### member states shall provide that any person who has suffered damage as a result of an unlawful processing operation or of an action incompatible with the provisions adopted pursuant to this directive shall have the right to receive compensation from the controller or the processor for the damage suffered . ### member states shall provide that any person who has suffered damage as a result of an unlawful processing operation or of an action incompatible with the provisions adopted pursuant to this directive shall have the right to receive compensation from the controller or the processor for the damage suffered in line with national law .


### evaluation ### evaluation and review


### the commission shall evaluate the application of this directive . ### the commission shall evaluate the application of this directive . regular objective and impartial evaluations shall be made by the commission and member states in order to verify whether this directive is being correctly implemented and applied . the commission shall be responsible for coordinating these evaluations , in close cooperation with the member states , and shall include announced and unannounced visits . the european parliament and the council shall be kept informed throughout the process and shall have access to the relevant documents .


### adopt the multi - annual staff policy plan and submit it by 31 march each year at the latest to the commission and the budgetary authority ; ### adopt the multi - annual staff policy plan , and a draft annual work programme and submit them by 31 march each year at the latest to the commission and the budgetary authority ;


### before 30 september each year , and after receiving the opinion of the commission , adopt by a two - thirds majority of its members with the right to vote , and in accordance with the annual union budgetary procedure and the union legislative programme in areas of title v of the treaty on the functioning of the european union , the agency ' s annual work programme for the coming year ; and ensure that the adopted work programme is forwarded to the european parliament , the council and the commission and published ; ### under the multi - annual programme , before 30 september each year , and after receiving the opinion of the commission , adopt by a two - thirds majority of its members with the right to vote , and in accordance with the annual union budgetary procedure and the union legislative programme in areas of title v of the treaty on the functioning of the european union , the agency ' s annual work programme for the coming year ; and ensure that the adopted work programme is forwarded to the european parliament , the council and the commission and published ;


### the executive director of the agency shall be appointed by the management board , from a list of candidates proposed by the commission , for a period of five years . ### the executive director of the agency shall be appointed by the management board , from a list of candidates proposed by the commission , for a period of five years . the candidates shall have the qualities and skills required to effectively perform the duties of director of the agency , particularly with regard to the financial rules applicable to the agency .


### each member state , each country associated with the implementation , application and development of the schengen acquis and the eurodac related measures as well as the commission shall appoint one member to each of the advisory groups for a three - year term , which may be renewed . ### each advisory group shall have 10 members . the commission shall appoint one member of each group . nine members of each advisory group shall be appointed by the council . all members shall be appointed for a three - year term , which may be renewed .


### operation ### staff


### the members of the management board , the executive director and the members of the advisory groups shall undertake to act in the public interest . for this purpose , they shall make , annually and in writing , a statement of commitment . ### the members of the management board , the executive director and the members of the advisory groups shall undertake to act in the public interest . for this purpose , they shall make , annually and in writing , a statement of commitment . the list of members of the management board shall be published on the agency ' s internet site .


### headquarters agreement ### headquarters agreement and operating conditions


### within three years from the date of the agency having taken up its responsibilities , and every five years thereafter , the management board shall commission an independent external evaluation of the implementation of this regulation on the basis of terms of reference issued by the management board after consultation with the commission . ### within three years from the date of the agency having taken up its responsibilities , and every three years thereafter , the management board shall commission an independent external evaluation of the implementation of this regulation on the basis of terms of reference issued by the management board after consultation with the commission .


### the evaluation shall assess the utility , relevance and effectiveness of the agency and its working practices . the evaluation shall take into account the views of stakeholders , at both european and national level . ### the evaluation shall assess the utility , relevance and effectiveness of the agency and its working practices . that evaluation shall also look at whether the management structure is appropriate for carrying out the agency ' s tasks . the evaluation shall take into account the views of stakeholders , at both european and national level .


### the management board shall receive the evaluation and issue recommendations regarding changes to this regulation , the agency and its working practices to the commission , which shall forward them , together with its own opinion as well as appropriate proposals , to the council and the european parliament . an action plan with a timetable shall be included , if appropriate . both the evaluation and the recommendations shall be made public . ### the management board shall receive the evaluation and issue recommendations regarding changes to this regulation , the agency and its working practices to the commission , which shall forward them , together with its own opinion as well as appropriate proposals , to the council and the european parliament . both the evaluation and the recommendations shall be made public .


### its draft work programme ; ### its draft annual work programme ;


### the executive director shall forward annually to the budgetary authority any information relevant to the outcome of the evaluation procedures . ### the executive director shall forward annually to the budgetary authority a report summarising the number and type of internal audits conducted by the internal auditor , the recommendations made and the action taken on these recommendations , in accordance with article 72 of regulation no 2343 / 2002 .


### preparatory actions ### start of the agency ' s activities


### entry into force and applicability ### entry into force


### in order to ensure the quality , and in particular the comparability , of the data provided by the member states , and in order for reliable overviews to be drawn up at european union level , the data used should be based on the same concepts and refer to the same reference date or period ; ### as practice has shown , statistical data provided by the member states is not always gathered by means of the same methodology ; therefore , in order to ensure the quality , and in particular the comparability , of the data provided by the member states , and in order for reliable overviews to be drawn up at european union level , the data used should be based on the same concepts and refer to the same reference date or period ;


### ' validated data ' means data that fulfil a set of quality criteria for data compilation , including all the checks made in terms of the quality of the data to be published or already published . ### ‘ validated data’ means statistical data that fulfil a set of quality criteria for data compilation , including all the checks made in terms of the quality of the data to be published or already published .


### member states shall provide the commission with data on the population as referred to in article 2 and at the reference time . where the circumstances described in article 2 i . or ii . cannot be established , member states shall provide the commission with data on population at their place of legal or registered residence at the reference time ; in this case , they shall undertake proportionate efforts to compute data which are the closest possible approximation to the population referred to in article 2 and . ### member states shall provide the commission with statistical data on the population as referred to in article&#160 ; 2 and at the reference time . where the circumstances described in article&#160 ; 2 or cannot be established , member states shall provide the commission with statistical data on population at their place of legal or registered residence at the reference time ; in this case , they shall undertake proportionate efforts to compute data which are the closest possible approximation to the statistical data of the population referred to in article&#160 ; 2 and .


### directive 2009 / 39 / ec foresees that specific provisions could be adopted regarding the two following specific categories of food falling within the definition of foodstuffs for particular nutritional uses : ' food intended to meet the expenditure of intense muscular effort , especially for sportsmen ' and ' food for persons suffering from carbohydrate metabolism disorders ' . with regard to food intended to meet the expenditure of intense muscular effort , no successful conclusion could be reached as regard the development of specific provisions due to widely diverging views among member states and stakeholders concerning the scope of the specific legislation , the number of sub - categories of the food to be included , the criteria for establishing composition requirements and the potential impact on innovation in product development . as regards special provisions for food for persons suffering from carbohydrate metabolism disorders , a commission report concludes that the scientific basis for setting specific compositional requirements is lacking . ### directive 2009 / 39 / ec foresees that specific provisions could be adopted regarding the two following specific categories of food falling within the definition of foodstuffs for particular nutritional uses : ' food intended to meet the expenditure of intense muscular effort , especially for sportsmen ' and ' food for persons suffering from carbohydrate metabolism disorders ' . with regard to food intended to meet the expenditure of intense muscular effort , in light of the report of 22 june 2000 by the european commission’s scientic committee on food , no successful conclusion could be reached as regards the development of specific provisions due to widely diverging views among member states and stakeholders concerning the scope of the specific legislation , the number of sub - categories of the food to be included , the criteria for establishing composition requirements and the potential impact on innovation in product development . work on this needs to continue and the commission should be asked to draw up a report on ‘ food intended to meet the expenditure of intense muscular effort’ so that a coherent and effective strategy to protect consumers , manufacturers in the sector and the operation of the internal market may be produced . taking the conclusions of this report as its basis , the commission may submit proposals to amend the relevant union legislation or may take new initiatives , where appropriate , on a sectoral basis .


### a limited number of categories of food constitutes the sole source of nourishment of certain groups of the population or represent a partial source of nourishment ; such categories of food are vital for the management of certain conditions and / or are essential to maintain the intended nutritional adequacy for certain well - established vulnerable groups of the population . those categories of food include infant formulae and follow - on formulae , processed cereal - based food and baby food and food for special medical purposes . experience has shown that the provisions laid down in commission directive 2006 / 141 / ec , commission directive 2006 / 125 / ec , as well as commission directive 1999 / 21 / ec ensure the free movement of such food in a satisfactory manner , while ensuring a high level of protection of public health . it is therefore appropriate that this regulation focuses on the general compositional and information requirements for infant formula and follow - on formulae , processed cereal - based food and baby food for infants and young children and to food for special medical purposes , taking into account commission directive 2006 / 141 / ec , commission directive 2006 / 125 / ec and commission directive 1999 / 21 / ec . ### a limited number of categories of food constitutes the sole source of nourishment of certain groups of the population or represent a partial source of nourishment ; such categories of food are vital for the management of certain conditions and / or are essential to maintain the intended nutritional adequacy for certain well - established vulnerable groups of the population . those categories of food include infant formulae and follow - on formulae , processed cereal - based food and baby food , milk based drinks intended for young children , food for special medical purposes . experience has shown that the provisions laid down in commission directive 2006 / 141 / ec , commission directive 2006 / 125 / ec , as well as commission directive 1999 / 21 / ec commission regulation no 41 / 2009 , as well as commission directive 96 / 8 / ec ensure the free movement of such food in a satisfactory manner , while ensuring a high level of protection of public health . it is therefore appropriate that this regulation focuses on the general compositional and information requirements for infant formula and follow - on formulae , processed cereal - based food and baby food for infants and young children , milk based drinks intended for young children , food for special medical purposes , taking into account commission directive 2006 / 141 / ec , commission directive 2006 / 125 / ec and commission directive 1999 / 21 / ec , commission directive 96 / 8 / ec and commission regulation no 41 / 2009 . in addition , the concept of ‘ specialised nutrition’ should be maintained and strictly limited to products that demonstrate their unique ability to fulfil the specific nutritional needs of vulnerable groups of the population , which otherwise could not be placed on the market using current union acts .


### a limited number of categories of food constitutes the sole source of nourishment of certain groups of the population or represent a partial source of nourishment ; such categories of food are vital for the management of certain conditions and / or are essential to maintain the intended nutritional adequacy for certain well - established vulnerable groups of the population . those categories of food include infant formulae and follow - on formulae , processed cereal - based food and baby food and food for special medical purposes . experience has shown that the provisions laid down in commission directive 2006 / 141 / ec , commission directive 2006 / 125 / ec , as well as commission directive 1999 / 21 / ec ensure the free movement of such food in a satisfactory manner , while ensuring a high level of protection of public health . it is therefore appropriate that this regulation focuses on the general compositional and information requirements for infant formula and follow - on formulae , processed cereal - based food and baby food for infants and young children and to food for special medical purposes , taking into account commission directive 2006 / 141 / ec , commission directive 2006 / 125 / ec and commission directive 1999 / 21 / ec . ### a limited number of categories of food constitutes the sole source of nourishment of certain groups of the population or represent a partial source of nourishment ; such categories of food are vital for the management of certain conditions and / or are essential to maintain the intended nutritional adequacy for certain well - established vulnerable groups of the population . those categories of food include infant formulae and follow - on formulae , processed cereal - based food and baby food and food for special medical purposes , and food for people intolerant to gluten . experience has shown that the provisions laid down in commission directive 2006 / 141 / ec , commission directive 2006 / 125 / ec , as well as commission directive 1999 / 21 / ec , and commission regulation no 41 / 2009 ensure the free movement of such food in a satisfactory manner , while ensuring a high level of protection of public health . it is therefore appropriate that this regulation focuses on the general compositional and information requirements for infant formula and follow - on formulae , processed cereal - based food and baby food for infants and young children and to food for special medical purposes , and food for people intolerant to gluten taking into account commission directive 2006 / 141 / ec , commission directive 2006 / 125 / ec and commission directive 1999 / 21 / ec , and commission regulation no 41 / 2009 .


### this regulation should provide the criteria for the establishment of the specific compositional and information requirements for infant formula , follow - on formula , processed cereal - based food and baby food , and food for special medical purposes , taking into account commission directive 2006 / 141 / ec , commission directive 2006 / 125 / ec and commission directive 1999 / 21 / ec . in order to adapt the definitions of infant formula , follow - on formula , processed cereal - based food and baby food , and food for special medical purposes laid down in this regulation taking into account technical and scientific progress and relevant developments at international level , to lay down the specific compositional and information requirements with respect to the categories of food covered by this regulation , including for additional labelling requirements to , or derogations from , the provisions of directive 2000 / 13 / ec and for the authorisation of nutrition and health claims , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission . it is of particular importance that the commission carries out appropriate consultations during its preparatory work , including at expert level . the commission , when preparing and drawing - up delegated acts , should ensure a simultaneous , timely and appropriate transmission of relevant documents to the european parliament and council . ### this regulation should provide the criteria for the establishment of the specific compositional and information requirements for infant formula , follow - on formula , processed cereal - based food and baby food , milk - based drinks for young children and food for special medical purposes , taking into account commission directive 2006 / 141 / ec , commission directive 2006 / 125 / ec and commission directive 1999 / 21 / ec . in order to adapt the definitions of infant formula , follow - on formula , processed cereal - based food and baby food , milk - based drinks for young children and food for special medical purposes laid down in this regulation taking into account technical and scientific progress and relevant developments at international level , to lay down the specific compositional and information requirements and the procedure for placing on the market foodstuffs resulting from scientific and technological innovations with respect to the categories of food covered by this regulation , including for additional labelling requirements to , or derogations from , the provisions of directive 2000 / 13 / ec and for the authorisation of nutrition and health claims , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission . it is of particular importance that the commission carries out appropriate consultations during its preparatory work , including at expert level . the commission , when preparing and drawing - up delegated acts , should ensure a simultaneous , timely and appropriate transmission of relevant documents to the european parliament and council .


### this regulation should provide the criteria for the establishment of the specific compositional and information requirements for infant formula , follow - on formula , processed cereal - based food and baby food , and food for special medical purposes , taking into account commission directive 2006 / 141 / ec , commission directive 2006 / 125 / ec and commission directive 1999 / 21 / ec . in order to adapt the definitions of infant formula , follow - on formula , processed cereal - based food and baby food , and food for special medical purposes laid down in this regulation taking into account technical and scientific progress and relevant developments at international level , to lay down the specific compositional and information requirements with respect to the categories of food covered by this regulation , including for additional labelling requirements to , or derogations from , the provisions of directive 2000 / 13 / ec and for the authorisation of nutrition and health claims , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission . it is of particular importance that the commission carries out appropriate consultations during its preparatory work , including at expert level . the commission , when preparing and drawing - up delegated acts , should ensure a simultaneous , timely and appropriate transmission of relevant documents to the european parliament and council . ### this regulation should provide the criteria for the establishment of the specific compositional and information requirements for infant formula , follow - on formula , processed cereal - based food and baby food , milk based drinks intended for young children and food for special medical purposes , taking into account commission directive 2006 / 141 / ec , commission directive 2006 / 125 / ec and commission directive 1999 / 21 / ec , commission directive 96 / 8 / ec and commission regulation no 41 / 2009 . in order to adapt the definitions of infant formula , follow - on formula , processed cereal - based food and baby food , milk based drinks intended for young children , and food for special medical purposes laid down in this regulation taking into account technical and scientific progress and relevant developments at international level , to lay down the specific compositional and information requirements and the process for placing on the market of food resulting from scientific and technological innovations with respect to the categories of food covered by this regulation , including for additional labelling requirements to , or derogations from , the provisions of directive 2000 / 13 / ec and for the authorisation of nutrition and health claims , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission . it is of particular importance that the commission carries out appropriate consultations during its preparatory work , including at expert level . the commission , when preparing and drawing - up delegated acts , should ensure a simultaneous , timely and appropriate transmission of relevant documents to the european parliament and council .


### this regulation should provide the criteria for the establishment of the specific compositional and information requirements for infant formula , follow - on formula , processed cereal - based food and baby food , and food for special medical purposes , taking into account commission directive 2006 / 141 / ec , commission directive 2006 / 125 / ec and commission directive 1999 / 21 / ec . in order to adapt the definitions of infant formula , follow - on formula , processed cereal - based food and baby food , and food for special medical purposes laid down in this regulation taking into account technical and scientific progress and relevant developments at international level , to lay down the specific compositional and information requirements with respect to the categories of food covered by this regulation , including for additional labelling requirements to , or derogations from , the provisions of directive 2000 / 13 / ec and for the authorisation of nutrition and health claims , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission . it is of particular importance that the commission carries out appropriate consultations during its preparatory work , including at expert level . the commission , when preparing and drawing - up delegated acts , should ensure a simultaneous , timely and appropriate transmission of relevant documents to the european parliament and council . ### this regulation should provide the criteria for the establishment of the specific compositional and information requirements for infant formula , follow - on formula , processed cereal - based food and baby food , food for special medical purposes , and food for people intolerant to gluten , taking into account commission directive 2006 / 141 / ec , commission directive 2006 / 125 / ec and commission directive 1999 / 21 / ec , commission regulation no 41 / 2009 . in order to adapt the definitions of infant formula , follow - on formula , processed cereal - based food and baby food , and food for special medical purposes , and food for people intolerant to gluten laid down in this regulation taking into account technical and scientific progress and relevant developments at international level , to lay down the specific compositional and information requirements with respect to the categories of food covered by this regulation , including for additional labelling requirements to , or derogations from , the provisions of directive 2000 / 13 / ec and for the authorisation of nutrition and health claims , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission . it is of particular importance that the commission carries out appropriate consultations during its preparatory work , including at expert level . the commission , when preparing and drawing - up delegated acts , should ensure a simultaneous , timely and appropriate transmission of relevant documents to the european parliament and council .


### subject to the general requirements of articles 7 and 9 and taking into account directive 2006 / 141 / ec , directive 2006 / 125 / ec and directive 1999 / 21 / ec as well as any technical and scientific progress , the commission shall be empowered to adopt delegated regulations , no later than [ 2 years after the date of the entry into force of this regulation ] , in accordance with article 15 , with respect to the following : ### subject to the general requirements of articles 7 and 9 and taking into account directive 2006 / 141 / ec , directive 2006 / 125 / ec , directive 1999 / 21 / ec , directive 96 / 8 / ec and regulation no 41 / 2009 , as well as any technical and scientific progress , the commission shall be empowered to adopt delegated regulations , for foods covered under article 1 no later than [ 2 years after the date of the entry into force of this regulation ] , in accordance with article 15 , with respect to the following :


### the examination procedure should only apply for the adoption of measures of general scope designed to implement basic acts and specific measures with a potentially important impact . that procedure should provide for the control of the member states in such a way that measures cannot be adopted if they are not in conformity with the opinion of the committee , except in very exceptional circumstances , where the commission should be able , in spite of a negative opinion , to adopt and apply measures for a limited period of time . the commission should be able to review the draft measures in the event that no opinion is delivered by the committee , taking into account the views expressed within the committee . ### the examination procedure should in particular apply for the adoption of measures of general scope designed to implement basic acts and specific measures with a potentially important impact . that procedure should provide for the control of the member states in such a way that acts cannot be adopted if they are not in conformity with the opinion of the committee , except in very exceptional circumstances , where the commission should be able , in spite of a negative opinion , to adopt and apply acts for a limited period of time . the commission should be able to review the draft acts in the event that no opinion is delivered by the committee , taking into account the views expressed within the committee .


### the european parliament and the council should be kept informed of committee proceedings on a regular basis . ### the european parliament and the council should be informed of any committee proceedings and related documentation at the same time and on the same terms as the committees .


### public access to information on committee proceedings should be ensured . ### public access to information on committee proceedings should be ensured in accordance with regulation no 1049 / 2001 of the european parliament and of the council of 30 may 2001 regarding public access to european parliament , council and commission documents1 . _______________________ 1 oj l 145 , 31 . 5 . 2001 , p . 43 .


### this regulation lays down the rules and general principles governing the mechanisms which shall apply in cases where a legally binding union act requires that the adoption of binding implementing acts by the commission be subject to the control of member states . ### this regulation lays down the rules and general principles governing the mechanisms which apply in cases where a legally binding union act identifies the need for uniform conditions of implementation and consequently requires that the adoption of implementing acts by the commission be subject to the control of member states .


### this regulation lays down the rules and general principles governing the mechanisms which shall apply in cases where a legally binding union act requires that the adoption of binding implementing acts by the commission be subject to the control of member states . ### this regulation lays down the rules and general principles governing the mechanisms which shall apply in cases where a legally binding union act identifies the need for uniform conditions of implementation and requires that the adoption of implementing acts by the commission be subject to the control of member states .


### this regulation lays down the rules and general principles governing the mechanisms which shall apply in cases where a legally binding union act requires that the adoption of binding implementing acts by the commission be subject to the control of member states . ### this regulation lays down the rules and general principles governing the procedures and the mechanisms of control which shall apply in cases where a legally binding union act confers implementing powers on the commission where uniform conditions for implementing that act are needed .


### a basic act may provide for the application of the examination procedure or the advisory procedure , according to the type of implementing measures concerned . 2 . the examination procedure may only apply for the adoption of : implementing measures of general scope ; other implementing measures relating to : common agricultural and common fisheries policies ; ii ) environment , security and safety or protection of the health or safety of humans , animals or plants ; iii ) common commercial policy . 3 . for all other implementing measures , and for implementing measures referred to in paragraph 2 where it is considered to be appropriate , the advisory procedure shall apply . ### a basic act may provide for the application of the advisory procedure or the examination procedure taking into account the nature or the impact of the implementing acts required . 2 . the examination procedure applies , in particular , for the adoption of : implementing acts of general scope ; other implementing acts relating to : common agricultural and common fisheries policies ; ii ) environment , security and safety or protection of the health or safety of humans , animals or plants ; iii ) common commercial policy ; iiia ) taxation ; iiib ) programmes with substantial budgetary implications . 3 . the advisory procedure applies , as a general rule , for the adoption of implementing acts not falling within the ambit of paragraph 2 , but it may also apply , in duly justified cases , for the adoption of the implementing acts referred to in that paragraph .


### the examination procedure may only apply for the adoption of : implementing measures of general scope ; other implementing measures relating to : common agricultural and common fisheries policies ; ii ) environment , security and safety or protection of the health or safety of humans , animals or plants ; iii ) common commercial policy . ### without prejudice to paragraph 1 , the examination procedure shall , where appropriate , apply for the adoption of implementing measures of general scope and specific measures with substantial implications , including of a budgetary nature .


### the committee’s opinion shall be recorded in the minutes . each member state may ask to have its position recorded in the minutes . ### the committee’s opinion shall be recorded in the minutes . each member state may ask , through the intermediary of its representative on the committee , to have its position , as expressed by that representative , recorded in the minutes .


### where a basic act provides for the application of the procedures referred to in articles 4 , 5 and 6 , the provisions set out in paragraphs 2 to 6 of this article shall apply . 2 . the commission shall be assisted by a committee composed of the representatives of the member states and chaired by a representative of the commission . 3 . the chairperson shall submit to the committee a draft of the measures to be taken . 4 . the committee shall examine the draft measures . until an opinion has been delivered , the chairperson may present amended versions of the draft measures in order to take into account the discussions within the committee . for that purpose , the chairperson may convene several meetings of the committee . the committee shall deliver its opinion on the draft within a time - limit which the chairperson may lay down according to the urgency of the matter . 5 . the chairperson may obtain the committee’s opinion by written procedure . he or she shall send the committee members the draft measures on which their opinion is sought and shall lay down a time - limit according to the urgency of the matter . any committee member who does not explicitly oppose or abstain before the time - limit laid down expires is considered to have given their tacit agreement to the draft measures . within the time - limit laid down in accordance with the previous subparagraph , any committee member may ask for the written procedure to be terminated and for the draft measures to be examined at a committee meeting . the chairperson may decide to maintain the written procedure or to terminate the written procedure without result , in which case a committee meeting shall be convened as soon as possible . 6 . the committee’s opinion shall be recorded in the minutes . each member state may ask to have its position recorded in the minutes . ### where a basic act provides for the application of the procedures referred to in articles 4 to 6 , paragraphs 2 to 7 of this article shall apply . 2 . the commission shall be assisted by a committee composed of representatives of member states . the committee shall be chaired by a representative of the commission . the chair shall not take part in the committee vote . 3 . the chair shall submit to the committee a draft of the acts to be adopted by the commission . except in duly justified cases , he or she shall convene a meeting not less than 14 days from the submission to the committee of the draft of the acts to be adopted and of the draft agenda . the committee shall deliver its opinion on the draft within a time - limit which the chair may lay down according to the urgency of the matter . time - limits shall be proportionate and shall offer representatives of the member states early and effective opportunities to examine the draft acts and express their views . 4 . until the committee delivers an opinion , any committee member may suggest amendments and the chair may present amended versions of the draft acts . the chair shall endeavour to find solutions which command the widest possible support within the committee . he or she shall inform the committee of the manner in which the discussions and suggestions for amendments have been taken into account , in particular as regards those suggestions which are largely supported within the committee . 5 . in duly justified cases , the chair may obtain the committee’s opinion by written procedure . he or she shall send the committee members the draft acts and shall lay down a time - limit according to the urgency of the matter . any committee member who does not explicitly oppose or abstain before the expiry of that time - limit shall be considered to have given his or her tacit agreement to the draft acts . unless otherwise provided in the basic act , the written procedure shall be terminated without result where , within the time - limit referred to in the first subparagraph , the chair so decides or a committee member so requests . in such a case , the chair shall convene a committee meeting within a reasonable time . 6 . the committee’s opinion shall be recorded in the minutes . each member of the committee shall have the right to ask to have his or her position recorded in the minutes . the commission shall send the minutes to the committee members without delay . 6a . where applicable , the control mechanism includes referral to an appeal committee . the appeal committee shall adopt its own rules of procedure by simple majority , on a proposal from the commission . where the appeal committee is seised , it shall meet at the earliest 14 days , except in duly justified cases , and at the latest six weeks , after the date of referral . without prejudice to paragraph 3 , the appeal committee shall deliver its opinion within two months from the date of referral . a representative of the commission shall chair the meetings of the appeal committee . the chair shall set the date of the appeal committee meeting in close cooperation with the members of the committee , in order to enable member states and the commission to ensure an appropriate level of representation . the commission shall convene the first meeting of the appeal committee within one month after the entry into force of this regulation in order to adopt its rules of procedure .


### the committee shall deliver its opinion , if necessary by taking a vote . if the committee takes a vote , the opinion shall be delivered by the majority laid down in article 238 of the treaty . 2 . the commission shall decide on the measures to be taken , taking the utmost account of the conclusions drawn from the discussions within the committee and of the opinion delivered . it shall inform the committee of the manner in which the opinion has been taken into account . ### where the advisory procedure applies , the committee shall deliver its opinion , where necessary by taking a vote . if the committee takes a vote , the opinion shall be delivered by a simple majority of its component members . 2 . the commission shall decide on the measures to be taken , taking the utmost account of the conclusions drawn from the discussions within the committee and of the opinion delivered .


### the committee shall deliver its opinion by a qualified majority as provided for in article 16 and of the treaty on european union . 2 . if the draft measures are in accordance with the opinion of the committee , the commission shall adopt these measures , unless exceptional circumstances or new elements have arisen which would justify the measures not being adopted . in such cases , the chairperson may submit to the committee a new draft of the measures to be taken . 3 . if the draft measures are not in accordance with the opinion of the committee , the commission shall not adopt those measures . the chairperson may submit to the committee the draft measures for further deliberation or submit an amended version of the draft measures . 4 . if no opinion is delivered , the commission may adopt the draft measures . where the commission does not adopt the draft measures , the chairperson may submit to the committee an amended version of the draft measures . 5 . by derogation from paragraph 3 , the commission may adopt draft measures which are not in accordance with the opinion of the committee where their non adoption within an imperative deadline would create a significant disruption of the markets or a risk for the security or safety of humans or for the financial interests of the union . in such a case the commission shall immediately inform the committee of its reasons for adopting the measures and may submit them to a second deliberation of the committee . if the measures adopted are not in accordance with the second opinion of the committee , or if the measures have not been submitted to a second deliberation within a month after their adoption , the commission shall repeal the measures forthwith . if the measures are in accordance with the second opinion of the committee , or if no opinion is delivered , those measures shall remain in force . ### where the examination procedure applies , the committee shall deliver its opinion by the majority laid down in article 16 and of the treaty on european union and , where applicable , 238 of the treaty on the functioning of the european union , for acts to be adopted on a proposal from the commission . the votes of the representatives of the member states within the committee shall be weighted in the manner set out in those articles . 2 . if the committee delivers a positive opinion , the commission shall adopt the draft acts . 3 . without prejudice to article 5b , if the committee delivers a negative opinion , the commission shall not adopt those acts . where implementing acts are deemed to be necessary , the chair may either submit the draft acts within one month to the appeal committee for further deliberation or submit to the committee within two months an amended version of the draft acts . 4 . if no opinion is delivered , the commission may adopt the draft acts , except in the case provided for in the next subparagraph . where the commission does not adopt the draft acts , the chair may submit to the committee an amended version of the draft acts . without prejudice to article 5b , the commission shall not adopt the draft acts where : – the measures concern taxation , financial services , the protection of the health or safety of humans , animals or plants , or definitive multilateral safeguard measures , or – the basic act so provides , or – a simple majority of the component members of the committee opposes them . in any of the cases referred to in the second subparagraph , where implementing acts are deemed to be necessary , the chair may either submit the draft acts within one month to the appeal committee for further deliberation or submit to the committee within two months an amended version of the draft acts . 5 . by way of derogation from paragraph 4 , the following procedure shall apply for the adoption of definitive antidumping or countervailing measures , in cases where no opinion is delivered within the examination committee and a simple majority of its component members opposes the draft act . the commission shall conduct consultations with the member states . fourteen days at the earliest and one month at the latest after the meeting of the committee , the commission shall inform the committee members of the results of those consultations and submit a draft act to the appeal committee . by way of derogation from article 3 , the appeal committee shall meet 14 days at the earliest and one month at the latest after the submission of the draft act . the appeal committee shall deliver its opinion in accordance with article 5a . the time - limits laid down in this paragraph are without prejudice to the need to ensure that the deadlines laid down in the relevant basic acts are respected .


### by way of derogation from articles 4 and 5 , a basic act may provide that , on imperative grounds of urgency , the provisions set out in paragraphs 2 to 5 of this article shall apply . 2 . the commission shall adopt measures which shall apply immediately . 3 . the chairperson shall without delay submit the measures referred to in paragraph 2 to the relevant committee in order to obtain its opinion in accordance with the procedure provided for in the basic act . 4 . in the case of the examination procedure , where the measures are not in accordance with the opinion of the committee pursuant to article 5 , the commission shall repeal the measures adopted in accordance with paragraph 2 . 5 . by way of derogation from paragraph 4 , the commission may maintain the measures in force on grounds related to the protection of the environment or of the health or safety of humans , animals or plants , the conservation of marine resources , for security and safety reasons , or to avoid disruption or threat of disruption of the markets . in those cases , the chairperson shall without delay either resubmit to the committee the same measures for a second deliberation or submit an amended version of the measures . the measures referred to in paragraph 2 shall remain in force until they are repealed or replaced by another implementing act . ### by way of derogation from articles 4 and 5 , a basic act may provide that , on duly justified imperative grounds of urgency , the provisions set out in paragraphs 2 to 5 of this article shall apply . 2 . the commission shall adopt acts which shall apply immediately and shall remain in force for a period not exceeding six months unless the basic act provides otherwise . 3 . at the latest 14 days after their adoption , the chair shall submit the acts referred to in paragraph 2 to the relevant committee in order to obtain its opinion . 4 . in the case of the examination procedure , where the committee delivers a negative opinion , the commission shall immediately repeal the acts adopted in accordance with paragraph 2 . 5 . where the commission adopts provisional anti - dumping or countervailing measures , the procedure provided for in this article shall apply . the commission shall take provisional action after consulting or , in cases of extreme urgency , after informing the member states . in this case , consultations shall take place ten days , at the latest , after notification to the member states of the action taken by the commission .


### each committee shall adopt by a majority of its component members its own rules of procedure on the proposal of its chairperson , on the basis of standard rules which shall be published by the commission in the official journal of the european union . in so far as necessary existing committees shall adapt their rules of procedure to the standard rules . 2 . the principles and conditions on public access to documents and on data protection applicable to the commission shall apply to the committees . ### each committee shall adopt by a majority of its component members its own rules of procedure on the proposal of its chair , on the basis of standard rules which shall be drawn up by the commission after consultation with member states . such standard rules shall be published by the commission in the official journal of the european union . in so far as necessary existing committees shall adapt their rules of procedure to the standard rules . 2 . the principles and conditions on public access to documents and the rules on data protection applicable to the commission shall apply to the committees .


### the commission shall keep a register of committee proceedings which shall contain : ### in addition to complying with the information requirements under paragraph - 1 , the commission shall keep a register of committee proceedings which shall contain :


### the draft measures on which the committees are asked to deliver an opinion , ### the draft measures on which the committees are asked to deliver an opinion , and the type of opinion delivered ,


### the commission shall keep a register of committee proceedings which shall contain : the agendas of committee meetings , the summary records , together with the lists of the authorities and organisations to which the persons designated by the member states to represent them belong , the draft measures on which the committees are asked to deliver an opinion , the results of voting , the final draft measures following the opinion of the committees , the information concerning the final adoption of the measures by the commission , and statistical data on the working of the committees . 2 . the european parliament and the council shall have access to the information referred to in paragraph 1 . 3 . the references of all documents referred to in points to of paragraph 1 as well as the information referred to in point of paragraph 1 shall be made public in the register . ### the commission shall keep a register of committee proceedings which shall contain : a list of committees , the agendas of committee meetings , the summary records , together with the lists of the authorities and organisations to which the persons designated by the member states to represent them belong , the draft acts on which the committees are asked to deliver an opinion , the voting results , the final draft acts following the opinion of the committees , information concerning the final adoption of the acts by the commission , and statistical data on the work of the committees . 1a . the commission shall also publish an annual report on the work of the committees . 2 . the european parliament and the council shall have access to the information referred to in paragraph 1 in accordance with the applicable rules . 2a . at the same time as they are sent to the committee members , the commission shall make available to the european parliament and the council the documents referred to in points , and of paragraph 1 whilst also informing them of the availability of such documents . 3 . the references of all documents referred to in points to of paragraph 1 as well as the information referred to in point of paragraph 1 shall be made public in the register .


### decision 1999 / 468 / ec shall be repealed . the effects of article 5a of the repealed decision shall be maintained for the purposes of existing basic acts making reference thereto . ### decision 1999 / 468 / ec shall be repealed . the effects of article 5a of decision 1999 / 468 / ec shall be maintained for the purposes of existing basic acts making reference thereto .


### article 10 adaptation of existing basic acts where basic acts adopted before the entry into force of this regulation provide for the exercise of implementing powers by the commission in accordance with decision 1999 / 468 / ec , the following rules shall apply : references to article 3 of decision 1999 / 468 / ec shall be understood as references to article 4 of this regulation ; references to articles 4 and 5 of decision 1999 / 468 / ec shall be understood as references to article 5 of this regulation ; references to article 6 of decision 1999 / 468 / ec shall be understood as references to article 6 of this regulation ; references to articles 7 and 8 of decision 1999 / 468 / ec shall be understood as references to article 8 of this regulation . 2 . articles 3 and 7 of this regulation shall apply to all existing committees . ### article 10 transitional provisions : adaptation of existing basic acts where basic acts adopted before the entry into force of this regulation provide for the exercise of implementing powers by the commission in accordance with decision 1999 / 468 / ec , the following rules shall apply : where the basic act makes reference to article 3 of decision 1999 / 468 / ec , the advisory procedure referred to in article 4 of this regulation shall apply ; where the basic act makes reference to articles 4 and 5 of decision 1999 / 468 / ec , the examination procedure referred to in article 5 of this regulation shall apply ; where the basic act makes reference to article 4 of decision 1999 / 468 / ec , the second and third subparagraphs of article 5 shall not apply ; where the basic act makes reference to article 5 of decision 1999 / 468 / ec , that basic act shall be considered to be the basic act within the meaning of the second subparagraph , second indent of article 5 ; where the basic act makes reference to article 6 of decision 1999 / 468 / ec , article 6 of this regulation shall apply ; where the basic act makes reference to articles 7 and 8 of decision 1999 / 468 / ec , articles 8 and 8a of this regulation shall apply . 2 . articles 3 and 7 of this regulation shall apply to all existing committees for the purposes of paragraph 1 . 2a . article 5b of this regulation shall apply only to existing procedures which make reference to article 4 of decision 1999 / 468 / ec . 2b . the transitional provisions laid down in this article shall not prejudge the nature of the acts concerned .


### where basic acts adopted before the entry into force of this regulation provide for the exercise of implementing powers by the commission in accordance with decision 1999 / 468 / ec , the following rules shall apply : references to article 3 of decision 1999 / 468 / ec shall be understood as references to article 4 of this regulation ; references to articles 4 and 5 of decision 1999 / 468 / ec shall be understood as references to article 5 of this regulation ; references to article 6 of decision 1999 / 468 / ec shall be understood as references to article 6 of this regulation ; references to articles 7 and 8 of decision 1999 / 468 / ec shall be understood as references to article 8 of this regulation . ### pending the adaptation of basic acts adopted before the entry into force of this regulation in accordance with article 9a , where such acts provide for the exercise of implementing powers by the commission in accordance with decision 1999 / 468 / ec , the following rules shall apply : where the basic act makes reference to article 3 of decision 1999 / 468 / ec , the advisory procedure referred to in article 4 of this regulation shall apply ; where the basic act makes reference to articles 4 and 5 of decision 1999 / 468 / ec , the examination procedure referred to in article 5 of this regulation shall apply ; where the basic act makes reference to article 6 of decision 1999 / 468 / ec , article 6 of this regulation shall apply ; where the basic act makes reference to articles 7 and 8 of decision 1999 / 468 / ec , article 8 of this regulation shall apply .


### in general , the provision that provides the possibility for disputes to be resolved in the regulations establishing the esfs does not require consequential changes to the relevant legislation . however , in those areas where some form of non - binding mediation is already established in the relevant legislation , or where there are time limits for joint decisions to be taken by one or more competent national authorities , amendments are needed to ensure clarity and minimum disruption to the process for reaching a joint decision , but also that where necessary , the european supervisory authorities are able to resolve disagreements . ### article 11 of each of regulation . . . / . . . [ eba ] , regulation . . . / . . . [ esma ] and regulation . . . / . . . [ eiopa ] requires that the cases in which the mechanism to settle disagreements between competent national authorities may be applied be specified in sector - specific legislation . moreover , in those areas where some form of non - binding mediation is already established in the relevant legislation , or where there are time limits for joint decisions to be taken by one or more competent national authorities , amendments are needed to ensure clarity and minimum disruption to the process for reaching a joint decision , but also that where necessary , the european supervisory authorities are able to resolve disagreements .


### the member state referred to in paragraph 2 shall immediately notify other member states and the european securities and markets authority established by regulation… / …of the european parliament and of the council and shall communicate to the latter all information essential to achieve its tasks . ### the member state referred to in paragraph 2 shall immediately notify the european systemic risk board , other member states and the european securities and markets authority established by regulation… / …of the european parliament and of the council and shall communicate to the latter all information essential to achieve its tasks .


### ' 11 . in order to ensure uniform application of this directive , the european insurance and occupational pension authority shall develop draft technical standards listing for each member state provisions of prudential nature relevant to the field of occupational pension schemes which are not covered by the reference to national social and labour law in paragraph 1 . the authority shall submit those draft technical standards to the commission by 1 january 2014 . ### ' 11 . in order to ensure consistent harmonisation and uniform application of this directive , the european insurance and occupational pensions authority shall develop draft technical standards regarding the methods for calculating technical provisions . the authority shall submit those draft technical standards to the commission by 1 january 2014 .


### in order to ensure uniform application of paragraph 1 of this article and the convergence of supervisory practices , the european banking authority shall develop draft technical standards to determine the conditions of application of the provisions governing the instruments referred to in paragraph 1 of this article . the authority shall submit those draft technical standards to the commission by 1 january 2014 . the commission may adopt the draft technical standards referred to in the first subparagraph in accordance with the procedure laid down in article 7 of regulation . . . / . . . . [ eba ] . the european banking authority shall also issue guidelines in relation to instruments referred to in point of the first paragraph of article 57 . the european banking authority shall monitor the application of the technical standards referred to in the first subparagraph . ### the european banking authority shall elaborate guidelines for the convergence of supervisory practices with regard to the instruments referred to in paragraph 1 of this article and in article 57 and shall monitor their application . by 31 december 2014 , the commission shall review the application of this article and shall report to the european parliament and the council together with any appropriate proposals to ensure the quality of own funds . the commission may adopt the draft guidelines referred to in the first subparagraph in accordance with the procedure laid down in article 8 of regulation . . . / . . . . [ eba ] .


### ' for the communication of these calculations by credit institutions , competent authorities shall apply , from 31 december 2012 , uniform formats , frequencies , language and dates of reporting . in order to ensure uniform application of the directive , the european banking authority shall develop draft technical standards to introduce , within the community , uniform formats , frequencies , languages and dates of reporting before 1 january 2012 . the reporting formats shall be proportionate to the nature , scale and complexity of the credit institutions ' activities . the commission may adopt the draft technical standards referred to in the first subparagraph in accordance with the procedure laid down in article 7 of regulation . . . / . . . . [ eba ] ' . ### ' for the communication of these calculations by credit institutions , competent authorities shall apply , from 31 december 2012 , uniform formats , frequencies , it language and dates of reporting . reporting must be able to be done in any official language of the european union . in order to ensure consistent harmonisation and uniform application of the directive , the european banking authority shall develop draft technical standards to introduce , within the community , uniform formats , frequencies , it language and dates of reporting before 1 january 2012 . the reporting formats shall be proportionate to the nature , scale and complexity of the credit institutions ' activities . the commission may adopt the draft technical standards referred to in the first subparagraph in accordance with the procedure laid down in article 7 of regulation . . . / . . . . [ eba ] ' .


### ' in order to ensure uniform application of this article , the european banking authority , in consultation with the european securities and market authority , shall develop draft technical standards to determine the conditions of application of the assessment methodology relating to credit assessments . the authority shall submit those draft technical standards to the commission by 1 january 2014 . ### ' in order to ensure consistent harmonisation and uniform application of this article , the european banking authority , in consultation with the european securities and market authority , shall propose draft technical standards to determine the conditions of application of the assessment methodology relating to credit assessments . the authority shall submit those draft technical standards to the commission by 1 january 2014 .


### ' 2 . member states shall provide that reporting shall be carried out at least twice a year . the competent authorities shall apply , from 31 december 2012 , uniform formats , frequencies , language and dates of reporting . in order to ensure uniform application of the directive , the european banking authority shall develop draft technical standards to introduce , within the community , uniform formats , frequencies , language and dates of reporting before 1 january 2012 . the reporting formats shall be proportionate to the nature , scale and complexity of the credit institutions ' activities . ### ' 2 . member states shall provide that reporting shall be carried out at least twice a year . the competent authorities shall apply , from 31 december 2012 , uniform formats , frequencies , it language and dates of reporting . reporting must be able to be done in any official language of the european union . in order to ensure consistent harmonisation and uniform application of the directive , the european banking authority shall develop draft technical standards to introduce , within the community , uniform formats , frequencies , it language and dates of reporting before 1 january 2012 . the reporting formats shall be proportionate to the nature , scale and complexity of the credit institutions ' activities .


### since travel services may be combined in many different ways , it is appropriate to consider as packages all combinations of travel services that display features which travellers typically associate with packages , notably that separate travel services are bundled together into a single travel product for which the organiser assumes responsibility for proper performance . in accordance with the case law of the court of justice of the european union16 , it should make no difference whether travel services are combined before any contact with the traveller or at the request of or according to the selection made by the traveller . the same principles should apply irrespective of whether the booking is made through a high street travel agent or online . __________________ 16 see judgment in case c - 400 / 00 club tour , viagens e turismo sa v . alberto carlos lobo gonçalves garrido and club med viagens ld , ecr 2002 , i - 04051 . ### since travel services may be combined in many different ways , it is appropriate to consider as packages all combinations of travel services that display features which travellers typically associate with packages , notably that separate travel services are bundled together into a single travel product . in accordance with the case law of the court of justice of the european union16 , it should make no difference whether travel services are combined before any contact with the traveller or at the request of or according to the selection made by the traveller . the same principles should apply irrespective of whether the booking is made through a high street travel agent or online . __________________ 16 see judgment in case c - 400 / 00 club tour , viagens e turismo sa v . alberto carlos lobo gonçalves garrido and club med viagens ld , ecr 2002 , i - 04051 .


### particular rules should be laid down for both high street and on - line retailers which assist travellers , on the occasion of a single visit or contact with their own point of sale , in concluding separate contracts with individual service providers and for online retailers which , through linked online booking processes , facilitate the procurement of additional travel services from another trader in a targeted manner , at the latest when the booking of the first service is confirmed . these rules would apply for example , where , along with the confirmation of the booking of a first travel service such as a flight or a train journey , a consumer receives an invitation to book an additional travel service available at the chosen travel destination , for instance hotel accommodation , with a link to the booking site of another service provider or intermediary . while those arrangements do not constitute packages within the meaning of this directive as there can be no confusion that a single organiser has assumed the responsibility for the travel services , such assisted arrangements constitute an alternative business model that often competes closely with packages . ### particular rules should be laid down for both high street and on - line retailers which assist travellers , on the occasion of a single visit or contact with their own point of sale , in concluding separate contracts with individual service providers and for online retailers which , through linked online booking processes , facilitate the procurement of additional travel services from another trader in a targeted manner , at the latest when the booking of the first service is confirmed . these rules would apply for example , where , along with the confirmation of the booking of a first travel service such as a flight or a train journey , a consumer receives an invitation to book an additional travel service available at the chosen travel destination , for instance hotel accommodation , with a link to the booking site of another service provider or intermediary . while those arrangements do not constitute packages within the meaning of this directive as there can be no confusion that a single trader has assumed the responsibility for the travel services , such assisted arrangements constitute an alternative business model that often competes closely with packages .


### other tourist services , such as admission to concerts , sport events , excursions or event parks are services that , in combination with either carriage of passengers , accommodation and / or car rental , should be considered as capable of constituting a package or an assisted travel arrangement . however , such packages should only fall within the scope of this directive if the relevant tourist service accounts for a significant proportion of the package . generally , the tourist service should be considered as a significant proportion of the package if it accounts for more than 20% of the total price or otherwise represents an essential feature of the trip or holiday . ancillary services , such as travel insurance , transport of luggage , meals and cleaning provided as part of accommodation , should not be considered as tourist services in their own right . ### leisure services , such as admission to concerts , sport events , excursions or event parks are services that , in combination with either carriage of passengers , accommodation and / or car rental , should be considered as capable of constituting a package or an assisted travel arrangement . however , such packages should only fall within the scope of this directive if the relevant leisure service accounts for a significant proportion of the package . generally , the leisure service should be considered as a significant proportion of the package if it is specifically stated that it accounts for more than 20% of the total price or otherwise represents an essential feature of the trip or holiday for the trader and the traveller . ancillary services , such as , in particular , travel insurance , transport between the station and the place of accommodation , transport to the place of departure for the travel and as part of excursions , transport of luggage , sale of ski passes , bicycle rental , meals and cleaning provided as part of accommodation , should not be considered as leisure services in their own right .


### in order to ensure consistency , it is appropriate to align the provisions of this directive with international conventions covering travel services and with the union legislation on passenger rights . where the organiser is liable for failure to perform or improper performance of the services included in the package travel contract , the organiser should be able to invoke the limitations of the liability of service providers set out in such international conventions as the montreal convention of 1999 for the unification of certain rules for international carriage by air18 , the convention of 1980 concerning international carriage by rail 19 and the athens convention of 1974 on the carriage of passengers and their luggage by sea20 . where it is impossible , because of unavoidable and extraordinary circumstances , to ensure the traveller ' s return to the place of departure , the organiser ' s obligation to bear the cost of the travellers ' continued stay at the place of destination should be aligned with the commission ' s proposal21 aimed to amend regulation no 261 / 2004 of the european parliament and of the council of 11 february 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights22 . __________________ 18 2001 / 539 / ec : council decision of 5 april 2001 on the conclusion by the european community of the convention for the unification of certain rules for international carriage by air . 19 2013 / 103 / eu : council decision of 16 june 2011 on the signing and conclusion of the agreement between the european union and the intergovernmental organisation for international carriage by rail on the accession of the european union to the convention concerning international carriage by rail . 20 2012 / 22 / eu : council decision of 12 december 2011 concerning the accession of the european union to the protocol of 2002 to the athens convention relating to the carriage of passengers and their luggage by sea , 1974 , with the exception of articles 10 and 11 thereof . 21 proposal for a regulation of the european parliament and of the council amending regulation no 261 / 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights and regulation no 2027 / 97 on air carrier liability in respect of the carriage of passengers and their baggage by air - com / 2013 / 130 final . 22 oj l 46 , 17 . 2 . 2004 , p . 1 ### in order to ensure consistency , it is appropriate to align the provisions of this directive with international conventions covering travel services and with the union legislation on passenger rights . where the organiser and / or retailer is liable for failure to perform or improper performance of the services included in the package travel contract , the organiser and / or retailer should be able to invoke the limitations of the liability of service providers set out in such international conventions as the montreal convention of 1999 for the unification of certain rules for international carriage by air18 , the convention of 1980 concerning international carriage by rail 19 and the athens convention of 1974 on the carriage of passengers and their luggage by sea20 . where it is impossible , because of unavoidable and extraordinary circumstances , to ensure the traveller ' s return to the place of departure , the organiser ' s obligation to bear the cost of the travellers ' continued stay at the place of destination should be aligned with the commission ' s proposal21 aimed to amend regulation no 261 / 2004 of the european parliament and of the council of 11 february 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights22 . __________________ 18 2001 / 539 / ec : council decision of 5 april 2001 on the conclusion by the european community of the convention for the unification of certain rules for international carriage by air . 19 2013 / 103 / eu : council decision of 16 june 2011 on the signing and conclusion of the agreement between the european union and the intergovernmental organisation for international carriage by rail on the accession of the european union to the convention concerning international carriage by rail . 20 2012 / 22 / eu : council decision of 12 december 2011 concerning the accession of the european union to the protocol of 2002 to the athens convention relating to the carriage of passengers and their luggage by sea , 1974 , with the exception of articles 10 and 11 thereof . 21 proposal for a regulation of the european parliament and of the council amending regulation no 261 / 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights and regulation no 2027 / 97 on air carrier liability in respect of the carriage of passengers and their baggage by air - com / 2013 / 130 final . 22 oj l 46 , 17 . 2 . 2004 , p . 1


### this directive should not affect the rights of travellers to present claims both under this directive and under any other relevant union legislation , so that travellers will continue to have the possibility to address claims to the organiser , the carrier or any other liable party , or , as the case may be , to several parties . it should be clarified that they may not cumulate rights under different legal bases if the rights safeguard the same interest or have the same objective . the organiser ' s liability is without prejudice to the right to seek redress from third parties , including service providers . ### this directive should not affect the rights of travellers to present claims both under this directive and under any other relevant union legislation , so that travellers will continue to have the possibility to address claims to the organiser and / or retailer , the carrier or any other liable party , or , as the case may be , to several parties . it should be clarified that they may not cumulate rights under different legal bases if the rights safeguard the same interest or have the same objective . the organiser’s and / or retailer’s liability is without prejudice to the right to seek redress from third parties , including service providers .


### it is also appropriate to confirm that consumers may not waive rights stemming from this directive and organisers or traders facilitating assisted travel arrangements may not escape from their obligations by claiming that they are simply acting as a service provider , an intermediary or in any other capacity . ### it is also appropriate to confirm that travellers may not waive rights stemming from this directive and organisers and / or retailers , or traders facilitating assisted travel arrangements , may not escape from their obligations by claiming that they are simply acting as a service provider , an intermediary or in any other capacity .


### this directive shall apply to packages offered for sale or sold by traders to travellers , with the exception of article 17 , and to assisted travel arrangements with the exception of articles 4 to 14 , articles 18 and article 21 . ### this directive shall apply to packages offered for sale or sold by traders to travellers , or whose purchase by travellers is facilitated by the traders , with the exception of article 17 , and to assisted travel arrangements with the exception of articles 4 to 14 , articles 18 and article 21 .


### car rental or ### rental of cars or other vehicles or of other means of transport


### any other tourist service not ancillary to carriage of passengers , accommodation or car rental ; ### any other tourist service not ancillary to carriage of passengers , accommodation or rental of cars or other vehicles or of other means of transport .


### ' assisted travel arrangement ' means a combination of at least two different types of travel services for the purpose of the same trip or holiday , not constituting a package , resulting in the conclusion of separate contracts with the individual travel service providers , if a retailer facilitates the combination : ### ‘ assisted travel arrangement’ means a combination of at least two different types of travel services for the purpose of the same trip or holiday , not constituting a package , resulting in the conclusion of separate contracts with the individual travel service providers , if one of those service providers or a retailer facilitates the combination :


### through the procurement of additional travel services from another trader in a targeted manner through linked online booking processes at the latest when the booking of the first service is confirmed ; ### through the procurement of additional travel services from another trader in a targeted manner , through linked online booking processes in which the traveller’s name , details and credit card data required for the payment of the booking are transferred from one trader to another at the latest when the booking of the first service is confirmed ;


### the total price of the package inclusive of taxes and , where applicable , of all additional fees , charges and other costs or , where those costs cannot reasonably be calculated in advance , the fact that the traveller may have to bear such additional costs ; ### the total price of the package inclusive of taxes and , where applicable , of all additional fees , charges and other costs or , where those costs cannot reasonably be calculated in advance , the fact that the traveller may have to bear such additional costs and the nature of such costs ;


### member states shall ensure that the organiser may not change the information made known to the traveller pursuant to points , , , and of article 4 , unless the organiser reserves the right to make changes to that information and communicates any changes to the traveller in a clear and prominent manner before the conclusion of the contract . ### member states shall ensure that the organiser and / or retailer may not change the information made known to the traveller pursuant to points , , , and of article 4 , unless the organiser and / or retailer reserves the right to make changes to that information and communicates any changes to the traveller in a clear and prominent manner before the conclusion of the contract .


### at or immediately after the conclusion of the contract , the organiser shall provide the traveller with a copy of the contract or a confirmation of the contract on a durable medium . ### at or immediately after the conclusion of the contract , the organiser and / or retailer shall provide the traveller with a copy of the contract or a confirmation of the contract on a durable medium .


### the details of a contact point where the traveller can complain about any lack of conformity which he perceives on the spot ; ### the details of the retailer ' s contact point where the traveller can complain about any lack of conformity which he perceives on the spot , giving the retailer ' s name , geographical address , telephone number , fax number and e - mail address , so that the consumer may contact him quickly and communicate with him efficiently ;


### the name , geographical address , telephone number and e - mail address of the organiser ' s local representative or contact point whose assistance a traveller in difficulty could request or , where no such representative or contact point exists , an emergency telephone number or the indication of other ways of contacting the organiser ; ### the name , geographical address , telephone number and e - mail address of the organiser’s and / or the retailer’s local representative or contact point whose assistance a traveller in difficulty could request or , where no such representative or contact point exists , an emergency telephone number or the indication of other ways of contacting the organiser and / or the retailer ;


### in good time before the start of the package , the organiser shall provide the traveller with the necessary receipts , vouchers or tickets , including information on the precise times of departure , intermediate stops , transport connections and arrival . ### in good time before the start of the package , the organiser and / or the retailer shall provide the traveller with the necessary receipts , vouchers or tickets , including information on the precise times of departure , intermediate stops , transport connections and arrival .


### the transferor of the contract and the transferee shall be jointly and severally liable for the payment of the balance due and for any additional fees , charges or other costs arising from the transfer . those costs shall not be unreasonable and in any case shall not exceed the actual cost borne by the organiser . ### the transferor of the contract and the transferee shall be jointly and severally liable for the payment of the balance due and for any additional fees , charges or other costs arising from the transfer . those costs shall not be unreasonable and in any case shall not exceed the actual cost borne by the organiser and / or the retailer .


### the transferor of the contract and the transferee shall be jointly and severally liable for the payment of the balance due and for any additional fees , charges or other costs arising from the transfer . those costs shall not be unreasonable and in any case shall not exceed the actual cost borne by the organiser . ### the transferor of the contract and the transferee shall be jointly and severally liable for the payment of the balance due and for any additional fees , charges or other costs arising from the transfer . those costs shall not be unreasonable and in any case shall not exceed the actual cost borne by the organiser . the transferee organiser shall be responsible for providing proof of the charges or additional costs caused by the transfer of the contract .


### member states shall ensure that prices are not subject to revision , unless the contract expressly reserves the possibility of an increase and obliges the organiser to reduce prices to the same extent as a direct consequence of changes : ### the prices laid down in the contract shall not be subject to revision unless the contract expressly provides for the possibility of upward or downward revision and states precisely how the revised price is to be calculated , and solely to allow for variations in : - transportation costs , including the cost of fuel ; - dues , taxes or fees chargeable for certain services , such as landing taxes or embarkation or disembarkation fees at ports and airports ; - the exchange rates applied to the particular package .


### the price increase referred to in paragraph 1 shall be valid only if the organiser notifies the traveller of it with a justification and calculation on a durable medium at the latest 20 days prior to the start of the package . ### the price increase referred to in paragraph 1 shall be valid only if the organiser notifies the traveller of it with a justification and calculation on a durable medium , showing the costs at the time the contract was taken out , at the latest 20 days prior to the start of the package . the organiser shall be responsible for providing proof of the grounds for the price increase .


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


### if , before the start of the package , the organiser is constrained to alter significantly any of the main characteristics of the travel services as defined in point of article 4 or special requirements as referred to in point of article 6 , the organiser shall without undue delay inform the traveller in a clear and prominent manner on a durable medium of : ### if , before the start of the package , the organiser is constrained to alter significantly any of the main characteristics of the travel services for reasons beyond his control , as defined in point of article 4 or special requirements as referred to in point of article 6 , the organiser shall without undue delay inform the traveller in a clear and comprehensible manner on a durable medium of :


### member states shall ensure that the traveller may terminate the contract before the start of the package against payment of an appropriate compensation to the organiser . the contract may specify reasonable standardised termination fees based on the time of the termination and the customary cost savings and income from alternative deployment of the travel services . in the absence of standardised termination fees , the amount of the compensation shall correspond to the price of the package minus the expenses saved by the organiser . ### member states shall ensure that the traveller may terminate the contract before the start of the package against payment of an appropriate compensation to the organiser and / or the retailer . the contract may specify reasonable standardised termination fees based on the time of the termination and the customary cost savings and income from alternative deployment of the travel services . in the absence of standardised termination fees , the amount of the compensation shall correspond to the price of the package minus the expenses saved by the organiser and / or the retailer .


### the traveller shall have the right to terminate the contract before the start of the package without compensation in the event of unavoidable and extraordinary circumstances occurring at the place of destination or its immediate vicinity and significantly affecting the package . ### the traveller shall have the right to terminate the contract before the start of the package without compensation in the event of unavoidable and extraordinary circumstances occurring at the place of destination or its immediate vicinity and significantly affecting the package or on account of family or personal circumstances .


### the organiser may terminate the contract without paying compensation to the traveller , if : ### the organiser and / or the retailer may terminate the contract without paying compensation to the traveller , if :


### the organiser is prevented from performing the contract because of unavoidable and extraordinary circumstances and notifies the traveller of the termination without undue delay before the start of the package . ### the organiser and / or the retailer is prevented from performing the contract because of unavoidable and extraordinary circumstances and notifies the traveller of the termination without undue delay before the start of the package .


### in cases of termination under paragraphs 1 , 2 and 3 , the organiser shall reimburse any undue payment made by the traveller within fourteen days . ### in cases of termination under paragraphs 1 , 2 and 3 , the organiser and / or the retailer shall reimburse any undue payment made by the traveller within fourteen days .


### member states shall ensure that the organiser is responsible for the performance of the travel services included in the contract , irrespective of whether those services are to be performed by the organiser or by other service providers . ### member states shall ensure that the organiser and / or the retailer are liable for the performance of the travel services included in the contract , irrespective of whether those services are to be performed by them or by other service providers .


### member states shall ensure that the organiser is responsible for the performance of the travel services included in the contract , irrespective of whether those services are to be performed by the organiser or by other service providers . ### member states shall ensure that the organiser is responsible for the performance of the travel services included in the contract , with organisers , retailers and carriers taking responsibility for those parts respectively of the package that they manage and for the proper fulfilment of their obligations under the contract , irrespective of whether those services are to be performed by the organiser or by other service providers , and without prejudice to the right of organisers and retailers to institute proceedings against said service providers . joint and several liability in regard to the consumer shall be assumed by all operators involved in performing the contract , irrespective of their number and whether they are organisers or retailers and irrespective of their class and the relationships existing between them , without prejudice to the right of recourse of the party held accountable to the consumer and to whom the performance or substandard performance of the contract can be attributed on account of the part of the package managed respectively by said party .


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


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


### the traveller shall be entitled to receive compensation from the organiser for any damage , including non - material damage , which the traveller sustains as a result of any lack of conformity . ### the traveller shall be entitled to receive compensation from the organiser and / or retailer for any damage , including non - material damage , which the traveller sustains as a result of any lack of conformity .


### insofar as international conventions binding the union limit the extent of or the conditions under which compensation is to be paid by a provider carrying out a service which is part of a package , the same limitations shall apply to the organiser . insofar as international conventions not binding the union limit compensation to be paid by a service provider , member states may limit compensation to be paid by the organiser accordingly . in other cases , the contract may limit compensation to be paid by the organiser as long as that limitation does not apply to personal injury and damage caused intentionally or with gross negligence and does not amount to less than three times the total price of the package . ### insofar as international conventions binding the union limit the extent of or the conditions under which compensation is to be paid by a provider carrying out a service which is part of a package , the same limitations shall apply to the organiser and / or retailer . insofar as international conventions not binding the union limit compensation to be paid by a service provider , member states may limit compensation to be paid by the organiser and / or retailer accordingly .


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


### member states shall designate central contact points to facilitate the administrative cooperation and supervision of organisers and retailers facilitating the procurement of assisted travel arrangements operating in different member states . they shall notify the contact details of these contact points to all other member states and the commission . ### member states shall designate central contact points to facilitate the administrative cooperation and supervision of operators facilitating the procurement of assisted travel arrangements operating in different member states . « they shall notify the contact details of these contact points to all other member states and the commission .


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


### member states shall ensure that a retailer who has agreed to arrange the booking of a package or assisted travel arrangements or who facilitates the booking of such services shall be liable for any errors occurring in the booking process , unless such errors are attributable to the traveller or to unavoidable and extraordinary circumstances . ### member states shall ensure that a retailer who has agreed to arrange the booking of a package or assisted travel arrangements or who facilitates the booking of such services shall be liable for any errors occurring in the booking process , unless such errors are attributable to the traveller or to unavoidable and extraordinary circumstances . the retailer shall be liable to the traveller only for any booking error arising through the fault of the retailer .


### member states shall ensure that a retailer who has agreed to arrange the booking of a package or assisted travel arrangements or who facilitates the booking of such services shall be liable for any errors occurring in the booking process , unless such errors are attributable to the traveller or to unavoidable and extraordinary circumstances . ### member states shall ensure that any operator who has agreed to arrange the booking of a package or assisted travel arrangements or who facilitates the booking of such services shall be liable for any errors occurring in the booking process , unless such errors are attributable to the traveller or to unavoidable and extraordinary circumstances .


### member states shall ensure that a retailer who has agreed to arrange the booking of a package or assisted travel arrangements or who facilitates the booking of such services shall be liable for any errors occurring in the booking process , unless such errors are attributable to the traveller or to unavoidable and extraordinary circumstances . ### member states shall ensure that a retailer who has agreed to arrange the booking of a package or assisted travel arrangements or who facilitates the booking of such services shall be liable for any errors occurring in the booking process , unless such errors are attributable to the traveller .