### when an operating air carrier reasonably expects a flight to be delayed , or an operating carrier postpones the scheduled time of departure , beyond its originally scheduled time of departure , passengers shall be offered by the operating air carrier : ### when an operating air carrier reasonably expects a flight to be delayed , or when an operating air carrier postpone the scheduled time of departure , beyond its originally scheduled time , unless the passenger was informed of schedule change at least 72 hours before the originally scheduled time of departure , passengers shall be offered by the operating air carrier :


### when an operating air carrier reasonably expects a flight to be delayed , or an operating carrier postpones the scheduled time of departure , beyond its originally scheduled time of departure , passengers shall be offered by the operating air carrier : ### when an operating air carrier reasonably expects a flight to be delayed , or an operating air carrier postpones the scheduled time of departure beyond its originally scheduled time of departure , passengers shall be offered by the operating air carrier :


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


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


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


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


### when the scheduled time of departure of the alternative flight or other transport offered under article 8 is at least 5 hours after the scheduled time of departure of the flight missed and the delay includes one or several nights , the assistance specified in article 9 and 9 . ### when the scheduled time of departure of the alternative flight or other transport offered under article 8 is at least 3 hours after the scheduled time of departure of the flight missed and the delay includes night - time hours , the assistance specified in points and of article 9 .


### the compensation referred to in paragraph 1 shall be paid in cash , by electronic bank transfer , bank orders or bank cheques . ### in agreement with the passenger , the compensation referred to in paragraph 1 shall be paid in cash , by electronic bank transfer or bank order .


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


### where passengers choose the option referred to in paragraph 1 , they shall , subject to availability , have the right to re - routing via another air carrier or another mode of transport where the operating air carrier cannot transport the passenger on its own services and in time to arrive at the final destination within 12 hours of the scheduled arrival time . notwithstanding article 22 of regulation no 1008 / 2008 , the other air carrier or other transport operator shall not charge the contracting carrier a price that goes beyond the average price paid by its own passengers for equivalent services in the last three months . ### where passengers choose the option referred to in point of paragraph 1 , they shall , subject to availability and provided that reasonable and comparable alternatives exist , have the right to re - routing , at the earliest opportunity , via another air carrier or another mode of transport where the operating air carrier cannot transport the passenger on its own services and in time to arrive at the final destination within 12 hours of the scheduled arrival time . the passenger shall have the right to refuse the re - routing via another mode of transport , and in that case shall maintain his rights to care as specified in article 9 while waiting for the re - routing .


### if the operating air carrier can prove that the cancellation , delay or change of schedule is caused by extraordinary circumstances and that the cancellation , delay or change of schedule could not have been avoided even if all reasonable measures had been taken , it may limit the total cost of accommodation provided according to paragraph 1 to eur 100 per night and per passenger and to a maximum of 3 nights . if the operating air carrier chooses to apply this limitation , it shall nevertheless provide the passengers with information about available accommodation after the three nights , in addition to the continued obligations for information specified in article 14 . ### the operating air carrier may limit the total cost of accommodation provided according to paragraph 1 to eur 80 per night and per passenger and to a maximum of 3 nights . if the operating air carrier chooses to apply this limitation , it shall nevertheless provide the passengers with information about available accommodation after the three nights , in addition to the continued obligations for information specified in article 14 . if the operating air carrier can prove that the cancellation , delay or change of schedule is caused by extraordinary circumstances and that the cancellation , delay or change of schedule could not have been avoided even if all reasonable measures had been taken , paragraph 1 and shall not apply .


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


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


### in cases where an operating air carrier pays compensation or meets the other obligations incumbent on it under this regulation , no provision of this regulation or of national law may be interpreted as restricting its right to seek compensation for the costs incurred under this regulation from any third parties which contributed to the event triggering compensation or other obligations . ' ### in cases where an operating air carrier pays compensation or meets the other obligations incumbent on it under this regulation , and without prejudice to contracts with third parties for disclaimer in force at the time of the dispute , no provision of this regulation or of national law may be interpreted as restricting its right to seek compensation for the costs incurred under this regulation from any third parties which contributed to the event triggering compensation or other obligations .


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


### an operating air carrier denying boarding or cancelling a flight shall provide each passenger affected with a written notice setting out the rules for compensation and assistance in line with this regulation , including information on possible limitations pursuant to articles 9 and 9 . it shall also provide each passenger affected by a delay or a change of schedule of at least two hours with an equivalent notice . the contact details of the competent complaint handling bodies designated under article 16a shall also be given to the passenger in written form . ### in the event of denied boarding , flight cancellation , delay or change of schedule of at least two hours , the operating air carrier shall as soon as possible fully inform the passenger affected and provide him with a written notice setting out the rules for compensation and assistance in line with this regulation , including information on possible limitations pursuant to articles 9 and 9 , and of possible alternative transport modes . the contact details of the competent complaint handling bodies designated under article 16a shall also be given to the passenger in written form .


### an operating air carrier denying boarding or cancelling a flight shall provide each passenger affected with a written notice setting out the rules for compensation and assistance in line with this regulation , including information on possible limitations pursuant to articles 9 and 9 . it shall also provide each passenger affected by a delay or a change of schedule of at least two hours with an equivalent notice . the contact details of the competent complaint handling bodies designated under article 16a shall also be given to the passenger in written form . ### an operating air carrier denying boarding or cancelling a flight shall provide each passenger affected with a written notice setting out the rules for compensation and assistance in line with this regulation , including information on possible limitations pursuant to articles 9 and 9 . it shall also provide each passenger affected by a delay or a change of schedule of at least two hours with an equivalent notice . the address of the carrier to which complaints may be submitted and the contact details of the competent complaint handling bodies designated under article 16a shall also be given to the passenger in written form .


### in respect of blind and visually impaired persons , the provisions of this article shall be applied using appropriate alternative means . ### in respect of disabled persons or persons with reduced mobility , in particular blind and visually impaired persons , the provisions of this article shall be applied using appropriate alternative means .


### the airport managing body shall ensure that general information on passenger rights is clearly and visibly displayed within the passenger areas of the airport . it shall also ensure that passengers present at the airport are informed about the cancellation of their flight and about their rights in case the airline unexpectedly ceases operations as in the case of insolvency or revocation of its operating licence . ### the airport managing body shall ensure that general information on passenger rights is clearly and visibly displayed within the passenger areas of the airport . on the basis of information received in an appropriately timely manner from air carriers , it shall also ensure that passengers present at the airport are informed about the causes of delays and flight disruption and their rights in this regard . for example , the cancellation of their flight and about their rights in case the airline unexpectedly ceases operations in the event of its insolvency or revocation of its operating licence .


### the airport managing body shall ensure that general information on passenger rights is clearly and visibly displayed within the passenger areas of the airport . it shall also ensure that passengers present at the airport are informed about the cancellation of their flight and about their rights in case the airline unexpectedly ceases operations as in the case of insolvency or revocation of its operating licence . ### the airport managing body shall ensure that general information on passenger rights is clearly and visibly displayed within the passenger areas of the airport . on the basis of the information received , it shall also ensure that passengers present at the airport are informed about the causes and their rights in cases of delays and flight disruptions , such as the cancellation of their flight , and about their rights in the event that the airline unexpectedly ceases operations , for example in the event of its insolvency or revocation of its operating licence .


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


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


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


### an intermediary shall be exempted from paragraph 6 if it can prove the existence of an alternative system that ensures that the passenger is informed without the transmission of the relevant contact details . ### an intermediary shall be exempted from its obligations under paragraph 6 if it can prove the existence of an alternative system that ensures that the passenger is informed without the transmission of the relevant contact details or where the passenger has opted not to provide his contact details .


### each member state shall designate a national enforcement body responsible for the enforcement of this regulation as regards flights from airports situated on its territory and flights from a third country to such airports . the member states shall inform the commission of the body that has been designated in accordance with this paragraph . ### each member state shall designate a national enforcement body responsible for the enforcement of this regulation as regards infringements of this regulation at airports situated on its territory , flights from airports situated on its territory and flights from a third country to such airports . the member states shall inform the commission of the body that has been designated in accordance with this paragraph .


### the sanctions laid down by member states for infringements of this regulation shall be effective , proportionate and dissuasive . ### the sanctions laid down by member states for infringements of this regulation shall be credible , effective , proportionate and dissuasive .


### where the bodies designated under articles 16 and 16a differ , reporting mechanisms shall be set up to ensure the exchange of information between the various bodies in order to help the national enforcement body to carry out its tasks of supervision and enforcement and for the body designated under article 16a to collect the information necessary to examine individual complaints . ### in accordance with directive 2013 / 11 / eu , cooperation mechanisms shall be set up between the national enforcement body and the body designated under article 16a which shall include mutual information exchanges in order to help the national enforcement body to carry out its tasks of supervision and enforcement and for the body designated under article 16a to collect the information and technical expertise necessary for the handling of individual complaints . in addition , a union - wide mechanism shall be set up between all bodies designated by under this article and article 16a to ensure the exchange of information about infringements , sanctions and best practices of enforcement between all member states .


### if a passenger wants to make a complaint to the air carrier with regard to his rights under this regulation , he shall submit it within 3 months from the date on which the flight was performed or was scheduled to be performed . within 7 days of receiving the complaint , the carrier shall confirm the receipt of the complaint to the passenger . within two months of receiving the complaint , the carrier shall provide a full answer to the passenger . ### if a passenger wants to lodge a claim with , or make a complaint to , the air carrier in connection with the rights laid down in this regulation , he shall do so in writing or in electronic form within 6 months from the date on which the flight was scheduled to begin . where one of the cases referred to in articles 4 , 5 and 6 has occurred , the carrier shall , without undue delay , inform passengers of the address for complaints and of the fact that complaints must be submitted in writing within six months . within 7 days of receiving the claim or the complaint , the carrier shall confirm its receipt to the passenger . within two months of receiving the complaint , the carrier shall be required to provide a full answer to the passenger .


### if a passenger wants to make a complaint to the air carrier with regard to his rights under this regulation , he shall submit it within 3 months from the date on which the flight was performed or was scheduled to be performed . within 7 days of receiving the complaint , the carrier shall confirm the receipt of the complaint to the passenger . within two months of receiving the complaint , the carrier shall provide a full answer to the passenger . ### if a passenger wants to make a complaint to the air carrier with regard to his rights under this regulation , he shall submit it within three months from the date on which the flight took place or was scheduled to take place , without prejudice to his right of access to the judicial system and to out - of court resolution after the expiry of that three - month period . within seven days of receiving the complaint , the air carrier shall confirm receipt thereof to the passenger . within two months of receiving the complaint , the air carrier shall provide a full answer to the passenger . where the air carrier does not provide that full answer within that two - month period , it shall be deemed to accept the passenger’s claims .


### each passenger may complain to any national body designated under paragraph 3 , about an alleged infringement of this regulation at any airport situated on the territory of a member state or concerning any flight from a third country to an airport situated on that territory . such complaints may be submitted at the earliest two months after a complaint was submitted to the concerned carrier unless the carrier has already provided a final reply to such complaint . ### on receipt of the full answer from the air carrier , the passenger concerned may complain to any national out - of - court dispute resolution body designated under paragraph 3 about an alleged infringement of this regulation at any airport situated on the territory of a member state or concerning any flight from any airport situated on the territory of a member state or of a third country to such airports . such complaints may be submitted within a pre - specified time - limit , which shall be set at not less than one year from the date on which the passenger submitted the complaint or claim to the carrier concerned .


### each passenger may complain to any national body designated under paragraph 3 , about an alleged infringement of this regulation at any airport situated on the territory of a member state or concerning any flight from a third country to an airport situated on that territory . such complaints may be submitted at the earliest two months after a complaint was submitted to the concerned carrier unless the carrier has already provided a final reply to such complaint . ### on receipt of the full answer from the air carrier , the passenger concerned may complain to any national body designated under paragraph 3 about an alleged infringement of this regulation at any airport situated on the territory of a member state or concerning any flight from any airport situated on the territory of a member state or from a third country to such airports . such complaints may be submitted within a pre - specified time - limit , which shall be set at not less than one year from the date on which the passenger submitted the complaint or claim to the carrier concerned .


### the commission shall support dialogue between member states concerning national interpretation and application of this regulation through the committee referred to in article 16c . ### the commission shall support dialogue and promote cooperation between member states concerning national interpretation and application of this regulation through the committee referred to in article 16c .


### member states shall provide annually a report on their activities to the commission , at the latest at the end of april of the following calendar year . the commission may decide on the issues to be addressed in these reports via implementing acts . those implementing acts shall be adopted in accordance with the procedure referred to in article 16c . ### member states shall provide annually a report on their activities to the commission , at the latest at the end of april of the following calendar year .


### the commission shall report to the european parliament and the council by 1 january 2017 on the operation and the results of this regulation , in particular with regard to the impact of the compensation for long delays and the limitation of accommodation in extraordinary circumstances of long duration . the commission shall also report on the enhanced protection of air passengers on flights from third countries operated by non - community carriers , in the context of international air transport agreements . ### the commission shall report to the european parliament and the council by 1 january 2017 on the operation and the results of this regulation , in particular with regard to the impact of the compensation for long delays and the limitation of accommodation in extraordinary circumstances of long duration , issues concerning the interpretation of extraordinary circumstances , the statistics published by the national enforcement bodies on their activities , including on sanctions and their findings regarding suspected practices by air carriers , the progress made in establishing national bodies responsible for the out - of - court resolution of disputes and the activities of the latter . the commission shall also report on the enhanced protection of air passengers on flights from third countries operated by non - union carriers in the context of international air transport agreements .


### whenever carrying checked wheelchairs or other mobility equipment or assistive devices , the air carrier and its agents shall offer each person with reduced mobility as defined in article 2 of regulation no 1107 / 200625 the option to make , free of charge , a special declaration of interest pursuant to article 22 of the montreal convention , at booking and at the latest when the equipment is handed to the carrier . __________________ 25 regulation no 1107 / 2006 of the european parliament and of the council of 5 july 2006 concerning the rights of disabled persons and persons with reduced mobility when travelling by air , oj l 204 , 26 . 7 . 2006 , p . 1 ### whenever carrying checked wheelchairs or other mobility equipment or assistive devices , the air carrier and its agents shall offer each person with a disability or reduced mobility as defined in article 2 of regulation no 1107 / 2006 the option to make , free of charge , a special declaration of interest pursuant to article 22 of the montreal convention , at booking and at the latest when the equipment is handed to the carrier . a model form for such a declaration of interest shall be set up by the commission via an implementing act adopted in accordance with the procedure referred to in article 16c . __________________ 25 regulation no 1107 / 2006 of the european parliament and of the council of 5 july 2006 concerning the rights of disabled persons and persons with reduced mobility when travelling by air , oj l 204 , 26 . 7 . 2006 , p . 1


### the delegation of power referred to in article 6 shall be conferred on the commission for an indeterminate period of time from the date of entry into force of this regulation . ### the power to adopt delegated acts referred to in article 6 shall be conferred on the commission for a period of five years from [ the date of entry into force of this regulation ] . the commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five - year period . the delegation of power shall be tacitly extended for periods of an identical duration , unless the european parliament or the council opposes such extension not later than three months before the end of each period .


### where extraordinary circumstances , such as safety reasons or a change of the aircraft type since the booking was made , preclude the carriage in the cabin of items included in the carry - on baggage allowance , the air carrier may carry them in the hold of the aircraft , but at no extra cost to the passenger . ### where extraordinary circumstances , such as safety reasons or a change of the aircraft type since the booking was made , preclude the carriage in the cabin of items included in the carry - on baggage allowance and other items normally admitted in the cabin , the air carrier may carry them in the hold of the aircraft , but at no extra cost to the passenger . hand luggage or other items admitted to the cabin on registration at the air carrier ' s desk in the airport may not for any reason be refused on embarkation unless transferred to the hold at no extra cost to the passenger .


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


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


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


### security risks , acts of sabotage or terrorism rendering impossible the safe operation of the flight ; ### acts of sabotage or terrorism rendering the safe operation of the flight impossible ;


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


### the common european sales law should not cover any related contracts by which the buyer acquires goods or is supplied with a service , from a third party . this would not be appropriate because the third party is not part of the agreement between the contracting parties to use the rules of the common european sales law . a related contract with a third party should be governed by the respective national law which is applicable according pursuant to regulations no 593 / 2008 and no 864 / 2007 or any other relevant conflict of law rule . ### the common european sales law should not cover any related contracts by which the buyer acquires goods or is supplied with a service , from a third party . this would not be appropriate because the third party is not part of the agreement between the contracting parties to use the rules of the common european sales law . a related contract with a third party should be governed by the respective national law which is applicable according pursuant to regulations no 593 / 2008 and no 864 / 2007 or any other relevant conflict of law rule . where a consumer exercises the right of withdrawal from a contract to which the common european sales law applies , ancillary contracts under article 46 , first sentence , should also be terminated , regardless of whether or not the common european sales law applies to them .


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


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


### “goods” means any tangible movable items ; it excludes : ### ' goods ' means any tangible movable items , with the exception of items sold by way of execution or otherwise by authority of law ; water , gas and electricity shall be considered as goods where they are put up for sale in a limited volume or a set quantity ;


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


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


### “durable medium” means any medium which enables a party to store information addressed personally to that party in a way accessible for future reference for a period of time adequate for the purposes of the information and which allows the unchanged reproduction of the information stored ; ### ' durable medium ' means any instrument which enables the consumer or the trader to store information addressed to him in a way accessible for future reference for a period of time adequate for the purposes of the information and which allows the unchanged reproduction of the information stored ;


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


### a service provider may entrust performance to another person , unless personal performance by the service provider is required . ### does not affect the english version .


### the goods or digital content must : ### save to the extent that the parties have agreed otherwise in the contract , the goods or digital content must also :


### possess the qualities and performance capabilities indicated in any pre - contractual statement which forms part of the contract terms by virtue of article 69 ; and ### possess the qualities and performance capabilities indicated in any pre - contractual statement which forms part of the contract terms by virtue of article 69 ;


### the derogations provided for in this directive take into account the results of bilateral and multilateral contacts with third countries , which the commission will continue to pursue on behalf of the union . ### the rules provided for in this directive take into account the results of bilateral and multilateral contacts with third countries , which the commission will continue to pursue on behalf of the union .


### the derogations provided for in this directive take into account the results of bilateral and multilateral contacts with third countries , which the commission will continue to pursue on behalf of the union . ### the derogations provided for in this directive take into account the results of bilateral and multilateral contacts with third countries , which the commission will continue to pursue on behalf of the union . if these negotiations lead third counties to accept alignment with the european emissions trading system or to adopt equivalent measures , the derogations provided for in this directive should be adjusted accordingly .


### without prejudice to the global market - based measure applying from 2020 , emissions from flights to and from countries which are developing countries and whose share of total revenue ton kilometres of international civil aviation activities is less than 1% should be exempted for the period 2014 to 2020 . countries considered to be developing for the purposes of this proposal are those which benefit at the time of adoption of this proposal from preferential access to the union market in accordance with regulation no 978 / 2012 of the european parliament and of the council , that is those which are not classified in 2013 by the world bank as high - income or upper - middle income countries . ] ### without prejudice to the global market - based measure applying from 2020 , emissions from flights to and from countries which are developing countries and whose share of total revenue ton kilometres of international civil aviation activities is less than 1% should be exempted for the period 2014 to 2020 . countries considered to be developing for the purposes of this proposal are those which benefit at the time of adoption of this proposal from preferential access to the union market in accordance with annex iv of regulation no 978 / 2012 of the european parliament and of the council , that is those which are not classified in 2013 by the world bank as high - income or upper - middle income countries .


### by way of derogation from article 12 and article 14 , member states shall consider the requirements set out in those paragraphs satisfied in respect of : ### implementation of the following articles shall be suspended for aviation for the period 2013 - 2016 :


### emissions from flights operated by a non - commercial aircraft operator in each calendar year up to 2020 where the emissions for which that aircraft operator are responsible in the calendar year are less than 1000 tonnes ; ### annex iv , part b ;


### the surrender of allowances corresponding to verified 2013 emissions from flights between countries in the eea taking place by 30 april 2015 instead of 30 april 2014 , and verified 2013 emissions for those flights being reported by 31 march 2015 instead of 31 march 2014 . ### annex v , part b


### general provisions taking into account the specificities in trade between the union and certain third countries and the special character of some agricultural products , the commission shall be empowered to adopt delegated acts in accordance with article 160 to define the conditions under which imported products are considered to have an equivalent level of compliance with the union marketing standards and conditions allowing derogation from article 58 and determine the rules concerning the application of the marketing standards to products exported from the union . ### general provisions taking into account the specificities in trade between the union and certain third countries and the special character of some agricultural products , the commission shall be empowered to adopt delegated acts in accordance with article 160 to define the conditions under which imported products are considered to have an equivalent level of compliance with the union marketing standards and conditions allowing derogation from article 58 and determine the rules concerning the application of the marketing standards to products exported from the union . in accordance with the eu ' s development objectives and international commitments , specific attention shall be paid to eliminating unnecessary obstacles to exports from developing countries , and to communicating changes of particular interest to these countries in due time .


### general provisions without prejudice to cases where import or export licences are required in accordance with this regulation , the import for release into free circulation or the export of one or more agricultural products into or from the union may be made subject to the presentation of a licence , taking into account the need for licences for the management of the markets concerned and , in particular , for monitoring trade in the products concerned . ### general provisions without prejudice to cases where import or export licences are required in accordance with this regulation , the import for release into free circulation or the export of one or more agricultural products into or from the union may be made subject to the presentation of a licence , taking into account the need for licences for the management of the markets concerned , for monitoring trade in the products concerned , and , where necessary , for monitoring trade with developing countries and for ensuring coherence with eu development objectives .


### according to directive 1999 / 32 / ec the commission is to report to the european parliament and the council on the implementation of the directive and to table any proposals for amendments , in particular as regards the reduction of sulphur limits for marine fuel in sox emission control areas , taking account of work within the international maritime organisation . ### according to directive 1999 / 32 / ec the commission is to report to the european parliament and the council on the implementation of the directive and to table any proposals for amendments , in particular as regards the reduction of sulphur limits for marine fuel in sox emission control areas , in line with work within the international maritime organisation .


### passenger ships operate mostly in ports or close to coastal areas and their impacts on human health and the environment are significant . those ships are required to use marine fuel with the same maximum sulphur content as is applicable in secas . given that stricter sulphur standards will apply in secas , it is justified by the need to improve air quality around ports and coasts in the non - seca territories that the same standards apply to passenger ships . however , the introduction of a new seca standard for passenger ships would be delayed by 5 years in order to avoid potential problems with fuel availability . ### passenger ships operate mostly in ports or close to coastal areas and their impacts on human health and the environment are significant . those ships are currently required to use marine fuel with the same maximum sulphur content as is applicable in secas . given that the marpol convention establishes less strict sulphur standards in areas other than secas and there is a need to improve air quality around ports and coasts in the non - seca territories , it is justified to apply new standards to passenger ships from 1 january 2020 .


### passenger ships operate mostly in ports or close to coastal areas and their impacts on human health and the environment are significant . those ships are required to use marine fuel with the same maximum sulphur content as is applicable in secas . given that stricter sulphur standards will apply in secas , it is justified by the need to improve air quality around ports and coasts in the non - seca territories that the same standards apply to passenger ships . however , the introduction of a new seca standard for passenger ships would be delayed by 5 years in order to avoid potential problems with fuel availability . ### passenger ships operate mostly in ports or close to coastal areas and their impacts on human health and the environment are significant . passenger ships on regular services are required to use marine fuel with a maximum sulphur content of 1 . 5% .


### the communication from the commission to the european parliament , the council , the european economic and social committee and the committee of the regions - european broadband : investing in digitally driven growth9 concludes that the critical role of the internet means that the benefits for society as a whole appear to be much greater than the private incentives to invest in faster networks . public support for this area is therefore necessary , but should not unduly distort competition . ### the communication from the commission to the european parliament , the council , the european economic and social committee and the committee of the regions - european broadband : investing in digitally driven growth9 concludes that the critical role of the internet means that the benefits for society as a whole appear to be much greater than the private incentives to invest in faster networks . public support for this area is therefore necessary , but should not unduly distort competition . in its resolution of 6 july 2011 on european broadband : investing in digitally driven growth , the european parliament emphasises that broadband services are key to the competitiveness of eu industry and greatly contribute to eu economic growth , social cohesion and the creation of quality employment , as well as to the participation of all regional and social groups in digital life in the eu ; recommends promoting a competitive market for investment in , and utilisation of , fixed and wireless broadband infrastructure ; notes that a competitive market is a catalyst for additional investment and innovation by communications , applications and content providers , as well as a vital platform for the digital economy . _____________ 1 p7_ta - 0322


### substantial economic and social benefits , which cannot be captured nor monetised by investors , are associated with higher broadband speeds . fast and ultra - fast broadband is the key enabling infrastructure for the development and deployment of digital services , which rely on the availability , speed , reliability and resilience of the physical networks . the deployment and take - up of faster networks opens the way for innovative services exploiting higher speeds . action at union level is necessary to maximise the synergies and interactions between those two components of digital telecommunications networks . ### substantial economic and social benefits , which cannot be captured nor monetised by investors , are associated with higher broadband speeds . fast and ultra - fast broadband is the key enabling infrastructure for the development and deployment of digital services , which rely on the availability , speed , reliability and resilience of the physical networks . the deployment and take - up of faster networks opens the way for innovative services exploiting higher speeds . action at union level is necessary to maximise the synergies and interactions between those two components of digital telecommunications networks . universal access to broadband networks is essential for the growth of modern economies and for individual wellbeing and digital inclusion . extension of broadband networks in rural and economically and socially less - favoured areas will facilitate better communications , particularly for persons with reduced mobility or living in isolated conditions , as well as improving access to services and encouraging the development of smes in rural areas , thereby helping to create new jobs and develop new services in these localities ;


### the development of broadband networks and digital service infrastructures will contribute to the union ' s objective to reduce greenhouse gas emission by enabling energy - efficient solutions in many sectors of europe ' s economy . this positive effect will be limited , but only to some extent , by the growing energy and resource demand related mainly to the construction of broadband networks and the operation of digital service infrastructures . ### the use of information technology and communications facilitates a structural adjustment towards goods and services which consume less resources , energy savings in buildings and electricity networks and the development of more efficient and lower - energy intelligent transport systems . the development of broadband networks and digital service infrastructures will contribute to the union ' s objective to reduce greenhouse gas emission by enabling energy - efficient solutions in many sectors of europe ' s economy . this positive effect will be limited , but only to some extent , by the growing energy and resource demand related mainly to the construction of broadband networks and the operation of digital service infrastructures .


### the deployment of broadband networks to link island , landlocked and peripheral regions with the central regions of the union ensuring in those regions that speeds of data transmission are sufficient to permit broadband connectivity of 30 mbps and above ; ### the deployment of broadband networks to link island , landlocked and peripheral regions , rural areas and economically and socially less - favoured regions with the central regions of the union ensuring in those regions that speeds of data transmission are sufficient to permit broadband connectivity of 30 mbps and above ;


### a project of common interest may encompass its entire cycle , including feasibility studies , implementation , continuous operation , coordination and evaluation . ### a project of common interest may encompass its entire cycle , including feasibility studies , implementation , continuous operation , coordination and evaluation . projects of common interest should respect the principle of technology neutrality , which forms the basis of the eu electronic communications structure .


### demonstrates european added value . ### demonstrates european added value following a feasibility study and cost - benefit analysis .


### the commission shall be assisted by an expert group , composed of a representative of each member state , for monitoring of the implementation of these guidelines , assisting in the planning through the national strategies for high speed internet and mapping of infrastructures , and exchanging information . the expert group may also consider any other issue relating to the development of the trans - european telecommunication networks . ### the commission shall be assisted by an expert group , composed of a representative of each member state , for monitoring of the implementation of these guidelines , assisting in the planning through the national strategies for high speed internet and mapping of infrastructures , and exchanging information . the commission , together with the expert group , shall evaluate whether the scope of projects of common interest continues to reflect political priorities , technological development or the situation on the relevant markets , as well as new opportunities to exploit synergies between the different types of infrastructure . the expert group may also consider any other issue relating to the development of the trans - european telecommunication networks . .


### in these reports the commission shall also evaluate whether the scope of the projects of common interest continues to reflect political priorities , technological developments or the situation in the relevant markets . for major projects , these reports shall include an analysis of the environmental impact , taking into account climate change adaptation and mitigation needs , and disaster resilience . such a review may also be carried out at any other time when it is deemed appropriate . ### for major projects , the commission shall make an analysis of the environmental impact , taking into account climate change adaptation and mitigation needs , and disaster resilience . such a review may also be carried out at any other time when it is deemed appropriate .


### in these reports the commission shall also evaluate whether the scope of the projects of common interest continues to reflect political priorities , technological developments or the situation in the relevant markets . for major projects , these reports shall include an analysis of the environmental impact , taking into account climate change adaptation and mitigation needs , and disaster resilience . such a review may also be carried out at any other time when it is deemed appropriate . ### in these reports the commission shall also evaluate whether the scope of the projects of common interest continues to reflect political priorities , technological developments or the situation in the relevant markets . for major projects , these reports shall include an analysis of the environmental impact , taking into account , where appropriate , climate change adaptation and mitigation needs , and disaster resilience . such a review may also be carried out at any other time when it is deemed appropriate .


### the delegation of power referred to in the articles 5 shall be conferred on the commission for an indeterminate period of time from the date of the entry into force of this regulation . ### the delegation of power referred to in the articles 5 shall be conferred on the commission for a period of five years from the date of the entry into force of this regulation . the commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five - year period .


### it shall apply from 1 january 2014 . ### it shall apply from … * . ___________ * oj please insert date : two years from the entry into force of this regulation .


### investment in broadband infrastructure has been undertaken predominantly by private investors and it is expected that this will remain the case . however , the achievement of the digital agenda targets will require investment in areas for which there is not a clear business case or where a business case may need to be enhanced within the time frame of the targets . the following types of areas can be characterized on the basis of the likely investment : ### investment in broadband infrastructure has been undertaken predominantly by private investors and it is expected that this will remain the case . in many regions , however , investment in broadband infrastructure is insufficient because of the lack of competition and the high market risk , while public services are rudimentary and are not interoperable because of the fragmentary nature of the technical solutions . the achievement of the digital agenda targets will require investment in areas for which there is not a clear business case or where a business case may need to be enhanced within the time frame of the targets . the following types of areas can be characterized on the basis of the likely investment :


### interoperable electronic identification and authentication across europe . a set of connected and secured authentication servers and protocols that ensure interoperability of the variety of authentication and identification and authorization systems that exist in europe will be deployed . this platform will enable citizens and businesses to access online services when needed for example to study , work , travel , get health care or do business abroad . it will constitute the core layer for all those digital services for which electronic identification and authentication are needed : e . g . electronic procurement , online health services , standardised business reporting , electronic exchange of judicial information , trans - european online company registration , e - government services for businesses , including communication between business registers relating to cross - border mergers and foreign branches . this platform may also use resources and tools of the multilingual core platform . ### interoperable electronic identification and authentication across europe . a set of connected and secured authentication servers and protocols that ensure interoperability of the variety of authentication and identification and authorization systems that exist in europe will be deployed , with the ultimate aim of establishing a single european identification code for natural and legal persons for public administration purposes . this platform will enable citizens and businesses to access online services when needed for example to study , work , travel , get health care or do business abroad . it will constitute the core layer for all those digital services for which electronic identification and authentication are needed : e . g . electronic procurement , online health services , standardised business reporting , electronic exchange of judicial information , trans - european online company registration , e - government services for businesses , including communication between business registers relating to cross - border mergers and foreign branches . this platform may also use resources and tools of the multilingual core platform .


### interoperable cross border ehealth services : these services will enable the interaction between citizens / patients and health care providers , institution - to - institution and organization - to - organization transmission of data , or peer - to - peer communication between citizens / patients and / or health professionals and institutions . the infrastructure to be deployed will comply with the principles of data protection as set out , in particular , in directives 95 / 46 / ec and 2002 / 58 / ec , as well as with international and national ethical rules related to the use of patient health records and other personal data . ### interoperable cross border ehealth services : these services will enable the interaction between citizens / patients and health care providers , institution - to - institution and organization - to - organization transmission of data , or peer - to - peer communication between citizens / patients and / or health professionals and institutions . the infrastructure to be deployed will : provide for adoption of a harmonised standard for the presentation of data and documents produced within the information systems of health and hospital facilities ; establish a common minimum set of electronic data and documents as the basic record for patients covered by interoperable cross - border ehealth services ; comply with the principles of data protection as set out , in particular , in directives 95 / 46 / ec and 2002 / 58 / ec , as well as with international and national ethical rules related to the use of patient health records and other personal data .


### the services will comprise cross border access to electronic health records and electronic prescription services as well as remote health / assisted living tele - services , cross border multi lingual semantic services linked to the multilingual core platform , access to social security information building on the eessi infrastructure , etc . ### the services will comprise cross border access to electronic health records and electronic prescription services as well as remote health / assisted living tele - services , cross border multi lingual semantic services with common codification systems linked to the multilingual core platform , access to social security information building on the eessi infrastructure , etc .


### the mandatory equipping of vehicles with the ecall in - vehicle system should initially apply only to new passenger cars and light commercial vehicles for which an appropriate triggering mechanism already exists . ### the mandatory equipping of vehicles with the ecall in - vehicle system should apply only to new passenger cars and light commercial vehicles for which an appropriate triggering mechanism already exists .


### the mandatory equipping of vehicles with the ecall in - vehicle system should be without prejudice to the right of all stakeholders such as car manufacturers and independent operators to offer additional emergency and / or added value services , in parallel with or building on the 112 - based ecall in - vehicle system . however , these additional services should be designed not to increase driver distraction . ### the mandatory equipping of vehicles with the ecall in - vehicle system should be without prejudice to the right of all stakeholders to offer additional emergency services , in parallel with or building on the 112 - based ecall in - vehicle system . however , these additional services should be designed not to increase driver distraction .


### the mandatory equipping of vehicles with the ecall in - vehicle system should be without prejudice to the right of all stakeholders such as car manufacturers and independent operators to offer additional emergency and / or added value services , in parallel with or building on the 112 - based ecall in - vehicle system . however , these additional services should be designed not to increase driver distraction . ### the mandatory equipping of vehicles with the ecall in - vehicle system should be without prejudice to the right of all stakeholders such as car manufacturers and independent operators to offer additional emergency and / or added value services provided by private suppliers , in parallel with or building on the 112 - based ecall in - vehicle system . however , these additional services should be certified by a competent authority recognised by the authorities responsible for road safety so as not to increase driver distraction and should be offered to consumers on an optional basis .


### the mandatory equipping of vehicles with the ecall in - vehicle system should be without prejudice to the right of all stakeholders such as car manufacturers and independent operators to offer additional emergency and / or added value services , in parallel with or building on the 112 - based ecall in - vehicle system . however , these additional services should be designed not to increase driver distraction . ### the mandatory equipping of vehicles with the ecall in - vehicle system should be without prejudice to the right of all stakeholders such as car manufacturers and independent operators to offer additional third - party emergency services , in parallel with or building on the 112 - based ecall in - vehicle system . however , these additional emergency services should be designed not to increase driver distraction and must be subject to consumers ' choice .


### in order to ensure open choice for customers and fair competition , as well as encourage innovation and boost the competitiveness of the union’s information technology industry on the global market , the ecall in - vehicle system should be accessible free of charge and without discrimination to all independent operators and based on an interoperable and open - access platform for possible future in - vehicle applications or services . ### in order to ensure open choice for customers and fair competition , as well as encourage innovation and boost the competitiveness of the union ' s information technology industry on the global market , the ecall in - vehicle system should be accessible to all independent operators for repair and maintenance purposes in accordance with existing legislation .


### in order to ensure open choice for customers and fair competition , as well as encourage innovation and boost the competitiveness of the union ' s information technology industry on the global market , the ecall in - vehicle system should be accessible free of charge and without discrimination to all independent operators and based on an interoperable and open - access platform for possible future in - vehicle applications or services . ### in order to ensure open choice for customers , and fair competition , as well as encourage innovation and boost the competitiveness of the union ' s information technology industry on the global market , all elements of the ecall in - vehicle system should be accessible free of charge and without discrimination to all independent operators and based on an interoperable , standardised and open - access platform for possible future in - vehicle applications or services . to adapt the way of accessing vehicle repair and maintenance information to technical progress there is an urgent need to work towards an agreement on the technical in - vehicle system requirements and to update the existing european legislation accordingly .


### ' e - call in - vehicle system ' means a system activated either automatically via in - vehicle sensors or manually , which carries , by means of mobile wireless communications networks , a standardised minimum set of data and establishes a 112 - based audio channel between the occupants of the vehicle and a public safety answering point ; ### ' ecall in - vehicle system ' means an emergency system , composed of the in - vehicle equipment and the means to trigger manage and effect the ecall transmission , that is activated either automatically via in - vehicle sensors or manually , and which emits signals by means of mobile wireless communications networks in order to enable the transmission of a standardised minimum set of data , and to establish a 112 - based or a third party services supported ecall based audio channel between the occupants of the vehicle and a public safety answering point ;


### manufacturers shall ensure that the receivers in the in - vehicle systems are compatible with the positioning services provided by satellite navigation systems including the galileo and the egnos systems . ### manufacturers shall ensure that the receivers in the in - vehicle systems are compatible with the positioning services provided by satellite navigation systems including the galileo and the egnos systems , 12 months after their initial operational capability .


### the commission shall be empowered to adopt delegated acts in accordance with article 9 establishing the detailed technical requirements and tests for the type - approval of ecall in - vehicle systems and amending directive 2007 / 46 / ec accordingly . the technical requirements and tests referred to in the first subparagraph shall be based on the requirements set out in paragraphs 3 , 4 and 6 and on the following standards , where applicable : en 16072 ' intelligent transport system - esafety - paneuropean ecall - operating requirements ' ; en 16062 ' intelligent transport systems - esafety - ecall high level application requirements ' ; en 16454 ' intelligent transport systems - esafety - ecall end to end conformance testing ' , as regards the ecall in - vehicle system conformance to the pan - european ecall ; any additional european standards or unece regulations relating to ecall systems . ### the commission shall be empowered to adopt delegated acts in accordance with article 9 establishing the detailed technical requirements and tests for the type - approval of ecall in - vehicle systems and amending directive 2007 / 46 / ec accordingly . the technical requirements and tests referred to in the first subparagraph shall be adopted after consultation of relevant stakeholders and based on the requirements set out in paragraphs 3 , 4 and 6 and on the following standards , where applicable : cen en 16072 : 2011 ' intelligent transport system - esafety - paneuropean ecall - operating requirements ' ; cen en 16062 : 2011 ' intelligent transport systems - esafety - ecall high level application requirements ' ; cen en 16454 : version ' intelligent transport systems - esafety - ecall end to end conformance testing ' , as regards the ecall in - vehicle system conformance to the pan - european ecall ; a new cen en 15722 : 2011 ' intelligent transport systems - esafety - ecall minimum set of data ' b new cen en 16102 : 2011 ' intelligent transportation systems &#8211 ; ecall operating requirements for third party support '


### the minimum set of data sent by the ecall in - vehicle system shall include only the minimum information required for the appropriate handling of emergency calls . ### the minimum set of data sent by the ecall in - vehicle system shall include only the information defined by the standard ' road transport and traffic telematics — esafety — ecall minimum set of data ' which is sent to the ecall psap .


### the modalities for exercising data subjects ' rights ; ### the modalities for exercising data subjects ' rights , including offering an independent contactpoint for handling of complaints ;


### in order to supplement or amend certain non - essential elements of this regulation , the power to adopt delegated acts in accordance with article 290 of the treaty should be delegated to the commission in respect of the accreditation of the paying agencies and coordinating bodies , the content of the farm advisory system , the measures to be financed by union budget under public intervention and the valuation of the operations in connection with public intervention , the reductions and suspension of the reimbursements to the member states , the compensation between expenditure and revenues under the funds , the recovery of debts , the penalties applied to beneficiaries in case of non - compliance with the eligibility conditions , in respect of rules on securities , on the functioning of the integrated administration and control system , of the measures excluded from the scrutiny of transactions , the penalties applied under cross compliance , the rules on maintenance of permanent grassland , the rules on the operative event and the exchange rate to be used by the member states not using the euro and in respect of the content of the common evaluation framework of the measures adopted under the cap . it is of particular importance that the commission carry 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 . ### in order to supplement or amend certain non - essential elements of this regulation , the power to adopt delegated acts in accordance with article 290 of the treaty should be delegated to the commission in respect of the accreditation of the paying agencies and coordinating bodies , the content of the farm advisory system , the measures to be financed by union budget under public intervention and the valuation of the operations in connection with public intervention , the reductions and suspension of the reimbursements to the member states , the compensation between expenditure and revenues under the funds , the recovery of debts , the administrative penalties applied to beneficiaries in case of non - compliance with the eligibility conditions , in respect of rules on securities , on the functioning of the integrated administration and control system , of the measures excluded from the scrutiny of transactions , the penalties applied under cross compliance , the rules on maintenance of permanent grassland and pasture , the rules on the operative event and the exchange rate to be used by the member states not using the euro and in respect of the content of the common evaluation framework of the measures adopted under the cap . it is of particular importance that the commission carry 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 .


### the certification body shall be a public or private audit body designated by the member state which shall provide an opinion on the management declaration of assurance covering the completeness , accuracy and veracity of the annual accounts of the paying agency , the proper functioning of its internal control system , the legality and regularity of the underlying transactions , as well as the respect of the principle of sound financial management . ### the certification body shall be a public or private audit body , selected by means of a public tendering procedure by the member state , which shall provide an opinion , drawn up in accordance with union audit standards , on the management declaration of assurance covering the completeness , accuracy and veracity of the annual accounts of the paying agency , the proper functioning of its internal control system , the legality and regularity of the underlying transactions , as well as the respect of the principle of sound financial management .


### the council , acting on a proposal from the commission presented no later than 31 march of the calendar year in respect of which the adjustment referred to in paragraph 1 applies , shall determine the adjustment no later than 30 june of the same calendar year . ### the european parliament and the council , acting on a proposal from the commission presented no later than 31 march of the calendar year in respect of which the adjustment referred to in paragraph 1 applies , shall determine the adjustment no later than 30 june of the same calendar year .


### if , on drawing up the draft budget for financial year n , there appears to be a risk that the amount referred to in article 16 for financial year n will be exceeded , the commission shall propose to the european parliament and the council or to the council the measures necessary to ensure compliance with that amount . ### if , on drawing up the draft budget for financial year n , there appears to be a risk that the amount referred to in article 16 for financial year n will be exceeded , the commission shall propose to the european parliament and the council the measures necessary to ensure compliance with that amount .


### at any time , if the commission considers that there is a risk of the amount referred to in article 16 being exceeded and that it cannot take adequate measures to remedy the situation under its powers , it shall propose other measures to ensure compliance with that amount . these measures shall be adopted by the council on the basis of article 43 of the treaty or by the european parliament and the council on the basis of article 43 of the treaty . ### at any time , if the commission considers that there is a risk of the amount referred to in article 16 being exceeded and that it cannot take adequate measures to remedy the situation under its powers , it shall propose other measures to ensure compliance with that amount . these measures shall be adopted by the european parliament and the council on the basis of article 43 of the treaty .


### when sectoral agricultural legislation requires member states to submit , within a specific period of time , information on the numbers of checks carried out and their outcome and the member states overrun that period , the commission may suspend the monthly payments referred to in article 18 or the interim payments referred to in article 35 for which the relevant statistical information has not been sent in time . ### when sectoral agricultural legislation requires member states to submit , within a specific period of time , information on the number of checks carried out under article 61 and their outcome and the member states overrun that period , the commission may suspend , in accordance with the principle of proportionality , the monthly payments referred to in article 18 or the interim payments referred to in article 35 for which the relevant statistical information has not been sent in time .


### the commission shall give sufficient prior notice of an on - the - spot check to the member state concerned or the member state within whose territory the check is to take place . agents from the member state concerned may take part in such checks . ### the commission shall give sufficient prior notice of an on - the - spot check to the member state concerned or the member state within whose territory the check is to take place and shall coordinate checks to be conducted , as far as possible concurrently , as laid down in article 61 of this regulation . agents from the member state concerned may take part in such checks .


### the accredited paying agencies shall keep supporting documents relating to payments made and documents relating to the performance of the administrative and physical checks required by union legislation , and shall make the documents and information available to the commission . ### the accredited paying agencies shall keep supporting documents relating to payments made and documents relating to the performance of the administrative and physical checks required by union legislation , and shall make the documents and information available to the commission . those supporting documents may also be kept in electronic form .


### if agreement is not reached , the member state may request opening of a procedure aimed at reconciling each party ' s position within four months . a report of the outcome of the procedure shall be given to the commission , which shall examine it before deciding on any refusal of financing . ### if agreement is not reached , the member state may request opening of a procedure aimed at reconciling each party ' s position within four months . a report of the outcome of the procedure shall be given to the commission , which shall take it into account before deciding on any refusal of financing .


### for any undue payment following the occurrence of irregularity or negligence , member states shall request recovery from the beneficiary within one year of the first indication that such an irregularity has taken place and shall record the corresponding amounts in the debtors ' ledger of the paying agency . ### for any undue payment following the occurrence of irregularity or negligence , member states shall request recovery from the beneficiary within one year after a control report or similar document , stating that an irregularity has taken place , has been approved and , where applicable , received by the paying agency or body responsible for the recovery . the corresponding amounts shall , at the time of the recovery request , be recorded in the debtors ' ledger of the paying agency .


### in order to effectively exercise its supervisory powers , the european securities and markets authority should have the right to conduct investigations and on - site - inspections . when exercising its supervisory powers , the european securities and markets authority should give the persons which are subject to proceedings an opportunity of being heard in order to respect their rights of defence . ### in order to effectively exercise its supervisory powers , the european securities and markets authority should have the right to conduct investigations and on - site - inspections . when exercising its supervisory and investigatory powers , the european securities and markets authority should operate its proceedings on a basis of full respect for the rights of defence of the persons and credit agents who are subject to the proceedings , ensuring that there is no breach of professional secrecy as it applies in their member state of residence .


### the european securities and markets authority should be able to propose to the commission to impose periodic penalty payments . the purpose of those periodic penalty payments should be to achieve that an infringement established by the european securities and markets authority is put to an end , that complete and correct information which the european securities and markets authority has requested is supplied and that credit rating agencies and other persons submit to an investigation . moreover , for deterrence purposes and to compel credit rating agencies to comply with the regulation , the commission should also be able to impose fines , following a request of the european securities and markets authority , where intentionally or negligently , specific provisions of the regulation have been breached . the fine shall be dissuasive and proportionate to the nature and seriousness of the breach , the duration of the breach and the economic capacity of the credit rating agency concerned . detailed criteria for establishing the amount of the fines as well as procedural aspects related to fines should be set out by the commission in a delegated act . member states should only remain competent for laying down and implementing the rules on penalties applicable to the infringement of the obligation of financial firms to use , for regulatory purposes only credit ratings issued by credit rating agencies registered in accordance with this regulation . ### the european securities and markets authority should be able to impose periodic penalty payments . the purpose of those periodic penalty payments should be to achieve that an infringement established by the european securities and markets authority is put to an end , that complete and correct information which the european securities and markets authority has requested is supplied and that credit rating agencies and other persons submit to an investigation . moreover , for deterrence purposes and to compel credit rating agencies to comply with the regulation , the commission should also be able to impose fines , following a request of the european securities and markets authority , where intentionally or negligently , specific provisions of the regulation have been breached . the fine shall be dissuasive and proportionate to the nature and seriousness of the breach , the duration of the breach and the economic capacity of the credit rating agency concerned . detailed criteria for establishing the amount of the fines as well as procedural aspects related to fines should be set out by the commission in a delegated act . member states should only remain competent for laying down and implementing the rules on penalties applicable to the infringement of the obligation of financial firms to use , for regulatory purposes only credit ratings issued by credit rating agencies registered in accordance with this regulation .


### the commission should be empowered to adopt delegated acts in accordance with article 290 of the treaty in respect of the amendment and further specification of the criteria for assessing the equivalence of the regulatory and supervisory framework of a third country in order to take into account the developments on financial markets , the adoption of a regulation on fees and the amendment of the annexes . ### in order to take into account the developments on financial markets , the adoption of a regulation on fees and the amendment of the annexes , the power to adopt acts in accordance with article 290 of the treaty should be delegated to the commission in respect of the amendment and further specification of the criteria for assessing the equivalence of the regulatory and supervisory framework of a third country . it is of particular importance that the commission carries out appropriate consultations during its preparatory work , including at experts ' level . the commission , when preparing and drawing - up delegated acts , should ensure an early and continuous transmission of information and relevant documents to the european parliament and council .


### ' the commission shall specify further or amend the criteria set out in points , and of the second subparagraph in order to take account of developments on financial markets . those measures shall be adopted by means of delegated acts in accordance with article 38a and subject to the conditions of articles 38b and 38c . ' ### ' the commission shall be empowered to adopt delegated acts under this article further specifying or amending the criteria set out in points , and of the second subparagraph in order to take account of developments on financial markets . '


### a list of the structured finance instruments for which it is in the process of providing a credit rating , identifying the type of the structured finance instrument , the name of the issuer and the date when the rating process was initiated ; ### a list of the structured finance instruments for which it is in the process of providing a credit rating , identifying the type of the structured finance instrument , the name of the issuer and the date when the rating process was initiated , as well as all information utilised by the credit rating agency concerned to determine and / or monitor the credit rating issued for a structured finance product .


### outsourcing of important operational functions shall not be undertaken in such a way as to impair materially the quality of the credit rating agency’s internal control and the ability of the competent authorities to supervise the credit rating agency’s compliance with obligations under this regulation . ### outsourcing of important operational functions shall not be undertaken in such a way as to impair materially the quality of the credit rating agency’s internal control and the ability of the competent authorities to supervise the credit rating agency’s compliance with obligations under this regulation . the outsourcing shall be disclosed .


### the commission shall adopt by means of delegated acts in accordance with article 38a a regulation on fees . that regulation shall determine in particular the type of fees and the matters for which fees are due , the amount of the fees and the way in which they are to be paid . the amount of a fee charged to a credit rating agency shall be proportionate to its size and economic strength . ### the commission shall be empowered to adopt delegated acts under this article concerning a regulation on fees . that regulation shall determine in particular the type of fees and the matters for which fees are due , the amount of the fees and the way in which they are to be paid . the amount of a fee charged to a credit rating agency shall be proportionate to its size and economic strength .


### expressly renounces the registration or has provided no credit ratings for the preceding six months ; ### deleted


### has obtained the registration by making false statements or by any other irregular means ; ### deleted


### esma may conduct all necessary investigations of persons referred to in article 23a . to that end , the officials and other persons authorised by esma shall be empowered : ### esma may conduct investigations of persons referred to in article 23a that are necessary in order to carry out its duties under this regulation . to that end , the officials and other persons authorised by esma shall be empowered :


### the officials and other persons authorised by esma to conduct an on - site inspection shall exercise their powers upon production of a written authorisation specifying the subject matter and purpose of the inspection and the periodic penalty payments provided for in article 36b in case the persons concerned do not submit to the inspection . in good time before the inspection , esma shall give notice of the inspection to the competent authority of the member state in whose territory it is to be conducted . ### the officials and other persons authorised by esma to conduct an on - site inspection shall exercise their powers upon production of a written authorisation specifying the subject matter and purpose of the inspection , the persons designated to carry it out and their position within the authority , and the periodic penalty payments provided for in article 36b in case the persons concerned do not submit to the inspection . in good time before the inspection , esma shall give notice of the inspection to the competent authority of the member state in whose territory it is to be conducted .


### ten working days if there are credit ratings of the same financial instrument or entity issued by other credit rating agencies registered under this regulation ; or ### ten working days from the publication of the decision on esma ' s website pursuant to paragraph 4 , if there are credit ratings of the same financial instrument or entity issued by other credit rating agencies registered under this regulation ; or


### three months if there are no credit ratings of the same financial instrument or entity issued by other credit rating agencies registered under this regulation . ### three months from the publication of the decision on esma ' s website pursuant to paragraph 4 if there are no credit ratings of the same financial instrument or entity issued by other credit rating agencies registered under this regulation .


### at esma ' s request , the commission may by decision impose on a credit rating agency a fine where , intentionally or negligently , the credit rating agency has committed one of the breaches listed in annex iii . ### esma may by decision impose on a credit rating agency a fine where , intentionally or negligently , the credit rating agency has committed one of the breaches listed in annex iii .


### the commission shall adopt by means of delegated acts in accordance with article 38a detailed rules for the implementation of this article , specifying in particular : ### the commission shall be empowered to adopt delegated acts concerning the adoption of detailed rules for the implementation of this article , specifying in particular :


### at esma ' s request , the commission may , by decision , impose on the persons referred to in article 23a periodic penalty payments in order to compel them : ### esma may , by decision , impose on the persons referred to in article 23a periodic penalty payments in order to compel them :


### before taking decision on a fine or periodic penalty payment as provided for in articles 36a and 36b , the commission shall give the persons which are the subject of the proceedings the opportunity of being heard on the matters to which the commission has taken objection . the commission shall base its decisions only on objections on which the parties concerned have been able to comment . ### before taking decision on a fine or periodic penalty payment as provided for in articles 36a and 36b , esma shall give the persons which are the subject of the proceedings the opportunity of being heard on the matters to which it has taken objection . it shall base its decisions only on objections on which the parties concerned have been able to comment .