### the emff may support investments in the processing of fishery and aquaculture products . such support shall contribute to the achievement of the objectives of the common organisation of the markets in fishery and aquaculture products as provided for in article 35 of regulation no 1380 / 2013 and further specified in regulation no 1379 / 2013 . ### the emfaf may support investments in the processing of fishery and aquaculture products . such support shall contribute to the achievement of the objectives of the common organisation of the markets in fishery and aquaculture products as provided for in article 35 of regulation no 1380 / 2013 and further specified in regulation no 1379 / 2013 .


### the emff may support the sustainable development of local economies and communities through the community - led local development set out in article 25 of regulation no [ regulation laying down common provisions ] . ### the emfaf may support the sustainable development of local economies and communities through the community - led local development set out in article 25 of regulation no [ regulation laying down common provisions ] .


### for the purpose of emff support , the community - led local development strategies referred to in article 26 of regulation no [ regulation laying down common provisions ] shall ensure that local communities better exploit and benefit from the opportunities offered by the sustainable blue economy , capitalising on and strengthening environmental , cultural , social and human resources . ### for the purpose of emff support , the community - led local development strategies referred to in article 26 of regulation no [ regulation laying down common provisions ] shall ensure that local communities better exploit and benefit from the opportunities offered by the sustainable blue economy , capitalising on and strengthening environmental , cultural , social and human existing resources .


### for the purpose of emff support , the community - led local development strategies referred to in article 26 of regulation no [ regulation laying down common provisions ] shall ensure that local communities better exploit and benefit from the opportunities offered by the sustainable blue economy , capitalising on and strengthening environmental , cultural , social and human resources . ### for the purpose of emfaf support , the community - led local development strategies referred to in article 26 of regulation no [ regulation laying down common provisions ] shall ensure that local communities better exploit and benefit from the opportunities offered by the sustainable blue economy , capitalising on and strengthening environmental , cultural , social and human resources .


### 27marine knowledge ### 27marine and freshwater knowledge


### the emff may support the collection , management and use of data to improve the knowledge on the state of the marine environment , with a view to : ### the emfaf may support the collection , management and use of data to improve the knowledge on the state of the marine and freshwater environment , with a view to :


### increasing data quality and sharing through the european marine observation and data network . ### increasing data quality and sharing through the european marine observation and data network as well as in other data networks covering freshwater .


### the support for actions referred to in paragraph 1 may also contribute to the development and implementation of a union fisheries control system under the conditions set out in article 19 . ### the support for actions referred to in paragraph 1 may also contribute to the development and implementation of a union fisheries control and inspection system under the conditions set out in article 19 .


### the commission shall decide on the amount of the correction taking into account the nature , gravity , duration and repetition of the serious non - compliance by the member state or beneficiary with the rules of the cfp and the importance of the emff contribution to the economic activity of the beneficiary concerned . ### the commission shall decide on the amount of the correction taking into account the nature , gravity , duration and repetition of the serious non - compliance by the member state or beneficiary with the rules of the cfp and the importance of the emfaf contribution to the economic activity of the beneficiary concerned .


### the emff shall support the development and dissemination of market intelligence for fishery and aquaculture products by the commission in accordance with article 42 of regulation no 1379 / 2013 . ### the emfaf shall support the development and dissemination of market intelligence for fishery and aquaculture products by the commission in accordance with article 42 of regulation no 1379 / 2013 .


### the emff shall support the implementation of the maritime policy through : ### the emfaf shall support the implementation of the maritime policy and the development of a sustainable blue economy through :


### the improvement of maritime skills , ocean literacy and sharing of socio - economic data on the sustainable blue economy ; ### the improvement of maritime skills , ocean and freshwater literacy and sharing of socio - economic data on the sustainable blue economy ;


### the implementation of relevant international agreements , measures and tools to prevent , deter and eliminate illegal , unreported and unregulated fishing ; ### the implementation of relevant international agreements , measures and tools to prevent , deter and eliminate iuu fishing and measures and tool to minimise the impact on the marine environment , in particular incidental catches of seabirds , marine mammals and sea turtles ;


### blending operations under the emff shall be implemented in accordance with regulation no [ regulation on investeu ] and title x of regulation no [ regulation on the financial rules applicable to the general budget of the union ] . ### blending operations under the emfaf shall be implemented in accordance with regulation no [ regulation on investeu ] and title x of regulation no [ regulation on the financial rules applicable to the general budget of the union ] .


### the interim evaluation of the support under title iii shall be performed once there is sufficient information available about the implementation , but not later than four years after the start of the implementation of the support . ### the interim evaluation of the support under title iii shall be performed once there is sufficient information available about the implementation , but not later than four years after the start of the implementation of the support . this evaluation shall take the form of a report by the commission and provide detailed assessment of all specific aspects of the implementation .


### the commission shall communicate the conclusion of the evaluations , accompanied by its observations , to the european parliament , the council , the european economic and social committee and the committee of the regions . ### the commission shall communicate the evaluations reports referred to in paragraphs 2 and 3 to the european parliament , the council , the european economic and social committee and the committee of the regions .


### legal entities established in a member state or in a third country listed in the work programme under the conditions specified in paragraphs 3 and 4 ; ### legal entities established in a member state , in an overseas country or territory or in a third country listed in the work programme under the conditions specified in paragraphs 3 and 4 ;


### where reference is made to this paragraph , article 4 of regulation no 182 / 2011 shall apply . ### where reference is made to this paragraph , article 5 of regulation no 182 / 2011 shall apply .


### persons who are blind , visually impaired or otherwise print disabled continue to face many barriers to accessing books and other print material . the need to increase the number of works and other protected subject - matter in accessible formats available to those persons and improve their circulation and dissemination has been recognised at an international level . the marrakesh treaty to facilitate access to published works for persons who are blind , visually impaired , or otherwise print disabled was signed on behalf of the union on 30 april 201412 . it requires contracting parties to provide exceptions or limitations to the exclusive rights of holders of copyright and related rights for the making and dissemination of copies in accessible formats of certain works and other subject - matter and for the cross - border exchange of those accessible format copies . the beneficiaries of the marrakesh treaty are persons who are blind , visually impaired or have a perceptual or reading disability , including dyslexia , preventing them from reading printed works to the same degree as persons without such disability , or are unable to hold or manipulate a book or to focus and move the eyes to the extent that would be normally acceptable for reading due to a physical disability . _________________ 12 council decision 2014 / 221 / eu of 14 april 2014 on the signing , on behalf of the european union , of the marrakesh treaty to facilitate access to published works for persons who are blind , visually impaired , or otherwise print disabled . ### persons who are blind , visually impaired or otherwise print disabled continue to face many barriers to accessing books and other print material , in view of the fact that only between 7% 1a&#160 ; and 20% 1b&#160 ; of books are available to print - disabled persons . the need to increase the number of works and other protected subject - matter in accessible formats available to those persons and improve their circulation and dissemination has been recognised at an international level . the marrakesh treaty to facilitate access to published works for persons who are blind , visually impaired , or otherwise print disabled was signed on behalf of the union on 30 april&#160 ; 201412 . it requires contracting parties to provide exceptions or limitations to the exclusive rights of holders of copyright and related rights for the making and dissemination of copies in accessible formats of certain works and other subject - matter and for the cross - border exchange of those accessible format copies . the beneficiaries of the marrakesh treaty are persons who are blind , visually impaired or have a perceptual or reading disability , including dyslexia , preventing them from reading printed works to the same degree as persons without such disability , or are unable to hold or manipulate a book or to focus and move the eyes to the extent that would be normally acceptable for reading due to a physical disability . _________________ 12 council decision 2014 / 221 / eu of 14 april 2014 on the signing , on behalf of the european union , of the marrakesh treaty to facilitate access to published works for persons who are blind , visually impaired , or otherwise print disabled . 1a lisu for the royal national institute of blind people , ʻavailability of accessible publications - 2011 updateʼ , october 2011 . 1b catherine meyer - lereculeur ʻexception ʻhandicapʼ au droit d’auteur et développement de l’offre de publications accessibles à l’ère numériqueʼ , may 2013 .


### directive [ … ] endeavours to implement the union ' s obligations under the marrakesh treaty in a harmonised manner in order to improve the availability of accessible format copies for beneficiary persons and their circulation within the internal market . the directive requires member states to introduce a mandatory exception to certain rights of right holders that are harmonised by union law . the objectives of this regulation are to implement the obligations in the marrakesh treaty with respect to the export and import of accessible format copies for the benefit of beneficiary persons between the union and third countries that are parties to the marrakesh treaty , and to lay down the conditions for such export and import . such measures may only be taken at union level as the exchange of accessible format copies of works and other subject - matter concerns the commercial aspects of intellectual property . a regulation is the only appropriate instrument . ### directive [ … ] endeavours to implement the union ' s obligations under the marrakesh treaty in a harmonised manner in order to improve the availability of accessible format copies for beneficiary persons and their circulation within the internal market . the directive requires member states to introduce a mandatory exception to certain rights of right holders and related rights that are harmonised by union law . the objectives of this regulation are to implement the obligations in the marrakesh treaty with respect to the export and import of accessible format copies for the benefit of beneficiary persons between the union and third countries that are parties to the marrakesh treaty , and to lay down the conditions for such export and import . such measures may only be taken at union level as the exchange of accessible format copies of works and other subject - matter concerns the commercial aspects of intellectual property . a regulation is the only appropriate instrument .


### the regulation should ensure that accessible format copies of books , journals , newspapers , magazines and other writings , sheet music and other print material , which have been made in any member state in accordance with the national provisions adopted pursuant to directive [ … ] may be exported to third countries that are parties to the marrakesh treaty . accessible formats include braille , large print , adapted e - books , audio books and radio broadcasts . the distribution , communication or making available of accessible format copies to print disabled persons or to authorised entities in the third country should only be carried out on a non - profit basis by authorised entities established in the union . ### the regulation should ensure that accessible format copies of books , e - books , journals , newspapers , magazines and other writings , sheet music and other print material , which have been made in any member state in accordance with the national provisions adopted pursuant to directive [ … ] may be exported to third countries that are parties to the marrakesh treaty . accessible formats include braille , large print , adapted e - books , audio books and radio broadcasts . the distribution , communication or making available of accessible format copies to print disabled persons or to authorised entities in the third country should only be carried out on a non - profit basis by authorised entities established in the union .


### in order to swiftly implement into union law future amendments to the iccat recommendations , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission in respect of amending the annexes to this regulation as well as provisions listed in article 34 of this regulation . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level , and that those consultations be conducted in accordance with the principles laid down in the interinstitutional agreement of 13 april 2016 on better law making23 . in particular , to ensure equal participation in the preparation of delegated acts , the european parliament and the council receive all documents at the same time as member states ' experts , and their experts systematically have access to meetings of commission expert groups dealing with the preparation of delegated acts . _________________ 23 interinstitutional agreement of 13 april 2016 on better law making . ### in order to swiftly implement into union law future amendments to the iccat recommendations , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission in respect of amending the annexes to this regulation as well as provisions listed in article 34 of this regulation . it is of particular importance that the commission carry out appropriate and comprehensive consultations during its preparatory work , including at expert level , and that those consultations be conducted in accordance with the principles laid down in the interinstitutional agreement of 13 april 2016 on better law making23 . in particular , to ensure equal participation in the preparation of delegated acts , the european parliament and the council receive all documents at the same time as member states ' experts , and their experts systematically have access to meetings of commission expert groups dealing with the preparation of delegated acts . _________________ 23 interinstitutional agreement of 13 april 2016 on better law making .


### notwithstanding paragraph 1 of article 11 , catching vessels fishing actively for swordfish may retain on board , tranship , transfer , land , transport , store , sell , display or offer for sale incidental catches of swordfish below the minimum conservation reference size , provided such catches do not exceed 5 % by weight or number of pieces of the total swordfish catch of such vessels . ### notwithstanding paragraph 1 of article 11 , catching vessels fishing actively for swordfish may retain on board , tranship , transfer , land , transport , store , sell , display or offer for sale incidental catches of swordfish below the minimum conservation reference size , provided such catches do not exceed 5 % by weight or number of pieces of the total swordfish catch of such vessels , not exceeding the by - catch limit the member states establish in their annual fishing plans .


### by way of derogation from paragraph 1 , additional 2 500 replacement unrigged hooks shall be allowed on board fishing vessels for trips longer than 2 days . ### by way of derogation from paragraph 1 , additional 2 500 replacement hooks shall be allowed on board fishing vessels for trips longer than 2 days . a second set of rigged hooks may be allowed on board for trips longer than 2 days provided that it is duly lashed and stowed in lower decks so that it may not readily be used .


### only union vessels included in the iccat record of vessels according to the procedure laid down in articles 16 and 17 , shall be authorised to target , retain on board , tranship , transport , process or land mediterranean swordfish . ### only union vessels included in the iccat record of vessels according to the procedure laid down in articles 16 and 17 , shall be authorised to target , retain on board , tranship , transport , process or land mediterranean swordfish , without prejudice to the provisions in article 13 on by - catches .


### different operators are active in the food supply chain at the stages of production , processing , marketing , distribution and retail of food products . the chain is by far the most important channel for bringing food products from “farm to fork” . those operators trade food products , that is to say primary agricultural products , including fishery and aquaculture products , as listed in annex i to the treaty for use as food , and other food products not listed in that annex but processed from agricultural products for use as food . ### different operators are active in the agricultural and food supply chain at the stages of production , processing , marketing , distribution and retail of agricultural or food products . the chain is by far the most important channel for delivering products . those operators trade agricultural or food products , that is to say primary agricultural products , including fishery and aquaculture products , as listed in annex i to the treaty , other food products not listed in that annex but processed from agricultural products for use as food and agricultural products .


### the number and size of operators vary across the different stages of the food supply chain . differences in bargaining power relate to the different levels of concentration of operators and can enable the unfair exercise of bargaining power by using unfair trading practices . unfair trading practices are in particular harmful for small and medium - sized operators in the food supply chain . agricultural producers , who supply primary agricultural products , are largely small and medium - sized . ### the number and size of operators vary across the different stages of the supply chain for food and agricultural products . differences in bargaining power relate to the different levels of concentration of operators and can enable the unfair exercise of bargaining power by using unfair trading practices . unfair trading practices are in particular harmful for small and medium - sized operators in the food supply chain . agricultural producers , who supply primary agricultural products , are largely small and medium - sized . agricultural producer organisations and agricultural cooperatives shall also fall under the scope of this directive provided that their relationship with the buyer is characterized by an economic dependence due to which the supplier depends on the buyer because of the importance of the deliveries to the buyer in terms of quantity , the buyer ' s reputation , its market share or the absence of sufficient alternative sales possibilities .


### a majority of all member states , but not all of them , have specific national rules that protect suppliers against unfair trading practices occurring in business - to - business relationships in the food supply chain . where reliance on contract law or self - regulatory initiatives is possible , fear of retaliation against a complainant limits the practical value of these forms of redress . certain member states , which have specific rules on unfair trading practices in place , therefore entrust administrative authorities with their enforcement . however , member states’ unfair trading practices rules - to the extent they exist - are characterised by significant divergence . ### a majority of all member states , but not all of them , have specific national rules that protect suppliers against unfair trading practices occurring in business - to - business relationships in the food supply chain . fear of retaliation against a complainant is often invoked as an issue in seeking redress . certain member states , which have specific rules on unfair trading practices in place , therefore entrust administrative authorities with their enforcement . however , member states’ unfair trading practices rules - to the extent they exist - are characterised by significant divergence .


### the enforcement authorities of the member states should have the necessary powers that enable them to effectively gather any factual information by way of information requests . they should have the power to order the termination of a prohibited practice , where applicable . the existence of a deterrent , such as the power to impose fines and the publication of investigation results , can encourage behavioural change and pre - litigation solutions between the parties and should therefore be part of the powers of the enforcement authorities . the commission and the enforcement authorities of the member states should cooperate closely so as to ensure a common approach with respect to the application of the rules set out in this directive . in particular , the enforcement authorities should provide each other mutual assistance , for example by sharing information and assisting in investigations which have a cross - border dimension . ### the enforcement authorities of the member states should have the necessary powers that enable them to effectively gather any factual information by way of information requests . they should have the power to order the termination of a prohibited practice , where applicable . the existence of a deterrent , such as the power to impose penalties , should therefore be part of the powers of the enforcement authorities . penalties should be proportionate and non - discriminatory . the commission and the enforcement authorities of the member states should cooperate closely so as to ensure a common approach with respect to the application of the rules set out in this directive . in particular , the enforcement authorities should provide each other mutual assistance , for example by sharing information and assisting in investigations which have a cross - border dimension .


### the rules laid down in this directive should not impair the possibility for the member states to maintain existing rules that are further - reaching or to adopt such rules in the future , subject to the limits of union law applicable to the functioning of the internal market . the rules would apply alongside voluntary governance measures . ### the rules laid down in this directive should not impair the possibility for the member states to maintain existing rules that are further - reaching or to adopt such rules in the future , subject to the limits of union law applicable to the functioning of the internal market . the rules should be subject to a pre - notification procedure and would apply alongside voluntary governance measures .


### in the interest of an effective implementation of the policy in respect of unfair trading practices in business - to - business relationships in the food supply chain , the commission should review the application of this directive and submit a report to the european parliament , the council , the european economic and social committee and the committee of the regions . the review should also pay particular attention to whether protection of small and medium - sized buyers of food products in the supply chain – in addition to the protection of small and medium sized suppliers – in the future would be justified , ### in the interest of an effective implementation of the policy in respect of unfair trading practices in business - to - business relationships in the food supply chain , the commission should review the application of this directive and submit a report to the european parliament , the council , the european economic and social committee and the committee of the regions . the review should also pay particular attention to a possible enlargement of the lists of prohibited unfair trading practices and whether protection of small and medium - sized buyers of food products in the supply chain – in addition to the protection of small and medium sized suppliers – in the future would be justified ,


### this directive establishes a minimum list of prohibited unfair trading practices between buyers and suppliers in the food supply chain and lays down minimum rules concerning their enforcement and arrangements for the coordination between enforcement authorities . ### this directive establishes a minimum list of prohibited unfair trading practices between buyers and suppliers in the supply chain regarding food products and agricultural products listed in annex i to the treaty and lays down minimum rules concerning their enforcement and arrangements for the coordination between enforcement authorities .


### a buyer cancels orders of perishable food products at such short notice that a supplier cannot reasonably be expected to find an alternative to commercialise or use these products ; ### a buyer cancels orders of perishable agricultural or food products at such short notice that a supplier cannot reasonably be expected to find an alternative to commercialise or use these products ;


### producer organisations or associations of producer organisations whose member or member of their members consider that they are affected by a prohibited trading practice shall have the right to submit a complaint . ### producer organisations or associations of producer organisations under regulation 1308 / 2013 whose member or member of their members consider that they are affected by a prohibited trading practice shall have the right to submit a complaint in view of the objective to ascertain an infringement and in accordance with the provisions of article 6 .


### producer organisations or associations of producer organisations whose member or member of their members consider that they are affected by a prohibited trading practice shall have the right to submit a complaint . ### producer or supplier organisations or associations of producer or supplier organisations whose member or member of their members consider that they are affected by a prohibited trading practice shall have the right to submit a complaint and to be a party to the proceedings .


### to impose a pecuniary fine on the author of the infringement . the fine shall be effective , proportionate and dissuasive taking into account the nature , duration and gravity of the infringement ; ### to impose penalties on the author of the infringement . the penalties shall be effective , proportionate and dissuasive taking into account the nature , duration and gravity of the infringement ; pecuniary fines shall be issued only in cases of intentional non - compliance or repeated non - compliance ;


### member states may provide for rules designed to combat unfair trading practices going beyond those set out in articles 3 , 5 , 6 and 7 , provided that such national rules are compatible with the rules on the functioning of the internal market . ### member states may provide for rules designed to combat unfair trading practices going beyond those set out in articles 3 , 5 , 6 and 7 , provided that such national rules are compatible with the rules on the functioning of the internal market , including the free movement of goods and services and the freedom of establishment , non - discrimination and access to impartial and independent judicial review .


### a number of amendments are to be made to regulation no 1371 / 2007 of the european parliament and of the council24 . in the interests of clarity , that regulation should be recast . _________________ 24 regulation no 1371 / 2007 of the european parliament and of the council of 23 october 2007 on rail passengers’ rights and obligations . ### a number of amendments are to be made to regulation no 1371 / 2007 of the european parliament and of the council24 in order to provide improved protection for passengers and encourage increased rail travel , with due regard to articles 11 , 12 and 14 of the treaty on the functioning of the european union in particular . in view of these amendments and in the interests of clarity , regulation 1371 / 2007 should therefore be recast . _________________ 24 regulation no 1371 / 2007 of the european parliament and of the council of 23 october 2007 on rail passengers’ rights and obligations .


### users’ rights to rail services include the receipt of information regarding the service both before and during the journey . whenever possible , railway undertakings and ticket vendors should provide this information in advance and as soon as possible . that information should be provided in accessible formats for persons with disabilities or persons with reduced mobility . ### users’ rights to rail services include the receipt of information regarding service and all available optimal single rail journey options both before , and during and after the journey . whenever possible , all ticket vendors , both those that belong to railway undertakings as well independent third party ticket vendors , should provide this information in advance and as soon as possible , using data provided by railway undertakings and infrastructure companies . that information should be provided in accessible formats for persons with disabilities or persons with reduced mobility . railway undertakings should enable ticket vendors to provide passengers with all relevant information .


### users’ rights to rail services include the receipt of information regarding the service both before and during the journey . whenever possible , railway undertakings and ticket vendors should provide this information in advance and as soon as possible . that information should be provided in accessible formats for persons with disabilities or persons with reduced mobility . ### users’ rights to rail services include the receipt of real - time information regarding the service both before and during the journey . whenever possible , railway undertakings should provide this information in advance and as soon as possible . that information should be provided in accessible formats for persons with disabilities or persons with reduced mobility .


### in the context of the sale of tickets for the transport of passengers , member states should take all necessary measures to prohibit discrimination on the basis of nationality or residence , regardless whether the passenger concerned is present , permanently or on a temporary basis , in another member state . those measures should cover all covert forms of discrimination which , by the application of other criteria , such as residence , physical or digital location , may have the same effect . in light of the development of online platforms selling passenger transport tickets , member states should pay special attention to ensuring that no discrimination occurs during the process of accessing online interfaces or purchasing tickets . however , transport schemes involving social tariffs should not be automatically precluded , provided that they are proportionate and independent of the nationality of the persons concerned . ### in the context of the sale of tickets for the transport of passengers , member states should take all necessary measures to prohibit discrimination on the basis of nationality or residence , regardless whether the passenger concerned is present , permanently or on a temporary basis , in another member state . those measures should cover all covert forms of discrimination which , by the application of other criteria , such as residence , physical or digital location , may have the same effect . in light of the development of online platforms selling passenger transport tickets , member states should pay special attention to ensuring that no discrimination occurs during the process of accessing online interfaces or purchasing tickets . however , transport schemes involving social tariffs should not be precluded , provided that they are independent of the nationality of the persons concerned .


### railway undertakings should facilitate the transfer of rail passengers from one operator to another by the provision of through - tickets , whenever possible . ### railway undertakings should provide data to facilitate the transfer of rail passengers from one operator to another by the provision of data that will enable ticket vendors to show and sell optimal single rail journeys .


### in the light of the united nations convention on the rights of persons with disabilities and in order to give persons with disabilities and persons with reduced mobility opportunities for rail travel comparable to those of other citizens , rules for non - discrimination and assistance during their journey should be established . persons with disabilities and persons with reduced mobility , whether caused by disability , age or any other factor , have the same right as all other citizens to free movement and to non - discrimination . inter alia , special attention should be given to the provision of information to persons with disabilities and persons with reduced mobility concerning the accessibility of rail services , access conditions of rolling stock and the facilities on board . in order to provide passengers with sensory impairment with the best information on delays , visual and audible systems should be used , as appropriate . persons with disabilities and persons with reduced mobility should be enabled to buy tickets on board a train without extra charges . staff should be adequately trained to respond to the needs of persons with disabilities and persons with reduced mobility , notably when providing assistance . to ensure equal travel conditions , such persons should be provided with assistance at stations and on board at all times when trains operate and not only at certain times of the day . ### in the light of the united nations convention on the rights of persons with disabilities and in order to give persons with disabilities and persons with reduced mobility opportunities for rail travel comparable to those of other citizens , rules for non - discrimination and assistance during their journey should be established . persons with disabilities and persons with reduced mobility , whether caused by disability , age or any other factor , have the same right as all other citizens to free movement and to non - discrimination . inter alia , special attention should be given to the provision of accessible information to persons with disabilities and persons with reduced mobility concerning the accessibility of rail services , access conditions of rolling stock and the facilities on board . in order to provide passengers with sensory impairment with the best information on delays , visual and audible systems should be used which are appropriate and comprehensible to those passengers . persons with disabilities and persons with reduced mobility should be enabled to buy tickets on board a train without extra charges . staff should be adequately trained to respond to the needs of persons with disabilities and persons with reduced mobility , notably when providing assistance . to ensure equal travel conditions , such persons should be provided with assistance at stations and on board at all times when trains operate and not only at certain times of the day .


### in the light of the united nations convention on the rights of persons with disabilities and in order to give persons with disabilities and persons with reduced mobility opportunities for rail travel comparable to those of other citizens , rules for non - discrimination and assistance during their journey should be established . persons with disabilities and persons with reduced mobility , whether caused by disability , age or any other factor , have the same right as all other citizens to free movement and to non - discrimination . inter alia , special attention should be given to the provision of information to persons with disabilities and persons with reduced mobility concerning the accessibility of rail services , access conditions of rolling stock and the facilities on board . in order to provide passengers with sensory impairment with the best information on delays , visual and audible systems should be used , as appropriate . persons with disabilities and persons with reduced mobility should be enabled to buy tickets on board a train without extra charges . staff should be adequately trained to respond to the needs of persons with disabilities and persons with reduced mobility , notably when providing assistance . to ensure equal travel conditions , such persons should be provided with assistance at stations and on board at all times when trains operate and not only at certain times of the day . ### in the light of the united nations convention on the rights of persons with disabilities and in order to give persons with disabilities and persons with reduced mobility opportunities for rail travel comparable to those of other citizens , rules for non - discrimination and assistance during their journey should be established . persons with disabilities and persons with reduced mobility , whether caused by disability , age or any other factor , have the same right as all other citizens to free movement and to non - discrimination . inter alia , special attention should be given to the provision of information to persons with disabilities and persons with reduced mobility concerning the accessibility of rail services , access conditions of rolling stock and the facilities on board . in order to provide passengers with sensory impairment with the best information on delays , visual and audible systems should be used , as appropriate . persons with disabilities and persons with reduced mobility should be enabled to buy tickets on board a train without extra charges . staff should be adequately trained to respond to the needs of persons with disabilities and persons with reduced mobility , notably when providing assistance . to ensure equal travel conditions , such persons should , where possible , be provided with assistance at stations and on board at all times when trains operate .


### in the event of delay , passengers should be provided with continued or re - routed transport options under comparable transport conditions . the needs of persons with disabilities and persons with reduced mobility should be taken into account in such an event . ### in the event of delay , passengers should be provided with continued or re - routed transport options under comparable transport conditions . the needs of and appropriate information for persons with disabilities and persons with reduced mobility should be taken into account in such an event .


### this regulation establishes rules applicable to rail transport as regards the following : ### this regulation establishes rules applicable to rail transport to provide for effective protection of passengers and encourage rail travel as regards the following :


### non - discrimination against , and mandatory assistance for , persons with disabilities and persons with reduced mobility ; ### non - discrimination against , immediate , spontaneous and mandatory assistance by trained staff for , persons with disabilities and persons with reduced mobility ;


### ‘ through - ticket’ means a ticket or tickets representing a single transport contract for successive railway services operated by one or more railway undertakings ; ### “through - ticket” means a ticket or tickets for a single journey comprising one or several transport contracts for successive railway services operated by one or more railway undertakings whose purchase is carried out via a single transaction ;


### without prejudice to social tariffs , railway undertakings or ticket vendors shall offer contract conditions and tariffs to the general public without direct or indirect discrimination on the basis of the final customer’s nationality or residence , or the place of establishment of the railway undertaking or ticket vendor within the union . ### without prejudice to social tariffs , railway undertakings , tour operators or ticket vendors shall offer contract conditions and tariffs to the general public without direct or indirect discrimination on the basis of the final customer’s nationality or residence , or the place of establishment of the railway undertaking , tour operators or ticket vendor within the union .


### railway undertakings or , where appropriate , competent authorities responsible for a public service railway contract shall make public by appropriate means , including in accessible formats for persons with disabilities in accordance with accessibility requirements laid down in directive xxx , and before their implementation , decisions to discontinue services either permanently or temporarily . _________________ directive xxx on the approximation of the laws , regulations and administrative provisions of the member states as regards the accessibility requirements for products and services . ### railway undertakings or , where appropriate , competent authorities responsible for a public service railway contract shall make public by appropriate means and without delay , including in accessible formats for persons with disabilities in accordance with accessibility requirements laid down in directive xxx and in regulation no 1300 / 2014 , and before their implementation , decisions to discontinue services either permanently or temporarily . _________________ directive xxx on the approximation of the laws , regulations and administrative provisions of the member states as regards the accessibility requirements for products and services .


### the information referred to in paragraphs 1 and 2 shall be provided in the most appropriate format including by using up - to - date communication technologies . particular attention shall be paid to ensuring that this information is accessible to persons with disabilities in accordance with the accessibility requirements laid down in directive xxx and regulation 454 / 2011 . ### the information referred to in paragraphs 1 and 2 shall be provided to passengers and online ticket vendors by railway undertakings in the most appropriate format and in real time , including by using up - to - date communication technologies in order to provide passengers with all the information required by annex ii to this regulation . particular attention shall be paid to ensuring that this information is accessible to persons with disabilities in accordance with the accessibility requirements laid down in directive xxx , regulation 454 / 2011 and regulation 1300 / 2014 .


### the information referred to in paragraphs 1 and 2 shall be provided in the most appropriate format including by using up - to - date communication technologies . particular attention shall be paid to ensuring that this information is accessible to persons with disabilities in accordance with the accessibility requirements laid down in directive xxx and regulation 454 / 2011 . ### the information referred to in paragraphs 1 and 2 shall be provided in the most appropriate format including by using up - to - date communication technologies . particular attention shall be paid to ensuring that this information is accessible and comprehensible to persons with disabilities in accordance with the accessibility requirements laid down in directive xxx and regulation 454 / 2011 .


### railway undertakings and ticket vendors shall offer tickets&#160 ; and , where available , through - tickets and reservations . they shall make all possible efforts to offer through - tickets , including for journeys across borders and with more than one railway undertaking . ### railway undertakings and ticket vendors shall offer tickets and through - tickets and reservations . they shall make all possible efforts to offer through - tickets , including for journeys across borders and with more than one railway undertaking . it should always be possible to sell through - tickets when the service during the journey is operated by the same railway undertaking .


### continuation or re - routing , under comparable transport conditions , to the final destination at the earliest opportunity ; ### continuation or re - routing , under comparable transport conditions and at no additional cost , to the final destination at the earliest opportunity ;


### re - routing transport service providers shall pay particular attention to providing persons with disabilities and persons with reduced mobility with a comparable level of accessibility to the alternative service . ### re - routing transport service providers shall provide to persons with disabilities and persons with reduced mobility a comparable level of assistance and accessibility to the alternative service .


### without losing the right of transport , a passenger may request compensation for delays from the railway undertaking if he or she is facing a delay between the places of departure and destination stated in the transport contract for which the cost of the ticket has not been reimbursed in accordance with article 16 . the minimum compensations for delays shall be as follows : ### without losing the right of transport for the optimal single rail journey , a passenger may request compensation for delays from the ticket vendor where he made the rail booking if he or she is facing a delay between the places of departure and destination stated on the ticket or optimal single rail journey booking for which the cost of the ticket has not been reimbursed in accordance with article16 . the minimum compensations for delays shall be as follows :


### paragraph 1 also applies to passengers who hold a travel pass or season ticket . if they encounter recurrent delays or cancellations during the period of validity of the travel pass or season ticket , they may request adequate compensation in accordance with the railway undertaking’s compensation arrangements . these arrangements shall state the criteria for determining delay and for the calculation of the compensation . where delays of less than 60 minutes occur repeatedly during the period of validity of the travel pass or season ticket , the delays shall be counted cumulatively and passengers shall be compensated in accordance with the railway undertaking’s compensation arrangements . ### paragraph 1 also applies to passengers who hold a travel pass or season ticket . if they encounter recurrent delays or cancellations during the period of validity of the travel pass or season ticket , they may request adequate compensation in accordance with the compensation arrangements set out under paragraph 1 , , and . these arrangements shall state the criteria for determining delay and for the calculation of the compensation . where delays of more than 30 minutes occur repeatedly during the period of validity of the travel pass or season ticket , the delays shall be counted cumulatively and passengers shall be compensated in accordance with the compensation arrangements set out under paragraph 1 , , and .


### compensation for delay shall be calculated in relation to the full price which the passenger actually paid for the delayed service . where the transport contract is for a return journey , compensation for delay on either the outward or the return leg shall be calculated in relation to half of the price paid for the ticket . in the same way the price for a delayed service under any other form of transport contract allowing travelling several subsequent legs shall be calculated in proportion to the full price . ### compensation for delay shall be calculated in relation to the full price of the optimal single rail journey which the passenger actually paid . the delay compensation should be based on how delayed the passenger is at the final destination of the booked optimal single rail journey . where the transport contract is for a return journey , compensation for delay on either the outward or the return journey shall be calculated in relation to the price paid for optimal single rail journey involved . the return leg should be treated as a separate transaction – if there is no delay to that then there should be no compensation .


### compensation of the ticket price ### compensation of the ticket or optimal single rail journey price


### in the case of a delay in arrival or departure , passengers shall be kept informed of the situation and of the estimated departure time and estimated arrival time by the railway undertaking or ticket vendor or by the station manager as soon as such information is available . ### in case of the delay of arrival or departure , passengers shall be kept informed of the situation and of the estimated departure time and estimated arrival time by the railway undertaking or ticket vendor or by the station manager as soon as such information is available . ticket vendors shall be provided with the relevant data by the railway undertakings on a real - time basis and in an appropriate format .


### in the case of a delay in arrival or departure , passengers shall be kept informed of the situation and of the estimated departure time and estimated arrival time by the railway undertaking&#160 ; or ticket vendor or by the station manager as soon as such information is available . ### in the case of a delay in arrival or departure , passengers shall be kept informed of the situation and of the estimated departure time and estimated arrival time by the railway undertaking&#160 ; or ticket vendor or by the station manager when the relevant information has been provided , in line with article&#160 ; 9 of this regulation , as soon as such information is available .


### railway undertakings shall , at the request of the passenger , certify on the ticket or by any other means that the rail service has suffered a delay , led to a missed connection or that it has been cancelled , as the case might be . ### railway undertakings shall certify on the passenger’s ticket or by any other means that the rail service has suffered a delay , led to a missed connection or that it has been cancelled , as the case might be . this certification shall apply , in particular , in connection with the provisions laid down in article 17 .


### in applying paragraphs 1 , 2 , 3 and 4 , the operating railway undertaking shall pay particular attention to the needs of persons with disabilities and persons with reduced mobility and any accompanying persons . ### in applying paragraphs 1 , 2 , 3 and 4 , the operating railway undertaking shall pay particular attention to the needs of persons with disabilities , persons with reduced mobility , any accompanying persons and / or service animals .


### railway undertakings and station managers shall , with the active involvement of representative organisations of persons with disabilities and persons with reduced mobility , establish , or shall have in place , non - discriminatory access rules for the transport of persons with disabilities and persons with reduced mobility including their personal assistants . the rules shall allow the passenger to be accompanied by an assistance dog in accordance with any relevant national rules . ### railway undertakings and station managers shall , with the active involvement of representative organisations of persons with disabilities and persons with reduced mobility , establish , or shall have in place , non - discriminatory rules for barrier - free and independent access for the transport of persons with disabilities and persons with reduced mobility . if independent mobility is not possible , it shall include their personal assistants . the rules shall allow the passenger to be accompanied by an assistance dog or an accompanying person , both free of charge , in accordance with any relevant national rules .


### railway undertakings and station managers shall , with the active involvement of representative organisations of persons&#160 ; with disabilities and persons with reduced mobility , establish , or shall have in place , non - discriminatory access rules for the transport of persons&#160 ; with disabilities and persons with reduced mobility&#160 ; including their personal assistants&#160 ; . the rules shall allow the passenger to be accompanied by an assistance dog in accordance with any relevant national rules . ### railway undertakings and station managers shall , with the active involvement of representative organisations of persons&#160 ; with disabilities and persons with reduced mobility , establish , or shall have in place , non - discriminatory access rules for the transport of persons&#160 ; with disabilities and persons with reduced mobility&#160 ; including their personal assistants&#160 ; . the rules shall allow the passenger to be accompanied by a certified assistance dog in accordance with any relevant national rules at no extra cost .


### upon request , &#160 ; a station manager , a railway undertaking , a ticket vendor or a tour operator shall provide persons&#160 ; with disabilities and persons with reduced mobility with information&#160 ; , including in accessible formats in accordance with the accessibility requirements laid down in regulation no 454 / 2011 and directive xxx , on the accessibility of&#160 ; the station and associated facilities , rail services and on the access conditions of rolling stock in accordance with the access rules referred to in article 20 and shall inform persons&#160 ; with disabilities and persons with reduced mobility about facilities on board . ### upon request , &#160 ; a station manager , a railway undertaking , a ticket vendor or a tour operator shall provide persons&#160 ; with disabilities and persons with reduced mobility with information , including in accessible formats in accordance with the accessibility requirements laid down in regulation no 454 / 2011 , directive xxx and regulation no 1300 / 2014 , on the accessibility of&#160 ; the station and associated facilities , rail services and on the access conditions of rolling stock in accordance with the access rules referred to in article 20 and shall inform persons&#160 ; with disabilities and persons with reduced mobility about facilities on board .


### on departure from , transit through or arrival at , a staffed railway station of a person with disabilities or a person with reduced mobility , the station manager or the railway undertaking or both shall provide assistance free of charge in such a way that that person is able to board the departing service , or to disembark from the arriving service for which he or she purchased a ticket , without prejudice to the access rules referred to in article 20 . ### on departure from , transit through or arrival at , a staffed railway station of a person with disabilities or a person with reduced mobility , the station manager or the railway undertaking or both shall provide assistance free of charge in such a way that that person is able to board the departing service , or to disembark from the arriving service for which he or she purchased a ticket , without prejudice to the access rules referred to in article 20 . the booking of assistance shall also always be free of charge , irrespective of the communication channel being used .


### on departure from , transit through or arrival at , a staffed railway station of a person with disabilities or a person with reduced mobility , the station manager or the railway undertaking or both shall provide assistance free of charge in such a way that that person is able to board the departing service , or to disembark from the arriving service for which he or she purchased a ticket , without prejudice to the access rules referred to in article 20 . ### on departure from , transit through or arrival at , a staffed railway station of a person with disabilities or a person with reduced mobility , the station manager or the railway undertaking or both shall provide assistance free of charge in such a way that that person is able to board the departing service , or to disembark from the arriving service for which he or she purchased a ticket , without prejudice to the access rules referred to in article 20 . any booking of assistance shall always be free of charge , irrespective of the method of communication used .


### on departure from , transit through or arrival at , a staffed railway station of a person with disabilities or a person with reduced mobility , the station manager or the railway undertaking or both shall provide assistance free of charge in such a way that that person is able to board the departing service , or to disembark from the arriving service for which he or she purchased a ticket , without prejudice to the access rules referred to in article 20 . ### on departure from , transit through or arrival at , a staffed railway station of a person with disabilities or a person with reduced mobility , the station manager or the railway undertaking or both shall provide assistance free of charge in such a way that that person is able to board the departing service , or to disembark from the arriving service for which he or she purchased a ticket , without prejudice to the access rules referred to in article 20 . the booking of assistance should be free of charge .


### for the purposes of this article , assistance on board shall consist of all reasonable efforts to offer assistance to a person with disabilities or a person with reduced mobility in order to allow that person to have access to the same services in the train as other passengers , should the extent of the person’s disability or reduced mobility not allow him or her to have access to those services independently and in safety . ### a person with disabilities or a person with reduced mobility must be offered assistance in order to allow that person to have access to the same services in the train as other passengers , should the extent of the person’s disability or reduced mobility not allow him or her to have access to those services independently and in safety .


### assistance shall be provided on condition that the railway undertaking , the station manager , the ticket vendor or the tour operator with which the ticket was purchased is notified of the person ' s need for such assistance at least 48 hours before the assistance is needed . where&#160 ; a ticket&#160 ; or season ticket permits multiple journeys , one notification shall be sufficient provided that adequate information on the timing of subsequent journeys is provided . such notifications shall be forwarded to all other railway undertakings and station managers involved in the person ' s journey ; ### the notice required for the provision of assistance shall vary depending on the number of passengers stations handle per day on average over a year . assistance shall be provided on condition that the railway undertaking , the station manager or the tour operator with which the ticket was purchased is notified of the person’s need for such assistance before the assistance is needed : - in the case of stations which handle more than 10 000 passengers per day on average over a year , one hour before the assistance is needed , - in the case of stations which handle between 1 000 and 10 000 passengers per day on average over a year , three hours before the assistance is needed , - in the case of stations which handle fewer than 1 000 passengers per day on average over a year , nine hours before the assistance is needed . where a ticket or season ticket permits multiple journeys , one notification shall be sufficient provided that adequate information on the timing of subsequent journeys is provided . such notifications shall be forwarded to all other railway undertakings and station managers involved in the person’s journey ;


### where railway&#160 ; undertakings and station managers cause loss of , or damage to , &#160 ; wheelchairs , other mobility equipment or&#160 ; assistive devices&#160 ; and assistant dogs used by persons&#160 ; with disabilities and persons with reduced mobility , &#160 ; they shall be liable for and compensate that loss or damage&#160 ; . ### where railway undertakings and station managers lose or cause loss of , or damage to , wheelchairs , other mobility equipment or assistive devices and assistant dogs used by persons with disabilities and persons with reduced mobility , they shall be liable for and compensate that loss or damage as soon as possible .


### where railway&#160 ; undertakings and station managers cause loss of , or damage to , &#160 ; wheelchairs , other mobility equipment or&#160 ; assistive devices&#160 ; and assistant dogs used by persons&#160 ; with disabilities and persons with reduced mobility , &#160 ; they shall be liable for and compensate that loss or damage&#160 ; . ### where railway&#160 ; undertakings and station managers cause loss of , or damage to , &#160 ; wheelchairs , other mobility equipment or&#160 ; assistive devices&#160 ; and certified assistant dogs used by persons&#160 ; with disabilities and persons with reduced mobility , &#160 ; they shall be liable for and compensate that loss or damage .


### ensure that all personnel , including those employed by any other performing party , providing direct assistance to persons with disabilities and persons with reduced mobility , know how to meet the needs of persons with disabilities and of persons with reduced mobility , including those with mental and intellectual impairments ; ### ensure that all personnel , including those employed by any other performing party , providing direct assistance to persons with disabilities and persons with reduced mobility , receive disability - related training in order to know how tome et the needs of persons with disabilities and of persons with reduced mobility , including those with mental and intellectual impairments ;


### all railway undertakings , ticket vendors , station managers and infrastructure managers of stations handling more than 10&#160 ; 000 passengers per day on average over a year shall&#160 ; each set up a complaint - handling mechanism for the rights and obligations covered in this regulation&#160 ; in their respective field of responsibility . they shall make&#160 ; their contact details and working language widely known to passengers . ### all railway undertakings handling more than 10 000 passengers per day on average over a year shall each set up a complaint - handling mechanism for the rights and obligations covered in this regulation in their respective field of responsibility . they shall make&#160 ; their contact details and working language widely known to passengers .


### all railway undertakings&#160 ; , ticket vendors , station managers and infrastructure managers of stations handling more than 10&#160 ; 000 passengers per day on average over a year shall&#160 ; each set up a complaint - handling mechanism for the rights and obligations covered in this regulation&#160 ; in their respective field of responsibility . they shall make&#160 ; their contact details and working language widely known to passengers . ### all railway undertakings , ticket vendors and station managers shall&#160 ; each set up a complaint - handling mechanism for the rights and obligations covered in this regulation&#160 ; in their respective field of responsibility . they shall make&#160 ; their contact details and working language widely known to passengers . passengers should be able to file complaints in the official language of the country , in english and in the languages of neighbouring countries .


### railway undertakings and station managers shall inform passengers in an appropriate manner , including in accessible formats in accordance with the accessibility requirements in directive xxx , at the station and on the train , of their rights and obligations under this regulation , and of the contact details of the body or bodies designated by member states pursuant to article 31 . ### railway undertakings , station managers and ticket vendors shall inform passengers in an appropriate manner , including in accessible formats in accordance with the accessibility requirements in directive xxx , at the station and on the train , of their rights and obligations under this regulation , and of the contact details of the body or bodies designated by member states pursuant to article 31 . where it can be expected that a delay will exceed thirty minutes , passengers shall be informed , through loudspeakers , of their rights to compensation as provided for in articles 16 , 17 and 18 and be redirected to the official website for further information .


### the national enforcement bodies shall publish statistics on their activity , including on sanctions applied , every year , at the latest at the end of april of the following calendar year . ### the national enforcement bodies shall each year publish reports with statistics on their websites detailing the number and type of complaints that they have received , detailing the outcome of their enforcement actions , including the sanctions that they have applied . this shall be done for each year by no later than the first day of april of the succeeding year . in addition , these reports shall be made available on the website of the european union agency for railways .


### without prejudice to the rights of consumers to seek alternative redress pursuant to directive&#160 ; 2013 / 11 / eu of the european parliament and of the council , after having complained unsuccessfully to the railway undertaking , ticket vendor , station or infrastructure manager pursuant to article 28 , the passenger may complain to an enforcement body . enforcement bodies shall inform complainants about their right to complain to alternative dispute resolution bodies to seek individual redress . _________________ directive 2013 / 11 / eu of the european parliament and of the council of 21 may 2013 on alternative dispute resolution for consumer disputes and amending regulation no 2006 / 2004 and directive 2009 / 22 / ec . ### without prejudice to the rights of consumers to seek alternative redress pursuant to directive&#160 ; 2013 / 11 / eu of the european parliament and of the council , after having complained unsuccessfully to the railway undertaking , station or infrastructure manager pursuant to article 28 , the passenger may complain to an enforcement body . enforcement bodies shall inform complainants about their right to complain to alternative dispute resolution bodies to seek individual redress . _________________ directive 2013 / 11 / eu of the european parliament and of the council of 21 may 2013 on alternative dispute resolution for consumer disputes and amending regulation no 2006 / 2004 and directive 2009 / 22 / ec .


### any passenger may complain to the national enforcement body , or any other body designated by a member state for that purpose , about an alleged infringement of this regulation . ### any passenger may complain to the national enforcement body , or any other body designated by a member state for that purpose , about an alleged infringement of this regulation . complaints may also be made by organisations representing groups of passengers .


### - time schedules and conditions for the lowest fares ### - time schedules and conditions for all available fares , including the lowest ones .


### - delays ### - disruptions and delays


### the balance between enhancing social and working conditions for drivers and facilitating the exercise of the freedom to provide road transport services based on fair competition between national and foreign operators is crucial for the smooth functioning of the internal market . ### the balance between enhancing working conditions for drivers and facilitating the exercise of the freedom to provide road transport services based on fair competition between union operators is crucial for the smooth functioning of the internal market .


### having evaluated the effectiveness and efficiency of the current union social legislation in road transport , certain loopholes in the existing provisions and deficiencies in their enforcement were identified . furthermore a number of discrepancies exist between member states in interpretation , application and implementation of the rules . this creates legal uncertainty and unequal treatment of drivers and operators , which is detrimental to the working , social and competition conditions in the sector . ### having evaluated the effectiveness and efficiency of the current union social legislation in road transport , certain loopholes in the existing provisions and deficiencies in their enforcement were identified . furthermore a number of discrepancies exist between member states in interpretation , application and implementation of the rules . this creates legal uncertainty and the illegal and unlawful practice of unequal treatment of drivers and operators in some member states , which is detrimental to the working , social and competition conditions in the sector and , in some cases , leads to the populist rhetoric of so - called social dumping without clear and widely agreed definition , whilst more emphasis should be put on fighting against undeclared workers in the transport sector .


### difficulties have also been experienced in applying the rules on posting of workers specified in directive 96 / 71 / ec of the european parliament and of the council15 and the rules on the administrative requirements laid down in directive 2014 / 67 / eu of the european parliament and of the council16 to the highly mobile road transport sector . the uncoordinated national measures on the application and enforcement of the provisions on posting of workers in the road transport sector have generated high administrative burdens for non - resident union operators . this created undue restrictions to the freedom to provide cross - border road transport services having negative side - effects on jobs . _________________ 15 directive 96 / 71 / ec of the european parliament and of the council of 16 december 1996 concerning the posting of workers in the framework of the provision of services 16 directive 2014 / 67 / eu of the european parliament and of the council of 15 may 2014 on the enforcement of directive 96 / 71 / ec concerning the posting of workers in the framework of the provision of services and amending regulation no 1024 / 2012 on administrative cooperation through the internal market information system . ### difficulties have also been experienced in applying the rules on posting of workers specified in directive 96 / 71 / ec of the european parliament and of the council15 and the rules on the administrative requirements laid down in directive 2014 / 67 / eu of the european parliament and of the council16 to the highly mobile road transport sector . the uncoordinated national measures on the application and enforcement of the provisions on posting of workers in the road transport sector have generated high administrative burdens for non - resident union operators . this created undue restrictions to the freedom to provide cross - border road transport services having negative side - effects on jobs . administrative requirements and control measures need to be harmonised to prevent carriers from suffering unnecessary or arbitrary delays . _________________ 15 directive 96 / 71 / ec of the european parliament and of the council of 16 december 1996 concerning the posting of workers in the framework of the provision of services 16 directive 2014 / 67 / eu of the european parliament and of the council of 15 may 2014 on the enforcement of directive 96 / 71 / ec concerning the posting of workers in the framework of the provision of services and amending regulation no 1024 / 2012 on administrative cooperation through the internal market information system .


### in order to ensure effective and efficient enforcement of the sector - specific rules on posting of workers and to avoid disproportionate administrative burdens for non - resident operators sector , specific administrative and control requirements should be established in the road transport sector , taking full advantage of control tools such as the digital tachograph . ### in order to ensure effective and efficient enforcement of the sector - specific rules on posting of workers and to avoid disproportionate administrative burdens for non - resident operators sector and drivers , as highly mobile workers , a dedicated public interface of the internal market information system , established by regulation no 1024 / 2012 should be used for exchange of information between member states , while operators of transport companies should also be able to submit and update all relevant documents , including the declaration , to the imi system . standardized forms of documents together with specific non - burdensome administrative and control requirements should also be established in the road transport sector , taking full advantage of control tools such as the digital tachograph .


### these checks shall cover each year a large and representative cross - section of mobile workers , drivers , undertakings and vehicles falling within the scope of regulations no 561 / 2006 and no 165 / 2014 and of mobile workers and drivers falling withing the scope of directive 2002 / 15 / ec . ; ### these checks shall cover each year a representative cross - section of mobile workers , drivers , undertakings and vehicles falling , where relevant and justified , within the scope of regulations no 561 / 2006 and no 165 / 2014 and of mobile workers and drivers falling within the scope of directive 2002 / 15 / ec . checks of compliance with the provisions of directive 2002 / 15 / ec shall be carried out solely at the premises of undertakings or digitally , via the imi system . '


### ' these checks shall cover each year a large and representative cross - section of mobile workers , drivers , undertakings and vehicles falling within the scope of regulations no 561 / 2006 and no 165 / 2014 and of mobile workers and drivers falling withing the scope of directive 2002 / 15 / ec . ' ; ### ' these checks shall cover each year a large and representative cross - section of mobile workers , drivers , undertakings and vehicles falling within the scope of regulations no 561 / 2006 and no 165 / 2014 and of mobile workers and drivers falling within the scope of directive 2002 / 15 / ec ; measures shall be taken to verify compliance with the rules in accordance with directive 2002 / 15 / ec on the premises of undertakings . '


### checks at premises shall be planned in the light of past experience in relation to the various types of transport and undertakings . they shall also be carried out if serious infringements of regulation no 561 / 2006 or no 165 / 2014 or directive 2002 / 15 / ec have been detected at the roadside . ; ### checks at premises shall be planned in the light of past alleged experience of non - compliant practices in relation to the various types of transport and undertakings . they shall also be carried out if serious infringements of regulation no 561 / 2006 or no 165 / 2014 or directive 2002 / 15 / ec have been detected . checks of weekly working times as set out in directive 2002 / 15 / ec shall be carried out only at the premises or digitally , via the imi system ' ;


### checks at premises shall be planned in the light of past experience in relation to the various types of transport and undertakings . they shall also be carried out if serious infringements of regulation no 561 / 2006 or no 165 / 2014 or directive 2002 / 15 / ec have been detected at the roadside . ; ### checks at premises shall be planned in the light of past experience in relation to the various types of transport and undertakings . they shall also be carried out if serious infringements of regulations no 561 / 2006 and no 165 / 2014 have been detected at the roadside .


### amendments to the annexes which are necessary to adapt them to developments in best practice shall be adopted in accordance with the procedure referred to in article 12 . ### article 15 is replaced by the following : ' the commission is empowered to adopt delegated acts in accordance with article 15a amending annexes i and ii to introduce necessary adaptations to developments in best practice . '


### member states may only impose the following administrative requirements and control measures : ### by way of derogation from article 9 of directive 2014 / 67 / eu member states may only impose the following administrative requirements and control measures at the premises of undertakings in connection with the provision of article 2 : - the obligation of the road transport operator to include and update on the digital platform referred to in article 8 of directive 2006 / 22 / ec the information listed in article 2 ; - the obligation of the member states competent control authorities to use the digital platform mentioned in article 8 of directive 2006 / 22 / ec ; the following information shall be provided , before the commencement of the activities concerned , by the road operator on the digital platform referred to in article 8 of directive 2006 / 22 / ec :


### member states may only impose the following administrative requirements and control measures : ### by way of derogation from article 9 and of directive 2014 / 67 / eu , member states may only impose the following administrative requirements and control measures :


### member states may only impose the following administrative requirements and control measures : ### by way of derogation from article 9 of directive 2014 / 67 / eu member states may only impose the following administrative requirements and control measures :


### member states shall adopt and publish , by [ … ] [ the time limit for transposition will be as short as possible and , generally , will not exceed two years ] at the latest , the laws , regulations and administrative provisions necessary to comply with this directive . they shall forthwith communicate to the commission the text of those provisions . ### member states shall adopt and publish , by . . . [ three years from the entry into force of this directive ] , the laws , regulations and administrative provisions necessary to comply with this directive . they shall forthwith communicate to the commission the text of those provisions .


### member states shall adopt and publish , by [ … ] [ the time limit for transposition will be as short as possible and , generally , will not exceed two years ] at the latest , the laws , regulations and administrative provisions necessary to comply with this directive . they shall forthwith communicate to the commission the text of those provisions . ### member states shall adopt and publish the laws , regulations and administrative provisions necessary to comply with this directive in the same time frame as that set out under article 2 of the legislative act amending directive 96 / 71 / ec . they shall forthwith communicate to the commission the text of those provisions .


### health research and innovation research and innovation have played a significant part in this achievement but also in improving productivity and quality in the health and care industry . however , the eu continues to face novel , newly emerging or persisting challenges that are threatening its citizens and public health , the sustainability of its health care and social protection systems , as well as the competitiveness of its health and care industry . major health challenges in the eu include : the lack of effective health promotion and disease prevention ; the rise of non - communicable diseases ; the spread of antimicrobial drug resistance and the emergence of infectious epidemics ; increased environmental pollution ; the persistence of health inequalities among and within countries affecting disproportionally people that are disadvantaged or in vulnerable stages of life ; the detection , understanding , control , prevention and mitigation of health risks in a rapidly changing social , urban and natural environment ; the increasing costs for european health care systems and the progressive introduction of personalised medicine approaches and digitalisation in health and care ; and the increasing pressure on the european health and care industry to remain competitive in and by developing health innovation vis - a - vis new and emerging global players . ### health research and innovation including product development have played a significant part in this achievement but also in improving productivity and quality in the health and care industry however , the eu continues to face novel , newly emerging or persisting challenges that are threatening its citizens and public health , the sustainability of its health care and social protection systems , as well as the competitiveness of its health and care industry . major health challenges in the eu include : the lack of effective health promotion and disease prevention ; the rise of non - communicable diseases ; the spread of antimicrobial drug resistance and the emergence of infectious epidemics ; increased environmental pollution ; the persistence of health inequalities among and within countries affecting disproportionally people that are disadvantaged or in vulnerable stages of life ; the detection , understanding , control , prevention and mitigation of health risks in a rapidly changing social , urban and natural environment ; the increasing costs for european health care systems and the progressive introduction of personalised medicine approaches and digitalisation in health and care ; and the increasing pressure on the european health and care industry to remain competitive in and by developing health innovation vis - a - vis new and emerging global players .


### ‘ tender’ means a ship - carried boat used for transferring more than 12 passengers from a stationary passenger ship to shore and back ; ### ‘ tender’ means a ship - carried boat used for transferring more than 12 passengers from a stationary passenger ship to shore and back , within the meaning of the imo guidelines msc . 1 / circ . 1417 ;


### a port state may inspect a passenger ship or a high - speed passenger craft , when engaged on domestic voyages , and audit its documentation , in accordance with the provisions of directive 2009 / 16 / ec of the european parliament and of the council* . ### a port state may inspect a passenger ship , a ro - ro ferry or a high - speed passenger craft , when engaged on domestic voyages , and audit its documentation , in accordance with the provisions of directive 2009 / 16 / ec of the european parliament and of the council* .


### in the absence of harmonisation of union law , the definition of the connecting factor that determines the national law applicable to a company or firm falls , in accordance with article 54 of the tfeu , within the competence of each member state to so define . article 54 of the tfeu places the factor of the registered office , the central administration and the principal place of business of a company or firm at the same degree of connection . therefore , as clarified in case - law42 , where the member state of new establishment , namely the destination member state , requires only the transfer of the registered office as a connecting factor for the existence of a company under its national legislation , the fact that only the registered office is transferred does not as such exclude the applicability of the freedom of establishment under article 49 of the tfeu . the choice of the specific form of company in cross - border mergers , conversions and divisions or the choice of a member state of establishment are inherent in the exercise of the freedom of establishment guaranteed by the tfeu as part of a single market . __________________ 42 judgment of the court of justice of 25 october 2017 , polbud – wykonawstwo , c - 106 / 16 , ecli : eu : c : 2017 : 804 , paragraph 29 . ### in the absence of harmonisation of union law , the definition of the connecting factor that determines the national law applicable to a company or firm falls , in accordance with article 54 of the tfeu , within the competence of each member state to so define . __________________ 42 judgment of the court of justice of 25 october 2017 , polbud – wykonawstwo , c - 106 / 16 , ecli : eu : c : 2017 : 804 , paragraph 29 .


### the right to convert an existing company formed in a member state into a company governed by another member state may in certain circumstances be used for abusive purposes such as for the circumvention of labour standards , social security payments , tax obligations , creditors ' , minority shareholders ' rights or rules on employees participation . in order to combat such possible abuses , a general principle of union law , member states are required to ensure that companies do not use the cross - border conversion procedure in order to create artificial arrangements aimed at obtaining undue tax advantages or at unduly prejudicing the legal or contractual rights of employees , creditors or members . in so far as it constitutes a derogation from a fundamental freedom , the fight against abuses must be interpreted strictly and be based on an individual assessment of all relevant circumstances . a procedural and substantive framework which describes the margin of discretion and allows for the diversity of approach by member states whilst at the same time setting out the requirements to streamline the actions to be taken by national authorities to fight abuses in conformity with union law should be laid down . ### the right to convert an existing company formed in a member state into a company governed by another member state may in certain circumstances be used for abusive purposes such as for the circumvention of labour standards , social security payments , tax obligations , creditors ' , minority shareholders ' rights or rules on employees participation . in order to combat such possible abuses , a general principle of union law , member states , after an examination of specific cases and having regard to all relevant facts and circumstances , are required to ensure that companies do not use the cross - border conversion through abuse of law or fraudulent act . in so far as it constitutes a derogation from a fundamental freedom , the fight against abuses must be interpreted strictly and be based on an individual assessment of all relevant circumstances . in its judgement on the polbud1a case , the european court of justice reconfirmed its previous jurisprudence whereby the fact that either the registered office or real head office of a company was established in accordance with the legislation of a member state for the purpose of enjoying the benefit of more favourable legislation does not , in itself , constitute abuse . therefore a procedural and substantive framework which describes the margin of discretion and allows for the diversity of approach by member states whilst at the same time setting out the requirements to streamline the actions to be taken by national authorities to fight abuses in conformity with union law should be laid down . __________________ 1a polbud – wykonawstwo , case c - 106 / 16 , ecli : eu : c : 2017 : 804 .


### in order to provide information to its employees , the company carrying out the cross - border conversion should prepare a report explaining the implications of the proposed cross - border conversion for employees . the report should explain in particular the implications of the proposed cross - border conversion on the safeguarding of the jobs of the employees , whether there would be any material change in the employment relationships and the locations of the companies’ places of business and how each of these factors would relate to any subsidiaries of the company . this requirement should not however apply where the only employees of the company are in its administrative organ . the provision of the report should be without prejudice to the applicable information and consultation proceedings instituted at national level following the implementation of directive 2002 / 14 / ec of the european parliament and of the council43 or directive 2009 / 38 / ec of the european parliament and of the council44 . __________________ 43 directive 2002 / 14 / ec of the european parliament and of the council of 11 march 2002 establishing a general framework for informing and consulting employees in the european community . 44 directive 2009 / 38 / ec of the european parliament and of the council of 6 may 2009 on the establishment of a european works council or a procedure in community - scale undertakings and community - scale groups of undertakings for the purposes of informing and consulting employees . ### in order to provide information to its employees , the company carrying out the cross - border conversion should prepare a report explaining the implications of the proposed cross - border conversion for employees . in order to avoid duplications , companies may decide to combine this report with the report addressed to the members . the report should explain in particular the implications of the proposed cross - border conversion on the safeguarding of the jobs of the employees , whether there would be any material change in the employment relationships and the locations of the companies’ places of business and how each of these factors would relate to any subsidiaries of the company . this requirement should not however apply where the only employees of the company are in its administrative organ . the provision of the report should be without prejudice to the applicable information and consultation proceedings instituted at national level following the implementation of directive 2002 / 14 / ec of the european parliament and of the council43 or directive 2009 / 38 / ec of the european parliament and of the council44 while not causing any duplication of reporting requirements . __________________ 43 directive 2002 / 14 / ec of the european parliament and of the council of 11 march 2002 establishing a general framework for informing and consulting employees in the european community . 44 directive 2009 / 38 / ec of the european parliament and of the council of 6 may 2009 on the establishment of a european works council or a procedure in community - scale undertakings and community - scale groups of undertakings for the purposes of informing and consulting employees .


### the evaluation of the implementation of the cross - border merger rules in member states has shown that the number of cross - border mergers in the union has significantly increased . however , this evaluation has also revealed certain shortcomings in relation specifically to creditor protection and shareholder protection as well as to the lack of simplified procedures which impede the full effectiveness and efficiency of those cross - border merger rules . ### the evaluation of the implementation of the cross - border merger rules in member states has shown that the number of cross - border mergers in the union has significantly increased . however , this evaluation has also revealed certain shortcomings in relation specifically to creditor protection and shareholder protection as well as to the lack of simplified procedures which impede the full effectiveness and efficiency of those cross - border merger rules . while no available data could conclusively establish that the employee participation procedure was inefficient , the evaluation revealed that companies considered it too complex and leading to unnecessary costs and delays within the merger .


### in order to further enhance the existing cross - border merger procedure , it is necessary to simplify those merger rules , where appropriate , whilst at the same time ensuring that stakeholders , and in particular employees , are adequately protected . therefore , the existing cross - border merger rules should be modified in order to oblige the management or administrative organs of the merging companies to prepare separate reports detailing the legal and economic aspects of the cross - border merger for both members and for employees . the obligation on the management or administrative organ of the company to prepare the report for the members may however be waived , where those members are already informed about legal and economic aspects of the proposed merger . however , the report prepared for employees may only be waived where the merging companies and their subsidiaries do not have any employees other than those who form part of the management or administrative organ . ### in order to further enhance the existing cross - border merger procedure , it is necessary to simplify those merger rules , where appropriate , whilst at the same time ensuring that shareholders , creditors and employees are adequately protected . therefore , the existing cross - border merger rules should be modified in order to oblige the management or administrative organs of the merging companies to prepare separate reports detailing the legal and economic aspects of the cross - border merger for both members and for employees . the obligation on the management or administrative organ of the company to prepare the report for the members may however be waived , where those members are already informed about legal and economic aspects of the proposed merger . however , the report prepared for employees may only be waived where the merging companies and their subsidiaries do not have any employees other than those who form part of the management or administrative organ .


### furthermore , in order to enhance the protection afforded to the employees of the merging company or companies , employees or their representatives may provide their opinion on the company report setting out the implications of the cross - border merger for them . the provision of the report should be without prejudice to the applicable information and consultation proceedings instituted at national level following the implementation of council directive 2001 / 23 / ec48 , directive 2002 / 14 / ec or directive 2009 / 38 / ec . __________________ 48 council directive 2001 / 23 / ec of 12 march 2001 on the approximation of the laws of the member states relating to the safeguarding of employees ' rights in the event of transfers of undertakings , businesses or parts of undertakings or businesses . ### furthermore , in order to enhance the protection afforded to the employees of the merging company or companies , employees or their representatives may provide their opinion on the company report setting out the implications of the cross - border merger for them . the provision of the report should be without prejudice to the applicable information and consultation proceedings instituted at national level following the implementation of council directive 2001 / 23 / ec48 , directive 2002 / 14 / ec or directive 2009 / 38 / ec . in order to avoid duplications , companies may decide to combine this report with the report detailing the legal and economic aspects of the cross - border merger . __________________ 48 council directive 2001 / 23 / ec of 12 march 2001 on the approximation of the laws of the member states relating to the safeguarding of employees ' rights in the event of transfers of undertakings , businesses or parts of undertakings or businesses .


### given the complexity of cross - border divisions and the multitude of the interests concerned , it is appropriate to provide for an ex - ante control in order to create legal certainty . to that effect , a structured and multi - layered procedure should be set out whereby both the competent authorities of the member state of the company being divided and of the member state of the recipient companies ensure that a decision on the approval of a cross - border division is taken in a fair , objective and non - discriminatory manner on the basis of all relevant elements and by taking into account all legitimate public interests , in particular the protection of employees , shareholders and creditors . ### given the complexity of cross - border divisions and the multitude of the interests concerned , it is appropriate to provide for an ex - ante and ex - post control in order to create legal certainty . to that effect , a structured and multi - layered procedure should be set out whereby both the competent authorities of the member state of the company being divided and of the member state of the recipient companies ensure that a decision on the approval of a cross - border division is taken in a fair , objective and non - discriminatory manner on the basis of all relevant elements and by taking into account all legitimate public interests , in particular the protection of employees , shareholders and creditors .