### an operating air carrier shall not be obliged to pay compensation in accordance with article 7 , if it can prove that the delay or change of schedule is caused by extraordinary circumstances and that the delay or change of schedule could not have been avoided even if all reasonable measures had been taken . such extraordinary circumstances can only be invoked insofar they affect the flight concerned or the previous flight operated by the same aircraft . ### an operating air carrier shall not be obliged to pay compensation in accordance with article 7 if it can prove that two conditions are fulfilled : – the delay or change of schedule is caused by extraordinary circumstances , and – that the delay or change of schedule could not have been avoided even if all measures had been correctly taken . where technical defaults are invoked , such extraordinary circumstances can only be invoked in so far as they affect the flight concerned or the previous flight operated by the same aircraft .


### subject to safety constraints , where a tarmac delay exceeds one hour , the operating air carrier shall provide free of charge access to toilet facilities and drinking water , shall ensure adequate heating or cooling of the passenger cabin , and shall ensure that adequate medical attention is available if needed . where a tarmac delay reaches a maximum of five hours , the aircraft shall return to the gate or another suitable disembarkation point where passengers shall be allowed to disembark and to benefit from the same assistance as specified in paragraph 1 , unless there are safety - related or security - related reasons why the aircraft cannot leave its position on the tarmac . ### subject to safety constraints , where a tarmac delay exceeds one hour , the operating air carrier shall provide free of charge access to toilet facilities and drinking water , shall ensure adequate heating or cooling of the passenger cabin , and shall ensure that adequate medical attention is available if needed . where a tarmac delay reaches a maximum of two hours , the aircraft shall return to the gate or another suitable disembarkation point where passengers shall be allowed to disembark , unless there are safety - related or security - related reasons why the aircraft cannot leave its position on the tarmac . after a total delay of more than 3 hours from the initial departing time , passengers benefit from the same assistance as specified in paragraph 1 , including the option of reimbursement , return flight and rerouting , as specified in article 8 and they shall be informed accordingly .


### regulation no 261 / 2004 should explicitly include the right to compensation for passengers suffering long delays , in line with the judgement of the european court of justice in the joined cases c - 402 / 07 and c - 432 / 07 . at the same time , the thresholds above which delays give rise to a right to compensation should be increased to take account of the financial impact on the sector and to avoid any increase in the frequency of cancellations as a consequence . to ensure that citizens travelling within the eu face homogenous conditions for compensation , the threshold should be the same for all travel within the union , but it should depend upon the journey distance for travel to and from third countries to take into account the operational difficulties encountered by air carriers to deal with delays on remote airports . ### regulation no 261 / 2004 should explicitly include the right to compensation for passengers suffering long delays , in line with the judgement of the european court of justice in the joined cases c - 402 / 07 and c - 432 / 07 sturgeon . to ensure that citizens travelling within the union face homogenous conditions for compensation , the threshold should be the same for all travel within the union , but it should depend upon the journey distance for travel to and from third countries to take into account the operational difficulties encountered by air carriers in dealing with delays at remote airports .


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


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


### in order to improve levels of protection , passengers should not be denied boarding on the return journey of a two - way ticket because they have not taken the outward journey . ### in order to improve levels of protection , passengers must not be denied boarding on the return journey of a two - way ticket because they have not taken the outward journey .


### “airport managing body” means a body which , in conjunction with other activities or not as the case may be , has as its objective under national laws , regulations or contracts the administration and management of the airport or airport network infrastructures and the coordination and control of the activities of the different operators present in the airports or airport network concerned ; ### «airport managing body» means a body which , in conjunction with other activities or not as the case may be , has as its objective under national laws , regulations or contracts the administration and management of the airport or airport network infrastructures and the coordination of the different operators present in the airports or airport network concerned ;


### where the passenger , or an intermediary acting on behalf of the passenger , reports a spelling mistake in the name of one or several passengers included in the same contract of carriage that may lead to a denial of boarding , the air carrier shall correct this at least once up until 48 hours before departure without any additional charge to the passenger or the intermediary , except where it is prevented from doing so by national or international law . ### where the passenger , or an intermediary acting on behalf of the passenger , reports a spelling mistake in the name , or an error in the title , of one or several passengers included in the same contract of carriage that may lead to a denial of boarding , the air carrier shall correct this at least once up until 48 hours before departure without any additional charge to the passenger or the intermediary , except where it is prevented from doing so by national or international law . '


### where the passenger , or an intermediary acting on behalf of the passenger , reports a spelling mistake in the name of one or several passengers included in the same contract of carriage that may lead to a denial of boarding , the air carrier shall correct this at least once up until 48 hours before departure without any additional charge to the passenger or the intermediary , except where it is prevented from doing so by national or international law . ### where the passenger , or an intermediary acting on behalf of the passenger , reports a spelling mistake in the name of one or several passengers included in the same contract of carriage that may lead to a denial of boarding , the air carrier shall correct this at least once up until 24 hours before departure without any additional charge to the passenger or the intermediary , except where it is prevented from doing so by national or international law .


### in case c - 139 / 11 , the european court of justice clarified that the time - limits for bringing actions for compensation are determined in accordance with the national rules of each member state . ### in case c - 139 / 11 moré v klm , the court of justice clarified that the time - limits for bringing actions for compensation are determined in accordance with the national rules of each member state . as regards out - of - court settlements , time - limits are determined in accordance with directive 2013 / 11 / eu of the european parliament and of the council on alternative dispute resolution for consumer disputes and amending regulation no 2006 / 2004 and directive 2009 / 22 / ec 1 . _________________________ 1 oj l 165 , 18 . 6 . 2013 , p . 65 .


### airports and airport users such as air carriers and ground handling companies should cooperate to minimise the impact of multiple flight disruptions on passengers by ensuring their care and rerouting . to this end , they should prepare contingency plans for such occurrences and work together in the development of such plans . ### the airport managing body and airport users such as air carriers , ground handling companies and navigation service providers should cooperate to minimise the impact of multiple flight disruptions on passengers by ensuring their care and re - routing . to this end they should prepare contingency plans for such occurrences and work together with national , regional or local authorities in the development of such plans . existing contingency plans should if necessary be adapted accordingly .


### whilst air carriers have full commercial freedom to establish the conditions under which they permit baggage to be carried , they shall clearly indicate , at booking and at the check - in desks , the maximum baggage allowance passengers are permitted to carry within the cabin and hold of the aircraft on each of the flights included within a passenger ' s reservation , including any restrictions on the number of items that would be applied within a given maximum baggage allowance . where additional charges are applied for the carriage of baggage air carriers shall clearly indicate details of those charges at booking and on request at the airport . ### air carriers shall clearly indicate , prior to final booking , in all distribution channels including computerised reservation systems , and at the check - in desks , the maximum baggage allowance passengers are permitted to carry within the cabin and hold of the aircraft on each of the flights included within a passenger ' s reservation , including any restrictions on the number of items that will be applied within a given maximum baggage allowance and details of additional charges applicable for the carriage of baggage . regardless of the distribution channel , items attracting additional charges must be capable of being purchased together with the core travel service .


### where the passenger , or an intermediary acting on behalf of the passenger , reports a spelling mistake in the name of one or several passengers included in the same contract of carriage that may lead to a denial of boarding , the air carrier shall correct this at least once up until 48 hours before departure without any additional charge to the passenger or the intermediary , except where it is prevented from doing so by national or international law . ’ ### where the passenger , or an intermediary acting on behalf of the passenger , reports spelling mistakes in the name of one or several passengers included in the same contract of carriage that may lead to a denial of boarding , the air carrier shall correct those mistakes at least once up until 48 hours before departure without any additional charge to the passenger or the intermediary , except where it is prevented from doing so by national or international law . ’


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


### given the short deadlines for the submission of complaints for lost , damaged or delayed baggage , air carriers should give passengers the possibility to submit a complaint by providing a complaint form at the airport . this could also take the form of the common property irregularity report . ### given the short deadlines for the submission of complaints for lost , damaged or delayed baggage , a special baggage claim service should be set up at all airports where passengers have the possibility to submit a complaint upon arrival . for this purpose , air carriers should provide a complaint form to passengers . this could also take the form of the common property irregularity report . a union - wide standardised claim form should be set out in annex 2a to this regulation .


### air carriers currently face unlimited liability for the accommodation of their passengers in the case of extraordinary circumstances of long duration . this uncertainty linked with the absence of any foreseeable limit in time may risk endangering a carrier’s financial stability . an air carrier should therefore be able to limit the provision of care after a certain duration of time . moreover , contingency planning and speedy rerouting should lessen the risk of passengers being stranded for long periods . ### air carriers currently face unlimited liability for the accommodation of their passengers in the case of extraordinary circumstances of long duration . an air carrier should , however , be able to limit the provision of care as regards the costs of accommodation and , in cases where passengers arrange the accommodation themselves , as regards costs and care after a certain duration of time . moreover , contingency planning and speedy re - routing should lessen the risk of passengers being stranded for long periods .


### at the time of reservation , air carriers shall provide information to passengers on their claim and complaint handling processes in relation to the rights set out in this regulation and on the relevant contact addresses , to which passengers can submit claims and complaints , including via electronic means of transmission . the air carrier shall also inform passengers of the body or bodies competent for handling passenger complaints . ### air carriers shall provide information to passengers on their claim and complaint handling processes and the relevant time - limits under paragraph 2 of this article , in relation to the rights set out in this regulation , and on the relevant contact addresses to which passengers can submit claims and complaints , including via electronic means of transmission . the air carrier and , if relevant , the organiser shall also inform passengers of the body or bodies competent for handling passenger complaints , as designated by member states under this article and article 16 . the relevant information shall be given at the time of booking , shall be accessible to all , shall be clearly indicated in the passenger ' s ticket and on the air carrier ' s websites , and shall be handed out at the air carrier ' s desks at airports . a complaint form shall be provided to passengers .


### in order to ensure that the damage to or loss of mobility equipment is compensated to its full value , air carriers should offer free of charge to persons with reduced mobility the opportunity to make a special declaration of interest , which pursuant to the montreal convention , allows them to seek full compensation for loss or damage . ### in order to ensure that the damage to or loss of mobility equipment is compensated to its full value , air carriers should offer free of charge to persons with reduced mobility the opportunity to make a special declaration of interest , which pursuant to the montreal convention , allows them to seek full compensation for loss or damage . air carriers should inform passengers of this declaration and the rights attaching to it whenever they make a ticket booking .


### when an operating air carrier reasonably expects to deny boarding on a flight , it shall first call for volunteers to surrender their reservations in exchange for benefits under conditions to be agreed between the passenger concerned and the operating air carrier . volunteers shall be assisted in accordance with article 8 , such assistance being additional to the benefits mentioned in this paragraph . ' ### article 4 is replaced by the following : when an operating air carrier reasonably expects to deny boarding on a flight , it shall first call for volunteers to surrender their reservations in exchange for benefits under conditions to be agreed between the passenger concerned and the operating air carrier . volunteers shall be informed about their rights according to article 14 . 2 , assisted in accordance with article 8 and where the agreed departure time is at least two hours after the initial departure time , the operating carrier shall offer the passenger care in accordance with article 9 , such assistance and care being additional to the benefits mentioned in this paragraph . '


### «connecting flight» means a flight which , under a single contract of carriage , is intended to enable the passenger to arrive at a transfer point in order to depart on another flight , or , where appropriate in the context , means that other flight departing from the transfer point ; ### ‘ connecting flight’ means a flight which , under a single contract of carriage and on the basis of a single reservation , is intended to enable the passenger to arrive at a transfer point in order to depart on another flight , or , in the context of article 6a , means that other flight departing from the transfer point ;


### paragraphs 1 and 2 apply also to third country air carriers operating a connecting flight to or from an eu airport . ’ ### paragraphs 1 and 2 also apply to third - country air carriers operating a connecting flight from an airport within the union to another airport within the union , or from an airport within the union to an airport outside the union . ’


### an operating air carrier shall not be obliged to pay compensation in accordance with article 7 if it can prove that the cancellation is caused by extraordinary circumstances and that the cancellation could not have been avoided even if all reasonable measures had been taken . such extraordinary circumstances can only be invoked insofar they affect the flight concerned or the previous flight operated by the same aircraft . ### an operating air carrier shall not be obliged to pay compensation in accordance with article 7 if it can prove that the cancellation is caused by extraordinary circumstances and that the cancellation could not have been avoided even if all reasonable measures had been taken . such extraordinary circumstances can only be invoked insofar they affect the flight concerned or other flights on the airline’s schedule the cancellation of which is proven by the airline to have been caused directly by the extraordinary circumstances in question .


### at present , passengers are sometimes penalised for spelling errors in their names by the application of punitive administrative fees . reasonable corrections of booking errors should be provided free of charge provided they do not imply a change of times , date , itinerary or passenger . ### at present , passengers are sometimes penalised for spelling errors in their names by the application of punitive administrative fees . corrections of booking errors should be provided free of charge provided they do not imply a change of times , date , itinerary or passenger .


### the community air carrier shall provide a complaint form at the airport which allows the passenger to immediately submit such a complaint about damaged or delayed baggage . such a complaint form , which may take the form of a property irregularity report , shall be accepted by the air carrier at the airport as a complaint pursuant to article 31 of the montreal convention . this possibility shall not affect the right of the passenger to submit a complaint via other means within the deadlines given by the montreal convention . ### at all airports , the airport managing body shall set up a service to provide passengers with a complaint form which allows them to immediately submit a complaint about damaged or delayed baggage upon arrival . such a complaint form , which may take the form of a property irregularity report , shall be accepted by the air carrier at the airport as a complaint pursuant to article 31 of the montreal convention . this possibility shall not affect the right of passengers to submit a complaint via other means within the deadlines prescribed by the montreal convention . a union wide harmonised claim form is set out in annex 2a to this regulation .


### ‘ «person with reduced mobility» means any person as defined in article 2 of regulation no 1107 / 2006 concerning the rights of disabled persons and persons with reduced mobility when travelling by air22 . ’ __________________ 22 oj l 204 , 26 . 7 . 2006 , p . 1 . ### ‘ «disabled person or person with reduced mobility» means any person as defined in article 2 of regulation no 1107 / 2006 concerning the rights of disabled persons and persons with reduced mobility when travelling by air . ’ __________________ 22 oj l 204 , 26 . 7 . 2006 , p . 1 .


### if the operating air carrier can prove that the cancellation , delay or change of schedule is caused by extraordinary circumstances and that the cancellation , delay or change of schedule could not have been avoided even if all reasonable measures had been taken , it may limit the total cost of accommodation provided according to paragraph 1 to eur 100 per night and per passenger and to a maximum of 3 nights . if the operating air carrier chooses to apply this limitation , it shall nevertheless provide the passengers with information about available accommodation after the three nights , in addition to the continued obligations for information specified in article 14 . ### if the operating air carrier can prove that the cancellation , delay or change of schedule is caused by extraordinary circumstances and that the cancellation , delay or change of schedule could not have been avoided even if all reasonable measures had been taken correctly , it may limit the accommodation provided according to paragraph 1 to eur 125 per night and per passenger , if the passenger decides to arrange his own accommodation . this shall at all events be without prejudice to the obligation of operating air carriers to provide accommodation , and the carrier shall comply with this obligation as a priority , in addition to the continued obligations for information specified in article 14 . this limitation shall not apply where the air carrier failed to provide the accommodation .


### air traffic management restrictions or closure of airspace or an airport ; ### unforeseen air traffic management restrictions or the unforeseen closure of airspace or an airport ;


### whenever passengers are offered , pursuant to paragraph 1 , a total or partial rerouting by another mode of transport , this regulation shall apply to the transport carried out by that other mode of transport as if it were carried out by fixed wing aircraft . ### whenever passengers are offered , pursuant to paragraph 1 , a total or partial re - routing by another mode of transport , article 6a shall apply to the transport carried out by that other mode of transport in accordance with the re - routing agreements in place between the operating airline and the other mode of transport .


### an operating air carrier shall not be obliged to pay compensation in accordance with article 7 if it can prove that the cancellation is caused by extraordinary circumstances and that the cancellation could not have been avoided even if all reasonable measures had been taken . such extraordinary circumstances can only be invoked in so far they affect the flight concerned or the previous flight operated by the same aircraft . ### an operating air carrier shall not be obliged to pay compensation in accordance with article 7 if it can prove that two conditions are fulfilled : – that the cancellation of schedule is caused by extraordinary circumstances , and – that the cancellation or change of schedule could not have been avoided even if all reasonable measures had been correctly taken . such extraordinary circumstances can only be invoked in so far they affect the flight concerned or the previous flight operated by the same aircraft . '


### ‘ 4 . paragraphs 1 , 2 and 3 shall also apply to return tickets where the passenger is denied boarding at the return journey on the grounds that he / she did not take the outward journey or did not pay an additional charge for this purpose . ### ‘ 4 . passengers shall not be denied boarding at the return journey on the grounds that he / she did not take the outward journey of a return ticket or did not pay an additional charge for this purpose . if boarding is denied to passengers against their will on such grounds , paragraphs 1 and 2 shall apply . in addition , the operating air carrier shall immediately compensate the passengers concerned in accordance with article 7 and shall assist them in accordance with articles 8 and 9 .


### in order to improve levels of protection , passengers should not be denied boarding on the return journey of a two - way ticket because they have not taken the outward journey . ### in order to improve levels of protection , passengers must not be denied boarding on the return journey of a two - way ticket because they have not taken the outward journey . however , the new provision should not apply where the ticket includes more than the outbound and return ticket and passengers have not used the flights in the agreed sequence as shown in the ticket .


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


### ‘ 6 . this regulation shall also apply to passengers transported according to package travel contracts but shall not affect the rights of passengers under council directive 90 / 314 / eec . the passenger shall be entitled to present claims under this regulation and under council directive 90 / 314 / eec , but may not in relation to the same facts cumulate rights under both legal acts if the rights safeguard the same interest or have the same objective . this regulation shall not apply in cases where a package tour is cancelled or delayed for reasons other than cancellation or delay of the flight . ’ ### ‘ 6 . this regulation shall also apply to air passengers transported according to package travel contracts but shall not affect the rights of passengers under council directive 90 / 314 / eec . the passenger shall be entitled to present claims under this regulation to the air carrier and under council directive 90 / 314 / eec to the organiser , but may not in relation to the same facts cumulate rights under both legal acts if the rights safeguard the same interest or have the same objective . this regulation shall not apply in cases where a package tour is cancelled or delayed for reasons other than cancellation or delay of the flight . ’


### in accordance with relevant eu and national law , each member state shall designate a national body or bodies responsible for the out - of - court resolution of disputes between air carriers and passengers with regard to the rights covered by this regulation . ### member states shall ensure that air passengers can submit disputes with air carriers concerning rights and obligations established by this regulation to independent , efficacious and efficient out - of - court resolution mechanisms . to that end , each member state shall designate a national body or bodies responsible for the out - of - court resolution of disputes between air carriers and passengers with regard to the rights and obligations covered by this regulation . for disputes falling within the scope of directive 2013 / 11 / eu , only that directive shall apply . air carriers shall adhere to the adr system provided for by directive 2013 / 11 / eu .


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


### in the case c - 22 / 11 , the european court decided that the concept of ‘ denied boarding’ must be interpreted as relating not only to cases where boarding is denied because of overbooking but also to those where boarding is denied on other grounds , such as operational reasons . given this confirmation , there is no reason to modify the current definition of “denied boarding” . ### in case c - 22 / 11 finnair , the court of justice decided that the concept of ‘ denied boarding’ must be interpreted as relating not only to cases where boarding is denied because of overbooking but also to those where boarding is denied on other grounds , such as operational reasons . the definition of “denied boarding” should cover cases where the scheduled time of departure has been changed to an earlier departure with the consequence that a passenger misses the flight .


### for the purpose of monitoring the protection of passengers with reduced mobility and disabled passengers in case of damage to their mobility equipment , the national enforcement body shall also examine and take account of the information on complaints concerning mobility equipment submitted to the bodies designated under article 16a of regulation 261 / 2004 . ### for the purpose of monitoring the protection of passengers with reduced mobility and disabled passengers in the event of damage to their mobility equipment or assistive devices , the national enforcement body shall also examine and take account of the information on complaints concerning mobility equipment submitted to the bodies designated under article 16a of regulation no 261 / 2004 .


### airports and airport users such as air carriers and ground handling companies should cooperate to minimise the impact of multiple flight disruptions on passengers by ensuring their care and rerouting . to this end , they should prepare contingency plans for such occurrences and work together in the development of such plans . ### the airport managing body and airport users such as air carriers , ground handling companies and navigation service providers should cooperate to minimise the impact of multiple flight disruptions on passengers by ensuring their care and re - routing . to this end they should prepare contingency plans for such occurrences and work together with national , regional or local authorities in the development of such plans . existing contingency plans should if necessary be adapted accordingly .


### passengers should be adequately informed about the relevant procedures for submitting claims and complaints to air carriers and should receive a reply within a reasonable time period . passengers should also have the option to complain about air carriers via out - of - court measures . however , since the right to an effective remedy before a tribunal is a fundamental right recognised in article 47 of the charter of fundamental rights of the european union , those measures should neither prevent nor hinder passengers ' access to courts . ### passengers should be adequately informed about the relevant procedures for submitting claims and complaints to air carriers and should have their attention drawn to the time limits applicable in this connection , particularly those laid down in article 16a . they should receive a reply within two months of the lodging of the claim or complaint . passengers should also have the option to complain about air carriers via out - of - court measures . since the right to an effective remedy before a tribunal is a fundamental right recognised in article 47 of the charter of fundamental rights of the european union , those measures should neither prevent nor hinder passengers ' access to courts . in order to process claims easily , quickly and cheaply in both judicial and extrajudicial procedures , reference should be made , in particular , to the online and alternative dispute resolution procedures and to the european small claims procedure .


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


### whilst air carriers have full commercial freedom to establish the conditions under which they permit baggage to be carried , they shall clearly indicate , at booking and at the check - in desks , the maximum baggage allowance passengers are permitted to carry within the cabin and hold of the aircraft on each of the flights included within a passenger ' s reservation , including any restrictions on the number of items that would be applied within a given maximum baggage allowance . where additional charges are applied for the carriage of baggage air carriers shall clearly indicate details of those charges at booking and on request at the airport . ### air carriers shall clearly indicate , prior to final booking , in all distribution channels including computerised reservation systems , and at the check - in desks , the maximum baggage allowance passengers are permitted to carry within the cabin and hold of the aircraft on each of the flights included within a passenger ' s reservation , including any restrictions on the number of items that will be applied within a given maximum baggage allowance and details of additional charges applicable for the carriage of baggage . regardless of the distribution channel , items attracting additional charges must be capable of being purchased together with the core travel service .


### «extraordinary circumstances» means circumstances which , by their nature or origin , are not inherent in the normal exercise of the activity of the air carrier concerned and are beyond its actual control . for the purposes of this regulation , extraordinary circumstances shall include the circumstances set out in the annex ; ### «extraordinary circumstances» means circumstances beyond the control of the air carrier concerned in the normal exercise of its activity and outside the obligations imposed by the relevant safety and security rules to be observed . for the purposes of this regulation , extraordinary circumstances shall include the circumstances set out in the annex ;


### ' ticket price ' means the full price paid for a ticket and including the air fare , and all applicable taxes , charges , surcharges and fees paid for all optional and non - optional services included in the ticket ; ### ' ticket price ' means the full price paid for a ticket and including the air fare , all applicable taxes , charges , surcharges and fees paid for all optional and non - optional services included in the ticket related to the air transport part of the journey .


### an operating air carrier shall not be obliged to pay compensation in accordance with article 7 if it can prove that the cancellation is caused by extraordinary circumstances and that the cancellation could not have been avoided even if all reasonable measures had been taken . such extraordinary circumstances can only be invoked in so far they affect the flight concerned or the previous flight operated by the same aircraft . ### an operating air carrier shall not be obliged to pay compensation in accordance with article 7 , if it can prove that the cancellation is caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken . such extraordinary circumstances can be invoked in so far they affect the flight concerned or any flight in the air carrier ' s program , as far as the air carrier is able to demonstrate the direct causal link between those circumstances and the cancellation .


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


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


### the community air carrier shall provide a complaint form at the airport which allows the passenger to immediately submit such a complaint about damaged or delayed baggage . such a complaint form , which may take the form of a property irregularity report , shall be accepted by the air carrier at the airport as a complaint pursuant to article 31 of the montreal convention . this possibility shall not affect the right of the passenger to submit a complaint via other means within the deadlines given by the montreal convention . ### at all airports , the airport managing body shall set up a service to provide passengers with a complaint form which allows them to immediately submit a complaint about damaged or delayed baggage upon arrival . such a complaint form , which may take the form of a property irregularity report , shall be accepted by the air carrier at the airport as a complaint pursuant to article 31 of the montreal convention . this possibility shall not affect the right of passengers to submit a complaint via other means within the deadlines prescribed by the montreal convention . a union wide harmonised claim form is set out in annex 2a to this regulation .


### an operating air carrier shall not be obliged to pay compensation in accordance with article 7 , if it can prove that the delay or change of schedule is caused by extraordinary circumstances and that the delay or change of schedule could not have been avoided even if all reasonable measures had been taken . such extraordinary circumstances can only be invoked insofar they affect the flight concerned or the previous flight operated by the same aircraft . ### an operating air carrier shall not be obliged to pay compensation in accordance with article 7 if it can prove that the two conditions laid down in article 5 have been fulfilled .


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


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


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


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


### ' 4 . if the operating air carrier can prove that the cancellation , delay or change of schedule is caused by extraordinary circumstances and that the cancellation , delay or change of schedule could not have been avoided even if all reasonable measures had been taken , it may limit the total cost of accommodation provided according to paragraph 1 to eur 100 per night and per passenger and to a maximum of 3 nights . if the operating air carrier chooses to apply this limitation , it shall nevertheless provide the passengers with information about available accommodation after the three nights , in addition to the continued obligations for information specified in article 14 . ### ' 4 . if the operating air carrier can prove that the cancellation , delay or change of schedule is caused by extraordinary circumstances and that the cancellation , delay or change of schedule could not have been avoided even if all reasonable measures had been taken , it may limit the total cost of accommodation provided according to paragraph 1 to eur 175 per night and per passenger and to a maximum of five nights . if the operating air carrier chooses to apply this limitation , it shall nevertheless provide the passengers with information about available accommodation after the five nights , in addition to the continued obligations for information specified in article 14 .


### life - threatening health risks or medical emergencies necessitating the interruption or deviation of the flight concerned ; ### health risks or medical emergencies necessitating the interruption or deviation of the flight concerned ;


### “flight price” means the value obtained by multiplying the ticket price by the ratio between the distance of the flight and the total distance of the journey covered by the ticket ; ### ‘ flight price’ means the value obtained by multiplying the ticket price by the ratio between the distance of the flight and the total distance of the journey covered by the ticket ; where a ticket price is not known , the value of any refund shall be the supplement paid for a premium seat on the flight ;


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


### « ticket price” means the full price paid for a ticket and including the air fare , and all applicable taxes , charges , surcharges and fees paid for all optional and non - optional services included in the ticket ; ### ‘ ticket price’ means the full price paid for a ticket , including the air fare and all applicable taxes , charges , surcharges and fees paid for all optional and non - optional services included in the ticket . the ticket price always includes costs for the check - in , the provision of the tickets and the issuing of the boarding card , the carrying of a minimum luggage allowance and essential items , as well as all costs related to payment , such as credit card costs ;


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


### whenever passengers are offered , pursuant to paragraph 1 , a total or partial rerouting by another mode of transport , this regulation shall apply to the transport carried out by that other mode of transport as if it were carried out by fixed wing aircraft . ### whenever passengers are offered , pursuant to paragraph 1 , a total or partial re - routing by another mode of transport , article 6a shall apply to the transport carried out by that other mode of transport in accordance with the re - routing agreements in place between the operating airline and the other mode of transport .


### the national enforcement body shall closely monitor compliance with the requirements of this regulation and take the measures necessary to ensure that the rights of passengers are respected . for this purpose , air carriers and airport managing bodies shall provide the relevant documents to the national enforcement body at its request . in order to carry out its functions , the national enforcement body shall also take account of the information submitted to it by the body designated under article 16a . it may also decide on enforcement actions based on individual complaints transmitted by the body designated under article 16a . ### the national enforcement body shall closely monitor compliance with the requirements of this regulation and take the measures necessary to ensure that the rights of passengers are respected . for this purpose , air carriers and airport managing bodies shall provide the relevant documents to the national enforcement body at its request . in order to carry out its functions , the national enforcement body shall also take account of the information submitted to it by the body designated under article 16a . it may also decide to impose penalties for the failure to fulfil the obligations set out by the body designated under article 16a on the basis of individual complaints transmitted by that body .


### an operating air carrier shall not be obliged to pay compensation in accordance with article 7 if it can prove that the cancellation is caused by extraordinary circumstances and that the cancellation could not have been avoided even if all reasonable measures had been taken . such extraordinary circumstances can only be invoked insofar they affect the flight concerned or the previous flight operated by the same aircraft . ### an operating air carrier shall not be obliged to pay compensation in accordance with article 7 if it can prove that the cancellation is caused by extraordinary circumstances and that the cancellation could not have been avoided despite taking all reasonable measures . such extraordinary circumstances in the case of a technical failure of the aircraft intended to operate a given flight can only be invoked when those circumstances occurred just prior to or on the flight in question , or on the flight immediately prior to that flight , in so far as they affect the flight in question .


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


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


### the community air carrier shall provide a complaint form at the airport which allows the passenger to immediately submit such a complaint about damaged or delayed baggage . such a complaint form , which may take the form of a property irregularity report , shall be accepted by the air carrier at the airport as a complaint pursuant to article 31 of the montreal convention . this possibility shall not affect the right of the passenger to submit a complaint via other means within the deadlines given by the montreal convention . ### at all airports , the airport managing body shall set up a service to provide passengers with a complaint form which allows them to immediately submit a complaint about damaged or delayed baggage upon arrival . such a complaint form , which may take the form of a property irregularity report , shall be accepted by the air carrier at the airport as a complaint pursuant to article 31 of the montreal convention . this possibility shall not affect the right of passengers to submit a complaint via other means within the deadlines prescribed by the montreal convention . a union wide harmonised claim form is set out in annex 2a to this regulation .


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


### for the purpose of monitoring the protection of passengers with reduced mobility and disabled passengers in case of damage to their mobility equipment , the national enforcement body shall also examine and take account of the information on complaints concerning mobility equipment submitted to the bodies designated under article 16a of regulation 261 / 2004 . ### for the purpose of monitoring the protection of passengers with reduced mobility and disabled passengers in the event of damage to their mobility equipment or assistive devices , the national enforcement body shall also examine and take account of the information on complaints concerning mobility equipment submitted to the bodies designated under article 16a of regulation no 261 / 2004 .


### «connecting flight» means a flight which , under a single contract of carriage , is intended to enable the passenger to arrive at a transfer point in order to depart on another flight , or , where appropriate in the context , means that other flight departing from the transfer point ; ### ‘ connecting flight’ means a flight which , under a single contract of carriage and on the basis of a single reservation , is intended to enable the passenger to arrive at a transfer point in order to depart on another flight , or , in the context of article 6a , means that other flight departing from the transfer point ;


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


### if the buyer is a trader : ### if the buyer is a trader , the buyer’s right to rely on lack of conformity shall be subject to the requirements of examination and notification set out in section 7 of this chapter .


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


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


### ‘ service provider’ means a seller of goods or supplier of digital content who undertakes to provide a customer with a service related to those goods or that digital content ; ### ‘ service provider’ means a trader who undertakes to provide a related service ;


### possess such qualities and performance capabilities as the buyer may expect . when determining what the consumer may expect of the digital content regard is to be had to whether or not the digital content was supplied in exchange for the payment of a price . ### possess such qualities and performance capabilities as the buyer may reasonably expect . when determining what the consumer may expect of the digital content regard is to be had to whether or not the digital content was supplied in exchange for the payment of a price .


### all emissions from flights to and from countries outside the european economic area in 2013 ; ### all emissions from flights to and from countries outside the european economic area until 2020 ;


### all emissions from flights to and from countries outside the european economic area in 2013 ; ### 3a to 3g , 11a , 12 &#8211 ; 16 , 18a , 18b and 25a ;


### emissions from flights to and from countries outside the european economic area in each calendar year between 2014 and 2020 where the operator of such flights has surrendered allowances in respect of the percentages of their verified emissions from those flights listed in accordance with annex iic , or calculated in accordance with paragraph 6 ; ### emissions from flights to and from countries outside the european economic area in each calendar year between 2017 and 2020 where , to reflect the proportion of the flights that take place within european airspace , the operator of such flights has surrendered allowances in respect of the percentages of their verified emissions from those flights listed in accordance with annex iic , or calculated in accordance with paragraph 6 ;


### whereas : the union is endeavouring to secure a future international agreement to control greenhouse gas impacts from aviation and , in the meantime , is limiting climate change impacts from aviation activities to and from aerodromes in the union by autonomous action . in order to ensure that these objectives are mutually supportive and not in conflict , it is appropriate to take account of developments at and positions taken in international fora and in particular to take account of the resolution containing the ' consolidated statement of continuing icao policies and practices related to environmental protection ' adopted at the 38th session of the assembly of the international civil aviation organisation . ### whereas : the union is endeavouring to secure a future international agreement to control greenhouse gas impacts from aviation , in the meantime it is appropriate to take account of developments at and positions taken in international fora and in particular to take account of the resolution containing the ' consolidated statement of continuing icao policies and practices related to environmental protection ' adopted at the 38th session of the assembly of the international civil aviation organisation .


### consequently it is desirable to temporarily consider the requirements set out in directive 2003 / 87 / ec of the european parliament and of the council4 as satisfied , when obligations are met in respect of a certain percentage of the emissions from flights to and from aerodromes in third countries . in doing so , the union emphasises that requirements can be applied in respect of certain percentages of emissions from flights to and from aerodromes in countries of the european economic area , in the same manner as legal requirements can be placed on more of the emissions from flights to and from such aerodromes . __________________ 4 directive 2003 / 87 / ec of the european parliament and of the council of 13 october 2003 establishing a scheme for greenhouse gas emission allowance trading within the community and amending council directive 96 / 61 / ec ### consequently it is desirable to temporarily extend the ' stop the clock ' provisions introduced by decision 2013 / 377 / eu4 to allow preparations for the 2016 icao assembly to take place in the best possible conditions . _________________ 4 decision 2013 / 377 / eu of the european parliament and of the council of 24 april 2013 derogating temporarily from directive 2003 / 87 / ec of the european parliament and of the council of 13 october 2003 establishing a scheme for greenhouse gas emission allowance trading within the community


### a single market involves a trading system at the external borders of the union . that trading system should include import duties and export refunds and should , in principle , stabilise the union market . the trading system should be based on the undertakings accepted under the uruguay round of multilateral trade negotiations and in bilateral agreements . ### a single market involves a trading system at the external borders of the union . that trading system should include import duties and should continue to include , for a limited period , export refunds and should , in principle , stabilise the union market . the trading system should be based on the undertakings accepted under the uruguay round of multilateral trade negotiations and in bilateral agreements , and take into account the union ' s development objectives and commitments towards developing countries .


### the revised annex vi to marpol introduces , inter alia , stricter sulphur limits for marine fuel in secas as well as in sea areas outside secas . most member states are obliged to require ships to use fuel with maximum 1 . 00% sulphur content in secas as of 1 july 2010 based on their international commitments . in order to ensure coherence with international law as well as to secure proper enforcement of new globally established sulphur standards in the union , the provisions of directive 1999 / 32 / ec should be aligned with the revised annex vi to marpol . in order to ensure a minimum quality of fuel used by ships either for fuel or technology based compliance , marine fuel the sulphur content of which exceeds the general standard of 3 . 5 % by mass should not be allowed for use or placing on the market in the union . ### the revised annex vi to marpol introduces , inter alia , stricter sulphur limits for marine fuel in secas as well as in sea areas outside secas . most member states are obliged to require ships to use fuel with maximum 1 . 00% sulphur content in secas as of 1 july 2010 based on their international commitments . in order to ensure coherence with international law as well as to secure proper enforcement of new globally established sulphur standards in the union , the provisions of directive 1999 / 32 / ec should be aligned with the revised annex vi to marpol . in order to comply with the sulphur content limits set by the imo and the dates for their entry into force , marine fuel the sulphur content of which exceeds the general standard of 3 . 5 % by mass should be allowed for use or placing on the market in the union only on vessels equipped with a flue gas cleaning system .


### the commission shall be empowered to adopt delegated acts in accordance with article 9a of this directive concerning the designation of sea areas as sox emission control areas on the basis of the decision of the imo in accordance with regulation 14 of annex vi to marpol . ### the commission shall be empowered to adopt delegated acts in accordance with article 9a of this directive concerning the designation of sea areas as sox emission control areas on the basis of the decision of the imo in accordance with regulation 14 of annex vi to marpol . the introduction of any new emission control areas shall be subject to the imo process under annex vi to marpol and be underpinned by a well - founded case based on the imo criteria and on environmental and economic grounds and supported by scientific data .


### ships using the emission abatement methods referred to in paragraph 1 shall continuously achieve reductions of sulphur dioxide emissions that are at least equivalent to the reductions that would be achieved by using marine fuels that meet the requirements of articles 4a and 4b . the sulphur dioxide emissions resulting from the use of the emission abatement methods shall not exceed the limit values set out in annex 1 . ### ships using the emission abatement methods referred to in paragraph 1 shall achieve reductions of sulphur dioxide emissions that are at least equivalent to the reductions that would be achieved by using marine fuels that meet the requirements of articles 4a and 4b .


### member states shall ensure that marine fuels are not used or placed on the market within their territory if their sulphur content exceeds 3 . 5 % by mass . ### member states shall ensure that marine fuels are not used within their territory if their sulphur content exceeds 3 . 5% by mass .


### – document thoroughly that any waste streams discharged into the sea , including enclosed ports , harbours and estuaries have no significant negative impacts on and do not pose risks to human health and the environment . ### – document thoroughly , by compliance with the wash water requirements in imo resolution mepc . 184 any waste streams discharged into the sea , including enclosed ports , harbours and estuaries .


### 0 . 50 % as from 1 january 2020 . ### 0 . 50% as from 1 january 2020 or 2025 .


### this paragraph shall apply to all vessels of all flags , including vessels whose journey began outside the union . ### this paragraph shall apply to all vessels of all flags , including vessels whose journey began outside the union . vessels operating in short sea shipping shall be excluded from the arrangement referred to in . the arrangement referred to in shall continue to apply to them for a transitional period of five years . if it should prove necessary for the purposes of the application of this exception , eu member states are expected to create the legal preconditions for it at the imo .


### the commission shall be empowered to adopt delegated acts in accordance with article 9a concerning : ### the commission shall be empowered to adopt delegated acts in accordance with article 9a and with the relevant standards and instruments adopted by the imo , concerning :


### in order to determine the date of the application of 0 . 50% sulphur limit , to designate new secas , to approve new alternative abatement methods and to establish the appropriate conditions for their use , to ensure appropriate monitoring of sulphur content of fuels and the harmonized content and the format of member states ' reports and to adapt the provisions of the directive to scientific and technical progress , 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 specification of the date from which the maximum sulphur content of fuel of 0 . 50% by mass should apply in the union , designation of new secas on the basis of the decision of the imo , approval of new emission abatement methods not covered by council directive 96 / 98 / ec15 and establishment , supplementation or amendment of conditions for their use , the specification of the means of sampling and emission monitoring and the content and the format of the report and the amendment of article 2 , points 1 , 2 , 3 , 3a , 3b and 4 or article 6 paragraph 1 and 2 in the light of scientific and technical progress and , where relevant , the instruments of the imo . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level . the commission , when preparing and drawing up delegated acts , should ensure a simultaneous , timely and appropriate transmission of relevant documents to the european parliament and to the council . ### in order to determine the date of the application of 0 . 50% sulphur limit , to designate new secas , to approve new alternative abatement methods and to establish the appropriate conditions for their use , to ensure appropriate monitoring of sulphur content of fuels and the harmonized content and the format of member states ' reports and to adapt the provisions of the directive to scientific and technical progress , 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 specification of the date from which the maximum sulphur content of fuel of 0 . 50% by mass should apply in the union , approval of new emission abatement methods not covered by council directive 96 / 98 / ec15 and establishment , supplementation or amendment of conditions for their use , the specification of the means of sampling and emission monitoring and the content and the format of the report and the amendment of article 2 , points 1 , 2 , 3 , 3a , 3b and 4 or article 6 paragraph 1 and 2 in the light of scientific and technical progress and , where relevant , the instruments of the imo . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level . the commission , when preparing and drawing up delegated acts , should ensure a simultaneous , timely and appropriate transmission of relevant documents to the european parliament and to the council .


### 0 . 50 % as from 1 january 2020 . ### 0 . 50% as from 1 january 2020 , or as from 1 january 2025 , depending on the imo’s decision following its assessment of the availability of marine fuels to comply with the maximum sulphur content of 0 . 50% by mass , referred to in regulation 14 , paragraph 8 of annex vi to the marpol convention .


### the commission shall be empowered to adopt delegated acts in accordance with article 9a of this directive concerning the designation of sea areas as sox emission control areas on the basis of the decision of the imo in accordance with regulation 14 of annex vi to marpol . ### ' the commission shall be empowered to adopt delegated acts in accordance with article 9a of this directive concerning the inclusion in this directive of new sea areas as sox emission control areas created by the imo in accordance with regulation 14 of annex vi to marpol .


### this paragraph shall apply to all vessels of all flags , including vessels whose journey began outside the union . ### this paragraph shall apply to all vessels of all flags , including vessels whose journey began outside the union , in accordance with the exemption mechanisms contained in annex vi of marpol .


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


### the commission shall be empowered to adopt delegated acts in accordance with article 9a of this directive concerning the designation of sea areas as sox emission control areas on the basis of the decision of the imo in accordance with regulation 14 of annex vi to marpol . ### the commission shall be empowered to adopt delegated acts in accordance with article 9a of this directive concerning the designation of sea areas as sox emission control areas in conformity with the designation by the imo in accordance with regulation 14 of annex vi to marpol .


### member states shall ensure that marine fuels are not used or placed on the market within their territory if their sulphur content exceeds 3 . 5 % by mass . ### member states shall ensure that marine fuels are not used if their sulphur content exceeds 3 . 5 % by mass , except in vessels equipped with a flue gas cleaning system .


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


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


### the deployment and enhancement of trans - european telecommunication networks shall contribute to fostering economic growth , creating jobs and achieving a vibrant digital single market . in particular , their deployment will grant faster access to the internet , bring about information technology - enabled improvements in daily life for citizens , including children and young persons , businesses and governments , increase interoperability and facilitate the alignment or convergence to commonly agreed standards . ### the deployment and enhancement of trans - european telecommunication networks shall contribute to fostering economic growth , creating jobs and achieving a vibrant digital single market . in particular , their deployment will grant faster access to the internet , bring about information technology - enabled improvements in daily life for citizens , businesses and governments , increase interoperability and facilitate the alignment or convergence to commonly agreed standards .


### in order to ensure open choice for customers and fair competition , as well as encourage innovation and boost the competitiveness of the union’s information technology industry on the global market , the ecall in - vehicle system should be accessible free of charge and without discrimination to all independent operators and based on an interoperable and open - access platform for possible future in - vehicle applications or services . ### in order to ensure open choice for customers and fair competition , as well as encourage innovation and boost the competitiveness of the union’s information technology industry on the global market , the commission should propose , after consulting all stakeholders , a new regulation regarding the ancillary services and a standardised interoperable telematics platform which could be developed for possible future in - vehicle applications or services . to this aim , before april 2014 , the commission should provide specifications and update the list of priority actions included in the directive 2010 / 40 of 7 july 2010 on the framework for the deployment of intelligent transport systems in the field of road transport and for interfaces with other modes of transport . further clarifications should be provided on the conditions under which third parties providing added value services can have access to data stored in the in - vehicle system .


### vehicle manufacturers should be allowed sufficient time to adapt to the technical requirements of this regulation . ### vehicle manufacturers should be allowed at least 36 months from the date of publication of this regulation and its delegated acts in the official journal of the european union to adapt to the technical requirements of this regulation .


### vehicle manufacturers should be allowed sufficient time to adapt to the technical requirements of this regulation . ### vehicle manufacturers should be allowed sufficient time to adapt to the technical requirements of this regulation , taking into consideration that the technical requirements regarding testing , application of relevant standards and personal data and privacy protection will be established after the entry into force of this regulation by means of delegated acts .


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


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


### the ecall in - vehicle system shall be accessible to all independent operators free of charge and without discrimination at least for repair and maintenance purposes . ### all elements of the ecall in - vehicle system shall be accessible to all independent operators free of charge and without discrimination at least for vehicle repair and maintenance purposes .


### the ecall in - vehicle system shall be accessible to all independent operators free of charge and without discrimination at least for repair and maintenance purposes . ### the ecall in - vehicle system shall be accessible to all independent operators free of charge and without discrimination for repair and maintenance purposes as set out in regulation no 715 / 2007 on type approval of motor vehicles with respect to emissions from light passenger and commercial vehicles and on access to vehicle repair and maintenance information .


### with effect from 1 october 2015 , national authorities shall only grant ec type - approval in respect of the ecall in - vehicle system to new types of vehicles which comply with this regulation and the delegated acts adopted pursuant to this regulation . ### with effect from 1 june 2016 , national authorities shall only grant ec type - approval in respect of the ecall in - vehicle system to new types of vehicles which comply with this regulation and the delegated acts adopted pursuant to this regulation .


### it shall apply from 1 october 2015 . ### it shall apply from a date at least 36 months after its publication and that of its delegated acts in the official journal of the european union , on condition that all member states have installed the required operational infrastructure .


### manufacturers shall ensure that the receivers in the in - vehicle systems are compatible with the positioning services provided by satellite navigation systems including the galileo and the egnos systems . ### manufacturers shall ensure that the receivers in the in - vehicle systems are compatible with the positioning services provided by operational satellite navigation systems including the galileo and the egnos systems .


### article 27 the commission shall be empowered to adopt delegated acts in accordance with article 29a to revise the minimum fishing mortality rates set out in article 4 , when scientific data indicates that the values for the minimum fishing mortality rates are disaccording with the objectives of the management plan . ### article 27 where the commission finds that the minimum fishing mortality rates given in article 4 are no longer appropriate to achieve the objectives of the management plan , the commission shall make a proposal , for adoption in accordance with the ordinary legislative procedure , to revise the target fishing mortality rates set out in article 4 . the said proposal shall be made on the basis of advice from stecf and after consulting the baltic sea regional advisory council .


### in order to achieve in an efficient way the targets set out in regulation no 1098 / 2007 and be able to react swiftly to changes in stock conditions or in fishery , the power to adopt acts in accordance with article 290 of the treaty should be delegated to the commission in respect of the revision of the minimum fishing mortality rates , when scientific data indicate that the rates are no longer appropriate and measures are not sufficient to reach the objectives of the plan . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level . ### in order to achieve in an efficient way the targets set out in regulation no 1098 / 2007 and be able to react swiftly to changes in stock conditions or in fishery , the power to adopt acts in accordance with article 290 of the treaty should be delegated to the commission with regard to setting periods when fishing with certain types of gear is allowed in respect of certain geographical areas . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level .


### the commission shall be empowered to adopt delegated acts in accordance with article 29a to revise the minimum fishing mortality rates set out in article 4 , when scientific data indicates that the values for the minimum fishing mortality rates are disaccording with the objectives of the management plan . ### without prejudice to article 26 , the commission shall be empowered to adopt delegated acts , in accordance with article 29a , revising the target fishing mortality rates set out in article 4 , when the commission , on the basis of advice from stecf and after consulting fully with the baltic sea regional advisory council , finds that the target fishing mortality rates set out in article 4 are no longer appropriate to achieve the objectives of the management plan . .


### ' 3 . the council shall decide each year in accordance with the treaty on the maximum number of days absent from port outside periods specified in paragraph 1 in the following year when fishing with the gear referred to in paragraph 1 is allowed , in accordance with the rules set out in paragraphs 4 and 5 . ' ### ' 3 . the commission shall be empowered to adopt delegated acts , in accordance with article 29a , defining , for each year , the maximum number of days absent from port outside periods specified in paragraph 1 in the following year when fishing with the gear referred to in paragraph 1 is allowed , in accordance with the rules set out in paragraphs 4 and 5 . '


### however , detailed rules may be agreed with the commission in order to facilitate the implementation of the union delegations ' operating appropriations entered in the eeas and the council sections of the budget . ### however , detailed rules may be agreed with the commission in order to facilitate the implementation of the union delegations ' operating appropriations entered in the eeas section of the budget .


### the accounting officer of the commission remains responsible for the entire commission section of the budget , including accounting operations relating to appropriations sub - delegated to heads of union delegations . therefore , it is necessary to clarify that the responsibilities of the accounting officer of the eeas should only concern the eeas section of the budget to avoid any overlapping of responsibilities . ### the accounting officer of the commission remains responsible for the entire commission section , as well as the eeas section , of the budget .


### the lisbon treaty foresees that commission delegations become part of the eeas as union delegations . in order to ensure their efficient management , all administrative and support expenditure of union delegations which finance common costs should be executed by a single support service . to that effect , the financial regulation should foresee the possibility for detailed rules , to be agreed with the commission , in order to facilitate the implementation of the union delegations ' operating appropriations entered in the eeas and the council sections of the budget . ### the lisbon treaty foresees that commission delegations become part of the eeas as union delegations . in order to ensure their efficient management , all administrative and support expenditure of union delegations which finance common costs should be executed by a single support service . to that effect , the financial regulation should foresee the possibility for detailed rules , to be agreed with the commission , in order to facilitate the implementation of the union delegations ' administrative appropriations . the european parliament shall be informed of this . in application of article 290 of the treaty on the functioning of the european union , the european parliament may at any time revoke the delegation of powers which this involves . the same rule shall apply , mutatis mutandis , in respect of operational expenditure .


### in the first paragraph of article 50 , the following sentence is added : ' however , detailed rules may be agreed with the commission in order to facilitate the implementation of the union delegations ' operating appropriations entered in the eeas and the council sections of the budget . ' ### in the first paragraph of article 50 , the following sentences are added : ' however , detailed rules may be agreed with the commission in order to facilitate the implementation of the union delegations ' administrative appropriations in accordance with article 290 of the treaty on the functioning of the european union . those rules must not contain any derogation from the provisions of this regulation . the european parliament or the council may at any time decide to revoke this delegation . '


### in article 85 , the following paragraphs are added : ' for the purposes of the internal auditing of the eeas , heads of union delegations , acting as authorising officers by subdelegation in accordance with the second paragraph of article 51 shall be subject to the verifying powers of the internal auditor of the commission for the financial management sub - delegated to them . for reasons of coherence , efficiency and cost - effectiveness , the internal auditor of the commission shall also act as the internal auditor of the eeas in respect of the budget implementation of the eeas section of the budget . ' ### in article 85 , the following paragraph is added : ' the commission’s internal auditor shall have the same responsibilities in respect of the eeas referred to in article 1 , as he / she has in respect of commission departments . '


### in article 59 , the following paragraph 5 is added : ' 5 . where heads of union delegations act as authorising officers by sub - delegation in accordance with the second paragraph of article 51 , they shall refer , where their duties as authorising officer so require , to the commission as their institution . ' ### in article 59 , the following paragraph 5 is added : ' 5 . where heads of union delegations act as authorising officers by sub - delegation in accordance with the second paragraph of article 51 , they shall be subject to the commission as the institution responsible for the definition , exercise , control and appraisal of their duties and responsibilities as authorising officers by sub - delegation . '


### the lisbon treaty foresees that commission delegations become part of the eeas as union delegations . in order to ensure their efficient management , all administrative and support expenditure of union delegations which finance common costs should be executed by a single support service . to that effect , the financial regulation should foresee the possibility for detailed rules , to be agreed with the commission , in order to facilitate the implementation of the union delegations ' operating appropriations entered in the eeas and the council sections of the budget . ### the lisbon treaty foresees that commission delegations become part of the eeas as union delegations . in order to ensure their efficient management , all administrative and support expenditure of union delegations which finance common costs should be executed by a single support service .