### the emff may support the promotion of a sustainable aquaculture as provided for in article 34 of regulation no 1380 / 2013 . it may also support animal health and welfare in aquaculture in accordance with regulation no 2016 / 429 of the european parliament and of the council32 and regulation no 652 / 2014 of the european parliament and of the council33 . _________________ 32 regulation 2016 / 429 of the european parliament and of the council of 9 march 2016 on transmissible animal diseases and amending and repealing certain acts in the area of animal health . 33 regulation no 652 / 2014 of the european parliament and of the council of 15 may 2014 laying down provisions for the management of expenditure relating to the food chain , animal health and animal welfare , and relating to plant health and plant reproductive material , amending council directives 98 / 56 / ec , 2000 / 29 / ec and 2008 / 90 / ec , regulations no 178 / 2002 , no 882 / 2004 and no 396 / 2005 of the european parliament and of the council , directive 2009 / 128 / ec of the european parliament and of the council and regulation no 1107 / 2009 of the european parliament and of the council and repealing council decisions 66 / 399 / eec , 76 / 894 / eec and 2009 / 470 / ec . ### the emff may support the promotion of a sustainable aquaculture as provided for in article 34 of regulation no 1380 / 2013 . it may also support specific issues that occur in the sector due to invasive alien species as well as animal health and welfare in aquaculture in accordance with regulation no 2016 / 429 of the european parliament and of the council32 and regulation no 652 / 2014 of the european parliament and of the council33 . _________________ 32 regulation 2016 / 429 of the european parliament and of the council of 9 march 2016 on transmissible animal diseases and amending and repealing certain acts in the area of animal health . 33 regulation no 652 / 2014 of the european parliament and of the council of 15 may 2014 laying down provisions for the management of expenditure relating to the food chain , animal health and animal welfare , and relating to plant health and plant reproductive material , amending council directives 98 / 56 / ec , 2000 / 29 / ec and 2008 / 90 / ec , regulations no 178 / 2002 , no 882 / 2004 and no 396 / 2005 of the european parliament and of the council , directive 2009 / 128 / ec of the european parliament and of the council and regulation no 1107 / 2009 of the european parliament and of the council and repealing council decisions 66 / 399 / eec , 76 / 894 / eec and 2009 / 470 / ec .


### the beneficiary , after submitting the application , shall continue to comply with the admissibility conditions referred to in paragraph 1 throughout the period of implementation of the operation and for a period of five years after the final payment to that beneficiary . ### the beneficiary , after submitting the application , shall continue to comply with the admissibility conditions referred to in paragraph 1 throughout the period of implementation of the operation .


### in accordance with article 91 of regulation no [ regulation laying down common provisions ] , the commission may adopt implementing acts suspending all or part of the interim payments under the programme in the case of serious non - compliance by a member state with the rules applicable under the cfp , if the serious non - compliance is liable to affect the expenditure contained in a payment application for which the interim payment is requested . ### in accordance with article 91 of regulation no [ regulation laying down common provisions ] , the commission may adopt implementing acts suspending all or part of the interim payments under the programme in the case of serious non - compliance by a member state with the rules applicable under the cfp or relevant union environmental law , if the serious non - compliance is liable to affect the expenditure contained in a payment application for which the interim payment is requested .


### support under the emff should be used to address market failures or sub - optimal investment situations , in a proportionate manner , and should not duplicate or crowd out private financing or distort competition in the internal market . support should have a clear european added value . ### support under the emff should be used to address market failures or sub - optimal investment situations , and should not duplicate or crowd out private financing or distort competition in the internal market . support should have a clear european added value .


### the outermost regions , as outlined in the communication from the commission to the european parliament , the council , the european economic and social committee , the committee of the regions and the european investment bank of 24 october 2017 entitled ' a stronger and renewed strategic partnership with the eu ' s outermost regions ' 10 , face specific challenges linked to their remoteness , topography and climate as referred to in article 349 of the treaty and also have specific assets on which to develop a sustainable blue economy . therefore , for each outermost region , an action plan for the development of sustainable blue economy sectors , including the sustainable exploitation of fisheries and aquaculture , should be attached to the programme of the concerned member states and a financial allocation should be reserved to support the implementation of those action plans . it should also be possible for the emff to support a compensation of the additional costs the outermost regions face due to their location and insularity . that support should be capped as a percentage of this overall financial allocation . in addition , a higher aid intensity rate than the one that applies to other operations should be applied in the outermost regions . __________________ 10 com 623 . ### the outermost regions , as outlined in the communication from the commission to the european parliament , the council , the european economic and social committee , the committee of the regions and the european investment bank of 24 october 2017 entitled ' a stronger and renewed strategic partnership with the eu ' s outermost regions ' 10 , face specific challenges linked to their remoteness , topography and climate as referred to in article 349 of the treaty and also have specific assets on which to develop a sustainable blue economy , the emff should also be able to take into account the specific constraints recognised in article 349 of the treaty on the functioning of the european union . therefore , for each outermost region , an action plan for the development of sustainable blue economy sectors , including the sustainable exploitation of fisheries and aquaculture , should also be attached to the programme of the concerned member states and a financial allocation should be reserved to support the implementation of those action plans . it should also be possible for the emff to support a compensation of the additional costs the outermost regions face due to their location and insularity . that support should be capped as a percentage of this overall financial allocation . in addition , a higher aid intensity rate and emff financing rate than the one that currently applies to outermost regions should be applied . __________________ 10 com 623 .


### given the high level of unpredictability of fishing activities , exceptional circumstances may cause significant economic losses to fishers . in order to mitigate those consequences , it should be possible for the emff to support a compensation for the extraordinary cessation of fishing activities caused by the implementation of certain conservation measures , i . e . multiannual plans , targets for the conservation and sustainable exploitation of stocks , measures to adapt the fishing capacity of fishing vessels to available fishing opportunities and technical measures , by the implementation of emergency measures , by the interruption , due to reasons of force majeure , of the application of a sustainable fisheries partnership agreement , by a natural disaster or by an environmental incident . support should be granted only if the impact on fishers of such circumstances is significant , i . e . if the commercial activities of the vessel concerned are stopped during at least 90 consecutive days and if the economic losses resulting from the cessation amount to more than 30% of the average annual turnover of the business concerned during a specified period of time . the specificities of eel fisheries should be taken into account in the conditions for granting such support . ### it should be possible for the emff to support a compensation for the temporary cessation of fishing activities caused by the implementation of certain conservation measures , i . e . biological recovery periods , multiannual plans , targets for the conservation and sustainable exploitation of stocks , measures to adapt the fishing capacity of fishing vessels to available fishing opportunities and technical measures , by the implementation of emergency measures , by the interruption , of the application or by the non - renewal of a sustainable fisheries partnership agreement , by a natural disaster or by an environmental incident . the specificities of eel fisheries should be taken into account in the conditions for granting such support .


### the emff may support the collection , management and use of data for fisheries management and scientific purposes , as provided for in article 25 and and article 27 of regulation no 1380 / 2013 and further specified in regulation no 2017 / 1004 , on the basis of the national work plans referred to in article 6 of regulation no 2017 / 1004 . ### the emff may support the collection , management and use of data for fisheries and aquaculture management and scientific purposes , as provided for in article 25 and and article 27 of regulation no 1380 / 2013 and further specified in regulation no 2017 / 1004 , on the basis of the national work plans referred to in article 6 of regulation no 2017 / 1004 .


### small - scale coastal fishing is carried out by fishing vessels below 12 metres and not using towed fishing gears . that sector represents nearly 75% of all fishing vessels registered in the union and nearly half of all employment in the fishery sector . operators from small - scale coastal fisheries are particularly dependant on healthy fish stocks for their main source of income . the emff should therefore give them a preferential treatment through a 100% aid intensity rate , including for operations related to control and enforcement , with the aim of encouraging sustainable fishing practices . in addition , certain areas of support should be reserved for small - scale fishing in fleet segment where the fishing capacity is balanced with the available fishing opportunities , i . e . support for the acquisition of a second - hand vessel and for engine replacement or modernisation . furthermore , member states should include in their programme an action plan for small - scale coastal fishing , which should be monitored on the basis of indicators for which milestones and targets should be set . ### small - scale coastal fishing is carried out by fishing vessels below 12 metres and not using towed fishing gears . that sector represents nearly 75% of all fishing vessels registered in the union and nearly half of all employment in the fishery sector . operators from small - scale coastal fisheries are particularly dependant on healthy fish stocks for their main source of income . the emff should therefore give them a preferential treatment through a 100% aid intensity rate , including for operations related to control and enforcement , with the aim of encouraging sustainable fishing practices . in addition , certain areas of support should be reserved for small - scale fishing in fleet segment where the fishing capacity is balanced with the available fishing opportunities . furthermore , member states should include in their programme an action plan providing for support for the preservation , promotion and sustainable development of small - scale coastal fishing , which should be monitored on the basis of indicators for which milestones and targets should be set . in addition , in view of the extremely diversified fishing fleet among the different union sea basins , member states should be able to adapt the definition of “small - scale coastal fishing” in their programmes by taking due consideration of the time spent at sea , distance from the coast , type of fishing gear and links to local communities .


### fostering sustainable fisheries and the conservation of marine biological resources ; ### fostering sustainable fisheries and aquaculture and the conservation of freshwater and marine biological resources ;


### compensations to fishers for the collection of lost fishing gears and marine litter from the sea ; ### compensations to fishers for the collection of lost fishing gears and marine litter from the sea , including the collection of sargassum seaweed in the outermost regions affected ;


### contributing to food security in the union through competitive and sustainable aquaculture and markets ; ### contributing to food security in the union ;


### the emff shall support the development and dissemination of market intelligence for fishery and aquaculture products by the commission in accordance with article 42 of regulation no 1379 / 2013 . ### the emff shall support the development and dissemination of market intelligence for fishery and aquaculture products by the commission in accordance with article 42 of regulation no 1379 / 2013 , namely by the creation of an aquaculture statistical information network .


### in accordance with article 90 of regulation no [ regulation laying down common provisions ] , the commission may interrupt the payment deadline for all or part of a payment application in the case of evidence of non - compliance by a member state with the rules applicable under the cfp , if the non - compliance is liable to affect the expenditure contained in a payment application for which the interim payment is requested . ### in accordance with article 90 of regulation no [ regulation laying down common provisions ] , the commission may interrupt the payment deadline for all or part of a payment application in the case of evidence of non - compliance by a member state with the rules applicable under the cfp or relevant union environmental law , if the non - compliance is liable to affect the expenditure contained in a payment application for which the interim payment is requested .


### the outermost regions , as outlined in the communication from the commission to the european parliament , the council , the european economic and social committee , the committee of the regions and the european investment bank of 24 october 2017 entitled ' a stronger and renewed strategic partnership with the eu ' s outermost regions ' 10 , face specific challenges linked to their remoteness , topography and climate as referred to in article 349 of the treaty and also have specific assets on which to develop a sustainable blue economy . therefore , for each outermost region , an action plan for the development of sustainable blue economy sectors , including the sustainable exploitation of fisheries and aquaculture , should be attached to the programme of the concerned member states and a financial allocation should be reserved to support the implementation of those action plans . it should also be possible for the emff to support a compensation of the additional costs the outermost regions face due to their location and insularity . that support should be capped as a percentage of this overall financial allocation . in addition , a higher aid intensity rate than the one that applies to other operations should be applied in the outermost regions . __________________ 10 com 623 ### the outermost regions face specific challenges linked to their remoteness , topography and climate as referred to in article 349 of the treaty and also have specific assets on which to develop a sustainable blue economy . therefore , for each outermost region , an action plan for the development of sustainable blue economy sectors , including the sustainable exploitation of fisheries and aquaculture , should be attached to the programme of the concerned member states and a financial allocation should be reserved to support the implementation of those action plans . it should also be possible for the emff to support a compensation of the additional costs the outermost regions face due to their remoteness and insularity . the lessons drawn from the 2014 - 2020 programming period call for a simplified implementation of the compensation of the additional costs scheme in the interest of beneficiaries , in line with the commission’s goal of simplification . member states should have more flexibility to modify their allocation during the budgetary period . in addition , a higher aid intensity rate than the one that applies to other operations should be applied in the outermost regions .


### the emff should aim to achieve the environmental , economic , social and employment objectives of the cfp , as defined in article 2 of regulation no 1380 / 2013 . such support should ensure that fishing activities are environmentally sustainable in the long - term and managed in a way that is consistent with the objectives of achieving economic , social and employment benefits , and of contributing to the availability of food supplies . ### the emff should contribute to achieving the environmental , economic , social and employment objectives of the cfp , as defined in article 2 of regulation no 1380 / 2013 . such support should ensure that fishing activities are environmentally sustainable in the long - term and managed in a way that is consistent with the objectives set out in article 2 of regulation no 1380 / 2013 , which are to contribute to achieving economic , social and employment benefits , and of contributing to the availability of food supplies .


### it should be possible for the emff to support the promotion and the sustainable development of aquaculture , including freshwater aquaculture , for the farming of aquatic animals and plants for the production of food and other raw material . complex administrative procedures in some member states remain in place , such as difficult access to space and burdensome licensing procedures , which make it difficult for the sector to improve the image and competitiveness of farmed products . support should be consistent with the multiannual national strategic plans for aquaculture developed on the basis of regulation no 1380 / 2013 . in particular , support for environmental sustainability , productive investments , innovation , acquisition of professional skills , improvement of working conditions , compensatory measures providing critical land and nature management services should be eligible . public health actions , aquaculture stock insurance schemes and animal health and welfare actions should also be eligible . however , in the case of productive investments support should be provided only through financial instruments and through investeu , which offer a higher leverage on markets and are therefore more relevant than grants to address the financing challenges of the sector . ### it should be possible for the emfaf to support the promotion and the sustainable development of seawater and freshwater aquaculture by means of a predefined sub - budget and a specific chapter in the regulation , including freshwater aquaculture , for the farming of aquatic animals and plants for the production of food and other raw material . complex administrative procedures in some member states remain in place , such as difficult access to space and burdensome licensing procedures , which make it difficult for the sector to improve the image and competitiveness of farmed products . support should be consistent with the multiannual national strategic plans for aquaculture developed on the basis of regulation no 1380 / 2013 . in particular , support for environmental sustainability , productive investments , research and development , innovation , training and education , acquisition of professional skills , improvement of working conditions , development of the processing sector , management consultancy , promotion of aquaculture products , compensatory measures providing critical land and nature management services should be eligible . public health actions , aquaculture stock insurance schemes and animal health and welfare actions should also be eligible . in the case of productive investments support should be provided in particular through non - repayable grants , financial instruments and through investeu , which offer a higher leverage on markets and are therefore more relevant than grants to address the financing challenges of the sector .


### the landing obligation is one of the main challenges of the cfp . it has implied significant changes in fishing practices for the sector , sometimes with an important financial cost . it should therefore be possible for the emff to support innovation and investments that contribute to the implementation of the landing obligation , with a higher aid intensity rate than the one that applies to other operations , like investments in selective fishing gears , in the improvement of port infrastructures and in the marketing of unwanted catches . it should also grant a maximum aid intensity rate of 100% to the design , development , monitoring , evaluation and management of transparent systems for exchanging fishing opportunities between member states , in order to mitigate the ' choke species ' effect caused by the landing obligation . ### the landing obligation is a legal obligation and one of the main objectives of the cfp . it has implied the end of the environmentally unacceptable practise of discharging as well as important changes in fishing practices for the sector , sometimes with an important financial cost . the member states should therefore use the emff to provide maximum support for innovation and investments that contribute to the full and timely implementation of the landing obligation , with a substantially higher aid intensity rate than the one that applies to other operations , like investments in selective fishing gears and temporal and spatial selectivity measures , in the improvement of port infrastructures and in the marketing of unwanted catches . it should also grant a maximum aid intensity rate of 100% to the design , development , monitoring , evaluation and management of transparent systems for exchanging fishing opportunities between member states , in order to mitigate the ' choke species ' effect caused by the landing obligation .


### under shared management , it should be possible for the emff to support the protection and restoration of marine and coastal biodiversity and ecosystems . for that purpose , support should be available to compensate the collection by fishers of lost fishing gears and marine litter from the sea and for investments in ports to provide adequate reception facilities for lost fishing gears and marine litter . support should also be available for actions to achieve or maintain a good environmental status in the marine environment as set out in directive 2008 / 56 / ec of the european parliament and of the council 11 , for the implementation of spatial protection measures established pursuant to that directive and , in accordance with the prioritised action frameworks established pursuant to council directive 92 / 43 / eec 12 , for the management , restoration and monitoring of natura 2000 areas as well as for the protection of species under directive 92 / 43 / eec and directive 2009 / 147 / ec of the european parliament and of the council 13 . under direct management , the emff should support the promotion of clean and healthy seas and the implementation of the european strategy for plastics in a circular economy developed in the communication from the commission to the european parliament , the council , the european economic and social committee and the committee of the regions of 16 january 201614 , in coherence with the objective of achieving or maintaining a good environmental status in the marine environment . _________________ 11 directive 2008 / 56 / ec of the european parliament and of the council of 17 june 2008 establishing a framework for community action in the field of marine environmental policy . 12 council directive 92 / 43 / eec of 21 may 1992 on the conservation of natural habitats and of wild fauna and flora . 13 directive 2009 / 147 / ec of the european parliament and of the council of 30 november 2009 on the conservation of wild birds . 14 com 28 ### under shared management , it should be possible for the emff to support the protection and restoration of marine and coastal biodiversity and ecosystems . for that purpose , support should be available to compensate the collection by fishers of lost fishing gears and marine litter from the sea and for investments in ports to provide adequate reception facilities for lost fishing gears and marine litter . support should also be available for actions to achieve or maintain a good environmental status in the marine environment as set out in directive 2008 / 56 / ec of the european parliament and of the council 11 , for the implementation of spatial protection measures established pursuant to that directive and , in accordance with the prioritised action frameworks established pursuant to council directive 92 / 43 / eec 12 , for the management , restoration and monitoring of natura 2000 areas as well as for the protection of species under directive 92 / 43 / eec and directive 2009 / 147 / ec of the european parliament and of the council 13 and also for the construction , installation , modernization and scientific preparation and evaluation of static or movable facilities intended to protect and enhance marine fauna and flora in the outermost regions . under direct management , the emff should support the promotion of clean and healthy seas and the implementation of the european strategy for plastics in a circular economy developed in the communication from the commission to the european parliament , the council , the european economic and social committee and the committee of the regions of 16 january 201614 , in coherence with the objective of achieving or maintaining a good environmental status in the marine environment . _________________ 11 directive 2008 / 56 / ec of the european parliament and of the council of 17 june 2008 establishing a framework for community action in the field of marine environmental policy . 12 council directive 92 / 43 / eec of 21 may 1992 on the conservation of natural habitats and of wild fauna and flora . 13 directive 2009 / 147 / ec of the european parliament and of the council of 30 november 2009 on the conservation of wild birds . 14 com 28


### the vessels referred to in paragraph 1 shall be equipped for sea fishing and be between 5 and 30 years old . ### the vessels referred to in paragraph 1 shall be equipped for sea fishing and be between 5 and 30 years old , when duly justified may apply to newer vessels .


### in order to address the specific conditions of the cfp referred to in regulation no 1380 / 2013 and to contribute to the compliance with the rules of the cfp , provisions additional to the rules on interruption , suspension and financial corrections as set out in regulation no [ regulation laying down common provisions ] should be laid down . where a member state or a beneficiary has failed to comply with its obligations under the cfp , or where the commission has evidence that suggests such a lack of compliance , the commission should , as a precautionary measure , be allowed to interrupt payment deadlines . in addition to the possibility of interruption of the payment deadline , and in order to avoid an evident risk of paying out ineligible expenditure , the commission should be allowed to suspend payments and impose financial corrections in cases of serious non - compliance with rules of the cfp by a member state . ### in order to address the specific conditions of the cfp referred to in regulation no 1380 / 2013 and to contribute to the compliance with the rules of the cfp , provisions additional to the rules on interruption , suspension and financial corrections as set out in regulation no [ regulation laying down common provisions ] should be laid down . where a member state or a beneficiary has failed to comply with its obligations under the cfp , or where the commission has evidence that proves such a lack of compliance , the commission should be allowed to interrupt payment deadlines provisionally . in addition to the possibility of interruption of the payment deadline , and in order to avoid an evident risk of paying out ineligible expenditure , the commission should be allowed to suspend payments and impose financial corrections in cases of serious non - compliance with rules of the cfp by a member state .


### this regulation respects the fundamental rights and observes the principles recognised in the charter of fundamental rights of the european union . this regulation should be interpreted and applied in accordance with those rights and principles . ### this regulation respects the fundamental rights and observes the principles recognised in the charter of fundamental rights of the european union , and in particular articles 21 and 26 , which prohibit discrimination on the grounds of disability and recognise and respect the right of people with disabilities to benefit from measures designed to ensure their independence , social and occupational integration and participation in the life of the community . this regulation should be interpreted and applied in accordance with those rights and principles .


### the processing of personal data carried out within the framework of this regulation shall be carried out in compliance with directive 95 / 46 / ec . ### the processing of personal data carried out within the framework of this regulation shall be carried out in compliance with directive 95 / 46 / ec and with regulation 2016 / 679 .


### ' work or other subject - matter ' means a work in the form of a book , journal , newspaper , magazine or other writing , including sheet music , and related illustrations , in any media , including in audio form such as audiobooks , which is protected by copyright or related rights and which is published or otherwise lawfully made publicly available ; ### ' work or other subject - matter ' means a work in the form of a book , e - book , journal , newspaper , magazine or other writing , including sheet music , and related illustrations , in any media , online or offline , including in audio form such as audiobooks , which is protected by copyright or related rights and which is published or otherwise lawfully made publicly available ;


### in order to improve the availability of accessible format copies and to prevent the illegal dissemination of works and other subject - matter , authorised entities which engage in the distribution or making available of accessible format copies should comply with certain obligations . ### in order to improve the availability of accessible format copies and to prevent the illegal dissemination of works and other subject - matter , it is essential that member states facilitate the agreement of best practice guidelines between representative groups of authorised entities which engage in the production , distribution or making available of accessible format copies , users and rightholders ;


### no sooner than [ five years after the date of application ] , the commission shall carry out an evaluation of this regulation and present the main findings to the european parliament , the council and the european economic and social committee , accompanied , where appropriate , by proposals for the amendment of this regulation . ### by [ five years after the date of application ] , the commission &#8211 ; taking into account also technological developments in the context of accessibility &#8211 ; shall carry out an evaluation of this regulation and present the main findings to the european parliament , the council and the european economic and social committee , accompanied , where appropriate , by proposals for the amendment of this regulation . the commission ' s report shall take into account the viewpoints of relevant civil society actors , non - governmental organisations and social partners , including organisations of and by persons with disabilities and those representing older persons .


### any processing of personal data under this regulation should respect fundamental rights , including the right to respect for private and family life and the right to protection of personal data under articles 7 and 8 of the charter of fundamental rights of the european union and must be in compliance with directive 95 / 46 / ec of the european parliament and the council13 , which governs the processing of personal data , as may be carried out by authorised entities within the framework of this regulation and under the supervision of the member statesʼ competent authorities , in particular the public independent authorities designated by the member states . _________________ 13 directive 95 / 46 / ec of the european parliament and of the council of 24 october 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data . ### any processing of personal data under this regulation should respect fundamental rights , including the right to respect for private and family life and the right to protection of personal data under articles 7 and 8 of the charter of fundamental rights of the european union and must be in compliance with directive 95 / 46 / ec of the european parliament and the council13 and with regulation 2016 / 679 of the european parliament and the council 1a which govern the processing of personal data , as may be carried out by authorised entities within the framework of this regulation and under the supervision of the member statesʼ competent authorities , in particular the public independent authorities designated by the member states . _________________ 13 directive 95 / 46 / ec of the european parliament and of the council of 24 october 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data . 1a regulation 2016 / 679 of the european parliament and of the council of 27 april 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data , and repealing directive 95 / 46 / ec .


### it publishes and updates , on its website if appropriate , information on the manner in which it complies with the obligations laid down in points to . ### it publishes and updates , on its website if appropriate , or through other online or offline channels , information on the manner in which it complies with the obligations laid down in points to .


### a pre - condition for granting the union ' s macro - financial assistance shall be that georgia respects effective democratic mechanisms &#8211 ; including a multi - party parliamentary system &#8211 ; and the rule of law , and guarantees respect for human rights . ### a pre - condition for granting the union ' s macro - financial assistance shall be that georgia respects effective democratic mechanisms , &#160 ; including a multi - party parliamentary system and a pluralistic and transparent media environment , &#160 ; and the rule of law , &#160 ; which&#160 ; should be based on a genuinely independent judiciary , &#160 ; and that it guarantees respect for human rights .


### a pre - condition for granting the union ' s macro - financial assistance shall be that georgia respects effective democratic mechanisms &#8211 ; including a multi - party parliamentary system &#8211 ; and the rule of law , and guarantees respect for human rights . ### a pre - condition for granting the union ' s macro - financial assistance shall be that georgia respects effective democratic mechanisms , &#160 ; including a multi - party parliamentary system exerting an effective oversight of the executive , &#160 ; and the rule of law , the independence of judiciary , pluralistic and free media environment , and that it guarantees respect for human rights .


### each member state concerned shall ensure that national scientific observers are deployed on at least 20% of pelagic longline vessels targeting mediterranean swordfish . the percentage coverage will be measured in fishing days , number of sets or trips . ### each member state concerned shall ensure that national scientific observers are deployed on at least 5% of pelagic longline vessels targeting mediterranean swordfish . the percentage coverage will be measured in fishing days , number of sets or trips .


### for control purposes , the transmission of vms data from catching vessels that are authorised to fish mediterranean swordfish shall not be interrupted when vessels are in port . ### for control purposes , the transmission of vms data from catching vessels that are authorised to fish mediterranean swordfish can be switched off when vessels are in port provided that it is guaranteed to be switched on again in the same position .


### union fishing vessels included in the iccat record of vessels and authorised to fish mediterranean swordfish , and third country vessels authorised to fish mediterranean swordfish in union waters which are greater than 12 metres length overall , shall have installed on board a fully functioning device which allows the vessel to be automatically located and identified through the vessel monitoring system , by transmitting position data at regular intervals , in accordance with article 9 of regulation no 1224 / 2009 . ### union fishing vessels included in the iccat record of vessels and authorised to fish mediterranean swordfish , and third country vessels authorised to fish mediterranean swordfish in union waters which are greater than 15 metres length overall , shall have installed on board a fully functioning device which allows the vessel to be automatically located and identified through the vessel monitoring system , by transmitting position data at regular intervals , in accordance with article 9 of regulation no 1224 / 2009 .


### incidental by - catches of swordfish below the minimum conservation reference size ### incidental catches of swordfish below the minimum conservation reference size


### fishing vessels targeting mediterranean swordfish ; ### active fishing vessels , as defined in regulation no 1380 / 2013 , targeting mediterranean swordfish , and , wherever applicable , having an associated record of catches ;


### where the quota allocated to the flag member state is exhausted , dead swordfish shall be landed whole and unprocessed and shall be subject to confiscation and the appropriate follow - up action . member states shall provide information on the quantity of such dead swordfish on an annual basis to the commission who shall forward it to the iccat secretariat , in accordance with article 21 . ### where the quota allocated to the flag member state is exhausted , dead swordfish shall be landed whole and unprocessed and shall be handed over to the designated authority . member states shall provide information on the quantity of such dead swordfish on an annual basis to the commission who shall forward it to the iccat secretariat , in accordance with article 21 .


### fishing vessels targeting mediterranean swordfish ; ### active fishing vessels targeting mediterranean swordfish and , where applicable , having an associated record of catches ;


### by way of derogation from article 15 of regulation no 1380 / 2013 , it shall be prohibited to catch , retain on board , tranship or land more than one swordfish per vessel per day for recreational fisheries . member states shall take the necessary measures to ensure and facilitate the release of swordfish caught alive in the framework of recreational fishing . ### by way of derogation from article 15 of regulation no 1380 / 2013 , it shall be prohibited to catch , retain on board , tranship or land more than one swordfish per vessel per day for recreational fisheries . member states shall take the necessary measures to ensure and facilitate the release of swordfish caught alive in the framework of recreational fishing and should be able to take more restrictive measures which improve swordfish protection .


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


### this directive applies to certain unfair trading practices which occur in relation to the sales of food products by a supplier that is a small and medium - sized enterprise to a buyer that is not a small and medium - sized enterprise . ### this directive applies to certain unfair trading practices which occur in relation to the sales of food products , or to services related to those products , by a supplier to a buyer that is not a small and medium - sized enterprise .


### to impose a pecuniary fine on the author of the infringement . the fine shall be effective , proportionate and dissuasive taking into account the nature , duration and gravity of the infringement ; ### to impose a penalty on the author of the infringement . the penalty shall be effective , proportionate to the harm caused and dissuasive taking into account the nature , duration and gravity of the infringement ;


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


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


### “food products” means products listed in annex i to the treaty intended for use as food as well as products not listed in that annex , but processed from those products for use as food ; ### “agricultural or food products” means products listed in annex i to the treaty intended for use as food , products not listed in that annex , but processed from those products for use as food , and agricultural products ;


### as a majority of member states already have national rules on unfair trading practices , albeit diverging , it is appropriate to use the tool of a directive to introduce a minimum protection standard under union law . this should enable member states to integrate the relevant rules into their national legal order in such a way as to bring about a cohesive regime . member states should not be precluded from adopting and applying on their territory stricter national laws protecting small and medium - sized suppliers and buyers against unfair trading practices occurring in business - to - business relationships in the food supply chain , subject to the limits of union law applicable to the functioning of the internal market . ### as a majority of member states already have national rules on unfair trading practices , albeit diverging , it is appropriate to use the tool of a directive to introduce a minimum protection standard under union law . this should enable member states to integrate the relevant rules into their national legal order in such a way as to bring about a cohesive regime . member states should not be precluded from adopting and applying on their territory stricter national laws protecting suppliers and buyers against unfair trading practices occurring in business - to - business relationships in the agricultural and food supply chain , subject to the limits of union law applicable to the functioning of the internal market .


### &#8220 ; buyer&#8221 ; means any natural or legal person established in the union who buys food products by way of trade . the term ' buyer ' may include a group of such natural and legal persons ; ### &#8220 ; buyer&#8221 ; means any natural or legal person which not a small , medium - sized or cap - sized enterprise , irrespective of where they are established , who buys food products for processing or distribution in the union by way of trade . the term ' buyer ' may include a group of such natural and legal persons ;


### member states shall ensure that the following trading practices are prohibited , if they are not agreed in clear and unambiguous terms at the conclusion of the supply agreement : ### member states shall ensure that the following trading practices are prohibited , if they are not agreed in clear and unambiguous terms by the contracting parties at the conclusion of the supply agreement :


### no sooner than three years after the date of application of this directive , the commission shall carry out an evaluation of this directive and present a report on the main findings to the european parliament , the council and the european economic and social committee and the committee of the regions . ### no later than three years after the date of application of this directive , the commission shall carry out an evaluation of this directive and present a report on the main findings to the european parliament , the council and the european economic and social committee and the committee of the regions . in the framework of the evaluation , the need for additional unfair trading practices should be examined .


### a supplier pays for the wastage of food products that occurs on the buyer ' s premises and that is not caused by the negligence or fault of the supplier . ### a supplier pays for the wastage of food products that were delivered in due time and at the agreed quality that occurs on the buyer ' s premises and that is not caused by the negligence or fault of the supplier ;


### to impose a pecuniary fine on the author of the infringement . the fine shall be effective , proportionate and dissuasive taking into account the nature , duration and gravity of the infringement ; ### to impose a penalty on the author of the infringement . the penalty shall be effective , proportionate to the harm caused and dissuasive taking into account the nature , duration and gravity of the infringement . enforcement authorities shall seek the termination of the practice ;


### a minimum union standard of protection against certain manifestly unfair trading practices should be introduced to reduce the occurrence of such practices and to contribute to ensuring a fair standard of living for agricultural producers . it should benefit all agricultural producers or any natural or legal person that supplies food products , including producer organisations and associations of producer organisations , provided that all those persons meet the definition of micro , small and medium - sized enterprises set out in the annex to commission recommendation 2003 / 361 / ec12 . those micro , small or medium suppliers are particularly vulnerable to unfair trading practices and least able to weather them without negative effects on their economic viability . as the financial pressure on small and medium - sized enterprises caused by unfair trading practices often passes through the chain and reaches agricultural producers , rules on unfair trading practices should also protect small and medium - sized intermediary suppliers at the stages downstream of primary production . protection of intermediary suppliers should also avoid unintended consequences of trade diversion away from agricultural producers and their associations , who produce processed products , to non - protected suppliers . __________________ 12 oj l 124 , 20 . 5 . 2003 , p . 36 . ### a minimum union standard of protection against certain manifestly unfair trading practices should be introduced to reduce the occurrence of such practices and to contribute to ensuring a fair standard of living for agricultural producers . it should benefit all agricultural producers or any natural or legal person that supplies food products , including producer organisations and associations of producer organisations , provided that all those persons meet the definition of micro , small and medium - sized enterprises set out in the annex to commission recommendation 2003 / 361 / ec12 or are mid - cap enterprises . those micro , small , medium or mid - cap suppliers are particularly vulnerable to unfair trading practices and least able to weather them without negative effects on their economic viability . as the financial pressure on small and medium - sized and mid - cap enterprises caused by unfair trading practices often passes through the chain and reaches agricultural producers , rules on unfair trading practices should also protect small and medium - sized and mid - cap intermediary suppliers at the stages downstream of primary production . protection of intermediary suppliers should also avoid unintended consequences of trade diversion away from agricultural producers and their associations , who produce processed products , to non - protected suppliers . __________________ 12 oj l 124 , 20 . 5 . 2003 , p . 36 .


### a minimum union standard of protection against certain manifestly unfair trading practices should be introduced to reduce the occurrence of such practices and to contribute to ensuring a fair standard of living for agricultural producers . it should benefit all agricultural producers or any natural or legal person that supplies food products , including producer organisations and associations of producer organisations , provided that all those persons meet the definition of micro , small and medium - sized enterprises set out in the annex to commission recommendation 2003 / 361 / ec12 . those micro , small or medium suppliers are particularly vulnerable to unfair trading practices and least able to weather them without negative effects on their economic viability . as the financial pressure on small and medium - sized enterprises caused by unfair trading practices often passes through the chain and reaches agricultural producers , rules on unfair trading practices should also protect small and medium - sized intermediary suppliers at the stages downstream of primary production . protection of intermediary suppliers should also avoid unintended consequences of trade diversion away from agricultural producers and their associations , who produce processed products , to non - protected suppliers . __________________ 12 oj l 124 , 20 . 5 . 2003 , p . 36 . ### a minimum union standard of protection against certain manifestly unfair trading practices should be introduced to reduce the occurrence of such practices and to contribute to ensuring a fair standard of living for agricultural producers . it should benefit all agricultural producers or any natural or legal person that supplies agricultural or food products , including producer organisations and associations of producer organisations , provided that all those persons meet the definition of micro , small and medium - sized enterprises set out in the annex to commission recommendation 2003 / 361 / ec12 or are mid - cap enterprises . those micro , small , medium or mid - cap suppliers are particularly vulnerable to unfair trading practices and least able to weather them without negative effects on their economic viability . as the financial pressure on small and medium - sized and mid - cap enterprises caused by unfair trading practices often passes through the chain and reaches agricultural producers , rules on unfair trading practices should also protect small and medium - sized and mid - cap intermediary suppliers at the stages downstream of primary production . protection of intermediary suppliers should also avoid unintended consequences of trade diversion away from agricultural producers and their associations , who produce processed products , to non - protected suppliers . __________________ 12 oj l 124 , 20 . 5 . 2003 , p . 36 .


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


### the number and size of operators vary across the different stages of the food supply chain . differences in bargaining power relate to the different levels of concentration of operators and can enable the unfair exercise of bargaining power by using unfair trading practices . unfair trading practices are in particular harmful for small and medium - sized operators in the food supply chain . agricultural producers , who supply primary agricultural products , are largely small and medium - sized . ### the number and size of operators vary across the different stages of the food supply chain . differences in bargaining power relate to the different levels of concentration of operators and can enable the unfair exercise of bargaining power by using unfair trading practices . unfair trading practices are in particular harmful for small and medium - sized and mid - cap operators in the agricultural and food supply chain .


### a buyer unilaterally and retroactively changes the terms of the supply agreement concerning the frequency , timing or volume of the supply or delivery , the quality standards or the prices of the food products ; ### a buyer unilaterally and retroactively changes the terms of the supply agreement concerning the frequency , timing or volume of the supply or delivery , the quality standards or the prices of the agricultural or food products ;


### the enforcement authority shall ensure , if so requested by the complainant , the confidentiality of the identity of the complainant and any other information , in respect of which the complainant considers disclosure harmful to his interests . the complainant shall identify such information in a possible request for confidentiality . ### the enforcement authority shall ensure , if so requested by the complainant , the confidentiality of the identity of the complainant and any other information , in respect of which the complainant considers disclosure harmful to his interests . the complainant shall identify such information in a possible request for confidentiality . the authority shall guarantee the confidentiality of the procedure for the benefit of the defendant . this is without prejudice to the procedural rights of the defendant .


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


### as unfair trading practices may occur at any stage of the sale of a food product , i . e . before , during or after a sales transaction , member states should ensure that the provisions of this directive should apply to such practices whenever they occur . ### as unfair trading practices may occur at any stage of the sale of an agricultural or food product , i . e . before , during or after a sales transaction , member states should ensure that the provisions of this directive should apply to such practices whenever they occur .


### a minimum union standard of protection against certain manifestly unfair trading practices should be introduced to reduce the occurrence of such practices and to contribute to ensuring a fair standard of living for agricultural producers . it should benefit all agricultural producers or any natural or legal person that supplies food products , including producer organisations and associations of producer organisations , provided that all those persons meet the definition of micro , small and medium - sized enterprises set out in the annex to commission recommendation 2003 / 361 / ec12 . those micro , small or medium suppliers are particularly vulnerable to unfair trading practices and least able to weather them without negative effects on their economic viability . as the financial pressure on small and medium - sized enterprises caused by unfair trading practices often passes through the chain and reaches agricultural producers , rules on unfair trading practices should also protect small and medium - sized intermediary suppliers at the stages downstream of primary production . protection of intermediary suppliers should also avoid unintended consequences of trade diversion away from agricultural producers and their associations , who produce processed products , to non - protected suppliers . __________________ 12 oj l 124 , 20 . 5 . 2003 , p . 36 . ### a minimum union standard of protection against certain manifestly unfair trading practices should be introduced to reduce the occurrence of such practices and to contribute to ensuring a fair standard of living for agricultural producers . it should benefit all agricultural producers or any natural or legal person that supplies food products , including producer organisations and associations of producer organisations , provided that all those persons meet the definition of micro , small and medium - sized enterprises set out in the annex to commission recommendation 2003 / 361 / ec12 . those micro , small or medium suppliers are particularly vulnerable to unfair trading practices and least able to weather them without negative effects on their economic viability . __________________ 12 oj l 124 , 20 . 5 . 2003 , p . 36 .


### &#8220 ; buyer&#8221 ; means any natural or legal person established in the union who buys food products by way of trade . the term ' buyer ' may include a group of such natural and legal persons ; ### &#8220 ; buyer&#8221 ; means any natural or legal person , irrespective of their place of establishment , who buys agricultural products for processing or distribution in the union and provides services to suppliers by way of trade . the term ' buyer ' may include a group of such natural and legal persons , including those that only provide services to suppliers ;


### this directive applies to certain unfair trading practices which occur in relation to the sales of food products by a supplier that is a small and medium - sized enterprise to a buyer that is not a small and medium - sized enterprise . ### this directive applies to certain unfair trading practices which occur in relation to the sales of food products , or to services related to those products , by a supplier to a buyer that is not a small and medium - sized enterprise .


### member states shall ensure that the following trading practices are prohibited : ### member states shall ensure that the following trading practices for perishable agricultural or food products are prohibited :


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


### a supplier shall address a complaint to the enforcement authority of the member state in which the buyer suspected to have engaged in a prohibited trading practice is established . ### in case of conflict , the parties shall first conduct a mediation procedure . should this mediation procedure not result in a solution of the conflict , the supplier is entitled to issue a complaint to the enforcement authority of the member state in which the buyer suspected to have engaged in a prohibited trading practice is established .


### articles 5 , 10 , 11 and 25 and chapter v shall apply to all rail passenger services referred to in paragraph 1 , including services exempted in accordance with points and of paragraph 2 . ### articles 5 , 6 , 10 , 11 , 17 and chapter v shall apply to all rail passenger services referred to in paragraph 1 , including services exempted in accordance with points and of paragraph 2 .


### the compensation referred to in paragraph 1 shall be equal to the cost of replacement or repair of the equipment or devices lost or damaged . ### the compensation referred to in paragraph 1 shall be executed in a timely manner and equal to the full cost of replacement based on the actual value , or on the full costs of repair of the wheelchair , equipment or devices lost or damaged , or the loss or injury of the certified assistance dog . the compensation shall also include the costs of temporary replacement in case of repair , where these are borne by the passenger .


### the increasing popularity of cycling across the union has implications for overall mobility and tourism . an increase in the use of both railways and cycling in the modal split reduces the environmental impact of transport . therefore , railway undertakings should facilitate the combination of cycling and train journeys as much as possible , in particular by allowing the carriage of bicycles on board trains . ### the increasing popularity of cycling across the union has implications for overall mobility and tourism . an increase in the use of both railways and cycling in the modal split reduces the environmental impact of transport . therefore , railway undertakings should facilitate the combination of cycling and train journeys as much as possible , in particular by allowing the carriage of bicycles in areas intended for that purpose on board all types of trains , including high - speed , long - distance , cross - border and local services . by 2024 , all new railway rolling stock should at least have one area in which to carry bicycles .


### on departure from , transit through or arrival at , a staffed railway station of a person&#160 ; with disabilities&#160 ; or a person with reduced mobility , the station manager&#160 ; or the railway undertaking or both shall provide assistance free of charge in such a way that that person is able to board the departing service , or to disembark from the arriving service for which he or she purchased a ticket , without prejudice to the access rules referred to in article 20 . ### on departure from , transit through or arrival at , a staffed railway station of a person&#160 ; with disabilities&#160 ; or a person with reduced mobility , the station manager&#160 ; or the railway undertaking or both shall provide assistance free of charge in such a way that that person is able to board the departing service , or to disembark from the arriving service for which he or she purchased a ticket , without prejudice to the access rules referred to in article 20 . the booking of assistance shall always be free of charge , irrespective of the communication channel being used .


### railway undertakings and ticket vendors offering transport contracts on behalf of one or more railway undertakings shall provide the passenger , upon request , with at least the information set out in annex ii , part i in relation to the journeys for which a transport contract is offered by the railway undertaking concerned . ticket vendors offering transport contracts on their own account , and tour operators , shall provide this information where available . ### railway undertakings , tour operators and ticket vendors offering transport contracts on their own behalf or on behalf of one or more railway undertakings shall provide the passenger with at least the information set out in annex ii , part i in relation to the journeys for which a transport contract is offered by the railway undertaking concerned .


### urban , suburban and regional rail passenger services as referred to in directive&#160 ; 2012 / 34 / eu , except cross - border services within the union ; ### urban and suburban rail passenger services as referred to in directive&#160 ; 2012 / 34 / eu , except cross - border services within the union ;


### ‘ through - ticket’ means a ticket or tickets representing a single transport contract for successive railway services operated by one or more railway undertakings ; ### ‘ through - ticket’ means a ticket or tickets representing a single transport contract for successive railway services operated by one or more railway undertakings ; several tickets always represent a single contract of carriage if they are part of an actual travel chain .


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


### assistance shall be provided on condition that the railway undertaking , the station manager , the ticket vendor or the tour operator with which the ticket was purchased is notified of the person ' s need for such assistance at least 48 hours before the assistance is needed . where&#160 ; a ticket&#160 ; or season ticket permits multiple journeys , one notification shall be sufficient provided that adequate information on the timing of subsequent journeys is provided . such notifications shall be forwarded to all other railway undertakings and station managers involved in the person ' s journey ; ### assistance shall be provided during times rail services operate on condition that the railway undertaking , the station manager , the ticket vendor or the tour operator with which the ticket was purchased is notified of the person ' s need for such assistance at least 24 hours before the assistance is needed . in stations where daily traffic exceeds 10&#160 ; 000 passengers per day , this notification shall be reduced to twelve hours . in stations where daily traffic exceeds 30&#160 ; 000 passengers per day , this notification shall be reduced to six hours . where&#160 ; a ticket&#160 ; or season ticket permits multiple journeys , one notification shall be sufficient provided that adequate information on the timing of subsequent journeys is provided . such notifications shall be forwarded to all other railway undertakings and station managers involved in the person ' s journey ;


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


### the national enforcement bodies shall closely monitor compliance with this regulation and take the measures necessary to ensure that the rights of passengers are upheld . for this purpose , railway undertakings , station managers and infrastructure managers shall provide the bodies with relevant documents and information at their request . in carrying out their functions , the bodies shall take account of the information submitted to them by the body designated under article 33 to handle complaints , if this is a different body . they may also decide on enforcement actions based on individual complaints transmitted by such a body . ### the national enforcement bodies shall closely monitor compliance with this regulation and take the measures necessary to ensure that the rights of passengers are upheld . for this purpose , railway undertakings , station managers and infrastructure managers shall provide the bodies with relevant documents and information at their request without delay and in any event within one month . in carrying out their functions , the bodies shall take account of the information submitted to them by the body designated under article 33 to handle complaints , if this is a different body . member states shall ensure that national enforcement and complaint handling bodies shall be given sufficient powers and resources for the adequate and effective enforcement of individual complaints from passengers under this regulation .


### when a railway undertaking , ticket vendor or tour operator exercises the derogation provided for in article 20 , it shall upon request inform in writing the person with disabilities or person with reduced mobility concerned of its reasons for doing so within five working days of the refusal to make the reservation or to issue the ticket or the imposition of the condition of being accompanied . the railway undertaking , ticket vendor or tour operator shall make reasonable efforts to propose an alternative transport option to the person in question taking into account his or her accessibility needs . ### when a railway undertaking , ticket vendor or tour operator exercises the derogation provided for in article 20 , it shall upon request inform in writing the person with disabilities or person with reduced mobility concerned of its reasons for doing so within five working days of the refusal to make the reservation or to issue the ticket or the imposition of the condition of being accompanied . the railway undertaking , ticket vendor or tour operator shall propose an alternative transport option to the person in question taking into account his or her accessibility needs


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


### the compensation referred to in paragraph 1 shall be equal to the cost of replacement or repair of the equipment or devices lost or damaged . ### the compensation for loss or damage referred to in paragraph 1 shall be timely executed and equal to the full cost of replacement based on the actual value , or on the full costs of repair , of the wheelchair , equipment , devices lost or damaged , or the loss or injury of the certified assistance dog . the compensation shall also include the cost of temporary replacement in case of repair , when those costs are borne by the passenger .


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


### ensure that , upon recruitment , all new employees receive disability - related training and that personnel attend regular refresher training courses . ### ensure that , upon recruitment , all new employees and those who provide direct assistance to passengers with disabilities and passengers with reduced mobility receive disability - related training and that personnel attend regular refresher training courses .


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


### railway undertakings should facilitate the transfer of rail passengers from one operator to another by the provision of through - tickets , whenever possible . ### railway undertakings should facilitate the transfer of rail passengers from one operator to another by the provision of through - tickets .


### in addition to the obligations on railway undertakings pursuant to article 13a of directive 2012 / 34 / eu , the station manager of a railway station handling at least 10 000 passengers per day on average over a year shall ensure that the operations of the station , the railway undertakings and the infrastructure manager are coordinated through a proper contingency plan in order to prepare for the possibility of major disruption and long delays leading to a considerable number of passengers being stranded in the station . the plan shall ensure that stranded passengers are provided with adequate assistance and information , including in accessible formats in accordance with the accessibility requirements laid down in directive xxx . upon request , the station manager shall make the plan , and any amendments to it , available to the national enforcement body or to any other body designated by a member state . station managers of railway stations handling fewer than 10 000 passengers per day on average over a year shall make all reasonable efforts to coordinate station users and to assist and inform stranded passengers in such situations . ### in addition to the obligations on railway undertakings pursuant to article 13a of directive 2012 / 34 / eu , the station manager of a railway station handling at least 10 000 passengers per day on average over a year shall ensure that the operations of the station , the railway undertakings and the infrastructure manager are coordinated through a proper contingency plan in order to prepare for the possibility of major disruption and long delays leading to a considerable number of passengers being stranded in the station . the plan shall pay particular attention to the needs of persons with disabilities and persons with reduced mobility . the plan shall also ensure that stranded passengers are provided with adequate assistance and information , including in accessible formats in accordance with the accessibility requirements laid down in directive xxx , including requirements for accessibility to alarm and information systems . upon request , the station manager shall make the plan , and any amendments to it , available to the national enforcement body or to any other body designated by a member state . station managers of railway stations handling fewer than 10 000 passengers per day on average over a year shall make all reasonable efforts to coordinate station users and to assist and inform stranded passengers in such situations .


### railway undertakings and , where possible , ticket vendors shall provide the passenger during the journey , including at connecting stations , with at least the information set out in annex ii , part ii . ### railway undertakings shall provide the passenger during the journey , including at connecting stations , with at least the information set out in annex ii , part ii . ticket vendors shall also provide this information using data provided by railway undertakings according to paragraph 3 .


### in addition to the obligations on railway undertakings pursuant to article 13a of directive 2012 / 34 / eu , the station manager of a railway station handling at least 10 000 passengers per day on average over a year shall ensure that the operations of the station , the railway undertakings and the infrastructure manager are coordinated through a proper contingency plan in order to prepare for the possibility of major disruption and long delays leading to a considerable number of passengers being stranded in the station . the plan shall ensure that stranded passengers are provided with adequate assistance and information , including in accessible formats in accordance with the accessibility requirements laid down in directive xxx . upon request , the station manager shall make the plan , and any amendments to it , available to the national enforcement body or to any other body designated by a member state . station managers of railway stations handling fewer than 10 000 passengers per day on average over a year shall make all reasonable efforts to coordinate station users and to assist and inform stranded passengers in such situations . ### in addition to the obligations on railway undertakings pursuant to article 13a of directive 2012 / 34 / eu , the station manager of a railway station handling at least 10 000 passengers per day on average over a year shall ensure that the operations of the station , the railway undertakings and the infrastructure manager are coordinated through a proper contingency plan in order to prepare for the possibility of major disruption and long delays leading to a considerable number of passengers being stranded in the station . the plan shall ensure that stranded passengers , including those with disabilities and / or reduced mobility , are provided with adequate assistance and information , including in accessible formats in accordance with the accessibility requirements laid down in directive xxx . the plan shall also include requirements for the accessibility of alert and information systems . upon request , the station manager shall make the plan , and any amendments to it , available to the national enforcement body or to any other body designated by a member state . station managers of railway stations handling fewer than 10 000 passengers per day on average over a year shall make all reasonable efforts to coordinate station users and to assist and inform stranded passengers in such situations .


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


### urban , suburban and regional rail passenger services are different in character from long - distance services . member states should therefore be allowed to exempt urban , suburban and regional rail passenger services which are not cross - border services within the union from certain provisions on passengers ' rights . ### urban , suburban and regional rail passenger services are different in character from long - distance services . member states should therefore be allowed to exempt urban , suburban and regional rail passenger services from certain provisions on passengers ' rights .


### urban , suburban and regional rail passenger services as referred to in directive 2012 / 34 / eu , except cross - border services within the union ; ### urban , suburban and regional rail passenger services as referred to in directive 2012 / 34 / eu ;


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


### urban , suburban and regional rail passenger services are different in character from long - distance services . member states should therefore be allowed to exempt urban , suburban and regional rail passenger services which are not cross - border services within the union from certain provisions on passengers ' rights . ### urban and suburban rail passenger services are different in character from regional or long - distance services . member states should therefore be allowed to exempt urban and suburban rail passenger services which are not cross - border services within the union from certain provisions on passengers ' rights .


### member states may require railway undertakings to provide tickets for services provided under public service contracts through more than one point of sale . ### competent authorities responsible for a public service railway contract within the meaning of regulation no 1370 / 2007 concerning the opening of the market for domestic passenger transport services by rail may require railway undertakings to provide tickets for services provided under public service contracts through more than one point of sale .


### in the light of the united nations convention on the rights of persons with disabilities and in order to give persons with disabilities and persons with reduced mobility opportunities for rail travel comparable to those of other citizens , rules for non - discrimination and assistance during their journey should be established . persons with disabilities and persons with reduced mobility , whether caused by disability , age or any other factor , have the same right as all other citizens to free movement and to non - discrimination . inter alia , special attention should be given to the provision of information to persons with disabilities and persons with reduced mobility concerning the accessibility of rail services , access conditions of rolling stock and the facilities on board . in order to provide passengers with sensory impairment with the best information on delays , visual and audible systems should be used , as appropriate . persons with disabilities and persons with reduced mobility should be enabled to buy tickets on board a train without extra charges . staff should be adequately trained to respond to the needs of persons with disabilities and persons with reduced mobility , notably when providing assistance . to ensure equal travel conditions , such persons should be provided with assistance at stations and on board at all times when trains operate and not only at certain times of the day . ### in the light of the united nations convention on the rights of persons with disabilities and in order to give persons with disabilities and persons with reduced mobility opportunities for rail travel comparable to those of other citizens , rules for non - discrimination and assistance before and during their journey should be established . persons with disabilities and persons with reduced mobility , whether caused by disability , age or any other factor , have the same right as all other citizens to free movement and to non - discrimination . inter alia , special attention should be given to the provision of information to persons with disabilities and persons with reduced mobility concerning the accessibility of rail services , access conditions of rolling stock and the facilities on board . in order to provide passengers with sensory impairment with the best information on delays , visual and audible systems should be used , as appropriate . persons with disabilities and persons with reduced mobility should be enabled to buy tickets on board a train without extra charges when there is no other way to purchase tickets in advance . staff should be adequately trained to respond to the needs of persons with disabilities and persons with reduced mobility , notably when providing assistance . to ensure equal travel conditions , such persons should be provided with free assistance at stations and on board at all times when trains operate and not only at certain times of the day .


### railway undertakings shall , at the request of the passenger , certify on the ticket or by any other means that the rail service has suffered a delay , led to a missed connection or that it has been cancelled , as the case might be . ### railway undertakings shall certify on the ticket or by any other means that the rail service has suffered a delay , led to a missed connection or that it has been cancelled , as the case might be .


### assistance shall be provided on condition that the person with disabilities or person with reduced mobility presents him or herself at the designated point at a time stipulated by the railway undertaking or station manager providing such assistance . any time stipulated shall not be more than 60 minutes before the published departure time or the time at which all passengers are asked to check in . if no time is stipulated by which the person with disabilities or person with reduced mobility is required to present him or herself , the person shall present him or herself at the designated point at least 30 minutes before the published departure time or the time at which all passengers are asked to check in . ### assistance shall be provided on condition that the person with disabilities or person with reduced mobility presents him or herself at the designated point at the time at which all passengers are asked to check in .


### railway undertakings and ticket vendors shall offer tickets and , where available , through - tickets and reservations . they shall make all possible efforts to offer through - tickets , including for journeys across borders and with more than one railway undertaking . ### railway undertakings , ticket vendors and tour operators shall offer tickets , through - tickets and reservations , including for journeys across borders or involving night trains and journeys with more than one railway undertaking . booking of those tickets shall be accessible and non - discriminatory , including for persons with disabilities and persons with reduced mobility . railway undertakings , ticket vendors and tour operators shall develop suitable application programming interfaces and data formats to allow the exchange of information across network , regional and national boundaries and the booking of tickets via the internet .


### passengers may submit a complaint to any railway undertaking , ticket vendor , railway station or infrastructure manager involved . complaints shall be submitted within six months of the incident that is the subject of the complaint . within one month of receiving the complaint , the addressee shall either give a reasoned reply or , in justified cases , inform the passenger by what date within a period of less than three months from the date of receipt of the complaint a reply can be expected . railway undertakings , ticket vendors , station managers and infrastructure managers shall keep the incident data necessary to assess the complaint for two years and make them available to national enforcement bodies upon request . ### passengers may submit a complaint to any railway undertaking , ticket vendor , station manager or infrastructure manager involved . passengers shall have the right to submit complaints in the same manner in which they received their ticket . complaints shall be submitted within six months of the incident that is the subject of the complaint . within one month of submitting the complaint , the addressee shall either give a reasoned reply or , in justified cases , inform the passenger by what date within a period of less than three months from the date of receipt of the complaint a reply can be expected . railway undertakings , ticket vendors , station managers and infrastructure managers shall keep the incident data necessary to assess the complaint for two years and make them available to national enforcement bodies upon request .


### railway undertakings and station managers shall , with the active involvement of representative organisations of persons with disabilities and persons with reduced mobility , establish , or shall have in place , non - discriminatory access rules for the transport of persons with disabilities and persons with reduced mobility including their personal assistants . the rules shall allow the passenger to be accompanied by an assistance dog in accordance with any relevant national rules . ### railway undertakings and station managers shall , with the active involvement of representative organisations of persons with disabilities and persons with reduced mobility , establish , or shall have in place , non - discriminatory access rules for the transport of persons with disabilities and persons with reduced mobility including their personal assistants . the rules shall allow the passenger to be accompanied by a service animal in accordance with any relevant national rules , and shall ensure that rail transport for persons with disabilities and persons with reduced mobility is immediate and spontaneous wherever possible .


### railway undertakings and , where possible , ticket vendors shall provide the passenger during the journey , including at connecting stations , with at least the information set out in annex ii , part ii . ### railway undertakings and online ticket vendors shall provide the passenger during the journey , including at connecting stations , with at least the information set out in annex ii , part ii .


### the national enforcement bodies shall closely monitor compliance with this regulation and take the measures necessary to ensure that the rights of passengers are upheld . for this purpose , railway undertakings , station managers and infrastructure managers shall provide the bodies with relevant documents and information at their request . in carrying out their functions , the bodies shall take account of the information submitted to them by the body designated under article 33 to handle complaints , if this is a different body . they may also decide on enforcement actions based on individual complaints transmitted by such a body . ### the national enforcement bodies shall closely monitor compliance with this regulation and take the measures necessary to ensure that the rights of passengers are upheld . for this purpose , railway undertakings , station managers and infrastructure managers shall provide the bodies with relevant documents and information at their request . in carrying out their functions , the bodies shall take account of the information submitted to them by the body designated under article 33 to handle complaints , if this is a different body . the national enforcement body shall be granted the powers and shall have the capacity to enforce individual complaints from passengers under this regulation .


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


### compensation for delay shall be calculated in relation to the full price which the passenger actually paid for the delayed service . where the transport contract is for a return journey , compensation for delay on either the outward or the return leg shall be calculated in relation to half of the price paid for the ticket . in the same way the price for a delayed service under any other form of transport contract allowing travelling several subsequent legs shall be calculated in proportion to the full price . ### compensation for delay shall be calculated in relation to the full price which the passenger actually paid for the delayed service , ticket or combined journey . where the transport contract is for a return journey , compensation for delay on either the outward or the return leg shall be calculated in relation to half of the price paid for the ticket or combined journey . in the same way the price for a delayed service under any other form of transport contract allowing travelling several subsequent legs shall be calculated in proportion to the full price .


### minimum information to be provided to passengers ; ### minimum information to be provided to passengers by ticket vendors , regardless whether these are a subsidiary of or a department within a railway undertaking or alternatively an independent , third party entity .


### 25 % of the ticket price for a delay of 60 to 119 minutes , ### 50 % of the ticket price for a delay of 45 to 89 minutes ,