### ‘ alternative dispute resolution procedure’ means a procedure for the out - of - court resolution of a dispute through the intervention of a dispute resolution entity which proposes or imposes a solution or brings the parties together with the aim of facilitating an amicable solution ; ### ' alternative dispute resolution procedure ' means a procedure for the out - of - court resolution of a dispute through the intervention of an adr entity which proposes or imposes a solution or brings the parties together with the aim of facilitating an amicable solution as referred to in article 2 of directive [ office of publications insert number of directive of the european parliament and of the council on alternative dispute resolution for consumer disputes and amending regulation no 2006 / 2004 and directive 2009 / 22 / ec ] and is carried out by an adr entity ;


### if , following the notification of the dispute to the parties , the parties agree to institute proceedings before the entity , accomplish the conclusion of the dispute resolution procedure within 30 days from when the proceedings have been instituted . in the case of complex disputes , the adr entity may extend this time limit ; ### if , following the notification of the dispute to the parties , the parties agree to institute proceedings before the entity , accomplish the conclusion of the dispute resolution procedure within 90 days from the date on which the complaint has been notified to the parties in accordance with article 8 of directive . . . / . . . / eu [ office of publications please insert number of directive of the european parliament and of the council on alternative dispute resolution for consumer disputes and amending directive 2009 / 22 / ec ] . where disputes are of a complex or highly technical nature the adr entity may extend this time period . any extension shall be notified to the parties , together with an expected approximate length for the conclusion of the dispute .


### if , following the notification of the dispute to the parties , the parties agree to institute proceedings before the entity , accomplish the conclusion of the dispute resolution procedure within 30 days from when the proceedings have been instituted . in the case of complex disputes , the adr entity may extend this time limit ; ### if , following the notification of the dispute to the parties , the parties agree to institute proceedings before the entity , normally accomplish the conclusion of the dispute resolution procedure within a timeframe of 90 calendar days from the time when the adr entity officially opens the procedure . in the case of complex or technical disputes , the adr entity may extend this time limit in order to guarantee high - quality dispute resolution ;


### ‘ alternative dispute resolution procedure’ means a procedure for the out - of - court resolution of a dispute through the intervention of a dispute resolution entity which proposes or imposes a solution or brings the parties together with the aim of facilitating an amicable solution ; ### ' alternative dispute resolution procedure ' means a procedure , as referred to in article 2 of [ office of publications please insert number of directive of the european parliament and of the council on alternative dispute resolution for consumer disputes and amending regulation no 2006 / 2004 and directive 2009 / 22 / ec ] , for the out - of - court resolution of domestic and cross - border contractual disputes through the intervention of a dispute resolution entity which proposes or imposes a solution or brings the parties together with the aim of facilitating an amicable solution and which complies with the quality criteria set out in chapter ii of [ office of publications please insert number of directive of the european parliament and of the council on alternative dispute resolution for consumer disputes and amending regulation no 2006 / 2004 and directive 2009 / 22 / ec ] ; procedures before dispute resolution entities where the natural persons in charge of dispute resolution are employed by or receive any form of remuneration from the trader , direct negotiation between the consumer and the trader , whether represented or not , and attempts made by a judge to settle a dispute in the course of a judicial proceeding concerning that dispute shall not be regarded as adr procedures ;


### this regulation shall apply to the out - of - court resolution of contractual disputes arising from the cross - border online sale of goods or provision of services between consumers and traders through the intervention of an alternative dispute resolution entity complying with directive [ office of publications please insert number of directive of the european parliament and of the council on alternative dispute resolution for consumer disputes and amending regulation no 2006 / 2004 and directive 2009 / 22 / ec ] and involving the use of a european online dispute resolution platform . ### this regulation shall apply to the out - of - court resolution of contractual disputes arising from the online sale of goods or provision of services between consumers and traders through the intervention of an alternative dispute resolution entity which is established on a durable basis , complies with the quality criteria set out in chapter ii of [ office of publications please insert number of directive of the european parliament and of the council on alternative dispute resolution for consumer disputes and amending regulation no 2006 / 2004 and directive 2009 / 22 / ec ] , have been notified to the commission in accordance with article 17 of [ office of publications please insert number of directive of the european parliament and of the council on alternative dispute resolution for consumer disputes and amending regulation no 2006 / 2004 and directive 2009 / 22 / ec ] and involving the use of a european online dispute resolution platform .


### the commission shall lay down the modalities of the electronic complaint form by means of implementing acts . those implementing acts shall be adopted in accordance with the advisory procedure referred to in article 15 . ### the commission shall be empowered to adopt delegated acts in accordance with article 16 to lay down the modalities of the electronic complaint form , taking into account technical progress . before adopting such delegated acts , the commission shall consult the european data protection supervisor .


### the odr platform shall be an interactive website which can be accessed electronically and free of charge in all official languages of the union . the odr platform shall be a single point of entry to consumers and traders seeking the out - of - court resolution of disputes covered by this regulation . ### the online signposting platform shall be an interactive website which can be accessed electronically and free of charge in all official languages of the union . the online signposting platform shall be a single point of entry to consumers and traders seeking information on out - of - court resolution of contractual disputes arising from the sale of goods or provision of services between consumers and traders and / or seeking the out - of - court resolution of disputes covered by this regulation .


### the commission shall establish a european online dispute resolution platform , . ### the commission shall establish a european online dispute resolution platform , , and provide prominent links to the platform on the your europe portal and other commission websites offering consumer information , such as the ecc net website .


### the purpose of this regulation is to contribute to the functioning of the internal market , and in particular its digital dimension , and to the achievement of a high level of consumer protection by providing a platform facilitating the impartial , transparent , effective and fair out - of - court resolution of disputes between consumers and traders online . ### the purpose of this regulation is to contribute to the functioning of the internal market and to the achievement of a high level of consumer protection by providing an online platform facilitating the impartial , transparent , effective and fair out - of - court resolution of disputes between consumers and traders .


### this regulation should not apply to disputes between consumers and traders that arise from the cross - border sale of goods or provision of services offline . this regulation should not apply to disputes between traders . ### this regulation should not apply to disputes between traders .


### each member state shall designate one odr contact point and communicate its name and contact details to the commission . member states may confer responsibility for the odr contact points on their centres of the european consumer centre network , on consumer associations or on any other body . each odr contact point shall host at least two online dispute resolution facilitators . ### each member state shall designate one dispute resolution contact point and communicate its name and contact details to the commission . 1a . member states shall , in the first place , confer responsibility for the contact points on their centres of the european consumer centre network . should the respective centre of the european consumer centres network not be available for this task , member states may also confer responsibility on consumer associations or on any other body . member states shall in any event give preference to existing structures when allocating this responsibility . 1b . each contact point shall host at least two dispute resolution facilitators . the contact points shall ensure that consumers are able to contact facilitators through the online signposting platform .


### facilitates the procurement of travel services which are part of an assisted travel arrangement by assisting travellers in concluding separate contracts for travel services with individual service providers ; ### facilitates the procurement of travel services which are part of a linked travel arrangement by assisting travellers in concluding separate contracts for travel services with individual service providers , one of whom may be the retailer himself ;


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


### whether access for persons with reduced mobility is guaranteed throughout the trip or holiday ; ### upon request , whether access for persons with a certain degree of reduced mobility is guaranteed throughout the trip or holiday ;


### the price increase referred to in paragraph 1 shall be valid only if the organiser notifies the traveller of it with a justification and calculation on a durable medium at the latest 20 days prior to the start of the package . ### the price increase referred to in paragraph 1 shall be valid only if the organiser notifies the traveller of it with a justification and calculation on a durable medium at the latest 40 days prior to the start of the package .


### purchased from separate traders through linked online booking processes where the traveller ' s name or particulars needed to conclude a booking transaction are transferred between the traders at the latest when the booking of the first service is confirmed ; ### purchased from separate traders through linked online booking processes where the traveller’s name or other booking data needed to conclude a booking transaction are transferred between the traders ;


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


### the traveller shall have the right to terminate the contract before the start of the package without compensation in the event of unavoidable and extraordinary circumstances occurring at the place of destination or its immediate vicinity and significantly affecting the package . ### the traveller shall have the right to terminate the contract before the start of the package without compensation in the event of unavoidable and extraordinary circumstances occurring or likely to occur at the place of destination or its immediate vicinity and significantly affecting the package . unavoidable and extraordinary circumstances shall be deemed to exist where reliable and publicly available reports , such as recommendations issued by member state authorities , advise against travelling to the place of destination .


### member states shall ensure that package travel contracts are in plain and intelligible language and , in so far as they are in writing , legible . ### member states shall ensure that package travel contracts are in plain , accessible and intelligible language and , in so far as they are in writing , legible .


### member states shall ensure that the traveller may terminate the contract before the start of the package against payment of an appropriate compensation to the organiser . the contract may specify reasonable standardised termination fees based on the time of the termination and the customary cost savings and income from alternative deployment of the travel services . in the absence of standardised termination fees , the amount of the compensation shall correspond to the price of the package minus the expenses saved by the organiser . ### member states shall ensure that the traveller may terminate the contract before the start of the package against payment of an appropriate compensation to the organiser . the contract may specify reasonable standardised termination fees based on the time of the termination and the customary cost savings and income from alternative deployment of the travel services . in the absence of standardised termination fees , the amount of the compensation shall correspond to the price of the package minus the expenses proved to have been saved by the organiser which cannot be recuperated from the service providers or through alternative deployment of the services . fees due for the termination of the contract , including administrative fees , shall not be disproportionate nor excessive . the organiser shall provide a statement of reasons for the calculation of the amount of the compensation or the standardised termination fees .


### member states shall ensure that organisers and retailers facilitating the procurement of assisted travel arrangements established in their territory obtain a security for the effective and prompt refund of all payments made by travellers and , insofar as carriage of passengers is included , for the travellers ' effective and prompt repatriation in the event of insolvency . ### member states shall ensure that organisers of packages and retailers facilitating the procurement of assisted travel arrangements obtain security for the effective and prompt refund of all payments made by travellers and , insofar as carriage of passengers is included , for the travellers ' effective and prompt repatriation in the event of the insolvency of the organiser , of the retailer or any of the assisted travel arrangement service providers .


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


### the information referred to in paragraph 1 shall be provided in a clear and prominent manner . ### the information referred to in paragraph 1 shall be provided in a clear and prominent manner . with regard to off - premises contracts , the information shall be also provided on paper .


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


### the location , main features and tourist category of the accommodation ; ### the location , main features and tourist category of the accommodation conferred by the competent body in the place where the accommodation is located , and where possible , the name of the accommodation , including the room category and its main characteristics ;


### packages and assisted travel arrangements purchased on the basis of a framework contract between the traveller ' s employer and a trader specialising in the arrangement of business travel ; ### packages and linked travel arrangements purchased on the basis of a framework contract between a business on whose behalf the traveller is travelling and a trader ;


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


### the price increase referred to in paragraph 1 shall not exceed 10% of the price of the package . ### the price increase referred to in paragraph 1 shall not exceed 5% of the price of the package .


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


### it should also be clarified that contracts by which a trader entitles the traveller after the conclusion of the contract to choose among a selection of different types of travel services , such as in the case of a package travel gift box , should constitute a package . moreover , a combination of travel services should be considered as a package where the traveller ' s name or particulars needed to conclude the booking transaction are transferred between the traders at the latest when the booking of the first service is confirmed . particulars needed to conclude a booking transaction relate to credit card details or other information necessary to obtain a payment . on the other hand , the mere transfer of particulars such as the travel destination or travel times should not be sufficient . ### it should also be clarified that contracts by which a trader entitles the traveller after the conclusion of the contract to choose among a selection of different types of travel services , such as in the case of a package travel gift box , should constitute a package . moreover , a combination of travel services should be considered as a package where the traveller ' s name or booking data needed to conclude booking transactions are transferred between the traders .


### in accordance with article 26 of the treaty , the internal market is to comprise an area without internal frontiers in which the free movement of goods and services and the freedom of establishment are ensured . the harmonisation of certain aspects of package contracts and assisted travel arrangements is necessary for the creation of a real consumer internal market in this area , striking the right balance between a high level of consumer protection and the competitiveness of businesses . ### in accordance with article 26 of the treaty , the internal market is to comprise an area without internal frontiers in which the free movement of goods and services and the freedom of establishment are ensured . the harmonisation of the rights and obligations arising from package contracts and linked travel arrangements is necessary for the creation of a real consumer internal market in this area , striking the right balance between a high level of consumer protection and the competitiveness of businesses .


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


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


### the number of persons enrolled for the package is smaller than the minimum number stated in the contract and the organiser notifies the traveller of the termination within the period fixed in the contract and not later than 20 days before the start of the package ; or ### the number of persons enrolled for the package is smaller than the minimum number stated in the contract and the organiser notifies the traveller by telephone and on a durable medium of the termination within the period fixed in the contract , provided that he offers the traveller , where available , a substitute package of equivalent or higher quality for the same or lower price ; or


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


### member states shall ensure that a retailer who has agreed to arrange the booking of a package or assisted travel arrangements or who facilitates the booking of such services shall be liable for any errors occurring in the booking process , unless such errors are attributable to the traveller or to unavoidable and extraordinary circumstances . ### member states shall ensure that a retailer who has agreed to arrange the booking of a package or linked travel arrangements or who facilitates the booking of such services shall be liable for any errors he makes in the booking process . a retailer shall not be held liable if such errors are attributable to the traveller or to unavoidable and extraordinary circumstances .


### packages and assisted travel arrangements purchased on the basis of a framework contract between the traveller ' s employer and a trader specialising in the arrangement of business travel ; ### packages and linked travel arrangements purchased on the basis of a framework contract for business travel ;


### purchased from a single point of sale within the same booking process , ### purchased from a single point of sale ,


### insofar as international conventions binding the union limit the extent of or the conditions under which compensation is to be paid by a provider carrying out a service which is part of a package , the same limitations shall apply to the organiser . insofar as international conventions not binding the union limit compensation to be paid by a service provider , member states may limit compensation to be paid by the organiser accordingly . in other cases , the contract may limit compensation to be paid by the organiser as long as that limitation does not apply to personal injury and damage caused intentionally or with gross negligence and does not amount to less than three times the total price of the package . ### with regard to damage , other than bodily injury or death , resulting from the failure to perform or the improper performance of the contract , insofar as international conventions binding the union limit the extent of or the conditions under which compensation is to be paid by a provider carrying out a service which is part of a package , the same limitations shall apply to the organiser . except in cases of bodily injury or death , insofar as international conventions not binding the union limit compensation to be paid by a service provider , member states may limit compensation to be paid by the organiser accordingly . with regard to damage , other than bodily injury or death , resulting from the failure to perform or the improper performance of the contract , member states may permit a contractual limitation of the compensation , provided it is not unreasonable . without prejudice to such a limitation , the contract may not provide for the non - application of the provisions of paragraphs 1 , 2 , 3 or 4 .


### if , before the start of the package , the organiser is constrained to alter significantly any of the main characteristics of the travel services as defined in point of article 4 or special requirements as referred to in point of article 6 , the organiser shall without undue delay inform the traveller in a clear and prominent manner on a durable medium of : ### if , before the start of the package , the organiser is constrained to alter significantly any of the main characteristics of the travel services as defined in point of article 4 or special requirements as referred to in point of article 6 , the organiser shall inform the traveller of the proposed changes without undue delay in a clear and prominent manner on a durable medium . the traveller shall have the right to : withdraw from the contract without penalty ; or accept the changes ; or be offered a substitute package


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


### this directive is to contribute to the proper functioning of the internal market and to the achievement of a high level of consumer protection by approximating certain aspects of the laws , regulations and administrative provisions of the member states in respect of contracts on package travel and assisted travel arrangements concluded between travellers and traders . ### this directive is to contribute to the proper functioning of the internal market and to the achievement of a high and as uniform as possible level of consumer protection as regards the laws , regulations and administrative provisions of the member states in respect of contracts on package travel and linked travel arrangements concluded between travellers and traders .


### on the basis of separate bookings on the occasion of a single visit or contact with the point of sale ; or ### where the traveller selects and agrees to pay for each travel service separately on the occasion of a single visit or contact with the point of sale , provided that he is informed in a clear and prominent manner and on a durable medium before being bound by any contract that he will not benefit from any of the rights granted by this directive exclusively to package travellers unless he purchases the combination of travel services under the conditions referred to in point 2 ; or


### the traveller shall have the right to terminate the contract before the start of the package without compensation in the event of unavoidable and extraordinary circumstances occurring at the place of destination or its immediate vicinity and significantly affecting the package . ### the traveller shall have the right to terminate the contract before the start of the package without compensation in the event of unavoidable and extraordinary circumstances occurring or likely to occur at the place of destination or its immediate vicinity and significantly affecting the package . unavoidable and extraordinary circumstances shall be deemed to exist where reliable and publicly available reports , such as recommendations issued by member state authorities , advise against travelling to the place of destination .


### the prescription period for introducing claims under this article shall not be shorter than one year . ### the prescription period for introducing claims under this article shall not be shorter than three years .


### member states shall ensure that organisers and retailers facilitating the procurement of assisted travel arrangements established in their territory obtain a security for the effective and prompt refund of all payments made by travellers and , insofar as carriage of passengers is included , for the travellers ' effective and prompt repatriation in the event of insolvency . ### member states shall ensure that organisers of packages and retailers facilitating the procurement of assisted travel arrangements established in their territory obtain a security for the effective and prompt refund of all payments made by travellers and , insofar as carriage of passengers is included , for the travellers ' effective and prompt repatriation in the event of insolvency .


### where the changes to the contract referred to in paragraph 2 result in a package of lower quality or cost , the traveller shall be entitled to an appropriate price reduction . ### where the changes to the contract or the substitute package referred to in paragraph 2 result in a package of lower quality or cost , the traveller shall be entitled to an appropriate price reduction .


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


### member states shall ensure that the traveller may terminate the contract before the start of the package against payment of an appropriate compensation to the organiser . the contract may specify reasonable standardised termination fees based on the time of the termination and the customary cost savings and income from alternative deployment of the travel services . in the absence of standardised termination fees , the amount of the compensation shall correspond to the price of the package minus the expenses saved by the organiser . ### member states shall ensure that the traveller may terminate the contract before the start of the package . payment of an appropriate compensation to the organiser may be requested . in that case the contract shall specify reasonable standardised termination fees based on the time of the termination and the customary cost savings and income from alternative deployment of the travel services . these standardised termination fees shall be reasonable and shall not overcome in any case the costs sustained by the organiser which would not be recoverable following the termination .


### the limitation of costs referred to in paragraph 5 shall not apply to persons with reduced mobility , as defined in regulation no 1107 / 2006 of the european parliament and of the council of 5 july 2006 concerning the rights of disabled persons and persons with reduced mobility when travelling by air28 , and any person accompanying them , pregnant women and unaccompanied children , as well as persons in need of specific medical assistance , provided the organiser has been notified of their particular needs at least 48 hours before the start of the package . the organiser may not invoke unavoidable and extraordinary circumstances to limit the costs referred to in paragraph 5 if the relevant transport provider may not rely on such circumstances under applicable union legislation . __________________ 28 oj l 204 , 26 . 07 . 06 , p . 1 ### the limitation of costs referred to in paragraph 5 shall not apply to persons with reduced mobility , as defined in regulation no 1107 / 2006 of the european parliament and of the council of 5 july 2006 concerning the rights of disabled persons and persons with reduced mobility when travelling by air28 , and any person accompanying them , pregnant women and unaccompanied children , as well as persons in need of specific medical assistance , provided the organiser and / or the retailer has / have been notified of their particular needs at least 48 hours before the start of the package . the organiser and / or the retailer may not invoke unavoidable and extraordinary circumstances to limit the costs referred to in paragraph 5 if the relevant transport provider may not rely on such circumstances under applicable union legislation . __________________ 28 oj l 204 , 26 . 7 . 2006 , p . 1 .


### the limitation of costs referred to in paragraph 5 shall not apply to persons with reduced mobility , as defined in regulation no 1107 / 2006 of the european parliament and of the council of 5 july 2006 concerning the rights of disabled persons and persons with reduced mobility when travelling by air28 , and any person accompanying them , pregnant women and unaccompanied children , as well as persons in need of specific medical assistance , provided the organiser has been notified of their particular needs at least 48 hours before the start of the package . the organiser may not invoke unavoidable and extraordinary circumstances to limit the costs referred to in paragraph 5 if the relevant transport provider may not rely on such circumstances under applicable union legislation . __________________ 28 oj l 204 , 26 . 07 . 06 , p . 1 ### in the evaluation of the costs referred to in paragraph 5 account must be taken of the needs of persons with reduced mobility , as defined in regulation no 1107 / 2006 of the european parliament and of the council of 5 july 2006 concerning the rights of disabled persons and persons with reduced mobility when travelling by air28 , and any person accompanying them , pregnant women and unaccompanied children , as well as persons in need of specific medical assistance , provided the organiser has been notified of their particular needs at least 48 hours before the start of the package . the organiser may not invoke unavoidable and extraordinary circumstances to limit the costs referred to in paragraph 5 if the relevant transport provider may not rely on such circumstances under applicable union legislation . __________________ 28 oj l 204 , 26 . 7 . 2006 , p . 1 .


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


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


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


### since decision no 1 / 95 of the ec turkey association council of 22 december 1995 on implementing the final phase of the custom union eliminated customs duties for goods originating in turkey , regulation no 429 / 73 has become obsolete . ### decision no 1 / 95 of the ec turkey association council of 22 december 1995 on implementing the final phase of the custom union lays down the rules for determining the customs duties for processed agricultural products originating in turkey and imported into the european union . therefore regulation no 429 / 73 has become obsolete .


### since decision no 1 / 95 of the ec turkey association council of 22 december 1995 on implementing the final phase of the custom union eliminated customs duties for goods originating in turkey , regulation no 429 / 73 has become obsolete . ### decision no 1 / 95 of the ec turkey association council of 22 december 1995 on implementing the final phase of the custom unionerror : reference source not found has eliminated customs duties for goods originating in turkey . regulation no 429 / 73 has therefore become obsolete .


### transmission system operators as defined in article 2 of directive 2009 / 72 / ec or article 2 of directive 2009 / 73 / ec when carrying out their tasks under those directives or regulation 714 / 2009 or regulation 715 / 2009 or network codes or guidelines adopted pursuant those regulations . ### transmission and distribution system operators as defined in article 2 and of directive 2009 / 72 / ec or article 2 and of directive 2009 / 73 / ec as well as storage and lng system operators as defined in article 2 and respectively of directive 2009 / 73 / ec and persons acting as their service providers when carrying out the system operators’ tasks under those directives or regulation 714 / 2009 or regulation 715 / 2009 or network codes or guidelines adopted pursuant those regulations , such as the issuance of transmission rights , or other capacity rights , and the provision of a platform for secondary trading , and any other persons when buying and / or selling such transmission rights or other capacity rights ; this exemption applies only with regard to the aforementioned activities .


### this exemption does not apply to persons exempt under article 2 who deal on own account in financial instruments as members or participants of a regulated market or mtf , including as market makers in relation to commodity derivatives , emission allowances , or derivatives thereof ; ### persons who are exempt under point do not also need to meet the conditions laid down in this point in order to be exempt ; this exemption applies to persons who , when dealing on emission allowances , do not provide any investment services or activities other than dealing on own account and not by executing client orders , and which own or directly operate installations within the meaning of directive 2003 / 87 / ce .


### member states shall ensure that regulated markets , operators of mtfs and otfs which admit to trading or trade commodity derivatives apply limits on the number of contracts which any given market members or participants can enter into over a specified period of time , or alternative arrangements with equivalent effect such as position management with automatic review thresholds , to be imposed in order to : ### member states shall ensure that regulated markets and operators of mtfs which admit to trading or trade commodity derivatives apply limits on the number of contracts which any given market members or participants can enter into over a specified period of time in order to :


### the commission shall be empowered to adopt delegated acts in accordance with article 94 to determine the limits or alternative arrangements on the number of contracts which any person can enter into over a specified period of time and the necessary equivalent effects of the alternative arrangements established in accordance with paragraph 1 , as well as the conditions for exemptions . the limits or alternative arrangements shall take account of the conditions referred to in paragraph 1 and the limits that have been set by regulated markets , mtfs and otfs . the limits or alternative arrangements determined in the delegated acts shall also take precedence over any measures imposed by competent authorities pursuant to article 72 paragraph of this directive . ### the commission shall be empowered to adopt delegated acts in accordance with article 94 to determine the limits or alternative arrangements on the exposure to commodity derivatives which any person can enter into over a specified period of time and the necessary equivalent effects of the alternative arrangements established in accordance with paragraph 1 , as well as the conditions for exemptions . the limits or alternative arrangements shall take account of the conditions referred to in paragraph 1 and the limits that have been set by regulated markets , mtfs and otfs . the limits or alternative arrangements determined in the delegated acts shall also take precedence over any measures imposed by competent authorities pursuant to article 72 paragraph of this directive .


### the indicative allocations of funds to the joint operational programmes shall be based primarily on the population of the eligible areas . when determining the indicative allocations , adjustments may be made to reflect the need for a balance between the contributions from the european regional development fund and the contributions provided under the budget of this instrument as well as other factors affecting the intensity of cooperation , such as the specific characteristics of border areas and their capacity to manage and absorb union support . ### the indicative allocations of funds to the joint operational programmes shall be based on relevant criteria for the eligible areas . when determining the indicative allocations , adjustments may be made to reflect the need for a balance between the contributions from the european regional development fund and the contributions provided under the budget of this instrument as well as other factors affecting the intensity of cooperation , such as the specific characteristics of border areas and their capacity to manage and absorb union support .


### the minimum penalty of six months helps to ensure that equal priority is given by law - enforcement and judicial authorities to the offences of counterfeiting of the euro and other currencies and , in turn , facilitates cross - border cooperation . it contributes to mitigating the risk of forum - shopping . moreover , it allows that sentenced perpetrators can be surrendered with the help of a european arrest warrant so that the custodial sentence or detention order can be executed . ### the minimum penalty of six months helps to ensure that equal priority is given by law - enforcement and judicial authorities to the offences of counterfeiting of the euro and other currencies and , in turn , facilitates cross - border cooperation . it contributes to mitigating the risk of forum - shopping .


### for combustion plants firing indigenous solid fuel , which cannot comply with the emission limit values for sulphur dioxide referred to in article 30 and due to the characteristics of this fuel , member states may apply instead the minimum rates of desulphurisation set out in part 5 of annex v , in accordance with the compliance rules set out in part 6 of that annex . ### for combustion plants firing indigenous solid fuel , which cannot comply with the emission limit values for sulphur dioxide referred to in article 30 and due to the characteristics of this fuel , member states may instead apply , until 31 december 2017 at the latest , the minimum rates of desulphurisation set out in part 5 of annex v , in accordance with the compliance rules set out in part 6 of that annex and with prior validation by the competent authority of the technical report referred to in article 72 . the commission shall evaluate by 31 december 2013 whether an extension of the minimum rates of desulphurisation set out in part 5 of annex v may be granted , taking into account in particular the best available techniques and benefits obtained from reduced so2 emissions .


### the competent authority shall provide the reasons for the application of the first subparagraph including the result of the assessment and the justification for the conditions imposed . ### the competent authority shall document in an annex to the permit conditions the reasons for the application of the first subparagraph including the result of the assessment and the justification for the conditions imposed and notify this information to the commission .


### 6 . the competent authority may decide to require one measurement every two years for heavy metals and one measurement per year for dioxins and furans in the following cases : ### 6 . the competent authority may decide to require only one measurement per year for heavy metals and for dioxins and furans in the following cases :


### in the case of continuous measurements , the emission limit values set out in parts 1 and 2 shall be regarded as having been complied with if the evaluation of the measurement results indicates , for operating hours within a calendar year , that all of the following conditions have been met : no validated monthly average value exceeds the relevant emission limit values set out in parts 1 and 2 ; no validated daily average value exceeds 110 % of the relevant emission limit values set out in parts 1 and 2 ; in cases of combustion plants composed only of boilers using coal with a total rated thermal input below 50 mw , no validated daily average value exceeds 150 % of the relevant emission limit values set out in parts 1 and 2 , 95 % of all the validated hourly average values over the year do not exceed 200 % of the relevant emission limit values set out in parts 1 and 2 . ### in the case of continuous measurements , the emission limit values set out in parts 1 and 2 shall be regarded as having been complied with if the evaluation of the measurement results indicates , for operating hours within a calendar year , that all of the following conditions have been met : no validated daily average value exceeds the relevant emission limit values set out in parts 1 and 2 ; 95 % of all the validated hourly average values over the year do not exceed 200 % of the relevant emission limit values set out in parts 1 and 2 .


### within five years of publication of decisions on bat conclusions in accordance with article 13 relating to the main activity of an installation , the competent authority shall ensure that : ### within four years of publication of decisions on bat conclusions in accordance with article 13 relating to the activity of an installation , the competent authority shall ensure that :


### when a decision on granting , reconsideration or updating of a permit has been taken , the competent authority shall make available to the public , including via the internet in relation to points and , the following information : ### when a decision on granting , reconsideration or updating of a permit has been taken , the competent authority shall make available to the public , including via the internet in relation to points to and paragraph 3 , the following information :


### emission limit values shall , however , not exceed the emission limit values set out in annexes v to viii , where applicable . ### emission limit values shall , however , not exceed the minimum requirements , including emission limit values set out in accordance with article 13 or , where applicable , in annexes to this directive . member states shall not apply the derogation if needed for compliance with directive 2001 / 81 / ec on national emission ceilings . in any event , no significant pollution should be caused and a high level of protection of the environment taken as a whole should be achieved . member states shall ensure that the members of the public concerned are given early and effective opportunities to participate in the decision - making process relating to the granting of the derogation referred to in this paragraph .


### emission limit values shall , however , not exceed the emission limit values set out in annexes v to viii , where applicable . ### emission limit values shall , however , not exceed the minimum requirements for emission limit values set out in accordance with article 13 or , where applicable , in annexes to this directive . when considering granting derogations , member states shall ensure that national emission ceilings pursuant to directive 2001 / 81 / ec are not exceeded . in any event , no significant pollution should be caused and a high level of protection of the environment taken as a whole should be achieved . member states shall ensure that the members of the public concerned are given early and effective opportunities to participate in the decision - making process relating to the granting of the derogation referred to in this paragraph .


### within five years of publication of decisions on bat conclusions in accordance with article 13 relating to the main activity of an installation , the competent authority shall ensure that : ### within four years of publication of decisions on bat conclusions in accordance with article 13 , the competent authority shall ensure that :


### upon definitive cessation of the activities , the operator shall assess the state of the soil and groundwater contamination by relevant hazardous substances used , produced or released by the installation . where the installation has caused significant pollution of soil or groundwater by relevant hazardous substances compared to the state established in the baseline report referred to in paragraph 2 , the operator shall take the necessary measures to address that pollution so as to return the site to that state . for that purpose , the technical feasibility of such measures may be taken into account . ### upon definitive cessation of the activities , the operator shall inform the competent authority and assess the state of the soil and groundwater contamination by relevant hazardous substances used , produced or released by the installation . where the installation has caused pollution of soil or groundwater by relevant hazardous substances compared to the state established in the baseline report referred to in paragraph 2 , the operator shall take the necessary measures to address that pollution so as to return the site to that state . member states may require the operator to bring the site in a state leading to further improvements of soil and groundwater quality compared to the state established in the baseline report .


### ' operating hours ' means the time , expressed in hours , during which a combustion plant , in whole or in part , is operating and discharging emissions into the air , excluding start - up and shut - down periods ; ### ' operating hours ' means the time , expressed in hours , during which a combustion plant , in whole or in part , is operating and discharging emissions into the air , including start - up and shut - down periods ;


### to minimise the public health consequences of cross - border health threats which could range from mass contamination caused by chemical incidents to pandemics , like those unleashed recently by e coli , influenza strain h1n1 or sars , the programme should contribute to the creation and maintenance of robust mechanisms and tools to detect , assess and manage major cross - border health threats . . due to the nature of these threats , the programme should support coordinated public health measures at eu level to address different aspects , building on preparedness and response planning , robust and reliable risk assessment and a strong risk and crisis management framework . in this context , it is important that the programme should benefit from complementarity with the work programme of the european centre for disease prevention and control12 in the fight against communicable diseases and the activities supported under the unions programmes for research and innovation . special efforts should be undertaken to ensure coherence and synergies between the programme and global health work carried out under other community programmes and instruments that address in particular the areas of influenza , hiv / aids , tuberculosis and other cross - border health threats in third countries . action under the programme may also cover cross - border threats to health caused by biological and chemical incidents , environment and climate change . as stated in the commission ' s communication ‘ a budget for europe 2020’ , the commission has committed to mainstreaming climate change into overall union spending programmes and to direct at least 20% of the union budget to climate - related objectives . spending in the health for growth programme under objective 4 will contribute in a general manner to this objective by addressing health threats associated to climate change . the commission will provide information on climate change expenditure within the health for growth programme . ### to minimise the public health consequences of cross - border health threats which could range from mass contamination caused by chemical incidents to pandemics , like those unleashed recently by e coli , influenza strain h1n1 or sars or diseases from developing countries which through global population movements are an increasing reality in some european countries , the programme should contribute to the creation and maintenance of robust mechanisms and tools to detect , assess and manage major cross - border health threats . . due to the nature of these threats , the programme should support coordinated public health measures at eu level to address different aspects , building on preparedness and response planning , robust and reliable risk assessment and a strong risk and crisis management framework . in this context , it is important that the programme should benefit from complementarity with the work programme of the european centre for disease prevention and control12 in the fight against communicable diseases and the activities supported under the unions programmes for research and innovation . special efforts should be undertaken to ensure coherence and synergies between the programme and global health work carried out under other community programmes and instruments that address in particular the areas of influenza , hiv / aids , tuberculosis and other cross - border health threats in third countries . action under the programme may also cover cross - border threats to health caused by biological and chemical incidents , environment and climate change . as stated in the commission ' s communication ‘ a budget for europe 2020’ , the commission has committed to mainstreaming climate change into overall union spending programmes and to direct at least 20% of the union budget to climate - related objectives . spending in the health for growth programme under objective 4 will contribute in a general manner to this objective by addressing health threats associated to climate change . the commission will provide information on climate change expenditure within the health for growth programme .


### 1 . preparedness to and response for serious cross border health threats taking into account and coordinating with global initiatives : put in place common components of generic and specific preparedness planning , including for pandemic influenza , and report regularly on implementation of preparedness plans . ### 1 . preparedness to and response for serious cross border health threats taking into account and coordinating with global initiatives : put in place common components of generic and specific preparedness planning , including for pandemic influenza , and report regularly on implementation of preparedness plans ; bring innovation to patients for the prevention , diagnosis and treatment of diseases coming from developing countries which are increasingly becoming a reality in some european countries .


### member states shall ensure that the information referred to in paragraph 1 of this article can be accessed in a timely manner by competent authorities and by obliged entities . ### member states shall ensure that the information referred to in paragraph 1 of this article can be freely accessed in a timely manner by competent authorities and by obliged entities .


### the commission shall submit a report to the european parliament and the council on the implementation of this regulation not later than 5 years after the date of application of this regulation . the report shall in particular assess any significant impact on the quality of groundhandling services , employment and working conditions . the report shall include the following set of indicators and criteria for a sample of airports : ### the commission shall submit a report to the european parliament and the council on the implementation of this regulation not later than 3 years after the date of application of this regulation . the report shall in particular assess the impact on the quality of groundhandling services as well as employment and working conditions . the report shall examine the following indicators and criteria :


### ambiguity exists as to whether member states may require the takeover of staff upon a change of provider for groundhandling services to which access is limited . discontinuity of staff can have a detrimental effect on the quality of groundhandling services . it is therefore appropriate to clarify the rules on the takeover of staff beyond the application of directive 2001 / 23 / ec on transfers of undertakings enabling member states to ensure adequate employment and working conditions . ### it should be clarified and ensured how member states may require without any ambiguity the takeover of staff upon a change of provider for groundhandling services . discontinuity of staff has a detrimental effect on the quality of groundhandling services . it is therefore urgently necessary to clarify and , if necessary , amend the rules on the transfer of staff via the correspondent application of directive 2001 / 23 / ec on transfers of undertakings , in consultation with the social partners , enabling member states to ensure adequate employment , safety and working conditions as well as the protection of employee ' s rights and high labour standards . it is recommended to the member states that the dismissal on economic , technical or organisational grounds should not be permitted in this context .


### where a member state imposes a requirement as referred to in paragraph , tender documents for the selection procedure laid down in articles 7 to 10 shall list the staff concerned and give the relevant details of employees ' contractual rights and the conditions under which employees are deemed to be linked to the services in question . ### tender documents for the selection procedure laid down in articles 7 to 10 shall list the staff concerned and give the relevant details of employees ' contractual rights and the conditions under which employees are deemed to be linked to the services in question .


### where , following the selection procedure laid down in articles 7 to 10 , a supplier of groundhandling services mentioned in paragraph 1 loses its authorisation to provide these services , member states may require supplier of groundhandling services which subsequently provide these services to grant staff previously hired to provide these services the rights to which they would have been entitled if there had been a transfer within the meaning of council directive 2001 / 23 / ec . ### where , following the selection procedure laid down in articles 7 to 10 , a supplier of groundhandling services mentioned in paragraph 1 loses its authorisation to provide these services or where a service provider ceases to provide groundhandling services to an airport user or where a self - handling airport user decides to cease self - handling , member states shall require supplier of groundhandling services or self - handling airport users which subsequently provide these services to grant staff previously hired to provide these services the rights to which they would have been entitled if there had been a transfer within the meaning of council directive 2001 / 23 / ec . article 4 , second sentence , of directive 2001 / 23 / ec shall not apply to the cases referred to in the first sentence of this paragraph . dismissal on economic , technical or organisational grounds shall not be permitted .


### where relevant for the activity of groundhandling services in question , training shall cover at least : ### the specific content of the tests and courses and their proper conduct shall be harmonised on european level and regulated and monitored by the competent authorities in the member states . where relevant for the activity of the groundhandling services in question , training and tests shall cover at least :


### where a member state imposes a requirement as referred to in paragraph , tender documents for the selection procedure laid down in articles 7 to 10 shall list the staff concerned and give the relevant details of employees ' contractual rights and the conditions under which employees are deemed to be linked to the services in question . ### tender documents for the selection procedure laid down in articles 7 to 10 shall list the staff concerned and give the relevant details of employees ' contractual rights and the conditions under which employees are deemed to be linked to the services in question . staff and union representatives shall have access to those lists .


### every employee involved in the provision of groundhandling services shall attend at least two days of training relevant for the tasks assigned to the employee . every employee shall attend the relevant training when taking up a new job or when a new task is assigned to the employee . ### every employee involved in the provision of groundhandling services must regularly attend a theoretical and practical basic training as well as a training relevant for the tasks assigned to the employee . the competent authorities in the member states in cooperation with the airport operators and social partners concerned shall determine details for additional airport specific training , the frequency and the respective minimum duration of this training . the passing of a practical and a theoretical test shall serve to demonstrate that the relevant skills and knowledge have been acquired . the training costs shall be borne in full by the employers . every employee shall attend the relevant training before taking up a new job or starting a newly assigned task .


### without prejudice to the application of this regulation , and subject to the other provisions of union law , member states may take the necessary measures to ensure protection of rights of workers . ### member states shall ensure legally that the staff of undertakings providing third party groundhandling or self - handling services enjoys an adequate level of social security as well as decent working conditions , also in the case of subcontracting and in the context of service contracts . if competent authorities in the member state find that the required standards are not met at the respective airport the accreditation of service providers or self - handling services concerned shall be suspended , withdrawn or withheld , until the appropriate standard has been attained again .


### safeguarding of employees ' rights in the event of transfer of staff for services subject to market access restrictions ### safeguarding of employees ' rights in the event of transfer of staff


### in a labour - intensive sector such as groundhandling , continuous staff development and training have a strong impact on service quality . minimum training requirements should therefore be set to ensure the quality of operations in terms of reliability , resilience , safety and security , and to create a level playing field among operators . ### in a labour - intensive sector such as groundhandling , continuous staff development and training have a strong impact on service quality and the safety of operations . a competent european institution in cooperation with the competent authorities in the member states , airport operators and social partners should set ambitious minimum standards to ensure the highest quality for education and training of employees in the groundhandling sector . these standards should be regularly updated and developed in order to contribute to the quality of operations in terms of reliability , resilience , safety and security , and to create a level playing field among operators . as long as the required standards are not met at the respective airport , the accreditation of service providers concerned shall be suspended , withdrawn or withheld until the appropriate standard has been attained again . concerning the details for additional airport specific training , the minimum duration of this training should be 5 days .


### member states shall ensure that the limitation period is suspended if a competition authority takes action for the purpose of the investigation or proceedings in respect of an infringement to which the action for damages relates . the suspension shall end at the earliest one year after the infringement decision has become final or the proceedings are otherwise terminated . ### member states shall ensure that the limitation period is suspended if a competition authority takes action for the purpose of the investigation or proceedings in respect of an infringement to which the action for damages relates . the suspension shall end at the earliest two years after the decision , through which the procedure concerning the infringement or alleged infringement has been closed , has become final .


### the requirement of proportionality should also be carefully assessed when disclosure risks unravelling the investigation strategy of a competition authority by revealing which documents are part of the file or causing a negative bearing on the way in which companies cooperate with the competition authority . the disclosure request should therefore not be deemed proportionate when it refers to the generic disclosure of documents in the file of a competition authority relating to a certain case , or of documents submitted by a party in the context of a certain case . such wide disclosure requests would also not be compatible with the requesting party ' s duty to specify categories of evidence as precisely and narrowly as possible . ### the requirement of proportionality should also be carefully assessed when disclosure risks unravelling the investigation strategy of a competition authority by revealing which documents are part of the file or causing a negative bearing on the way in which companies cooperate with the competition authority . the disclosure request should therefore not be deemed proportionate when it refers to the generic disclosure of documents in the file of a competition authority relating to a certain case as this would not be compatible with the requesting party ' s duty to specify categories of evidence as precisely and narrowly as possible . special attention should be paid to prevent any types of requests which are aimed at fishing expeditions .


### evidence shall include all types of evidence admissible before the national court seised , in particular documents and all other objects containing information , irrespective of the medium on which the information is stored . ### evidence shall include all types of evidence admissible before the national court seized , in particular documents , including , when necessary , documents related to leniency procedures and consensual settlements and all other objects containing information , irrespective of the medium on which the information is stored .


### member states shall ensure that , to the extent that their courts have powers to order disclosure without hearing the person from whom disclosure is sought , no penalty for non - compliance with such an order may be imposed until the addressee of such an order has been heard by the court . ### member states shall ensure that , to the extent that their courts have powers to order disclosure without hearing the person from whom disclosure is sought , no penalty for non - compliance with such an order may be imposed until the addressee of such an order has been provided with the possibility to be heard by the court .


### the buyer loses the right to terminate under this section if notice of termination is not given within a reasonable time from when the right arose or the buyer became , or could be expected to have become , aware of the non - performance , whichever is later . 2 . paragraph 1 does not apply : where the buyer is a consumer ; or where no performance at all has been rendered ### alternative 2 [ alternative amendment to amendments for article 106 and article 174 to ] the buyer loses the right to terminate under this section if notice of termination is not given within a reasonable time from when the right arose or the buyer became , or , if the buyer is a trader that buyer could be expected to have become , aware of the non - performance , whichever is later . 2 . paragraph 1 does not apply where no performance at all has been rendered .


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


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


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


### all the matters of a contractual or non - contractual nature that are not addressed in the common european sales law are governed by the pre - existing rules of the national law outside the common european sales law that is applicable under regulations no 593 / 2008 and no 864 / 2007 or any other relevant conflict of law rule . these issues include legal personality , the invalidity of a contract arising from lack of capacity , illegality or immorality , the determination of the language of the contract , matters of non - discrimination , representation , plurality of debtors and creditors , change of parties including assignment , set - off and merger , property law including the transfer of ownership , intellectual property law and the law of torts . furthermore , the issue of whether concurrent contractual and non - contractual liability claims can be pursued together falls outside the scope of the common european sales law . ### all the matters of a contractual or non - contractual nature that are not addressed in the common european sales law are governed by the pre - existing rules of the national law outside the common european sales law that is applicable under regulations no 593 / 2008 and no 864 / 2007 or any other relevant conflict of law rule . these issues include legal personality , the invalidity of a contract arising from lack of capacity , illegality or immorality unless the reasons for illegality or immorality are addressed in the common european sales law , the determination of the language of the contract , matters of non - discrimination , representation , plurality of debtors and creditors , change of parties including assignment , set - off and merger , property law including the transfer of ownership , intellectual property law the law of torts and the issue of whether concurrent contractual and non - contractual liability claims can be pursued together . in the interest of clarity and legal certainty , the common european sales law should clearly refer to the issues which are and those which are not addressed therein .


### all the matters of a contractual or non - contractual nature that are not addressed in the common european sales law are governed by the pre - existing rules of the national law outside the common european sales law that is applicable under regulations no 593 / 2008 and no 864 / 2007 or any other relevant conflict of law rule . these issues include legal personality , the invalidity of a contract arising from lack of capacity , illegality or immorality , the determination of the language of the contract , matters of non - discrimination , representation , plurality of debtors and creditors , change of parties including assignment , set - off and merger , property law including the transfer of ownership , intellectual property law and the law of torts . furthermore , the issue of whether concurrent contractual and non - contractual liability claims can be pursued together falls outside the scope of the common european sales law . ### all the matters of a contractual or non - contractual nature that are not addressed in this directive are governed by the pre - existing rules of national law .


### the common european sales law should be available for cross - border contracts , because it is in that context that the disparities between national laws lead to complexity and additional costs and dissuade parties from entering into contractual relationships . the cross - border nature of a contract should be assessed on the basis of the habitual residence of the parties in business - to - business contracts . in a business - to - consumer contract the cross - border requirement should be met where either the general address indicated by the consumer , the delivery address for the goods or the billing address indicated by the consumer are located in a member state , but outside the state where the trader has its habitual residence . ### the common european sales law should be available for cross - border contracts , because it is in that context that the disparities between national laws lead to complexity and additional costs and dissuade parties from entering into contractual relationships and that distance trade , in particular trade online has a high potential . the cross - border nature of a contract should be assessed on the basis of the habitual residence of the parties in business - to - business contracts . in a business - to - consumer contract the cross - border requirement should be met where either the general address indicated by the consumer , the delivery address for the goods or the billing address indicated by the consumer are located in a member state , but outside the state where the trader has its habitual residence .


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


### the agreement to use the common european sales law should be a choice exercised within the scope of the respective national law which is applicable pursuant to regulation no 593 / 2008 or , in relation to pre - contractual information duties , pursuant to regulation no 864 / 2007 of the european parliament and of the council of 11 july 2007 on the law applicable to non - contractual obligations no 864 / 2007 ) 20 , or any other relevant conflict of law rule . the agreement to use the common european sales law should therefore not amount to , and not be confused with , a choice of the applicable law within the meaning of the conflict - of - law rules and should be without prejudice to them . this regulation will therefore not affect any of the existing conflict of law rules . ### the agreement to use the common european sales law should be a choice exercised within the scope of regulation no 593 / 2008 or , in relation to pre - contractual information duties , pursuant to regulation no 864 / 2007 of the european parliament and of the council of 11 july 2007 on the law applicable to non - contractual obligations no 864 / 2007 ) , or any other relevant conflict of law rule . thus the agreement to use the common european sales law is a choice of the applicable law within the meaning of the conflict - of - law rules and should be without prejudice to them . in relation to article 6 regulation no 593 / 2008 , the protection afforded to the consumer by provisions of the law of the country where the consumer has his habitual residence cannot be derogated from by the agreement to use cesl .


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


### this regulation establishes a common european sales law . it harmonises the contract laws of the member states not by requiring amendments to the pre - existing national contract law , but by creating within each member state ' s national law a second contract law regime for contracts within its scope . this second regime should be identical throughout the union and exist alongside the pre - existing rules of national contract law . the common european sales law should apply on a voluntary basis , upon an express agreement of the parties , to a cross - border contract . ### this regulation establishes a common european sales law for distance contracts and in particular for online contracts . it approximates the contract laws of the member states not by requiring amendments to the first national contract law regime , but by creating a second contract law regime for contracts within its scope . this directly applicable second regime should be an integral part of the legal order applicable in the territory of the member states . in so far as its scope allows and where parties have validly agreed to use it , the common european sales law should apply instead of the first national contract law regime within that legal order . it should be identical throughout the union and exist alongside the pre - existing rules of national contract law . the common european sales law should apply on a voluntary basis , upon an express agreement of the parties , to a cross - border contract .


### if the seller’s non - performance is excused , the buyer may resort to any of the remedies referred to in paragraph 1 except requiring performance and damages . ### the right to resort to these remedies passes to a subsequent purchaser of the goods or digital content where that purchaser is a consumer .


### the purpose of this regulation is to improve the conditions for the establishment and the functioning of the internal market by making available a uniform set of contract law rules as set out in annex i . these rules can be used for cross - border transactions for the sale of goods , for the supply of digital content and for related services where the parties to a contract agree to do so . ### the purpose of this directive is to improve the conditions for the establishment and the functioning of the internal market by ensuring a high level of consumer protection which takes account of new technologies , too , by harmonising certain aspects of the laws , regulations and administrative provisions of the member states with regard to certain aspects of the obligation relating to the guarantee of conformity , related services and digital content in connection with contracts concluded between consumers and traders .


### with a view to maximising the added value of the common european sales law its material scope should also include certain services provided by the seller that are directly and closely related to specific goods or digital content supplied on the basis of the common european sales law , and in practice often combined in the same or a linked contract at the same time , most notably repair , maintenance or installation of the goods or the digital content . ### with a view to maximising the added value of the common european sales law its material scope should also include certain services provided by the seller that are directly and closely related to specific goods or digital content supplied on the basis of the common european sales law , and in practice often combined in the same or a linked contract at the same time , most notably repair , maintenance or installation of the goods or the digital content or temporary storage of digital content in the provider ' s cloud .


### notwithstanding cure , the buyer retains the right to claim damages for delay as well as for any harm caused or not prevented by the cure . ### notwithstanding cure , the buyer retains the right to claim damages under chapter 16 for delay as well as for any harm caused or not prevented by the cure .


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


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


### the agreement to use the common european sales law should be a choice exercised within the scope of the respective national law which is applicable pursuant to regulation no 593 / 2008 or , in relation to pre - contractual information duties , pursuant to regulation no 864 / 2007 of the european parliament and of the council of 11 july 2007 on the law applicable to non - contractual obligations no 864 / 2007 ) , or any other relevant conflict of law rule . the agreement to use the common european sales law should therefore not amount to , and not be confused with , a choice of the applicable law within the meaning of the conflict - of - law rules and should be without prejudice to them . this regulation will therefore not affect any of the existing conflict of law rules . ### the agreement to use the common european sales law should be a choice exercised within the respective national legal order which is determined as the applicable law pursuant to regulation no 593 / 2008 or , in relation to pre - contractual information duties , pursuant to regulation no 864 / 2007 of the european parliament and of the council of 11 july 2007 on the law applicable to non - contractual obligations no 864 / 2007 ) , or any other relevant conflict of law rule . the agreement to use the common european sales law results from a choice between two different regimes within the same national legal order . this choice therefore does not amount to , and should not be confused with , a choice between two national legal orders within the meaning of the conflict - of - law rules and should be without prejudice to them . this regulation will therefore not affect any of the existing conflict of law rules such as those contained in regulation no 593 / 2008 .


### where the parties have validly agreed to use the common european sales law for a contract , only the common european sales law shall govern the matters addressed in its rules . provided that the contract was actually concluded , the common european sales law shall also govern the compliance with and remedies for failure to comply with the pre - contractual information duties . ### where the parties have validly agreed to use the common european sales law for a contract , only the common european sales law shall govern the matters addressed in its rules , instead of the contract law regime that would , in the absence of such an agreement , govern the contract within the legal order determined as the applicable law .