### the commission shall monitor the use of the networks and the evolution of framework conditions in the rail sector , in particular infrastructure charging , capacity allocation , developments as regards prices and the quality of rail transport services , rail transport services covered by public service contracts , licensing and the degree of harmonisation between member states . ### the commission shall monitor the use of the networks and the evolution of framework conditions in the rail sector , in particular infrastructure charging , capacity allocation , investments in railway infrastructure , developments as regards prices and the quality of rail transport services , rail transport services covered by public service contracts , licensing , the degree of market opening , employment and social conditions and the degree of harmonisation , particularly in the field of social rights , between and within member states .


### for the purposes of market monitoring by the commission , member states shall supply to the commission on an annual basis the necessary information on the use of the networks and the evolution of framework conditions in the rail sector . ### for the purposes of the commission ' s market monitoring , member states shall supply on an annual basis the information indicated in annex iv , as well as all other necessary data requested by the commission .


### a railway undertaking shall be entitled to apply for a licence in the member state in which it is established . ### a railway undertaking shall be entitled to apply for a licence in the member state in which it is established , provided that member states or nationals of member states own in total more than 50% of this railway undertaking and effectively control it , whether directly or indirectly through one or more intermediate undertakings , except where an agreement with a third country to which the european union is a party provides otherwise .


### the commission may adopt measures setting out the details for the use of a common template for the licence and , if needed to ensure fair and efficient competition in rail transport markets , details on the procedure to be followed for the application of this article . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 62 . ### the commission shall adopt measures setting out the details for the use of a common template for the licence and , if needed to ensure fair and efficient competition in rail transport markets , details on the procedure to be followed for the application of this article . those implementing acts shall be adopted in accordance with the advisory procedure referred to in article 62 .


### without prejudice to the union rules on state aids and in accordance with articles 93 , 107 and 108 of the treaty , a railway undertaking shall be adequately insured or have guarantees under market conditions for cover , in accordance with national and international law , of its liabilities in the event of accidents , in particular in respect of passengers , luggage , freight , mail and third parties . ### without prejudice to the union rules on state aids and in accordance with articles 93 , 107 and 108 of the treaty , a railway undertaking shall be adequately insured or have adequate guarantees under market conditions for cover , in accordance with national and international law , of its liabilities in the event of accidents , in particular in respect of passengers , luggage , freight , mail and third parties . notwithstanding this obligation , the specificities and the risk - profile of different types of services , in particular of railway operations for cultural or heritage purposes , may be taken into account .


### without prejudice to their competence regarding railway infrastructure planning and financing , and to the budgetary principle of annuality , where applicable , member states shall ensure that a contractual agreement , fulfilling the basic principles and parameters set out in annex v , is concluded between the competent authority and the infrastructure manager covering a period of not less than three years . ### member states shall ensure that paragraph 1 is implemented through a contractual agreement between the competent authority and the infrastructure manager covering a period of not less than seven years which provides for state funding .


### member states shall ensure that contractual agreements in force on… . * are modified to align them with this directive upon their renewal , or at the latest by… . ** . ________________ * oj : please insert date - three years after the entry into force of this directive . ### member states shall ensure that contractual agreements in force on… . * are modified , if necessary , to align them with this directive upon their renewal , or at the latest by… . ** . ________________ * oj : please insert date - two years after the entry into force of this directive .


### member states shall implement the incentives referred to in paragraph 1 through the contractual agreement referred to in paragraph 2 or through regulatory measures or through a combination of incentives to reduce costs in the contractual agreement and the level of charges through regulatory measures . ### member states shall implement the incentives referred to in paragraph 1 through the contractual agreement referred to in paragraph 2 .


### infrastructure managers shall establish a method for apportioning costs . member states may require prior approval . that method shall be updated from time to time on the basis of the best international practice . ### infrastructure managers shall establish a method for apportioning costs to the different categories of services offered to railway undertakings .


### member states shall require the infrastructure manager and the service facility operator to provide the regulatory body with all necessary information on the charges imposed in order to allow the regulatory body to perform its functions as referred to in article 56 . the infrastructure manager and the service facility operator shall , in this regard , be able to demonstrate that infrastructure and service charges actually invoiced to the railway undertaking pursuant to articles 30 to 37 comply with the methodology , rules , and , where applicable , scales laid down in the network statement . ### member states shall require the infrastructure manager and the service facility operator to provide the regulatory body with all necessary information on the charges imposed in order to allow the regulatory body to perform its tasks as referred to in article 56 . the infrastructure manager and the service facility operator must , in this regard , be able to demonstrate to railway undertakings that infrastructure and service charges actually invoiced to the railway undertaking pursuant to articles 30 to 37 comply with the methodology , rules , and , where applicable , scales laid down in the network statement .


### the infrastructure manager may decide to gradually adapt to this methodology referred to in paragraph 4 during a period of no more than five years after… * . * oj : please insert the date - 36 months after the entry into force of this directive ### the infrastructure manager may decide to gradually adapt to this methodology referred to in paragraph 4 during a period of no more than two years after the deadline for transposition set out in article 64 .


### in order to obtain full recovery of the costs incurred by the infrastructure manager a member state may , if the market can bear this , levy mark - ups on the basis of efficient , transparent and non - discriminatory principles , while guaranteeing optimal competitiveness in particular of international rail services . the charging system shall respect the productivity increases achieved by railway undertakings . ### in order to obtain full recovery of the costs incurred by the infrastructure manager a member state may authorise the infrastructure manager , if the market can bear this , to levy mark - ups on the basis of efficient , transparent and non - discriminatory principles , while guaranteeing optimal competitiveness of rail market segments . the charging system shall respect the productivity increases achieved by railway undertakings .


### the list of market segments shall be published in the network statement and shall be reviewed at least every five years . ### the list of market segments shall be published in the network statement and shall be reviewed at least every five years . the regulatory body referred to in article 55 shall control such list in accordance with article 56 .


### following an impact assessment , the commission may adopt measures setting out the detailed arrangements to be followed for the application of the differentiation of the infrastructure charge including its duration of application . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 62 . ### annex viii , point 5 may be amended in the light of experience in accordance with the procedure referred to in article 60a in order to further promote ertms .


### infrastructure managers may levy an appropriate charge for capacity that is allocated but not used . that charge shall provide incentives for efficient use of capacity . payments for this charge shall be made by either the applicant or the railway undertaking appointed in accordance with article 41 . ### infrastructure managers may levy an appropriate charge for capacity that is allocated but not used . this non - usage charge shall provide incentives for efficient use of capacity . the levy of such a charge on applicants that were allocated a train path shall be mandatory in case of their regular failure to use allocated paths or part of them . for the imposition of this charge , the infrastructure managers shall publish in their network statement the criteria to determine such failure to use . the regulatory body referred to in article 55 shall control such criteria in accordance with article 56 . payments for this charge shall be made either by the applicant or by the railway undertaking appointed in accordance with article 41 .


### member states shall ensure that representatives of infrastructure managers whose allocation decisions have an impact on other infrastructure managers associate in order to coordinate the allocation of or to allocate all relevant infrastructure capacity at an international level , without prejudice to the specific rules contained in union law on rail freight oriented networks . appropriate representatives of infrastructure managers from third countries may be associated with these procedures . ### member states shall ensure that representatives of infrastructure managers whose allocation decisions have an impact on other infrastructure managers associate in order to coordinate the allocation of or to allocate all relevant infrastructure capacity at an international level , without prejudice to the specific rules contained in union legislation on rail freight oriented networks . the principles and criteria for capacity allocation established under this cooperation shall be published by infrastructure managers in their network statement in accordance with annex vi , paragraph 3 . appropriate representatives of infrastructure managers from third countries may be associated with these procedures


### in order to guarantee the development of adequate transport services within this framework , in particular to comply with public - service requirements or promote the development of rail freight , member states may take any measures necessary , under non - discriminatory conditions , to ensure that such services are given priority when infrastructure capacity is allocated . ### in order to guarantee the development of adequate transport services within this framework , in particular to comply with public - service requirements or promote the development of national and international rail freight , member states may take any measures necessary , under non - discriminatory conditions , to ensure that such services are given priority when infrastructure capacity is allocated .


### member states shall ensure that the regulatory body is staffed and managed in a way that guarantees its independence . they shall in particular ensure that the persons in charge of decisions to be taken by the regulatory body in accordance with article 56 , such as members of its executive board , where relevant , act independently from any market interest related to the railway sector , and shall therefore not have any interest or business relationship with any of the regulated undertakings or entities , and do not seek or take instructions from any government or other public or private entity when carrying out the functions of the regulatory body . ### the president and governing board of the regulatory body for the railway sector shall be appointed by the national or other competent parliament for a fixed and renewable term under clear rules which guarantee independence . they shall be selected from among persons who have knowledge of and experience in the regulation of the railway sector , or knowledge of and experience in the regulation of other sectors , and preferably among persons who have had no professional position or responsibility , interest or business relationship , directly or indirectly , with the regulated undertakings or entities for a period of at least two years or any longer period defined in accordance with the national law before their appointment , and during their term of office . they shall explicitly state this by an appropriate declaration of interests . afterwards , they shall have no professional position or responsibility , interest or business relationship with any of the regulated undertakings or entities for a period of not less than two years or any longer period defined in accordance with the national law . they shall have full authority over the recruitment and management of the staff of the regulatory body . they must act entirely independently and may under no circumstances be influenced by instructions from a government or a private or public undertaking .


### the persons in charge of decisions to be taken by the regulatory body in accordance with article 56 shall have full authority over the recruitment and management of the staff of the regulatory body . ### they shall have full authority over the recruitment and management of the staff of the regulatory body .


### the regulatory body shall have the power to request relevant information from the infrastructure manager , applicants and any third party involved within the member state concerned . information requested shall be supplied without undue delay . the regulatory body shall be enabled to enforce such requests with the appropriate sanctions , including fines . information to be supplied to the regulatory body includes all data which the regulatory body requires in the framework of its appeal function and in its function of monitoring the competition in the rail services markets in accordance with paragraph 2 . this includes data which are necessary for statistical and market observation purposes . ### in the exercise of all of its tasks , the regulatory body shall have the power to request relevant information from the infrastructure manager , applicants and any third party involved within the member state concerned . information requested shall be supplied without undue delay and in any case within a period set by the regulatory body that shall not exceed one month . the regulatory body shall be enabled to enforce such requests with the appropriate sanctions , including fines . information to be supplied to the regulatory body includes all data which the regulatory body requires in the framework of its appeal function and in its function of monitoring the competition in the rail services markets in accordance with paragraph 2 . this includes data which are necessary for statistical and market observation purposes .


### the regulatory bodies shall exchange information about their work and decision - making principles and practice and otherwise cooperate for the purpose of coordinating their decision - making across the union . for this purpose they shall participate and work together in a working group that convenes at regular intervals . to ensure active cooperation between the appropriate regulatory bodies , the commission shall support them in this task . ### the regulatory bodies shall exchange information about their work and decision - making principles and practice and otherwise cooperate for the purpose of coordinating their decision - making across the union . for this purpose they shall participate and work together in a network that convenes at regular intervals . the commission shall be a member , coordinate and support the work of the network and make recommendations to the network , as appropriate . it shall ensure active cooperation of the appropriate regulatory bodies .


### the regulatory bodies shall exchange information about their work and decision - making principles and practice and otherwise cooperate for the purpose of coordinating their decision - making across the union . for this purpose they shall participate and work together in a working group that convenes at regular intervals . to ensure active cooperation between the appropriate regulatory bodies , the commission shall support them in this task . ### the national regulatory bodies shall exchange information about their work and decision - making principles and practice and otherwise cooperate for the purpose of coordinating their decision - making across the union . for this purpose they shall work together in a formally established network that convenes at regular intervals at the invitation of and chaired by the commission . to this aim the commission shall ensure active cooperation between the regulatory bodies and shall take action in case regulatory bodies fail to fulfil their mandate .


### in the case of a complaint or an own - initiative investigation on issues of access or charging relating to an international train path , as well as in the framework of monitoring competition on the market related to international rail transport services , the regulatory body concerned shall consult the regulatory bodies of all other member states through which the international train path concerned runs and request all necessary information from them before taking its decision . ### in the case of a complaint or an own - initiative investigation on issues of access or charging relating to an international train path , as well as in the framework of monitoring competition on the market related to international rail transport services , the regulatory body concerned shall notify the commission and consult the regulatory bodies of all other member states through which the international train path concerned runs and request all necessary information from them before taking its decision . the network of regulatory bodies shall also deliver an opinion .


### regulatory bodies shall develop common principles and practices for making decisions for which they are empowered under this directive . based on the experience of regulatory bodies and on the activities of the working group referred to in paragraph 1 , and if needed to ensure efficient cooperation of regulatory bodies , the commission may adopt measures setting out such common principles and practices . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 62 . ### the network of regulatory bodies established pursuant to paragraph 1 shall develop common principles and practices for making decisions for which they are empowered under this directive . the commission may adopt and supplement such common principles and practices in accordance with the procedure referred to in article 62 .


### the delegation of powers referred to in articles 20 , 35 , 43 and 56 may be revoked at any time by the european parliament or by the council . a decision to revoke shall put an end to the delegation of the power specified in that decision . it shall take effect the day following the publication of the decision in the official journal of the european union or at a later date specified therein . it shall not affect the validity of any delegated acts already in force . ### the delegation of powers referred to in articles . . . may be revoked at any time by the european parliament or by the council . a decision to revoke shall put an end to the delegation of the power specified in that decision . it shall take effect the day following the publication of the decision in the official journal of the european union or at a later date specified therein . it shall not affect the validity of any delegated acts already in force .


### a delegated act adopted pursuant to articles 20 , 35 , 43 and 56 shall enter into force only if no objection has been expressed either by the european parliament or the council within a period of two months of notification of that act to the european parliament and the council or if , before the expiry of that period , the european parliament and the council have both informed the commission that they will not object . that period shall be extended by two months at the initiative of the european parliament or of the council . ### a delegated act adopted pursuant to articles . . . shall enter into force only if no objection has been expressed either by the european parliament or the council within a period of two months of notification of that act to the european parliament and the council or if , before the expiry of that period , the european parliament and the council have both informed the commission that they will not object . that period shall be extended by two months at the initiative of the european parliament or of the council .


### at the request of a member state or on its own initiative the commission shall examine specific measures adopted by national authorities in relation to the application of this directive , concerning the conditions of access to railway infrastructure and services , the licensing of railway undertakings , infrastructure charging and capacity allocation within 12 months after adoption of those measures . the commission shall decide in accordance with the procedure referred to in article 62 whether the related measure may continue to be applied within four months of receipt of such a request . ### at the request of a national regulatory body and other competent national authorities or on its own initiative the commission shall , in a specific case , examine the application and enforcement of the provisions of this directive . the national regulatory bodies shall maintain a database accessible to the european commission of their draft decisions . within two months of receipt of such a request the european commission shall decide in accordance with the procedure referred to in article 62 whether the related measure may continue to be applied . the commission shall communicate its decision to the european parliament , the council and to the member states .


### where reference is made to this paragraph , article 5 of regulation no 182 / 2011 shall apply . when the committee delivers no opinion , the commission shall not adopt the draft implementing act . ### where reference is made to this paragraph , article 5 of regulation no 182 / 2011 shall apply .


### by 31 december 2012 at the latest , the commission shall submit to the european parliament , the council , the european economic and social committee and the committee of the regions a report on the implementation of chapter ii . this report shall also assess the development of the market , including the state of preparation of a further opening - up of the rail market . in its report the commission shall also analyse the different models for organising this market and the impact of this directive on public service contracts and their financing . in so doing , the commission shall take into account the implementation of regulation no 1370 / 2007 and the intrinsic differences between member states . in its report the commission shall , if appropriate , propose complementary legislative measures to facilitate any such opening , and shall assess the impact of any such measures . ### the commission shall submit to the european parliament , the council , the european economic and social committee and the committee of the regions a report on the implementation of chapter ii . this report shall also assess the development of the market , including the state of preparation of a further opening - up of the rail market . in its report the commission shall also analyse the different models for organising this market and the impact of this directive on public service contracts and their financing . in so doing , the commission shall take into account the implementation of regulation no 1370 / 2007 and the intrinsic differences between member states . the commission shall , if appropriate , no later than 31 december 2012 present a legislative proposal containing provisions relating to the opening of the domestic rail passenger market , which does not detract from the quality of rail transport services and safeguards public service obligations , as well as a legislative proposal containing provisions relating to the separation of infrastructure management and transport operations , and shall assess the impact of any such measures .


### member states shall bring into force the laws , regulations and administrative provisions necessary to comply with this directive including as regards compliance by undertakings , operators , applicants , authorities and other entities concerned by &#8230 ; . * they shall forthwith communicate to the commission the text of those provisions . _________________ * oj : please insert date - 36 months after the entry into force of this directive . ### member states shall bring into force the laws , regulations and administrative provisions necessary to comply with articles [ xxx ] and annexes [ xxx ] by * at the latest . they shall forthwith communicate to the commission the text of those provisions and a table showing the correlation between those provisions and this directive . _____________________ * 12 months from the entry into force of this directive


### - access way for passengers and goods , including access by road ; ### - access way for passengers and goods , including access for foot passengers and by road ;


### passenger stations , their buildings and other facilities , including travel information display and location for ticketing services ; ### passenger stations , their buildings and other facilities , including travel information display and suitable location for ticketing services , allocated in a non - discriminatory way ;


### traction current , charges for which shall be shown on the invoices separately from charges for using the electrical supply equipment ; ### traction current , the supplier of which a railway undertaking shall be free to choose ; where the supplier of traction current is identical with the operator of the facility charges for traction current shall be shown on the invoices separately from charges for using the electrical supply equipment ;


### the scope of the agreement as regards infrastructure and service facilities , structured according to annex ii . it shall cover all aspects of infrastructure management , including maintenance and renewal of the infrastructure already in operation ; ### the scope of the agreement as regards infrastructure and service facilities , structured according to annex ii . it shall cover all aspects of infrastructure management , including maintenance and renewal of the infrastructure already in operation ; construction of new infrastructure may be included as a separate item ;


### the structure of payments or funds allocated to the infrastructure services listed in annex ii , to maintenance and to dealing with existing maintenance backlogs ; ### the structure of agreed payments , including indicative forecasts of the expected level of , apportioned to the infrastructure services listed in annex iii , to maintenance including renewal and upgrading , and to dealing with existing maintenance backlogs ; payments to new infrastructure may be included as a separate item ;


### the incentives referred to in article 30 , with the exception of those incentives implemented through regulatory measures in accordance with article 30 ### the incentives in accordance with article 30 ;


### rules for dealing with major disruptions of operations and emergency situations , including contingency plans and early termination of the contractual agreement , and information of users ; ### rules for dealing with major disruptions of operations and emergency situations , including contingency plans and early termination of the contractual agreement , and timely information of users ;


### commission delegated regulation no 305 / 2013 of 26 november 2012 supplementing directive 2010 / 40 / eu of the european parliament and of the council with regard to the harmonised provision for an interoperable eu - wide ecall21 establishes the specifications for upgrading the public safety answering point infrastructure required for the proper receipt and handling of ecalls , in order to ensure the compatibility , interoperability and continuity of the harmonised eu - wide ecall service . _____________________________ 21 oj l 91 , 3 . 4 . 2013 , p . 1 . ### commission delegated regulation no 305 / 2013 of 26 november 2012 supplementing directive 2010 / 40 / eu of the european parliament and of the council with regard to the harmonised provision for an interoperable eu - wide ecall21 establishes the specifications for upgrading the public safety answering point infrastructure required for the proper receipt and handling of ecalls using the 112 number , in order to ensure the compatibility , interoperability and continuity of the harmonised eu - wide ecall service . ______________________________ 21 oj l 91 , 3 . 4 . 2013 , p . 1 .


### as experienced with other emergency calls systems , manually triggered ecalls may include a share of assistance calls . if necessary , member states may implement all appropriate technical and organisational means in order to filter these assistance calls to ensure that only real emergency calls are handled by ecall psaps . ### as experienced with other emergency calls systems , manually triggered ecalls may include a share of assistance calls . if necessary , member states may implement appropriate technical and organisational means in order to filter these assistance calls to ensure that only real emergency calls are handled by ecall psaps .


### as experienced with other emergency calls systems , manually triggered ecalls may include a share of assistance calls . if necessary , member states may implement all appropriate technical and organisational means in order to filter these assistance calls to ensure that only real emergency calls are handled by ecall psaps . ### as experienced with other emergency calls systems , manually triggered ecalls may include a share of assistance calls . member states must implement all appropriate technical and organisational means in order to filter these assistance calls to ensure that only real emergency calls are handled by ecall psaps .


### the coordinator shall establish a college of the relevant competent authorities to facilitate the required cooperation under this section and the exercise of the tasks listed in paragraphs 1 , 2 and 3 and article 12 and , subject to the confidentiality requirements and compatibility with union legislation , ensure appropriate coordination and cooperation with relevant third - country competent authorities where appropriate . ### the coordinator shall facilitate the required cooperation under this section through the relevant sectoral college of supervisors and the exercise of the tasks listed in paragraphs 1 , 2 and 3 and article 12 and , subject to the confidentiality requirements and compatibility with union legislation , ensure appropriate coordination and cooperation with relevant third - country competent authorities where appropriate .


### data on the development of prices for union - wide voice , sms and data roaming services since the entry into force of regulation no 717 / 2007 and its amending regulation no 544 / 2009 , including in particular those collected by national regulatory authorities and reported on a quarterly basis through the medium of the berec , do not provide evidence to suggest that competition at the retail or wholesale levels has reasonably developed and is likely to be sustainable from june 2012 onwards in the absence of regulatory measures . such data indicates that retail and wholesale prices continue to cluster at or close to the limits set by regulation no 717 / 2007 as amended by regulation no 544 / 2009 , with only limited competition below those limits . ### data on the development of prices for union - wide voice , sms and data roaming services since the entry into force of regulation no 717 / 2007 and its amending regulation no 544 / 2009 , including in particular those collected by national regulatory authorities and reported on a quarterly basis through the medium of the berec , do not provide evidence to suggest that competition at the retail or wholesale levels has reasonably developed and is likely to be sustainable from june 2012 onwards in the absence of regulatory measures . such data indicates that retail and wholesale prices are still much higher than domestic prices and continue to cluster at or close to the limits set by regulation no 717 / 2007 as amended by regulation no 544 / 2009 , with only limited competition below those limits .


### during the transitional period of safeguard caps , new roaming customers should be fully informed of the range of tariffs that exist for roaming within the union , including the tariffs which are compliant with the transitory eurotariff . existing roaming customers should be given the opportunity to choose a new tariff compliant with the transitory eurotariff or any other roaming tariff within a certain time frame . for existing roaming customers who have not made their choice within this time frame , it is appropriate to distinguish between those who had already opted for a specific roaming tariff or package before the entry into force of this regulation and those who had not . the latter should be automatically accorded a tariff that complies with this regulation . roaming customers who already benefit from specific roaming tariffs or packages which suit their individual requirements and which they have chosen on that basis should remain on their previously selected tariff or package if , after having been reminded of their current tariff conditions , they fail to express a choice within the relevant time period . such specific roaming tariffs or packages could include , for example , roaming flat - rates , non - public tariffs , tariffs with additional fixed roaming charges , tariffs with per - minute charges lower than the maximum eurotariff or tariffs with set - up charges . ### during the transitional period of safeguard caps , new roaming customers should be fully informed in a clear and understandable manner of the range of tariffs that exist for roaming within the union , including the tariffs which are compliant with the transitory eurotariff . existing roaming customers should be given the opportunity to choose a new tariff compliant with the transitory eurotariff or any other roaming tariff within a certain time frame . for existing roaming customers who have not made their choice within this time frame , it is appropriate to distinguish between those who had already opted for a specific roaming tariff or package before the entry into force of this regulation and those who had not . the latter should be automatically accorded a tariff that complies with this regulation . roaming customers who already benefit from specific roaming tariffs or packages which suit their individual requirements and which they have chosen on that basis should remain on their previously selected tariff or package if , after having been reminded of their current tariff conditions , they fail to express a choice within the relevant time period . such specific roaming tariffs or packages could include , for example , roaming flat - rates , non - public tariffs , tariffs with additional fixed roaming charges , tariffs with per - minute charges lower than the maximum eurotariff or tariffs with set - up charges .


### data collected by national regulatory authorities indicate that high prices for average wholesale charges for data roaming services levied by visited network operators from roaming customers ' home providers persist , even if these wholesale prices appear to be on a downward trend . ### data collected by national regulatory authorities indicate that high prices for average wholesale charges for data roaming services levied by visited network operators from roaming customers ' home providers persist . even if these wholesale prices appear to be on a downward trend , they are still much too high and out of proportion with the real production costs .


### transparency also requires that providers furnish information on roaming charges , in particular on the eurotariff and the all - inclusive flat - rate should they offer one , when subscriptions are taken out and each time there is a change in roaming charges . home providers should provide information on roaming charges by appropriate means such as invoices , the internet , tv advertisements or direct mail . home providers should ensure that all their roaming customers are aware of the availability of regulated tariffs for the period concerned and should send a clear and unbiased communication to these customers describing the conditions of the eurotariff and the right to switch to and from it . ### transparency also requires that providers furnish information on roaming charges , in particular on the eurotariff and the all - inclusive flat - rate should they offer one , when subscriptions are taken out and each time there is a change in roaming charges . home providers should provide information on roaming charges by appropriate means such as invoices , the internet , tv advertisements or direct mail . all information and offers should be clear , understandable , comparable and transparent with regard to prices and service characteristics . advertising of roaming offers and marketing to consumers should fully comply with consumer protection legislation , in particular with directive 2005 / 29 / ec of the european parliament and of the council of 11 may 2005 concerning unfair business - to - consumer commercial practices in the internal market 1 . home providers should ensure that all their roaming customers are aware of the availability of regulated tariffs for the period concerned and should send a clear and unbiased communication to these customers describing the conditions of the eurotariff and the right to switch to and from it . _____________ 1 oj l 149 , 11 . 6 . 2005 , p . 22


### moreover , measures should be introduced to improve the transparency of retail prices for data roaming services , in particular to eliminate the problem of ‘ bill shock’ which constitutes a barrier to the smooth functioning of the internal market , and to provide roaming customers with the tools they need to monitor and control their expenditure on data roaming services . equally , there should be no obstacles to the emergence of applications or technologies which can be a substitute for , or alternative to , roaming services , such as wifi . consumers should be provided with this information , thereby allowing them to make an informed choice . ### moreover , measures should be introduced to improve the transparency of retail prices for all roaming services , in particular to eliminate the problem of ‘ bill shock’ which constitutes a barrier to the smooth functioning of the internal market , and to provide roaming customers with the tools they need to monitor and control their expenditure on data roaming services . equally , there should be no obstacles to the emergence of applications or technologies which can be a substitute for , or alternative to , roaming services , such as wifi . consumers should be provided with this information , thereby allowing them to make an informed choice .


### ‘ home provider’ means an undertaking that provides a customer with union - wide roaming services either via its own network or as a mobile virtual network operator or reseller ; ### ‘ home provider’ means an undertaking that provides a customer with union - wide roaming services either via its own network or as a reseller ;


### ‘ wholesale roaming access’ means the making available of facilities and / or services to another undertaking , under defined conditions , for the purpose of providing roaming services to retail customers ; ### ‘ wholesale roaming access’ means the making available of facilities and / or services to another undertaking , on a non - discriminatory basis , under defined conditions , for the purpose of providing roaming services to retail customers ;


### mobile network operators shall meet all reasonable requests for wholesale roaming access , including those from mobile virtual network operators and resellers . rules on regulated wholesale roaming tariffs laid down in articles 6 , 8 and 11 shall apply for the provision of wholesale roaming access . ### mobile network operators shall meet all reasonable requests for wholesale roaming access , including those from resellers . rules on regulated wholesale roaming tariffs laid down in articles 6 , 8 and 11 shall apply for the provision of wholesale roaming access .


### the average wholesale charge referred to in paragraph 1 shall be calculated by dividing the total wholesale roaming revenue received by the total number of wholesale roaming minutes actually used for the provision of wholesale roaming calls within the union by the relevant operator over the relevant period , aggregated on a per second basis adjusted to take account of the possibility for the operator of the visited network to apply an initial minimum charging period not exceeding 30 seconds . ### the average wholesale charge referred to in paragraph 1 shall be calculated by dividing the total wholesale roaming revenue received by the total number of wholesale roaming minutes actually used for the provision of wholesale roaming calls within the union by the relevant operator over the relevant period , aggregated on a per second basis .


### the retail charge of a eurotariff which a home provider may levy from its roaming customer for the provision of a regulated roaming call may vary for any roaming call but shall not exceed eur 0 , 32 per minute for any call made or eur 0 , 11 per minute for any call received as of 1 july 2012 . the price ceiling for calls made shall decrease to eur 0 , 28 and eur 0 , 24 on 1 july 2013 and on 1 july 2014 respectively , and for calls received to eur 0 , 10 on 1 july 2013 . without prejudice to articles 13 and 19 these regulated maximum retail charges for the eurotariff shall remain valid until 30 june 2016 . ### the retail charge of a eurotariff which a home provider may levy from its roaming customer for the provision of a regulated roaming call may vary for any roaming call but shall not exceed eur 0 , 13 per minute for any call made or eur 0 , 06 per minute for any call received as of 1 july 2012 . the price ceiling for calls made shall decrease to eur 0 , 12 and eur 0 , 10 on 1 july 2013 and on 1 july 2014 respectively , and for calls received to eur 0 , 05 and eur 0 , 03 on 1 july 2013 and on 1 july 2014 respectively . without prejudice to articles 13 and 19 these regulated maximum retail charges for the eurotariff shall remain valid until 30 june 2016 .


### the retail charge of a eurotariff which a home provider may levy from its roaming customer for the provision of a regulated roaming call may vary for any roaming call but shall not exceed eur 0 , 32 per minute for any call made or eur 0 , 11 per minute for any call received as of 1 july 2012 . the price ceiling for calls made shall decrease to eur 0 , 28 and eur 0 , 24 on 1 july 2013 and on 1 july 2014 respectively , and for calls received to eur 0 , 10 on 1 july 2013 . without prejudice to articles 13 and 19 these regulated maximum retail charges for the eurotariff shall remain valid until 30 june 2016 . ### the retail charge of a eurotariff which a home provider may levy from its roaming customer for the provision of a regulated roaming call may vary for any roaming call but shall not exceed eur 0 , 15 per minute for any call made or eur 0 , 05 per minute for any call received as of 1 july 2012 . the price ceiling for calls made shall decrease to eur 0 , 13 and eur 0 , 10 on 1 july 2013 and on 1 july 2014 respectively , and for calls received to eur 0 , 03 on 1 july 2013 . from 1 july 2014 , home providers shall not levy any charge from their roaming customers for calls received . without prejudice to articles 13 and 19 these regulated maximum retail charges for the eurotariff shall remain valid until 30 june 2016 .


### any roaming customer may request to switch to or from a eurotariff . any switch must be made within one working day of receipt of the request and free of charge and shall not entail conditions or restrictions pertaining to other elements of the subscription , save that where a roaming customer who has subscribed to a special roaming package which includes more than one roaming service wishes to switch to a eurotariff , the home provider may require the switching customer to forego the benefits of the other elements of that package . a home provider may delay a switch until the previous roaming tariff has been effective for a minimum specified period not exceeding three months . ### any roaming customer may request to switch to or from a eurotariff . any switch must be made within one working day of receipt of the request and free of charge and shall not entail conditions or restrictions pertaining to other elements of the subscription , save that where a roaming customer who has subscribed to a special roaming package which includes more than one roaming service wishes to switch to a eurotariff , the home provider may require the switching customer to forego the benefits of the other elements of that package . a home provider may delay a switch until the previous roaming tariff has been effective for a minimum specified period not exceeding two months , including the eventual contractual notice period .


### with effect from 1 july 2012 , the retail charge of a euro - sms tariff which a home provider may levy from its roaming customer for a regulated roaming sms message sent by that roaming customer may vary for any roaming sms message but shall not exceed eur 0 , 10 . without prejudice to articles 13 and 19 , the regulated maximum retail charge for the euro - sms tariff shall remain at eur 0 , 10 until 30 june 2016 . ### with effect from 1 july 2012 , the retail charge of a euro - sms tariff which a home provider may levy from its roaming customer for a regulated roaming sms message sent by that roaming customer may vary for any roaming sms message but shall not exceed eur 0 , 07 . the price ceiling shall decrease to 0 , 06 on 1 july 2013 and to 0 , 05 on 1 january 2014 . the regulated maximum retail charge for the euro - sms tariff shall remain at eur 0 , 05 until 30 june 2016 . price differentiation between domestic and roaming calls shall be no longer possible from 1 july 2014 .


### with effect from 1 july 2012 , the retail charge of a euro - sms tariff which a home provider may levy from its roaming customer for a regulated roaming sms message sent by that roaming customer may vary for any roaming sms message but shall not exceed eur 0 , 10 . without prejudice to articles 13 and 19 , the regulated maximum retail charge for the euro - sms tariff shall remain at eur 0 , 10 until 30 june 2016 . ### with effect from 1 july 2012 , the retail charge of a euro - sms tariff which a home provider may levy from its roaming customer for a regulated roaming sms message sent by that roaming customer may vary for any roaming sms message but shall not exceed eur 0 , 07 . the price ceiling for sms sent shall decrease to eur 0 , 05 on july 2014 . without prejudice to articles 13 and 19 , the regulated maximum retail charge for the euro - sms tariff shall remain at eur 0 , 05 until 30 june 2016 .


### with effect from 1 july 2012 , the retail charge of a euro - sms tariff which a home provider may levy from its roaming customer for a regulated roaming sms message sent by that roaming customer may vary for any roaming sms message but shall not exceed eur 0 , 10 . without prejudice to articles 13 and 19 , the regulated maximum retail charge for the euro - sms tariff shall remain at eur 0 , 10 until 30 june 2016 . ### with effect from 1 july 2012 , the retail charge of a euro - sms tariff which a home provider may levy from its roaming customer for a regulated roaming sms message sent by that roaming customer may vary for any roaming sms message but shall not exceed eur 0 , 07 , and shall not exceed eur 0 , 05 from 1 july 2014 . without prejudice to articles 13 and 19 , the regulated maximum retail charge for the euro - sms tariff shall remain at eur 0 , 05 until 30 june 2016 .


### any roaming customer may request to switch to or from a euro - sms tariff at any time . any switch must be made within one working day of receipt of the request and free of charge and shall not entail conditions or restrictions pertaining to elements of the subscription other than roaming . a home provider may delay such a switch until the previous roaming tariff has been effective for a minimum specified period not exceeding three months . a euro - sms tariff may always be combined with a eurotariff . ### any roaming customer may request to switch to or from a euro - sms tariff at any time . any switch must be made within one working day of receipt of the request and free of charge and shall not entail conditions or restrictions pertaining to elements of the subscription other than roaming . a home provider may delay such a switch until the previous roaming tariff has been effective for a minimum specified period not exceeding two months , including the eventual contractual notice period . a euro - sms tariff may always be combined with a eurotariff .


### with effect from 1 july 2012 the average wholesale charge that the operator of a visited network may levy from the roaming customer ' s home provider for the provision of regulated data roaming services by means of that visited network shall not exceed a safeguard limit of eur 0 , 30 , eur 0 , 20 as of 1 july 2013 and eur 0 , 10 as of 1 july 2014 per megabyte of data transmitted . without prejudice to article 13 the maximum average wholesale charge for the provision of regulated data roaming services shall remain at eur 0 , 10 per megabyte of data transmitted for the duration of this regulation . ### with effect from 1 july 2012 the average wholesale charge that the operator of a visited network may levy from the roaming customer ' s home provider for the provision of regulated data roaming services by means of that visited network shall not exceed a safeguard limit of eur 0 , 05 , eur 0 , 04 as of 1 july 2013 and eur 0 , 03 as of 1&#160 ; january 2014 per megabyte of data transmitted . the maximum wholesale charge shall remain at eur 0 , 03 per megabyte used until 1&#160 ; july 2014 when price differentiation between domestic and roaming data shall be no longer possible .


### this basic personalised pricing information shall include the maximum charges the customer may be subject to under his tariff scheme for : ### this basic personalised pricing information shall be sent to the customer when roaming outside as well as within the european union and shall include the maximum charges the customer may be subject to under his tariff scheme for :


### this basic personalised pricing information shall include the maximum charges the customer may be subject to under his tariff scheme for : ### this basic personalised pricing information shall include the actual charges the customer may be subject to under his tariff scheme for :


### home providers shall ensure that their roaming customers , both before and after the conclusion of a contract , are kept adequately informed of the charges which apply to their use of regulated data roaming services , in ways which facilitate customers ' understanding of the financial consequences of such use and permit them to monitor and control their expenditure on regulated data roaming services in accordance with paragraphs 2 and 3 . the safeguard mechanisms referred to in paragraph 3 shall not apply to pre - paid customers . ### home providers shall ensure that their roaming customers , both before and after the conclusion of a contract , are kept adequately informed of the charges which apply to their use of data roaming services , both inside and outside the european union , in ways which facilitate customers ' understanding of the financial consequences of such use and permit them to monitor and control their expenditure on data roaming services in accordance with paragraphs 2 and 3 . the safeguard mechanisms referred to in paragraph 3 shall not apply to pre - paid customers that use pre - paid services without automatic topping - up mechanism .


### where appropriate , home providers shall inform their customers , before the conclusion of a contract and on a regular basis thereafter , of the risk of automatic and uncontrolled data roaming connection and download . furthermore , home providers shall explain to their customers , in a clear and easily understandable manner , how to switch off these automatic data roaming connections in order to avoid uncontrolled consumption of data roaming services . ### home providers shall inform their customers , before the conclusion of a contract and on a regular basis thereafter , of the risk of automatic and uncontrolled data roaming connection and download . furthermore , home providers shall explain to their customers , in a clear and easily understandable manner , how to switch off these automatic data roaming connections in order to avoid uncontrolled consumption of data roaming services . any data roaming provider shall allow the roaming customer to request that the data roaming service be switching off .


### an automatic message from the home provider shall inform the roaming customer that he is roaming and provide basic personalised tariff information on the charges applicable to the provision of regulated data roaming services to that roaming customer in the member state concerned , except where the customer has notified his home provider that he does not require this information . ### an automatic message from the home provider shall inform the roaming customer that he is roaming and provide basic personalised tariff information on the actual charges applicable to the provision of regulated data roaming services to that roaming customer in the country concerned , except where the customer who is at least 18 years old has notified his home provider that he does not require this information . since the bill is charged per megabyte , the automatic message shall also give a clear example of what a megabyte of data accounts for .


### such basic personalised tariff information shall be delivered to the roaming customer ' s mobile telephone or other device , for example by an sms message , an e - mail or a pop - up window on the computer , every time the roaming customer enters a member state other than that of his home network and initiates for the first time a regulated data roaming service in that particular member state . it shall be provided free of charge at the moment the roaming customer initiates a regulated data roaming service , by an appropriate means adapted to facilitate its receipt and easy comprehension . ### such basic personalised tariff information shall be delivered to the roaming customer ' s mobile telephone or other device , for example by an sms message , an e - mail or a pop - up window on the computer , every time the roaming customer enters a member state or third country other than that of his home network and initiates for the first time a regulated data roaming service in that particular country . it shall be provided free of charge at the moment the roaming customer initiates a regulated data roaming service , by an appropriate means adapted to facilitate its receipt and easy comprehension . the personalised pricing information shall be sent to the customer when roaming outside as well as within the union .


### each home provider shall also ensure that an appropriate notification is sent to the roaming customer ' s mobile telephone or other device , for example by an sms message , an e - mail or a pop - up window on the computer , when the data roaming services have reached 80 % of the agreed financial or volume limit . customers shall have the right to require their operators to stop sending such notifications and shall have the right at any time and free of charge to require the home provider to provide the service again . ### each home provider shall also ensure that an appropriate notification is sent to the roaming customer ' s mobile telephone or other device , for example by an sms message , an e - mail or a pop - up window on the computer , when roaming calls , sms and data roaming services have reached 80% of the agreed financial or volume limit . customers shall have the right to require their operators to stop sending such notifications and shall have the right at any time and free of charge to require the home provider to provide the service again .


### when this financial or volume limit would otherwise be exceeded , a notification shall be sent to the roaming customer ' s mobile telephone or other device . this notification shall indicate the procedure to be followed if the customer wishes to continue provision of those services and the cost associated with each additional unit to be consumed . if the roaming customer does not respond as prompted in the notification received , the home provider shall immediately cease to provide and to charge the roaming customer for regulated data roaming services , unless and until the roaming customer requests the continued or renewed provision of those services . ### when this financial or volume limit would otherwise be exceeded , a notification shall be sent to the roaming customer ' s mobile telephone or other device . this notification shall indicate the procedure to be followed if the customer wishes to continue provision of those services and the cost associated with each additional unit to be consumed . if the roaming customer does not respond as prompted in the notification received , the home provider shall immediately cease to provide and to charge the roaming customer for regulated calls , sms and data roaming services , unless and until the roaming customer requests the continued or renewed provision of those services .


### member states shall lay down the rules on penalties applicable to infringements of this regulation and shall take all measures necessary to ensure that they are implemented . the penalties provided for must be effective , proportionate and dissuasive . member states shall notify those provisions to the commission no later than 30 march 2012 and shall notify it without delay of any subsequent amendment affecting them . ### member states shall lay down the rules on penalties applicable to infringements of this regulation and shall take all measures necessary to ensure that they are implemented . the penalties provided for must be effective , proportionate and dissuasive . those penalties shall include an obligation of providers to provide a compensation to subscribers when they delay or hinder a subscriber ' s switch to an alternative roaming provider . member states shall notify those provisions to the commission no later than 30 march 2012 and shall notify it without delay of any subsequent amendment affecting them .


### in order to increase legal certainty for air carriers and passengers , a more precise definition of the concept of “extraordinary circumstances” is needed , which takes into account the judgement of the european court of justice in the case c - 549 / 07 . such a definition should be further clarified via a non - exhaustive list of circumstances that are clearly identified as extraordinary or not . ### in order to increase legal certainty for air carriers and passengers , a more precise definition of the concept of “extraordinary circumstances” is needed , which takes into account the judgement of the european court of justice in the case c - 549 / 07 . such a definition should be further clarified via a final list of circumstances that are clearly identified as extraordinary or not .


### airports and airport users such as air carriers and ground handling companies should cooperate to minimise the impact of multiple flight disruptions on passengers by ensuring their care and rerouting . to this end , they should prepare contingency plans for such occurrences and work together in the development of such plans . ### the airport managing body and airport users such as air carriers , ground handling companies and assistance providers for disabled passengers and passengers with reduced mobility should cooperate to minimise the impact of multiple flight disruptions on passengers by ensuring their care and rerouting . to this end , they shall prepare contingency plans for such occurrences and submit such plans to the national enforcement body who shall assess them and may require adaptations when necessary .


### passengers should not only be correctly informed about their rights in cases of flight disruption , but they should also be adequately informed about the cause of the disruption itself , as soon as the information becomes available . this information should also be provided where the passenger has acquired the ticket through an intermediary established in the union . ### passengers are entitled to be accurately informed about their rights in cases of flight disruption , cancellation , delay , or denied boarding , as well as about the cause of the change , as soon as the information becomes available . this information should also be provided where the passenger has acquired the ticket through an intermediary established in the union .


### “ ' person with reduced mobility” means any person as defined in article 2 of regulation no 1107 / 2006 concerning the rights of disabled persons and persons with reduced mobility when travelling by air22 . __________________ 22 oj l204 , 26 . 7 . 2006 , p . 1 ### ' disabled person or “person with reduced mobility” means any person whose mobility when using transport is reduced due to any physical disability , intellectual disability or impairment , or any other cause of disability , or age , and whose situation needs appropriate attention and the adaptation to his or her particular needs of the service made available to all passengers ; __________________ 22 oj l204 , 26 . 7 . 2006 , p . 1


### without prejudice to article 8 , this regulation shall only apply to passengers transported by motorised fixed wing aircraft . however , where a part of the journey is carried out , in accordance with a contract of carriage , by another mode of transport or by helicopter , this regulation shall apply for the whole journey and the part of the journey carried out by another mode of transport shall be considered as a connecting flight for the purposes of this regulation . ### without prejudice to article 8 , article 6a shall only apply to passengers transported by motorised fixed wing aircraft . ' however , where a part of the journey is carried out , in accordance with a single contract of carriage and on the basis of a single reservation , by another mode of transport or by helicopter , this regulation shall apply for the whole journey if it was so indicated in the contract of carriage '


### “1 . when an operating air carrier reasonably expects to deny boarding on a flight , it shall first call for volunteers to surrender their reservations in exchange for benefits under conditions to be agreed between the passenger concerned and the operating air carrier . volunteers shall be assisted in accordance with article 8 , such assistance being additional to the benefits mentioned in this paragraph . ### article 4 is replaced by the following : “1 . when an operating air carrier reasonably expects to deny boarding on a flight , it shall first call for volunteers to surrender their reservations in exchange for benefits under conditions to be agreed between the passenger concerned and the operating air carrier . the equivalent value of such benefits may not be less than the compensation which the passenger would have received had boarding been denied to him against his will . the air carrier shall inform the passenger of the rights to which passengers are entitled in the event of denied boarding against their will and shall provide the passenger with a document in writing for approval specifying the benefits to be granted and the passenger’s rights under this regulation . volunteers shall be assisted in accordance with article 8 , such assistance being additional to the benefits mentioned in this paragraph , and in accordance with article 9 if a passenger has opted for re - routing necessitating an overnight stay . ”


### if boarding is denied to passengers against their will , the operating air carrier shall immediately compensate them in accordance with article 7 and assist them in accordance with article 8 . where the passenger opts for rerouting at the earliest opportunity pursuant to article 8 and where the departure time is at least two hours after the initial departure time , the operating carrier shall assist the passenger in accordance with article 9 . ### if boarding is denied to passengers against their will , the operating air carrier shall immediately , and without further requirements from the passenger , compensate them in accordance with article 7 and assist them in accordance with article 8 . where the passenger opts for rerouting at the earliest opportunity pursuant to article 8 and where the departure time is at least two hours after the initial departure time , the operating carrier shall assist the passenger in accordance with article 9 .


### at airports whose annual traffic has been not less than three million passengers for at least three consecutive years , the airport managing body shall ensure that the operations of the airport and of airport users , in particular the air carriers and the suppliers of ground handling services , are coordinated through a proper contingency plan in view of possible situations of multiple cancellations and / or delays of flights leading to a considerable number of passengers stranded at the airport , including in cases of airline insolvency or revocation of the operating licence . the contingency plan shall be set up to ensure adequate information and assistance to the stranded passengers . the managing body of the airport shall communicate the contingency plan and any amendments to it to the national enforcement body designated pursuant to article 16 . at airports below the above - mentioned threshold , the airport management body shall make all reasonable efforts to coordinate airport users and to assist and inform stranded passengers in such situations . ### at airports whose annual traffic has been not less than three million passengers for at least three consecutive years , the airport managing body shall ensure that the operations of the airport managing body in cooperation with the airport users , in particular the air carriers , the suppliers of ground handling services and special assistance providers for disabled passengers or passengers with reduced mobility , shall set up a proper contingency plan that shall ensure adequate coordination of the airport and the airport users in view of possible situations of multiple cancellations and / or delays of flights leading to a considerable number of passengers stranded at the airport , including in cases of airline insolvency or revocation of the operating licence . the contingency plan shall be set up to ensure adequate information and assistance to the stranded passengers . the managing body of the airport shall communicate the contingency plan and any amendments to it to the national enforcement body designated pursuant to article 16 . at airports below the above - mentioned threshold , the airport management body shall make all reasonable efforts to coordinate airport users and to assist and inform stranded passengers in such situations .


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


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


### where a passenger misses a connecting flight as a result of a delay or change of schedule to a preceding flight , the community air carrier operating the onward connecting flight shall offer the passenger : ### where a passenger misses a connecting flight at an airport located in the area in which the treaty on european union applies as a result of a delay or change of schedule to the feeder flight , the air carrier operating the feeder flight shall offer the passenger :


### 3 if an operating air carrier offers a passenger a flight to or from an airport alternative to that for which the reservation was made , the operating air carrier shall bear the cost of transferring the passenger from that alternative airport to that for which the reservation was made , or , with regard to the destination airport , to another neighbouring destination agreed with the passenger . ### if an operating air carrier offers a passenger a flight to or from an airport alternative to that for which the ticket was issued and this offer is accepted by the passenger , the operating air carrier shall bear the cost of transporting the passenger between the airport for which the ticket was issued and the alternative airport .


### transport between the airport and place of accommodation ### transport from the airport to the place of accommodation and back .


### the operating air carrier shall not apply the limitations set out in articles 9 and 9 if the passenger is a person with reduced mobility or any person accompanying him / her , an unaccompanied child , a pregnant woman or a person in need of specific medical assistance , on condition the air carrier or its agent or the organiser has been notified of their particular needs for assistance at least 48 hours before the scheduled time of departure of the flight , such notification shall be deemed to cover the entire journey and the return journey if both journeys have been contracted with the same air carrier . ### the operating air carrier shall not apply the limitations set out in articles 9 and 9 : if the passenger is a person with a disability or reduced mobility or any person accompanying him / her , or a person in need of specific medical assistance , on condition the air carrier or its agent or the organiser has been notified of their particular needs for assistance at least 48 hours before the scheduled time of departure of the flight . such notification shall be deemed to cover the entire journey and the return journey if both journeys are shown on the same ticket ; b ) if the passenger is a pregnant woman or an unaccompanied child . air carriers shall also endeavour to ensure good care is taken of guide dogs and assistance dogs . information about assistance and the arrangements available in line with point a ) shall be made known through various accessible means of communication .


### the operating air carrier shall not apply the limitations set out in articles 9 and 9 if the passenger is a person with reduced mobility or any person accompanying him / her , an unaccompanied child , a pregnant woman or a person in need of specific medical assistance , on condition the air carrier or its agent or the organiser has been notified of their particular needs for assistance at least 48 hours before the scheduled time of departure of the flight , such notification shall be deemed to cover the entire journey and the return journey if both journeys have been contracted with the same air carrier . ### the operating air carrier shall not apply the limitations set out in articles 9 and 9 if the passenger is a person with a disability or with reduced mobility or any person accompanying him / her , an unaccompanied child , a pregnant woman or a person in need of specific medical assistance , on condition the air carrier or its agent or the organiser has been notified of their particular needs for assistance at least 48 hours before the scheduled time of departure of the flight , such notification shall be deemed to cover the entire journey and the return journey if both journeys have been contracted with the same air carrier . the accommodation provided as well as the information about those arrangements , given by different means of communication , shall be accessible and the needs of guide and assistance dogs should be equally met .


### in cases where an operating air carrier pays compensation or meets the other obligations incumbent on it under this regulation , no provision of this regulation or of national law may be interpreted as restricting its right to seek compensation for the costs incurred under this regulation from any third parties which contributed to the event triggering compensation or other obligations . ' ### in cases where an operating air carrier pays compensation or meets the other obligations incumbent on it under this regulation , no provision of this regulation may be interpreted as restricting its right to seek compensation from any person , including third parties , in accordance with the law applicable . in particular , this regulation shall in no way restrict the operating air carrier ' s right to seek compensation from an organiser or other person with whom the operating air carrier has a contract . similarly , no provision of this regulation may be interpreted as restricting the right of a tour operator or a third party , other than a passenger , with whom the operating air carrier has the contract , to seek compensation from the operating air carrier in accordance with applicable relevant laws .


### the sanctions laid down by member states for infringements of this regulation shall be effective , proportionate and dissuasive . ### the sanctions laid down by member states for infringements of this regulation shall be effective , proportionate , dissuasive and sufficient to provide carriers with a financial incentive to comply consistently with the regulation .


### for each year , at the latest at the end of april of the following calendar year , the national enforcement bodies shall publish statistics on their activity , including on sanctions applied . ### for each year , at the latest at the end of april of the following calendar year , the national enforcement bodies shall publish statistics on their activity , including on sanctions applied . the national enforcement bodies shall at the same time publish , on the basis of data which air carriers and airport managing bodies are required to keep and supply , statistics concerning the number and nature of complaints , the number of delays and their duration and data on lost , delayed or damaged baggage .


### if a passenger wants to make a complaint to the air carrier with regard to his rights under this regulation , he shall submit it within 3 months from the date on which the flight was performed or was scheduled to be performed . within 7 days of receiving the complaint , the carrier shall confirm the receipt of the complaint to the passenger . within two months of receiving the complaint , the carrier shall provide a full answer to the passenger . ### if a passenger wants to make a complaint to the air carrier with regard to his rights under this regulation , he shall submit it within 3 months from the date on which the flight was performed or was scheduled to be performed . within 7 days of receiving the complaint , the carrier shall confirm the receipt of the complaint to the passenger . within two months of receiving the complaint , the carrier shall provide a full and reasoned answer to the passenger , as well as the relevant contact details of the designated body referred to in paragraph 3 , including postal address , phone number , email address and website .


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


### the community air carrier shall provide a complaint form at the airport which allows the passenger to immediately submit such a complaint about damaged or delayed baggage . such a complaint form , which may take the form of a property irregularity report , shall be accepted by the air carrier at the airport as a complaint pursuant to article 31 of the montreal convention . this possibility shall not affect the right of the passenger to submit a complaint via other means within the deadlines given by the montreal convention . ### the air carrier shall provide a complaint form at the airport situated on the territory where the treaty on european union applies and at those situated in third countries served by a community carrier which allows the passenger to immediately submit such a complaint about damaged or delayed baggage . such a complaint form , which may take the form of a property irregularity report , shall be accepted by the air carrier at the airport as a complaint pursuant to article 31 of the montreal convention . the complaint form shall also be made available to the passenger at all points of sale of the air carrier , including electronic sites , in respect of all transport operations by community air carriers and transport to , from and within the european union with regard to third - country air carriers . this possibility shall not affect the right of the passenger to submit a complaint via other means within the deadlines given by the montreal convention .


### whenever carrying checked wheelchairs or other mobility equipment or assistive devices , the air carrier and its agents shall offer each person with reduced mobility as defined in article 2 of regulation no 1107 / 200625 the option to make , free of charge , a special declaration of interest pursuant to article 22 of the montreal convention , at booking and at the latest when the equipment is handed to the carrier . __________________ 25 regulation no 1107 / 2006 of the european parliament and of the council of 5 july 2006 concerning the rights of disabled persons and persons with reduced mobility when travelling by air , oj l 204 , 26 . 7 . 2006 , p . 1 ### whenever carrying checked wheelchairs or other mobility equipment or assistive devices , the air carrier and its agents shall make aware and offer each person with reduced mobility as defined in article 2 of regulation no 1107 / 200625 the option to make , free of charge , a special declaration of interest pursuant to article 22 of the montreal convention , at booking and at the latest when the equipment is handed to the carrier . __________________ 25 regulation no 1107 / 2006 of the european parliament and of the council of 5 july 2006 concerning the rights of disabled persons and persons with reduced mobility when travelling by air , oj l 204 , 26 . 7 . 2006 , p . 1


### where extraordinary circumstances , such as safety reasons or a change of the aircraft type since the booking was made , preclude the carriage in the cabin of items included in the carry - on baggage allowance , the air carrier may carry them in the hold of the aircraft , but at no extra cost to the passenger . ### the air carrier may have the above items carried in the hold of the aircraft in case exceptional conditions related to safety reasons and the specific characteristics of the aircraft preclude transportation in cabin . no additional charges will apply in these cases .


### ' annex : non - exhaustive list of circumstances considered as extraordinary circumstances for the purposes of this regulation ### ' annex : exhaustive list of circumstances considered as extraordinary circumstances for the purposes of this regulation


### proposal for a regulation of the european parliament and of the council on a common european sales law ### proposal for a directive of the european parliament and of the council on the harmonisation of certain aspects of the obligation relating to the guarantee of conformity in connection with consumer sales contracts , related services and digital content


### whereas : there are still considerable bottlenecks to cross - border economic activity that prevent the internal market from exploiting its full potential for growth and job creation . currently , only one in ten traders in the union exports goods within the union and the majority of those who do , only export to a small number of member states . from the range of obstacles to cross - border trade including tax regulations , administrative requirements , difficulties in delivery , language and culture , traders consider the difficulty in finding out the provisions of a foreign contract law among the top barriers in business - to - consumer transactions and in business - to - business transactions . this also leads to disadvantages for consumers due to limited access to goods . different national contract laws therefore deter the exercise of fundamental freedoms , such as the freedom to provide goods and services , and represent a barrier to the functioning and continuing establishment of the internal market . they also have the effect of limiting competition , particularly in the markets of smaller member states . ### whereas : there are still considerable bottlenecks to cross - border economic activity that prevent the internal market from exploiting its full potential for growth and job creation . of all the obstacles to cross - border trade , tax regulations , administrative requirements , delivery difficulties , language and culture have been identified as the greatest barriers . in spite of recently adopted directive 2011 / 83 / eu of the european parliament and of the council of 25 october 2011 on consumer rights1 , which harmonises the main aspects of distance contracts , there are still a number of differences between national provisions of consumer contract law . those differences can be regarded as barriers to the functioning and continuing establishment of the internal market . ______________ 1oj . l 304 , 22 . 11 . 2011 , p . 64 .


### contracts are the indispensable legal tool for every economic transaction . however , the need for traders to identify or negotiate the applicable law , to find out about the provisions of a foreign applicable law often involving translation , to obtain legal advice to make themselves familiar with its requirements and to adapt their contracts to different national laws that may apply in cross - border dealings makes cross - border trade more complex and costly compared to domestic trade . contract - law - related barriers are thus a major contributing factor in dissuading a considerable number of export - oriented traders from entering cross - border trade or expanding their operations into more member states . their deterrent effect is particularly strong for small and medium - sized enterprises for which the costs of entering multiple foreign markets are often particularly high in relation to their turnover . as a consequence , traders miss out on cost savings they could achieve if it were possible to market goods and services on the basis of one uniform contract law for all their cross - border transactions and , in the online environment , one single web - site . ### contracts are the indispensable legal tool for every economic transaction . it is therefore necessary to complement directive 2011 / 83 / eu by updating the legal provisions governing certain aspects of the obligation relating to the guarantee of conformity in connection with consumer sales contracts , related services and digital content . this updating process should to take account of the needs of the digital economy and the relevant rulings of the european court of justice .


### the contract - law - related barriers which prevent traders from fully exploiting the potential of the internal market also work to the detriment of consumers . less cross - border trade results in fewer imports and less competition . consumers may be disadvantaged by a limited choice of goods at higher prices both because fewer foreign traders offer their products and services directly to them and also indirectly as a result of restricted cross - border business - to - business trade at the wholesale level . while cross - border shopping could bring substantial economic advantages in terms of more and better offers , many consumers are also reluctant to engage in cross - border shopping , because of the uncertainty about their rights . some of the main consumer concerns are related to contract law , for instance whether they would enjoy adequate protection in the event of purchasing defective products . as a consequence , a substantial number of consumers prefer to shop domestically even if this means they have less choice or pay higher prices . ### by bringing the established body of european consumer law up to date with regard to the legal obligation relating to the guarantee of conformity , related services and digital content , a high level of consumer protection will be ensured .


### 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 .


### in order to reflect the increasing importance of the digital economy , the scope of the common european sales law should also cover contracts for the supply of digital content . the transfer of digital content for storage , processing or access , and repeated use , such as a music download , has been growing rapidly and holds a great potential for further growth but is still surrounded by a considerable degree of legal diversity and uncertainty . the common european sales law should therefore cover the supply of digital content irrespective of whether or not that content is supplied on a tangible medium . ### in order to reflect the increasing importance of the digital economy , the scope of this directive should also cover contracts for the supply of digital content . the transfer of digital content for storage , processing or access , and repeated use , such as a music download , has been growing rapidly and holds a great potential for further growth but is still surrounded by a considerable degree of legal diversity and uncertainty . this directive should therefore cover the supply of digital content irrespective of whether or not that content is supplied on a tangible medium .


### digital content is often supplied not in exchange for a price but in combination with separate paid goods or services , involving a non - monetary consideration such as giving access to personal data or free of charge in the context of a marketing strategy based on the expectation that the consumer will purchase additional or more sophisticated digital content products at a later stage . in view of this specific market structure and of the fact that defects of the digital content provided may harm the economic interests of consumers irrespective of the conditions under which it has been provided , the availability of the common european sales law should not depend on whether a price is paid for the specific digital content in question . ### digital content is often supplied not in exchange for a price but in combination with separate paid goods or services , involving a non - monetary consideration such as giving access to personal data or free of charge in the context of a marketing strategy based on the expectation that the consumer will purchase additional or more sophisticated digital content products at a later stage . in view of this specific market structure and of the fact that defects of the digital content provided may harm the economic interests of consumers irrespective of the conditions under which it has been provided , the protection for the consumer which is ensured by this directive should not depend on whether a price is paid for the specific digital content in question .


### 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 updating existing provisions on the legal obligation relating to the guarantee of conformity , the material scope of this directive should also include certain services that are directly and closely related to specific goods or digital content and in practice often combined in the same or a linked contract at the same time .


### the common european sales law should not cover any related contracts by which the buyer acquires goods or is supplied with a service , from a third party . this would not be appropriate because the third party is not part of the agreement between the contracting parties to use the rules of the common european sales law . a related contract with a third party should be governed by the respective national law which is applicable according pursuant to regulations no 593 / 2008 and no 864 / 2007 or any other relevant conflict of law rule . ### should the good , related service or digital content concerned not conform to the contract , consumers should be able to choose from the various remedies which this directive guarantees them . consumers should be entitled to require traders to remedy the lack of conformity through certain actions , which may take the form of repair or replacement , a reduction in purchase price , withholding of the consumer’s own performance , withdrawal from the contract , or damages . it should be possible , where appropriate , to combine some of these remedies .


### 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 .


### in order to enhance legal certainty by making the case - law of the court of justice of the european union and of national courts on the interpretation of the common european sales law or any other provision of this regulation accessible to the public , the commission should create a database comprising the final relevant decisions . with a view to making that task possible , the member states should ensure that such national judgments are quickly communicated to the commission . ### in order to enhance legal certainty by making the case - law of the court of justice of the european union and of national courts on the interpretation of this directive accessible to the public , the commission should create a database comprising the final relevant decisions . with a view to making that task possible , the member states should ensure that such national judgments are quickly communicated to the commission .


### since the objective of this regulation , namely to contribute to the proper functioning of the internal market by making available a uniform set of contract law rules that can be used for cross - border transactions throughout the union , cannot be sufficiently achieved by the member states and can therefore be better achieved at union level , the union may adopt measures , in accordance with the principle of subsidiarity as set out in article 5 of the treaty on the european union . in accordance with the principle of proportionality , as set out in that article , this regulation does not go beyond what is necessary in order to achieve that objective . ### since the objective of this directive , namely to contribute to the proper functioning of the internal market by harmonising certain aspects of the obligation relating to the guarantee of conformity in connection with sales contracts , related services and digital content , cannot be sufficiently achieved by the member states and can therefore be better achieved at union level , the union may adopt measures , in accordance with the principle of subsidiarity as set out in article 5 of the treaty on the european union . in accordance with the principle of proportionality , as set out in that article , this directive does not go beyond what is necessary in order to achieve that objective .


### this regulation respects the fundamental rights and observes the principles recognised in particular by the charter of fundamental rights of the european union and specifically articles 16 , 38 and 47 thereof , ### this directive respects the fundamental rights and observes the principles recognised in particular by the charter of fundamental rights of the european union ,


### in relation to contracts between traders and consumers , this regulation comprises a comprehensive set of consumer protection rules to ensure a high level of consumer protection , to enhance consumer confidence in the internal market and encourage consumers to shop across borders . ### this directive comprises a comprehensive set of consumer protection rules to ensure a high level of consumer protection , to enhance consumer confidence in the internal market and encourage consumers to shop across borders . 3a . save as otherwise provided in this directive , member states may maintain or introduce national laws ensuring a higher level of consumer protection which depart from the provisions of this directive . 3b . should one or more member states avail itself of the possibility under paragraph 3a , the relevant provisions shall be in conformity with the treaties and notified to the commission . the commission shall subsequently ensure that that information is easily accessible to consumers and traders , inter alia on a dedicated website . 3c . the enjoyment of other national rights concerning traders’ contractual and non - contractual obligations shall be without prejudice to the consumer rights harmonised by this directive .


### ‘ 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 ;


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


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