### in article 78 , the following paragraph 8 is added : ' 8 . in order to ensure uniform application of this article , the european securities and markets authority may develop draft technical standards for endorsement by the commission to determine the conditions of application of the implementing measures adopted by the commission regarding the information referred to in paragraph 3 . the commission may adopt the draft technical standards referred to in the first subparagraph in accordance with the procedure laid down in article 7 of regulation . . . / . . . . [ esma ] . ' ### the following paragraph 8 is added : ' 8 . in order to ensure uniform application of this article , the european securities and markets authority shall develop draft technical standards to determine the conditions of application of the implementing measures adopted by the commission according to paragraph 7 regarding the information referred to in paragraph 3 . the commission may adopt the draft technical standards referred to in the first subparagraph in accordance with the procedure for implementing acts pursuant article 291 of the treaty '


### ' 4 . in order to ensure uniform application of this article , the european securities and markets authority may develop draft technical standards to determine the conditions of application of the implementing measures adopted by the commission regarding the procedures , arrangements , structures and organisational requirements referred to in paragraph 3 of this article . the commission may adopt the draft technical standards referred to in the first subparagraph in accordance with the procedure laid down in article 7 of regulation . . . / . . . . [ esma ] . ' ### ' 4 . in order to ensure uniform application of this article , the european securities and markets authority shall develop draft technical standards to determine the conditions of application of the implementing measures adopted by the commission regarding the procedures , arrangements , structures and organisational requirements referred to in paragraph 3 of this article . the commission may adopt the draft technical standards referred to in the first subparagraph in accordance with the procedure for implementing acts in accordance witharticle 291 of the treaty on the functioning of the european union . '


### in order to ensure uniform application of this article and of articles 7 , 9 - , 10 - , and 12 , the european securities and markets authority may develop draft technical standards to determine the conditions of application of the requirements and procedures for such authorisation as laid down in this article and in articles 7 , 9 - , 10 - and 12 . ### in order to ensure uniform application of this article and of articles 7 , 9 - , 10 - , and 12 , the european securities and markets authority shall develop draft technical standards to determine the conditions of application of the requirements and procedures for such authorisation as laid down in this article and in articles 7 , 9 - , 10 - and 12 . the authority shall submit those draft technical standards to the commission by 1 january 2015 .


### in order to ensure uniform application of this directive , the european insurance and occupational pension authority shall develop draft technical standards listing for each member state provisions of prudential nature relevant to the field of occupational pension schemes which are not covered by the reference to national social and labour law in paragraph 1 . the authority shall submit those draft technical standards to the commission by 1 january 2014 . ### in order to ensure consistent harmonisation and uniform application of this directive , the european insurance and occupational pension authority shall develop draft technical standards regarding the calculation of technical provisions and shall prepare reports listing for each member state other provisions of prudential nature relevant to the field of occupational pension schemes which are not covered by the reference to national social and labour law in paragraph 1 . the authority shall submit those draft technical standards and reports to the commission by 1 june 2011 . ”


### ' in order to ensure uniform application of this article , the european banking authority established by regulation … / … of the european parliament and of the council may develop draft technical standards to determine the conditions of application of the requirements and procedures for such authorisation as laid down in articles 7 , 8 , 10 , 11 and 12 , with the exception of the conditions established in the second sentence of article 11 . the commission may adopt the draft technical standards referred to in the first subparagraph in accordance with the procedure laid down in article 7 of regulation . . . / . . . . [ eba ] . ' ### ' in order to ensure consistent harmonisation and uniform application of this article , the european banking authority established by regulation … / … of the european parliament and of the council shall develop draft technical standards to determine the conditions of application of the requirements and procedures for such authorisation as laid down in articles 7 , 8 , 10 , 11 and 12 , with the exception of the conditions established in the second sentence of article 11 . the commission may adopt the draft technical standards referred to in the first subparagraph in accordance with the procedure laid down in article 7 of regulation . . . / . . . . [ eba ] . '


### ' where an emergency situation , including adverse developments in financial markets , arises , which potentially jeopardises the market liquidity and the stability of the financial system in any of the member state where entities of a group have been authorised or where significant branches referred to in article 42a are established , the consolidating supervisor shall , subject to chapter 1 , section 2 , alert as soon as is practicable , the european banking authority and the authorities referred to in the fourth subparagraph of article 49 and article 50 , and shall communicate all information essential for the pursuance of their tasks . those obligations shall apply to all competent authorities under articles 125 and 126 and to the competent authority identified under article 129 . ### ' where a potential or effective emergency situation , including any potential adverse developments in financial markets or in real economy , arises , which potentially jeopardises the market liquidity and the stability of the financial system in any of the member state where entities of a group have been authorised or where significant branches referred to in article 42a are established , the consolidating supervisor shall , subject to chapter 1 , section 2 , alert as soon as is practicable , the european banking authority and the authorities referred to in the fourth subparagraph of article 49 and article 50 , and shall communicate all information essential for the pursuance of their tasks . those obligations shall apply to all competent authorities under articles 125 and 126 and to the competent authority identified under article 129 .


### ' 7 . in order to ensure uniform application of this article , the european securities and markets authority may develop draft technical standards to determine the conditions of application of the implementing measures adopted by the commission regarding the agreement , measures and procedures referred to in points , and of paragraph 6 . the commission may adopt the draft technical standards referred to in the first subparagraph in accordance with the procedure laid down in article 7 of regulation . . . / . . . . [ esma ] . ' ### ' 7 . in order to ensure uniform application of this article , the european securities and markets authority shall develop draft technical standards to determine the conditions of application of the implementing measures adopted by the commission regarding the agreement , measures and procedures referred to in points , and of paragraph 6 . the commission may adopt the draft technical standards referred to in the first subparagraph in accordance with the procedure for implementing acts in accordace with article 291 of the treaty on the functioning of the european union . '


### the european council , in its conclusions of 19 june 2009 , recommended that a european system of financial supervisors , comprising three new european supervisory authorities , be established . the system should be aimed at upgrading the quality and consistency of national supervision , strengthening oversight of cross border groups and establishing a european single rule book applicable to all financial institutions in the internal market . it emphasised that the european supervisory authorities should also have supervisory powers for credit rating agencies and invited the commission to prepare concrete proposals on how the european system of financial supervisors could play a strong role in crisis situations . ### the european council , in its conclusions of 19 june 2009 , recommended that a european system of financial supervisors , comprising three new european supervisory authorities , be established . the system should be aimed at upgrading the quality and consistency of national supervision , strengthening oversight of cross border groups , establishing a european single rule book applicable to all financial institutions in the internal market and ensuring adequate harmonisation of criteria and methodology to be applicable by the national supervisors to assess the risk of credit institutions . it emphasised that the european supervisory authorities should also have supervisory powers for credit rating agencies and invited the commission to prepare concrete proposals on how the european system of financial supervisors could play a strong role in crisis situations .


### ' in order to ensure uniform application of this paragraph , the european banking authority shall develop draft technical standards in order to determine the conditions of application of the exemptions in point and . the authority shall submit those draft technical standards to the commission by 1 january 2014 . the commission may adopt those draft technical standards in accordance with the procedure laid down in article 7 of regulation . . . / . . . . [ eba ] ' . ### ' in order to ensure consistent harmonisation and uniform application of this paragraph , the european banking authority shall develop draft technical standards in order to specify exemptions in point and . the authority shall submit those draft technical standards to the commission by 1 january 2014 . the commission may adopt those draft technical standards in accordance with the procedure laid down in article 7 of regulation . . . / . . . . [ eba ] ' .


### in the absence of such a joint decision between the competent authorities within four months , a decision on the application of articles 123 and 124 and article 136 shall be taken on a consolidated basis by the consolidating supervisor after duly considering the risk assessment of subsidiaries performed by relevant competent authorities . if , at the end of the four month period , a competent authority has referred the matter to the european banking authority in accordance with article 11 of regulation … / … [ eba ] , the consolidating supervisor shall await any decision that the european banking authority may take in accordance with article 11 of that regulation , and shall act in conformity with that decision . the four month period shall be deemed the conciliation period within the meaning of the regulation . the european banking authority shall take its decision within one month . the matter shall not be referred to the authority after the end of the four month period or after a joint decision has been reached . ### in the absence of such a joint decision between the competent authorities within four months , a decision on the application of articles 123 and 124 and article 136 shall be taken on a consolidated basis by the consolidating supervisor after duly considering the risk assessment of subsidiaries performed by relevant competent authorities . if , at the end of the four - month period , any of the competent authorities concerned has referred the matter to the european banking authority in accordance with article 11 of regulation … / … [ eba ] , the consolidating supervisor shall defer its decision and await any decision that the european banking authority may take in accordance with article 11 of that regulation on its decision , and shall take its decision in conformity with the european banking authority ' s decision . the four - month period shall be deemed to be the conciliation period within the meaning of the regulation . the european banking authority shall take its decision within one month . the matter shall not be referred to the authority after the end of the four - month period or after a joint decision has been reached . decisions taken by the european banking authority shall not replace the lawful exercise of judgment by the competent authorities of the consolidating supervisor pursuant to this directive .


### ' the decision on the application of articles 123 and 124 and article 136 shall be taken by the respective competent authorities responsible for supervision of subsidiaries of an eu parent credit institution or an eu parent financial holding company on an individual or sub - consolidated basis after duly considering the views and reservations expressed by the consolidating supervisor . if , at the end of the four month period , the consolidating supervisor has referred the matter to the european banking authority in accordance with article 11 of regulation … / … [ eba ] , the competent authorities shall await any decision that the european banking authority shall take in accordance with article 11 of that regulation , and shall act in conformity with that decision . the four month period shall be deemed the conciliation period within the meaning of that regulation . the european banking authority shall take its decision within one month . the matter shall not be referred to the authority after the end of the four month period or after a joint decision has been reached . ' ### ' the decision on the application of articles 123 and 124 and article 136 shall be taken by the respective competent authorities responsible for supervision of subsidiaries of an eu parent credit institution or an eu parent financial holding company on an individual or sub - consolidated basis after duly considering the views and reservations expressed by the consolidating supervisor . if , at the end of the four month period , any of the competent authorities concerned has referred the matter to the european banking authority in accordance with article 11 of regulation … / … [ eba ] , the competent authorities shall defer their decision and await any decision that the european banking authority shall take in accordance with article 11 of that regulation to settle the matter in order to ensure compliance with union law , and shall take its final decision in conformity with the authority ' s decision . the authority ' s decision according to the precautionary principle shall not replace the consolidating supervisor ' s additional prudential judgement . the four month period shall be deemed the conciliation period within the meaning of that regulation . the european banking authority shall take its decision within one month . the matter shall not be referred to the authority after the end of the four month period or after a joint decision has been reached . '


### in order to ensure uniform application of this article , the european securities and markets authority may develop draft technical standards to further determine the conditions of application of the requirements for the authorisation of the management company , with the exception of the conditions established in paragraph 1 of this article . ### in order to ensure consistent harmonisation and uniform application of this article , the european securities and markets authority shall develop draft technical standards to : determine the information to be provided to the competent authority in the application for the authorisation of the management company ; develop the information and standard forms , templates and procedures for the notification of the programme of activity foreseen in this article ; and assess the reputation and experience of persons conducting the business of the management company .


### the establishment of the three european supervisory authorities should be accompanied by the development of a single set of harmonised rules so as to ensure uniform application and thus contribute to a more effective functioning of the internal market . the regulations establishing the esfs provide that the european supervisory authorities may develop draft technical standards in the areas specifically set out in the relevant legislation , to be submitted to the commission for adoption by means of regulations or decisions . the relevant legislation should define those areas where the european supervisory authorities are empowered to develop draft technical standards . ### the establishment of the three european supervisory authorities should be accompanied inter alia by the development of a single rule book to ensure consistent harmonisation and uniform application and thus contribute to a more effective functioning of the internal market .


### ' 6 . in order to ensure uniform application of this article , the european securities and markets authority may develop draft technical standards to determine the conditions of application of the implementing measures adopted by the commission regarding the content , format and method by which the information referred to in paragraphs 1 and 3 of this article should be provided . the commission may adopt the draft technical standards referred to in the first subparagraph in accordance with the procedure laid down in article 7 of regulation . . . / . . . . [ esma ] . ' ### ' 6 . in order to ensure uniform application of this article , the european securities and markets authority shall develop draft technical standards to determine the conditions of application of the implementing measures adopted by the commission regarding the content , format and method by which the information referred to in paragraphs 1 and 3 of this article should be provided . the commission may adopt the draft technical standards referred to in the first subparagraph in accordance with the procedure for implementing acts in accordance with article 291 of the treaty on the functioning of the european union . '


### matters subject to technical standards should be genuinely technical , where their development requires the expertise of supervisory experts . the technical standards should determine the conditions of application of the rules included in basic instruments adopted by the european parliament and the council and , where applicable , in commission implementing measures without amending non - essential elements of those acts , inter alia by deleting some of those elements or by supplementing the act by the addition of new non - essential elements . technical standards should not therefore involve policy choices . in cases where the technical standards are designed to determine the conditions of application of a commission implementing measure , they should only be developed once the commission implementing measure has been adopted . in certain cases where at present the commission is empowered to adopt implementing measures in accordance with committee procedures pursuant to council decision 1999 / 468 / ec of 28 june 1999 laying down the procedures for the exercise of implementing powers conferred on the commission , and the content of those implementing measures is limited to determining the conditions of application of rules included in the basic instruments , which do not require further supplementing , it is appropriate for the sake of consistency to introduce the procedure for adoption of technical standards provided for in article 7 of regulations no . … / … [ eba ] , no . … / … [ esma ] , and no . … / … [ eiopa ] . ### matters subject to technical standards should be genuinely technical , where their development requires the expertise of supervisory experts . the technical standards adopted as delegated acts should further develop , specify and determine the conditions for consistent harmonisation and uniform application of the rules included in basic instruments adopted by the european parliament and the council , supplementing or amending certain non - essential elements of the legislative act . on the other hand , technical standards adopted as implementing acts cannot amend any element of legally binding union acts . technical standards should not involve policy choices .


### the financial crisis in 2007 / 2008 exposed important shortcomings in financial supervision , both in particular cases and in relation to the financial system as a whole . national supervisory models have lagged behind the integrated and interconnected reality of european financial markets , in which many financial firms operate across borders and offer financial services to businesses and consumers . the crisis exposed shortcomings in the area of cooperation , coordination , consistent application of community law and trust between national supervisors . ### the financial crisis in 2007 / 2008 exposed important shortcomings in financial supervision , both in particular cases and in relation to the financial system as a whole . nationally - based supervisory models have lagged behind the integrated and interconnected reality of european financial markets , in which many financial firms operate across borders . the crisis exposed shortcomings in the area of cooperation , coordination , consistent application of european union law and trust between national supervisors .


### in order for the european system of financial supervisors to work effectively , changes to community legislation in the field of operation of the three authorities are necessary . these changes concern the definition of the scope of certain powers of the european supervisory authorities , the integration of certain powers in existing processes established in relevant community legislation and amendments to ensure a smooth and effective functioning in the context of the european system of financial supervisors . ### in order for the european system of financial supervisors to work effectively , changes to european union legislation in the field of operation of the three authorities are necessary . these changes concern the definition of the scope of certain powers of the european supervisory authorities , the integration of certain powers established in european union legislation and amendments to ensure a smooth and effective functioning in the context of the european system of financial supervisors .


### in article 64 , the following paragraph 5 is added : ' 5 . in order to ensure uniform application of this article , the european securities and markets authority may develop draft technical standards to determine the conditions of application of the implementing measures adopted by the commission regarding the information and procedure referred to in points and of paragraph 4 . the commission may adopt the draft technical standards referred to in the first subparagraph in accordance with the procedure laid down in article 7 of regulation . . . / . . . . [ esma ] . ' ### the following paragraph 5 is added : ' 5 . in order to ensure uniform application of this article , the european securities and markets authority shall develop draft technical standards to determine the conditions of application of the implementing measures adopted by the commission regarding the format and the manner of the information provided and procedure referred to in points and of paragraph 4 . the commission may adopt the draft technical standards referred to in the first subparagraph in accordance with the procedure for implementing acts in accordance with article 291 of the treaty on the functioning of the european union . '


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


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


### it is appropriate to protect travellers in situations where a retailer arranges the booking of a package or an assisted travel arrangement and where the retailer makes mistakes in the booking process . ### it is appropriate to protect travellers in situations where a retailer who arranges the booking of a package , an assisted travel arrangement or a stand - alone travel service makes mistakes in the booking process .


### member states shall recognise as meeting the requirements of their national rules transposing article 15 any insolvency protection obtained by an organiser or a retailer facilitating the procurement of assisted travel arrangements under the rules of its member state of establishment transposing article 15 . ### member states shall recognise as meeting the requirements of their national rules transposing article 15 any insolvency protection obtained by an organiser , a retailer facilitating the procurement of assisted travel arrangements , or a passenger carrier under the rules of its member state of establishment transposing article 15 .


### the organiser has reserved that right in the contract , ### the organiser presents a valid reason which is specified in the contract ,


### general information on passport and visa requirements , including approximate periods for obtaining visas , for nationals of the member state concerned and information on health formalities ; ### general information on passport and visa requirements , including approximate periods for obtaining visas , for nationals of the member state concerned , and upon request , for the traveller concerned according to his nationality , and information on health formalities ;


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


### this directive shall apply to packages offered for sale or sold by traders to travellers , with the exception of article 17 , and to assisted travel arrangements with the exception of articles 4 to 14 , articles 18 and article 21 . ### this directive shall apply , under the conditions and to the extent set out in its respective provisions , to packages offered for sale or sold by traders to travellers , assisted travel arrangements and stand - alone travel services offered for sale or sold by a retailer other than the owner of the service .


### this directive shall apply to packages offered for sale or sold by traders to travellers , with the exception of article 17 , and to assisted travel arrangements with the exception of articles 4 to 14 , articles 18 and article 21 . ### this directive shall apply , under the conditions and to the extent set out in its respective provisions , to packages offered for sale or sold by traders to travellers , assisted travel arrangements and stand - alone travel services .


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


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


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


### if any of the services are not performed in accordance with the contract , the organiser shall remedy the lack of conformity , unless this is disproportionate . ### if any of the services are not performed in accordance with the contract , the organiser shall remedy the lack of conformity .


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


### the price increase referred to in paragraph 1 shall be valid only if the organiser notifies the traveller of it with a justification and calculation on a durable medium at the latest 20 days prior to the start of the package . ### the price increase referred to in paragraph 1 shall be valid only if the organiser notifies the traveller of it with a justification and calculation on a durable medium at the latest 30 days prior to the start of the package .


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


### member states shall ensure that the organiser is responsible for the performance of the travel services included in the contract , irrespective of whether those services are to be performed by the organiser or by other service providers . ### member states shall ensure that the organiser and the retailer are jointly and severally liable for the performance of the travel services included in the contract , irrespective of whether those services are to be performed by the organiser or by other service providers .


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


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


### it is appropriate to protect travellers in situations where a retailer arranges the booking of a package or an assisted travel arrangement and where the retailer makes mistakes in the booking process . ### it is appropriate to protect travellers in situations where a retailer who arranges the booking of a package , an assisted travel arrangement or a stand - alone travel service makes mistakes in the booking process .


### the central contact points shall make available to each other all necessary information on their national insolvency protection schemes and the identity of the body or bodies providing insolvency protection for a particular trader established in their territory . they shall grant each other access to any inventory listing organisers and retailers facilitating the procurement of assisted travel arrangements which are in compliance with their insolvency protection obligations . ### the central contact points shall make available to each other all necessary information on their national insolvency protection schemes and the identity of the body or bodies providing insolvency protection for a particular trader established in their territory . they shall grant each other access to any inventory listing organisers , retailers facilitating the procurement of assisted travel arrangements and passenger carriers which are in compliance with their insolvency protection obligations .


### member states shall ensure that prices are not subject to revision , unless the contract expressly reserves the possibility of an increase and obliges the organiser to reduce prices to the same extent as a direct consequence of changes : ### member states shall ensure that no price revision occurs , unless the contract expressly reserves the possibility of an increase and obliges the organiser to reduce prices to the same extent as a direct consequence of changes :


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


### irrespective of whether separate contracts are concluded with individual travel service providers , those services are : ### irrespective of whether separate contracts are concluded with individual travel service providers , those services meet any of the following criteria :


### as long as it is impossible to ensure the traveller ' s timely return because of unavoidable and extraordinary circumstances , the organiser shall not bear the cost for the continued stay exceeding eur 100 per night and three nights per traveller . ### as long as it is impossible to ensure the traveller ' s timely return because of unavoidable and extraordinary circumstances , the organiser shall bear the cost for the continued stay of eur 125 per traveller and per night until the traveller ' s return .


### the remaining 5% shall be apportioned among the axes on an annual basis in line with policy priorities . ### the remaining 5 % shall be apportioned among the axes on an annual basis , while respecting the prerogatives of the budgetary authority , in line with policy priorities .


### in line with the europe 2020 strategy , the programme should pursue a coherent approach to promoting employment and combating social exclusion and poverty . its implementation should be rationalised and simplified , notably through a set of common provisions including , inter alia , general objectives , typology of actions , monitoring and evaluation arrangements . the programme should also focus on large projects with clear eu added value in order to reach critical mass and reduce administrative burden for both the beneficiaries and the commission . in addition , greater use should be made of simplified cost options in particular for the implementation of mobility schemes . the programme should be a one - stop shop for microfinance providers , providing financing for micro - credit , capacity building and technical assistance . lastly , the programme should provide for budgetary flexibility through the establishment of a reserve to be allocated on an annual basis in order to respond to policy priorities . ### in line with the europe 2020 strategy , the programme should pursue a coherent approach to promoting employment and combating social exclusion and poverty . its implementation should be rationalised and simplified , notably through a set of common provisions including , inter alia , general objectives , typology of actions , monitoring and evaluation arrangements . the programme should also focus on small , medium - sized and large projects alike with clear eu added value in order , not only to reach critical mass and reduce administrative burden for both the beneficiaries and the commission , but equally to support projects which would not be financed otherwise . in addition , greater use should be made of simplified cost options in particular for the implementation of mobility schemes . the programme should be a one - stop shop for microfinance providers , providing financing for micro - credit , capacity building and technical assistance . lastly , the programme should provide for budgetary flexibility through the establishment of a reserve to be allocated on an annual basis , while respecting the prerogatives of the budgetary authority , in order to respond to policy priorities .


### by way of derogation from paragraph 1 , it shall be permitted to fish with trawls , demersal seines or similar gears provided that : ### by way of derogation from paragraph 1 , it shall be permitted to fish with fixed nets , trawls , demersal seines or similar gears provided that :


### implementing the international dimension of the &#8220 ; europe 2020&#8221 ; strategy by supporting union ' s bilateral , regional and inter - regional cooperation partnership strategies , by promoting policy dialogues and by developing collective approaches and responses to challenges of global concern such as energy security , climate change and environment . this objective shall be measured by the uptake of the &#8220 ; europe 2020&#8221 ; policies and objectives by key partner countries ; ### implementing the international dimension of the &#8220 ; europe 2020&#8221 ; strategy in order to strengthen the complementary relationship between internal and external union policies &#8211 ; especially in the field of innovation , research , and competitiveness &#8211 ; by supporting the union ' s bilateral , regional and inter - regional cooperation partnership strategies , by promoting policy dialogues and by developing collective approaches and responses to challenges of global concern such as energy security , climate change and environment . this objective shall be measured by the uptake of the &#8220 ; europe 2020&#8221 ; policies and objectives by key partner countries ;


### improving market access and developing trade , investment and business opportunities for european companies by means of economic partnerships and by business and legal and taxation regulatory cooperation . this objective shall be measured by the union’s share in foreign trade with key partner countries and by trade and investments flows to partner countries specifically targeted by actions , programmes and measures under this regulation ; ### improving access to third - country markets , boosting trade , eliminating barriers to trade and investment while also counteracting unwarranted protectionist measures and regulatory barriers , not least by promoting international standards , improving the protection of intellectual property rights , and creating a secure climate for investment and new trading opportunities for european companies – in particular small and medium - sized enterprises – on the world stage by means of economic partnerships , business and legal and taxation regulatory cooperation , and support programmes and instruments to promote sme internationalisation ; this objective shall be measured by the union’s share in foreign trade with key partner countries and by trade and investment flows to all partner countries specifically targeted by actions , programmes and measures under this regulation ;


### when setting up the electronic system referred in paragraph 1 , the commission shall ensure that it is interoperable with the eu database for clinical trials on medicinal products for human use set up in accordance with article [ … ] of regulation no [ ref . of future regulation on clinical trials ] . with the exception of the information referred to in article 50 , the information collated and processed in the electronic system shall be accessible only to the member states and to the commission . ### when setting up the electronic system referred in paragraph 1 , the commission shall ensure that it is interoperable with the eu database for clinical trials on medicinal products for human use set up in accordance with article [ … ] of regulation no [ ref . of future regulation on clinical trials ] . the information collated and processed in the electronic system shall be accessible to the member states , to the commission , and the commission shall also ensure that healthcare professionals and patients have access to the electronic system


### after the expiry of 35 days after the validation date referred to in paragraph 4 , unless the member state concerned has notified the sponsor within that period of its refusal based on considerations of public health , patient safety or public policy . ### after the expiry of 60 days after the validation date referred to in paragraph 4 , unless the member state concerned has notified the sponsor within that period of its refusal based on considerations of public health , patient safety or public policy .


### it should be the responsibility of the member states to decide on a case - by - case basis whether or not a product falls within the scope of this regulation . if necessary , the commission may decide , on a case - by - case basis , whether or not a product falls within the definition of an in vitro diagnostic medical device or of an accessory to an in vitro diagnostic medical device . ### it should be the responsibility of the commission to decide on a case - by - case basis whether or not a product falls within the scope of this regulation . if necessary , the commission may decide , on a case - by - case basis , whether or not a product falls within the definition of an in vitro diagnostic medical device or of an accessory to an in vitro diagnostic medical device .


### devices classified as class d in accordance with the rules set out in annex vii , even if manufactured and used within a single health institution , shall comply with the requirements of this regulation . however , the provisions regarding ce marking set out in article 16 and the obligations referred to in articles 21 to 25 shall not apply to those devices . ### devices classified as class d in accordance with the rules set out in annex vii , if manufactured and used within a single health institution , shall be exempt from the requirements of this regulation , with the exception of article 59 and general safety performance requirements set out in annex 1 where the following conditions are met : the recipient patient or patient group ' s specific needs can not be met by an available ce - marked device ; the health institution is accredited to iso standard 15189 quality management system , or any other equivalent recognised standard ; the health institution provides the competent authority referred to in article 26 with a list of such devices , which shall include a justification of their manufacturing , modification or use , in particular , where similar devices have been made available on the market . this information shall be made public . member states shall retain the right to restrict the in - house manufacture and use of any specific type of in - vitro diagnostic device in relation to aspects that are not covered by this regulation , and may also make the manufacture and use of the devices concerned subject to further safety requirements .


### devices classified as class d in accordance with the rules set out in annex vii , even if manufactured and used within a single health institution , shall comply with the requirements of this regulation . however , the provisions regarding ce marking set out in article 16 and the obligations referred to in articles 21 to 25 shall not apply to those devices . ### devices classified as class d in accordance with the rules set out in annex vii , if manufactured and used within a single health institution , shall be exempt from the requirements of this regulation , with the exception of article 59 , where the following conditions are met ; the recipient patient or patient group ' s specific needs can not be met by an available ce - marked device ; the health institution is accredited to en iso standard 15189 quality management system , or any other equivalent recognised standard ; the health institution provides their competent authority referred to in article 26 with a list of such devices , which shall include a justification of their manufacturing or modification , in particular , where similar devices have been made available on the market . this information shall be updated yearly , and shall be made public .


### the joint assessment team shall provide its opinion regarding the assessment report and the draft notification within 21 days of receipt of those documents and the commission shall immediately submit this opinion to the mdcg . within 21 days after receipt of the opinion of the joint assessment team , the mdcg shall issue a recommendation with regard to the draft notification which the relevant national authority shall duly take into consideration for its decision on the designation of the notified body . ### the joint assessment team shall provide its opinion regarding the assessment report and the draft notification within 21 days of receipt of those documents and the commission shall immediately submit this opinion to the mdcg . within 21 days after receipt of the opinion of the joint assessment team , the mdcg shall issue a recommendation with regard to the draft notification . the relevant national authority shall base its decision on the designation of the notified body on this recommendation by the mdcg . in case where its decision differs from that recommendation , the national authority shall provide the mdcg with all necessary justifications .


### with the exception of article 59 , the requirements of this regulation shall not apply to devices classified as class a , b and c , in accordance with the rules set out in annex vii , and manufactured and used only within a single health institution , provided manufacture and use occur solely under the health institution’s single quality management system , and the health institution is compliant with standard en iso 15189 or any other equivalent recognised standard . member states may require that the health institutions submit to the competent authority a list of such devices which have been manufactured and used on their territory and may make the manufacture and use of the devices concerned subject to further safety requirements . ### with the exception of article 59 , the requirements of this regulation shall not apply to laboratory - developed tests manufactured and used only within a single health institution , provided manufacture and use occur solely under the health institution’s single quality management system , and the health institution is accredited to standard en iso 15189 or any other equivalent recognised standard . member states may require that the health institutions submit to the competent authority a list of such devices which have been manufactured and used on their territory and may make the manufacture and use of the devices concerned subject to further safety requirements .


### member states shall provide the commission and the other member states with information on their procedures for the assessment , designation and notification of conformity assessment bodies and for the monitoring of notified bodies , and of any changes thereto . ### member states shall provide the commission and the other member states with all information they request on their procedures for the assessment , designation and notification of conformity assessment bodies and for the monitoring of notified bodies , and of any changes thereto .


### the information collated and processed by the electronic system shall be accessible to the competent authorities of the member states , to the commission and to the notified bodies . ### the information collated and processed by the electronic system shall be accessible to the competent authorities of the member states , to the commission , to the agency , to the notified bodies and healthcare professionals . .


### this regulation shall not affect national laws which require that certain devices may only be supplied on a medical prescription . ### this regulation requires that certain devices may only be supplied on a medical prescription but shall not affect national laws which require that certain other devices may also only be supplied on a medical prescription . direct to consumer advertising of devices classed as prescription only by this regulation shall be illegal . the following devices may only be supplied on a medical prescription : class d devices 2 ) class c devices in the following categories : devices for genetic testing ; companion diagnostics . the commission shall be empowered to adopt delegated acts in accordance with article 85 to decide on other category c tests after consultation with stakeholders .


### ' tour operator ' means an organiser , other than a carrier , within the meaning of article 2 and of directive 90 / 314 / eec ; ### ' tour operator ' means an organiser , other than a carrier , within the meaning of article 2 of directive 90 / 314 / eec ;


### carriers shall set up or have in place a complaint handling mechanism for rights and obligations covered by this regulation . ### carriers and terminal operators shall set up or have in place an accessible complaint handling mechanism for rights and obligations covered by this regulation .


### when carriers , travel agents and tour operators have recourse to paragraphs 1 or 4 , they shall immediately inform the disabled person or person with reduced mobility of the specific reasons therefor . those reasons shall be notified to the disabled person or person with reduced mobility , no later than five working days after that person was informed . in case of refusal according to paragraph 1 , reference shall be made to the applicable health and safety requirements . ### when carriers , travel agents and tour operators have recourse to paragraphs 1 or 4 , they shall immediately inform the disabled person or person with reduced mobility of the specific reasons therefor . on request , those reasons shall be notified to the disabled person or person with reduced mobility in writing , no later than five working days after the request . in case of refusal according to paragraph 1 , reference shall be made to the applicable safety requirements .


### ' carrier ' means a natural or legal person offering transport by passenger services or cruises to the general public ; ### ' carrier ' means a natural or legal person , other than a tour operator , travel agent or ticket vendor , offering transport by passenger services or cruises to the general public ;


### where a passenger service is cancelled or delayed in departure from a port for more than 120 minutes , passengers shall have the right of such re - routing or reimbursement of the ticket price from the carrier . ### where a passenger service is cancelled or delayed in departure from a port for more than 90 minutes , passengers shall have the right of such re - routing or reimbursement of the ticket price from the carrier .


### the carrier or the terminal operator is notified of the person ' s need for such assistance at&#160 ; the&#160 ; latest two&#160 ; working&#160 ; days before the assistance is needed , and ; ### the carrier or the terminal operator is notified of the person ' s need for such assistance at&#160 ; the&#160 ; latest 48 hours before the assistance is needed , unless a shorter period is agreed between the passenger and the carrier , and ;


### on ships certified to carry up to 36 passengers ; ### on ships certified to carry up to 12 passengers ;


### in deciding on the design of new ports and terminals , and as part of major refurbishments , the bodies responsible for those facilities should , where necessary , take into account the needs of disabled persons and persons with reduced mobility . similarly , carriers should , where necessary , take such needs into account when deciding on the design of new and newly refurbished passenger ships in accordance with directive 2009 / 45 / ec of the european parliament and of the council of 6 may 2009 on safety rules and standards for passenger ships and directive 2006 / 87 / ec of the european parliament and of the council of 12 december 2006 laying down technical requirements for inland waterway vessels . ### in deciding on the design of new ports and terminals , and as part of major refurbishments , the bodies responsible for those facilities should , where necessary , take into account the needs of disabled persons and persons with reduced mobility , in particular with regard to accessibility . similarly , carriers should , where necessary , take such needs into account when deciding on the design of new and newly refurbished passenger ships in accordance with directive 2009 / 45 / ec of the european parliament and of the council of 6 may 2009 on safety rules and standards for passenger ships and directive 2006 / 87 / ec of the european parliament and of the council of 12 december 2006 laying down technical requirements for inland waterway vessels .


### passengers should be fully informed of their rights under this regulation , so that they can effectively exercise those rights . rights of passengers should include the receipt of information regarding the passenger service or cruise before and during the journey . all essential information provided to passengers should also be provided in formats accessible to disabled persons and persons with reduced mobility . ### passengers should be fully informed of their rights under this regulation , so that they can effectively exercise those rights . rights of passengers should include the receipt of information regarding the passenger service or cruise before and during the journey . this information should be provided according to a common conceptual model for public transport data and systems in order to allow for the provision of integrated information and ticketing . all essential information provided to passengers should also be provided in formats accessible to disabled persons and persons with reduced mobility , with such accessible formats allowing passengers to access the same information using , for example , text , braille , audio , video and / or electronic formats .


### if a passenger covered by this regulation wants to make a complaint to the carrier , he shall submit it within two months from the date on which the service was performed or when a service should have been performed . within one month of receiving the complaint , the carrier shall give notice to the passenger that his complaint has been substantiated , rejected or is still being considered . the time taken to provide the final reply shall not be longer than three months from the receipt of a complaint . ### if a passenger covered by this regulation wants to make a complaint to the carrier or terminal operator , he shall submit it within two months from the date on which the service was performed or when a service should have been performed . within one month of receiving the complaint , the carrier or terminal operator shall give notice to the passenger that his complaint has been substantiated , rejected or is still being considered . the time taken to provide the final reply shall not be longer than two months from the receipt of a complaint .


### member states may not maintain or introduce , in their national law , provisions diverging from those laid down in this directive , including more or less stringent provisions to ensure a different level of consumer protection . ### unless otherwise specified and in accordance with article 169 of the treaty on the functioning of the european union , the measures laid out in the present directive shall not prevent member states from maintaining or introducing measures providing for a higher level of consumer protection .


### the existing community legislation on consumer financial services contains numerous rules on consumer protection . for this reason the provisions of this directive cover contracts relating to financial services only insofar as this is necessary to fill the regulatory gaps . ### whilst the existing community legislation on consumer financial services contains numerous rules on consumer protection , consumers in the field of financial services should profit of the measures provided in the present directive insofar as this is necessary to fill the regulatory gaps . these measures should also apply horizontally where a higher level of consumer protection that the one provided in the special financial national or eu legislation is granted .


### the hlg obtained oral and written input from major european stakeholder groups in the dairy supply chain representing farmers , dairy processors , dairy traders , retailers and consumers . further , the hlg received contributions from invited academic experts , third country representatives , national competition authorities and the commission ' s services . a dairy stakeholder conference was also held on 26 march 2010 allowing a wider range of actors in the supply chain to express their views . the hlg delivered its report on 15 june 2010 , which contained an analysis of the current situation of the dairy sector and number of recommendations . ### the hlg obtained oral and written input from major european stakeholder groups in the dairy supply chain and delivered its report on 15 june 2010 . the report contained an analysis of the current situation of the dairy sector and a number of recommendations which focused on contractual relations , the bargaining power of producers , inter - professional / interbranch organisations , transparency , market measures and futures , marketing standards and origin labelling and innovation and research .


### the hlg noted that the dairy producing and processing sectors are highly differentiated between member states . there is also a highly variable situation between operators and types of operators within individual member states . but concentration of supply is low in many cases with a resulting imbalance in bargaining power in the supply chain between farmers and dairies . this imbalance can lead to unfair commercial practices ; in particular , farmers do not know what price they will receive for their milk when delivering because the price is often fixed much later by dairies on a basis of the obtained added value , which , for non - cooperatives , is often outside of the farmer ' s control . ### the hlg also noted that the dairy producing and processing sectors are highly differentiated between member states . there is thus a highly variable situation between operators and types of operators within individual member states . but concentration of demand is high in most cases while that of supply is low , with a resulting imbalance in bargaining power in the supply chain between producers and processors . this imbalance can lead to unfair commercial practices ; in particular , farmers often do not know what price they will receive for their milk upon delivery as the price is often fixed much later by dairies on a basis of the obtained added value , which , for non - cooperatives , is often outside of the farmer’s control .


### the hlg obtained oral and written input from major european stakeholder groups in the dairy supply chain representing farmers , dairy processors , dairy traders , retailers and consumers . further , the hlg received contributions from invited academic experts , third country representatives , national competition authorities and the commission ' s services . a dairy stakeholder conference was also held on 26 march 2010 allowing a wider range of actors in the supply chain to express their views . the hlg delivered its report on 15 june 2010 , which contained an analysis of the current situation of the dairy sector and number of recommendations . ### the hlg obtained oral and written input from major european stakeholder groups in the dairy supply chain and delivered its report on 15 june 2010 . the report contained an analysis of the current situation of the dairy sector and a number of recommendations which focused on contractual relations , the bargaining power of producers , interprofessional / interbranch organisations , transparency , market measures and futures , marketing standards and origin labelling and innovation and research .


### the hlg noted that the dairy producing and processing sectors are highly differentiated between member states . there is also a highly variable situation between operators and types of operators within individual member states . but concentration of supply is low in many cases with a resulting imbalance in bargaining power in the supply chain between farmers and dairies . this imbalance can lead to unfair commercial practices ; in particular , farmers do not know what price they will receive for their milk when delivering because the price is often fixed much later by dairies on a basis of the obtained added value , which , for non - cooperatives , is often outside of the farmer ' s control . ### the hlg noted that the dairy producing and processing sectors are highly differentiated between member states . there is also a highly variable situation between operators and types of operators within individual member states . but concentration of supply is low in many cases with a resulting imbalance in bargaining power in the supply chain between farmers and dairies . this imbalance can lead to unfair commercial practices ; in particular , farmers often do not know what price they will receive for their milk upon delivery as the price is often fixed much later by dairies on a basis of the obtained added value , which is generally outside farmers’ control , often whether or not they belong to a cooperative .


### in october 2009 , in light of this difficult market situation for milk , a high level expert group on milk was set up with the purpose of discussing mid - term and long - term arrangements for the milk and milk products sector , given the expiry of dairy quotas in 2015 . while respecting the outcome of the health check , the hlg was to work on a regulatory framework to be put in place , to contribute to stabilising the market and producers ' income and enhance its transparency . ### in october 2009 , in response to the alarming situation facing european milk producers , a high level expert group on milk was set up ; its purpose was discussing mid - term and long - term arrangements for the milk and milk products sector designed to cushion the adverse effects of the expiry of dairy quotas and work on a regulatory framework to be put in place , to contribute to stabilising the market and producers’ income and enhance the sector’s transparency .


### in 2007 - 2009 , exceptional developments took place in milk and milk products sector markets . initially , extreme weather conditions in oceania brought about a significant decline in supplies , leading to a rapid and significant increase in prices . yet while world supplies had started their recovery , and prices had started to return to more normal levels , the subsequent financial and economic crisis negatively affected eu dairy producers , aggravating price volatility . initially feed and other input costs including energy increased significantly as a result of higher commodity prices . subsequently , a drop in worldwide , as well as eu , demand , including for milk and milk products , whilst eu production was stable led to a collapse in eu prices , down to the lower safety net level . this sharp decline in dairy commodity prices failed to fully translate into lower dairy prices at consumer levels , generating a widening in the gross margin of the downstream sectors for most milk and milk sector products and countries , and preventing demand for them to adjust to low commodity prices , slowing down price recovery and exacerbating the impact of low prices on milk producers . ### in 2007 - 2009 , developments took place in milk and milk products sector markets . initially , extreme weather conditions in oceania brought about a significant decline in supplies , leading to rapid and significant increase in prices . yet while world supplies had started their recovery , and prices had started to return to more normal levels , the subsequent financial and economic crisis negatively affected eu dairy producers , aggravating price volatility . initially feed and other input costs including energy increased significantly as a result of higher commodity prices . subsequently , a drop in worldwide , as well as eu , demand , including for milk and milk products , whilst eu production was stable led to a collapse in eu prices , down to the lower safety net level . this sharp decline in dairy commodity prices failed to fully translate into lower dairy prices at consumer levels , generating a widening in the gross margin of the downstream sectors for most milk and milk sector products and countries , and preventing demand for them from adjusting to low commodity prices , slowing down price recovery and exacerbating the impact of low prices on milk producers .


### member states shall ensure that payment service providers provide the consumer with a statement of all fees incurred on their payment account at least annually . ### member states shall ensure that payment service providers provide the consumer free of charge with a statement of all fees incurred on their payment account preferably monthly but at least quarterly .


### member states shall ensure that fees , if any , applied by the transferring or the receiving payment service provider to the consumer for any service provided under article 10 , other than those referred to in paragraphs 1 to 3 , shall be appropriate and in line with the actual costs of that payment service provider . ### member states shall ensure that no fees are applied by the transferring or the receiving payment service provider to the consumer for any service provided under article 10 .


### member states shall ensure that fees , if any , applied by the transferring payment service provider to the consumer for the termination of the payment account held with it are determined in accordance with article 45 of directive 2007 / 64 / ec . ### member states shall ensure that no fees are applied by the transferring payment service provider to the consumer for the termination of the payment account held with it . article 45 of directive 2007 / 64 / ec shall be amended accordingly .


### member states shall ensure that before entering into a contract for a payment account with a consumer , payment service providers provide the consumer with a fee information document containing the list of the most representative services referred to in paragraph 5 of article 3 and the corresponding fees for each service . ### member states shall ensure that in an appropriate time prior to entering into a contract for a payment account with a consumer , payment service providers provide and inform the consumer with a fee information document containing the list of the most representative services referred to in paragraph 5 of article 3 and the corresponding fees for each service . in the case of changes , the consumer shall be informed comprehensively .


### member states shall ensure that at least one payment service provider in their territory offers a payment account with basic features to consumers . member states shall ensure that payment accounts with basic features are not only offered by payment service providers that provide the account solely with online banking facilities . ### member states shall in their territory ensure that a payment account with basic features is offered to consumers by all payment service providers offering payment accounts , covering at least the services listed in article 16 , as an integral part of their regular business .


### member states shall ensure that the services indicated in article 16 are offered by payment service providers free of charge or for a reasonable fee . ### member states shall ensure that the services indicated in article 16 are offered by payment service providers free of charge or for a nominal fee .


### member states shall ensure that in their contractual and commercial information , payment service providers use , where relevant , the terms and definitions contained in the list of the most representative payment services referred to in article 3 , paragraph 5 . ### member states shall ensure that in their contractual and commercial information , payment service providers use the terms and definitions contained in the list of the services referred to in article 3 , paragraph 5 .


### member states shall ensure that at least one payment service provider in their territory offers a payment account with basic features to consumers . member states shall ensure that payment accounts with basic features are not only offered by payment service providers that provide the account solely with online banking facilities . ### member states shall ensure that all payment service providers in their territory offer a payment account with basic features to consumers . member states shall ensure that payment accounts with basic features are not only offered by payment service providers that provide the account solely with online banking facilities .


### member states should ensure that at least one payment service provider offers a payment account with basic features to consumers . access should not be overly difficult and should not entail excessive costs for consumers . in this respect , member states should consider factors such as the location of the designated payment service providers in their territory . in order to minimise the risk for consumers to become financially excluded , member states should improve financial education , including at school , and combat over - indebtedness . furthermore , member states should promote initiatives of payment service providers in order to facilitate the combination of providing payment accounts with basic features and financial education . ### member states should ensure that a payment account with basic features is offered to consumers by all payment service providers offering payment accounts , covering at least the services listed in article 16 , as an integral part of their regular business . access should not be overly difficult and should entail only a nominal fee for consumers . in this respect , member states should consider factors such as the location of the designated payment service providers in their territory . in order to minimise the risk for consumers to become financially excluded , member states should improve financial education , including at school , and combat over - indebtedness . furthermore , member states should promote initiatives of payment service providers in order to facilitate the combination of providing payment accounts with basic features and financial education .


### member states shall ensure that when a payment account is offered together with another service or product as part of a package , the payment service provider informs the consumer of whether it is possible to buy the payment account separately and provides separate information regarding the costs and fees associated with each of the products and services offered in the package . ### member states shall ensure that when a payment account is offered together with another service or product as part of a package , the payment service provider informs the consumer in an appropriate time prior to entering into a contract for a payment account that it is possible to buy the payment account separately and provides separate information regarding the costs and fees associated with each of the products and services offered in the package .


### consumers who are legally resident in the union and who do not hold a payment account in a certain member state should be in a position to open and use a payment account with basic features in that member state . in order to ensure the widest possible access to such accounts , consumers should have access to them irrespective of their financial circumstances , such as unemployment or personal bankruptcy , and of their place of residence . moreover , the right to access a payment account with basic features in any member state should be granted in conformity with the requirements set out in directive 2005 / 60 / ec of the european parliament and of the council of 26 october 2005 on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing , in particular with regard to customer due diligence procedures . ### consumers who are legally resident in the union and who do not hold a payment account in a certain member state should be in a position to open and use a payment account with basic features in that member state . in order to ensure the widest possible access to such accounts , consumers should have access to them irrespective of their financial circumstances , such as employment status , level of income , credit history or personal bankruptcy , and of their place of residence . moreover , the right to access a payment account with basic features in any member state should be granted in conformity with the requirements set out in directive 2005 / 60 / ec of the european parliament and of the council of 26 october 2005 on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing , in particular with regard to customer due diligence procedures .


### member states shall ensure that the competent authorities referred to in article 20 , determine a provisional list of at least 20 payment services accounting for at least 80% of the most representative payment services subject to a fee at national level . the list shall contain terms and definitions for each of the services identified . ### member states shall ensure that the competent authorities referred to in article 20 , determine a provisional list of all services that are linked to the payment account subject to a fee at national level . the list shall contain standardised terms and definitions for each of the services identified . to each service only one name shall apply .


### it is appropriate to set dates by when all credit transfers and direct debit transactions should comply with those technical requirements , while leaving the market open for further development and innovation . ### it is appropriate to set deadlines by which all credit transfers and direct debit transactions should comply with those technical requirements , while leaving the market open for further development and innovation . payment service providers and payment service users should be allowed sufficient time to adapt to those technical requirements in order to comply with those deadlines . for national payment transactions the payment service providers should provide their retail customers with the necessary technical services in order to ensure a smooth and secure conversion to the technical requirements laid down in this regulation .


### promoting social inclusion and combating poverty ; ### promoting social inclusion and combating poverty and social disparities ;


### the insurance intermediary or insurance undertaking and its services . when advice is provided , information shall specify whether the advice is provided on an independent basis and whether it is based on a broad or on a more restricted analysis of the market and shall indicate whether the insurance intermediary or insurance undertaking will provide the customer with the on - going assessment of the suitability of the insurance product recommended to the customer ; ### the insurance intermediary or insurance undertaking and its services . when advice is provided , information shall expressly specify whether the advice is provided on an independent basis and whether it is based on a broad or on a more restricted analysis of the market and shall indicate whether the insurance intermediary or insurance undertaking will provide the customer with the contractually guaranteed or non - binding on - going assessment of the suitability of the insurance product recommended to the customer ;


### the commission shall be empowered to adopt delegated acts in accordance with article 20 amending the list set out in annex iii to include other products and equipment that contain fluorinated greenhouse gases with a global warming potential of 150 or more , or that rely on them to work , if it has been established that alternatives to the use of fluorinated greenhouse gases or to the use of specific types of fluorinated greenhouse gases are available , and their use would result in lower overall greenhouse gas emissions and to exclude , where appropriate for a specified period of time , certain categories of products or equipment for which alternative substances which fall below the specified global warming potential limit are not available for technical , economic or safety reasons . ### the commission shall be empowered to adopt delegated acts in accordance with article 20 amending the list set out in annex iii to include other products and equipment that contain fluorinated greenhouse gases with a global warming potential of 150 or more , or that rely on them to work , if it has been established that alternatives to the use of fluorinated greenhouse gases or to the use of specific types of fluorinated greenhouse gases are available , and their use would result in lower overall greenhouse gas emissions . the commission shall also be empowered to exclude , where appropriate for a specified period of time , certain categories of products or equipment for which alternative substances which fall below the specified global warming potential limit are no longer available , or because new scientific or technical evidence on the safety of alternatives has emerged which rules out their use on the basis of the precautionary principle .


### the commission should continuously monitor the effects of reducing the placing on the market of hydrofluorocarbons , including the effect of reduction on the supply for appliances where the use of hydrofluorocarbons would result in lower life - cycle emissions than if an alternative technology was used . the monitoring should also ensure the early detection of health or safety concerns , due to negative impacts on the availability of medicinal products . a comprehensive review should be carried out before 2030 in time to adapt the provisions of this regulation in the light of its implementation and of new developments and to adopt , if appropriate , further reduction measures . ### the commission should continuously monitor the effects of reducing the placing on the market of hydrofluorocarbons , including the effect of reduction on the supply for appliances where the use of hydrofluorocarbons would result in lower life - cycle emissions than if an alternative technology was used . the monitoring should also ensure the early detection of health or safety concerns , due to negative impacts on the availability of medicinal products . a comprehensive review should be carried out after the first five years of implementation in time to adapt the provisions of this regulation in the light of its implementation and of new developments and to adopt , if appropriate , further reduction measures . thereafter , reviews will be carried out every five years .


### the prohibition set out in paragraph 1 shall not apply to equipment for which it has been established in ecodesign requirements adopted under directive 2009 / 125 / ec that due to higher energy efficiency during its operation its lifecycle co2 emissions would be lower than that from equivalent equipment which meets relevant ecodesign requirements and does not contain hydrofluorocarbons . ### the prohibition set out in paragraph 1 shall not apply to blast chillers and blast freezers and to equipment for which it has been established in ecodesign requirements adopted under directive 2009 / 125 / ec that due to higher energy efficiency during its operation its lifecycle co2 emissions would be lower than that from equivalent equipment which meets relevant ecodesign requirements and does not contain hydrofluorocarbons .


### by 31 march 2014 and every year after that , each producer , importer and exporter that produced , imported or exported more than one metric tonne or 1 000 tonnes of co2 equivalent of fluorinated greenhouse gases and gases listed in annex ii during the preceding calendar year shall report to the commission the data specified in annex vii on each of those substances for that calendar year . ### by 31 march 2014 and every year after that , each producer , importer and exporter that produced , imported or exported more than 10 tonnes of co2 equivalent of fluorinated greenhouse gases and gases listed in annex ii during the preceding calendar year shall report to the commission the data specified in annex vii on each of those substances for that calendar year .


### additional bans on the placing on the market of new equipment for refrigeration , air - conditioning and fire protection that operate using specific fluorinated greenhouse gases should be introduced where suitable alternatives to the use of those substances are available . in the light of future technical developments and the availability of cost - efficient alternatives to the use of fluorinated greenhouse gases , the commission should be empowered to include other products and equipment or to exclude , also temporarily , certain categories of products or equipment for which alternative substances which fall below the specified global warming potential limit are not available for technical or economic reasons , including insufficient supply of alternative substances on the market to meet the demand , or due to applicable safety standards excluding the use of relevant alternatives . ### additional bans on the placing on the market of new equipment for refrigeration , air - conditioning and fire protection that operate using specific fluorinated greenhouse gases should be introduced where suitable alternatives to the use of those substances are available . in the light of future technical developments and the availability of cost - efficient alternatives to the use of fluorinated greenhouse gases , the commission should be empowered to include other products and equipment . the commission should also be empowered to exclude , also temporarily , certain categories of products or equipment for which alternative substances which fall below the specified global warming potential limit are no longer available for technical or economic reasons , including insufficient supply of alternative substances on the market to meet the demand , or because new scientific or technical evidence on the safety of alternatives has emerged which rules out their use on the basis of the precautionary principle .


### the commission shall be empowered to adopt delegated acts in accordance with article 20 specifying requirements for the leakage checks to be carried out in accordance with paragraph 1 of this article for each type of equipment referred to in that paragraph , identifying those parts of the equipment most likely to leak , and amending the list of equipment in paragraph 1 of this article to include other types of equipment in the light of market trends and technological progress . ### the commission shall be empowered to adopt delegated acts in accordance with article 20 specifying requirements for the leakage checks to be carried out in accordance with paragraph 1 of this article for each type of equipment referred to in that paragraph , identifying those parts of the equipment most likely to leak , and amending the list of equipment in paragraph 1 of this article to include other types of equipment in the light of market trends and technological progress . the specific requirements for the leakage checks shall be adopted by [ 1 january 2015 ] .


### given that there are suitable alternatives , the current ban on using sulphur hexafluoride in magnesium die - casting and the recycling of magnesium die - casting alloys should be extended to facilities that use less than 850 kg per year . similarly , with an appropriate transitional period , the use of refrigerants with very high global warming potential to service or maintain refrigeration equipment with a large size equivalent of 5 tonnes of co2 or more should be banned . ### given that there are suitable alternatives , the current ban on using sulphur hexafluoride in magnesium die - casting and the recycling of magnesium die - casting alloys should be extended to facilities that use less than 850 kg per year . similarly , with an appropriate transitional period , the use of refrigerants with global warming potential of more than 2500 to service or maintain refrigeration equipment designed for an operating temperature of - 50°c or above and with a large size equivalent of 50 tonnes of co2 or more should be banned . the ban shall not apply until 1 january 2030 to recovered , reclaimed or recycled fluorinated greenhouse gases with a gwp of 2500 or more used for the maintenance or servicing of existing refrigeration equipment provided they have been recovered from such equipment .


### refrigerated trucks and refrigerated trailers . ### refrigeration equipment on refrigerated trains , trucks , vans , trailers and containers .


### given that there are suitable alternatives , the current ban on using sulphur hexafluoride in magnesium die - casting and the recycling of magnesium die - casting alloys should be extended to facilities that use less than 850 kg per year . similarly , with an appropriate transitional period , the use of refrigerants with very high global warming potential to service or maintain refrigeration equipment with a charge size equivalent to 5 tonnes of co2 or more should be banned . ### given that there are suitable alternatives , the current ban on using sulphur hexafluoride in magnesium die - casting and the recycling of magnesium die - casting alloys should be extended to facilities that use less than 850 kg per year . similarly , with an appropriate transitional period , the use of refrigerants with global warming potential of more than 2 500 to service or maintain refrigeration equipment with a charge size equivalent to 50 tonnes of co2 or more should be banned .


### in the electronic registry shall be registered on request ### the following shall be registered in the electronic registry :


### the power to adopt delegated acts referred to in articles 3 , 7 , 8 , 9 , 10 , 13 , 14 , 17 , 18 and 19 and shall be conferred on the commission for an indeterminate period of time from [ dd / mm / yyyy ] [ insert date of entry into force of this regulation ] . ### the power to adopt delegated acts referred to in articles 3 , 7 , 8 , 9 , 10 , 13 , 14 , 17 , 18 and 19 and shall be conferred on the commission for a period of five years from [ dd / mm / yyyy ] [ insert date of entry into force of this regulation ] . the commission shall draw up a report concerning the delegation of powers no later than nine months before the end of the five - year period . the delegation of power shall be tacitly extended for periods of identical duration unless the european parliament or council opposes such an extension not later than 3 months before the end of each period .


### additional bans on the placing on the market of new equipment for refrigeration , air - conditioning and fire protection that operate using specific fluorinated greenhouse gases should be introduced where suitable alternatives to the use of those substances are available . in the light of future technical developments and the availability of cost - efficient alternatives to the use of fluorinated greenhouse gases , the commission should be empowered to include other products and equipment or to exclude , also temporarily , certain categories of products or equipment for which alternative substances which fall below the specified global warming potential limit are not available for technical or economic reasons , including insufficient supply of alternative substances on the market to meet the demand , or due to applicable safety standards excluding the use of relevant alternatives . ### additional bans on the placing on the market of new equipment for refrigeration , air - conditioning , foams , aerosols and fire protection that operate using specific fluorinated greenhouse gases should be introduced where suitable alternatives to the use of those substances are available to send clear market signals to invest in production facilities to achieve economies of scale while also encouraging innovation . in the light of future technical developments and the availability of cost - efficient alternatives to the use of fluorinated greenhouse gases , the commission should be empowered to include other products and equipment or to exclude , also temporarily , certain categories of products or equipment for which alternative substances which fall below the specified global warming potential limit are not available for technical or economic reasons , including insufficient supply of alternative substances on the market to meet the demand , or due to applicable safety standards excluding the use of relevant alternatives .


### it shall not apply to producers or importers of less than 1 000 tonnes of co2 equivalent of hydrofluorocarbons per year . ### it shall not apply to producers or importers of less than 10 tonnes of co2 equivalent of hydrofluorocarbons per year .


### the total production of each substance in the union , identifying the main categories of application in which the substance is used ; ### the total quantity of each substance it has produced in the union , identifying the main categories of application in which the substance is used ;


### additional bans on the placing on the market of new equipment for refrigeration , air - conditioning and fire protection that operate using specific fluorinated greenhouse gases should be introduced where suitable alternatives to the use of those substances are available . in the light of future technical developments and the availability of cost - efficient alternatives to the use of fluorinated greenhouse gases , the commission should be empowered to include other products and equipment or to exclude , also temporarily , certain categories of products or equipment for which alternative substances which fall below the specified global warming potential limit are not available for technical or economic reasons , including insufficient supply of alternative substances on the market to meet the demand , or due to applicable safety standards excluding the use of relevant alternatives . ### additional bans on the placing on the market of new equipment for refrigeration , air - conditioning , foams , aerosols , solvents and fire protection that operate using specific fluorinated greenhouse gases should be introduced where suitable alternatives to the use of those substances are available to send clear market signals to invest in production facilities to achieve economies of scale while also encouraging innovation . in the light of the availability of replacement technologies today and future technical developments and the availability of cost - efficient alternatives to the use of fluorinated greenhouse gases , the commission should be empowered to include other products and equipment or to exclude , also temporarily , certain categories of products or equipment for which alternative substances which fall below the specified global warming potential limit are not available for technical or economic reasons , including insufficient supply of alternative substances on the market to meet the demand , or due to applicable safety standards excluding the use of relevant alternatives .