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


### home providers shall ensure that their roaming customers , both before and after the conclusion of a contract , are kept adequately informed of the charges which apply to their use of regulated data roaming services , in ways which facilitate customers ' understanding of the financial consequences of such use and permit them to monitor and control their expenditure on regulated data roaming services in accordance with paragraphs 2 and 3 . the safeguard mechanisms referred to in paragraph 3 shall not apply to pre - paid customers . ### home providers shall ensure that their roaming customers , both before and after the conclusion of a contract , are kept adequately informed of the charges which apply to their use of regulated data roaming services , in ways which facilitate customers ' understanding of the financial consequences of such use and permit them to monitor and control their expenditure on regulated data roaming services in accordance with paragraphs 2 and 3 . pricing information shall be expressed in gigabytes . the safeguard mechanisms referred to in paragraph 3 shall not apply to pre - paid customers .


### the average wholesale charge that the operator of a visited network may levy from the customer ' s home provider for the provision of a regulated roaming call originating on that visited network , inclusive inter alia of origination , transit and termination costs , shall not exceed eur 0 , 14 per minute as of 1 july 2012 . ### the average wholesale charge that the operator of a visited network may levy from the customer ' s home provider for the provision of a regulated roaming call originating on that visited network , inclusive inter alia of origination , transit and termination costs , shall not exceed eur 0 , 10 per minute as of 1 july 2012 .


### to alert a roaming customer to the fact that he will be subject to roaming charges when making or receiving a call or when sending an sms message , each home provider shall , except when the customer has notified his home provider that he does not require this service , provide the customer , automatically by means of a message service , without undue delay and free of charge , when he enters a member state other than that of his home network , with basic personalised pricing information on the roaming charges that apply to the making and receiving of calls and to the sending of sms messages by that customer in the visited member state . ### to alert a roaming customer to the fact that he will be subject to roaming charges when making or receiving a call or when sending an sms message , each home provider shall , except when the customer is at least 18 years old and has notified his home provider that he does not require this service , provide the customer , automatically by means of a message service , without undue delay and free of charge , when he enters a country other than that of his home network , with basic personalised pricing information on the roaming charges that apply to the making and receiving of calls and to the sending of sms messages by that customer in the visited country .


### to alert a roaming customer to the fact that he will be subject to roaming charges when making or receiving a call or when sending an sms message , each home provider shall , except when the customer has notified his home provider that he does not require this service , provide the customer , automatically by means of a message service , without undue delay and free of charge , when he enters a member state other than that of his home network , with basic personalised pricing information on the roaming charges that apply to the making and receiving of calls and to the sending of sms messages by that customer in the visited member state . ### to alert a roaming customer to the fact that he will be subject to roaming charges when making or receiving a call or when sending an sms message , each home provider shall , except when the customer has notified his home provider that he does not require this service , provide the customer , automatically by means of a message service , without undue delay and free of charge , when he enters a country other than that of his home network , with basic personalised pricing information on the roaming charges that apply to the making and receiving of calls and to the sending of sms messages by that customer in the visited country .


### an automatic message from the home provider shall inform the roaming customer that he is roaming and provide basic personalised tariff information on the charges applicable to the provision of regulated data roaming services to that roaming customer in the member state concerned , except where the customer has notified his home provider that he does not require this information . ### an automatic message from the home provider shall inform the roaming customer that he is roaming and provide basic personalised tariff information on the charges applicable to the provision of data roaming services to that roaming customer in the country concerned , except where the customer has notified his home provider that he does not require this information .


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


### any switch to or from an alternative roaming provider shall be free of charge and shall not entail conditions or restrictions pertaining to elements of the subscription other than roaming , and shall be carried out within five working days , save that where a roaming customer who has subscribed to a domestic package which includes roaming prices other than the eurotariff , euro - sms tariff or euro - data tariff , the home provider may delay the switch from the old to the new subscription concerning roaming services for a specified period not exceeding three months . ### any switch to or from an alternative roaming provider or between alternative roaming providers shall be free of charge and shall not entail conditions or restrictions pertaining to elements of the subscription other than roaming , and shall be carried out within three working days , save that where a roaming customer who has subscribed to a domestic package which includes roaming prices other than the eurotariff , euro - sms tariff or euro - data tariff , the home provider may delay the switch from the old to the new subscription concerning roaming services for a specified period not exceeding two months .


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


### consumers should have the right to opt for the separate sale of roaming services from their domestic mobile package . basic principles should be laid down with regard to the provision of a separate sale of roaming services which should be introduced in a coordinated manner across the union . consumers should be able to choose a different provider for roaming services without changing their number , and in a manner which ensures interoperability of services , with roaming services being provided anywhere in the union and with the same level of quality . ### consumers should have the right to opt for the separate sale of roaming services from their domestic mobile package . basic principles should be laid down with regard to the provision of a separate sale of roaming services which should be introduced in a coordinated manner across the union . consumers should be able to choose a different provider for roaming services without changing their number , in a manner which ensures interoperability of services and within a short period of time , with roaming services being provided anywhere in the union and with the same level of quality .


### this regulation also lays down rules aimed at increasing price transparency and improving the provision of information on charges to users of union - wide roaming services . ### this regulation also lays down rules aimed at increasing price transparency and improving the provision of information on charges to users of union - wide roaming services both within and outside the union .


### the commission shall review the functioning of this regulation and , after a public consultation , shall report to the european parliament and the council no later than 30&#160 ; june&#160 ; 2015 . the commission shall evaluate in particular whether the objectives of this regulation have been achieved . in so doing , the commission shall review , inter alia : ### in order to bring about the necessary changes for a single market in mobile phone communications , as provided in article 4a , the commission , after consultation with berec and other relevant stakeholders , shall present a new legislative proposal to the european parliament and the council by 1&#160 ; january 2013 , which shall also include a proposal to update the wholesale caps for the period between 1&#160 ; july 2016 and 30&#160 ; june 2020 taking into account the developments in wholesale charges for the provision of voice , sms and data communication services . that proposal shall also include a proposal to create european operators and licences covering the whole union ;


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


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


### in addition to paragraph 1 , customers shall have the right to request and receive , free of charge , and irrespective of their location within the union , more detailed personalised pricing information on the roaming charges that apply in the visited network to voice calls , sms , mms and other data communication services , and information on the transparency measures applicable by virtue of this regulation , by means of a mobile voice call or by sms . such a request shall be to a free - of - charge number designated for this purpose by the home provider . obligations provided for in paragraph 1 shall not apply to machine to machine type of devices that use mobile communication . ### in addition to paragraph 1 , customers shall have the right to request and receive , free of charge , and irrespective of their location , more detailed personalised pricing information on the roaming charges that apply in the visited network to voice calls , sms , mms and other data communication services , and information on the transparency measures applicable by virtue of this regulation , by means of a mobile voice call or by sms . such a request shall be to a free - of - charge number designated for this purpose by the home provider . obligations provided for in paragraph 1 shall not apply to machine to machine type of devices that use mobile communication .


### home providers shall ensure that their roaming customers , both before and after the conclusion of a contract , are kept adequately informed of the charges which apply to their use of regulated data roaming services , in ways which facilitate customers ' understanding of the financial consequences of such use and permit them to monitor and control their expenditure on regulated data roaming services in accordance with paragraphs 2 and 3 . the safeguard mechanisms referred to in paragraph 3 shall not apply to pre - paid customers . ### home providers shall ensure that their roaming customers , both before and after the conclusion of a contract , are kept adequately informed of the charges which apply to their use of regulated data roaming services , in ways which facilitate customers ' understanding of the financial consequences of such use and permit them to monitor and control their expenditure on regulated data roaming services in accordance with paragraphs 2 and 3 .


### the commission shall review the functioning of this regulation and , after a public consultation , shall report to the european parliament and the council no later than 30&#160 ; june&#160 ; 2015 . the commission shall evaluate in particular whether the objectives of this regulation have been achieved . in so doing , the commission shall review , inter alia : ### in order to bring about the necessary changes for a single market in mobile phone communications , as provided in article 4a , the commission , after consultation with berec and other relevant stakeholders , shall present a new legislative proposal to the european parliament and the council by 1&#160 ; january 2013 , which should also include a proposal to update the wholesale caps for the period between 1&#160 ; july 2016 and 30&#160 ; june 2020 taking into account the developments in wholesale charges for the provision of voice , sms and data communication services ;


### with effect from 1 july 2012 , the retail charge of a euro - data tariff which a home provider may levy from its roaming customer for the provision of a regulated roaming data shall not exceed eur 0 , 90 per megabyte . the price ceiling for data used shall decrease to eur 0 , 70 and eur 0 , 50 , per megabyte used on 1 july 2013 and on 1 july 2014 respectively . without prejudice to articles 13 and 19 , the regulated maximum retail charge shall remain at eur 0 , 50 , per megabyte used until 30 june 2016 . ### with effect from 1 july 2012 , the retail charge of a euro - data tariff which a home provider may levy from its roaming customer for the provision of a regulated roaming data shall not exceed eur 0 , 50 per megabyte . the price ceiling for data used shall decrease to eur 0 , 30 and eur 0 , 20 , per megabyte used on 1 july 2013 and on 1 january 2014 respectively . the regulated maximum retail charge shall remain at eur 0 , 20 , per megabyte used until 30 june 2016 . price differentiation between domestic and roaming calls shall be no longer possible from 1 july 2014 .


### with effect from 1 july 2012 , the retail charge of a euro - data tariff which a home provider may levy from its roaming customer for the provision of a regulated roaming data shall not exceed eur 0 , 90 per megabyte . the price ceiling for data used shall decrease to eur 0 , 70 and eur 0 , 50 , per megabyte used on 1 july 2013 and on 1 july 2014 respectively . without prejudice to articles 13 and 19 , the regulated maximum retail charge shall remain at eur 0 , 50 , per megabyte used until 30 june 2016 . ### with effect from 1 july 2012 , the retail charge of a euro - data tariff which a home provider may levy from its roaming customer for the provision of a regulated roaming data shall not exceed eur 0 , 45 per megabyte . the price ceiling for data used shall decrease to eur 0 , 30 and eur 0 , 20 , per megabyte used on 1 july 2013 and on 1 july 2014 respectively . without prejudice to articles 13 and 19 , the regulated maximum retail charge shall remain at eur 0 , 20 , per megabyte used until 30 june 2016 .


### in order to ensure the development of the single market , implementation of the technical solutions for the facility of separate sale of roaming services shall take place simultaneously across the union . ### in order to ensure the development of the temporary single roaming market , implementation of the technical solutions for the facility of separate sale of roaming services shall take place simultaneously across the union and meet the following criteria : any technical solution must be cost - effective ; it shall be designed in a customer - friendly way ; it shall allow for a maximum degree of interoperability ; it shall allow for a local break - out solution for data usage in a customer - friendly manner ; it shall ensure that the concept of net neutrality is respected for all data use , in particular access to voip and other similar services ; customers shall be able to easily and quickly switch to an alternative roaming provider or between alternative roaming providers while retaining their mobile number ; roaming by union citizens in third countries or by third country citizens in the union shall not be impeded .


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


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


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


### in order to ensure that the damage to or loss of mobility equipment is compensated to its full value , air carriers should offer free of charge to persons with reduced mobility the opportunity to make a special declaration of interest , which pursuant to the montreal convention , allows them to seek full compensation for loss or damage . ### in order to ensure that the damage to or loss of mobility equipment is compensated to its full value , air carriers and airport assistance services shall inform disabled passengers or passengers with reduced mobility at the time of booking and again at check - in of the opportunity to make a special declaration of interest , which pursuant to the montreal convention , allows them to seek full compensation for loss or damage .


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


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


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


### the compensation referred to in paragraph 1 shall be paid in cash , by electronic bank transfer , bank orders or bank cheques . ### the compensation referred to in paragraph 1 shall be paid within two weeks in cash , by electronic bank transfer , credit card refund , bank orders or bank cheques . compensation can also be paid in travel vouchers or other services , with the signed consent of the passenger in a document that clarifies that the choice between the due monetary compensation and any non - monetary alternative rests with the passenger .


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


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


### technical problems which are not inherent in the normal operation of the aircraft , such as the identification of a defect during the flight operation concerned and which prevents the normal continuation of the operation ; or a hidden manufacturing defect revealed by the manufacturer or a competent authority and which impinges on flight safety ; ### technical problems affecting the aircraft which are caused by natural disasters , acts of sabotage or terrorism or meteorological conditions , or a hidden manufacturing defect revealed by the manufacturer or a competent authority or a defect arising during the flight for reasons other than those referred to in point of paragraph 2 where the defect in question impinges on flight safety and prevents the normal continuation of the flight ;


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


### five hours or more after the scheduled time of arrival for all intra - community journeys and for journeys to / from third countries of 3500 kilometres or less ; ### three hours or more after the scheduled time of arrival for all journeys of 2 500 kilometres or less ;


### an operating air carrier shall not be obliged to pay compensation in accordance with article 7 if it can prove that the cancellation is caused by extraordinary circumstances and that the cancellation could not have been avoided even if all reasonable measures had been taken . such extraordinary circumstances can only be invoked insofar they affect the flight concerned or the previous flight operated by the same aircraft . ### an operating air carrier shall not be obliged to pay compensation in accordance with article 7 if it can prove that the cancellation is caused by extraordinary circumstances and that the cancellation could not have been avoided even if all reasonable measures had been taken . such extraordinary circumstances can only be invoked insofar they affect the flight concerned or the flight immediately preceding it operated by the same aircraft . where no proof of the existence of extraordinary circumstances is provided , the compensation provided for in article 7 shall be paid by the air carrier to the passengers .


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


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


### subject to safety constraints , where a tarmac delay exceeds one hour , the operating air carrier shall provide free of charge access to toilet facilities and drinking water , shall ensure adequate heating or cooling of the passenger cabin , and shall ensure that adequate medical attention is available if needed . where a tarmac delay reaches a maximum of five hours , the aircraft shall return to the gate or another suitable disembarkation point where passengers shall be allowed to disembark and to benefit from the same assistance as specified in paragraph 1 , unless there are safety - related or security - related reasons why the aircraft cannot leave its position on the tarmac . ### subject to safety constraints , where a tarmac delay occurs , the operating air carrier shall provide free of charge access to toilet facilities and drinking water , shall ensure adequate heating or cooling of the passenger cabin , and shall ensure that adequate medical attention is available if needed . where a tarmac delay reaches a maximum of two hours , the aircraft shall return to the gate or another suitable disembarkation point where passengers shall be allowed to disembark and to benefit from the same assistance as specified in paragraph 1 , unless there are safety - related or security - related reasons why the aircraft cannot leave its position on the tarmac , or unless take - off is imminent , meaning it is likely to take place within half an hour .


### where passengers choose the option referred to in paragraph 1 , they shall , subject to availability , have the right to re - routing via another air carrier or another mode of transport where the operating air carrier cannot transport the passenger on its own services and in time to arrive at the final destination within 12 hours of the scheduled arrival time . notwithstanding article 22 of regulation no 1008 / 200823 , the other air carrier or other transport operator shall not charge the contracting carrier a price that goes beyond the average price paid by its own passengers for equivalent services in the last three months . __________________ 23 oj l 293 , 31 . 10 . 2008 , p . 3 . ### where passengers choose the option referred to in paragraph 1 , they shall , subject to availability , have the right to re - routing via another air carrier or another mode of transport where the operating air carrier cannot transport the passenger on its own services and in time to arrive at the final destination within 12 hours of the scheduled arrival time . the air carrier shall inform the passenger , within five hours of the scheduled departure time , whether it will transport the passenger on its own services within the time limit . notwithstanding article 22 of regulation no 1008 / 200823 , the other air carrier or other transport operator shall not charge the contracting carrier a price that goes beyond the average price paid by its own passengers for equivalent services in the last three months . __________________ 23 oj l 293 , 31 . 10 . 2008 , p . 3 .


### if a passenger wants to make a complaint to the air carrier with regard to his rights under this regulation , he shall submit it within 3 months from the date on which the flight was performed or was scheduled to be performed . within 7 days of receiving the complaint , the carrier shall confirm the receipt of the complaint to the passenger . within two months of receiving the complaint , the carrier shall provide a full answer to the passenger . ### if a passenger wants to make a complaint to the air carrier with regard to his rights under this regulation , he shall submit it within 6 months from the date on which the flight was performed or was scheduled to be performed . within 7 days of receiving the complaint , the carrier shall confirm the receipt of the complaint to the passenger . within two months of receiving the complaint , the carrier shall provide a full answer to the passenger .


### the national enforcement body shall closely monitor compliance with the requirements of this regulation and take the measures necessary to ensure that the rights of passengers are respected . for this purpose , air carriers and airport managing bodies shall provide the relevant documents to the national enforcement body at its request . in order to carry out its functions , the national enforcement body shall also take account of the information submitted to it by the body designated under article 16a . it may also decide on enforcement actions based on individual complaints transmitted by the body designated under article 16a . ### the national enforcement body shall closely monitor compliance with the requirements of this regulation and take the measures necessary to ensure that the rights of passengers are respected . for this purpose , air carriers and airport managing bodies shall provide the relevant documents to the national enforcement body at its request within one month of its request , without prejudice to the obligations of air carriers under article 14a .


### “extraordinary circumstances” means circumstances which , by their nature or origin , are not inherent in the normal exercise of the activity of the air carrier concerned and are beyond its actual control . for the purposes of this regulation , extraordinary circumstances shall include the circumstances set out in the annex ; ### ' extraordinary circumstances ' means circumstances which , by their nature or origin , are not inherent in the normal exercise of the activity of the air carrier concerned and are beyond its actual control . for the purposes of this regulation , extraordinary circumstances shall include the circumstances set out in the annex . moreover , by means of delegated act in accordance with article 16e , the non - exhaustive list of circumstances considered as extraordinary circumstances resulting from the work of the national enforcement bodies shall be set out in detail .


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


### technical problems which are not inherent in the normal operation of the aircraft , such as the identification of a defect during the flight operation concerned and which prevents the normal continuation of the operation ; or a hidden manufacturing defect revealed by the manufacturer or a competent authority and which impinges on flight safety ; ### technical problems such as the identification of a defect after the aircraft has been released to service and which prevents the safe continuation of the operation ; or a hidden manufacturing defect revealed by the manufacturer or a competent authority and which impinges on flight safety ;


### where a passenger misses a connecting flight as a result of a delay to a preceding connecting flight , the passenger shall have a right to compensation by the community air carrier operating that preceding flight in accordance with article 6 . for these purposes , the delay shall be calculated by reference to the scheduled time of arrival at the final destination . ### where a passenger misses a connecting flight at an airport located in the area in which the treaty on european union applies as a result of a delay or change of at least 90 minutes to the schedule for the feeder flight at the transfer point , the passenger shall have a right to compensation by the community air carrier operating that feeder flight under the conditions laid down in article 7 , and without prejudice to article 5 .


### passengers missing a connecting flight should be properly cared for while waiting for rerouting . in line with the principle of equal treatment , such passengers should be able to claim compensation on a similar basis to passengers whose flights are delayed or cancelled in light of the delay upon reaching the final destination of their journey . ### passengers missing a connecting flight should be properly cared for while waiting for rerouting . in line with the principle of equal treatment and the judgement of the european court of justice in case c - 11 / 11 , such passengers should be able to claim compensation on a similar basis to passengers whose flights are delayed or cancelled in light of the delay upon reaching the final destination of their journey .


### «extraordinary circumstances» means circumstances which , by their nature or origin , are not inherent in the normal exercise of the activity of the air carrier concerned and are beyond its actual control . for the purposes of this regulation , extraordinary circumstances shall include the circumstances set out in the annex ; ### ‘ extraordinary circumstances’ means circumstances which , by their nature or origin , are beyond the actual control of the air carrier concerned and could not have been avoided even all reasonable measures had been taken ;


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


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


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


### technical problems which are not inherent in the normal operation of the aircraft , such as the identification of a defect during the flight operation concerned and which prevents the normal continuation of the operation ; or a hidden manufacturing defect revealed by the manufacturer or a competent authority and which impinges on flight safety ; ### technical problems affecting the aircraft which are caused by a hidden manufacturing defect notified by the manufacturer or a competent safety authority ; all other technical problems shall not be considered as extraordinary circumstances for the purpose of this regulation ;


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


### at the time of reservation , air carriers shall provide information to passengers on their claim and complaint handling processes in relation to the rights set out in this regulation and on the relevant contact addresses , to which passengers can submit claims and complaints , including via electronic means of transmission . the air carrier shall also inform passengers of the body or bodies competent for handling passenger complaints . ### air carriers shall provide information to passengers on their claim and complaint handling processes in relation to the rights set out in this regulation and on the relevant contact addresses , to which passengers can submit claims and complaints , including via electronic means of transmission . the air carrier shall also inform passengers of the body or bodies competent for handling passenger complaints . the information on claim and complaint handling processes will be communicated to passengers , together with their rights under this regulation , in the e - mail message that notifies them of their flight being cancelled or delayed .


### technical problems which are not inherent in the normal operation of the aircraft , such as the identification of a defect during the flight operation concerned and which prevents the normal continuation of the operation ; or a hidden manufacturing defect revealed by the manufacturer or a competent authority and which impinges on flight safety ; ### technical problems , such as the identification of a defect after the aircraft has been released to service and which prevents the safe continuation of the operation ; or a hidden manufacturing defect revealed by the manufacturer or a competent authority and which impinges on flight safety ;


### five hours or more after the scheduled time of arrival for all intra - community journeys and for journeys to / from third countries of 3500 kilometres or less ; ### three hours or more after the scheduled time of arrival for all journeys within the union and for journeys to / from third countries of 3&#160 ; 500 kilometres or less ;


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


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


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


### in accordance with relevant eu and national law , each member state shall designate a national body or bodies responsible for the out - of - court resolution of disputes between air carriers and passengers with regard to the rights covered by this regulation . ### in accordance with relevant eu and national law , each member state shall designate a national body or bodies responsible for the out - of - court resolution of disputes between air carriers and passengers with regard to the rights covered by this regulation . the designated body shall maintain a website , email and postal address and phone line for the public , all of which shall be provided to passengers by national aviation authorities , airport managing bodies and air carriers upon request .


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


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


### whenever passengers are offered , pursuant to paragraph 1 , a total or partial rerouting by another mode of transport , this regulation shall apply to the transport carried out by that other mode of transport as if it were carried out by fixed wing aircraft . ### whenever passengers are offered , pursuant to paragraph 1 , a total or partial rerouting by another mode of transport , this regulation shall apply to the transport carried out by that other mode of transport as if it were carried out by fixed wing aircraft . the air carrier shall continue to be responsible for application of this regulation for the whole of the journey .


### technical problems which are not inherent in the normal operation of the aircraft , such as the identification of a defect during the flight operation concerned and which prevents the normal continuation of the operation ; or a hidden manufacturing defect revealed by the manufacturer or a competent authority and which impinges on flight safety ; ### technical problems which are not inherent in the normal operation of the aircraft , such as the identification of a defect during the flight operation concerned and which prevents the normal continuation of the operation ;


### if a passenger wants to make a complaint to the air carrier with regard to his rights under this regulation , he shall submit it within 3 months from the date on which the flight was performed or was scheduled to be performed . within 7 days of receiving the complaint , the carrier shall confirm the receipt of the complaint to the passenger . within two months of receiving the complaint , the carrier shall provide a full answer to the passenger . ### if a passenger wants to make a complaint to the air carrier with regard to his rights under this regulation , he shall submit it within 3 months from the date on which the flight was performed or was scheduled to be performed . within 7 days of receiving the complaint , the carrier shall confirm the receipt of the complaint to the passenger . within two months of receiving the complaint , the carrier shall provide a full answer to the passenger . where the air carrier claims that extraordinary circumstances caused the cancellation or delay of a flight , the carrier ' s answer must contain relevant evidence .


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


### the commission shall report to the european parliament and the council by 1 january 2017 on the operation and the results of this regulation , in particular with regard to the impact of the compensation for long delays and the limitation of accommodation in extraordinary circumstances of long duration . the commission shall also report on the enhanced protection of air passengers on flights from third countries operated by non - community carriers , in the context of international air transport agreements . the report shall be accompanied , if necessary , by legislative proposals . ### the commission shall report to the european parliament and the council by 1 january 2017 on the operation and the results of this regulation , in particular with regard to the impact of the compensation for long delays and the limitation of accommodation in extraordinary circumstances of long duration . the commission shall also report on the enhanced protection of air passengers on flights from third countries operated by non - community carriers , in the context of international air transport agreements . the commission shall also report on the effectiveness of the measures taken and sanctions imposed by the bodies referred to in article 16 and the possible need for a harmonised approach ; the report shall be accompanied , if necessary , by legislative proposals .


### the compensation referred to in paragraph 1 shall be paid in cash , by electronic bank transfer , bank orders or bank cheques . ### the compensation referred to in paragraph 1 shall be paid within two weeks in cash , by electronic bank transfer , credit card refund , bank orders or bank cheques . compensation can also be paid in travel vouchers or other services , with the signed consent of the passenger in a document that clarifies that the choice between the due monetary compensation and any non - monetary alternative rests with the passenger .


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


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


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


### the national enforcement body shall closely monitor compliance with the requirements of this regulation and take the measures necessary to ensure that the rights of passengers are respected . for this purpose , air carriers and airport managing bodies shall provide the relevant documents to the national enforcement body at its request . in order to carry out its functions , the national enforcement body shall also take account of the information submitted to it by the body designated under article 16a . it may also decide on enforcement actions based on individual complaints transmitted by the body designated under article 16a . ### the national enforcement body shall closely monitor compliance with the requirements of this regulation and take the measures necessary to ensure that the rights of passengers are respected . for this purpose , air carriers and airport managing bodies shall provide the relevant documents to the national enforcement body at its request within one month of its request , without prejudice to the obligations of air carriers under article 14a .


### where a separate price is payable for the related service , and the price is not a lump sum agreed at the time of conclusion of the contract , the service provider must provide the customer with an invoice which explains , in a clear and intelligible way , how the price was calculated . ### where a separate price is payable for the related service , and the price is not a lump sum agreed at the time of conclusion of the contract , the service provider must provide the consumer with an invoice which explains , in a clear and intelligible way , how the price was calculated .


### in the case of non - performance of an obligation by the service provider , the customer has , with the adaptations set out in this article , the same remedies as are provided for the buyer in chapter 11 , namely : ### in the case of failure by the service provider to perform an obligation in accordance with the contract , the consumer has the following remedies :


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


### this regulation establishes a common european sales law . it harmonises the contract laws of the member states not by requiring amendments to the pre - existing national contract law , but by creating within each member state ' s national law a second contract law regime for contracts within its scope . this second regime should be identical throughout the union and exist alongside the pre - existing rules of national contract law . the common european sales law should apply on a voluntary basis , upon an express agreement of the parties , to a cross - border contract . ### this directive provides a minimum set of rules making up the legal framework for certain aspects of the sale of consumer goods and digital content , legal obligations relating to guarantees of conformity and related - services contracts . this directive therefore harmonises the contract law of member states without preventing them from maintaining or introducing stricter national provisions in the areas harmonised by the directive in order to guarantee a high level of consumer protection .


### the purpose of this regulation is to improve the conditions for the establishment and the functioning of the internal market by making available a uniform set of contract law rules as set out in annex i . these rules can be used for cross - border transactions for the sale of goods , for the supply of digital content and for related services where the parties to a contract agree to do so . ### the purpose of this directive is to establish a voluntary , common european law for the internal market by making available a uniform set of contract law rules as set out in annex i , which shall operate alongside national law and may be used , if so desired , instead of national law , solely in the field of contract law concerning cross - border transactions for the sale of goods , for the supply of digital content and for related services where the parties to a contract explicitly agree to do so .


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


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


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


### if the consumer has required the remedying of the lack of conformity by repair or replacement pursuant to paragraph 1 , the consumer may resort to other remedies only if the trader has not completed repair or replacement within a reasonable time , not exceeding 30 days . however , the consumer may withhold performance during that time . ### if the consumer has required the remedying of the lack of conformity by repair or replacement pursuant to paragraph 1 , the consumer may resort to other remedies only if :


### in the case of incorrect installation under a consumer sales contract as referred to in article 101 the consumer ' s remedies are not subject to a right of the service provider to cure . ### in the case of incorrect installation as referred to in article [ . . . ] , the consumer ' s remedies are not subject to a right of the service provider to cure .


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


### ‘ digital content’ means data which are produced and supplied in digital form , whether or not according to the buyer ' s specifications , including video , audio , picture or written digital content , digital games , software and digital content which makes it possible to personalise existing hardware or software ; it excludes : ### ‘ digital content’ means data which are produced and supplied in digital form , whether or not according to the buyer ' s specifications , irrespective of whether the data are accessed through downloading or streaming , from a tangible medium or through any other means , against payment or for non - pecuniary consideration , such as making the consumer’s personal data available , including video , audio , picture or written digital content , digital games , software and digital content which makes it possible to personalise existing hardware or software ; it excludes :


### where , in a consumer sales contract , the trader is required to remedy a lack of conformity pursuant to article 110 the consumer may choose between repair and replacement unless the option chosen would be unlawful or impossible or , compared to the other option available , would impose costs on the seller that would be disproportionate taking into account : ### if the good or the digital content is not in conformity with the contract , the consumer may require remedy free of charge by choosing between repair and replacement unless the option chosen would be unlawful or impossible or , compared to the other option available , would impose costs on the seller that would be disproportionate taking into account :


### in a consumer sales contract , any agreement derogating from the requirements of articles 100 , 102 and 103 to the detriment of the consumer is valid only if , at the time of the conclusion of the contract , the consumer knew of the specific condition of the goods or the digital content and accepted the goods or the digital content as being in conformity with the contract when concluding it . ### any agreement derogating from the requirements of articles [ . . . ] to the detriment of the consumer is valid only if , at the time of the conclusion of the contract , the consumer knew of the specific condition of the goods or the digital content and explicitly accepted the goods or the digital content as being in conformity with the contract when concluding it .


### in a consumer sales contract , any lack of conformity which becomes apparent within six months of the time when risk passes to the buyer is presumed to have existed at that time unless this is incompatible with the nature of the goods or digital content or with the nature of the lack of conformity . ### in a consumer sales contract or a contract for the supply of digital content , any lack of conformity which becomes apparent within one year of the time when risk passes to the consumer is presumed to have existed at that time unless this is incompatible with the nature of the goods or digital content or with the nature of the lack of conformity .


### without prejudice to paragraph 3 , the customer ' s remedies are subject to a right of the service provider to cure whether or not the customer is a consumer . ### without prejudice to paragraph 3 , the consumer ' s remedies are subject to a right of the service provider to cure pursuant to article [ . . . ] .


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


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


### in the case of non - performance of an obligation by the service provider , the customer has , with the adaptations set out in this article , the same remedies as are provided for the buyer in chapter 11 , namely : ### in the case of failure by the service provider to perform an obligation in accordance with the contract , the consumer has the following remedies :


### in the event that a global measure will not apply from 2020 , that report shall consider the appropriate scope for coverage of emissions from activity to and from countries outside the eea from 2020 onwards in the continued absence of such a global measure . in its report , the commission shall also consider solutions to other issues that may arise in the application of paragraphs 1 to 4 , while preserving equal treatment for all operators on the same route . ### in the event that a global measure will not apply from 2020 , that report shall consider the appropriate scope for coverage of emissions from activity to and from countries outside the eea from 2016 onwards in the continued absence of such a global measure . in its report , the commission shall also consider solutions to other issues that may arise in the application of paragraphs 1 to 4 , while preserving equal treatment for all operators on the same route .


### by way of derogation from article 12 and article 14 , for flights to and from countries outside the eea , an aircraft operator may choose not to report emission data using the percentages in annex iic , in order that such emissions shall be calculated by the competent authority . this calculation shall take into account figures from the small emitters tool approved by the commission and populated by eurocontrol with data from its ets support facility . the competent authority shall report all such calculations to the commission . calculations of emissions made in these circumstances shall be considered to be the verified emissions of the aircraft operator for the purposes of articles 11a , 12 , 14 and 28a . ### by way of derogation from article 12 and article 14 , for flights to and from countries outside the eea and flights to and from an aerodrome located in one of the outermost regions referred to in the treaty , an aircraft operator may choose not to report emission data using the percentages in annex iic , in order that such emissions shall be calculated by the competent authority . this calculation shall take into account figures from the small emitters tool approved by the commission and populated by eurocontrol with data from its ets support facility . the competent authority shall report all such calculations to the commission . calculations of emissions made in these circumstances shall be considered to be the verified emissions of the aircraft operator for the purposes of articles 11a , 12 , 14 and 28a .


### emissions from flights to and from countries outside the european economic area in each calendar year between 2014 and 2020 where the operator of such flights has surrendered allowances in respect of the percentages of their verified emissions from those flights listed in accordance with annex iic , or calculated in accordance with paragraph 6 ; ### emissions from flights to and from countries outside the european economic area in each calendar year between 2014 and 2016 where the operator of such flights has surrendered allowances in respect of the percentages of their verified emissions from those flights listed in accordance with annex iic , or calculated in accordance with paragraph 6 ;


### by way of derogation from article 12 and article 14 , for flights to and from countries outside the eea , an aircraft operator may choose not to report emission data using the percentages in annex iic , in order that such emissions shall be calculated by the competent authority . this calculation shall take into account figures from the small emitters tool approved by the commission and populated by eurocontrol with data from its ets support facility . the competent authority shall report all such calculations to the commission . calculations of emissions made in these circumstances shall be considered to be the verified emissions of the aircraft operator for the purposes of articles 11a , 12 , 14 and 28a . ### by way of derogation from article 12 and article 14 , for flights to and from countries outside the eea , an aircraft operator may choose not to report emission data using the percentages in annex iic , in order that such emissions shall be calculated by the competent authority . this calculation shall take into account figures from the small emitters tool approved by the commission and populated by eurocontrol with data from its ets support facility . the competent authority shall report all such calculations to the commission . the operator shall be informed of and shall give their consent to the result of the calculations made by the competent authority , and the calculations of emissions made in these circumstances shall be considered to be the verified emissions of the aircraft operator for the purposes of articles 11a , 12 , 14 and 28a .


### a single market involves a trading system at the external borders of the union . that trading system should include import duties and export refunds and should , in principle , stabilise the union market . the trading system should be based on the undertakings accepted under the uruguay round of multilateral trade negotiations and in bilateral agreements . ### a single market involves a trading system at the external borders of the union . that trading system should include import duties and should continue to include , for a limited period , export refunds and should , in principle , stabilise the union market . the trading system should be based on the undertakings accepted under the uruguay round of multilateral trade negotiations and in bilateral agreements , and take into account the union ' s development objectives and commitments towards developing countries as well as the commitment of the 2005 wto ministerial declaration of eliminating all forms of export subsidies until 2013 .


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


### the revised annex vi to marpol introduces , inter alia , stricter sulphur limits for marine fuel in secas as well as in sea areas outside secas . most member states are obliged to require ships to use fuel with maximum 1 . 00% sulphur content in secas as of 1 july 2010 based on their international commitments . in order to ensure coherence with international law as well as to secure proper enforcement of new globally established sulphur standards in the union , the provisions of directive 1999 / 32 / ec should be aligned with the revised annex vi to marpol . in order to ensure a minimum quality of fuel used by ships either for fuel or technology based compliance , marine fuel the sulphur content of which exceeds the general standard of 3 . 5 % by mass should not be allowed for use or placing on the market in the union . ### the revised annex vi to marpol introduces , inter alia , stricter sulphur limits for marine fuel in secas as well as in sea areas outside secas . most member states are obliged to require ships to use fuel with maximum 1 . 00 % sulphur content in secas as of 1 july 2010 based on their international commitments . in order to ensure coherence with international law and a global level playing field , as well as to secure proper enforcement of new globally established sulphur standards in the union , the provisions of directive 1999 / 32 / ec should be aligned with the revised annex vi to marpol . because of the need to ensure that all member states have effective and equal access to the internal and international market it is vital to respect the challenges some industries will be confronted with when different sulphur emission levels are introduced in the union . also , it is important to monitor the situation closely and to create solutions which would achieve a minimum level playing field . in order to ensure a minimum quality of fuel used by ships either for fuel or technology based compliance , marine fuel the sulphur content of which exceeds the general standard of 3 . 5 % by mass should not be allowed for use or placing on the market in the union .


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


### in order to determine the date of the application of 0 . 50% sulphur limit , to designate new secas , to approve new alternative abatement methods and to establish the appropriate conditions for their use , to ensure appropriate monitoring of sulphur content of fuels and the harmonized content and the format of member states ' reports and to adapt the provisions of the directive to scientific and technical progress , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission in respect of specification of the date from which the maximum sulphur content of fuel of 0 . 50% by mass should apply in the union , designation of new secas on the basis of the decision of the imo , approval of new emission abatement methods not covered by council directive 96 / 98 / ec15 and establishment , supplementation or amendment of conditions for their use , the specification of the means of sampling and emission monitoring and the content and the format of the report and the amendment of article 2 , points 1 , 2 , 3 , 3a , 3b and 4 or article 6 paragraph 1 and 2 in the light of scientific and technical progress and , where relevant , the instruments of the imo . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level . the commission , when preparing and drawing up delegated acts , should ensure a simultaneous , timely and appropriate transmission of relevant documents to the european parliament and to the council . ### in order to determine the date of the application of 0 . 50% sulphur limit , to designate new secas , to approve new alternative abatement methods and to establish the appropriate conditions for their use , to ensure appropriate monitoring of sulphur content of fuels and the harmonized content and the format of member states ' reports and to adapt the provisions of the directive to scientific and technical progress , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission in respect of specification of the date from which the maximum sulphur content of fuel of 0 . 50% by mass should apply in the union , approval of new emission abatement methods not covered by council directive 96 / 98 / ec15 and establishment , supplementation or amendment of conditions for their use , the specification of the means of sampling and emission monitoring and the content and the format of the report and the amendment of article 2 , points 1 , 2 , 3 , 3a , 3b and 4 or article 6 paragraph 1 and 2 in the light of scientific and technical progress and , where relevant , the instruments of the imo . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level . the commission , when preparing and drawing up delegated acts , should ensure a simultaneous , timely and appropriate transmission of relevant documents to the european parliament and to the council .


### access to emission abatement methods should be facilitated . those methods can provide emission reductions at least equivalent to , or even greater than , those achievable using low sulphur fuel , provided that they have no significant negative impacts on the environment , such as marine ecosystems , and that they are developed subject to appropriate approval and control mechanisms . the criteria for use of emission abatement methods should be established either by the imo , subject to supplementation or amendment by the commission decision or , in the absence of the imo instruments , by the european commission . the already known alternative methods , such as the use of on - board exhaust gas cleaning systems or the mixture of fuel and liquefied natural gas should be recognised in the union . it is important to promote testing and development of new emission abatement methods . ### access to emission abatement methods should be facilitated . those methods can provide emission reductions at least equivalent to , or even greater than , those achievable using low sulphur fuel , provided that they have no significant negative impacts on the environment , such as marine ecosystems or co2 emissions , and that they are developed subject to appropriate approval and control mechanisms . the criteria for use of emission abatement methods should be established either by the imo , subject to supplementation or amendment by the commission decision or , in the absence of the imo instruments , by the european commission . the already known alternative methods , such as the use of on - board exhaust gas cleaning systems or the mixture of fuel and liquefied natural gas should be recognised in the union . it is important to promote testing and development of new emission abatement methods .


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


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


### member states may reduce the time limits set out in the first subparagraph to three years in case of the maintenance of an investment or jobs created by smes . ### member states may reduce the time limits set out in the first subparagraph to three years in case of the maintenance of an investment by smes .


### however , in cases where the irregularities in operations which have been subject to a declaration of partial closure are detected by controls carried out by the member state , article 98 and shall apply . the statement of expenditure referred to in point of paragraph 2 of this article shall be adjusted accordingly . ### however , in cases where the irregularities in operations which have been subject to a declaration of partial closure are detected by the member state , article 98 and shall apply . the statement of expenditure referred to in point of paragraph 2 of this article shall be adjusted accordingly .


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