### the observance of high health , environmental and animal welfare standards in the production of organic products is intrinsic to the high quality of those products . as underlined in the communication from the commission to the european parliament and to the council , the european economic and social committee and the committee of the regions on agricultural product quality policy11 , organic production forms part of the union ' s agricultural product quality schemes together with geographical indications , traditional specialties guaranteed and products of the outermost regions of the union , as laid down in regulation no 1151 / 2012 of the european parliament and of the council12 and regulation no 228 / 2013 of the european parliament and of the council13 , respectively . in this sense , organic production pursues the same objectives within the common agricultural policy which are inherent to all the agricultural product quality schemes of the union . __________________ 11 com 234 final . 12 regulation no 1151 / 2012 of the european parliament and of the council of 21 november 2012 on quality schemes for agricultural products and foodstuffs . 13 regulation no 228 / 2013 of the european parliament and of the council of 13 march 2013 laying down specific measures for agriculture in the outermost regions of the union and repealing council regulation no 247 / 2006 . ### the observance of high health , environmental and animal welfare standards in the production of organic products is intrinsic to the high quality of those products . as underlined in the communication from the commission to the european parliament and to the council , the european economic and social committee and the committee of the regions on agricultural product quality policy , organic production forms part of the union ' s agricultural product quality schemes together with geographical indications , traditional specialties guaranteed and products of mountain regions and of the outermost regions of the union , as laid down in regulation no 1151 / 2012 of the european parliament and of the council and regulation no 228 / 2013 of the european parliament and of the council , respectively . in this sense , organic production pursues the same objectives within the common agricultural policy which are inherent to all the agricultural product quality schemes of the union . __________________ 11 com 234 final . 12 regulation no 1151 / 2012 of the european parliament and of the council of 21 november 2012 on quality schemes for agricultural products and foodstuffs . 13 regulation no 228 / 2013 of the european parliament and of the council of 13 march 2013 laying down specific measures for agriculture in the outermost regions of the union and repealing council regulation no 247 / 2006 .


### in order to ensure the traceability of the imported products intended to be placed on the market within the union as organic , the commission shall be empowered to adopt delegated acts in accordance with article 36 concerning documents , issued in electronic form wherever possible , that are necessary for the purposes of import . ### the traceability of the imported products intended to be placed on the market within the union as organic and their conformity to this regulation must be assured . through this implementing act the commission establishes specific rules for the content of the certificates referred to in paragraph 1 and the procedure to be followed for their establishment and control , in particular concerning the role of the competent authorities , control authorities and control bodies , and the possibility of taking regional differences into account in balancing ecological , climate and local conditions , as well as practical conditions regarding specific production matters . these implementing acts are adopted in accordance with the examination procedure referred to in article 37 .


### to ensure that a wide gene - pool is maintained , the collection of juvenile seaweed in the wild shall take place on a regular basis to supplement indoor culture stock ; ### to ensure that a wide gene - pool is maintained , the collection of seaweed in the wild shall take place on a regular basis to maintain and increase the diversity of indoor culture stock ;


### open air areas for poultry shall be mainly covered with vegetation composed of a diverse range of plants and be provided with protective facilities and permit fowl to have easy access to adequate numbers of drinking troughs . the vegetation on the open - air area must be harvested and removed at regular intervals to reduce the potential for nutrient surpluses . the open air areas shall not extend beyond a radius of 150 m from the nearest pop - hole of the poultry house . however an extension of up to 350 m from the nearest pop - hole of the poultry house is permissible provided that a sufficient number of shelters and drinking troughs are evenly distributed throughout the whole open - air area with at least four shelters per hectare ; ### open air areas for poultry shall be mainly covered with vegetation . the vegetation on the open - air area must be harvested and removed at regular intervals to reduce the potential for nutrient surpluses . the open air areas shall not extend beyond a radius of 150 m from the nearest pop - hole of the poultry house . however an extension of up to 350 m from the nearest pop - hole of the poultry house is permissible provided that a sufficient number of shelters or shrubs / foliage are evenly distributed throughout the whole open - air area with at least four shelters or groves per hectare ;


### for the purposes of this regulation , a product shall be regarded as bearing terms referring to organic production where , in the labelling , advertising material or commercial documents , such a product , its ingredients or feed materials are described in terms suggesting to the purchaser that the product , its ingredients or feed materials have been obtained in accordance with this regulation . in particular , the terms listed in annex iv , their derivatives or diminutives , such as ' bio ' and ' eco ' , alone or combined , may be used throughout the union and in any language listed in that annex for the labelling and advertising of products which comply with this regulation . ### for the purposes of this regulation , a product shall be regarded as bearing terms referring to organic production where , in the labelling , advertising material or commercial documents , such a product , its ingredients or feed materials are described in terms suggesting to the purchaser that the product , its ingredients or feed materials have been obtained in accordance with this regulation . in particular , the terms listed in annex iv or their equivalents in other languages that , while not being official languages of the union , their status is officially recognised by the constitution of a member state ; their derivatives or diminutives , such as ' bio ' and ' eco ' , alone or combined , may be used throughout the union [ and in any language listed in that annex ] for the labelling and advertising of products referred to in article 2 which comply with this regulation .


### in order to allow organic production to continue or recommence in the event of catastrophic circumstances and subject to the principles laid down in chapter ii , the commission shall be empowered to adopt delegated acts in accordance with article 36 providing for the criteria to qualify such situations as catastrophic and laying down specific rules on how to deal with them , on monitoring and on reporting requirements . ### in order to allow organic production to continue or recommence in the event of catastrophic circumstances resulting from an ‘ adverse climatic event’ , an animal pandemic , an ‘ environmental incident’ , a ‘ natural disaster’ or a ‘ catastrophic event’ within the meaning of indents , , , and , respectively , of article 2 of regulation no 1305 / 2013 , and subject to the principles laid down in chapter ii , the commission shall adopt implementing acts establishing specific rules on how to deal with such situations as well as conditions for monitoring the introduction of such rules . those implementing acts shall provide for exceptions , for a limited period , to the production rules set out in this regulation . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 37 . in all cases , the competent authority shall be responsible for granting individual authorisations for exceptions to the production rules .


### for the purposes of this regulation , a product shall be regarded as bearing terms referring to organic production where , in the labelling , advertising material or commercial documents , such a product , its ingredients or feed materials are described in terms suggesting to the purchaser that the product , its ingredients or feed materials have been obtained in accordance with this regulation . in particular , the terms listed in annex iv , their derivatives or diminutives , such as ' bio ' and ' eco ' , alone or combined , may be used throughout the union and in any language listed in that annex for the labelling and advertising of products which comply with this regulation . ### for the purposes of this regulation , a product shall be regarded as bearing terms referring to organic production where , in the labelling , advertising material or commercial documents , such a product , its ingredients or feed materials or any input involved in the organic product chain are described in terms suggesting to the purchaser that the product , its ingredients , feed materials or any input involved in the organic product chain have been obtained in accordance with , or comply with , this regulation . in particular , the terms listed in annex iv or their equivalents in other languages officially recognised in the constitution of the member state , their derivatives or diminutives , such as ' bio ' and ' eco ' , alone or combined , may be used throughout the union for the labelling and advertising of products which comply with this regulation .


### 140 days for male turkeys and roasting geese ; and ### 140 days for male and female turkeys and roasting geese sold whole and


### in order to ensure fair competition among operators , the traceability of the imported products intended to be placed on the market within the union as organic or the transparency of the recognition and supervision procedure for control authorities and control bodies within the context of import of compliant organic products , and in order to ensure the management of the list of third countries recognised for the purpose of equivalence under regulation no 834 / 2007 , the power to adopt certain acts should be delegated to the commission in respect of the documents intended for customs authorities in third countries , in particular an organic export certificate , in electronic form wherever possible , the documents necessary for the purposes of import , also in electronic form wherever possible , the criteria for recognition or withdrawal of the recognition of control authorities and control bodies in the context of import of compliant organic products , and in respect of the information to be sent by third countries recognised under that regulation necessary for the supervision of their recognition and the exercise of that supervision by the commission , including on - the - spot examination . ### does not affect the english version .


### in house stocking rate for mobile houses with a floor area of not more than 150 m2 farm size limits ### 16 with a maximum of 30 kg liveweight / m2 a maximum of 1 flock per poultry house and a maximum of 4 buildings per production unit .


### the rights of seafarers covered by this directive , recognised by the member states in the national legislation implementing directives 2008 / 94 / ec , 2009 / 38 / ec , 2002 / 14 / ec , 98 / 59 / ec and / or 2001 / 23 / ec should be respected . ### the rights of seafarers covered by this directive , recognised by the member states in the national legislation implementing directives 2008 / 94 / ec , 2009 / 38 / ec , 2002 / 14 / ec , 98 / 59 / ec and / or 2001 / 23 / ec should be respected . the transposition of this directive should not justify any regression regarding the situation which already prevails in a member state .


### member states shall bring into force the laws , regulations and administrative provisions necessary to comply with this directive no later than 5 years after the date of entry into force of this directive . the member states shall immediately communicate to the commission the text of those provisions . ### member states shall bring into force the laws , regulations and administrative provisions necessary to comply with this directive no later than two years after the date of entry into force of this directive . the member states shall immediately communicate to the commission the text of those provisions .


### the blue book28 stressed the need for an increase in the number and quality of maritime jobs for european citizens and the importance of improving working conditions on board . __________________ 28 com 575 final of 10 october 2007 . ### this directive is in line with the blue book28 , which stressed the need for an increase in the number and quality of maritime jobs for european citizens and the importance of improving working conditions on board . __________________ 28 com 575 final of 10 october 2007 .


### the present legal situation gives rise to unequal treatment of the same category of workers by different member states , according to whether they apply or not the exemptions and derogations allowed by present legislation . an important number of the member states have made limited use of the exclusions . ### the present legal situation , existing in part as result of the specific nature of the seafaring profession , gives rise to unequal treatment of the same category of workers by different member states , according to whether they apply or not the exemptions and derogations allowed by present legislation . an important number of the member states have made limited use of those exemptions and derogations and eight members states have not made use of them at all and cover seafarers by collective bargaining agreements , which provide a certain level of protection . in addition , the entry into force in august 2013 of the ilo maritime labour convention is a step in the right direction , guaranteeing an international level playing field with regard to some , but not all , employees ' rights . furthermore , exclusions are giving rise to unfair competition among member states which must be brought to an end .


### this directive shall apply to the transfer of a seagoing vessel registered in and / or flying the flag of a member state and constituting an undertaking , business or part of an undertaking or business for the purposes of this directive , even when it is not situated within the territorial scope of the treaty . ### this directive shall apply to the transfer of a seagoing vessel forming part of the transfer of an undertaking , business or part of an undertaking or business within the meaning of paragraph 1 , provided that the part transferred is situated within the territorial scope of the treaty or the undertaking , business or part of an undertaking or business to be transferred remains within the territorial scope of the treaty . this directive shall not apply if the object of the transfer consists exclusively of one or more seagoing vessels .


### article 1 is amended as follows : in paragraph 1 , the following point is added : ‘ ´transfer´ is interpreted in the meaning of directive 2001 / 23 / ec . ’ in article 1 , point is deleted . ### article 1 is amended as follows : in article 1 , point is deleted .


### when the projected collective redundancy concerns members of the crew of a seagoing vessel , the notification shall be made to the competent authority of the state of the flag which the vessel flies . ### when the projected collective redundancy concerns members of the crew of a seagoing vessel , the employer shall notify the competent authority of the state of the flag which the vessel flies .


### article 3 is replaced by the following : ‘ 3 . member states may derogate from this directive through particular provisions applicable to the crews of vessels plying the high seas , provided that such particular provisions guarantee an equivalent level of protection of the right to information and consultation and its effective exercise by the employees concerned . ’ ### article 3 is deleted .


### insofar the existence and / or possibility of introducing exclusions is not justified on objective grounds , they should be suppressed . ### insofar as the existence and / or possibility of introducing exclusions is not justified on objective grounds and gives rise to situations in which seagoing workers are discriminated against , they should be suppressed .


### where a passenger receives separate tickets for a single journey comprising successive railway services operated by one or more railway undertakings , his rights to information , assistance , care and compensation shall be equivalent to those under a through - ticket and cover the whole journey from the departure to the final destination , unless the passenger is explicitly informed otherwise in writing . such information shall in particular state that when the passenger misses a connection , he or she would not be entitled to assistance or compensation based on the total length of the journey . the burden of proof that the information was provided shall lie with the railway undertaking , its agent , tour operator or ticket vendor . ### where a passenger receives separate tickets for a single journey comprising successive railway services operated by one or more railway undertakings , his rights to information , assistance , care and compensation shall be equivalent to those under a through - ticket and cover the whole journey from the departure to the final destination .


### in addition to the obligations on railway undertakings pursuant to article 13a of directive 2012 / 34 / eu , the station manager of a railway station handling at least 10 000 passengers per day on average over a year shall ensure that the operations of the station , the railway undertakings and the infrastructure manager are coordinated through a proper contingency plan in order to prepare for the possibility of major disruption and long delays leading to a considerable number of passengers being stranded in the station . the plan shall ensure that stranded passengers are provided with adequate assistance and information , including in accessible formats in accordance with the accessibility requirements laid down in directive xxx . upon request , the station manager shall make the plan , and any amendments to it , available to the national enforcement body or to any other body designated by a member state . station managers of railway stations handling fewer than 10 000 passengers per day on average over a year shall make all reasonable efforts to coordinate station users and to assist and inform stranded passengers in such situations . ### in addition to the obligations on railway undertakings pursuant to article 13a of directive2012 / 34 / eu , the station manager of a railway station handling at least 5 000 passengers per day on average over a year shall ensure that the operations of the station , the railway undertakings and the infrastructure manager are coordinated through a proper contingency plan in order to prepare for the possibility of major disruption and delays leading to a considerable number of passengers being stranded in the station . the plan shall pay particular attention to the needs of persons with disabilities and persons with reduced mobility and shall ensure that stranded passengers are provided with adequate assistance and information , including in accessible formats in accordance with the accessibility requirements laid down in directive xxx . the plan shall also include requirements for the accessibility of alert and information systems . upon request , the station manager shall make the plan , and any amendments to it , available to the national enforcement body or to any other body designated by a member state . station managers of railway stations handling fewer than 5 000 passengers per day on average over a year shall make all reasonable efforts to coordinate station users and to assist and inform stranded passengers in such situations .


### where a passenger receives separate tickets for a single journey comprising successive railway services operated by one or more railway undertakings , his rights to information , assistance , care and compensation shall be equivalent to those under a through - ticket and cover the whole journey from the departure to the final destination , unless the passenger is explicitly informed otherwise in writing . such information shall in particular state that when the passenger misses a connection , he or she would not be entitled to assistance or compensation based on the total length of the journey . the burden of proof that the information was provided shall lie with the railway undertaking , its agent , tour operator or ticket vendor . ### where a passenger receives separate tickets for a single journey comprising successive railway services operated by one or more railway undertakings , their rights to information , assistance , care and compensation shall be equivalent to those under a through - ticket and cover the whole journey from the departure to the final destination .


### the passenger shall not have any right to compensation if he is informed of a delay before he buys a ticket , or if a delay due to continuation on a different service or re - routing remains below 60 minutes . ### the passenger shall not have any right to compensation if they are informed of a delay before buying a ticket , or if a delay due to continuation on a different service or re - routing remains below 45 minutes .


### railway undertakings should facilitate the transfer of rail passengers from one operator to another by the provision of through - tickets , whenever possible . ### railway undertakings should facilitate the transfer of rail passengers from one operator to another by the provision of through - tickets . in this respect , they should also cooperate with ticket vendors providing combined journeys .


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


### the compensation referred to in paragraph 1 shall be equal to the cost of replacement or repair of the equipment or devices lost or damaged . ### the compensation for loss or damage referred to in paragraph 1 shall be paid within one month of submission of a claim and be equal to the cost of replacement based on the actual value , or on the full costs of repair , of the wheelchair , equipment , devices lost or damaged or the loss or injury of the service animal . the compensation shall also include the cost of temporary replacement in case of repair , when those costs are borne by the passenger .


### in addition to the obligations on railway undertakings pursuant to article 13a of directive 2012 / 34 / eu , the station manager of a railway station handling at least 10 000 passengers per day on average over a year shall ensure that the operations of the station , the railway undertakings and the infrastructure manager are coordinated through a proper contingency plan in order to prepare for the possibility of major disruption and long delays leading to a considerable number of passengers being stranded in the station . the plan shall ensure that stranded passengers are provided with adequate assistance and information , including in accessible formats in accordance with the accessibility requirements laid down in directive xxx . upon request , the station manager shall make the plan , and any amendments to it , available to the national enforcement body or to any other body designated by a member state . station managers of railway stations handling fewer than 10 000 passengers per day on average over a year shall make all reasonable efforts to coordinate station users and to assist and inform stranded passengers in such situations . ### in addition to the obligations on railway undertakings pursuant to article 13a of directive 2012 / 34 / eu , the station manager of a railway station handling at least 5 000 passengers per day on average over a year shall ensure that the operations of the station , the railway undertakings and the infrastructure manager are coordinated through a proper contingency plan in order to prepare for the possibility of major disruption and long delays leading to a considerable number of passengers being stranded in the station . the plan shall pay particular attention to the needs of persons with disabilities and persons with reduced mobility ; it shall ensure that stranded passengers are provided with adequate assistance and information , including in accessible formats in accordance with the accessibility requirements laid down in directive xxx . the plan shall also include requirements for the accessibility of alert and information systems . the station manager shall make the plan , and any amendments to it , publicly available . station managers of railway stations handling fewer than 5 000 passengers per day on average over a year shall make all reasonable efforts to coordinate station users and to assist and inform stranded passengers in such situations .


### where there is no ticket office or accessible ticketing machine in the station of departure , persons with disabilities and persons with reduced mobility shall be permitted to buy tickets on board the train at no extra cost . ### where there is no ticket office or accessible ticketing machine in the station of departure , passengers shall be permitted to buy tickets on board the train at no extra cost .


### where there is no ticket office or accessible ticketing machine in the station of departure , persons with disabilities and persons with reduced mobility shall be permitted to buy tickets on board the train at no extra cost . ### where there is no open ticket office or functional ticketing machine or a functional ticket machine which is accessible to persons with disabilities and persons with reduced mobility at the place of departure , passengers shall be permitted to buy tickets on board the train at no extra cost .


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


### granting the same rights to rail passengers taking international and domestic journeys should raise the level of consumer protection in the union , ensure a level playing - field for railway undertakings and guarantee a uniform level of rights for passengers . ### granting the same rights to rail passengers taking international and domestic journeys should raise the level of consumer protection in the union , guarantee that passengers receive as precise as possible information on their rights , ensure a level playing - field for railway undertakings and guarantee a uniform level of rights for passengers .


### ‘ ticket vendor’ means any retailer of rail transport services concluding transport contracts and selling tickets on behalf of a railway undertaking or for its own account ; ### ‘ ticket vendor’ means any retailer of rail transport services concluding transport contracts and selling tickets , through - tickets or combined tickets on behalf of one or more railway undertakings or for its own account ;


### assistance shall be provided on condition that the railway undertaking , the station manager , the ticket vendor or the tour operator with which the ticket was purchased is notified of the person ' s need for such assistance at least 48 hours before the assistance is needed . where a ticket or season ticket permits multiple journeys , one notification shall be sufficient provided that adequate information on the timing of subsequent journeys is provided . such notifications shall be forwarded to all other railway undertakings and station managers involved in the person ' s journey ; ### assistance shall be provided on condition that the railway undertaking , the station manager , the ticket vendor or the tour operator with which the ticket was purchased is notified of the person ' s need for such assistance at least 3 hours before the assistance is needed . where a ticket or season ticket permits multiple journeys , one notification shall be sufficient provided that adequate information on the timing of subsequent journeys is provided . such notifications shall be forwarded to all other railway undertakings and station managers involved in the person ' s journey ;


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


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


### where there is no ticket office or accessible ticketing machine in the station of departure , persons with disabilities and persons with reduced mobility shall be permitted to buy tickets on board the train at no extra cost . ### tickets bought on board the train shall not cost more than the relevant standard fare for the journey concerned with any applicable discounts .


### assistance shall be provided on condition that the railway undertaking , the station manager , the ticket vendor or the tour operator with which the ticket was purchased is notified of the person ' s need for such assistance at least 48 hours before the assistance is needed . where a ticket or season ticket permits multiple journeys , one notification shall be sufficient provided that adequate information on the timing of subsequent journeys is provided . such notifications shall be forwarded to all other railway undertakings and station managers involved in the person ' s journey ; ### assistance shall be provided on condition that the railway undertaking , the station manager , the ticket vendor or the tour operator with which the ticket was purchased is notified of the person ' s need for such assistance upon booking the ticket or upon arrival at the station . where a ticket or season ticket permits multiple journeys , one notification shall be sufficient provided that adequate information on the timing of subsequent journeys is provided . such notifications shall be forwarded to all other railway undertakings and station managers involved in the person ' s journey ;


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


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


### assistance shall be available in stations during all times when rail services operate . ### without prejudice to paragraph 3 of this article , assistance shall be available in stations during all times when rail services operate .


### railway undertakings shall offer the possibility to obtain tickets for the respective service on board the train , unless this is limited or denied on grounds relating to security or antifraud policy or compulsory train reservation or reasonable commercial grounds . ### railway undertakings shall offer the possibility to obtain tickets for the respective service on board the train , unless this is limited or denied on reasonable and justifiable grounds relating to security or antifraud policy or space or seat availability .


### the compensation of the ticket price shall be paid within one month after the submission of the request for compensation . the compensation may be paid in vouchers and / or other services if the terms are flexible . the compensation shall be paid in money at the request of the passenger . ### the compensation of the ticket price shall be paid within one month after the submission of the request for compensation to the railway undertaking , tour operator or ticket vendor . the compensation may be paid in vouchers and / or other services if the terms are flexible . the compensation shall be paid in money at the request of the passenger .


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


### ‘ ticket vendor’ means any retailer of rail transport services concluding transport contracts and selling tickets on behalf of a railway undertaking or for its own account ; ### ‘ ticket vendor’ means any retailer of rail transport services concluding transport contracts and selling tickets on behalf of one or more railway undertakings or for its own account ;


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


### in the case of any delay as referred to in paragraph 1 of more than 60 minutes , passengers shall also be offered free of charge : ### in the case of any delay as referred to in paragraph 1 of more than 45 minutes , passengers shall also be offered free of charge :


### the compensation referred to in paragraph 1 shall be equal to the cost of replacement or repair of the equipment or devices lost or damaged . ### the compensation for loss or damage referred to in paragraph 1 shall be paid within one month of submission of a claim and be equal to the cost of replacement based on the actual value , or on the full costs of repair , of the wheelchair , equipment , devices lost or damaged or the loss or injury of the service animal . the compensation shall also include the cost of temporary replacement in case of repair , when those costs are borne by the passenger .


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


### it is desirable that this regulation create a system of compensation for passengers in the case of delay which is linked to the liability of the railway undertaking , on the same basis as the international system provided by the cotif and in particular civ uniform rules thereto relating to passengers ' rights . in the event of a delay of a passenger service , railway undertakings should provide passengers with compensation based on a percentage of the ticket price . ### it is desirable that this regulation create a system of compensation for passengers in the case of delay which is linked to the liability of the railway undertaking , on the same basis as the international system provided by the cotif and in particular civ uniform rules thereto relating to passengers ' rights . purchased tickets should be fully refundable . in the event of a delay of a passenger service , railway undertakings should provide passengers with compensation based on a percentage up to 100% of the ticket price .


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


### the body shall acknowledge receipt of the complaint within two weeks of receiving it . the complaint - handling procedure shall take a maximum of three months . for complex cases , the body may , at its discretion , extend this period to six months . in such a case , it shall inform the passenger of the reasons for the extension and of the expected time needed to conclude the procedure . only cases that involve legal proceedings may take longer than six months . where the body is also an alternative dispute resolution body within the meaning of directive 2013 / 11 / eu , the time limits laid down in that directive shall prevail . ### the body shall acknowledge receipt of the complaint within two weeks of receiving it . the complaint - handling procedure shall take a maximum of three months . for complex cases , the body may , at its discretion , extend this period to six months . in such a case , it shall inform the passenger or organisation representing passengers of the reasons for the extension and of the expected time needed to conclude the procedure . only cases that involve legal proceedings may take longer than six months . where the body is also an alternative dispute resolution body within the meaning of directive 2013 / 11 / eu , the time limits laid down in that directive shall prevail and the use of online dispute resolution in accordance with regulation 524 / 2013 / eu2b may be made available with the agreement of all parties involved . __________________ 2b regulation 524 / 2013 / eu of the european parliament and of the council of 21 may 2013 on online dispute resolution for consumer disputes and amending regulation no 2006 / 2004 and directive2009 / 22 / ec .


### railway undertakings and ticket vendors shall offer tickets and , where available , through - tickets and reservations . they shall make all possible efforts to offer through - tickets , including for journeys across borders and with more than one railway undertaking . ### railway undertakings , tour operators and ticket vendors shall offer tickets , through - tickets , reservations and combinations of tickets that provide the most optimal and cost - effective journey or combined journey , including cross - border , in an impartial and non - discriminatory manner . they shall make all possible efforts to offer through - tickets , including for journeys across borders or involving night trains and journeys with more than one railway undertaking .


### ‘ through - ticket’ means a ticket or tickets representing a single transport contract for successive railway services operated by one or more railway undertakings ; ### ‘ through - ticket’ means a ticket or tickets representing a single transport contract for successive railway services operated by one or more railway undertakings purchased in a coherent operation or for the purposes of an actual transport chain ;


### the handling of complaints ; ### proper procedures for handling of complaints ;


### railway undertakings and ticket vendors shall offer tickets and , where available , through - tickets and reservations . they shall make all possible efforts to offer through - tickets , including for journeys across borders and with more than one railway undertaking . ### railway undertakings and ticket vendors shall offer tickets and , where available reservations . they shall offer through - tickets , including for journeys across borders and with more than one railway undertaking , where according to the time schedules known at the time of the purchase of the ticket , there is time for the passenger to transfer between one service to another . ticket vendors and railway undertakings shall make available to station managers , infrastructure managers , and each other the data concerning sold tickets and the related passengers in a real time basis in a non - discriminatory way , in line with the general data protection regulation 2016 / 679 .


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


### without prejudice to paragraphs 3 and 4 , railway undertakings and ticket vendors shall distribute tickets to passengers via at least one of the following points of sale : ### without prejudice to paragraphs 3 and 4 , railway undertakings , tour operators and ticket vendors shall distribute tickets to passengers for single and any combined or return journeys via at least one of the following points of sale :


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


### if the railway service cannot be continued anymore , railway undertakings shall organise as soon as possible alternative transport services for passengers . ### if the railway service cannot be continued anymore , railway undertakings shall organise as soon as possible alternative accessible transport services for passengers .


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


### telephone , the internet or any other widely available information technology ; ### telephone or any other widely available information technology ;


### meals and refreshments in reasonable relation to the waiting time , if they are available on the train or in the station , or can reasonably be supplied taking into account criteria such as the distance from the supplier , the time required for delivery and the cost ; ### meals and refreshments in reasonable relation to the waiting time , if they are available on the train or in the station , or can reasonably be supplied ;


### ensure that , upon recruitment , all new employees receive disability - related training and that personnel attend regular refresher training courses . ### ensure that , upon recruitment , all new staff receive disability - related training and that personnel attend regular refresher training courses , and that advanced or in - depth courses in the provision of assistance to persons with disabilities are offered .


### in addition to the obligations on railway undertakings pursuant to article 13a of directive 2012 / 34 / eu , the station manager of a railway station handling at least 10 000 passengers per day on average over a year shall ensure that the operations of the station , the railway undertakings and the infrastructure manager are coordinated through a proper contingency plan in order to prepare for the possibility of major disruption and long delays leading to a considerable number of passengers being stranded in the station . the plan shall ensure that stranded passengers are provided with adequate assistance and information , including in accessible formats in accordance with the accessibility requirements laid down in directive xxx . upon request , the station manager shall make the plan , and any amendments to it , available to the national enforcement body or to any other body designated by a member state . station managers of railway stations handling fewer than 10 000 passengers per day on average over a year shall make all reasonable efforts to coordinate station users and to assist and inform stranded passengers in such situations . ### in addition to the obligations on railway undertakings pursuant to article 13a of directive2012 / 34 / eu , the station manager of a railway station handling at least 10 000 passengers per day on average over a year shall ensure that the operations of the station , the railway undertakings and the infrastructure manager are coordinated through a proper contingency plan in order to prepare for the possibility of major disruption and delays leading to a considerable number of passengers being stranded in the station . the plan shall pay particular attention to the needs of persons with disabilities and persons with reduced mobility and shall ensure that stranded passengers are provided with adequate assistance and information , including in accessible formats in accordance with the accessibility requirements laid down in directive xxx . the plan shall also include requirements for the accessibility of alert and information systems . upon request , the station manager shall make the plan , and any amendments to it , available to the national enforcement body or to any other body designated by a member state . station managers of railway stations handling fewer than 10000 passengers per day on average over a year shall make all reasonable efforts to coordinate station users and to assist and inform stranded passengers in such situations .


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


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


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


### accept upon request the participation , in the training , of employees with disabilities , passengers with disabilities and with reduced mobility , and / or organisations representing them . ### encourage actively the participation , in the training , of staff with disabilities , as well as passengers with disabilities and with reduced mobility , and organisations representing them ;


### 50 % of the ticket price for a delay of 120 minutes or more . ### 100% of the ticket price for a delay of 90 minutes or more .


### railway undertakings and ticket vendors shall offer tickets and , where available , through - tickets and reservations . they shall make all possible efforts to offer through - tickets , including for journeys across borders and with more than one railway undertaking . ### railway undertakings , tour operators and ticket vendors shall offer tickets , through - tickets , reservations and combinations of tickets that provide the most optimal and cost - effective journey or combined journey , including cross - border , in an impartial and non - discriminatory manner . they shall make all possible efforts to offer through - tickets , including for journeys across borders or involving night trains and journeys with more than one railway undertaking .


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


### in addition to the obligations on railway undertakings pursuant to article 13a of directive 2012 / 34 / eu , the station manager of a railway station handling at least 10 000 passengers per day on average over a year shall ensure that the operations of the station , the railway undertakings and the infrastructure manager are coordinated through a proper contingency plan in order to prepare for the possibility of major disruption and long delays leading to a considerable number of passengers being stranded in the station . the plan shall ensure that stranded passengers are provided with adequate assistance and information , including in accessible formats in accordance with the accessibility requirements laid down in directive xxx . upon request , the station manager shall make the plan , and any amendments to it , available to the national enforcement body or to any other body designated by a member state . station managers of railway stations handling fewer than 10 000 passengers per day on average over a year shall make all reasonable efforts to coordinate station users and to assist and inform stranded passengers in such situations . ### in addition to the obligations on railway undertakings pursuant to article 13a of directive2012 / 34 / eu , the station manager of a railway station handling at least 5 000 passengers per day on average over a year shall ensure that the operations of the station , the railway undertakings and the infrastructure manager are coordinated through a proper contingency plan in order to prepare for the possibility of major disruption and delays leading to a considerable number of passengers being stranded in the station . the plan shall pay particular attention to the needs of persons with disabilities and persons with reduced mobility and shall ensure that stranded passengers are provided with adequate assistance and information , including in accessible formats in accordance with the accessibility requirements laid down in directive xxx . the plan shall also include requirements for the accessibility of alert and information systems . upon request , the station manager shall make the plan , and any amendments to it , available to the national enforcement body or to any other body designated by a member state . station managers of railway stations handling fewer than 5 000 passengers per day on average over a year shall make all reasonable efforts to coordinate station users and to assist and inform stranded passengers in such situations .


### if the train is blocked on the track , transport from the train to the railway station , to the alternative departure point or to the final destination of the service , where and when physically possible . ### if the train is blocked on the track , accessible transport from the train to the railway station , to the alternative departure point or to the final destination of the service , where and when physically possible .


### paragraph 1 also applies to passengers who hold a travel pass or season ticket . if they encounter recurrent delays or cancellations during the period of validity of the travel pass or season ticket , they may request adequate compensation in accordance with the railway undertaking’s compensation arrangements . these arrangements shall state the criteria for determining delay and for the calculation of the compensation . where delays of less than 60 minutes occur repeatedly during the period of validity of the travel pass or season ticket , the delays shall be counted cumulatively and passengers shall be compensated in accordance with the railway undertaking’s compensation arrangements . ### paragraph 1 also applies to passengers who hold a travel pass or season ticket . if they encounter recurrent delays or cancellations during the period of validity of the travel pass or season ticket , they shall be entitled to adequate compensation in accordance with the railway undertaking’s compensation arrangements . these arrangements shall state the criteria for determining delay and for the calculation of the compensation . where delays of between 15 and 45 minutes occur repeatedly during the period of validity of the travel pass or season ticket , the delays shall be counted cumulatively and passengers shall be compensated on that basis in accordance with the railway undertaking’s compensation arrangements .


### this directive should not prejudice the right of each member state to decide on the standard time or times for the territories under its jurisdiction and falling under the territorial scope of the treaties , and on further changes thereto . however , in order to ensure that the application of summer - time arrangements by some member states only does not disrupt the functioning of the internal market , member states should refrain from changing the standard time in any given territory under their jurisdiction for reasons related to seasonal changes , be such change presented as a change of time zone . moreover , in order to minimise disruptions , inter alia , to transport , communications and other concerned sectors , they should notify the commission in due time of their intention to change their standard time and subsequently apply the notified changes . the commission should , on the basis of that notification , inform all other member states so that they can take all necessary measures . it should also inform the general public and stakeholders by publishing this information . ### in order to ensure that the application of seasonal summer - time arrangements by the member states does not disrupt the functioning of the internal market or increase the risk of fragmentation of the european union , member states should agree upon a common standard time .


### without prejudice to article 1 , if a member state decides to change its standard time or times in any territory under its jurisdiction , it shall notify the commission at least 6 months before the change takes effect . where a member state has made such a notification and has not withdrawn it at least 6 months before the date of the envisaged change , the member state shall apply this change . ### without prejudice to article 1 , if a member state decides to change its standard time or times in any territory under its jurisdiction , it shall notify the commission and all other member states at least 18 months before the change takes effect . where a member state has made such a notification and has not withdrawn it at least 18 months before the date of the envisaged change , the member state shall apply this change .


### member states shall adopt and publish , by 1 april 2019 at the latest , the laws , regulations and administrative provisions necessary to comply with this directive . they shall forthwith communicate to the commission the text of those provisions . ### member states shall adopt and publish , by 1 april 2021 at the latest , the laws , regulations and administrative provisions necessary to comply with this directive . they shall forthwith communicate to the commission the text of those provisions .


### notwithstanding paragraph 1 , member states may still apply a seasonal change of their standard time or times in 2019 , provided that they do so at 1 . 00 a . m . , coordinated universal time , on 27 october 2019 . the member states shall notify this decision in accordance with article 2 . ### notwithstanding existing time zones , member states shall agree upon a common standard time .


### therefore , it is necessary to put an end to the harmonisation of the period covered by summer - time arrangements as laid down in directive 2000 / 84 / ec and to introduce common rules preventing member states from applying different seasonal time arrangements by changing their standard time more than once during the year and establishing the obligation to notify envisaged changes of the standard time . this directive aims at contributing in a determined manner to the smooth functioning of the internal market and should , consequently , be based on article 114 of the treaty on the functioning of the european union , as interpreted in accordance with the consistent case - law of the court of justice of the european union . ### therefore , it is necessary to put an end to the harmonisation of the period covered by summer - time arrangements as laid down in directive 2000 / 84 / ec and to introduce common rules preventing member states from applying different seasonal time arrangements . this directive aims at contributing in a determined manner to the smooth functioning of the internal market and should , consequently , be based on article 114 of the treaty on the functioning of the european union , as interpreted in accordance with the consistent case - law of the court of justice of the european union .


### without prejudice to article 1 , if a member state decides to change its standard time or times in any territory under its jurisdiction , it shall notify the commission at least 6 months before the change takes effect . where a member state has made such a notification and has not withdrawn it at least 6 months before the date of the envisaged change , the member state shall apply this change . ### without prejudice to article 1 , if a member state decides to change its standard time or times in any territory under its jurisdiction , it shall notify all other member states and the commission at least 18 months before the change takes effect . where a member state has made such a notification and has not withdrawn it at least 18 months before the date of the envisaged change , the member state shall apply this change .


### this directive should not prejudice the right of each member state to decide on the standard time or times for the territories under its jurisdiction and falling under the territorial scope of the treaties , and on further changes thereto . however , in order to ensure that the application of summer - time arrangements by some member states only does not disrupt the functioning of the internal market , member states should refrain from changing the standard time in any given territory under their jurisdiction for reasons related to seasonal changes , be such change presented as a change of time zone . moreover , in order to minimise disruptions , inter alia , to transport , communications and other concerned sectors , they should notify the commission in due time of their intention to change their standard time and subsequently apply the notified changes . the commission should , on the basis of that notification , inform all other member states so that they can take all necessary measures . it should also inform the general public and stakeholders by publishing this information . ### this directive should not prejudice the right of each member state to decide on the standard time or times for the territories under its jurisdiction and falling under the territorial scope of the treaties , and on further changes thereto , with reference to the legal basis of the proposal and the subsidiarity principle . however , in order to ensure that the application of summer - time arrangements by some member states only does not disrupt the functioning of the internal market , member states should refrain from changing the standard time in any given territory under their jurisdiction for reasons related to seasonal changes , be such change presented as a change of time zone . moreover , in order to minimise disruptions in the internal market , inter alia with regard to transport , communications and other concerned sectors , they should notify the commission and all other member states in due time of their intention to change their standard time and subsequently apply the notified changes . the commission should inform the general public and stakeholders by publishing this information as soon as possible thereafter .


### a lively public debate is taking place on summer - time arrangements and some member states have already expressed their preference to discontinue the application of such arrangements . in the light of these developments , it is necessary to continue safeguarding the proper functioning of the internal market and to avoid any significant disruptions thereto caused by divergences between member states in this area . therefore , it is appropriate to put an end in a coordinated way to summer - time arrangements . ### a lively public debate is taking place on summer - time arrangements and some member states have already expressed their preference to discontinue the application of such arrangements . in the light of these developments , it is necessary to continue safeguarding the proper functioning of the internal market and to avoid any significant disruptions thereto caused by divergences between member states in this area . therefore , it is appropriate to put an end in a coordinated and harmonised way to summer - time arrangements and to agree upon a common standard time .


### member states shall provide the commission with the relevant information by 30 april 2024 at the latest . ### member states shall provide the commission with the relevant information by 30 april five years after the adoption of this directive at the latest .


### reflecting the importance of tackling climate change in line with the union ' s commitments to implement the paris agreement and the united nations sustainable development goals , this regulation should contribute to mainstream climate actions and to the achievement of an overall target of 25% of the union budget expenditures supporting climate objectives . actions under this regulation are expected to contribute to 30% of the overall financial envelope of the emff to climate objectives . relevant actions will be identified during the preparation and implementation of the emff , and reassessed in the context of the relevant evaluations and review processes . ### reflecting the importance of tackling climate change in line with the union ' s commitments to implement the paris agreement and the united nations sustainable development goals , this regulation should contribute to mainstream climate actions and to the achievement of an overall target of 30% of the union budget expenditures supporting climate objectives . actions under this regulation are expected to contribute to 35% of the overall financial envelope of the emff to climate objectives . relevant actions will be identified during the preparation and implementation of the emff , and reassessed in the context of the relevant evaluations and review processes .


### providers of online intermediation services shall identify in their terms and conditions one or more mediators with which they are willing to engage to attempt to reach an agreement with business users on the settlement , out of court , of any disputes between the provider and the business user arising in relation to the provision of the online intermediation services concerned , including complaints that could not be resolved by means of the internal complaint - handling system referred to in article 9 . ### providers of online intermediation services and providers of online search engines shall identify in their terms and conditions one or more mediators with which they are willing to engage to attempt to reach an agreement with business users on the settlement , out of court , of any disputes between the provider and the business user arising in relation to the provision of the online intermediation services concerned , including complaints that could not be resolved by means of the internal complaint - handling system referred to in article 9 .


### online intermediation services and online search engines , as well as the commercial transactions facilitated by those services , have an intrinsic cross - border potential and are of particular importance for the proper functioning of the union ' s internal market in today ' s economy . the potentially unfair and harmful trading practices of certain providers of those services in respect of business users and corporate website users hamper the full realisation of that potential and negatively affect the proper functioning of the internal market . in addition , the full realisation of that potential is hampered , and the proper functioning of the internal market is negatively affected , by diverging laws of certain member states which , with a varying degree of effectiveness , regulate those services , while other member states are considering adopting such laws . ### online intermediation services and online search engines , as well as the transactions facilitated by those services , have an intrinsic cross - border potential and are of particular importance for the proper functioning of the union ' s internal market in today ' s economy . the potentially unfair and harmful trading practices of certain providers of those services in respect of business users and corporate website users hamper the full realisation of that potential and negatively affect the proper functioning of the internal market . in addition , the full realisation of that potential is hampered , and the proper functioning of the internal market is negatively affected , by diverging laws of certain member states which , with a varying degree of effectiveness , regulate those services , while other member states are considering adopting such laws .


### where , in the provision of their services , providers of online intermediation services restrict the ability of business users to offer the same goods and services to consumers under different conditions through other means than through those services , they shall include grounds for that restriction in their terms and conditions and make those grounds easily available to the public . those grounds shall include the main economic , commercial or legal considerations for those restrictions . ### providers of online intermediation services shall not restrict the ability of business users to offer the same goods and services to consumers under different conditions through other means than through those services .


### for reasons of consistency , the definition of online search engine used in this regulation should be aligned with the definition used in directive 2016 / 1148 of the european parliament and of the council21 . _________________ 21 directive 2016 / 1148 of the european parliament and of the council concerning measures for a high common level of security of network and information systems across the union . ### for reasons of consistency , the definition of online search engine used in this regulation should be aligned with the definition used in directive 2016 / 1148 of the european parliament and of the council21 . the definition of an online search engine as a digital service that allows users to perform searches on the basis of a query on any subject in the form of a keyword , phrase or other input , and returns links , should be understood as technologically neutral and should include , but not be limited to , data entered in the form of typed input , voice and image search . _________________ 21 directive 2016 / 1148 of the european parliament and of the council concerning measures for a high common level of security of network and information systems across the union .


### through the description referred to in paragraph 1 , providers of online intermediation services shall adequately inform business users at least of the following : ### through the description referred to in paragraph 1 , providers of online intermediation services or online search engines shall adequately inform business users or corporate website users at least of the following :


### providers of online intermediation services shall set out in their terms and conditions the main parameters determining ranking and the reasons for the relative importance of those main parameters as opposed to other parameters . ### providers of online intermediation services shall set out in their terms and conditions the main parameters determining ranking .


### communicate to the complainant the outcome of the internal complaint - handling process , in an individualised manner and drafted in clear and unambiguous language . ### communicate to the complainant the outcome of the internal complaint - handling process .


### examples of online intermediation services covered by this regulation should consequently include online e - commerce market places , including collaborative ones on which business users are active , online software applications services and online social media services . however , this regulation should not apply to online advertising serving tools or online advertising exchanges which are not provided with the aim of facilitating the initiation of direct transactions and which do not involve a contractual relationship with consumers . this regulation should also not apply to online payment services , since they do not themselves meet the applicable requirements but are rather inherently auxiliary to the transaction for the supply of goods and services to the consumers concerned . ### examples of online intermediation services covered by this regulation should consequently include online e - commerce market places , including collaborative ones on which business users are active , online software applications services , online social media services and voice assistance services . however , this regulation should not apply to online advertising serving tools or online advertising exchanges which are not provided with the aim of facilitating the initiation of direct transactions and which do not involve a contractual relationship with consumers . this regulation should also not apply to online payment services , since they do not themselves meet the applicable requirements but are rather inherently auxiliary to the transaction for the supply of goods and services to the consumers concerned .


### providers of online intermediation services shall set out in their terms and conditions the main parameters determining ranking and the reasons for the relative importance of those main parameters as opposed to other parameters . ### providers of online intermediation services and providers of online search engines shall set out clearly and unambiguously in their terms and conditions the main parameters determining ranking and the reasons for the relative importance of those main parameters as opposed to other parameters .


### access to , or conditions for use of , services that are directly connected or ancillary to the online intermediation services concerned . ### access to , or conditions for use of , services that are directly connected or ancillary to the online intermediation services or online search engine services concerned .


### where a provider of online intermediation services itself offers certain goods or services to consumers through its own online intermediation services , or does so through a business user which it controls , that provider may compete directly with other business users of its online intermediation services which are not controlled by the provider . in such situations , in particular , it is important that the provider of online intermediation services acts in a transparent manner and provides a description of any differentiated treatment , whether through legal , commercial or technical means , that it might give in respect of goods or services it offers itself compared to those offered by business users . to ensure proportionality , this obligation should apply at the level of the overall online intermediation services , rather than at the level of individual goods or services offered through those services . ### where a provider of online intermediation services or online search engine itself offers certain goods or services to consumers through its own online intermediation services or online search engine , or does so through a business user which it controls , that provider may compete directly with other business users of its online intermediation services which are not controlled by the provider . in such situations , in particular , it is important that the provider of online intermediation services or online search engine acts in a transparent manner and provides a description of any differentiated treatment , whether through legal , commercial or technical means , that it might give in respect of goods or services it offers itself compared to those offered by business users . to ensure proportionality , this obligation should apply at the level of the overall online intermediation services , rather than at the level of individual goods or services offered through those services .


### providers of online intermediation services shall include in their terms and conditions a description of the technical and contractual access , or absence thereof , of business users to any personal data or other data , or both , which business users or consumers provide for the use of the online intermediation services concerned or which are generated through the provision of those services . ### providers of online intermediation services or online search engines shall include in their terms and conditions a description of the technical and contractual access , or absence thereof , of business users or corporate website users to any personal data or other data , or both , which business users or corporate website users or consumers provide for the use of the online intermediation services or online search engine services concerned or which are generated through the provision of those services .


### this regulation lays down rules to ensure that business users of online intermediation services and corporate website users in relation to online search engines are granted appropriate transparency and effective redress possibilities . ### this regulation lays down rules to ensure that business users of online intermediation services and corporate website users in relation to online search engines are granted transparency and effective redress possibilities .


### by [ date : three years after the date of entry into force ] , and subsequently every three years , the commission shall evaluate this regulation and report to the european parliament , the council and the european economic and social committee . ### by [ date : two years after the date of entry into force ] , and subsequently every three years , the commission shall evaluate this regulation and report to the european parliament , the council and the european economic and social committee .


### providers of online intermediation services should bear a reasonable proportion of the total costs of the mediation , taking into account all relevant elements of the case at hand . to that aim , the mediator should suggest which proportion is reasonable in the individual case . however , that proportion should never be less than half of those costs . ### providers of online intermediation services should bear a reasonable proportion of the total costs of the mediation , taking into account all relevant elements of the case at hand , including whether the case was brought in good faith . to that aim , the mediator should suggest which proportion is reasonable in the individual case . however , that proportion should never be less than half of those costs in case the business user constitutes a small enterprise , in line with the relevant provisions of commission recommendation 2003 / 361 / ec . when a business user has acted previously in bad faith during the mediation process , or repeatedly brought forward cases not leading to agreement of the dispute , the provider of online intermediation service should not be obliged to engage in mediation with said business users .


### in order to enable business users , including those whose use of the relevant online intermediation services might have been suspended or terminated , to have access to immediate , suitable and effective redress possibilities , providers of online intermediation services should provide for an internal complaint - handling system . that internal complaint - handling system should be aimed at ensuring that a significant proportion of complaints can be solved bilaterally by the provider of the online intermediation services and the relevant business user . in addition , ensuring that providers of online intermediation services publish information on the functioning and effectiveness of their internal complaint - handling system should help business users to understand the types of issues that can arise in the context of the provision of different online intermediation services and the possibility of reaching a quick and effective bilateral resolution . ### in order to enable business users , including those whose use of the relevant online intermediation services might have been suspended or terminated , to have access to immediate , suitable and effective redress possibilities , providers of online intermediation services should provide for an internal complaint - handling system with clear resolution deadlines . that internal complaint - handling system should be aimed at ensuring that a significant proportion of complaints can be solved bilaterally by the provider of the online intermediation services and the relevant business user . in addition , ensuring that providers of online intermediation services publish information on the functioning and effectiveness of their internal complaint - handling system should help business users to understand the types of issues that can arise in the context of the provision of different online intermediation services and the possibility of reaching a quick and effective bilateral resolution .


### they allow business users to offer goods or services to consumers , with a view to facilitating the initiating of direct transactions between those business users and consumers , irrespective of where those transactions are ultimately concluded ; ### they allow business users to offer goods or services to consumers , with a view to facilitating the initiating of web - based direct transactions between those business users and consumers , irrespective of where those transactions are ultimately concluded ;


### ‘ corporate website user’ means any natural or legal person which uses websites to offer goods or services to consumers for purposes relating to its trade , business , craft or profession ; ### ‘ corporate website user’ means any natural or legal person which uses websites , mobile applications or other type of software to offer goods or services to consumers for purposes relating to its trade , business , craft or profession ;


### providers of online intermediation services shall include in their terms and conditions a description of the technical and contractual access , or absence thereof , of business users to any personal data or other data , or both , which business users or consumers provide for the use of the online intermediation services concerned or which are generated through the provision of those services . ### providers of online intermediation services or providers of search engines shall include in their terms and conditions a description of the technical and contractual access , or absence thereof , of business users to any personal data or other data , or both , which business users or consumers provide for the use of the online intermediation services or online search engines concerned or which are generated through the provision of those services .


### providers of online intermediation services and providers of online search engines shall , when complying with the requirements of this article , not be required to disclose any trade secrets as defined in article 2 of directive 2016 / 943 . ### providers of online intermediation services and providers of online search engines shall , when complying with the requirements of this article , not be required to disclose any trade secrets as defined in article 2 of directive 2016 / 943 nor any business sensitive information that could undermine the provider’s position .


### whether a business user has access to personal data or other data , or both , provided by that business user in connection to his or her use of the online intermediation services concerned or generated through the provision of those services to that business user and the consumers of his or her goods or services , and if so , to which categories of such data and under what conditions ; ### whether a business user has access to personal data or other data , or both , provided by that business user in connection to his or her use of the online intermediation services or online search engine concerned or generated through the provision of those services to that business user and the consumers of his or her goods or services , and if so , to which categories of such data and under what conditions ;


### where a provider of online intermediation services decides to suspend or terminate , in whole or in part , the provision of its online intermediation services to a given business user , it shall provide the business user concerned , without undue delay , with a statement of reasons for that decision . ### where a provider of online intermediation services decides to sanction , suspend , delist or terminate , in whole or in part , the provision of its online intermediation services to a given business user , it shall provide the business user concerned , without undue delay , with a statement of reasons for that decision . in case of any legal obligation or suspicion of exercise of harmful practices by business users against the consumer or the platform , such statement of reasons should not be provided as the information could help maintain or improve the said harmful practices .


### where , in the provision of their services , providers of online intermediation services restrict the ability of business users to offer the same goods and services to consumers under different conditions through other means than through those services , they shall include grounds for that restriction in their terms and conditions and make those grounds easily available to the public . those grounds shall include the main economic , commercial or legal considerations for those restrictions . ### providers of online intermediation services shall not restrict the ability of business users to offer the same goods and services to consumers under different conditions through other means than through those services .


### in order to effectively protect business users where needed , this regulation should apply where the terms and conditions of a contractual relationship , regardless of their name or form , are not individually negotiated by the parties to them . whether or not terms and conditions were individually negotiated should be determined on the basis of an overall assessment , whereby the fact that certain provisions thereof may have been individually negotiated is , in itself , not decisive . ### in order to effectively protect business users where needed , this regulation should apply to the terms and conditions of a contractual relationship .


### the commission shall encourage providers of online intermediation services as well as organisations and associations representing them to individually or jointly set up one or more organisations providing mediation services which meet the requirements specified in article 10 , for the specific purpose of facilitating the out - of - court settlement of disputes with business users arising in relation to the provision of those services , taking particular account of the cross - border nature of online intermediation services . ### the commission shall encourage providers of online intermediation services and providers of online search engines as well as organisations and associations representing them to individually or jointly set up one or more organisations providing mediation services which meet the requirements specified in article 10 , for the specific purpose of facilitating the out - of - court settlement of disputes with business users arising in relation to the provision of those services , taking particular account of the cross - border nature of online intermediation services .


### mediation can offer providers of online intermediation services and their business users a means to resolve disputes in a satisfactory manner , without having to use judicial proceedings which can be lengthy and costly . therefore , providers of online intermediation services should facilitate mediation by , in particular , identifying mediators with which they are willing to engage . mediators which provide their services from a location outside the union should only be identified where it is guaranteed that the use of those services does not in any way deprive the business users concerned of any legal protection offered to them under union law or the law of the member states , including the requirements of this regulation and the applicable law regarding protection of personal data and trade secrets . in order to be accessible , fair , and as swift , efficient and effective as possible , those mediators should meet certain set criteria . ### mediation can offer providers of online intermediation services and their business users a means to resolve disputes in a satisfactory manner , without having to use judicial proceedings which can be lengthy and costly . therefore , providers of online intermediation services should facilitate mediation by , in particular , identifying mediators established in the eu , with which they are willing to engage . in order to be accessible , fair , and as swift , efficient and effective as possible , those mediators should meet certain set criteria that will be set by the platform observatory .


### in order to facilitate the settlement of disputes relating to the provision of online intermediation services using mediation in the union , the commission should encourage the setting up of specialised mediation organisations , which are currently lacking . the involvement of mediators having specialist knowledge of online intermediation services and online search engines as well as of the specific industry sectors within which those services are provided should add to the confidence both parties have in the mediation process and should increase the likelihood of that process leading to a swift , just and satisfactory outcome . ### in order to facilitate the settlement of disputes relating to the provision of online intermediation services using mediation in the union , the commission , in cooperation with the member states , should encourage the setting up of specialised mediation organisations , which are currently lacking . the involvement of mediators having specialist knowledge of online intermediation services and online search engines as well as of the specific industry sectors within which those services are provided should add to the confidence both parties have in the mediation process and should increase the likelihood of that process leading to a swift , just and satisfactory outcome . mediators must be trained in all member states to ensure that all citizens have access to these services in their own language .


### providers of online intermediation services might in certain cases restrict in the terms and conditions the ability of business users to offer goods or services to consumers under more favourable conditions through other means than through those online intermediation services . in those cases , the providers concerned should set out the grounds for doing so , in particular with reference to the main economic , commercial or legal considerations for the restrictions . this transparency obligation should however not be understood as affecting the assessment of the legality of such restrictions under other acts of union law or the law of member states in accordance with union law , including in the areas of competition and unfair commercial practices , and the application of such laws . ### providers of online intermediation services might in certain cases restrict in the terms and conditions included in the provisions listed on the site the ability of business users to offer goods or services to consumers under more favourable conditions through other means than through those online intermediation services . in those cases , the providers concerned should set out the grounds for doing so , in particular with reference to the main economic , commercial or legal considerations for the restrictions . this transparency obligation should however not be understood as affecting the assessment of the legality of such restrictions under other acts of union law or the law of member states in accordance with union law , including in the areas of competition and unfair commercial practices , and the application of such laws .


### they pursue objectives that are in the collective interest of the group of business users or corporate website users that they represent ; ### they pursue objectives that are in the collective interest of the group of a majority of business users or corporate website users that they represent , which group must consist of at least 10 independent business users or corporate website users ;


### where those main parameters include the possibility to influence ranking against any direct or indirect remuneration paid by business users to the provider of online intermediation services concerned , that provider of online intermediation services shall also include in its terms and conditions a description of those possibilities and of the effects of such remuneration on ranking . ### the possibility to influence ranking against any direct or indirect remuneration paid by business users to the provider of online intermediation services concerned shall be prohibited . ranking should be established solely according to objective criteria regarding the quality of the good or service offered . if direct or indirect remuneration by business users to the provider of online intermediation services is offered , this should be explicitly flagged as sponsored content .