### where the presence of a priority pest is officially confirmed in the territory of a member state pursuant to article 11 , the competent authority shall immediately adopt a plan setting out the measures for the eradication of the pest concerned , as provided for in articles 16 , 17 and 18 , and a time schedule for the application of those measures . that plan is referred to as the ‘ eradication plan . ### where the presence of a priority pest is officially confirmed in the territory of a member state pursuant to article 11 , the competent authority shall immediately adopt a plan in line with the principles of sustainable use of pesticides , as defined in directive 2009 / 128 / ec23j establishing a framework for community action to achieve the sustainable use of pesticides , setting out the measures for the eradication of the pest concerned , as provided for in articles 16 , 17 and 18 , and a time schedule for the application of those measures . that plan is referred to as the ' eradication plan . __________________ 23j oj l 309 , 24 . 11 . 2009 , p . 71


### the commission shall , by means of an implementing act , establish and amend a list of the priority pests , hereinafter : ' list of priority pests ' . ### a list of the priority pests , hereinafter : ' list of priority pests ' is set out in annex ib .


### where the results of an assessment show that a union quarantine pest fulfils the conditions referred to in paragraph 1 , or a pest no longer fulfils one or more of those conditions , the commission shall amend the implementing act referred to in the first subparagraph by adding the pest concerned to , or removing it from , that list . ### where the results of an assessment show that a union quarantine pest fulfils the conditions referred to in paragraph 1 , or a pest no longer fulfils one or more of those conditions , the commission shall , under the terms of article 98 , be authorised to adopt delegated acts modifying the list referred to in the first subparagraph by adding the pest concerned to , or removing it from , that list .


### member states and international transport operators shall make information available to passengers concerning the prohibitions , set out pursuant to article 40 , the requirements , set out pursuant to articles 41 and 42 , and the exemptions , set out pursuant to article 70 , as regards the introduction of plants , plant products and other objects into the union territory . ### member states shall ensure that international transport operators make information available to passengers concerning the list of plants , plant products and other objects , drawn up pursuant to article 40 , the requirements , set out pursuant to article 42 , and the exemptions , set out pursuant to article 70 , as regards the introduction of plants , plant products and other objects into the union territory .


### where , as regards a restricted area , the commission concludes , on the basis of the surveys referred to in article 18 or other evidence , that the eradication of the union quarantine pest concerned is not possible , the commission may adopt implementing acts , as referred to in paragraph 1 , which set out measures with the single purpose of prevention of the spread of those pests out of the areas concerned . such prevention is referred to as ' containment ' . ### where , as regards a restricted area , the commission concludes , on the basis of the surveys referred to in article 18 or other evidence , that the eradication of the union quarantine pest concerned is not possible , the commission shall be empowered to adopt delegated acts , in accordance with article 98 , which set out measures with the single purpose of prevention of the spread of those pests out of the areas concerned . such prevention is referred to as ' containment ' .


### the commission shall , by means of an implementing act , establish a list of pests fulfilling the conditions referred to in article 3 , and in respect of the union territory , referred to as ' list of union quarantine pests ' . ### a list of pests fulfilling the conditions referred to in article 3 , and in respect of the union territory , referred to as ' list of union quarantine pests ' is set out in annex ia .


### this regulation lays down rules to determine the phytosanitary risks posed by any species , strain or biotype of pathogenic agents , animals or parasitic plants injurious to plants or plant products and measures to reduce those risks to an acceptable level . ### this regulation lays down rules to determine the phytosanitary risks posed by any species , strain or biotype of pathogenic agents , animals or plants injurious to plants or plant products and measures to reduce those risks to an acceptable level .


### member states and international transport operators shall make information available to passengers concerning the prohibitions , set out pursuant to article 40 , the requirements , set out pursuant to articles 41 and 42 , and the exemptions , set out pursuant to article 70 , as regards the introduction of plants , plant products and other objects into the union territory . ### member states shall ensure that international transport operators make information available to passengers concerning the list of plants , plant products and other objects , pursuant to article 40 , the requirements , set out pursuant to article 42 , and the exemptions , set out pursuant to article 70 , as regards the introduction of plants , plant products and other objects into the union territory .


### ‘ excessive imbalances’ means severe imbalances , including imbalances that jeopardise the proper functioning of economic and monetary union . ### ‘ excessive imbalances’ means severe imbalances , including imbalances that jeopardise the proper functioning of economic and monetary union or social cohesion .


### having regard to the treaty on the functioning of the european union , and in particular article 121 thereof , ### having regard to the treaty on the functioning of the european union , and in particular article 121 , in combination with article 148 and thereof ,


### if macroeconomic imbalances are identified , recommendations should be addressed to the member state concerned to provide guidance on appropriate policy responses . the policy response of the member state concerned to imbalances should be timely and should use all available policy instruments under the control of public authorities . it should be tailored to the specific environment and circumstances of the member state concerned and cover the main economic policy areas , potentially including fiscal and wage policies , labour markets , product and services markets and financial sector regulation . ### if macroeconomic and social imbalances are identified , recommendations should be addressed to the member state concerned to provide guidance on appropriate policy responses . the policy response of the member state concerned to imbalances should be timely and should use all available policy instruments under the control of public authorities . it should be tailored to the specific environment and circumstances of the member state concerned and cover the main economic policy areas , potentially including fiscal and taxation policies , labour markets , product and services markets and financial sector regulation . it should be undertaken in respect of article 9 tfeu , and with a view to the promotion of a high level of employment , the guarantee of adequate social protection and the fight against social exclusion .


### ' imbalances ' means macroeconomic developments which are adversely affecting , or have the potential adversely to affect , the proper functioning of the economy of a member state or of economic and monetary union , or of the union as a whole . ### ' imbalances ' means macroeconomic or social developments which are adversely affecting , or have the potential adversely to affect , the proper functioning of the economy of , or the social cohesion in , a member state , the euro area , or the union as a whole .


### the scoreboard shall be made up of an array of macroeconomic and macrofinancial indicators for member states . the commission may set indicative lower or upper thresholds for these indicators to serve as alert levels . the thresholds applicable to member states whose currency is the euro may be different from those applicable to the other member states . ### the scoreboard shall be made up of an array of macroeconomic , social and macrofinancial indicators for member states . the commission shall set indicative symmetric lower and upper thresholds for these indicators to serve as alert levels , taking into account the starting performance of member states as well as the average position of the union and the euro area and its evolution over time . the thresholds applicable to member states whose currency is the euro may be different from those applicable to the other member states .


### when assessing imbalances , account should be taken of their severity , of the degree to which they may be considered unsustainable and of the potential negative economic and financial spillovers to other member states . the economic adjustment capacity and the track record of the member state concerned as regards compliance with earlier recommendations issued under this regulation and other recommendations issued under article 121 of the treaty as part of multilateral surveillance , in particular the broad guidelines for the economic policies of the member states and of the union , should also be considered . ### when assessing imbalances , account should be taken of their severity , of the degree to which they may be considered unsustainable and particularly of the potential negative economic , social and financial spillovers to other member states . the economic adjustment capacity and the track record of the member state concerned as regards compliance with earlier recommendations issued under this regulation and other recommendations issued under articles 121 and 148 tfeu as part of multilateral surveillance , in particular the broad guidelines for the economic policies of the member states and of the union and the guidelines for the employment policies of the member states , should also be considered .


### the release of the updated scoreboard shall be accompanied by a commission report containing an economic and financial assessment putting the movement of the indicators into perspective , drawing if necessary on any other economic and financial indicator relevant to detection of imbalances . the report shall also indicate whether the crossing of lower or upper thresholds in one or more member states signifies the possible emergence of imbalances . ### the release of the updated scoreboard shall be accompanied by a commission report containing an economic , social and financial assessment putting the movement of the indicators into perspective , drawing if necessary on any other economic , social and financial indicator relevant to detection of imbalances . the report shall also indicate whether the crossing of lower or upper thresholds in one or more member states signifies the possible emergence of imbalances .


### the list shall not be publicly available before all families of the passengers have been informed by the relevant authorities . member states may decide to keep the list confidential . ### the passenger list referred to in paragraph 1 shall be confidential . it shall not be made publicly available before all families of the passengers have been informed by the relevant authorities .


### given its increasing safety responsibilities , the european aviation safety agency should also participate in the exchange of data in the framework of the occurrence reporting systems ; this data should be adequately protected from unauthorised use or disclosure . ### given its increasing safety responsibilities , the european aviation safety agency should also participate in the exchange of data in the framework of the occurrence reporting systems and analyse them in cooperation with all the member states . the findings thereof must be reported to all national accident investigation authorities in the member states . this data should be adequately protected from unauthorised use or disclosure .


### the civil aviation safety system is based on feedback and lessons learned from accidents and incidents which require strict application of confidentiality to ensure the future availability of valuable sources of information ; in this context sensitive safety information should not be used for purposes other than prevention of accidents and incidents unless there is an overriding public interest in its disclosure . ### the civil aviation safety system is based on feedback and lessons learned from accidents and incidents which require strict application of confidentiality and data protection to ensure the future availability of valuable sources of information . in this connection it is necessary to apply the principle of ' a just culture ' under which penalties are not imposed on individuals for actions , omissions or decisions conditioned by their experience and training , while at the same time , gross negligence , wilful violations and destructive acts are not tolerated . in this context sensitive safety information should not be used for purposes other than prevention of accidents and incidents unless there is an overriding public interest in its disclosure . while certain information must remain confidential , for the sake of the families of the victims and the proper administration of justice , it is important to ensure that judicial authorities have access to certain facts and data of relevance to the legal investigation . this must be done in accordance with the relevant instructions issued to protect the continued confidentiality of the information once the judicial authorities have completed their investigations .


### except with the consent of all crew members concerned , cockpit voice and image recordings and their transcripts shall not be made available or used for purposes other than safety investigation . ### cockpit voice and image recordings and their transcripts shall not be made available or used for purposes other than safety investigation unless the safety investigation authority establishes that the accident was caused by a deliberate act or an act of unlawful interference .


### the member states shall ensure that a plan for the assistance of the victims of civil aviation accidents and their families is set up at national level . ### the member states shall ensure that all airlines operating flights from or to their territory provide for a plan for the assistance of the victims of civil aviation accidents and their families .


### the member states shall ensure that a plan for the assistance of the victims of civil aviation accidents and their families is set up at national level . ### the member states shall ensure that an aviation accident emergency plan is set up at national level . at the same time it must be governed by certain common principles in the member states , thereby ensuring a more comprehensive and harmonised response to such ocurrences at european level .


### the commission and easa shall be invited and may be represented at all the meetings of the network and its expert working groups , unless the chairperson of the network decides , on the basis of the criteria specified in the rules of procedure , that such participation would create a conflict of interest with the tasks of the safety investigation authorities . ### the commission and easa shall be invited and may be represented at all the meetings of the network and its expert working groups , unless the chairperson or coordinator of the network decides , on the basis of the criteria specified in the rules of procedure , that such participation would create a conflict of interest with the tasks of the safety investigation authorities . this decision must be duly substantiated .


### community airlines and airlines departing from an airport located in the territory of a member state to which the treaty applies , shall implement procedures allowing to produce a list of all the persons on board an aircraft within one hour of the notification of the occurrence of an accident to this aircraft . ### eu airlines and airlines departing from an airport located in the territory of a member state to which the treaty applies shall implement procedures making it possible before takeoff to produce a list of all the persons on board an aircraft , as well as a list of any dangerous goods on board which could constitute a threat to public health or to the environment .


### in addition , there is demand on the part of content , applications and services providers , for the provision of transmission services based on flexible quality parameters , including lower levels of priority for traffic which is not time - sensitive . the possibility for content , applications and service providers to negotiate such flexible quality of service levels with providers of electronic communications to the public is necessary for the provision of specialised services and is expected to play an important role in the development of new services such as machine - to - machine communications . at the same time such arrangements should allow providers of electronic communications to the public to better balance traffic and prevent network congestion . providers of content , applications and services and providers of electronic communications to the public should therefore be free to conclude specialised services agreements on defined levels of quality of service as long as such agreements do not substantially impair the general quality of internet access services . ### in addition , there is demand on the part of content , applications and services providers , for the provision of transmission services based on flexible quality parameters , including lower levels of priority for traffic which is not time - sensitive . the possibility for content , applications and service providers to negotiate such flexible quality of service levels with providers of electronic communications to the public could foster the development of new services such as machine - to - machine communications . at the same time such arrangements should allow providers of electronic communications to the public to better balance traffic and prevent network congestion . providers of content , applications and services and providers of electronic communications to the public should therefore be free to conclude specialised services agreements on defined levels of quality of service as long as such defined levels of quality are technically necessary for the functionality of the service and these agreements do not impair the quality of internet access services , in accordance with the principle of net neutrality .


### in an open internet , providers of electronic communications to the public should , within contractually agreed limits on data volumes and speeds for internet access services , not block , slow down , degrade or discriminate against specific content , applications or services or specific classes thereof except for a limited number of reasonable traffic management measures . such measures should be transparent , proportionate and non - discriminatory . reasonable traffic management encompasses prevention or impediment of serious crimes , including voluntary actions of providers to prevent access to and distribution of child pornography . minimising the effects of network congestion should be considered reasonable provided that network congestion occurs only temporarily or in exceptional circumstances . ### in an open internet , providers of electronic communications to the public should not block , slow down , degrade or discriminate against specific content , applications or services or specific classes thereof except for a limited number of reasonable traffic management measures . such measures should be transparent , proportionate and non - discriminatory . legally mandated interferences in traffic flows does not constitute traffic management . minimising the effects of network congestion should be considered reasonable provided that network congestion occurs only temporarily or in exceptional circumstances .


### ‘ specialised service’ means an electronic communications service or any other service that provides the capability to access specific content , applications or services , or a combination thereof , and whose technical characteristics are controlled from end - to - end or provides the capability to send or receive data to or from a determined number of parties or endpoints ; and that is not marketed or widely used as a substitute for internet access service ; ### ' specialised service ' means an electronic communications service , operated within closed electronic communications networks using the internet protocol with strict admission control ; and that is not marketed or used as a substitute for internet access service or functionally identical to services available over the public internet access service ;


### within the limits of any contractually agreed data volumes or speeds for internet access services , providers of internet access services shall not restrict the freedoms provided for in paragraph 1 by blocking , slowing down , degrading or discriminating against specific content , applications or services , or specific classes thereof , except in cases where it is necessary to apply reasonable traffic management measures . reasonable traffic management measures shall be transparent , non - discriminatory , proportionate and necessary to : ### providers of internet access services shall not restrict the rights provided for in paragraph 1 by blocking , slowing down , degrading or discriminating against specific content , applications or services , or specific classes thereof , except in cases where it is necessary to apply reasonable traffic management measures . reasonable traffic management measures shall be transparent , non - discriminatory , strictly proportionate and necessary to :


### the freedom of end - users to access and distribute information and lawful content , run applications and use services of their choice is subject to the respect of union and compatible national law . this regulation defines the limits for any restrictions to this freedom by providers of electronic communications to the public but is without prejudice to other union legislation , including copyright rules and directive 2000 / 31 / ec . ### the right of end - users to access and distribute information and lawful content , run applications and use services of their choice is subject to the respect of union and compatible national law . this regulation defines the limits for any restrictions to this right by providers of electronic communications to the public but is without prejudice to other union legislation , including copyright rules and directive 2000 / 31 / ec .


### ‘ specialised service’ means an electronic communications service or any other service that provides the capability to access specific content , applications or services , or a combination thereof , and whose technical characteristics are controlled from end - to - end or provides the capability to send or receive data to or from a determined number of parties or endpoints ; and that is not marketed or widely used as a substitute for internet access service ; ### ‘ specialised service’ means an electronic communications service or any other service operated within closed electronic communications networks using the internet protocol with strict admission control that is not marketed or used as a substitute for internet access service ; and that is not functionally identical to services available over the public internet ;


### within the limits of any contractually agreed data volumes or speeds for internet access services , providers of internet access services shall not restrict the freedoms provided for in paragraph 1 by blocking , slowing down , degrading or discriminating against specific content , applications or services , or specific classes thereof , except in cases where it is necessary to apply reasonable traffic management measures . reasonable traffic management measures shall be transparent , non - discriminatory , proportionate and necessary to : ### providers of internet access services shall not restrict the rights provided for in paragraph 1 by blocking , slowing down , degrading , altering or discriminating against specific content , applications or services , or specific classes thereof , except in certain special cases where it is necessary to apply reasonable traffic management measures . reasonable traffic management measures shall be transparent , non - discriminatory , and strictly proportionate and necessary to


### in order to enable the provision of specialised services to end - users , providers of content , applications and services and providers of electronic communications to the public shall be free to enter into agreements with each other to transmit the related data volumes or traffic as specialised services with a defined quality of service or dedicated capacity . the provision of specialised services shall not impair in a recurring or continuous manner the general quality of internet access services . ### in order to enable the provision of specialised services to end - users , providers of content , applications and services and providers of electronic communications to the public may enter into agreements with each other to transmit the related data volumes or traffic as specialised services with a defined quality of service or dedicated capacity . the provision of specialised services shall not impair the quality of internet access services .


### within the limits of any contractually agreed data volumes or speeds for internet access services , providers of internet access services shall not restrict the freedoms provided for in paragraph 1 by blocking , slowing down , degrading or discriminating against specific content , applications or services , or specific classes thereof , except in cases where it is necessary to apply reasonable traffic management measures . reasonable traffic management measures shall be transparent , non - discriminatory , proportionate and necessary to : ### providers of internet access services shall not restrict the rights provided for in paragraph 1 by blocking , slowing down , degrading , altering or discriminating against specific content , applications or services , or specific classes thereof , except in certain special cases where it is necessary to apply reasonable traffic management measures . reasonable traffic management measures shall be transparent , non - discriminatory , strictly proportionate and necessary to :


### end - users shall also be free to agree with either providers of electronic communications to the public or with providers of content , applications and services on the provision of specialised services with an enhanced quality of service . ### end - users shall also have the right to agree with either providers of electronic communications to the public or with providers of content , applications and services on the provision of specialised services with an enhanced quality of service .


### in addition , there is demand on the part of content , applications and services providers , for the provision of transmission services based on flexible quality parameters , including lower levels of priority for traffic which is not time - sensitive . the possibility for content , applications and service providers to negotiate such flexible quality of service levels with providers of electronic communications to the public is necessary for the provision of specialised services and is expected to play an important role in the development of new services such as machine - to - machine communications . at the same time such arrangements should allow providers of electronic communications to the public to better balance traffic and prevent network congestion . providers of content , applications and services and providers of electronic communications to the public should therefore be free to conclude specialised services agreements on defined levels of quality of service as long as such agreements do not substantially impair the general quality of internet access services . ### in addition , there is demand on the part of content , applications and services providers , for the provision of transmission services based on flexible quality parameters , including lower levels of priority for traffic which is not time - sensitive . the possibility for content , applications and service providers to negotiate such flexible quality of service levels with providers of electronic communications to the public could serve to provide specialised services and is expected to play a role in the development of new services such as machine - to - machine communications . at the same time such arrangements should allow providers of electronic communications to the public to better balance traffic and prevent network congestion . this should however not impair the development of the general purpose internet . providers of content , applications and services and providers of electronic communications to the public should therefore be free to conclude specialised services agreements on defined levels of quality of service as long as such quality characteristics are technically necessary for the functionality of the service and agreements do not impair the quality of internet access services .


### end - users shall be free to access and distribute information and content , run applications and use services of their choice via their internet access service . ### end - users shall have the right to access and distribute information and content , run applications , connect hardware and use services , software and devices of their choice via their internet access service .


### national regulatory authorities shall closely monitor and ensure the effective ability of end - users to benefit from the freedoms provided for in article 23 and , compliance with article 23 , and the continued availability of non - discriminatory internet access services at levels of quality that reflect advances in technology and that are not impaired by specialised services . they shall , in cooperation with other competent national authorities , also monitor the effects of specialised services on cultural diversity and innovation . national regulatory authorities shall report on an annual basis to the commission and berec on their monitoring and findings . ### national regulatory authorities shall closely monitor and ensure the effective ability of end - users to benefit from the freedoms provided for in article 23 and , compliance with article 23 and article 2 , and the continued availability of non - discriminatory internet access services at levels of quality that reflect advances in technology and that are not impaired by specialised services . they shall , in cooperation with other competent national authorities , also monitor the effects of specialised services on cultural diversity and innovation . national regulatory authorities shall report on an annual basis to the public , the commission and berec on their monitoring and findings .


### end - users shall be free to access and distribute information and content , run applications and use services of their choice via their internet access service . ### end - users shall have the right to access and distribute information and content , run applications , connect hardware and use services and software of their choice via their internet access service .


### the focus of activities shall be to reduce congestion , improve accessibility and match user needs by promoting integrated door - to - door transport and logistics ; to enhance inter - modality and the deployment of smart planning and management solutions ; and to drastically reduce the occurrence of accidents and the impact of security threats . ### the focus of activities shall be to reduce congestion , improve accessibility and match user needs by promoting integrated door - to - door transport and logistics ; to accelerate the uptake of intermodal solutions for passengers , to enhance inter - modality and the deployment of smart planning and management solutions ; and to drastically reduce the occurrence of accidents . and the impact of security threats


### business - as - usual is therefore not an option . research and innovation , driven by policy objectives and focused on the key challenges , shall contribute substantially to achieve the union ' s targets of limiting global temperature increase to 2ºc , cutting 60 % of co2 emissions from transport , drastically reduce congestion and accident costs , and virtually eradicating road deaths by 2050 . ### business - as - usual is therefore not an option . research and innovation , driven by policy objectives and focused on the key challenges , shall contribute substantially to achieve the union ' s targets of limiting global temperature increase to 2ºc , cutting 60 % of co2 emissions from transport , drastically reduce congestion and accident costs , and virtually eradicating road deaths by 2050 , achieving close to zero fatalities in road transport and , in line with this goal , aim to halve road casualties by 2020 .


### cover 75 % of the external area of both the front and back surface of the unit packet and any outside packaging ; ### cover 50 % of the external area of both the front and back surface of the unit packet and any outside packaging ;


### the intended shipment route ; ### the intended shipment route , the shipment date , shipment destination , point of departure and consignee ;


### each unit packet and any outside packaging of nicotine - containing products below the thresholds set out in paragraph 1 shall carry the following health warning : ### subject to the provisions of articles 5 , 6 and 12 , each unit packet and any outside packaging of nicotine - containing products below the thresholds set out in paragraph 1 shall carry the following health warning :


### this product contains nicotine and can damage your health . ### this product contains nicotine and damages your health .


### in order to ensure the integrity and the visibility of health warnings and maximise their efficacy , provisions should be made regarding the dimension of the warnings as well as regarding certain aspects of the appearance of the tobacco package , including the opening mechanism . the package and the products may mislead consumers , in particular young people , suggesting that products are less harmful . for instance , this is the case with certain texts or features , such as ‘ low - tar’ , ‘ light’ , ‘ ultra - light’ , ‘ mild’ , ‘ natural’ , ‘ organic’ , ‘ without additives’ , ‘ without flavours’ , ‘ slim’ , names , pictures , and figurative or other signs . likewise , the size and appearance of individual cigarettes can mislead consumers by creating the impression that they are less harmful . a recent study has also shown that smokers of slim cigarettes were more likely to believe that their own brand might be less harmful . this should be addressed . ### in order to ensure the integrity and the visibility of health warnings and maximise their efficacy , provisions should be made regarding the dimension of the warnings as well as regarding certain aspects of the appearance of the tobacco package , including the opening mechanism . the package and the products may mislead consumers , in particular young people , suggesting that products are less harmful . for instance , this is the case with certain texts or features , such as ‘ low - tar’ , ‘ light’ , ‘ ultra - light’ , ‘ mild’ , ‘ natural’ , ‘ organic’ , ‘ without additives’ , ‘ without flavours’ , names , pictures , and figurative or other signs .


### the delegation of powers referred to in articles 3 , 3 , 4 , 4 , 6 , 6 , 6 , 8 , 9 , 10 , 11 , 13 , 13 , 14 , 18 and 18 may be revoked at any time by the european parliament or by the council . a decision to revoke shall put an end to the delegation of the power specified in that decision . it shall take effect the day following the publication of the decision in the official journal of the european union or at a later date specified therein . it shall not affect the validity of any delegated acts already in force . ### the delegation of powers referred to in articles 4 , 4 , 6 , 6 , 6 , 8 , 9 , 10 , 11 , 18 and 18 may be revoked at any time by the european parliament or by the council . a decision to revoke shall put an end to the delegation of the power specified in that decision . it shall take effect the day following the publication of the decision in the official journal of the european union or at a later date specified therein . it shall not affect the validity of any delegated acts already in force .


### this tobacco product can damage your health and is addictive ### this tobacco product damages your health and is addictive


### in order to ensure their graphic integrity and visibility , health warnings shall be irremovably printed , indelible and in no way hidden or interrupted , including by tax stamps , price marks , tracking and tracing marks , security features or by any type of wrapper , pouch , jacket , box or other device or by the opening of the unit packet . ### in order to ensure their graphic integrity and visibility , health warnings shall be irremovably printed , indelible and in no way hidden or interrupted , including by price marks , tracking and tracing marks , security features or by any type of wrapper , pouch , jacket , box or other device or by the opening of the unit packet .


### in order to ensure the integrity and the visibility of health warnings and maximise their efficacy , provisions should be made regarding the dimension of the warnings as well as regarding certain aspects of the appearance of the tobacco package , including the opening mechanism . the package and the products may mislead consumers , in particular young people , suggesting that products are less harmful . for instance , this is the case with certain texts or features , such as ‘ low - tar’ , ‘ light’ , ‘ ultra - light’ , ‘ mild’ , ' natural ' , ' organic ' , ‘ without additives’ , ‘ without flavours’ , ‘ slim’ , names , pictures , and figurative or other signs . likewise , the size and appearance of individual cigarettes can mislead consumers by creating the impression that they are less harmful . a recent study has also shown that smokers of slim cigarettes were more likely to believe that their own brand might be less harmful . this should be addressed . ### in order to ensure the integrity and the visibility of health warnings and maximise their efficacy , provisions should be made regarding the dimension of the warnings as well as regarding certain aspects of the appearance of the tobacco package , including the opening mechanism . the package and the products may mislead consumers , in particular young people , suggesting that products are less harmful . for instance , this is the case with certain texts or features , such as ‘ low - tar’ , ‘ light’ , ‘ ultra - light’ , ‘ mild’ , ' natural ' , ' organic ' , ‘ without additives’ , ‘ without flavours’ , names , pictures , and figurative or other signs . likewise , the size and appearance of individual cigarettes can mislead consumers by creating the impression that they are less harmful . the commission is urged to carry out a scientific study of the real influence of these products on tobacco consumption .


### the power to adopt delegated acts referred to in articles 3 , 3 , 4 , 4 , 6 , 6 , 6 , 8 , 9 , 10 , 11 , 13 , 13 , 14 , 18 and 18 shall be conferred on the commission for an indeterminate period of time from [ office of publications : please insert the date of the entry into force of this directive ] . ### the power to adopt delegated acts referred to in articles 4 , 4 , 6 , 6 , 6 , 8 , 9 , 10 , 11 , 18 and 18 shall be conferred on the commission for a period of [ five ] years from [ office of publications : please insert the date of the entry into force of this directive ] .


### a delegated act pursuant to articles 3 , 3 , 4 , 4 , 6 , 6 , 6 , 8 , 9 , 10 , 11 , 13 , 13 , 14 , 18 and 18 shall enter into force only if no objection has been expressed either by the european parliament or the council within a period of two months of notification of that act to the european parliament and the council or if , before the expiry of that period , the european parliament and the council have both informed the commission that they will not object . that period shall be extended by two months at the initiative of the european parliament or of the council . ### a delegated act pursuant to articles 4 , 4 , 6 , 6 , 6 , 8 , 9 , 10 , 11 , 18 and 18 shall enter into force only if no objection has been expressed either by the european parliament or the council within a period of two months of notification of that act to the european parliament and the council or if , before the expiry of that period , the european parliament and the council have both informed the commission that they will not object . that period shall be extended by two months at the initiative of the european parliament or of the council .


### member states shall not prohibit the use of additives which are essential for the manufacture of tobacco products , as long as the additives do not result in a product with a characterising flavour . ### member states shall prohibit the use of additives .


### member states shall oblige retail outlets intending to engage in cross - border distance sales to consumers located in the union to register with the competent authorities in the member state where the retail outlet is established and in the member state where the actual or potential consumer is located . retail outlets established outside the union have to register with the competent authorities in the member state where the actual or potential consumer is located . all retail outlets intending to engage in cross - border distance sales shall submit at least the following information to the competent authorities : ### member states shall prohibit cross - border distance sales of tobacco products to consumers located in the union .


### member states shall ensure that all unit packets of tobacco products shall be marked with a unique identifier . in order to ensure their integrity , unique identifiers shall be irremovably printed / affixed , indelible and in no way hidden or interrupted in any form , including through tax stamps and price marks , or by the opening of the packet . in relation to products manufactured outside the union the obligations laid down in this article apply only to those destined to or placed on the union market . ### with a view to enabling effective tracking and tracing , member states shall require that unique , secure and non - removable identification markings , such as codes or stamps , are affixed to or form part of all unit packets and packages and any outside packaging of cigarettes . in relation to products manufactured outside the union , the obligations laid down in this article apply only to those destined to or placed on the union market .


### ‘ maximum level’ or ‘ maximum yield’ means the maximum content or emission , including 0 , of a substance in a tobacco product measured in grams ; ### ' maximum level ' or ' maximum yield ' means the maximum content or emission of a substance in a tobacco product measured in grams ;


### by 31 august 2017 , companies shall submit to the verifiers a monitoring plan indicating the method chosen to monitor and report emissions and other climate - relevant information for each of their ships above 5000 gt . ### by 31 august 2015 , companies shall submit to the verifiers a monitoring plan indicating the method chosen to monitor and report emissions and other climate - relevant information for each of their ships above 5000 gt .


### having due regard to articles 93 , 107 and 108 of the treaty , member states may also provide the infrastructure manager with financing consistent with its functions as referred to in point of article 3 , the size of the infrastructure and financial requirements , in particular in order to cover new investments . member states may decide to finance those investments through means other than direct state funding . ### whenever revenues are not sufficient to cover the financing needs of the infrastructure manager , without prejudice to the charging framework of articles 31 and 32 of this directive , and having due regard to articles 93 , 107 and 108 of the treaty , member states shall also provide the infrastructure manager with financing consistent with its tasks , the size of the infrastructure and financial requirements , in particular in order to cover new investments .


### in this context , the commission shall closely involve representatives of the member states and of the sectors concerned in its work , including users , so that they are better able to monitor the development of the railway sector and the evolution of the market , to assess the effect of the measures adopted and to analyse the impact of the measures planned by the commission . ### in this context , the commission shall closely involve representatives of the member states , including representatives of the regulatory bodies referred to in article 55 , and of the sectors concerned in its work , including , where appropriate , the railways sector ' s social partners , users and local and regional authorities representatives , so that they are better able to monitor the development of the railway sector and the evolution of the market , to assess the effect of the measures adopted and to analyse the impact of the measures planned by the commission . where appropriate , the commission shall also involve the european railway agency , in accordance with its functions as provided for in regulation 881 / 2004 .


### where a service facility referred to in point 2 of annex ii , has not been in use for at least three consecutive years and interest by railway undertakings for access to this facility has been expressed to the operator of that service facility on the basis of demonstrated needs , its owner shall publicise the operation of the facility as being for lease or rent as a rail service facility , as a whole or in part , unless the operator of that service facility demonstrates that an on - going process of reconversion prevents its use by any railway undertaking . ### where a service facility referred to in point 2 of annex ii , has not been in use for at least two consecutive years and interest by railway undertakings for access to this facility has been expressed to the operator of that service facility on the basis of demonstrated needs , its owner shall publicise the operation of the facility as being for lease or rent as a rail service facility , as a whole or in part , unless the operator of that service facility demonstrates that an on - going process of reconversion prevents its use by any railway undertaking .


### the regulatory body shall be required to decide on any complaints and take action to remedy the situation within a maximum period of two months from receipt of all information . without prejudice to the powers of the national competition authorities for securing competition in the rail service markets , the regulatory body shall , where appropriate , decide on its own initiative on appropriate measures to correct undesirable developments in these markets , in particular with reference to points to of paragraph 1 . ### the regulatory body shall consider any complaints and , as appropriate , shall ask for relevant information and initiate consultations with all relevant parties , within one month from the receipt of the complaint . it shall decide on any complaints , take action to remedy the situation and inform the relevant parties of its reasoned decision within a pre - determined , reasonable time , and , in any case , within six weeks from receipt of all relevant information . without prejudice to the competences of the national competition authorities for securing competition in the rail service markets the regulatory body shall , where appropriate , decide on its own initiative on appropriate measures to correct discriminations against applicants , market distortions and any other undesirable developments in these markets , in particular with reference to points to of paragraph 1 .


### the delegation of power referred to in articles 20 , 35 , 43 and 56 shall be conferred on the commission for a period of five years from…… the commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five - year period . the delegation of power shall be tacitly extended for periods of an identical duration , unless the european parliament or the council opposes such extension not later than three months before the end of each period . ### the delegation of power referred to in articles . . . shall be conferred on the commission for a period of five years from…… the commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five - year period . the delegation of power shall be tacitly extended for periods of an identical duration , unless the european parliament or the council opposes such extension not later than three months before the end of each period .


### the accounts for the different areas of activity referred to in paragraphs 1 and 3 shall be kept in a way that allows for monitoring of the prohibition on transferring public funds paid to one area of activity to another . ### in order to ensure full transparency of infrastructure costs , the accounts for the different areas of activity referred to in paragraphs 1 and 3 shall be kept in a way that allows monitoring of compliance with the previous paragraphs and monitoring of the use of income from infrastructure charges , surpluses from other commercial activities of and public and private funding paid to the infrastructure manager . the revenues of the infrastructure manager shall in no way be used by a railway undertaking or a body or firm controlling a railway undertaking as this may strengthen its market position or enable it to gain economic advantages over other railway undertakings . this provision shall not prevent , under the supervision of the regulatory body as referred to in article 55 , reimbursement , including interest payment under market conditions , of the capital employed made available by the body or firm controlling the railway undertaking to the infrastructure manager .


### member states shall ensure that , under normal business conditions and over a reasonable period which shall not exceed the period of application of the contractual agreement referred to in article 30 , the accounts of an infrastructure manager shall at least balance income from infrastructure charges , surpluses from other commercial activities and state and private funding on the one hand , including advance payments from the state , where appropriate , and infrastructure expenditure , including for long - term asset renewals and enhancements on the other hand . ### member states shall ensure that , under normal business conditions , the accounts of the infrastructure manager shall over a period of no more than two years at least balance income from infrastructure charges , surpluses from other commercial activities , non - refundable grants from private sources and state funding , including advance payments from the state where appropriate , on the one hand , and infrastructure expenditure on the other , including sustainable financing of long - term asset renewals , where appropriate .


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


### based on the experience of regulatory bodies , competent authorities and railway undertakings and based on the activities of the working group referred to in article 57 , the commission may adopt measures setting out the details of the procedure and criteria to be followed for the application of paragraph 3 of this article . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 62 . ### based on the experience of regulatory bodies , competent authorities and railway undertakings and based on the activities of the network of regulatory bodies referred to in article 57 , the commission shall , within 18 months after the entry into force of this directive , adopt measures setting out the details of the procedure and criteria to be followed for the application of paragraph 3 of this article . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 62 .


### member states shall bring into force the laws , regulations and administrative provisions necessary to comply with this directive including as regards compliance by undertakings , operators , applicants , authorities and other entities concerned by . . . * . they shall forthwith communicate to the commission the text of those provisions . ________________ * oj : please insert date - 36 months from the entry into force of this directive ### member states shall bring into force the laws , regulations and administrative provisions necessary to comply with this directive including as regards compliance by undertakings , operators , applicants , authorities and other entities concerned by . . . * . they shall forthwith communicate to the commission the text of those provisions . ________________ * oj : please insert date - 12 months from the entry into force of this directive


### requests by railway undertakings for access to , and supply of services in the service facility may only be refused if there are viable alternatives allowing them to operate the freight or passenger service concerned on the same or alternative routes under economically acceptable conditions . this shall not oblige the operator of the service facility to make investments in resources or facilities in order to accommodate all requests by railway undertakings . where requests by railway undertakings concern access to , and supply of services in a service facility managed by an operator of the service facility referred to in paragraph 3 , the operator of the service facility shall justify any decision of refusal and indicate viable alternatives in other facilities . ### requests by railway undertakings for access to , and supply of services in the service facility shall be answered within a reasonable time limit set by the regulatory body referred to in article 55 . such requests may only be rejected if there are viable alternatives allowing them to operate the freight or passenger service concerned on the same routes under economically acceptable conditions . this shall not oblige the operator of the service facility to make investments in resources or facilities in order to accommodate all requests by railway undertakings . where requests by railway undertakings concern access to , and supply of services in a service facility managed by an operator of the service facility referred to in paragraph 3 , the operator of the service facility shall in written form justify any negative decision and indicate viable alternatives in other facilities .


### maintenance facilities , with the exception of heavy maintenance services supplied in maintenance facilities exclusively dedicated to specific types of rolling stock , and other technical facilities , including cleaning and washing facilities ; ### maintenance facilities , with the exception of heavy maintenance services supplied in maintenance facilities exclusively dedicated to high - speed rolling stock , and other technical facilities , including cleaning and washing facilities ;


### the infrastructure charges may be differentiated to give incentives to equip trains with the european train control system compliant with the version adopted by the commission decision 2008 / 386 / ec and successive versions . ### trains equipped with the european train control system running on lines equipped with national command control and signalling systems shall enjoy a temporary reduction of the infrastructure charge in accordance with annex vi a . the infrastructure manager shall be able to ensure that such a reduction does not result in a loss of revenue . this reduction shall be offset by higher charges on the same railway line for trains not equipped with etcs .


### the framework conditions , including for public passenger transport services by rail ; ### the framework conditions referred to in paragraph 3 , including for public passenger transport services by rail ;


### maintenance facilities , with the exception of heavy maintenance services supplied in maintenance facilities exclusively dedicated to specific types of rolling stock , and other technical facilities , including cleaning and washing facilities ; ### maintenance and other technical facilities ;


### based on the experience of regulatory bodies , competent authorities and railway undertakings and based on the activities of the working group referred to in article 57 the commission may adopt measures setting out the details of the procedure and criteria to be followed for the application of paragraph 3 of this article . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 62 . ### based on the experience of regulatory bodies , competent authorities and railway undertakings and based on the activities of the network of regulatory bodies referred to in article 57 , the commission shall , within 18 months after the deadline for transposition set in article 64 , adopt measures setting out the details of the procedure and criteria to be followed for the application of paragraph 3 of this article . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 62 .


### following an impact assessment , the commission may adopt measures setting out the detailed arrangements to be followed for the application of the differentiation of the infrastructure charge including its duration of application . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 62 . ### before the deadline for transposition set in article 66 and following an impact assessment , the commission shall adopt measures setting out the modalities to be followed for the application of the differentiation of the infrastructure charge . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 62 .


### the infrastructure charges may be differentiated to give incentives to equip trains with the european train control system compliant with the version adopted by the commission decision 2008 / 386 / ec and successive versions . ### trains equipped with european train control system compliant with the version adopted by the commission decision 2008 / 386 / ec and successive versions running on railway corridors specified in commission decision 2009 / 561 / ec which are not equipped with the european rail traffic management system according to the timetable indicated in this commission decision shall enjoy a temporary reduction of the infrastructure charge in accordance with annex via . the infrastructure charges for the use of railway corridors specified in the commission decision 2009 / 561 / ec which are equipped with the european rail traffic management system according to the timetable indicated in this commission decision shall be differentiated . this differentiation shall give sufficient incentives to equip trains with european train control system and to compensate the cost for railway undertakings of maintaining other rail traffic management systems operational . notwithstanding this obligation , member states may decide that this differentiation does not apply to railway lines on which only etcs equipped trains may run . member states may decide to extend this differentiation to railway lines not specified in commission decision 2009 / 561 / ec .


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


### in this context , the commission shall closely involve representatives of the member states and of the sectors concerned in its work , including users , so that they are better able to monitor the development of the railway sector and the evolution of the market , to assess the effect of the measures adopted and to analyse the impact of the measures planned by the commission . ### in this context , the commission shall closely involve representatives of the member states , including representatives of the regulatory bodies referred to in article 55 , and of the sectors concerned in its work , including , where appropriate , the railways sector ' s social partners , users and local and regional authorities representatives , so that they are better able to monitor the development of the railway sector and the evolution of the market , to assess the effect of the measures adopted and to analyse the impact of the measures planned by the commission . where appropriate , the commission shall also involve the european railway agency , in accordance with its functions as provided for in regulation 881 / 2004 .


### member states shall develop their national railway infrastructure by taking into account , where necessary , the general needs of the union , &#160 ; including the need to cooperate with neighbouring third countries . for this purpose , they shall publish by [ two years after the entry into force of this directive ] an&#160 ; indicative rail infrastructure development strategy with a view to meeting future mobility needs in terms of maintenance , renewal and development of the infrastructure based on sustainable financing of the railway system . the strategy shall cover a period of at least five years and be renewable . ### member states shall develop their national railway infrastructure by taking into account , where necessary , the general needs of the union , &#160 ; including the need to cooperate with neighbouring third countries . for this purpose , they shall publish at the latest two years after the entry into force of this directive , after consultation with the interested parties , an&#160 ; indicative rail infrastructure development strategy with a view to meeting future mobility needs in terms of maintenance , renewal and development of the infrastructure based on sustainable financing of the railway system . the strategy shall cover a period of at least five years and be renewable .


### based on the experience gained by infrastructure managers , railway undertakings , regulatory bodies and competent authorities , and recognising existing schemes on noise differentiation , the commission may adopt implementing measures setting out the detailed arrangements to be followed for the application of the charging for the cost of noise effects including its duration of application and enabling the differentiation of infrastructure charges to take into account , where appropriate , the sensitivity of the area affected , in particular in terms of the size of population affected and the train composition with an impact on the level of noise emissions . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 62 . ### based on the experience gained by infrastructure managers , railway undertakings , regulatory bodies and competent authorities , and recognising existing schemes on noise differentiation , the commission shall propose measures setting out the modalities to be followed for the application of the charging for the cost of noise effects including its duration of application and enabling the differentiation of infrastructure charges to take into account , where appropriate , the sensitivity of the area affected , in particular in terms of the size of population affected and the train composition with an impact on the level of noise emissions . these measures shall not result in an undue distortion of competition between railway undertakings and take into account the overall competitiveness of the rail sector .


### the regulatory body shall have the necessary organisational capacity to carry out its functions . ### the regulatory body shall have the necessary organisational capacity in terms of human and material resources , which shall be proportionate to the importance of the rail sector in the member state .


### based on the experience of regulatory bodies , competent authorities and railway undertakings and based on the activities of the working group referred to in article 57 , the commission may adopt measures setting out the details of the procedure and criteria to be followed for the application of paragraphs 1 , 2 and 3 of this article . those implementing acts , shall be adopted in accordance with the examination procedure referred to in article 62 . ### based on the experience of regulatory bodies , competent authorities and railway undertakings and based on the activities of the network of regulatory bodies referred to in article 57 , the commission shall , within 18 months from the entry into force of this directive , adopt measures setting out the details of the procedure and criteria to be followed for the application of paragraphs 1 , 2 and 3 of this article . those implementing acts , shall be adopted in accordance with the examination procedure referred to in article 62 .


### a railway undertaking shall be entitled to apply for a licence in the member state in which it is established . ### a railway undertaking shall be entitled to apply for a licence in the member state in which it is established . in the member states which are bordering with third countries , with the network whose track gauge is different from the main rail network within the union and whose rail freight markets are dominated by the rail freight carriages to and from third countries , the licensing authorities when making decision on the issue of licences to railway undertakings which are directly or indirectly effectively controlled through the ownership shares of third country or nationals of third country , may take into account existence or non - existence of reciprocal access for the eu rail undertakings to the rail freight market of the respective third country .


### having due regard to articles 93 , 107 and 108 of the treaty , member states may also provide the infrastructure manager with financing consistent with its functions as referred to in point of article 3 , the size of the infrastructure and financial requirements , in particular in order to cover new investments . member states may decide to finance those investments through means other than direct state funding . ### whenever revenues are not sufficient to cover the financing needs of the infrastructure manager , without prejudice to the charging framework of articles 31 and 32 of this directive , and having due regard to articles 93 , 107 and 108 of the treaty , member states shall also provide the infrastructure manager with financing consistent with its tasks , the size of the infrastructure and financial requirements , in particular in order to cover new investments .


### based on the experience of regulatory bodies , competent authorities and railway undertakings and based on the activities of the working group referred to in article 57 the commission may adopt measures setting out the details of the procedure and criteria to be followed for the application of paragraphs 1 , 2 and 3 of this article . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 62 . ### based on the experience of regulatory bodies , competent authorities and railway undertakings and based on the activities of the network of regulatory bodies referred to in article 57 , the commission shall , within 18 months after the deadline for transposition set in article 64 , adopt measures setting out the details of the procedure and criteria to be followed for the application of paragraphs 1 , 2 and 3 of this article . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 62 .


### member states shall ensure that , under normal business conditions and over a reasonable period [ … ] which shall not exceed the period of the contractual agreement referred to in article 30 , the accounts of an infrastructure manager shall at least balance income from infrastructure charges , surpluses from other commercial activities and state and private funding on the one hand , including advance payments from the state , where appropriate , and infrastructure expenditure , including for long - term asset renewals and enhancements on the other hand . ### member states shall ensure that , under normal business conditions and over a reasonable period which shall not exceed the period of the contractual agreement referred to in article 30 and in any case a period of five years , the accounts of an infrastructure manager shall at least balance income from infrastructure charges , surpluses from other commercial activities , non refundable incomes from private sources and state funding on the one hand , including advance payments from the state , where appropriate , and infrastructure expenditure , including for long - term asset renewals and enhancements on the other hand .


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


### based on the experience gained by infrastructure managers , railway undertakings , regulatory bodies and competent authorities , and recognising existing schemes on noise differentiation , the commission may adopt implementing measures setting out the detailed arrangements to be followed for the application of the charging for the cost of noise effects including its duration of application and enabling the differentiation of infrastructure charges to take into account , where appropriate , the sensitivity of the area affected , in particular in terms of the size of population affected and the train composition with an impact on the level of noise emissions . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 62 . ### annex viii , point 2 may be amended in the light of experience , in accordance with the procedure referred to in article 60a , in particular to specify the elements of differentiated infrastructure charges provided that this does not lead to a distortion of competition within the rail transport sector or with road transport to the detriment of rail transport .


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


### the evolution of the internal market in rail services ; ### the evolution of the internal market in rail services and services to be supplied to railway undertakings , as referred to in annex ii ;


### before . . . * , the commission shall adopt measures setting out the methodology for the calculation of the cost that is directly incurred as a result of operating the train . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 62 . ––––––––––––––––– *oj : please insert date - 36 months after the entry into force of this directive . ### before the deadline for transposition set in article 64 , the commission shall adopt measures setting out the methodology for the calculation of the cost that is directly incurred as a result of operating the train . those delegated acts shall be adopted in accordance with the examination procedure referred to in article 60 .


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


### the regulatory body shall be required to decide on any complaints and take action to remedy the situation within a maximum period of two months from receipt of all information . without prejudice to the powers of the national competition authorities for securing competition in the rail service markets , the regulatory body shall , where appropriate , decide on its own initiative on appropriate measures to correct undesirable developments in these markets , in particular with reference to points to of paragraph 1 . ### the regulatory body shall consider any complaints and , as appropriate , shall ask for relevant information and initiate consultations with all relevant parties , within one month from the receipt of the complaint . it shall decide on any complaints , take action to remedy the situation and inform the relevant parties of its reasoned decision within a pre - determined , reasonable time , and , in any case , within six weeks from receipt of all relevant information . without prejudice to the competences of the national competition authorities for securing competition in the rail service markets the regulatory body shall , where appropriate , decide on its own initiative on appropriate measures to correct discriminations against applicants , market distortions and any other undesirable developments in these markets , in particular with reference to points to of paragraph 1 .


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


### to guarantee full transparency and non - discrimination of access to the service facilities referred to in point 2 , , and of annex ii , and the supply of services in these facilities where the operator of such a service facility is under direct or indirect control of a body or firm which is also active and holds a dominant position in national railway transport services markets for which the facility is used , the operators of these service facilities shall be organised in such a way that they are independent of this body or firm in organisational and decision - making terms . such independence shall not entail the establishment of a separate body or firm for service facilities and may be fulfilled with the organisation of distinct divisions within a single undertaking . ### to guarantee full transparency and non - discrimination of access to the service facilities referred to in point 2 of annex ii , and the supply of services in these facilities where the operator of such a service facility is under direct or indirect control of a body or firm which is also active and holds a dominant position in national railway transport services markets for which the facility is used , the operators of these service facilities shall be organised in such a way that they are independent of this body or firm in organisational and decision - making terms . such independence shall not entail the requirement of the establishment of a separate legal entity for service facilities and may be fulfilled with the organisation of distinct divisions within a single legal entity .


### in this context , the commission shall closely involve representatives of the member states and of the sectors concerned in its work , including users , so that they are better able to monitor the development of the railway sector and the evolution of the market , to assess the effect of the measures adopted and to analyse the impact of the measures planned by the commission . ### in this context , the commission shall closely involve representatives of the member states , including representatives of the regulatory bodies referred to in article 55 , and of the sectors concerned in its work , including local and regional authorities concerned , the railways sector ' s social partners and users , so that they are able better to monitor the development of the railway sector and the evolution of the market , to assess the effect of the measures adopted and to analyse the impact of the measures planned by the commission . the commission shall also involve the european railway agency where appropriate .


### the competent authorities and the railway undertakings providing the public services shall provide the relevant regulatory body or bodies with the information reasonably required to reach a decision . the regulatory body shall consider the information provided , consulting all the relevant parties as appropriate , and shall inform the relevant parties of its reasoned decision within a pre - determined , reasonable time , and , in any case , within two months of receipt of all relevant information . ### the competent authorities and the railway undertakings providing the public services shall provide the relevant regulatory body or bodies with the information reasonably required to reach a decision . the regulatory body shall consider the information provided , consulting all the relevant parties as appropriate , and shall inform the relevant parties of its reasoned decision within one month from the receipt of the complaint .


### for the purposes of the market monitoring by the commission , member states shall supply to the commission on an annual basis the necessary information on the use of the networks and the evolution of framework conditions in the rail sector . ### for the purposes of the market monitoring by the commission , member states shall , while respecting the role of the social partners , supply to the commission on an annual basis the necessary information on the use of the networks and the evolution of framework conditions in the rail sector .


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


### member states shall deploy no later than 1 october 2015 the necessary ecall psap infrastructure required for the proper receipt and handling of all ecalls , if necessary purged of non - emergency calls , on their territory , in accordance with the specifications laid down by delegated regulation no 305 / 2013 , in order to ensure the compatibility , interoperability and continuity of the interoperable eu - wide ecall service . this is without prejudice to the right of each member state to organise its emergency services in the way most cost effective and appropriate to its needs , including the possibility to filter calls that are not emergency calls and may not be handled by ecall psaps , in particular in the case of manually triggered ecalls ; ### member states shall deploy no later than 1 june 2016 the necessary ecall psap infrastructure required for the proper receipt and handling of all ecalls , if necessary purged of non - emergency calls , on their territory , in accordance with the specifications laid down by delegated regulation no 305 / 2013 , in order to ensure the compatibility , interoperability and continuity of the interoperable eu - wide ecall service . member states shall also ensure that the level of accuracy and reliability of caller location of a call to 112 with a gnss - enabled mobile terminal is equivalent to that of an ecall , in accordance with directive 95 / 46 / ec on data protection . this is without prejudice to the right of each member state to organise its emergency services in the way most cost effective and appropriate to its needs , including the possibility to filter calls that are not emergency calls and may not be handled by ecall psaps , in particular in the case of manually triggered ecalls ;


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


### the comprehensive and adequate monitoring of group risks in large , complex , internationally operating conglomerates , as well as the supervision of the group - wide capital policies of these groups , is only possible when competent authorities gather supervisory information and plan supervisory measures beyond the national scope of their mandate . it is therefore necessary that competent authorities coordinate supplementary supervision on international conglomerates among the competent authorities which are regarded as most relevant for the supplementary supervision of a conglomerate . the college of a financial conglomerate ' s relevant competent authorities should reflect the supplementary nature of this directive , and as such it should add value to existing colleges for the banking subgroup and the insurance subgroup in the conglomerate , without replicating , duplicating or replacing them . ### the comprehensive and adequate monitoring of group risks in large , complex , internationally operating conglomerates , as well as the supervision of the group - wide capital policies of these groups , is only possible when competent authorities gather supervisory information and plan supervisory measures beyond the national scope of their mandate . it is therefore necessary that competent authorities coordinate supplementary supervision on international conglomerates among the competent authorities which are regarded as most relevant for the supplementary supervision of a conglomerate through the joint committee . the college of a financial conglomerate ' s relevant competent authorities should reflect the supplementary nature of this directive , and as such it should add value to existing colleges for the banking subgroup and the insurance subgroup in the conglomerate , without replicating , duplicating or replacing them . it is also necessary that the legal and operational structure of financial conglomerates with cross - border activities , including all legal entities within the financial conglomerate , is tracked by the joint committee and made available to the relevant competent authorities , the commission and the european systemic risk board and , where appropriate , made public .


### with effect from 1 july 2012 , the retail charge of a euro - data tariff which a home provider may levy from its roaming customer for the provision of a regulated roaming data shall not exceed eur 0 , 90 per megabyte . the price ceiling for data used shall decrease to eur 0 , 70 and eur 0 , 50 , per megabyte used on 1 july 2013 and on 1 july 2014 respectively . without prejudice to articles 13 and 19 , the regulated maximum retail charge shall remain at eur 0 , 50 , per megabyte used until 30 june 2016 . ### with effect from 1 july 2012 , the retail charge of a euro - data tariff which a home provider may levy from its roaming customer for the provision of a regulated roaming data shall not exceed eur 0 , 50 per megabyte . the price ceiling for data used shall decrease to eur 0 , 30 and eur 0 , 20 , per megabyte used on 1 july 2013 and on 1 july 2014 respectively . without prejudice to article 19 , the regulated maximum retail charge shall remain at eur 0 , 20 , per megabyte used until 30 june 2017 .


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


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


### sending regulated roaming sms messages while in the visited member state . ### sending regulated roaming sms messages while in the visited country .


### each home provider shall also ensure that an appropriate notification is sent to the roaming customer ' s mobile telephone or other device , for example by an sms message , an e - mail or a pop - up window on the computer , when the data roaming services have reached 80 % of the agreed financial or volume limit . customers shall have the right to require their operators to stop sending such notifications and shall have the right at any time and free of charge to require the home provider to provide the service again . ### each home provider shall also ensure that an appropriate notification is sent to the roaming customer ' s mobile telephone or other device , for example by an sms message , an e - mail or a pop - up window on the computer , when the data roaming services have reached 50% and 80% of the agreed financial or volume limit . customers who are at least 18 years old shall have the right to require their operators to stop sending such notifications and shall have the right at any time and free of charge to require the home provider to provide the service again .


### with effect from 1 july 2012 , the retail charge of a euro - data tariff which a home provider may levy from its roaming customer for the provision of a regulated roaming data shall not exceed eur 0 , 90 per megabyte . the price ceiling for data used shall decrease to eur 0 , 70 and eur 0 , 50 , per megabyte used on 1 july 2013 and on 1 july 2014 respectively . without prejudice to articles 13 and 19 , the regulated maximum retail charge shall remain at eur 0 , 50 , per megabyte used until 30 june 2016 . ### with effect from 1 july 2012 , the retail charge of a euro - data tariff which a home provider may levy from its roaming customer for the provision of a regulated roaming data shall not exceed eur 0 , 50 per megabyte . the price ceiling for data used shall decrease to eur 0 , 30 and eur 0 , 10 , per megabyte used on 1 july 2013 and on 1 july 2014 respectively , after which data roaming charges will be aligned with domestic rates , which must not exceed the eurotariff set here , by 1 july 2015 .


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


### sending regulated roaming sms messages while in the visited member state . ### sending roaming sms messages while in the visited country .


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


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


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


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