### in order to facilitate effective fraud prevention and combat payment fraud across the union , provision should be made for the efficient exchange of data between payment service providers who should be allowed to collect , process and exchange personal data relating to persons involved in payment fraud . directive 95 / 46 / ec of the european parliament and of the council37 , the national rules which transpose directive 95 / 46 / ec and regulation no 45 / 2001 of the european parliament and of the council38 are applicable to the processing of personal data for the purposes of this directive . __________________ 37 directive 95 / 46 / ec of the european parliament and of the council of 24 october 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data . 38 regulation no 45 / 2001 of the european parliament and of the council of 18 december 2000 on the protection of individuals with regard to the processing of personal data by the community institutions and bodies and on the free movement of such data . ### provision of payment services may entail processing of personal data . directive 95 / 46 / ec of the european parliament and of the council37 , the national rules which transpose directive 95 / 46 / ec and regulation no 45 / 2001 of the european parliament and of the council38 are applicable to the processing of personal data for the purposes of this directive . __________________ 37 directive 95 / 46 / ec of the european parliament and of the council of 24 october 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data . 38 regulation no 45 / 2001 of the european parliament and of the council of 18 december 2000 on the protection of individuals with regard to the processing of personal data by the community institutions and bodies and on the free movement of such data .


### in order to ensure consistent application of this directive , the commission should be able to rely on the expertise and support of eba , which should have the task to elaborate guidelines and prepare regulatory technical standards on security aspects regarding payment services , and on the cooperation between member states in the context of the provision of services and establishment of authorised payment institutions in other member states . the commission should be empowered to adopt those regulatory technical standards . these specific tasks are fully in line with the role and responsibilities of eba defined in regulation no 1093 / 2010 , under which the eba has been set up . ### in order to ensure consistent application of this directive , the commission should be able to rely on the expertise and support of eba , which should have the task to prepare implementing technical standards on security aspects regarding payment services , and on the cooperation between member states in the context of the provision of services and establishment of authorised payment institutions in other member states . the commission should be empowered to adopt those regulatory technical standards . these specific tasks are fully in line with the role and responsibilities of eba defined in regulation no 1093 / 2010 , under which the eba has been set up .


### a payment institution which under the national law of its home member state is required to have a registered office , shall have its head office in the same member state as its registered office . ### a payment institution which under the national law of its home member state is required to have a registered office , shall have its head office in the same member state as its registered office and in which it actually carries out its business operations .


### eba shall develop draft regulatory technical standards setting technical requirements regarding access to the information contained in the public registers referred to in article 13 at the union level . eba shall submit those draft regulatory technical standards to the commission by [ …within two years of the date of entry into force of this directive ] . ### eba shall develop draft regulatory technical standards setting technical requirements regarding access to the information contained in the public registers referred to in article 13 at the union level after consulting an advisory panel set up for the purposes of implementation of this directive and representing i . a non - banking actors . eba shall submit those draft regulatory technical standards to the commission by [ …within two years of the date of entry into force of this directive ] .


### to require the payment institution to provide any information needed to monitor compliance ; ### to require the payment institution to provide any information needed to monitor compliance by means of formal decision , specifying the legal basis and the purpose of the request , what information is required and the time limit by which the information should be provided .


### where a currency conversion service is offered prior to the initiation of the payment transaction and where that currency conversion service is offered at the point of sale or by the payee , the party offering the currency conversion service to the payer shall disclose to the payer all charges as well as the exchange rate to be used for converting the payment transaction . ### where a currency conversion service is offered prior to the initiation of the payment transaction and where that currency conversion service is offered at an atm , the point of sale or by the payee , the party offering the currency conversion service to the payer shall disclose to the payer all charges as well as the exchange rate to be used for converting the payment transaction .


### for the purposes of point of paragraph 1 , the payment service user shall , in particular , as soon as he in receipt of a payment instrument , take all reasonable steps to keep its personalised security features safe . the payment service users ' obligations of care shall not inhibit the use of any payment instrument and services authorised under this directive . ### for the purposes of point of paragraph 1 , the payment service user shall , in particular , as soon as he in receipt of a payment instrument , take all reasonable steps to keep its personalised security credentials safe . the payment service users ' obligations of care shall not inhibit the use of any payment instrument and services authorised under this directive .


### to make sure that the personalised security features of the payment instrument are not accessible to parties other than the payment service user entitled to use the payment instrument , without prejudice to the obligations on the payment service user set out in article 61 ; ### to make sure that the personalised security credentials of the payment instrument are not accessible to parties other than the payment service user entitled to use the payment instrument , without prejudice to the obligations on the payment service user set out in article 61 ;


### the payment service provider shall bear the risk of sending a payment instrument to the payer or of sending any personalised security features of it . ### the payment service provider shall bear the risk of sending a payment instrument to the payer or of sending any personalised security credentials of it .


### without prejudice to articles 14 and 15 of directive [ nis directive ] [ op please insert number of directive once adopted ] , eba shall , in close cooperation with the ecb , develop guidelines with regard to the establishment , implementation and monitoring of the security measures , including certification processes when relevant . it shall , inter alia , take into account the standards and / or specifications published by the commission under article 16 of directive [ nis directive ] [ op please insert number of directive once adopted ] . ### without prejudice to articles 14 and 15 of directive [ nis directive ] [ op please insert number of directive once adopted ] , eba shall , in close cooperation with the ecb , and after consulting an advisory panel set up for the purposes of implementation of this directive and representing i . a . non - banking actors , develop guidelines with regard to the establishment , implementation and monitoring of the security measures , including certification processes when relevant . it shall , inter alia , take into account the standards and / or specifications published by the commission under article 16 of directive [ nis directive ] [ op please insert number of directive once adopted ] .


### without prejudice to articles 14 and 15 of directive [ nis directive ] [ op please insert number of directive once adopted ] , eba shall , in close cooperation with the ecb , develop guidelines with regard to the establishment , implementation and monitoring of the security measures , including certification processes when relevant . it shall , inter alia , take into account the standards and / or specifications published by the commission under article 16 of directive [ nis directive ] [ op please insert number of directive once adopted ] . ### without prejudice to articles 14 and 15 of directive [ nis directive ] [ op please insert number of directive once adopted ] , eba shall , in close cooperation with the ecb , develop implementing technical standards with regard to the establishment , implementation and monitoring of the security measures , including certification processes when relevant . it shall , inter alia , take into account the standards and / or specifications published by the commission under article 16 of directive [ nis directive ] [ op please insert number of directive once adopted ] .


### eba shall , in close cooperation with the ecb , review the guidelines on a regularly basis , but at least every two years . ### eba shall , in close cooperation with the ecb , review the implementing technical standards on a regularly basis .


### eba shall , in close cooperation with the ecb , issue guidelines addressed to payment service providers as set out in article 1 of this directive in accordance with article 16 of regulation no 1093 / 2010 on state of the art customer authentication and any exemption to the use of strong customer authentication . those guidelines shall be issued by and be updated on a regular basis as appropriate . ### eba shall , in close cooperation with the ecb , develop implementing technical standards addressed to payment service providers as set out in article 1 of this directive in accordance with article 16 of regulation no 1093 / 2010 on state of the art customer authentication and any exemption to the use of strong customer authentication . those standards shall enter into force before the final date of transposition of this directive and be updated on a regular basis as appropriate .


### draft legislative resolution ### recalls its resolution of 8 june 2011 on investing in the future : a new multiannual financial framework for a competitive , sustainable and inclusive europe1 ; reiterates that , regardless of realisable savings and reallocations , sufficient additional resources are needed in the next mff to enable the union to fulfil its existing policy priorities and the new tasks provided for in the treaty of lisbon , as well as to respond to unforeseen events ; challenges the council , if it does not share this approach , to clearly identify which of its political priorities or projects could be dropped altogether , despite their proven european added value ; ___________ 1 texts adopted , p7_ta0266 .


### a basic act may provide for the application of the examination procedure or the advisory procedure , according to the type of implementing measures concerned . ### a basic act may provide for the application of the examination procedure or the advisory procedure , taking into account the nature and impact of the implementing measures concerned .


### the commission should be empowered to adopt delegated acts in accordance with article 290 of the treaty . in particular , delegated acts should be adopted in respect of the conditions for buy - back programmes and stabilisation of financial instruments , the indicators for manipulative behaviour listed in annex 1 , the threshold for determining the application of the public disclosure obligation to emission allowance market participants , the conditions for drawing up insider lists and the threshold and conditions relating to managers ' transactions . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level . the commission , when preparing and drawing - up delegated acts , should ensure a simultaneous , timely and appropriate transmission of relevant documents to the european parliament and council . ### the commission should be empowered to adopt delegated acts in accordance with article 290 of the treaty . in particular , delegated acts should be adopted in respect of the conditions for buy - back programmes and stabilisation of financial instruments , the indicators for manipulative behaviour listed in annex 1 , the threshold for determining the application of the public disclosure obligation to emission allowance market participants , the conditions for drawing up insider lists , the threshold and conditions relating to managers ' transactions and the procedures for notifying breaches of this regulation . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level . the commission , when preparing and drawing - up delegated acts , should ensure a simultaneous , timely and appropriate transmission of relevant documents to the european parliament and council .


### for the purposes of applying paragraph 1 , information which , if it were made public , would be likely to have a significant effect on the prices of the financial instruments , the related spot commodity contracts , or the auctioned products based on the emission allowances shall mean information a reasonable investor would be likely to use as part of the basis of his investment decisions . ### for the purposes of supplementing paragraph 1 to , information which , if it were made public , would be reasonably likely to have a significant effect on the market prices of the relevant financial instruments , the related spot commodity contracts , or the auctioned products based on the emission allowances , shall mean information a reasonable investor with relevant market knowledge and experience who regularly deals on the market and in the financial instrument , physical commodity contracts , or the auctioned products based on the emission allowances , in a professional capacity , would be likely to use as a material part of the basis of his investment decisions , including whether to acquire or dispose of that financial instrument , spot commodity contract , or auction product , or the quantity of which to acquire or dispose , and / or the price at which to do so .


### a competent authority may permit the delay by an issuer of a financial instrument of the public disclosure of inside information provided that the following conditions are satisfied : ### a competent authority may decide that an issuer of a financial instrument should delay public disclosure of inside information when the following conditions are satisfied :


### article 8a of the directive 2002 / 21 / ec of the european parliament and of the council of 7 march 2002 on a common regulatory framework for electronic communications networks and services provides that the commission may submit a legislative proposal to the european parliament and council for establishing multiannual radio spectrum policy programmes setting out policy orientations and objectives for the strategic planning and harmonisation of the use of spectrum in accordance with the directives applicable to electronic communications networks and services . these policy orientations and objectives should refer to the availability and efficient use of spectrum necessary for the establishment and functioning of the internal market . this decision is without prejudice to existing eu law , in particular directives 1999 / 5 / ec and directives 2002 / 20 / ec and 2002 / 21 / ec , as well as decision no 676 / 2002 / ec . it is also without prejudice to measures taken at national level , in compliance with eu law , to pursue general interest objectives , in particular relating to content regulation and audio - visual policy and to the right of member states to organise and use their spectrum for public order and public security purposes and defence . ### article 8a of the directive 2002 / 21 / ec of the european parliament and of the council of 7 march 2002 on a common regulatory framework for electronic communications networks and services provides that the commission may submit a legislative proposal to the european parliament and council for establishing multiannual radio spectrum policy programmes setting out policy orientations and objectives for the strategic planning and harmonisation of the use of spectrum in accordance with the directives applicable to electronic communications networks and services . these policy orientations and objectives should refer to the availability and efficient use of spectrum necessary for the establishment and functioning of the internal market . this decision is without prejudice to existing eu law , in particular directives 1999 / 5 / ec , 2002 / 19 / ec , 2002 / 20 / ec , 2002 / 21 / ec and 2009 / 140 / ec , as well as decision no&#160 ; 676 / 2002 / ec . it is also without prejudice to measures taken at national level , in compliance with eu law , to pursue general interest objectives , in particular relating to content regulation and audio - visual policy and to the right of member states to organise and use their spectrum for public order and public security purposes and defence .


### the first programme should specify guiding principles and objectives up to 2015 for member states and union institutions , and set out specific implementation initiatives . while spectrum management is still largely a national competence , it should be exercised in compliance with existing union law and allow for action to pursue union policies . ### the first programme should specify guiding principles and objectives up to 2015 for member states and union institutions , and set out specific implementation initiatives . while spectrum management is largely a national competence , it should be exercised in compliance with existing union law and allow for action to pursue union policies .


### the commission should report to the european parliament and the council on the results achieved under this decision , as well as on planned future actions . ### the commission should report to the european parliament and the council at regular intervals on the results achieved under this decision , as well as on planned future actions .


### encouraging efficient use of spectrum to best meet the increasing demand for use of frequencies ; ### encouraging efficient use of spectrum to meet the increasing demand for use of frequencies as effectively as possible and across the board ;


### guaranteeing the functioning of the internal market , in particular by ensuring effective competition . ### guaranteeing the functioning of the internal market , in particular by ensuring effective competition and efficient coordination of spectrum harmonisation and standardisation .


### member states shall adopt by 1&#160 ; january 2013 authorisation and allocation measures appropriate for the development of broadband services , in conformity with directive 2002 / 20 / ec of the european parliament and of the council on the authorisation of electronic communications networks and services , such as allowing relevant operators , where possible and on the basis of consultations in accordance with article&#160 ; 11 , direct or indirect access to contiguous blocks of spectrum of at least 10&#160 ; mhz . ### member states shall adopt by 1&#160 ; january 2013 authorisation and allocation measures appropriate for the development of broadband services , in conformity with directive 2002 / 20 / ec of the european parliament and of the council on the authorisation of electronic communications networks and services .


### member states and the commission shall cooperate to develop and harmonise standards for radio equipment and telecommunications terminals as well as for electric and electronic equipment and networks based where necessary upon standardisation mandates from the commission to the relevant standardisation bodies . ### member states and the commission shall cooperate to develop and harmonise standards for radio equipment and telecommunications terminals as well as for electric and electronic equipment and networks based where necessary upon standardisation mandates from the commission to the relevant standardisation bodies . efficient coordination of spectrum harmonisation and standardisation will be particularly important in this regard so that consumers can use appliances that depend on radio spectrum without restriction and throughout the internal market .


### the commission , assisted by the member states , which shall provide all appropriate information on spectrum use , shall create an inventory of existing spectrum use and of possible future needs for spectrum in the union , in particular in the range from 300 mhz to 3 ghz . ### the commission , assisted by the member states , which shall provide all appropriate information on spectrum use , shall create an inventory of existing spectrum use and identify future demand for spectrum in the union across the entire range .


### the inventory referred to in paragraph shall allow the assessment of the technical efficiency of existing spectrum uses and the identification of inefficient technologies and applications , unused or inefficiently used spectrum and spectrum sharing opportunities . it shall take into account future needs for spectrum based on consumers ' and operators ' demands , and of the possibility to meet such needs . ### the inventory referred to in paragraph shall , on the basis of clearly defined and transparent criteria and methods , allow the assessment of the technical efficiency of existing spectrum uses and the identification of inefficient technologies and applications , unused or inefficiently used spectrum and spectrum sharing opportunities . it shall take into account future needs for spectrum based on consumers ' and operators ' demands , and of the possibility to meet such needs .


### the mechanism shall not affect member states ' responsibility to protect people , the environment and property on their territory against disasters and endowing their emergency management systems with sufficient capabilities to enable them to cope adequately with disasters of a magnitude and nature that can reasonably be expected and prepared for . ### the mechanism shall not affect member states ' responsibility to protect people , the environment and property on their territory against disasters . it shall supplement member states’ national funding so as to endow their emergency management systems with sufficient capabilities to enable them to cope adequately with disasters of a magnitude and nature that can reasonably be expected and prepared for .


### each participating member state shall submit to the council and commission information necessary for the purpose of multilateral surveillance at regular intervals under article 121 of the treaty in the form of a stability programme , which provides an essential basis for price stability and for strong sustainable growth conducive to employment creation . ### each participating member state shall submit to the council and commission information necessary for the purpose of multilateral surveillance at regular intervals under article 121 of the treaty in the form of a stability programme , which provides an essential basis for price stability , competitiveness and for strong sustainable growth conducive to employment creation .


### each member state with a derogation shall submit to the council and the commission information necessary for the purpose of multilateral surveillance of regular intervals under article 121 of the treaty in the form of a convergence programme , which provides an essential basis for price stability and for strong sustainable growth conducive to employment creation . ### each member state with a derogation shall submit to the council and the commission information necessary for the purpose of multilateral surveillance of regular intervals under article 121 of the treaty in the form of a convergence programme , which provides an essential basis for price stability , competitiveness and for strong sustainable growth conducive to employment creation .


### to support the achievement of the objectives of directive 2009 / 147 / ec of the european parliament and of the council of 30 november 2009 on the conservation of wild birds7 , council directive 92 / 43 / eec of 21 may 1992 on the conservation of natural habitats and of wild fauna and flora8 , directive 2008 / 56 / ec of the european parliament and of the council of 17 june 2008 establishing a framework for community action in the field of marine environmental policy 9 and directive 2000 / 60 / ec of the european parliament and of the council of 23 october 2000 establishing a framework for community action in the field of water policy10 , the primary objective of this regulation should be to prevent , minimise and mitigate the adverse effects of invasive alien species on biodiversity and ecosystem services , as well as to reduce their economic and social impact . __________________ 7 oj l 20 , 26 . 1 . 2010 , p . 7 . 8 oj l 206 , 22 . 7 . 1992 , p . 7 . 9 oj l 164 , 25 . 6 . 2008 , p . 19 . 10 oj l 327 , 22 . 12 . 2000 , p . 1 . ### to support the achievement of the objectives of directive 2009 / 147 / ec of the european parliament and of the council of 30 november 2009 on the conservation of wild birds7 , council directive 92 / 43 / eec of 21 may 1992 on the conservation of natural habitats and of wild fauna and flora8 , directive 2008 / 56 / ec of the european parliament and of the council of 17 june 2008 establishing a framework for community action in the field of marine environmental policy 9 and directive 2000 / 60 / ec of the european parliament and of the council of 23 october 2000 establishing a framework for community action in the field of water policy10 , the primary objective of this regulation should be to prevent , minimise and mitigate the adverse effects of invasive alien species on biodiversity , ecosystem services , public health and safety , as well as to reduce their economic and social impact . __________________ 7 oj l 20 , 26 . 1 . 2010 , p . 7 . 8 oj l 206 , 22 . 7 . 1992 , p . 7 . 9 oj l 164 , 25 . 6 . 2008 , p . 19 . 10 oj l 327 , 22 . 12 . 2000 , p . 1 .


### council regulation no 708 / 2007 of 11 june 2007 concerning use of alien and locally absent species in aquaculture14 , regulation no 528 / 2012 of the european parliament and of the council of 22 may 2012 concerning the making available on the market and use of biocidal products15 and regulation no 1107 / 2009 of the european parliament and of the council of 21 october 2009 concerning the placing of plant protection products on the market and repealing council directives 79 / 117 / eec and 91 / 414 / eec16 provide for rules concerning the authorisation for the use of certain alien species for particular purposes . the use of certain species has already been authorised under those regimes at the time of entry into force of these new rules as they do not pose unacceptable risks to the environment , human health and the economy . in order to ensure a coherent legal framework , those species should thus be excluded from the new rules . _______________ 14 . oj l 168 , 28 . 6 . 2007 , p . 1 . 15 oj l 167 , 27 . 6 . 2012 , p . 1 . 16 oj l 309 , 24 . 11 . 2009 , p . 1 ### council regulation no 708 / 2007 of 11 june 2007 concerning use of alien and locally absent species in aquaculture14 , regulation no 528 / 2012 of the european parliament and of the council of 22 may 2012 concerning the making available on the market and use of biocidal products15 and regulation no 1107 / 2009 of the european parliament and of the council of 21 october 2009 concerning the placing of plant protection products on the market and repealing council directives 79 / 117 / eec and 91 / 414 / eec16 provide for rules concerning the authorisation for the use of certain alien species for particular purposes . the use of certain species has already been authorised under those regimes at the time of entry into force of these new rules as they do not pose unacceptable risks to the environment , survival of endemic species , human health , animal health and the economy . in order to ensure a coherent legal framework , those species should thus be excluded from the new rules . _______________ 14 oj l 168 , 28 . 6 . 2007 , p . 1 15 oj l 167 , 27 . 6 . 2012 , p . 1 . 16 oj l 309 , 24 . 11 . 2009 , p . 1


### the criteria to list invasive alien species considered to be of union concern is the core instrument to apply these new rules . the commission will do its utmost to submit a proposal for a list based on those criteria within one year of the entry into force of this legislation to the committee . the criteria should include a risk assessment pursuant to the applicable provisions under the agreements of the world trade organisation on placing trade restriction on species . ### the criteria to list invasive alien species considered to be of union concern is the core instrument to apply these new rules . the commission will submit a proposal for a list based on those criteria within one year of the entry into force of this legislation to the committee . the criteria should be based on the latest scientific evidence and include a risk assessment pursuant to the applicable provisions under the relevant agreements of the world trade organisation on placing trade restriction on species .


### the criteria to list invasive alien species considered to be of union concern is the core instrument to apply these new rules . the commission will do its utmost to submit a proposal for a list based on those criteria within one year of the entry into force of this legislation to the committee . the criteria should include a risk assessment pursuant to the applicable provisions under the agreements of the world trade organisation on placing trade restriction on species . ### the criteria to list invasive alien species considered to be of union concern are the core instrument to apply these new rules . the commission will do its utmost to submit a proposal for a list based on those criteria within one year of the entry into force of this legislation to the committee . the criteria should include a risk assessment pursuant to the applicable provisions under the agreements of the world trade organisation on placing trade restrictions on species . they are to be laid down by a panel of experts to be appointed by the commission , the council , and the european parliament .


### some of the species that are invasive in the union may be native in some of the union ' s outermost regions and vice versa . in the communication from the commission on ‘ the outermost regions : an asset for europe’18 it was recognised that the remarkable biodiversity of the outermost regions calls for the development and implementation of measures to prevent and manage invasive alien species in those regions as defined by the treaty on the functioning of the european union taking into account european council decisions 2010 / 718 / eu of 29 october 2010 amending the status with regard to the european union of the island of saint - barthélemy19 and 2012 / 419 / eu of 11 july 2012 amending the status of mayotte with regard to the european union20 . therefore all the provisions of these new rules should apply to the union ' s outermost regions except for provisions relating to invasive alien species of union concern which are native to those regions . in addition , to allow for the necessary protection of the biodiversity in such regions , it is necessary that the concerned member states draw up , as a complement to the list of invasive alien species of union concern , specific lists of invasive alien species for their outermost regions to which these new rules should also apply . __________________ 18 com 642 final . 19 oj l 325 , 9 . 12 . 2010 , p . 4 . 20 oj l 204 , 31 . 7 . 2012 , p . 131 . ### some of the species that are invasive in the union may be native in some of the union ' s outermost regions and vice versa . in the communication from the commission on ‘ the outermost regions : an asset for europe’18 it was recognised that the remarkable biodiversity of the outermost regions calls for the development and implementation of measures to prevent and manage invasive alien species in those regions as defined by the treaty on the functioning of the european union taking into account european council decisions 2010 / 718 / eu of 29 october 2010 amending the status with regard to the european union of the island of saint - barthélemy19 and 2012 / 419 / eu of 11 july 2012 amending the status of mayotte with regard to the european union20 . therefore all the provisions of these new rules should apply to the union ' s outermost regions except for provisions relating to invasive alien species of union concern which are native to those regions . in addition , to allow for the necessary protection of the biodiversity in such regions , it is necessary that in all appropriate cases the member states concerned draw up and update , as a complement to the list of invasive alien species of union concern , specific lists of invasive alien species for their outermost regions to which these new rules should also apply . this list shall be kept open and revised , as new invasive alien species are identified and considered to pose a risk . some of the alien species that are invasive in the union may be native to parts of the union and to outermost regions and vice versa . __________________ 18 com 642 final . 19 oj l 325 , 9 . 12 . 2010 , p . 4 . 20 oj l 204 , 31 . 7 . 2012 , p . 131 .


### the risks and concerns associated with invasive alien species represent a cross - border challenge affecting the whole of the union . it is therefore essential to adopt at union level a ban on intentionally bringing into the union , reproducing , growing , transporting , buying , selling , using , exchanging , keeping and releasing invasive alien species of union concern , to ensure that consistent action is taken across the union so as to avoid distortions of the internal market and to prevent situations where action taken in one member state is undermined by inaction in another member state . ### the risks and concerns associated with invasive alien species represent a cross - border challenge affecting the whole of the union . it is therefore essential to adopt at union level a ban on intentionally bringing into the union , reproducing , growing , transporting , buying , selling , using , exchanging , keeping and releasing invasive alien species of union concern , to ensure that early and consistent action is taken across the union so as to avoid distortions of the internal market and to prevent situations where action taken in one member state is undermined by inaction in another member state .


### there may be cases where alien species not yet recognised as invasive alien species of union concern appear at the union borders or are detected in the union territory . member states should therefore be granted the possibility to adopt on the basis of available scientific evidence certain emergency measures . such emergency measures would allow immediate reaction against species which may pose risks related to their introduction , establishment and spread in those countries , while member states assess the effective risks posed by them , in line with the applicable provisions of the agreements of the world trade organisation , in particular with a view to having those species recognised as invasive alien species of union concern . there is a need to couple national emergency measures with the possibility of adopting emergency measures at union level in order to comply with the provisions of the agreements of the world trade organisation . furthermore , union level emergency measures would equip the union with a mechanism to act swiftly in case of presence or imminent danger of entry of a new invasive alien species in accordance with the precautionary principle . ### there may be cases where alien species not yet recognised as invasive alien species of union concern appear at the union borders or are detected in the union territory . member states should therefore be granted the possibility to adopt on the basis of available scientific evidence certain emergency measures . such emergency measures would allow immediate reaction against species which may pose risks related to their introduction , establishment and spread in those countries , while member states assess the effective risks posed by them , in line with the applicable provisions of the agreements of the world trade organisation , in particular with a view to having those species recognised as invasive alien species of union concern . there is a need to couple national emergency measures with the possibility of adopting emergency measures at union level in order to comply with the provisions of the agreements of the world trade organisation . furthermore , union level emergency measures would equip the union with a mechanism to act swiftly in case of presence or imminent danger of entry of a new invasive alien species in accordance with the precautionary principle . in case emergency measures require eradication , control or containment , the welfare of targeted and non - targeted animals should be taken into account . the competent authorities should take the necessary measures to avoid pain , distress and suffering of animals during the process , based insofar as possible on best practices in the field .


### there may be cases where alien species not yet recognised as invasive alien species of union concern appear at the union borders or are detected in the union territory . member states should therefore be granted the possibility to adopt on the basis of available scientific evidence certain emergency measures . such emergency measures would allow immediate reaction against species which may pose risks related to their introduction , establishment and spread in those countries , while member states assess the effective risks posed by them , in line with the applicable provisions of the agreements of the world trade organisation , in particular with a view to having those species recognised as invasive alien species of union concern . there is a need to couple national emergency measures with the possibility of adopting emergency measures at union level in order to comply with the provisions of the agreements of the world trade organisation . furthermore , union level emergency measures would equip the union with a mechanism to act swiftly in case of presence or imminent danger of entry of a new invasive alien species in accordance with the precautionary principle . ### there may be cases where alien species not yet recognised as invasive alien species of union concern appear at the union borders or are detected in the union territory and which may pose risks through their accidental or deliberate introduction to the environment . member states should therefore be granted the possibility to adopt on the basis of available scientific evidence and good practice certain emergency measures . such emergency measures would allow immediate reaction against species which may pose risks related to their introduction , establishment and spread in those countries , while member states assess the effective risks posed by them , in line with the applicable provisions of the relevant agreements of the world trade organisation , in particular with a view to having those species recognised as invasive alien species of union concern . there is a need to couple national emergency measures with the possibility of adopting emergency measures at union level in order to comply with the provisions of the relevant agreements of the world trade organisation . furthermore , union level emergency measures would equip the union with a mechanism to act swiftly in case of presence or imminent danger of entry of a new invasive alien species in accordance with the precautionary principle .


### a large proportion of invasive alien species are introduced unintentionally into the union . it is therefore crucial to manage the pathways of unintentional introduction . action in this area would need to be gradual , given the relatively limited experience in this field . action should include voluntary measures , such as the actions proposed by the international maritime organisation ' s guidelines for the control and management of ships ' biofouling , and mandatory measures and should build on the experience gained in the union and in member states in managing certain pathways , including measures established through the international convention for the control and management of ships ballast water and sediments . ### a large proportion of invasive alien species are introduced unintentionally into the union . it is therefore crucial to manage the pathways of unintentional introduction more effectively . action in this area would need to be gradual , given the relatively limited experience in this field . action should include voluntary measures , such as the actions proposed by the international maritime organisation ' s guidelines for the control and management of ships ' biofouling , and mandatory measures and should build on the experience gained in the union and in member states in managing certain pathways , including measures established through the international convention for the control and management of ships ballast water and sediments .


### a large proportion of invasive alien species are introduced unintentionally into the union . it is therefore crucial to manage the pathways of unintentional introduction . action in this area would need to be gradual , given the relatively limited experience in this field . action should include voluntary measures , such as the actions proposed by the international maritime organisation ' s guidelines for the control and management of ships ' biofouling , and mandatory measures and should build on the experience gained in the union and in member states in managing certain pathways , including measures established through the international convention for the control and management of ships ballast water and sediments . ### a large proportion of invasive alien species are introduced unintentionally into the union . it is therefore crucial to manage the pathways of unintentional introduction . action in this area would need to be gradual , given the relatively limited experience in this field . action should include voluntary measures , such as the actions proposed by the international maritime organisation ' s guidelines for the control and management of ships ' biofouling , and mandatory measures and should build on the experience gained in the union and in member states in managing certain pathways , including measures established through the international convention for the control and management of ships ' ballast water and sediments . accordingly the commission shall take all appropriate steps to encourage member states to ratify the convention including promoting opportunities for debate between national ministers . notwithstanding the provisions for member state action plans laid down in article 11 , the commission shall , three years from the date of implementation of this regulation , report on member states ' implementation of the aforementioned voluntary measures and shall , if appropriate , come forward with legislative proposals to incorporate such measures into union law . in the event of delays in the entry into force of the convention , the commission should seek coordinated action between member states , non - eu shipping nations , and international shipping organisations to put forward measures preventing the unintentional introduction of species by this particular pathway .


### ‘ eradication’ means the complete and permanent removal of a population of invasive alien species by physical , chemical or biological means ; ### ‘ eradication’ means the complete and permanent removal of a population of invasive alien species by lethal or non - lethal physical , chemical or biological means ;


### ‘ management’ means any physical , chemical or biological action aimed at the eradication , population control or containment of a population of an invasive alien species ; ### ‘ management’ means any lethal or non - lethal physical , chemical or biological action aimed at the eradication , population control or containment of a population of an invasive alien species , while also avoiding impact on non - targeted species and their habitats ;


### ‘ population control’ means physical , chemical or biological actions applied to a population of invasive alien species with the aim of keeping the number of individuals as low as possible , so that , while not being able to eradicate the species , its invasive capacity and adverse impacts on biodiversity and ecosystem services , or on human health and the economy , are minimised . ### ‘ population control’ means lethal or non - lethal physical , chemical or biological actions applied to a population of invasive alien species , while also avoiding impact on non - targeted species and their habitats , with the aim of keeping the number of individuals as low as possible , so that , while not being able to eradicate the species , its invasive capacity and adverse impacts on biodiversity and ecosystem services , or on human health and the economy , are minimised .


### invasive alien species shall only be included on the list referred to in paragraph 1 if they meet all of the following criteria : ### invasive alien species or the taxonomic groups of species to which they belong shall only be included on the list referred to in paragraph 1 if each of them meets all of the following criteria , taking into account the relevant international standards :


### they are , having regard to scientific evidence available , found to be alien to the territory of the union excluding the outermost regions ; ### they are found , based on available scientific evidence , to be alien to the territory of the union excluding the outermost regions , or alien to one biogeographical region of the union but native to another ;


### they are , having regard to scientific evidence available , found to be capable of establishing a viable population and spreading in the environment under current or foreseeable climate change conditions anywhere in the union excluding the outermost regions ; ### they are , having regard to the best and most recent scientific evidence available , found to be capable of establishing a viable population and spreading in the environment under current or foreseeable climate change conditions anywhere in the union excluding the outermost regions ;


### evidence that the species complies with the criteria set out in paragraph 2 . ### evidence that the species or taxonomic group of species complies with the criteria set out in paragraph 2 .


### a description of the current distribution of the species including whether the species is already present in the union or in neighbouring countries ; ### a description of the current distribution of the species including whether the species is already present in the union as a native or alien species or in neighbouring countries and a projection of its likely future distribution ;


### a description of the negative impact on biodiversity and ecosystem services , including on native species , protected sites , endangered habitats , on human health and the economy including an assessment of the magnitude of future impact ; ### a description , or estimation based on the best available scientific knowledge , of the negative impact on biodiversity and ecosystem services , including on native species , protected sites , endangered habitats , on human health and the economy including an assessment of the magnitude of future impact ;


### a description of the possible uses and benefits deriving from those uses of the species . ### a description of the possible uses and benefits that may be derived from the species .


### regulatory measures to ensure appropriate checks at the union borders , other than the official controls pursuant to article 13 ; ### ensure appropriate checks at the union borders , other than the official controls pursuant to article 13 ;


### by [ 12 months from the date of entry into force of this regulation &#8211 ; date to be inserted ] at the latest , member states shall have in place fully functioning structures to perform the official controls on animals and plants including their seeds , eggs , or propagules , brought into the union , necessary to prevent the intentional introduction into the union of invasive alien species of union concern . ### by [ 12 months from the date of entry into force of this regulation &#8211 ; date to be inserted ] at the latest , member states shall have in place fully functioning structures to perform the official controls and monitoring capacity on animals and plants including their seeds , eggs , or propagules , parasites and pathogenic infections brought into the union , necessary to prevent the intentional or accidental introduction into the union of invasive alien species of union concern .


### when applying eradication measures , member states shall ensure that the methods used are effective in achieving the complete and permanent removal of the population of the invasive alien species concerned , with due regard to human health and the environment , and ensuring that targeted animals are spared any avoidable pain , distress or suffering . ### when applying eradication measures , member states shall ensure that the methods used are effective in achieving the complete and permanent removal of the population of the invasive alien species concerned , with due regard to human health and the environment , and ensuring that both targeted and non - targeted animals are spared any avoidable pain , distress or suffering .


### when applying eradication measures , member states shall ensure that the methods used are effective in achieving the complete and permanent removal of the population of the invasive alien species concerned , with due regard to human health and the environment , and ensuring that targeted animals are spared any avoidable pain , distress or suffering . ### when applying eradication measures , member states shall ensure that the methods used are effective in achieving the complete and permanent removal of the population of the invasive alien species concerned , with due regard to human health and the environment , and ensuring that targeted and non - targeted animals are spared any avoidable pain , distress or suffering .


### when applying eradication measures , member states shall ensure that the methods used are effective in achieving the complete and permanent removal of the population of the invasive alien species concerned , with due regard to human health and the environment , and ensuring that targeted animals are spared any avoidable pain , distress or suffering . ### when applying eradication measures , member states shall ensure that the methods used are effective in achieving the complete and permanent removal of the population of the invasive alien species concerned , with due regard to human health , the health and survival of the endemic species and the environment , and ensuring that targeted animals are spared any avoidable pain , distress or suffering .


### applications for derogations shall be based on sound scientific evidence and only be submitted if the following conditions are met : ### applications for derogations shall be based on sound scientific evidence and only be submitted if at least one of the following conditions are met :


### the management measures shall consist of physical , chemical or biological actions aimed at the eradication , population control or containment of a population of an invasive alien species . where appropriate , management measures shall include actions applied to the receiving ecosystem aimed at increasing its resilience to current and future invasions . ### the management measures shall consist of lethal and non - lethal physical , chemical or biological actions aimed at the eradication , population control or containment of a population of an invasive alien species . where necessary , management measures shall include actions applied to the receiving ecosystem aimed at increasing its resilience to current and future invasions .


### where there is a significant risk that an invasive alien species of union concern will spread to a neighbouring member state , the member states in which the species is widely spread shall immediately notify the neighbouring member states and the commission . where appropriate , the member states concerned shall establish jointly agreed management measures . in the cases where third countries may also be affected by the spread , the member state affected shall consider the need to inform the concerned third countries . ### where there is a significant risk that an invasive alien species of union concern will spread to a neighbouring member state , the member states in which the species is widely spread shall immediately notify the neighbouring member states and the commission . where appropriate , the member states concerned shall establish jointly agreed management measures . in the cases where third countries may also be affected by the spread , the member state affected shall inform the concerned third countries .


### the delegation of power referred to in article 5 shall be conferred on the commission for an undetermined period of time from the entry into force of this regulation . ### the delegation of power referred to in article 5 shall be conferred on the commission for a period of five years from [ the date of entry into force of this regulation ] . the commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five - year period . the delegation of power shall be tacitly extended for periods of an identical duration unless the european parliament or the council opposes such extension not later than three months before the end of each period .


### for non - commercial owners who cannot ensure that the conditions set out in paragraph 1 are met , member states shall offer to them the possibility of having their specimens taken over from them and shall give due regard to animal welfare when handling them . ### for non - commercial owners who cannot comply with the requirements in paragraph 1 , member states must remove the animals , ensuring that they are spared any avoidable pain , distress or suffering .


### supervisory bodies should cooperate and exchange information with data protection authorities to ensure proper implementation of data protection legislation by service providers . the exchange of information should in particular cover security incidents and personal data breaches . ### supervisory bodies in the member states should cooperate and exchange information with data protection authorities to ensure proper implementation of data protection legislation by service providers . the exchange of information should in particular cover security incidents and personal data breaches .


### this regulation applies to electronic identification provided by , on behalf or under the responsibility of member states and to trust service providers established in the union . ### this regulation applies to electronic identification provided by , on behalf of , under the responsibility or supervision of member states .


### ‘ creator of a seal’ means a legal person who creates an electronic seal ; ### ‘ creator of a seal’ means a legal or natural person who creates an electronic seal ;


### the electronic identification means are issued by , on behalf of or under the responsibility of the notifying member state ; ### the electronic identification means are issued by , on behalf of , under the responsibility of , or supervised by the notifying member state ;


### the notifying member state takes liability for : ### unless the identity provider can establish that he has not acted negligently , the identity provider takes liability for :


### a description of the notified electronic identification scheme ; ### description of the notified electronic identification scheme including the level of security ;


### a trust service provider shall be liable for any direct damage caused to any natural or legal person due to failure to comply with the obligations laid down in article 15 , unless the trust service provider can prove that he has not acted negligently . ### a trust service provider shall be liable for any damage caused to any natural or legal person due to non - compliance with the obligations laid down in article 15 , unless the trust service provider can prove that he has not acted negligently .


### trust service providers shall process personal data according to directive 95 / 46 / ec . such processing shall be strictly limited to the minimum data needed to issue and maintain a certificate or to provide a trust service . ### trust service providers and supervisory bodies shall process personal data according to directive 95 / 46 / ec . such processing shall be strictly limited to the minimum personal data needed to issue and maintain a certificate or to provide a trust service .


### trust service providers shall guarantee the confidentiality and integrity of data related to a person to whom the trust service is provided . ### trust service providers shall ensure the confidentiality and integrity of data related to a person to whom the trust service is provided .


### without prejudice to article 16 , any trust service provider may submit the report of a security audit carried out by a recognised independent body to the supervisory body to confirm that appropriate security measures have been taken . ### without prejudice to article 16 , any trust service provider shall submit the report of a security audit carried out by a recognised independent body to the supervisory body after an incident to confirm that appropriate security measures have been taken .


### the supervisory body concerned may also inform the public or require the trust service provider to do so , where it determines that disclosure of the breach is in the public interest . ### the competent supervisory body may also inform the public or require the trust service provider to do so , where it determines that disclosure of the breach is in the public interest .


### the supervisory body shall provide to enisa and to the commission once a year with a summary of breach notifications received from trust service providers . ### the supervisory body of each member state shall provide to enisa once a year with a summary of breach notifications received from trust service providers .


### qualified trust service providers shall be audited by a recognised independent body once a year to confirm that they and the qualified trust services provided by them fulfil the requirements set out in this regulation , and shall submit the resulting security audit report to the supervisory body . ### qualified trust service providers shall at their own expense be audited by a recognised independent body every second year to confirm that they and the qualified trust services provided by them fulfil the requirements set out in this regulation , and shall submit the resulting security audit report to the competent supervisory body .


### once the relevant documents are submitted to the supervisory body according to paragraph 1 , the qualified service providers shall be included in the trusted lists referred to in article 18 indicating that the notification has been submitted . ### once the relevant documents are submitted to the supervisory body according to paragraph 1 , the qualified service providers shall be included in the trusted lists referred to in article 18 indicating that the notification has been submitted and are awaiting conformation of conformity by the supervisory body .


### the supervisory body shall indicate the qualified status of the qualified service providers and the qualified trust services they provide in the trusted lists after the positive conclusion of the verification , not later than one month after the notification has been done in accordance with paragraph 1 . ### the supervisory body shall indicate the qualified status of the qualified service providers and the qualified trust services they provide in the trusted lists after the positive conclusion of the verification , not later than 30 days after the notification has been done in accordance with paragraph 1 .


### use trustworthy systems and products which are protected against modification and guarantee the technical security and reliability of the process supported by them ; ### use trustworthy systems and products which are protected against unauthorised modification and guarantee the technical security and reliability of the process supported by them ;


### if an electronic signature with a security assurance level below qualified electronic signature is required , in particular by a member state for accessing a service online offered by a public sector body on the basis of an appropriate assessment of the risks involved in such a service , all electronic signatures matching at least the same security assurance level shall be recognised and accepted . ### if an electronic signature with a security level below the defined level for a qualified electronic signature is required , in particular by a member state for accessing a service online offered by a public sector body on the basis of an appropriate assessment of the risks involved in such a service , all electronic signatures matching at least the same security assurance level shall be recognised and accepted .


### if an electronic seal security assurance level below the qualified electronic seal is required , in particular by a member state for accessing a service online offered by a public sector body on the basis of an appropriate assessment of the risks involved in such a service , all electronic seals matching at a minimum the same security assurance level shall be accepted . ### if an electronic seal security level below the qualified electronic seal is required , in particular by a member state for accessing a service online offered by a public sector body on the basis of an appropriate assessment of the risks involved in such a service , all electronic seals matching at a minimum the same security assurance level shall be accepted .


### member states shall not request for cross - border access to a service online offered by a public sector body an electronic signature at a higher security assurance level than qualified electronic signature . ### member states shall not request for cross - border access to a service online offered by a public sector body an electronic signature at a higher security level than qualified electronic signature .


### member states shall not request for accessing a service online offered by a public sector body an electronic seal with higher security assurance level than qualified electronic seals . ### member states shall not request for accessing a service online offered by a public sector body an electronic seal with higher security level than qualified electronic seals .


### by way of derogation from article 94 of regulation no [ &#8230 ; ] [ rd ] , for the measures of article 36 to and and of regulation no 1698 / 2005 , member states may continue to undertake new legal commitments to beneficiaries in 2014 pursuant to the rural development programmes adopted on the basis of regulation no 1698 / 2005 even after the financial resources of the 2007 - 2013 programming period have been used up , until the adoption of the respective rural development programme for the 2014 - 2020 programming period . the expenditure incurred on the basis of these commitments shall be eligible in accordance with article 3 of this regulation . ### by way of derogation from article 94 of regulation no [ &#8230 ; ] [ rd ] , member states may continue to undertake new legal commitments to beneficiaries in 2014 , in relation to the measures referred to in articles 20 , 36 , 52 and 63 of regulation no 1698 / 2005 , pursuant to the rural development programmes adopted on the basis of regulation no 1698 / 2005 even after the financial resources of the 2007 - 2013 programming period have been used up , until the adoption of the respective rural development programme for the 2014 - 2020 programming period , or until the end of 2014 . the expenditure incurred on the basis of these commitments shall be eligible in accordance with article 3 of this regulation .


### the condition of the second indent of article 14 of council regulation no 1257 / 1999 shall not apply to new legal commitments undertaken by member states under article 36 and of regulation no 1698 / 2005 in 2014 . ### the condition set out in the second indent of article 14 of council regulation no 1257 / 1999 shall not apply to new legal commitments undertaken by member states under article 36 and of regulation no 1698 / 2005 in 2014 .


### by way of derogation from article 7 of regulation no [ &#8230 ; ] [ rd ] , expenditure relating to legal commitments to beneficiaries , undertaken under the measures of article 36 to and and of regulation no 1698 / 2005 and of article 36 and of that regulation in relation to the annual premium , shall be eligible for an eafrd contribution in the 2014 - 2020 programming period in the following cases : ### by way of derogation from article 7 of regulation no [ &#8230 ; ] [ rd ] , expenditure relating to legal commitments to beneficiaries , undertaken under the measures referred to in articles 20 , 36 , 52 and 63 of that regulation , shall be eligible for an eafrd contribution in the 2014 - 2020 programming period in the following cases :


### for payments to be made after 31 december 2015 . ### for payments to be made after 31 december 2015 for all commitments undertaken pursuant to article 36 of regulation no [ . . . ] [ rd ] .


### the set - up of the kics as single legal entities led by a chief executive officer provides a clear departure from a traditional multi - beneficiaries approach . moreover , all kics follow business logic for the strategic planning of their activities , and all kics have implemented the co - location concept : bringing diverse teams together in one physical place , acting as a clearing house for many kic activities , and combining competences and skills developed in different areas of specialisation at pan - european level . ### the set - up of the kics as single legal entities led by a chief executive officer provides a clear departure from a traditional multi - beneficiaries approach . moreover , all kics follow business logic for the strategic planning of their activities , and all kics have implemented the co - location concept : bringing diverse teams together in one physical place , acting as a clearing house for many kic activities , and combining competences and skills developed in different areas of specialisation at pan - european level . kics should be able to mobilise investments and long term commitments from the private , public and third sectors .


### the eit will strongly contribute to the objectives set out in horizon 2020 , in particular by addressing societal challenges in a complementary way to other initiatives in these areas . within horizon 2020 , the eit will be part of the ‘ tackling societal challenges’ objective but following the approach of seamless interaction across objectives , it will also contribute to ‘ industrial leadership and competitive frameworks’ by stimulating results - driven research and fostering the creation of high growth innovative smes . finally , it will contribute to the creation of an ‘ excellent science base’ by fostering mobility across boundaries – of disciplines , sectors and countries – and by embedding entrepreneurship and a risk - taking culture in innovative post - graduates degrees . the eit will thereby significantly contribute to promoting the framework conditions that are needed to realise the innovative potential of eu research and to promote the completion of the european research area . ### the eit will strongly contribute to the objectives set out in horizon 2020 , in particular by addressing societal challenges in a complementary way to other initiatives in these areas . within horizon 2020 , the eit will be part of the ‘ tackling societal challenges’ objective but following the approach of seamless interaction across objectives , it will also contribute to ‘ industrial leadership and competitive frameworks’ by stimulating results - driven research and fostering the creation of high growth innovative smes . finally , it will contribute to the creation of an ‘ excellent science base’ by fostering mobility across boundaries – of disciplines , sectors and countries – and by embedding entrepreneurship and a risk - taking culture in innovative post - graduates degrees . the eit will thereby significantly contribute to promoting the framework conditions that are needed to realise the innovative potential of eu research and to promote the completion of the european research area . a coordination mechanism between the eit and the other activities under horizon 2020 shall be proposed by the european commission in consultation with the eit , to be implemented by the eit .


### the ‘ eit investor’ approach stands for a focus on identifying best strategic opportunities and selecting a portfolio of world - class partnerships – the kics – to deliver on these . as part of this approach , the eit awards the annual grants to the kics based on their past performance and proposed activities in their business plan . the assessment of the business plans will be supported by external , independent experts . in this perspective , the eit should not only set out broad directions and visions , but needs to provide kics with an appropriate level of support and monitor their performance . at the same time , kics are given a substantial degree of leeway to define their internal strategies and organisation as well as to deliver their activities and mobilise the talent and resources needed . ### the ‘ eit investor’ approach stands for a focus on identifying best strategic opportunities and selecting a portfolio of world - class partnerships – the kics – to deliver on these . as part of this approach , the eit awards the annual grants to the kics based on their past performance and proposed activities in their business plan in a clear and transparent procedure . the assessment of the business plans will be supported by external , independent experts . in this perspective , the eit should not only set out broad directions and visions , but needs to provide kics with an appropriate level of support and monitor and report about their performance in a clear and transparent way . at the same time , kics are given a substantial degree of leeway to define their internal strategies and organisation as well as to deliver their activities and mobilise the talent and resources needed .


### interactions between the eit and the kics not only provide the framework for kics to operate successfully , but are also at the core of the mutual learning process enabling the eit to play its role as a test bed for new innovation models . in order to provide kics with appropriate framework conditions , clear and coherent guidance must be given by the eit at all stages of the process without at the same time being overly prescriptive . interactions between eit headquarters and the kics need to be systematic and trust - based in order to achieve maximum efficiency . both the contractual relations between the eit and the kics as well as the organisational arrangements of the eit headquarters should contribute thereto . ### interactions between the eit and the kics not only provide the framework for kics to operate successfully , but are also at the core of the mutual learning process enabling the eit to play its role as a test bed for new innovation models . in order to provide kics with appropriate framework conditions , clear and coherent guidance must be given by the eit at all stages of the process without at the same time being overly prescriptive . interactions between eit headquarters and the kics need to be systematic and regular as well as clear , open , transparent and trust - based in order to achieve maximum efficiency . both the contractual relations between the eit and the kics as well as the organisational arrangements of the eit headquarters should contribute thereto .


### this regulation should also further reduce noise limits . it should take account of regulation no 661 / 2009 of the european parliament and of the council of 13 july 2009 concerning type - approval requirements for the general safety of motor vehicles , their trailers and systems , components and separate technical units intended therefor , which introduced new stricter noise requirements for motor vehicle tyres . studies highlighting the annoyance and health effects from road traffic noise , and the associated costs and benefits should also be heeded . ### this regulation should also further reduce noise limits . it should take account of regulation no 661 / 2009 of the european parliament and of the council of 13 july 2009 concerning type - approval requirements for the general safety of motor vehicles , their trailers and systems , components and separate technical units intended therefor , which introduced new stricter noise requirements for motor vehicle tyres . the reduction of road traffic noise should also be understood as a public health objective , considering studies highlighting the annoyance and health effects from road traffic noise , and the associated costs and benefits .


### in order to promote access to information on the environment , in accordance with the aarhus convention on access to information , public participation in decision - making and access to justice in environmental matters , which was approved on behalf of the union by council decision 2005 / 370 / ec of 17 february 2005 on the conclusion , on behalf of the european community , of the convention on access to information , public participation in decision - making and access to justice in environmental matters9 , the level and quality of information to the public should be improved . in particular , persons likely to be affected by a major accident should be given sufficient information to inform them of the correct action to be taken in that event . in addition to providing information in an active way , without the public having to submit a request , and without precluding other forms of dissemination , it should also be made available permanently and kept up to date on the internet . at the same time there should be appropriate confidentiality safeguards , to address security - related concerns , among others . ### in order to promote access to information on the environment , in accordance with the aarhus convention on access to information , public participation in decision - making and access to justice in environmental matters , which was approved on behalf of the union by council decision 2005 / 370 / ec of 17 february 2005 on the conclusion , on behalf of the european community , of the convention on access to information , public participation in decision - making and access to justice in environmental matters9 , the level and quality of information to the public should be improved . in particular , persons likely to be affected by a major accident should be given sufficient information to inform them of the correct action to be taken in that event . in addition to providing information in an active way , without the public having to submit a request , and without precluding other forms of dissemination , it should also be made available permanently and kept up to date on the internet . in order to achieve greater transparency , more detailed and comprehensive information , including in the form of documents , should be made available upon request . at the same time there should be appropriate confidentiality safeguards , to address security - related concerns , among others .


### member states shall ensure that the information referred to in annex v is permanently available to the public , including in an electronic format . the information shall be reviewed and where necessary updated at least once a year . ### member states shall ensure that the information referred to in annex v is permanently available to the public , including in an electronic format . the information shall be reviewed and where necessary updated at least once a year . upon request from any natural or legal person , member states shall ensure that more detailed and additional information going beyond the information referred to in annex v , and in accordance with article 21 of this directive , is made available to that person .


### where the member state concerned has decided that an establishment close to the territory of another member state is incapable of creating a major - accident hazard beyond its boundary for the purposes of article 11 and is not therefore required to produce an external emergency plan under article 11 , it shall so inform the other member state . ### where the member state concerned has decided that an establishment close to the territory of another member state is incapable of creating a major - accident hazard beyond its boundary for the purposes of article 11 and is not therefore required to produce an external emergency plan under article 11 , it shall inform the other member state of that decision and of its reasons for taking that decision .


### what constitutes a sufficient interest and impairment of a right shall be determined by the member states , consistently with the objective of giving the public concerned wide access to justice . to this end , the interest of any non - governmental organisation promoting environmental protection and meeting any requirements under national law shall be deemed sufficient for the purpose of paragraph 2 . ### what constitutes a sufficient interest and impairment of a right shall be determined by the member states , consistently with the objective of giving the public concerned wide access to justice . to this end , the interest of any non - governmental organisation promoting environmental or public health protection and meeting any requirements under national law shall be deemed sufficient for the purpose of paragraph 2 .


### it is necessary to establish the minimum number of member states from which citizens must come . in order to ensure that a citizens ' initiative is representative of a union interest , this number should be set at one third of member states . ### it is necessary to establish the minimum number of member states from which signatories must come . in order to ensure that a citizens ' initiative comes from a significant number of member states , this number should be set at nine .


### in order to ensure coherence and transparency in relation to proposed citizens ' initiatives , it should be mandatory to register such initiatives on a website made available by the commission prior to collecting the necessary statements of support from citizens ; proposals that are abusive or devoid of seriousness should not be registered and the commission should reject the registration of proposals which would be manifestly against the values of the union . the commission should deal with registration in accordance with the general principles of good administration . ### in order to ensure coherence and transparency in relation to proposed citizens ' initiatives , and to avoid a situation in which signatures are collected for a proposal which does not fall within the scope of this regulation , it should be mandatory to register such initiatives on a website made available by the commission prior to collecting the necessary statements of support from citizens ; proposals that are not citizens ' initiatives in accordance with this regulation should not be registered and the commission should reject the registration of proposals which would be manifestly against the values of the union , as set out in article 2 of the treaty on european union . registration is an administrative procedure aimed at selecting those initiatives that fall within the scope of this regulation ; therefore any refusal of registration should be based only on legal grounds and not , on any account , on grounds of political expediency . the commission should deal with registration in accordance with the general principles of good administration , and should therefore be obliged to inform the organisers of an initiative of the reasons for any refusal to register an initiative and of the legal remedies available to them in that event . it should also be made clear by the commission that registration and the collection of the required number of statements of support will not necessarily result in the commission adopting a proposal for a legal act and that the registration of an initiative does not constitute a formal decision on competence issues .


### in order to ensure coherence and transparency in relation to proposed citizens ' initiatives , it should be mandatory to register such initiatives on a website made available by the commission prior to collecting the necessary statements of support from citizens ; proposals that are abusive or devoid of seriousness should not be registered and the commission should reject the registration of proposals which would be manifestly against the values of the union . the commission should deal with registration in accordance with the general principles of good administration . ### in order to ensure coherence and transparency in relation to proposed citizens ' initiatives and to avoid a situation in which signatures are collected for a proposal which does not fall within the scope of this regulation , it should be mandatory to register such initiatives on a website made available by the commission prior to collecting the necessary statements of support from citizens . proposals that are not citizens ' initiatives within the meaning of this regulation should not be registered . registration is an administrative procedure aimed at selecting those initiatives that fall within the scope of this regulation ; therefore any refusal of registration should be based only on legal grounds and not , on any account , on grounds of political expediency . the commission should deal with registration in accordance with the general principles of good administration , and should therefore be obliged to inform the organisers of an initiative of the reasons for any refusal to register that initiative and of all possible judicial and extrajudicial remedies available to them . it should also be made clear by the commission that registration and the collection of the required number of statements of support will not necessarily result in the commission adopting a proposal for a legal act and that the registration of an initiative does not constitute a formal decision on competence issues .


### it is appropriate to provide for statements of support to be collected in paper form as well as online . online collection systems should have adequate security features in place in order to ensure , inter alia , that the person can be identified and that the data are securely stored . for this purpose , the commission should be required to set out detailed technical specifications for online collection systems . ### in order to put modern technology to good use as a tool of participatory democracy , it is appropriate to provide for statements of support to be collected online as well as in paper form . online collection systems should have adequate security features in place in order to ensure , inter alia , that the person is eligible to sign and signs only once , and that the data are securely stored . the detailed technical specifications should be worked out at an expert level and be regularly adapted to technical developments . he power to adopt detailed technical specifications for online collection systems should therefore be delegated to the commission .


### it is appropriate to provide for statements of support to be collected in paper form as well as online . online collection systems should have adequate security features in place in order to ensure , inter alia , that the person can be identified and that the data are securely stored . for this purpose , the commission should be required to set out detailed technical specifications for online collection systems . ### in order to put modern technology to good use as a tool of participatory democracy , it is appropriate to provide for statements of support to be collected online as well as in paper form . online collection systems should have adequate security features in place in order to ensure , inter alia , that the person signs only once and that the data are securely stored . the detailed technical specifications should be worked out at an expert level and should be regularly adapted to technical developments ; the power to adopt detailed technical specifications for online collection systems should therefore be delegated to the commission .


### directive 95 / 46 / ec of the european parliament and of the council of 24 october 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data is fully applicable to the processing of personal data carried out in application of this regulation . in this respect , it is appropriate to clarify that the organiser of a citizens ' initiative and the competent authorities of the member states are the data controllers within the meaning of directive 95 / 46 / ec and to specify the maximum period within which the personal data collected for the purposes of a citizens ' initiative may be retained . in their capacity as data controllers , organisers need to take all the appropriate measures to comply with the obligations imposed by directive 95 / 46 / ec , in particular those relating to the lawfulness of the processing , the security of the processing activities and the provision of information and the rights of data subject to access to his / her personal data as well as the correction and erasure of his / her personal data . ### directive 95 / 46 / ec of the european parliament and of the council of 24 october 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data is fully applicable to the processing of personal data carried out in application of this regulation . in this respect , it is appropriate to clarify that in the event of paper - based collection the organiser of a citizens ' initiative and the competent authorities of the member states are the data controllers within the meaning of directive 95 / 46 / ec and to specify the maximum period within which the personal data collected for the purposes of a citizens ' initiative may be retained . in the event of online collection , in its capacity as data controller , the commission needs to take all the appropriate measures to comply with the obligations imposed by directive 95 / 46 / ec , in particular those relating to the lawfulness of the processing , the security of the processing activities and the provision of information and the rights of data subject to access to his / her personal data as well as the correction and erasure of his / her personal data .


### prior to initiating the collection of statements of support from signatories for a proposed citizens ' initiative , the organiser shall be required to register it with the commission , providing the information set out in annex ii , in particular on the subject - matter and objectives as well as on the sources of funding and support for the proposed citizens ' initiative . this information shall be provided in one of the official languages of the union , in an online register made available for that purpose by the commission . ### prior to initiating the collection of statements of support from signatories for a proposed citizens ' initiative , the organisers shall be required to register it with the commission , providing the information set out in annex ii , in particular on the subject - matter and objectives of the proposed citizens ' initiative . the organisers shall provide , for the register defined in the third subparagraph and where appropriate on their website , regularly updated information on the sources of support and funding for the initiative . this information shall be provided in one or more official languages of the union , in an online register made available for that purpose by the commission . information in an official language other the language in which it was originally provided may be provided subsequently for entry in the register . the translation of the initiative into other official languages of the union shall be the responsibility of the organisers .


### proposed citizens ' initiatives which can be reasonably regarded as improper because they are abusive or devoid of seriousness will not be registered . ### the commission shall register a proposed initiative within two months from its receipt when the following conditions are fulfilled : the citizens ' committee has been formed and the contact persons have been designated ; there are no manifest , significant inconsistencies between the different language versions of the title , subject - matter and objectives of the proposed initiative ; the initiative manifestly falls within the competences of the union as conferred on the union by member states and falls within the framework of the powers of the commission to submit any appropriate proposal on matters where citizens consider that a legal act of the union is required for the purpose of implementing the treaties ; the proposed initiative is not manifestly abusive , frivolous or vexatious ; the proposed initiative is not manifestly contrary to the values of the union as set out in article 2 of the treaty on european union .


### proposed citizens ' initiatives which can be reasonably regarded as improper because they are abusive or devoid of seriousness will not be registered . ### the commission shall register a proposed initiative within two months from its receipt when the following conditions are fulfilled : the citizens ' committee has been formed and the contact persons have been designated ; there are no manifest , significant inconsistencies between the linguistic versions of the title , subject - matter and objectives of the proposed initiative ; the initiative does not manifestly fall outside the scope of the commission’s power under the treaties to submit a proposal for the requested legal act ; the proposed initiative is not manifestly abusive , frivolous or vexatious ; the proposed initiative is not manifestly contrary to the values of the union as set out in article 2 of the treaty on european union .


### within 12 months following the entry into force of this regulation , the commission shall adopt technical specifications for the implementation of paragraph 4 , in accordance with the regulatory procedure laid down in article 19 . ### within the 12 months following the entry into force of this regulation , the commission shall undertake in conjunction with the european data protection supervisor an evaluation enabling it to adopt technical specifications for the implementation of paragraph 4 , in accordance with the regulatory procedure laid down in article 19 . that evaluation shall be forwarded to the european parliament , together with the proposals .


### in one third of member states , signatories shall comprise at least the minimum number of citizens set out in annex i . ### in nine member states , the number of signatories shall conform to the formula of degressive proportionality as established in the current distribution of seats in the european parliament .


### the competent authorities shall , within a period that shall not exceed three months , verify the statements of support provided on the basis of appropriate checks , and deliver to the organiser a certificate in accordance with the model set out in annex vii , certifying the number of valid statements of support for that member state . ### the competent authorities shall , within a period that shall not exceed three months , verify the statements of support provided on the basis of sample checks , and deliver to the organiser a certificate in accordance with the model set out in annex vii , certifying the number of valid statements of support for that member state . the percentage of invalid signatures in the sample will be deducted from the overall number of statements of support . a certificate will only be issued if the remaining number of statements of support exceeds one million .


### the competent authorities shall , within a period that shall not exceed three months , verify the statements of support provided on the basis of appropriate checks , and deliver to the organiser a certificate in accordance with the model set out in annex vii , certifying the number of valid statements of support for that member state . ### the competent authorities shall , within a period that shall not exceed three months , verify the statements of support provided on the basis of appropriate checks , and deliver to the organisers a certificate in accordance with the model set out in annex vii , certifying the number of valid statements of support for that member state . for the purpose of verifying statements of support , the competent authorities shall check that the person is eligible to sign and has signed only once . the authentication of signatures shall not be required .


### publish the citizens ' initiative without delay on its website ; ### publish the citizens ' initiative without delay on its website , in all the official languages of the union ;


### where the commission receives a citizens ' initiative in accordance with article 10 it shall : publish the citizens ' initiative without delay on its website ; b . examine the citizens ' initiative and , within 4 months , set out in a communication its conclusions on the initiative , the action it intends to take , if any , and its reasons for doing so . ### where the commission receives a citizens ' initiative in accordance with article 10 it shall : publish the citizens ' initiative without delay on its website ; b . examine the citizens ' initiative , receive the organisers of the initiative at an appropriate level and , within three months , set out in a communication its initial conclusions on the initiative ; c . organise a public hearing jointly with the european parliament through its committee responsible , at which the commission shall be represented at commissioner or director - general level and at which the organisers shall have the opportunity to explain in detail the matters raised by the initiative ; d . present a legislative proposal within one year or include that proposal in its next year ' s work programme . if the commission does not present such a proposal it shall give the organisers as well as the european parliament and the council detailed explanations of its reasons for not acting on the initiative .


### the communication referred to in paragraph 1 shall be notified to the organiser of the citizens ' initiative as well as to the european parliament and the council and shall be made public . ### the list of citizens ' initiatives tabled , as well as the communication referred to in paragraph 1 , shall be notified to the organiser of the citizens ' initiative as well as to the european parliament and the council and shall be made public .


### the competent authority shall destroy all statements of support and copies thereof that it has received for the purpose of carrying out the verification in accordance with article 9 , at the latest one month after issuing the certificate referred to therein . ### the competent authority shall destroy all statements of support and copies thereof that it has received for the purpose of carrying out the verification in accordance with article 9 , at the latest two months after issuing the certificate referred to therein . in the event of litigation , they shall be destroyed one month after the conclusion of the litigation .


### the european parliament and the council may object to the delegated act within a period of two months from the date of notification . at the initiative of the european parliament or the council this period shall be extended by one month . ### the european parliament or the council may object to the delegated act within a period of two months from the date of notification . at the initiative of the european parliament or the council that period shall be extended by two months .


### the delegated act may be published in the official journal of the european union and enter into force before the expiry of that period if the european parliament and the council have both informed the commission of their intention not to raise objections . ### the delegated act shall be published in the official journal of the european union and enter into force before the expiry of that period if the european parliament and the council have both informed the commission of their intention not to raise objections .


### the commission shall inform the other member states thereof . ### the commission shall inform the other member states and the european parliament thereof .


### five years after the entry into force of this regulation , the commission shall present a report to the european parliament and the council on the implementation of this regulation . ### three years after the entry into force of this regulation , and every three years thereafter , the commission shall present a report to the european parliament and the council on the implementation of this regulation , with special emphasis on online collection systems and the application of transparency requirements concerning support and funding for initiatives , together , if appropriate , with a legislative proposal for amendment of this regulation .