### the authority may also request information to be provided at recurring intervals . ### the authority may also request information to be provided at recurring intervals . those requests shall use common reporting formats to be fulfilled , where appropriate , at a consolidated level .


### where the authority maintains its decision , the council , acting by qualified majority as defined in article 205 of the treaty , shall , within two months , decide whether the authority ' s decision is maintained or revoked . ### where the authority maintains its decision , the council shall take a decision whether the authority ' s decision is maintained or revoked on the basis of a qualified majority of its members , as defined in article 16 of the treaty on european union and in article 3 of the protocol on transitional provisions annexed to the treaty on european union and to the treaty on the functioning of the european union , at a meeting no later than two months after the authority has informed the member state as set out in subparagraph 4 .


### the authority may develop technical standards in the areas specifically set out in the legislation referred to in article 1 . the authority shall submit its draft standards to the commission for endorsement . ### the authority may develop technical standards to complete and modify elements that are not essential to the legislative acts referred to in article 1 . the technical standards do not represent strategic decisions and their content shall be limited by the legislation on which they are based .


### for the purpose of consultation with stakeholders in areas relevant to the tasks of the authority , a securities and markets stakeholder group shall be established . ### for the purpose of consultation with stakeholders in areas relevant to the tasks of the authority , a securities and markets stakeholder group shall be established . the stakeholder group shall be consulted on all relevant decisions and actions of the authority . if case of urgency immediate consultation is impossible , the stakeholder group has to be informed about the decision as quick as possible .


### the european system of financial supervisors should be a network of national and community supervisory authorities , leaving day - to - day supervision of financial market participant at the national level , and according a central role in the supervision of cross - border groups to colleges of supervisors . greater harmonisation and the coherent application of rules for financial market participants and markets across the community should also be achieved . a european securities and markets authority should be established , along with a european insurance and occupational pensions authority and a european banking authority . ### the european system of financial supervisors should be a network of national and union supervisory authorities , leaving day - to - day supervision of financial market participant that are not significant cross - border financial market participants at the national level . greater harmonisation and the coherent application of rules for financial market participants and markets across the union should also be achieved . a european supervisory authority should be established , along with a european supervisory authority and a european supervisory authority as well as a european supervisory authority .


### the chairperson shall be appointed by the board of supervisors on the basis of merit , skills , knowledge of financial market participants and markets , and experience relevant to financial supervision and regulation , following an open selection procedure . ### the chairperson shall be appointed by the european parliament on the basis of merit , skills , knowledge of financial market participants and markets , and experience relevant to financial supervision and regulation , following an open selection procedure managed by the board of supervisors who shall select the three strongest candidates for consideration by the european parliament .


### competent authorities shall establish and regularly update public passenger transport plans covering all relevant transport modes for the territory for which they are responsible . these public transport plans shall define the objectives of public transport policy and the means to implement them covering all relevant transport modes for the territory for which they are responsible . they shall at least include : ### agglomerations with more than 200 000 inhabitants must have a transport plan . the competent authorities shall draw up public passenger transport plans and update them as necessary . if interregional services are involved , the transport plans shall be adopted accordingly . these public transport plans shall define the objectives of public transport policy .


### where competent authorities , in accordance with national law , require public service operators to comply with certain quality and social standards or establish social and qualitative criteria , these standards and criteria shall be included in the tender documents and in the public service contracts . ### the competent authorities shall , in accordance with national law , set the quality and social standards , determine appropriate social and qualitative criteria , such as the obligation to retain workers employed by the previous operator on at least the same terms , and include these in the tender documents and in the public service contracts , regardless of the type of award procedure involved . when the award criteria are set , social and qualitative criteria must each be given a weighting of 20 % .


### where competent authorities , in accordance with national law , require public service operators to comply with certain quality and social standards or establish social and qualitative criteria , these standards and criteria shall be included in the tender documents and in the public service contracts . ### the competent authorities shall , without prejudice to national law and union law , including collective agreements concluded between social partners , lay down the quality , social and environmental standards applicable , determine appropriate social and qualitative criteria and include these standards and criteria in the tender documents and in the public service contracts , regardless of the award procedure , unless at a national , regional or local level a law , a regulation or a binding sector - wide collective agreement , including binding social standards and compulsory transfer of staff in case of change of operator , exists for the staff concerned .


### a maximum annual volume of a public service contract for passenger transport by rail needs to be set to facilitate competition for such contracts while allowing competent authorities some flexibility to optimise the volume according to economic and operational considerations . ### a maximum annual volume of a public service contract for passenger transport by rail needs to be set in a way that facilitates competition between small bidders , new entrants and the incumbent operator , for such contracts while allowing competent authorities some flexibility to optimise the volume according to economic and operational considerations .


### achieve the objectives of the public transport plan in the most cost - effective manner ; ### achieve the objectives of the public transport plan in an economically balanced and environmentally and socially sustainable manner ;


### “competent local authority” means any competent authority whose geographical area of competence is not national and which covers the transport needs of an urban agglomeration or a rural district ; ### ' competent local authority ' means any competent authority whose geographical area of competence is not national and which covers the transport needs of an urban agglomeration or a rural district or both ;


### ' where competent authorities , in accordance with national law , require public service operators to comply with certain quality and social standards or establish social and qualitative criteria , these standards and criteria shall be included in the tender documents and in the public service contracts . ' ### the competent authorities shall , in accordance with national law , set the quality and social standards , determine appropriate social and qualitative criteria with a view to adopting a collective agreement at national level before 3 december 2019 and , irrespective of the award procedure , include these standards and criteria in the tender documents and in the public service contracts .


### “competent local authority” means any competent authority whose geographical area of competence is not national and which covers the transport needs of an urban agglomeration or a rural district ; ### ' competent local authority ' means any competent authority whose geographical area of competence is not national and which covers the transport needs of an urban agglomeration and / or a rural district or area ;


### member states shall in compliance with state aid rules take the necessary measures to ensure effective and non - discriminatory access to suitable rolling stock for public passenger transport by rail for operators wishing to provide public passenger transport services by rail under public service contract . ### member states shall in compliance with state aid rules take the necessary measures to ensure effective and non - discriminatory access conditions to suitable rolling stock for public passenger transport by rail with the exceptions of other track - based modes as metro and tramways for operators wishing to provide public passenger transport services by rail with the exception of other track - based modes as metro or tramways services under public service contract .


### where they concern the annual provision of less than 300 000 kilometres of public passenger transport services or less than 150 000 kilometres in the case of a public service contract including public transport by rail . ### where they concern the annual provision of less than 5 000 000 kilometres of public passenger transport services or less than 5 000 000 kilometres in the case of a public service contract including public transport by rail , or


### in view of creating framework conditions for enabling society to fully reap the benefits of effective opening of the market for domestic passenger transport services by rail it is important that member states ensure an adequate level of social protection for the staff of public service operators . ### in view of creating framework conditions for enabling society to fully reap the benefits of effective opening of the market for domestic passenger transport services by rail it is important that member states ensure an adequate level of social protection for the staff of public service operators . a minimum service level during public transport strikes


### when assessing whether a lack of substantial reciprocity exists , the commission should examine to what degree public procurement laws of the country concerned ensure transparency in line with international standards in the field of public procurement and preclude any discrimination against union goods , services and economic operators . in addition , it should examine to what degree public authorities and / or individual procuring entities maintain or adopt discriminatory practices against union goods , services and economic operators . ### when assessing whether a lack of substantial level playing field exists , the commission should examine to what degree public procurement laws of the country concerned ensure transparency in line with international standards in the field of public procurement and preclude any discrimination against union goods , services and economic operators . in addition , it should examine to what degree public authorities and / or individual procuring entities maintain or adopt discriminatory practices against union goods , services and economic operators .


### articles 58 and 59 of directive 2004 / 17 / ec shall be repealed with effect from the entry into force of this regulation . ### the commission shall assess whether if articles 58 and 59 of directive 2004 / 17 / ec shall be maintained . in view of the conclusions of this assessment , the commission shall submit a legislative proposal repealing those articles with effect from the entry into force of this regulation .


### within the context of the world trade organisation and through its bilateral relations the union advocates an ambitious opening of international public procurement markets of the union and its trading partners , in a spirit of reciprocity and mutual benefit . ### within the context of the world trade organisation and through its bilateral relations the union advocates an ambitious opening of international public procurement markets of the union and its trading partners , aiming at creating a level playing field and mutual benefits .


### information from member states is crucial for the effective functioning of the procedures leading to decision on market restriction of new psychoactive substances . therefore , member states should collect , on a regular basis , data on the use of new psychoactive substances , related health , safety and social problems and policy responses , in accordance with the emcdda framework for data collection for the key epidemiological indicators and other relevant data . they should share this data . ### information from member states is crucial for the effective functioning of the procedures leading to decision on market restriction of new psychoactive substances . therefore , member states should monitor and collect , on a regular basis , data on the use of any new psychoactive substances , related health , safety and social problems and policy responses , in accordance with the emcdda framework for data collection for the key epidemiological indicators and other relevant data . they should share this data notably with the emcdda , europol and the european commission .


### where an application concerns a document originating from a member state , other than documents transmitted in the framework of procedures leading to a legislative act or a non - legislative act of general application , the authorities of that member state shall be consulted . the institution holding the document shall disclose it unless the member state gives reasons for withholding it , based on the exceptions referred to in article 4 or on specific provisions in its own legislation preventing disclosure of the document concerned . the institution shall appreciate the adequacy of reasons given by the member state insofar as they are based on exceptions laid down in this regulation . ### where an application concerns a document originating from a member state , other than documents transmitted in the framework of procedures leading to a legislative act or a non - legislative act of general application , or information submitted to the commission concerning the implementation of union legislation , until such time as any court proceedings relating to it have begun , the authorities of that member state shall be consulted . the institution , body , office or agency holding the document shall disclose it unless the member state gives reasons for withholding it , based on the exceptions referred to in article 4 . the institution shall appreciate the adequacy of such reasons given by the member state .


### for the purpose of this regulation : ' document ' means any content whatever its medium drawn - up by an institution and formally transmitted to one or more recipients or otherwise registered , or received by an institution ; data contained in electronic storage , processing and retrieval systems are documents if they can be extracted in the form of a printout or electronic - format copy using the available tools for the exploitation of the system ; ' third party ' means any natural or legal person , or any entity outside the institution concerned , including the member states , other community or non - community institutions and bodies and third countries . ### for the purpose of this regulation : ' document ' shall mean any content whatever its medium concerning a matter relating to the policies , activities and decisions falling within the sphere of responsibility of a union institution , body , office or agency ; data contained in electronic storage , processing and retrieval systems constitute a document if they can be extracted using any reasonably available tools for the exploitation of the system concerned . an institution , body , office or agency that intends to create a new electronic storage system , or to substantially change an existing system , shall evaluate the likely impact on the right of access guaranteed by this regulation and act so as to promote the objective of transparency . the functions for the retrieval of information stored in electronic storage systems shall be adapted in order to satisfy repeated requests from the public which cannot be satisfied using the tools currently available for the exploitation of those systems ; ' classified documents ' shall mean documents which have been totally or partially classified in accordance with article 3a of this regulation ; ' legislative act ' shall for the purposes of this regulation include documents drawn up or received in the course of legislative procedures for the adoption of legislative acts , including measures of general application under delegated and implementing powers , and acts of general application which are legally binding in or on the member states ; ' administrative task ' shall mean measures dealing with organisational , administrative or budgetary matters which are internal to the institution , body , office or agency concerned ; ' archive system ' shall mean a tool or a procedure of the institutions , bodies , offices and agencies for managing in a structured way the filing of all their documents referring to an ongoing or recently concluded procedure ; ' historical archives ' shall mean that part of the archives of the institutions , bodies , offices or agencies which has been selected , on the terms laid down in point , for permanent preservation ; a detailed list of all the categories of acts covered by the definitions in points to shall be published in the official journal of the european union and on the internet sites of the institutions , bodies , offices and agencies , which shall also agree and publish their common criteria for archiving . ' third party ' shall mean any natural or legal person , or any entity outside the institution , body , office or agency concerned , including the member states , other union or non - union institutions and bodies and third countries .


### the exceptions as laid down in this article shall only apply for the period during which protection is justified on the basis of the content of the document . the exceptions may apply for a maximum period of 30 years . in the case of documents covered by the exceptions relating to the protection of personal data or commercial interests and in the case of sensitive documents , the exceptions may , if necessary , continue to apply after this period . ### the exceptions as laid down in this article shall in principle not apply to documents transmitted in the framework of procedures leading to a legislative act or delegated or implementing act of general application . the exceptions shall only apply for the period during which protection is justified on the basis of the content of the document . the exceptions may apply for a maximum period of 30 years .


### beneficiaries and scope any natural or legal person shall have a right of access to documents of the institutions , subject to the principles , conditions and limits defined in this regulation . 2 . this regulation shall apply to all documents held by an institution , namely , documents drawn up or received by it and in its possession concerning a matter relating to the policies , activities and decisions falling within its sphere of responsibility , in all areas of activity of the european union . 3 . without prejudice to articles 4 and 9 , documents shall be made accessible to the public either following a written application or directly in electronic form or through a register . in particular , documents drawn up or received in the course of a legislative procedure shall be made directly accessible in accordance with article 12 . 4 . sensitive documents as defined in article 9 shall be subject to special treatment in accordance with that article . 5 . this regulation shall not apply to documents submitted to courts by parties other than the institutions . 6 . without prejudice to specific rights of access for interested parties established by ec law , documents forming part of the administrative file of an investigation or of proceedings concerning an act of individual scope shall not be accessible to the public until the investigation has been closed or the act has become definitive . documents containing information gathered or obtained from natural or legal persons by an institution in the framework of such investigations shall not be accessible to the public . 7 . this regulation shall be without prejudice to rights of public access to documents held by the institutions which might follow from instruments of international law or acts of the institutions implementing them . ### beneficiaries any natural or legal person or any association of legal or natural persons shall have a right of access to documents of the institutions , bodies , offices or agencies , subject to the principles , conditions and limits defined in this regulation .


### the exceptions under paragraphs and shall apply unless there is an overriding public interest in disclosure . as regards paragraph 2 an overriding public interest in disclosure shall be deemed to exist where the information requested relates to emissions into the environment . ### the exceptions under paragraph to shall apply unless there is an overriding public interest in disclosure . when balancing the public interest in disclosure , special weight shall be given to the fact that the requested documents relate to the protection of fundamental rights or the right to live in a healthy environment . an institution , body , office or agency invoking one of these exceptions has to show that the risk to the interest protected is foreseeable and not purely hypothetical , and define how access to the document could specifically and effectively undermine the interest protected .


### consultations as regards third - party documents , the institution shall consult the third party with a view to assessing whether an exception referred to&#160 ; in article 4 is applicable , unless it is clear that the document shall or shall not be disclosed . 2 . where an application concerns a document originating from a member state , other than documents transmitted in the framework of procedures leading to a legislative act or a non - legislative act of general application , the authorities of that member state shall be consulted . the institution holding the document shall disclose it unless the member state gives reasons for withholding it , based on the exceptions referred to in article 4 or on specific provisions in its own legislation preventing disclosure of the document concerned . the institution shall appreciate the adequacy of reasons given by the member state insofar as they are based on exceptions laid down in this regulation . 3 . where a member state receives a request for a document in its possession , which originates from an institution , unless it is clear that the document shall or shall not be disclosed , the member state shall consult with the institution concerned in order to take a decision that does not jeopardise the objectives of this regulation . the member state may instead refer the request to the institution . ### consultation of third parties as regards third - party documents , the institution , bodies , offices and agencies , shall consult the third party with a view to assessing whether an exception referred to&#160 ; in article 4 is applicable , unless it is clear that the document shall or shall not be disclosed . documents provided to institutions , bodies , offices or agencies for the purpose of influencing policy - making by lobbyists and other interested parties should be made public . 2 . where an application concerns a document originating from a member state , other than documents transmitted in the framework of procedures leading to a legislative act or a delegated or implementing act of general application the authorities of that member state shall be consulted . the institution holding the document shall disclose it unless the member state gives reasons for withholding it , based on the exceptions referred to in article 4 or on specific provisions in its own legislation preventing disclosure of the document concerned . the institution shall appreciate the adequacy of reasons given by the member state insofar as they are based on exceptions laid down in this regulation . 3 . where a member state receives a request for a document in its possession , which originates from an institution , body , office or agency , unless it is clear that the document shall or shall not be disclosed , the member state shall consult with the institution concerned in order to take a decision that does not jeopardise the objectives of this regulation . the member state may instead refer the request to the institution .


### names , titles and functions of public office holders , civil servants and interest representatives in relation with their professional activities shall be disclosed unless , given the particular circumstances , disclosure would adversely affect the persons concerned . other personal data shall be disclosed in accordance with the conditions regarding lawful processing of such data laid down in ec legislation on the protection of individuals with regard to the processing of personal data . ### personal data shall not be disclosed if such disclosure would harm the privacy or the integrity of the person concerned . such harm shall not be deemed to be caused : - if the data relate solely to the professional activities of the person concerned unless , given the particular circumstances , there is reason to assume that disclosure would adversely affect that person ; - if the data relate solely to a public person unless , given the particular circumstances , there is reason to assume that disclosure would adversely affect that person or other persons connected with him or her ; - if the data have already been published with the consent of the person concerned . personal data shall nevertheless be disclosed if an overriding public interest requires disclosure . in such a case , the institution , body , office or agency concerned shall be required to specify the public interest . it shall give reasons why , in the specific case , the public interest outweighs the interests of the person concerned . where an institution , body , office or agency refuses access to a document on the basis of this paragraph , it shall consider whether it is possible to grant partial access to that document .


### beneficiaries and scope any natural or legal person shall have a right of access to documents of the institutions , subject to the principles , conditions and limits defined in this regulation . 2 . this regulation shall apply to all documents held by an institution , namely , documents drawn up or received by it and in its possession concerning a matter relating to the policies , activities and decisions falling within its sphere of responsibility , in all areas of activity of the european union . 3 . without prejudice to articles 4 and 9 , documents shall be made accessible to the public either following a written application or directly in electronic form or through a register . in particular , documents drawn up or received in the course of a legislative procedure shall be made directly accessible in accordance with article 12 . 4 . sensitive documents as defined in article 9 shall be subject to special treatment in accordance with that article . 5 . this regulation shall not apply to documents submitted to courts by parties other than the institutions . 6 . without prejudice to specific rights of access for interested parties established by ec law , documents forming part of the administrative file of an investigation or of proceedings concerning an act of individual scope shall not be accessible to the public until the investigation has been closed or the act has become definitive . documents containing information gathered or obtained from natural or legal persons by an institution in the framework of such investigations shall not be accessible to the public . 7 . this regulation shall be without prejudice to rights of public access to documents held by the institutions which might follow from instruments of international law or acts of the institutions implementing them . ### beneficiaries any natural or legal person or any association of legal or natural persons shall have a right of access to documents of the institutions , bodies , offices and agencies , subject to the principles , conditions and limits defined in this regulation . 2 . persons who are eu representatives , such as members of the european parliament , of the council presidency , or the high representative for foreign affairs and security policy , or persons who work for a union institution , body , office or agency should use when acting in their official capacity the internal means available to them when looking for a document , unless they are acting as citizens rather than in connection with their professional duties .


### the exceptions under paragraphs and shall apply unless there is an overriding public interest in disclosure . as regards paragraph 2 an overriding public interest in disclosure shall be deemed to exist where the information requested relates to emissions into the environment . ### the exceptions under paragraphs to shall apply unless there is an overriding public interest in disclosure . when balancing the public interest in disclosure , special weight shall be given to the fact that the requested documents relate to the protection of fundamental rights or the right to live in a healthy environment . as regards paragraphs 2 , and an overriding public interest in disclosure shall be deemed to exist where the information requested relates to emissions into the environment , with the exception of investigations , in particular those concerning possible infringements of union law . as regards the other exceptions set out in article 4 , the institution concerned must take into account the public interest served by disclosure and whether the information requested relates to emissions into the environment , if a request concerns access to environmental information .


### the exceptions as laid down in this article shall only apply for the period during which protection is justified on the basis of the content of the document . the exceptions may apply for a maximum period of 30 years . in the case of documents covered by the exceptions relating to the protection of personal data or commercial interests and in the case of sensitive documents , the exceptions may , if necessary , continue to apply after this period . ### the exceptions as laid down in this article shall not apply to documents transmitted in the framework of procedures leading to a legislative act or a non - legislative act of general application . the exceptions shall only apply for the period during which protection is justified on the basis of the content of the document . the exceptions may apply for a maximum period of 30 years .


### this regulation shall be without prejudice to any existing rules on copyright which may limit a third party ' s right to obtain copies of documents or to reproduce or exploit released documents . ### this regulation shall be without prejudice to any existing rules on copyright which may limit a third party ' s right to reproduce or exploit released documents .


### a quantified forecast of the damage costs at union level demonstrating the significance for the union , so as to further justify action because the overall damage would outweigh the cost of mitigation ; ### an assessment of the potential costs at union level ;


### in accordance with directive 95 / 46 / ec and directive 2002 / 58 / ec , manufacturers shall ensure that vehicles equipped with ecall in - vehicle system are not traceable and are not subject to any constant tracking in their normal operational status related to the ecall . ### in accordance with directive 95 / 46 / ec and directive 2002 / 58 / ec , manufacturers shall ensure that vehicles equipped with in - vehicle system are not traceable and are not subject to any constant tracking in their operational status related to the 112 - based - e - call , private ecall or added value services based on the system .


### the mandatory equipping of vehicles with the ecall in - vehicle system should be without prejudice to the right of all stakeholders such as car manufacturers and independent operators to offer additional emergency and / or added value services , in parallel with or building on the 112 - based ecall in - vehicle system . however , these additional services should be designed not to increase driver distraction . ### the equipping of vehicles with the ecall in - vehicle system should be without prejudice to the right of all stakeholders such as car manufacturers and independent operators to offer additional emergency and / or added value services , in parallel with or building on the 112 - based ecall in - vehicle system . however , these additional services should be designed not to increase driver distraction .


### the minimum set of data sent by the ecall in - vehicle system shall include only the minimum information required for the appropriate handling of emergency calls . ### when processing data , ecall service providers and third party service providers shall comply with the data minimisation principle meaning that only the data necessary to achieve the purpose pursued should be collected . consequently , the ' minimum set of data ' sent by the ecall in - vehicle system shall include only the time of incident , the precise location including direction of driving , the vehicle identification , the ecall identifier giving the severity of the incident , information about a possible service provider .


### the amounts of direct payments within the meaning of article 2 of regulation no 73 / 2009 to be granted to a farmer in excess of eur 5000 for an aid application submitted in respect of calendar year 2013 shall be reduced by 4 . 981759&#160 ; % . ### the amounts of direct payments within the meaning of article 2 of regulation no 73 / 2009 to be granted to a farmer for an aid application submitted in respect of calendar year 2013 shall be reduced by [ xxx ] &#160 ; % .


### the mechanism of the financial discipline , together with the modulation , was introduced with the 2003 cap reform . both instruments provided for a linear reduction of the amount of direct payments to be granted to farmers . taking into account the implications of the unequal distribution of direct payments between small and large beneficiaries , modulation has been applied to amounts in excess of eur 5000 in order to achieve a more balanced distribution of payments . in respect of calendar year 2013 , the adjustment of direct payments referred to in article 10 of regulation no 73 / 2009 continues to provide for the same exemption as the modulation . the financial discipline should be applied in a similar way to also contribute to achieving the objective of a more balanced distribution of payments ; therefore , it is appropriate to provide for the application of the adjustment rate only for amounts in excess of eur 5000 . ### the mechanism of the financial discipline was introduced with the 2003 cap reform . the instrument provided for a linear reduction of the amount of direct payments to be granted to farmers . the financial discipline should be applied in a way that will ensure equal treatment of all farmers , therefore it is appropriate to provide for the application of the adjustment rate to all amounts .


### the mechanism of the financial discipline , together with the modulation , was introduced with the 2003 cap reform . both instruments provided for a linear reduction of the amount of direct payments to be granted to farmers . taking into account the implications of the unequal distribution of direct payments between small and large beneficiaries , modulation has been applied to amounts in excess of eur 5000 in order to achieve a more balanced distribution of payments . in respect of calendar year 2013 , the adjustment of direct payments referred to in article 10 of regulation no 73 / 2009 continues to provide for the same exemption as the modulation . the financial discipline should be applied in a similar way to also contribute to achieving the objective of a more balanced distribution of payments ; therefore , it is appropriate to provide for the application of the adjustment rate only for amounts in excess of eur 5000 . ### the mechanism of the financial discipline was introduced with the 2003 cap reform . that instrument provides for a linear reduction of the amount of direct payments to be granted to farmers , which means equal treatment for all farmers and member states .


### the commission shall review and report on the implementation and effectiveness of this chapter , in particular as regards the scope of the reporting obligations and the modalities of the reporting on a project basis . the review should also take into account international developments and consider the effects on competitiveness and security of energy supply . it should be completed at the latest five years after the date of entry into force of this directive . the report shall be submitted to the european parliament and the council , together with a legislative proposal , if appropriate . ### the commission shall review and report on the implementation and effectiveness of this chapter , in particular as regards the scope of the reporting obligations and the modalities of the reporting on a project basis . the review should also take into account international developments and consider the effects on competitiveness and security of energy supply . it should be completed at the latest three years after the date of entry into force of this directive . the report shall be submitted to the european parliament and the council , together with a legislative proposal , if appropriate .


### the reports should serve to facilitate governments of resource - rich countries in implementing the eiti principles and criteria and account to their citizens for payments such governments receive from undertakings active in the extractive industry or loggers of primary forests operating within their jurisdiction . the report should incorporate disclosures on a country and project basis , where a project is considered as the lowest level of operational reporting unit at which the undertaking prepares regular internal management reports , such as a concession , geographical basin , etc and where payments have been attributed to such projects . in the light of the overall objective of promoting good governance in these countries , the materiality of payments to be reported should be assessed in relation to the recipient government . various criteria on materiality could be envisaged such as payments of an absolute amount , or a percentage threshold and these can be defined through a delegated act . the reporting regime should be subject to a review and a report by the commission within five years of the entry into force of the directive . the review should consider the effectiveness of the regime and take into account international developments including issues of competitiveness and energy security . the review should also take into account the experience of preparers and users of the payments information and consider whether it would be appropriate to include additional payment information such as effective tax rates and recipient details , such as bank account information . ### the disclosures should serve to facilitate governments of resource - rich countries in implementing the eiti principles and criteria , amongst other voluntary reporting standards , and account to their citizens for payments such governments receive from undertakings operating within their jurisdiction . the disclosures should be on a country - by - country and project - by - project basis , where a project is considered as the lowest level of operational reporting unit at which the undertaking prepares regular internal management reports such as a contract , licence , lease or other legal agreement under which an undertaking operates , which give rise to specific revenue liabilities and where payments have been attributed to such projects . in the light of the overall objective of promoting good governance in these countries , the materiality of payments to be reported should be assessed in relation to the recipient government . various criteria on materiality could be envisaged such as payments of an absolute amount , or a percentage threshold and these can be defined through a delegated act . in any case , both materiality of payments and definition of projects shall take into account the local and regional impact of the operation . the reporting regime should be subject to a review and a report by the commission within three years of the entry into force of the directive . the review should consider the effectiveness of the regime and take into account international developments including issues of competitiveness and energy security . the review should also take into account the experience of preparers and users of the payments information and consider whether it would be appropriate to include additional financial information and recipient details , such as bank account information .


### taxes on profits ; ### taxes on profits and the effective tax rate applied ;


### member states shall require large undertakings and all public interest entities active in the extractive industry or the logging of primary forests to prepare and make public a report on payments made to governments on an annual basis . ### member states shall require all undertakings and public interest entities to prepare , have audited and make public a report on payments made to governments in their annual reports .


### the reports should serve to facilitate governments of resource - rich countries in implementing the eiti principles and criteria and account to their citizens for payments such governments receive from undertakings active in the extractive industry or loggers of primary forests operating within their jurisdiction . the report should incorporate disclosures on a country and project basis , where a project is considered as the lowest level of operational reporting unit at which the undertaking prepares regular internal management reports , such as a concession , geographical basin , etc and where payments have been attributed to such projects . in the light of the overall objective of promoting good governance in these countries , the materiality of payments to be reported should be assessed in relation to the recipient government . various criteria on materiality could be envisaged such as payments of an absolute amount , or a percentage threshold and these can be defined through a delegated act . the reporting regime should be subject to a review and a report by the commission within five years of the entry into force of the directive . the review should consider the effectiveness of the regime and take into account international developments including issues of competitiveness and energy security . the review should also take into account the experience of preparers and users of the payments information and consider whether it would be appropriate to include additional payment information such as effective tax rates and recipient details , such as bank account information . ### the reports should serve to facilitate governments of resource - rich countries in implementing the eiti principles and criteria and account to their citizens for payments such governments receive from undertakings active in the extractive industry or loggers of primary forests operating within their jurisdiction . the report should incorporate disclosures on a country and project basis , where a project is considered as the lowest level of operational reporting unit at which the undertaking prepares regular internal management reports , such as a concession , geographical basin , etc and where payments have been attributed to such projects . as regards materiality , the report should exclude any payments that do not exceed eur 100 000 or payments that have been attributed to a project with an overall cost of less than eur 25 million . the reporting regime should be subject to a review and a report by the commission within three years of the entry into force of the directive . the review should consider the effectiveness of the regime and take into account international developments including issues of competitiveness and energy security . the review should also take into account the experience of preparers and users of the payments information and consider whether it would be appropriate to include additional payment information such as effective tax rates and recipient details , such as bank account information .


### the payout delay of at maximum six weeks from 31 december 2010 , runs counter to the need to maintain depositor confidence and does not meet their needs . the payout delay should therefore be reduced to a period of one week . ### the payout delay of at maximum six weeks from 31 december 2010 , runs counter to the need to maintain depositor confidence and does not meet their needs . the payout delay should therefore be reduced to a period of five working days .


### taking into account efrag ' s key role in supporting internal market law and policy and in representing european interests in the standard - setting process at international level , it is necessary for the union to ensure efrag ' s stable financing and thus contribute to its funding . ### taking into account efrag ' s single role in ensuring that ifrs are compliant with the requirements of union company law and policy , as laid out in the ias regulation 2002 , it is necessary for the union to ensure efrag ' s stable financing and thus contribute to its funding . such financing arrangements should be reassessed in the light of any decision taken to give efrag more responsibilities in terms of influencing the iasb in addition to fulfilling the basic task required by the ias regulation 2002 .


### financing under the programme shall be provided in the form of operating grants . ### financing under the programme shall be provided in the form of operating grants , renewed annually after the commission has conducted an assessment of whether the beneficiaries have achieved the goals laid out in the programme and subject to approval from the european parliament .


### in a global economy , there is a need for a global accounting language . international financial reporting standards developed by the international accounting standards board are adopted and used in many jurisdictions around the world . such international accounting standards need to be developed under a transparent and democratically accountable process . to ensure that the interests of the union are respected and that global standards are of high quality and compatible with union law , it is essential that the interests of the union are adequately taken into account in that international standard - setting process . ### in a global economy , there is a need for a global accounting language , while taking into account the many different accounting traditions and languages already used . international financial reporting standards developed by the international accounting standards board are adopted and used in many jurisdictions around the world , although it must be noted that there are no processes currently in place to ensure that ifrs have been fully implemented in those jurisdictions . such international accounting standards need to be developed under a transparent and democratically accountable process . to ensure that the interests of the union are respected and that global standards are of high quality and compatible with union law , it is vital that the iasb accepts the central idea at the heart of european accounting , which is the requirement for accounts to be prepared on a prudent basis and to be true and fair for all the functions required of accounts by union law .


### taking into account efrag ' s key role in supporting internal market law and policy and in representing european interests in the standard - setting process at international level , it is necessary for the union to ensure efrag ' s stable financing and thus contribute to its funding . ### taking into account efrag ' s single role in ensuring that ifrs are compliant with the requirements of union company law and policy , as laid out in the ias regulation 2002 , it is necessary for the union to ensure efrag ' s stable financing and thus contribute to its funding provided its board structure and working rules are reformed and its mission is clarified . such financing arrangements should be further reassessed in the light of any decision taken to give efrag more responsibilities in terms of influencing the iasb in addition to fulfilling the basic task required by the ias regulation 2002 . the european commission is invited to come forward at the latest by beginning 2014 with a legislative proposal taking into account the conclusions of philippe maystadt , whose mission will focus on a review of the governance of eu bodies in the field of financial reporting and accounting and the accounting regulatory committee ) .


### the european financial reporting advisory group was founded in 2001 by european organisations representing issuers , investors and the accountancy profession involved in the financial reporting process . in accordance with regulation no 1606 / 2002 , efrag provides the commission with opinions on whether an accounting standard issued by the iasb or an interpretation issued by the ifrs interpretations committee , which is to be endorsed , complies with the endorsement criteria set out in that regulation . efrag is also taking up the role of the ‘ single european accounting voice’ in the global arena . in that capacity , efrag provides input to the iasb ' s standard - setting process . ### the european financial reporting advisory group was founded in 2001 by european organisations representing issuers , investors and the accountancy profession involved in the financial reporting process . in accordance with regulation no 1606 / 2002 , efrag provides the commission with opinions on whether an accounting standard issued by the iasb or an interpretation issued by the ifrs interpretations committee , which is to be endorsed , complies with the endorsement criteria set out in that regulation .


### bodies working in the field of accounting and auditing are highly dependent on funding and play major roles in the union which are decisive for the functioning of the internal market . the proposed beneficiaries of the programme established by decision no 716 / 2009 / ec have been co - financed by operating grants from the union budget , which has allowed them to increase their independence from private - sector and ad - hoc funding , thereby raising their capacity and credibility . ### bodies working in the field of accounting and auditing are highly dependent on funding and play major roles in the union which are decisive for the functioning of the internal market . the proposed beneficiaries of the programme established by decision no 716 / 2009 / ec have been co - financed by operating grants from the union budget , which has allowed them to increase their financial independence from private - sector and ad - hoc sources , thereby raising their capacity and credibility . public funding in itself however should not be seen as having confirmed this independence from the private sector . in particular , greater transparency around membership of the iasb ' s and efrag ' s board and other committees should be required to ensure all stakeholders are represented in the endorsement process . all employees of efrag and iasb should be required to declare other relevant financial or job interests or commitments .


### a complaint submitted to the platform shall be processed if the complaint form is fully completed . ### a complaint submitted to the odr platform shall be processed , if all the necessary fields of the complaint form are fully completed . if the complaint form has not been fully completed , a competent consumer advisor from the member state , which the complainant party has indicated as its member state of residence , shall contact the complainant party and offer support in fully completing that form . any complaint form not fully completed within seven working days from the date on which the complaint was submitted shall not be processed further .


### a complaint submitted to the platform shall be processed if the complaint form is fully completed . ### a complaint submitted to the odr platform shall only be processed if all the necessary sections of the complaint form are fully completed . if this is not the case , the odr platform shall inform the complainant party of the decision not to process the form and the reasons why . the platform shall also offer the complainant party the services of a facilitator in completing his electronic claim form should he so desire . if this is the case , the facilitator shall contact the complainant party for this purpose .


### access to information , including personal data , related to a dispute and stored in the database referred to in article 10 shall be granted , for the purposes referred to in article 9 , only to the adr entity to which the dispute was transmitted in accordance with article 8 . access to the same information shall be granted also to odr facilitators for the purposes referred to in article 6 . ### access to information , including personal data , related to a dispute and stored in the database referred to in article 10 shall be granted , for the purposes referred to in article 9 , only to the adr entity to which the dispute was transmitted in accordance with article 8 . access to the same information shall be granted also to odr facilitators for the purposes referred to in article 6 and .


### the commission shall be responsible for the odr platform as regards its development , its operation , its maintenance and as regards data security . ### the commission shall be responsible for the odr platform as regards its development and operation and as regards translations , user - friendliness maintenance , funding and data security . the development , operation , user - friendliness and maintenance of the platform shall respect the principles ‘ privacy by design’ and , as far as possible ‘ design for all’ .


### this regulation aims at creating an online dispute resolution platform at european level . the odr platform should take the form of an interactive website offering a single point of entry to consumers and traders seeking to resolve disputes out - of - court which have arisen from a cross - border e - commerce transaction . it should allow consumers and traders to submit complaints by filling in an electronic complaint form available in all official languages of the union and transmit complaints to an alternative dispute resolution entity competent to deal with the dispute concerned . the platform should offer to adr entities and the parties the possibility of conducting the dispute resolution procedure via the platform . ### this regulation aims at creating an online dispute resolution platform at european level . the odr platform should take the form of a dedicated interactive website offering a single point of entry to consumers and traders seeking to resolve disputes out - of - court which have arisen from a cross - border e - commerce transaction . it should provide general information regarding the out - of - court settlement of contractual disputes between traders and consumers arising from the online sale of goods or provision of services . it should allow consumers and traders to submit complaints by filling in an electronic complaint form available in all official languages of the union and inform them of the possibility of seeking assistance from facilitators if necessary in completing the form correctly . it should transmit complaints to an alternative dispute resolution entity competent to deal with the dispute concerned . the platform should offer to adr entities and the parties the possibility of conducting the dispute resolution procedure via the platform .


### the purpose of this regulation is to contribute to the functioning of the internal market , and in particular its digital dimension , and to the achievement of a high level of consumer protection by providing a platform facilitating the impartial , transparent , effective and fair out - of - court resolution of disputes between consumers and traders online . ### the purpose of this regulation is to contribute to the functioning of the internal market and to the achievement of a high level of consumer protection by providing an online platform facilitating the impartial , transparent , effective and fair out - of - court resolution of disputes between consumers and traders .


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


### other tourist services , such as admission to concerts , sport events , excursions or event parks are services that , in combination with either carriage of passengers , accommodation and / or car rental , should be considered as capable of constituting a package or an assisted travel arrangement . however , such packages should only fall within the scope of this directive if the relevant tourist service accounts for a significant proportion of the package . generally , the tourist service should be considered as a significant proportion of the package if it accounts for more than 20% of the total price or otherwise represents an essential feature of the trip or holiday . ancillary services , such as travel insurance , transport of luggage , meals and cleaning provided as part of accommodation , should not be considered as tourist services in their own right . ### other tourist services , such as admission to concerts , sport events , excursions or event parks are services that , in combination with either carriage of passengers , accommodation and / or car rental , should be considered as capable of constituting a package or an assisted travel arrangement . however , such packages should only fall within the scope of this directive if the relevant tourist service accounts for a significant proportion of the package . generally , the tourist service should be considered as a significant proportion of the package if is specifically referred to as such , accounts for more than 40% of the total price or otherwise represents an essential feature of the trip or holiday . ancillary services , such as , in particular , travel insurance , transport between the station and the accommodation , transport at the beginning of the trip and as part of excursions , transport of luggage , the sale of ski passes , bicycle or car hire , meals and cleaning provided as part of accommodation , should not be considered as tourist services in their own right .


### packages where not more than one travel service as referred to in points , , and of article 3 is combined with a travel service as referred to in point of article 3 if this service does not account for a significant proportion of the package ; or ### packages where not more than one travel service as referred to in points , , and of article 3 is combined with a travel service as referred to in point of article 3 if this service does not account for up to 40% of the package ; or


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


### impose quantitative restrictions of importations into the union of fish of any associated species , and fishery products made of or containing such fish , when caught while conducting fisheries on the stock of common interest under the control of the country allowing non - sustainable fishing ; in such a case , the commission shall define appropriate means to determine which catches fall within the scope of the measure ; ### impose quantitative restrictions on importations into the union of all fish and fishery products of any species originating from a country allowing non - sustainable fishing ;


### impose restrictions of the use of union ports by vessels flying the flag of the country allowing non - sustainable fishing that fish the stock of common interest and by vessels transporting fish and fishery products stemming from the stock of common interest that had been caught either by vessels flying the flag of the country allowing non - sustainable fishing or by vessels authorised by it while flying another flag ; such restrictions shall not apply in cases of force majeure or distress within the meaning of article 18 of the unclos for services strictly necessary to remedy those situations ; ### impose restrictions on the use of union ports by vessels flying the flag of the country allowing non - sustainable fishing ; such restrictions shall not apply in cases of force majeure or distress within the meaning of article 18 of the unclos for services strictly necessary to remedy those situations ;


### it is necessary that the adoption of such measures be preceded by an evaluation of their expected environmental , trade , economic and social effects . ### in order to ensure that the envisaged measures are not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination between countries where the same conditions prevail , or a disguised restriction on international trade , it is necessary that the adoption of such measures be preceded by an evaluation of their expected environmental , trade , economic and social effects .


### in adopting measures in accordance to this regulation , the commission shall evaluate the environmental , trade , economic and social effects of those measures in the short and long terms and the administrative burden associated to their implementation . ### in adopting measures in accordance to this regulation , the commission shall , in order to ensure that the envisaged measures are not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination between countries where the same conditions prevail , or a disguised restriction on international trade , evaluate the environmental , trade , economic and social effects of those measures in the short and long terms and the administrative burden associated to their implementation .


### member states shall ensure that regulated markets , operators of mtfs and otfs which admit to trading or trade commodity derivatives apply limits on the number of contracts which any given market members or participants can enter into over a specified period of time , or alternative arrangements with equivalent effect such as position management with automatic review thresholds , to be imposed in order to : ### member states shall ensure that regulated markets , operators of mtfs and otfs which admit to trading or trade commodity derivatives apply limits on the open positions in a commodity derivative which any given market members or participants can hold , or alternative arrangements with equivalent effect such as position management , to be imposed in order to :


### transmission system operators as defined in article 2 of directive 2009 / 72 / ec or article 2 of directive 2009 / 73 / ec when carrying out their tasks under those directives or regulation 714 / 2009 or regulation 715 / 2009 or network codes or guidelines adopted pursuant those regulations . ### transmission and distribution system operators as defined in article 2 and of directive 2009 / 72 / ec or article 2 and of directive 2009 / 73 / ec as well as storage and lng system operators as defined in article 2 and respectively of directive 2009 / 73 / ec and persons acting as their service providers when carrying out the system operators’ tasks under those directives or regulation 714 / 2009 or regulation 715 / 2009 or network codes or guidelines adopted pursuant those regulations , such as the issuance of transmission rights , or other capacity rights , and the provision of a platform for secondary trading , and any other persons when buying and / or selling such transmission rights or other capacity rights ; this exemption applies only with regard to the aforementioned activities .


### provided that in all cases this is an ancillary activity to their main business , when considered on a group basis , and that main business is not the provision of investment services within the meaning of this directive or banking services under directive 2006 / 48 / ec ; ### provided that in all cases this is an ancillary activity to their main business , when considered on the basis of a consolidated or not consolidated group , and that main business is not the provision of investment services within the meaning of this directive or banking services under directive 2006 / 48 / ec ;


### the limits or arrangements shall be transparent and non - discriminatory , specifying the persons to whom they apply and any exemptions , and taking account of the nature and composition of market participants and of the use they make of the contracts admitted to trading . they shall specify clear quantitative thresholds such as the maximum number of contracts persons can enter , taking account of the characteristics of the underlying commodity market , including patterns of production , consumption and transportation to market . ### the limits or arrangements shall be transparent and non - discriminatory , specifying the persons to whom they apply and any exemptions , and taking account of the nature and composition of market participants the use they make of the contracts admitted to trading and the characteristics of the underlying commodity market , including patterns of production , consumption and transportation to market .


### this exemption does not apply to persons exempt under article 2 who deal on own account in financial instruments as members or participants of a regulated market or mtf , including as market makers in relation to commodity derivatives , emission allowances , or derivatives thereof ; ### persons exempt under article 2 who deal on own account in financial instruments as members or participants of a regulated market or mtf , including as market makers in relation to commodity derivatives , emission allowances , or derivatives thereof do not also need to meet the terms of this exemption ;


### sustainable and inclusive development in all aspects , poverty reduction , including through private - sector development ; promotion of internal economic , social and territorial cohesion , rural development , climate action and disaster resilience ; ### sustainable and inclusive development in all aspects , poverty reduction , including through private - sector development ; promotion of internal economic , social and territorial cohesion , strengthening the pursuit for the common benefit of the participating countries , rural development , climate action and disaster resilience ;


### the commission shall , on the basis of the assessment carried out in accordance with article 8 , particularly taking into account the number of targeted workers , the proposed actions and the estimated costs , evaluate and propose as quickly as possible the amount of a financial contribution , if any , that may be made within the limits of the resources available . the amount may not exceed 50 % of the total of the estimated costs referred to in article 8 or 65 % of these costs in the case of applications submitted by a member state on the territory of which at least one region at nuts ii level is eligible under the ' convergence ' objective of the structural funds . the commission , in its assessment of such cases , will decide whether the 65 % co - funding rate is justified . ### the commission shall , on the basis of the assessment carried out in accordance with article 8 , particularly taking into account the number of targeted workers , the proposed actions and the estimated costs , evaluate and propose as quickly as possible the amount of a financial contribution , if any , that may be made within the limits of the resources available . the amount may not exceed 50 % of the total of the estimated costs referred to in article 8 or 65 % of these costs in the case of applications submitted by a member state on the territory of which at least one region at nuts ii level is eligible under the ' convergence ' objective of the structural funds . the commission , in its assessment of such cases , will decide , in accordance with pre - determined criteria , whether the 65 % co - funding rate is justified .


### without prejudice to article 18 , the competent authority may be allowed to set stricter permit conditions than those achievable by the use of the best available techniques as described in the bat conclusions . ### without prejudice to article 18 , the competent authority may set stricter permit conditions than those achievable by the use of the best available techniques as described in the bat conclusions . member states may set rules under which the competent authority may set such stricter conditions .


### in order to allow the provisions of this directive to be adapted to scientific and technical progress on the basis of best available techniques , the commission shall adopt delegated acts in accordance with article 76 as regards the adaptation of parts 3 and 4 of annex v , parts 2 , 6 , 7 and 8 of annex vi and parts 5 , 6 , 7 and 8 of annex vii to such scientific and technical progress . ### in order to allow the provisions of this directive to be adapted to scientific and technical progress on the basis of best available techniques as described in the bat reference documents concerned , the commission shall , not later than 12 months after the publication of the bat conclusions in accordance with article 13 , &#160 ; supplement or amend the minimum requirements for emission limit values and rules&#160 ; on&#160 ; monitoring and compliance&#160 ; as already established under this directive by means of delegated acts in accordance with article 76 .


### the competent authority shall provide the reasons for the application of the first subparagraph including the result of the assessment and the justification for the conditions imposed . ### the competent authority shall document in an annex to the permit conditions the reasons for the application of the first subparagraph including the result of the assessment and the justification for the conditions imposed and notify this information to the commission .


### by way of derogation from paragraph 3 , the competent authority may , in specific cases , on the basis of an assessment of the environmental and economic costs and benefits taking into account the technical characteristics of the installation concerned , its geographical location and the local environmental conditions , set emission limit values deviating from those set by the application of paragraph 3 . the competent authority shall provide the reasons for the application of the first subparagraph including the result of the assessment and the justification for the conditions imposed . emission limit values shall , however , not exceed the emission limit values set out in annexes v to viii , where applicable . the commission may establish guidance specifying the criteria to be taken into account for the application of this paragraph . the competent authorities shall re - assess the application of the first subparagraph as part of each reconsideration of the permit conditions pursuant to article 21 . ### by way of derogation from paragraph 3 and without prejudice to article 18 , the competent authority may , in exceptional cases , set less strict emission limit values . such a derogation may apply only where an assessment demonstrates that : the geographical location or the local environmental conditions of the installation concerned prevent the implementation in the whole , or part , of that installation of best available techniques described in the bat reference document or ; b ) the technical characteristics of the installation concerned prevent the implementation in the whole , or part , of that installation of best available techniques described in the bat reference document or ; c ) the implementation of best available techniques as described in the bat reference document would lead to an obvious disparity between economic costs and environmental advantages , which give reason to consider proportionality anew . the competent authority shall document in an annex to the permit conditions , the reasons for the application of the first subparagraph including the result of the assessment and the justification for the conditions imposed . those emission limit values shall however not exceed the minimum requirements for emission limit values set out in accordance with article 13 or , where applicable , in annexes v to viii . member states shall ensure that the members of the public concerned are given early and effective opportunities to participate in the decision - making process relating to the granting of the derogation referred to in this paragraph . the commission may adopt , by means of delegated acts in accordance with article 76 , specific criteria for the granting of the derogation referred to in this paragraph . the competent authorities shall re - assess the application of the first subparagraph as part of each reconsideration of the permit conditions pursuant to article 21 .


### based on the inspection plans , the competent authority shall regularly draw up programmes for routine environmental inspections , including the frequency of site visits for different types of installations . the period between two site visits shall be based on a systematic appraisal of the environmental risks of the installations concerned and shall not exceed one year for installations posing the highest risks and three years for installations posing the lowest risks . the systematic appraisal of the environmental risks shall be based on at least the following criteria : the potential and actual impacts of the installations concerned on human health and the environment taking into account the levels and types of emissions , the sensitivity of the local environment and the risk of accidents ; the record of compliance with permit conditions ; participation in the union eco - management and audit scheme . ### based on the inspection plans , the competent authority shall regularly draw up inspection programmes , determining the frequency of site visits for different types of installations . member states shall ensure that a sufficient number of appropriately qualified persons are available to carry out the inspections . those programmes shall include at least one random site visit every 18 months , for each installation . this frequency shall be increased to at least every 6 months if an inspection has identified a case of non - compliance with the permit conditions . where those programmes are based on a systematic appraisal of the environmental risks of the installations concerned , the frequency of site visits may be lowered to a minimum of one every 24 months . the systematic appraisal of the environmental risks shall be based on objective criteria such as : the record of the operator ' s compliance with the permit conditions ; the impacts of the installation on the environment and human health ; or the participation of the operator in the union eco - management and audit scheme , pursuant to regulation no 1221 / 20091 , or the implementation of equivalent eco - management systems . the commission may adopt , by means of delegated acts in accordance with article 76 , further criteria on the appraisal of the environmental risks . 1 regulation no 1221 / 2009 of the european parliament and of the council of 25 november 2009 on the voluntary participation by organisations in a community eco - management and audit scheme .


### decisions on the bat conclusions shall be adopted in accordance with the regulatory procedure referred to in article 75 . ### the commission shall adopt , by means of delegated acts in accordance with article 76 , decisions on the bat conclusions .


### the draft report shall be sent to the operator concerned and the final report shall be made publicly available in accordance with directive 2003 / 4 / ec of the european parliament and of the council of 28 january 2003 on public access to environmental information1 within three months of the site visit taking place . ### the report shall be notified to the operator concerned within two months . the report shall be made publicly available on the internet by the competent authority within four months of the site visit taking place .


### member states shall ensure that information is made available to the commission on the implementation of this directive , on representative data on emissions and other forms of pollution , on emission limit values , on the application of best available techniques in accordance with articles&#160 ; 14 and 15 and on progress made concerning the development and application of emerging techniques in accordance with article 27 . member states shall make the information available in an electronic format . ### member states shall ensure that information is made available to the commission on the implementation of this directive , on representative data on the emissions and other environmental effects , on emission limit values , on the application of best available techniques in accordance with articles 14 and 15 and on the derogations granted in accordance with article 15 . member states shall develop and regularly upgrade national information systems to make available to the commission in an electronic format the information referred to in the first subparagraph . member states shall make available to the public a summary of the information provided .


### upon definitive cessation of the activities , the operator shall assess the state of the soil and groundwater contamination by relevant hazardous substances used , produced or released by the installation . where the installation has caused significant pollution of soil or groundwater by relevant hazardous substances compared to the state established in the baseline report referred to in paragraph 2 , the operator shall take the necessary measures to address this pollution so as to return the site to that state . for that purpose , the technical feasibility of such measures may be taken into account . ### upon definitive cessation of the activities , the operator shall assess the state of the soil and groundwater contamination by relevant hazardous substances used , produced or released by the installation . where the installation has caused significant pollution of soil or groundwater by relevant hazardous substances compared to the state established in the baseline report referred to in paragraph 2 , the operator shall take the necessary measures to address this pollution so as to return the site to that state . for that purpose , the technical and economic feasibility of such measures may be taken into account .


### until 31 december 2023 , a combustion plant may be exempted from compliance with the emission limit values referred to in article 30 and the rates of desulphurisation referred to in article 31 provided that the following conditions are fulfilled : ### until 31 december 2019 , a combustion plant may be exempted from compliance with the emission limit values referred to in article 30 and the rates of desulphurisation referred to in article 31 provided that the following conditions are fulfilled :


### in order to allow the provisions of this directive to be adapted to scientific and technical progress on the basis of best available techniques , the commission should be empowered to adopt delegated acts in accordance with article 290 of the treaty in respect of the adaptation of certain parts of annexes v , vi and vii to such scientific and technical progress . in the case of waste incineration plants and waste co - incineration plants , this may include the establishment of criteria to allow derogations from continuous monitoring of total dust emissions . it is of particular importance that the commission consult experts during its preparatory work , in accordance with the commitments made in the commission communication of 9 december 2009 on the implementation of article 290 of the treaty on the functioning of the european union . ### in order to allow the provisions of this directive to be adapted to scientific and technical progress on the basis of best available techniques , the commission should be empowered to adopt delegated acts in accordance with article 290 tfeu in respect of adopting the bat conclusions and supplementing or amending the emission limit values and rules on monitoring and compliance already established under this directive . in the case of waste incineration plants and waste co - incineration plants , this may include the establishment of criteria to allow derogations from continuous monitoring of total dust emissions .


### where the activity involves the use , production or release of relevant hazardous substances and having regard to the possibility of soil and groundwater contamination at the site of the installation , the operator shall prepare and submit to the competent authority a baseline report before starting operation of an installation or before a permit for an installation is updated for the first time after …* ### where the activity involves the use , production or release of significant amounts of relevant hazardous substances and having regard to the possibility of soil and groundwater contamination at the site of the installation , the operator shall prepare and submit to the competent authority a baseline report before starting operation of an installation or before a permit for an installation is updated for the first time after …*


### emission limit values shall , however , not exceed the emission limit values set out in annexes v to viii , where applicable . ### emission limit values shall , however , not exceed the minimum requirements for emission limit values set out in accordance with article 13 or , where applicable , in annexes to this directive . when considering granting derogations , member states shall ensure that national emission ceilings pursuant to directive 2001 / 81 / ec are not exceeded . in any event , no significant pollution should be caused and a high level of protection of the environment taken as a whole should be achieved . member states shall ensure that the members of the public concerned are given early and effective opportunities to participate in the decision - making process relating to the granting of the derogation referred to in this paragraph .


### upon definitive cessation of the activities , the operator shall assess the state of the soil and groundwater contamination by relevant hazardous substances used , produced or released by the installation . where the installation has caused significant pollution of soil or groundwater by relevant hazardous substances compared to the state established in the baseline report referred to in paragraph 2 , the operator shall take the necessary measures to address that pollution so as to return the site to that state . for that purpose , the technical feasibility of such measures may be taken into account . ### upon definitive cessation of the activities , the operator shall inform the competent authority and assess the state of the soil and groundwater contamination by relevant hazardous substances used , produced or released by the installation . where the installation has caused pollution of soil or groundwater by relevant hazardous substances compared to the state established in the baseline report referred to in paragraph 2 , the operator shall take the necessary measures to address that pollution so as to return the site to that state . member states may require the operator to bring the site in a state leading to further improvements of soil and groundwater quality compared to the state established in the baseline report .


### – market functioning and customer services ; ### – market functioning and customer services , especially related to households and to smes ;


### concerning the electricity and gas sectors , the evolution of the interconnection level between member states , the corresponding evolution of energy prices , as well as the number of network system failure events , their causes and related economic cost ; ### concerning the electricity and gas sectors , the evolution of the interconnection level between member states , the corresponding evolution of energy prices for consumers and european businesses , especially smes , as well as the number of network system failure events , their causes and related economic cost ;


### identifying the beneficial owner and taking reasonable measures to verify his identity so that the institution or person covered by this directive is satisfied that it knows who the beneficial owner is , including , as regards legal persons , trusts and similar legal arrangements , taking reasonable measures to understand the ownership and control structure of the customer ; ### identifying the beneficial owners and taking reasonable measures to verify their identity so that the institution or person covered by this directive is satisfied that it knows who the beneficial owners are , including , as regards legal persons , trusts and similar legal arrangements , taking reasonable measures to understand the ownership and control structure of the customer ;


### the commission may lend such assistance as may be needed to facilitate coordination , including the exchange of information between fius within the union . it may regularly convene meetings with representatives from member states’ fius to facilitate co - operation and to exchange views on co - operation related issues . ### the commission shall lend such assistance as may be needed to facilitate coordination , including the exchange of information between fius within the union . it shall regularly convene meetings with representatives from member states’ fius to facilitate co - operation and to exchange views on co - operation related issues .


### where a member state imposes a requirement as referred to in paragraph , tender documents for the selection procedure laid down in articles 7 to 10 shall list the staff concerned and give the relevant details of employees ' contractual rights and the conditions under which employees are deemed to be linked to the services in question . ### tender documents for the selection procedure laid down in articles 7 to 10 shall list the staff concerned and give the relevant details of employees ' contractual rights and the conditions under which employees are deemed to be linked to the services in question .


### where , following the selection procedure laid down in articles 7 to 10 , a supplier of groundhandling services mentioned in paragraph 1 loses its authorisation to provide these services , member states may require supplier of groundhandling services which subsequently provide these services to grant staff previously hired to provide these services the rights to which they would have been entitled if there had been a transfer within the meaning of council directive 2001 / 23 / ec . ### where , following the selection procedure laid down in articles 7 to 10 , a supplier of groundhandling services mentioned in paragraph 1 loses its authorisation to provide these services or where a service provider ceases to provide groundhandling services to an airport user or where a self - handling airport user decides to cease self - handling , member states shall require supplier of groundhandling services or self - handling airport users which subsequently provide these services to grant staff previously hired to provide these services the rights to which they would have been entitled if there had been a transfer within the meaning of council directive 2001 / 23 / ec . article 4 , second sentence , of directive 2001 / 23 / ec shall not apply to the cases referred to in the first sentence of this paragraph . dismissal on economic , technical or organisational grounds shall not be permitted .


### member states shall limit the requirement in paragraph to the employees of the previous supplier who are involved in the provision of services for which the previous supplier lost authorisation , and who voluntarily accept to be taken on by the new supplier . ### member states shall limit the requirement in paragraph to the employees of the previous supplier , including self handling airport users , who are involved in the provision of groundhandling services that the previous supplier stops providing or for which the previous supplier lost authorisation , and who voluntarily accept to be taken on by the new supplier or self - handling airport user . the costs of a redundancy plan for departing staff shall be borne by airlines in proportion to their traffic share in the previous supplier .


### each participating state shall facilitate the participation of organisations representing demand side actors . ### each participating state shall ensure the participation of organisations representing demand side actors , which shall be involved from the earliest stage of all research and innovation projects financed under the aal programme .


### disclosure of evidence in the file of a competition authority that does not fall into any of the categories listed in paragraphs 1 or 2 of this article may be ordered in actions for damages at any time . ### disclosure of evidence in the file of a competition authority that is not covered under paragraphs 1 and 2 of this article may be ordered in actions for damages at any time , including evidence that exists irrespective of the proceedings of a competition authority .


### in cases where the infringement is being or has been investigated by a competition authority , whether the request has been formulated specifically with regard to the nature , object or content of such documents rather than by a non - specific request concerning documents submitted to a competition authority or held in the file of such competition authority . ### in cases where the infringement is being or has been investigated by a competition authority , whether the request has been formulated specifically with regard to the nature , object or content of such documents rather than by a non - specific request concerning documents submitted to a competition authority or held in the file of such competition authority ; and


### disclosure of evidence in the file of a competition authority that does not fall into any of the categories listed in paragraphs 1 or 2 of this article may be ordered in actions for damages at any time . ### disclosure of evidence in the file of a competition authority that is not covered under paragraphs 1 or 2 of this article may be ordered in actions for damages at any time , including evidence that exists irrespective of the proceedings of a competition authority .


### ‘ consumer’ means any natural person who is acting for purposes which are outside that person ' s trade , business , craft , or profession ; ### ‘ consumer’ means any natural person who is acting for purposes which are outside that person ' s trade , business , craft , or profession ; the decision as to whether a natural person is acting fully or partly for purposes which come within that person ' s trade , business , craft or profession depends on how the person in question behaves towards his contracting party ;


### by 31 december 2014 , the commission shall review the specific emissions targets , modalities and other aspects of this regulation in order to establish the co2 emission targets for new passenger cars for the period beyond 2020 . ### provided that the new test cycle is taken into account , the commission shall by 31 december 2014 review the specific emissions targets , modalities and other aspects of this regulation in order to establish the co2 emission targets for new passenger cars for the period beyond 2020 .


### from 2020 : specific emissions of co2 = 95 + a × where : m = mass of the vehicle in kilograms m0 = the value adopted pursuant to article 13 a = 0 , 0333 . ### from 2020 : for the purpose of determining the fleet ' average specific emissions of co2 ' one of the following formulae should be used : specific emissions of co2 = 95 + a &#215 ; where : m = mass of vehicle in kilograms m0 = the value adopted pursuant to article 13 a = 0 , 0333 . ii ) specific emissions of co2 = 95 + b × where : f = footprint of vehicle in square meters f0 = the value adopted pursuant to article 13 b = 60 % slope of the limit value curve .


### the commission has assessed the availability of footprint data and its use as the utility parameter in the formulae in annex i . this data is available and its potential use has been assessed in the impact assessment , on the basis of that assessment it is concluded that the utility parameter used in the formula for 2020 should be mass . nevertheless , the lower cost and merits of a change to footprint as the utility parameter should be considered in the future review . ### the commission has assessed the availability of footprint data and its use as the utility parameter in the formulae in annex i . this data is available and its potential use has been assessed in the impact assessment , on the basis of that assessment it is concluded that the utility parameter used in the formula for 2020 should be mass . nevertheless , given the lower cost and merits of a change to footprint as the utility parameter , footprint should be used as the utility parameter for the 2025 target and manufacturers given the option of using footprint from 2015 to 2020 .


### from 2020 : specific emissions of co2 = 95 + a × where : m = mass of vehicle in kilograms m0 = the value adopted pursuant to article 13 a = 0 , 0333 . ### from 2020 : one of the following formulae should be used : specific emissions of co2 = 95 + a &#215 ; where : m = mass of vehicle in kilograms m0 = the value adopted pursuant to article 13 a = 0 , 0333 . ii ) specific emissions of co2 = 95 + b × where : f = footprint of vehicle in square meters f0 = the value adopted pursuant to article 13 b = 60 % slope of the limit value curve .


### the european insurance and occupational pensions authority should act with a view to improving the functioning of the internal market , including in particular by ensuring a high , effective and consistent level of regulation and supervision taking account of the varying interests of all member states , to protect policyholders and other beneficiaries , to ensure the integrity , efficiency and orderly functioning of financial markets , to safeguard the stability of the financial system , and to strengthen international supervisory coordination , for the benefit of the economy at large , including financial institutions and other stakeholders , consumers and employees . in order to be able to fulfil its objectives , it is necessary and appropriate that the authority should be a community body having legal personality and it should have legal , administrative and financial autonomy . ### the authority should act with a view to improving the functioning of the internal market , including in particular by ensuring a high , effective and consistent level of regulation and supervision taking account of the varying interests of all member states , to prevent regulatory arbitrage and guarantee a level playing field , to protect policyholders and other beneficiaries , to ensure the integrity , efficiency and orderly functioning of financial markets , to safeguard the stability of the financial system , and to strengthen international supervisory coordination while taking account of the need to enhance competition and innovation within the internal market and to ensure global competitiveness , for the benefit of the economy at large , including financial institutions and other stakeholders , consumers and employees . in order to be able to fulfil its objectives , it is necessary and appropriate that the authority should be a union body having legal personality and it should have legal , administrative and financial autonomy .