### the application of this regulation shall be without prejudice to the application of the national and community rules on protection of industrial and commercial property , on indications of provenance , marks of origin and the prevention of unfair competition . ### save as otherwise provided in this regulation , national and union rules on protection of industrial and commercial property , on indications of provenance , marks of origin and the prevention of unfair competition shall remain applicable to textile products .


### only the names of fibres listed in annex i shall be used for composition labelling . ### only the names of fibres listed in annex i shall be used to indicate the fibre composition of textile products .


### any manufacturer or its representative may apply to the commission to add a new fibre name to the list set out in annex i . ### any manufacturer or its authorised representative may apply to the commission to add a new fibre name to the list set out in annex i .


### a textile product shall be considered as exclusively composed of the same fibre if it contains up to 2 % by weight of other fibres , provided this quantity is justified on technical grounds and is not added as a matter of routine . ### a textile product may be considered as exclusively composed of the same fibre if it contains no more than 2 % by weight of extraneous fibres , provided this quantity is justified as being technically unavoidable in good manufacturing practice and is not added as a matter of routine .


### under the same condition , a textile product , which has undergone a carding process , shall be considered as exclusively composed of the same fibre if it contains up to 5% by weight of other fibres . ### under the same condition , a textile product , which has undergone a carding process , may be considered as exclusively composed of the same fibre if it contains no more than 5% by weight of extraneous fibres .


### the fibrous impurities in the products referred to in paragraphs 1 and 2 , including wool products which have undergone a carding process , shall not exceed 0 . 3% and shall be justified by technical reasons connected with manufacture . ### the extraneous fibres in the products referred to in paragraphs 1 and 2 , including wool products which have undergone a carding process , shall not exceed 0 , 3 % by weight and shall be justified as being technically unavoidable in good manufacturing practice .


### the fibrous impurities in the products referred to in paragraphs 1 and 2 , including wool products which have undergone a carding process , shall not exceed 0 , 3 % and shall be justified by technical reasons connected with manufacture . ### the fibrous impurities in the products referred to in paragraphs 1 and 2 , including wool products which have undergone a carding process , shall not exceed 0 , 3 % by weight and shall be justified as being technically unavoidable in good manufacturing practice .


### labels and marking textile products shall be labelled or marked whenever they are put on the market . however , labels or marking may be replaced or supplemented by accompanying commercial documents when the products are not being offered for sale to the end consumer , or when they are delivered in performance of an order placed by the state or by some other legal person governed by public law . ### labelling textile products shall be labelled whenever they are made available on the market . the labelling shall be easily accessible , visible and securely affixed to the textile product . it shall remain legible throughout the normal lifetime of the textile product . the labelling and the way in which it is affixed shall not cause the consumer any discomfort when wearing a textile product . however , the labelling may be replaced or supplemented by accompanying commercial documents when the products are supplied to economic operators within the supply chain , or when they are delivered in performance of an order placed by any contracting authority as defined by directive 2004 / 18 / ec of the european and of the council of 31 march 2004 on the coordination of procedures for the award of public works contracts , public supply contracts and public service contracts 1 . the names and descriptions referred to in articles 5 , 7 , 8 and 9 shall be clearly indicated in such accompanying commercial documents . abbreviations shall not be used with the exception of a mechanised processing code , provided that code is explained in the same commercial document . _______ 1 oj l 134 , 30 . 4 . 2004 , p . 114 .


### the manufacturer or his authorized agent established in the community or , if neither the manufacturer nor his authorized agent is established in the community , the economic operator responsible for first placing the textile product on the community market shall ensure the supply of the label and the accuracy of the information contained therein . the distributor shall ensure that the textile products sold by him bear the appropriate labelling prescribed by this regulation . ### when placing a textile product on the market , the manufacturer , or if this is not established in the union , the importer shall ensure the supply of the label and the accuracy of the information contained therein . when placing a textile product on the market , the distributor shall ensure that the textile products bear the appropriate labelling prescribed by this regulation . a distributor shall be considered a manufacturer for the purposes of this regulation , where it places a product on the market under its own name or trademark , attaches the label or modifies the content of the label .


### the persons referred to in the first and second subparagraphs shall ensure that any information supplied when textile products are placed on the market cannot be confused with the names and descriptions laid down by this regulation . ### the economic operators referred to in the first and second subparagraphs shall ensure that any information supplied when textile products are made available on the market cannot be confused with the names and descriptions laid down by this regulation .


### the names and descriptions referred to in articles 5 , 7 , 8 and 9 shall be indicated in catalogues and trade literature , on packaging , labels and marking in clear , legible and uniform print when textile products are offered for sale . ### when making a textile product available on the market , the names and fibre composition referred to in articles 5 , 7 , 8 and 9 shall be indicated in catalogues and trade literature , on packaging and labelling in a manner that is easily accessible , visible and legible and in uniform print or font . this information shall be clearly visible to the consumer before the purchase , including in cases where the purchase is made by electronic means .


### where textile products listed in annex vi are of the same type and composition , they may be offered for sale together under an inclusive label . 4 . the composition of textile products sold by the metre may be shown on the length or roll offered for sale . ### where textile products listed in annex vi are of the same type and composition , they may be made available on the market together under an inclusive label . 4 . the composition of textile products sold by the metre may be shown on the length or roll made available on the market .


### fibre percentages and tolerances ### market surveillance


### national market surveillance authorities shall carry out checks on the conformity of the composition of textile products with the supplied information related to the composition of those products in accordance with directive 2001 / 95 / ec . ### market surveillance authorities shall carry out checks on the conformity of the composition of textile products with the supplied information related to the composition of those products in accordance with this regulation .


### the checks referred to in paragraph 1 shall be carried out in accordance with the methods of sampling and quantitative analysis of certain binary and ternary fibre mixtures set out in annex viii . ### for the purpose of determining the fibre composition of textile products , the checks referred to in paragraph 1 shall be carried out in accordance with the methods or harmonised standards set out in annex viii .


### any laboratory responsible for the testing of textile mixtures for which there is no uniform method of analysis at community level shall determine the composition of such mixtures by using any valid method at its disposal , indicating in the analysis report the result obtained and , in so far as this is known , the degree of accuracy of the method used . ### any laboratory responsible for the testing of textile mixtures for which there is no uniform method of analysis at community level shall determine the fibre composition of such mixtures , indicating in the analysis report the result obtained , the method used and its degree of accuracy .


### 2&#160 ; % of the total weight of the textile product , provided that that quantity is justified on technical grounds and is not added as a matter of routine ; ### 2&#160 ; % of the total weight of the textile product , provided that this quantity is justified as being technically unavoidable in good manufacturing practice and is not added as a matter of routine ;


### 5 % in the case of products which have undergone a carding process . ### under the same condition , 5 % of the total weight in the case of textile products which have undergone a carding process .


### amendment of the annexes the commission may adopt any amendments to annexes i , ii , iv , v , vi , vii , viii and ix which are necessary for adapting these annexes to technical progress . 2 . the measures referred to in paragraph 1 , designed to amend non - essential elements of this regulation , inter alia , by supplementing it , shall be adopted in accordance with the regulatory procedure with scrutiny referred to in article 20 . ### delegated acts amendments to annexes i , ii , iv , v , vi , vii , viii and ix which are necessary for adapting those annexes to technical progress shall be adopted by the commission by means of delegated acts in accordance with article 19a , subject to the conditions laid down in articles 19b and 19c .


### by [ date = 5 years from the entry into force of this regulation ] at the latest , the commission shall submit a report to the european parliament and to the council on the implementation of this regulation , with an emphasis on the requests and adoption of new fibre names . ### by 3 years from the entry into force of this regulation at the latest , the commission shall submit a report to the european parliament and to the council on the implementation of this regulation , with an emphasis on the requests and adoption of new fibre names and submit , where justified , a legislative proposal .


### directives 73 / 44 / ec , 96 / 73 / ec and 96 / 74 / ec [ or recast ] are repealed with effect from the date of entry into force of this regulation . ### directives 73 / 44 / eec , 96 / 73 / ec and 2008 / 121 / ec are repealed with effect from the date of entry into force of this regulation .


### proposal for a regulation of the european parliament and of the council concerning the exercise of the union ' s rights for the application and enforcement of international trade rules ### proposal for a regulation of the european parliament and of the council concerning the exercise of the union ' s rights for the application and enforcement of international trade rules and amending council regulation no 3286 / 94


### article xxviii of the gatt 1994 and the related understanding govern the modification or withdrawal of concessions established in the tariff schedules of wto members . wto members affected by any such modification are entitled , under certain conditions , to withdraw substantially equivalent concessions . the union should adopt rebalancing measures in such cases , unless compensatory adjustments are agreed . action by the union would be aimed at inducing third countries to implement trade - enhancing measures . ### article xxviii of the gatt 1994 and the related understanding and article xxi of the general agreement on trade in services and related procedures for its implementation govern the modification or withdrawal of concessions and commitments established in the tariff schedules and the schedule of specific commitments of wto members . wto members affected by any such modification are entitled , under certain conditions , to withdraw substantially equivalent concessions or commitments . the union should adopt rebalancing measures in such cases , unless compensatory adjustments are agreed . action by the union would be aimed at inducing third countries to implement trade - enhancing measures .


### the union should have the possibility to enforce its rights in the area of government procurement in view of the fact that the wto agreement on government procurement states that any dispute arising thereunder shall not result in the suspension of concessions or other obligations under any other covered agreement of the wto . ### it is essential for the union to have the possibility to swiftly enforce its rights in the area of government procurement when a party fails to respect its commitments under the wto agreement on government procurement or under any bilateral or regional binding agreements . the union ' s action should be aimed at ensuring the maintenance of substantially equivalent level of concessions in the field of government procurement .


### the commission should evaluate the functioning of this regulation no later than three years after the first instance of its implementation with a view to assessing and , if necessary , improving its efficiency . ### the commission should evaluate the functioning of this regulation no later than five years after the first instance of adoption of an implementing act under this regulation with a view to assessing and , if necessary , improving its efficiency .


### this regulation lays down rules and procedures in order to ensure an effective exercise of the union ' s rights to suspend or withdraw concessions or other obligations under international trade agreements , with the aim of : ### this regulation lays down rules and procedures in order to ensure an effective and timely exercise of the union ' s rights to suspend or withdraw concessions or other obligations under international trade agreements , with the aim of :


### ' concessions or other obligations ' means tariff concessions or any other benefits that the union committed to apply in its trade with third countries by virtue of international trade agreements to which it is a party , ### ' concessions or other obligations ' means tariff concessions , specific commitments in the field of services or any other benefits that the union committed to apply in its trade with third countries by virtue of international trade agreements to which it is a party ,


### in cases of modification of concessions by a wto member under article xxviii of the general agreement on tariffs and trade 1994 , where no compensatory adjustments have been agreed . ### in cases of modification of concessions or commitments by a wto member under article xxviii of the general agreement on tariffs and trade 1994 or article xxi of the gats , where no compensatory adjustments have been agreed .


### concessions withdrawn in the trade with a third country in connection with article xxviii of the gatt 1994 and the related understanding shall be substantially equivalent to the concessions modified or withdrawn by that third country , in accordance with the terms established in article xxviii of the gatt 1994 and the related understanding . ### concessions or commitments modified or withdrawn in the trade with a third country in connection with article xxviii of the gatt 1994 and the related understanding or article xxi of the gats and related implementing procedures shall be substantially equivalent to the concessions or commitments modified or withdrawn by that third country , in accordance with the terms established in article xxviii of the gatt 1994 and the related understanding or article xxi of the gats and related implementing procedures .


### in cases of rebalancing of concessions or other obligations following the adoption by a third country of a safeguard measure , when the safeguard measure is withdrawn or expires , or when the third country concerned accords satisfactory compensation to the union subsequently to the adoption of an implementing act under article 4 ; ### in cases of rebalancing of concessions or other obligations following the adoption by a third country of a safeguard measure , when the safeguard measure is withdrawn or expires , or when the third country concerned accords adequate and proportionate compensation to the union subsequently to the adoption of an implementing act under article 4 ;


### in cases of modification of concessions by a wto member under article xxviii of the general agreement on tariffs and trade 1994 , when the third country concerned accords satisfactory compensation to the union subsequently to the adoption of an implementing act under article 4 . ### in cases of withdrawal or modification of concessions or commitments by a wto member under article xxviii of the gatt 1994 or article xxi of the gats , when the third country concerned accords adequate and proportionate compensation to the union subsequently to the adoption of an implementing act under article 4 .


### the commission shall seek information and views regarding the union ' s economic interests in specific products or sectors , in the application of this regulation , through a notice in the official journal of the european union or other suitable public communication means . ### the commission shall seek information and views regarding the union ' s economic interests in specific products , services or sectors , in the application of this regulation , through a notice in the official journal of the european union or other suitable public communication means and shall take those views into account , .


### the supplier of information may request that information supplied be treated as confidential . in such cases , it shall be accompanied by a non - confidential summary or a statement of the reasons why the information cannot be summarised . ### the supplier of information may request that information supplied be treated as confidential . in such cases , it shall be accompanied by a non - confidential summary which presents the information in a generalised form or a statement of the reasons why the information cannot be summarised .


### where appropriate , rules applicable to financial counterparties , should also apply to non - financial counterparties . it is recognised that non - financial counterparties use otc - contracts in order to cover themselves against commercial risks directly linked to their commercial activities . consequently , in determining whether a non - financial counterparty should be subject to the clearing obligation , consideration should be given to the purpose for which that non - financial counterparty uses otc derivatives and to the size of the exposures that it has in those instruments . when establishing the threshold for the clearing obligation , esma should consult all relevant authorities , as for example regulators responsible for commodity markets , in order to ensure that the particularities of these sectors are fully taken into account . moreover , by 31 december 2013 , the commission shall assess the systemic importance of the transactions of non - financial firms in otc derivatives in different sectors , including the energy sector . ### where appropriate , rules applicable to financial counterparties , should also apply to non - financial counterparties . it is recognised that non - financial counterparties use otc - contracts in order to cover themselves against commercial risks directly linked to their commercial activities . consequently , in determining whether a non - financial counterparty should be subject to the clearing obligation , consideration should be given to the purpose for which that non - financial counterparty uses otc derivatives and to the size of the exposures that it has in those instruments . one means of assessing whether a non - financial counterparty is using otc contracts to cover themselves against commercial risks directly linked to their commercial activities could be through their annual audit . when establishing the threshold for the clearing obligation , esma should consult all relevant authorities , as for example regulators responsible for commodity markets , in order to ensure that the particularities of these sectors are fully taken into account . moreover , by 31 december 2013 , the commission shall assess the systemic importance of the transactions of non - financial firms in otc derivatives in different sectors , including the energy sector .


### it is important that market participants report all details regarding otc derivative contracts they have entered into to trade repositories . as a result , information on the risks inherent in otc derivatives markets will be centrally stored and easily accessible to esma , the relevant competent authorities and the relevant central banks of the escb . ### it is important that market participants report all details regarding derivative contracts , including exchange - traded derivatives , to trade repositories . retrospective reporting to a repository of outstanding contracts should be considered . as a result , information on the risks inherent in otc derivatives markets will be centrally stored and easily accessible to esma , the relevant competent authorities and the relevant central banks of the escb .


### in order to allow for a comprehensive overview of the market , both cleared and non - cleared contracts should be reported to trade repositories . ### in order to allow for a comprehensive overview of the market and for the purposes of assessing systemic risk , both cleared and non - cleared contracts should be reported to trade repositories .


### a ccp should have a sound risk management framework to manage credit risks , liquidity risks , operational and other risks , including the risks that it bears or poses to other entities as a result of interdependencies . a ccp should have adequate procedures and mechanisms in place to deal with the default of a clearing member . in order to minimise the contagion risk of such a default , the ccp should have in place stringent participation requirements , collect appropriate initial margins , maintain a default fund and other financial resources to cover potential losses . ### a ccp should have a sound risk management framework to manage credit risks , liquidity risks , operational and other risks , including the risks that it bears or poses to other entities as a result of interdependencies . a ccp should have adequate procedures and mechanisms in place to deal with the default of a clearing member . in order to minimise the contagion risk of such a default , the ccp should have in place stringent participation requirements , collect appropriate initial margins , maintain a default fund and other financial resources to cover potential losses . ccps ' default management strategies should be sound , and not transfer risk to the taxpayer . in particular , liquidity arrangements , whether through commercial or central banks , should not be a substitute for their own liquidity risk mitigation strategies .


### trade repositories collect data for regulatory purposes that are relevant to authorities in all member states . in view of the fact that surveillance of trade repositories does not have any fiscal implications and that many authorities across member states will need access to the data maintained by trade repositories , esma should assume responsibility for the registration , withdrawal and surveillance of trade repositories . ### trade repositories may collect data only for regulatory purposes that are relevant to competent authorities in all member states , and may not publish and / or otherwise make available or make use of such data , other than for the purposes of this regulation . in view of the fact that surveillance of trade repositories does not have any fiscal implications and that many authorities across member states will need access to the data maintained by trade repositories , esma should assume responsibility for the registration , withdrawal and surveillance of trade repositories .


### this regulation shall apply to central counterparties , financial counterparties and to trade repositories . it shall apply to non - financial counterparties where so provided . ### this regulation shall apply to central counterparties , financial counterparties and to trade repositories . it shall apply to non - financial counterparties where so provided and to branches in the union of undertakings established outside the union , where so provided .


### the members of the european system of central banks and other national bodies performing similar functions and other public bodies charged with or intervening in the management of the public debt ; ### the members of the european system of central banks and other eu and eea national bodies performing similar functions and other eu and eea public bodies charged with or intervening in the management of the public debt nor to equivalent national bodies ;


### ' central counterparty ' means an entity that legally interposes itself between the counterparties to the contracts traded within one or more financial markets , becoming the buyer to every seller and the seller to every buyer and which is responsible for the operation of a clearing system ; ### ' central counterparty ' means an entity that legally interposes itself between the counterparties to the contracts traded within one or more financial markets , becoming the buyer to every seller and the seller to every buyer for the contracts it clears and which is responsible for the operation of a clearing system ;


### ' trade repository ' means an entity that centrally collects and maintains the records of otc derivatives ; ### ' trade repository ' means an entity that is registered and centrally collects and maintains the records of otc derivatives for regulatory purposes under and in accordance with this regulation ;


### ' class of derivatives ' means a number of otc derivative contracts that share common , essential characteristics ; ### ' class of derivatives ' means a number of otc derivative contracts that share sufficient common , essential characteristics to behave in the same way ;


### ' over the counter derivatives ' means derivative contracts whose execution does not take place on a regulated market as defined by article 4 point 14 of directive 2004 / 39 / ec ; ### ' over the counter derivatives ' means derivative contracts whose execution does not take place on a regulated market or multilateral trading facility as defined by article 4 point 14 or 15 of directive 2004 / 39 / ec or a third country trading facility that performs a similar function ;


### that clearing obligation shall also apply to financial counterparties and to the non - financial counterparties referred to in article 7 which enter into eligible otc derivative contracts with third country entities . ### that clearing obligation shall also apply to financial counterparties and to the non - financial counterparties referred to in article 7 which enter into eligible otc derivative contracts with third country entities that would be subject to the clearing obligation if they were established in the eu .


### whether that class of derivatives is eligible for the clearing obligation pursuant to article 3 ; ### whether that class of derivatives is eligible for the clearing obligation pursuant to article 3 , and if so eligible ;


### the date from which the clearing obligation takes effect . ### the date from which the clearing obligation takes effect , which shall be no earlier than six months after the date of publication of the decision under paragraph 4 , and shall take into account the factors referred to in point ba ;


### level of client protection provided by the ccp . ### level of default management and liquidity risk mitigation provided by the ccp ;


### esma shall , on its own initiative and in consultation with the european systemic risk board , identify and notify to the commission the classes of derivatives contracts that should be included in its public register , but for which no ccp has yet received authorisation . ### esma shall , on its own initiative , following public consultation , and in consultation with the eba , european systemic risk board , and the relevant competent authorities identify and notify to the commission the classes of derivatives contracts that should be eligible for the obligation to clear and included in its public register , but for which no ccp has yet received authorisation .


### a ccp that has been authorised to clear eligible otc derivative contracts shall accept clearing such contracts on a non - discriminatory basis , regardless of the venue of execution . ### a ccp that has been authorised to clear eligible otc derivative contracts shall accept clearing such contracts on a non - discriminatory , transparent , and objective basis , with regard to both pricing and technology , regardless of the venue of execution , inasmuch as this does not compromise risk mitigation .


### financial counterparties shall report to a trade repository registered in accordance with article 51 the details of any otc derivative contract they have entered into and any modification or termination . the details shall be reported no later than the working day following the execution , clearing , or modification of the contract . ### financial counterparties and non - financial counterparties under article 7 shall report to a trade repository registered in accordance with article 51 the details of any otc derivative contract they have entered into and any material modification or termination of that contract . the details shall be reported no later than the working day following the execution , clearing , modification , or termination of the contract .


### other entities may report any such modification or termination as referred to in paragraph 1 , on behalf of the original counterparties , to the extent that all the details of the contract are reported without duplication . ### when appropriately delegated , other entities may report any such modification or termination as referred to in paragraph 1 , on behalf of the original counterparties , to the extent that all the details of the contract are reported without duplication .


### a counterparty that reports the full details of a contract to a trade repository on behalf of another counterparty shall not be considered in breach of any restriction on disclosure of information imposed by that contract or by any legislative , regulatory or administrative provision . ### a counterparty that reports the full details of a contract to a trade repository shall not be considered in breach of any restriction on disclosure of information imposed by contract or by any legislative , regulatory or administrative provision .


### powers are delegated to the commission to determine the details and type of the reports referred to in paragraphs 1 and 2 for the different classes of derivatives . ### powers are delegated to the commission to determine the details and type of the reports referred to in paragraphs 1 and 2 for the different classes , groups or categories of derivatives and for any retrospective effect .


### powers are delegated to the commission to adopt regulatory technical standards specifying : the information threshold ; the clearing threshold . ### powers are delegated to the commission to adopt a regulatory technical standard specifying the clearing threshold .


### those thresholds shall be determined taking into account the systemic relevance of the sum of net positions and exposures by counterparty per class of derivatives . ### this threshold shall be determined taking into account the systemic relevance of the sum of net positions and exposures by counterparty per class of derivatives .


### the regulatory standards referred to in the first subparagraph shall be adopted in accordance with articles [ 7 to 7d ] of regulation … / … [ esma regulation ] . ### the regulatory standard referred to in the first subparagraph shall be adopted in accordance with articles 10 to 14 of regulation no… / 2010 of the european parliament and of the council of 24 november 2010 establishing a european supervisory authority .


### esma , in consultation with the european systemic risk board and other relevant authorities , shall submit drafts for those regulatory standards to the commission by 30 june 2012 at the latest . ### esma , in consultation with the eba , the european systemic risk board , and other relevant authorities , shall submit drafts for that regulatory standard to the commission by 30 june 2012 at the latest .


### in calculating the positions referred to in paragraph 2 , otc derivative contracts entered into by a non - financial counterparty that are objectively measurable as directly linked to the commercial activity of that counterparty shall not be taken into account . ### in calculating the positions referred to in paragraph 2 , otc derivative contracts entered into by a non - financial counterparty that are objectively measurable as directly linked to the commercial or treasury financing activity of that counterparty shall not be taken into account .


### the commission , in consultation with esma , esrb and other relevant authorities , shall periodically review the thresholds established in paragraph 3 and amend them , where necessary . ### the commission , in consultation with esma , eba , esrb and other relevant authorities , shall periodically review the thresholds established in paragraph 3 and amend them , where necessary .


### where possible , electronic means ensuring the timely confirmation of the terms of the otc derivative contract ; ### where possible , electronic means ensuring the timely confirmation of the terms of the otc derivative contract and robust processes for timely identification , resolution , and correction of any booking inaccuracies ;


### member states shall lay down the rules on penalties applicable to infringements of the rules under this title and shall take all measures necessary to ensure that they are implemented . those penalties shall include at least administrative fines . the penalties provided for shall be effective , proportionate and dissuasive . ### member states shall lay down the rules on penalties applicable to infringements of the rules under this title by persons established in or acting through a branch in their territory , and shall take all measures necessary to ensure that they are implemented . those penalties shall include at least administrative fines . the penalties provided for shall be effective , proportionate and dissuasive , and take account of the steps taken to ensure compliance .


### where the ccp is no longer in compliance with the conditions under which authorisation was granted ; ### where the ccp is no longer in compliance with the conditions under which authorisation was granted , and has not taken measures to implement remedial action in a timely manner ;


### any confidential information received , exchanged or transmitted pursuant to this regulation shall be subject to the conditions of professional secrecy laid down in paragraphs 1 , 2 and 3 . ### any confidential information received , exchanged or transmitted pursuant to this regulation shall be subject to the conditions of professional secrecy laid down in paragraphs 1 , 2 and 3 . such information may only be used , including by competent authorities , esma , ccps , trade repositories , bodies or other natural or legal persons , for the purposes of this regulation .


### competent authorities and other bodies or natural and legal persons receiving confidential information in the exercise of their duties under this regulation shall only use it in the course of their duties . ### competent authorities and other bodies or natural and legal persons receiving confidential information in the exercise of their duties under this regulation shall only use it in the course of their duties . they shall not be permitted to publish or otherwise make any such confidential information available for any other purpose except as expressly provided for in this regulation .


### the commission has adopted a decision in accordance with paragraph 3 ; ### the ccp has met the criteria set out in paragraph 3 ;


### the commission has adopted a decision in accordance with paragraph 3 ; ### the trade repository has met the criteria set out in paragraph 3 ;


### the commission may adopt a decision in accordance with the procedure referred to in article 69 , determining that the legal and supervisory arrangements of a third country ensure that ccps authorised in that third country comply with legally binding requirements which are equivalent to the requirements resulting from this regulation and that these ccps are subject to effective supervision and enforcement in that third country on an ongoing basis . ### powers are delegated to the commission to adopt regulatory technical standards concerning : the criteria for establishing that the legal and supervisory arrangements of a third country ensure that ccps authorised in that third country comply with legally binding requirements which are equivalent to the requirements resulting from this regulation ; the criteria for establishing that these ccps are subject to effective supervision and enforcement in that third country on an ongoing basis .


### the commission may adopt a decision in accordance with the procedure referred to in article 69 , determining that the legal and supervisory arrangements of a third country ensure that trade repositories authorised in that third country comply with legally binding requirements which are equivalent to the requirements set out in this regulation and that these trade repositories are subject to effective supervision and enforcement in that third country on an ongoing basis . ### powers are delegated to the commission to adopt regulatory technical standards concerning : the criteria for establishing that the legal and supervisory arrangements of a third country ensure that trade repositories authorised in that third country comply with legally binding requirements which are equivalent to the requirements set out in this regulation ; the criteria for establishing that these trade repositories are subject to effective supervision and enforcement in that third country on an ongoing basis .


### a ccp shall clearly determine the mandate , the governance arrangements to ensure its independence , the operational procedures , the admission criteria and the election mechanism for risk committee members . the governance arrangements shall be publicly available and shall , at least , determine that the risk committee is chaired by an independent member of the board , reports directly to the board and holds regular meetings . ### a ccp shall clearly determine the mandate , the governance arrangements to ensure its independence , the operational procedures , the admission criteria , and election mechanism for risk committee members who , prior to selection , shall be subject to thorough and intrusive checks by the competent authority to ensure they are fit and proper to perform their functions . the governance arrangements shall be publicly available and shall , at least , determine that the risk committee is chaired by an independent member of the board , reports directly to the board and holds regular meetings .


### where the conduct of a member of the board is likely to be prejudicial to the sound and prudent management of the ccp , the competent authority shall take appropriate measures , including removing that member from the board . ### where the conduct of a member of the board is likely to be prejudicial to the sound and prudent management of the ccp , the competent authority shall take effective measures , where appropriate including removing that member from the board .


### the service provider cooperates with the competent authority in connection with the outsourced activities ; ### when required , and without prejudice to the responsibility of the ccp for compliance , the service provider cooperates with the competent authority in connection with the outsourced activities ;


### the service provider protects any sensitive and confidential information relating to the ccp and its clearing members and clients . ### the service provider protects any confidential information relating to the ccp and its clearing members and clients , and is established in a country recognised as having appropriate data protection standards .


### a ccp shall have transparent rules for the handling of complaints . ### a ccp shall have accessible , transparent and fair rules for the timely handling of complaints .


### a ccp shall keep records and accounts that shall enable it , at any time and without delay , to identify and segregate the assets and positions of one clearing member from the assets and positions of any other clearing member and from its own assets . ### a ccp shall keep records and accounts that shall enable it , at any time and without delay , to identify and segregate the assets and positions of one clearing member from the assets and positions of any other clearing member and from its own assets , including , where relevant , assets provided via title transfer .


### a ccp shall require each clearing member to distinguish and segregate in accounts with the ccp the assets and positions of that clearing member from those of its clients . a ccp shall allow clients to have a more detailed segregation of their assets and positions . the ccp shall publicly disclose the risks and costs associated with the different levels of segregation . ### a ccp shall ensure that records are kept enabling each clearing member to distinguish and segregate in accounts with the ccp the assets and positions of that clearing member from those of its clients , including , where relevant , assets provided via title transfer . a ccp shall allow clients to have a more detailed segregation of their assets and positions . the ccp shall publicly disclose the risks and costs associated with the different levels of segregation . clearing members shall be required to keep their clients ' positions fully segregated , in separate accounts .


### depending on the level of segregation chosen by a client , the ccp shall ensure that it is able to transfer on request at a pre - defined trigger event , without the consent of the clearing member and within a pre - defined transfer period its assets and positions to another clearing member . that other clearing member shall only be obliged where it has previously entered into a contractual relationship for that purpose . ### depending on the level of segregation chosen by a client , the ccp shall ensure that it is able to transfer on request of the client or at a pre - defined trigger event , without the consent of the clearing member and within a pre - defined transfer period its assets and positions to another clearing member provided that such a transfer is legally valid and does not conflict with the ccp ' s risk management strategy . that other clearing member shall only be obliged where it has previously entered into a contractual relationship for that purpose .


### a ccp shall impose , call and collect margins to limit its credit exposures from its clearing members , and where relevant , from ccps which have interoperable arrangements . such margins shall be sufficient to cover potential exposures that the ccp estimates will occur until the liquidation of the relevant positions . they shall be sufficient to cover losses that result from at least 99 per cent of the exposures movements over an appropriate time horizon and they shall ensure that a ccp fully collateralises its exposures with all its clearing members , and where relevant with ccps which have interoperable arrangements , at least on a daily basis . ### a ccp shall impose , call and collect , or secure , margins to limit its credit exposures from its clearing members , and where relevant , from ccps which have interoperable arrangements . such margins shall be sufficient to cover potential exposures that the ccp estimates will occur until the liquidation of the relevant positions . they shall be sufficient to cover losses that result from at least 99 per cent of the exposures movements over an appropriate time horizon and they shall ensure that a ccp fully collateralises its exposures with all its clearing members , and where relevant with ccps which have interoperable arrangements , at least on a daily basis .


### a ccp shall adopt models and parameters in setting its margin requirements that capture the risk characteristics of the products cleared and take into account the interval between margin collections , market liquidity and the possibility of changes over the duration of the transaction . the models and parameters shall be validated by the competent authority and subject to a joint opinion of the college referred to in article 15 . ### a ccp shall adopt models and parameters in setting its margin requirements that capture the risk characteristics of the products cleared and take into account the interval between margin collections , market liquidity and the possibility of changes over the duration of the transaction . the models and parameters shall be independently validated by the competent authority and subject to a joint opinion of the college referred to in article 15 .


### a ccp shall call and collect margins on an intraday basis , at minimum when pre - defined thresholds are breached . ### a ccp shall call and collect , or secure , margins on an intraday basis , at minimum when pre - defined thresholds are breached .


### a ccp shall segregate the margins posted by each clearing member and , where relevant , by ccps that have interoperable arrangements and shall ensure the protection of the margins posted against the default of other clearing members , the institution where they are deposited , or of the ccp itself and from any other loss the ccp may experience . ### a ccp shall segregate the margins owned by each clearing member and , where relevant , by ccps that have interoperable arrangements and shall ensure the protection of the margins posted against the default of other clearing members , the institution where they are deposited , or of the ccp itself and from any other loss the ccp may experience .


### powers are delegated to the commission to adopt regulatory technical standards specifying the appropriate percentage and time horizon , as referred to in paragraph 1 , to be considered for the different classes of financial instruments . ### powers are delegated to the commission to adopt regulatory technical standards specifying the appropriate percentage and time horizon , and the appropriate mechanisms for collecting and securing margin , as referred to in paragraph 1 , to be considered for the different classes of financial instruments .


### esma , in consultation with eba , shall submit drafts for those regulatory technical standards to the commission by 30 june 2012 . ### esma , jointly with eba , shall submit drafts for those regulatory technical standards to the commission by 30 june 2012 .


### esma , in consultation with eba , shall submit drafts on those regulatory technical standards to the commission by 30 june 2012 . ### esma , jointly with eba , shall submit drafts on those regulatory technical standards to the commission by 30 june 2012 .


### in addition to the capital required in article 12 , a ccp shall maintain sufficient available financial resources to cover potential losses that exceed the losses to be covered by margin requirements and the default fund . such resources may include any other clearing fund provided by clearing members or other parties , loss sharing arrangements , insurance arrangements , the own funds of a ccp , parental guarantees or similar provisions . such resources shall be freely available to the ccp and shall not be used to cover the operating losses . ### in addition to the capital required in article 12 , a ccp shall maintain sufficient available financial resources to cover potential losses that exceed the losses to be covered by margin requirements and the default fund . such resources may include any other clearing fund provided by clearing members or other parties , loss sharing arrangements , insurance arrangements , the own funds of a ccp , parental guarantees or similar provisions . such resources shall be freely available to the ccp and shall not be used to cover the operating losses . the own funds shall be proportionate to the risks shared by the ccp and others underwriting risk .


### a ccp shall use contributions to the default fund and other contributions of non - defaulting clearing members only after having exhausted the contributions of the defaulting clearing member and , where relevant , the ccp ' s own funds referred to in article 41 . ### a ccp shall use contributions to the default fund and other contributions of non - defaulting clearing members only after having exhausted the contributions of the defaulting clearing member and the ccp ' s own funds referred to in article 41 .


### financial instruments posted as margins shall be deposited with operators of securities settlement systems that ensure non - discriminatory access to ccps and the full protection of those instruments . a ccp shall have prompt access to the financial instruments when required . ### financial instruments posted as margins shall be deposited with operators of securities settlement systems , or other highly secure arrangements with authorised financial institutions , that ensure non - discriminatory access to ccps and the full protection of those instruments . a ccp shall have prompt access to the financial instruments when required .


### a ccp shall have procedures in place to be followed where a clearing member does not comply with the requirements laid down in article 35 within the time limit and according to the procedures established by the ccp . the ccp shall outline the procedures to be followed in the event the insolvency of a clearing member is not established by the ccp . ### a ccp shall have detailed procedures in place to be followed where a clearing member does not comply with the requirements laid down in article 35 within the time limit and according to the procedures established by the ccp . the ccp shall outline in detail the procedures to be followed in the event the insolvency of a clearing member is not established by the ccp . these procedures shall be reviewed annually .


### a trade repository shall have robust governance arrangements , which include a clear organisational structure with well defined , transparent and consistent lines of responsibility and adequate internal control mechanisms , including sound administrative and accounting procedures , which prevent the disclosure of confidential information . ### a trade repository shall have robust governance arrangements , which include a clear organisational structure with well defined , transparent and consistent lines of responsibility and adequate internal control mechanisms , including sound administrative and accounting procedures , which prevent any disclosure of confidential information .


### the senior management and members of the board of a trade repository shall be of sufficiently good repute and experience so as to ensure the sound and prudent management of the trade repository . ### in order to ensure the sound and prudent management of the trade repository , the senior management and members of the board of a trade repository shall be subject to thorough and intrusive checks prior to ensure they are of sufficiently good repute , expertise and experience .


### a trade repository shall publish aggregate positions by class of derivatives on the contracts reported to it . ### a trade repository shall publish only aggregate positions by class of derivatives on the contracts reported to it .


### a trade repository shall make the necessary information available to the following entities : ### a trade repository shall make the necessary information available only to the following entities :


### ' third - country worker ' means any third - country national who has been admitted to the territory of a member state and is allowed to work legally in that member state ; ### ' third country worker ' means , without prejudice to the interpretation of the concept of employment relationship in other eu legislation , any third - country national who has been admitted to the territory of a member state , is legally resident and is allowed to work in the context of a paid relationship under national law and / or in accordance with national practice in that member state ;


### the commission shall report to the economic policy committee set up by council decision 74 / 122 / eec7 on the findings of these missions , including any comments on these findings made by the member state concerned . after having been transmitted to the economic policy committee , these reports , along with any comments made by the member state concerned , shall be made public , without prejudice to the provisions concerning statistical confidentiality in regulation no 223 / 2009 . __________________ 7 oj l 63 , 5 . 3 . 1974 , p . 21 ### the commission shall report to the economic policy committee set up by council decision 74 / 122 / eec7 on the findings of these missions , including any comments on these findings made by the member state concerned . after having been transmitted to the economic policy committee , these reports , along with any comments made by the member state concerned , shall be transmitted to the european parliament and made public , without prejudice to the provisions concerning statistical confidentiality in regulation no 223 / 2009 . __________________ 7 oj l 63 , 5 . 3 . 1974 , p . 21


### the council , acting on a proposal by the commission , may decide to impose a fine on a member state that intentionally or by serious negligence misrepresents the mip relevant data . ### the council , acting on a proposal by the commission , may decide to impose a fine on a member state that acts intentionally to misrepresent the mip relevant data or by way of serious negligence that results in the misrepresentation of the mip relevant data , which as a consequence impacts on the ability of the commission to make a true and fair assessment .


### upon completion of its investigation , and before submitting any proposal to the council , the commission shall give the member state concerned the opportunity of being heard in relation to the matters under investigation . the commission shall base any proposal to the council only on facts on which the member state concerned has had the opportunity to comment . ### upon completion of its investigation , and before submitting any proposal to the council , the commission shall give the member state concerned the opportunity of being heard in relation to the matters under investigation . the commission shall base any proposal to the council only on facts on which the member state concerned has had the opportunity to comment . the competent committee of the european parliament may offer a member state which is the subject of a commission proposal an opportunity to participate in an exchange of views .


### the power to adopt delegated acts referred to in article 9 shall be conferred on the commission for a period of three years starting after one month following the adoption of this regulation . the commission shall draw up a report in respect of the delegation of power not later than nine months before the end of that 3 - year period . the delegation of power shall be tacitly extended for periods of an identical duration , unless the european parliament or the council opposes such extension not later than three months before the end of each period . ### the power to adopt delegated acts referred to in article 9 shall be conferred on the commission for a period of three years starting after one month following the adoption of this regulation . the commission shall , after consultation of the relevent actors including the ecb in line with article 127 of the tfeu , draw up a report in respect of the delegation of power not later than nine months before the end of that 3 - year period . the delegation of power shall be tacitly extended for periods of an identical duration , unless the european parliament or the council opposes such extension not later than three months before the end of each period .


### the lulucf accounting rules should reflect efforts made in the agriculture and forestry sectors to enhance the contribution of changes made to the use of land resources to the reduction of emissions . this decision should provide for accounting rules applicable on a mandatory basis to the forestry activities of afforestation , reforestation , deforestation and forest management , and to the agricultural activities of grazing land management and cropland management . it should also provide for accounting rules applicable on a voluntary basis to revegetation and wetland drainage and rewetting activities . ### the accounts for the lulucf activities should reflect efforts made in the agriculture and forestry sectors to enhance the contribution of changes made to the use of land resources to the reduction of emissions . this decision should provide for accounts for the lulucf activities applicable on a mandatory basis to the forestry activities of afforestation , reforestation , deforestation and forest management . it should also provide for accounts applicable on a voluntary basis to the agricultural activities of grazing land management and cropland management , to revegetation , wetland drainage and rewetting activities .


### to ensure the environmental integrity of the accounting rules applicable to the union lulucf sector , these rules should be based on the accounting principles laid down in decision - / cmp . 7 , and decision 16 / cmp . 1 of the conference of the parties serving as the meeting of the parties to the kyoto protocol . ### to ensure the environmental integrity of the lulucf accounts applicable to the union lulucf sector , these rules should be based on the accounting principles laid down in decision 2 / cmp . 7 , and decision 16 / cmp . 1 of the conference of the parties serving as the meeting of the parties to the kyoto protocol .


### the accounting rules should accurately represent human - induced changes in emissions and removals . in that regard , this decision should provide for the use of specific methodologies in respect of different lulucf activities . emissions and removals related to afforestation , reforestation and deforestation are the direct result of human intervention and should therefore be accounted for in their entirety . however , given that not all emissions and removals from forest management are anthropogenic , the relevant accounting rules should provide for the use of reference levels to exclude the effects of natural and country - specific characteristics . reference levels constitute estimates of the annual net emissions or removals resulting from forest management within the territory of a member state for the years included in an accounting period , and should be set transparently in accordance with decision - / cmp . 7 . they should be updated to reflect improvements to methodologies or data available in the member states . the accounting rules should provide for an upper limit applicable to net greenhouse gas emissions and removals for forest management that may be entered into accounts , given underlying uncertainties in the projections on which the reference levels are based . ### the lulucf accounts should accurately represent human - induced changes in emissions and removals . in that regard , this decision should provide for the use of specific methodologies in respect of different lulucf activities . emissions and removals related to afforestation , reforestation and deforestation are the direct result of human intervention and should therefore be accounted for in their entirety . however , given that not all emissions and removals from forest management are anthropogenic , the relevant accounting rules should provide for the use of reference levels to exclude the effects of natural and country - specific characteristics . reference levels constitute estimates of the annual net emissions or removals resulting from forest management within the territory of a member state for the years included in an accounting period , and should be set transparently in accordance with decision - / cmp . 7 . they should be updated to reflect improvements to methodologies or data available in the member states . the accounting rules should provide for an upper limit applicable to net greenhouse gas emissions and removals for forest management that may be entered into accounts , given underlying uncertainties in the projections on which the reference levels are based .


### the accounting rules should ensure that member states accurately reflect in accounts the time emissions of greenhouse gasses from harvested wood take place , to provide incentives for the use of harvested wood products with long life cycles . the first - order decay function applicable to emissions resulting from harvested wood products should therefore correspond to equation 12 . 1 of the 2006 intergovernmental panel on climate change guidelines for national greenhouse gas inventories , and the relevant default half - life values should be based on table 3a . 1 . 3 of the 2003 ipcc good practice guidance for land use , land use change and forestry . ### the accounting rules should ensure that member states accurately reflect in accounts the time emissions of greenhouse gasses from harvested wood take place , to provide incentives for the use of harvested wood products with long life cycles . the first - order decay function applicable to emissions resulting from harvested wood products should therefore correspond to equation 12 . 1 of the 2006 intergovernmental panel on climate change guidelines for national greenhouse gas inventories , and the relevant default half - life values should be based on table 3a . 1 . 3 of the 2003 ipcc good practice guidance for land use , land use change and forestry . the union should elaborate sustainability criteria for biomass for energy imported from third countries .


### reporting rules on greenhouse gas emissions and other information relevant to climate change , including information on the lulucf sector , fall within the scope of regulation no … / … [ commission proposal for a regulation of the european parliament and of the council on a mechanism for monitoring and reporting union greenhouse gas emissions and for reporting other information at national and union level relevant to climate change ] , and are not therefore within the scope of this decision . ### reporting rules on greenhouse gas emissions and other information relevant to climate change , including information on the lulucf sector , fall within the scope of regulation no . . . / . . . [ commission proposal for a regulation of the european parliament and of the council on a mechanism for monitoring and reporting union greenhouse gas emissions and for reporting other information at national and union level relevant to climate change ] , and should be considered by member states when monitoring and reporting , although they do not fall within the scope of this decision .


### the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission to update the definitions laid down in article 2 in the light of changes to definitions adopted by the bodies of the unfccc or the kyoto protocol or other multilateral agreement relevant to climate change concluded by the union , to amend annex i to add accounting periods and ensure consistency between those accounting periods and the relevant periods applicable to union emission reduction commitments in other sectors , to amend annex ii with updated reference levels in accordance with the proposed reference levels submitted by member states pursuant to article 6 subject to corrections made in accordance with this decision , to revise the information specified in annex iii in accordance with scientific progress and to revise the conditions relating to the accounting rules for natural disturbances laid down in article 9 in the light of scientific progress or to reflect revisions to acts adopted by the unfccc or kyoto protocol bodies . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level . the commission , when preparing and drawing - up delegated acts , should ensure a simultaneous , timely and appropriate transmission of relevant documents to the european parliament and council . ### the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission to update the definitions laid down in article 2 in the light of changes to definitions adopted by the bodies of the unfccc or the kyoto protocol or other multilateral agreement relevant to climate change concluded by the union , to amend annex i to add accounting periods and ensure consistency between those accounting periods and the relevant periods applicable to union emission reduction commitments in other sectors , to amend annex ii with updated reference levels in accordance with the proposed reference levels submitted by member states pursuant to article 6 subject to corrections made in accordance with this decision and in the light of changes to reference levels adopted by the bodies of the unfccc or the kyoto protocol , to revise the information specified in annex iii in accordance with scientific progress and to revise the conditions relating to the accounting rules for natural disturbances laid down in article 9 in the light of scientific progress or to reflect revisions to acts adopted by the unfccc or kyoto protocol bodies . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level . the commission , when preparing and drawing - up delegated acts , should ensure a simultaneous , timely and appropriate transmission of relevant documents to the european parliament and council .


### general accounting rules ### accounts of lulucf activities


### member states shall reflect in their accounts pursuant to article 3 emissions from harvested wood products containing carbon on 1 january 2013 even where such harvested wood products were harvested prior to this date . ### member states shall reflect in their accounts pursuant to article 3 emissions from harvested wood products containing carbon on 1 january 2013 even where such harvested wood products were harvested prior to this date and shall distinguish between products originating from deforestation and forest management .


### member states may use country - specific half - life values instead of the half - life values specified in annex iii provided that those values are determined by the member state on the basis of transparent and verifiable data . ### member states may use country - specific methodologies and half - life values instead of the methodologies and half - life values specified in annex iii provided that those methodologies and values are determined by the member state on the basis of transparent and verifiable data and that the methodologies used are at least as detailed or accurate as those prescribed above .


### the member states shall lay down the rules on penalties applicable to infringements of the provisions of this regulation and shall take all measures necessary to ensure that they are implemented . the penalties provided for must be effective , proportionate and dissuasive . the member states shall notify those provisions to the commission within 9 months after the entry into force of this regulation , at the latest , and shall notify it without delay of any subsequent amendment affecting them . ### the member states shall lay down the rules on penalties applicable to infringements of the provisions of this regulation , on the basis of the minimum common standards proposed by the commission , and shall take all measures necessary to ensure that they are implemented . the penalties provided for must be effective , proportionate and dissuasive . the member states shall notify those provisions to the commission within 9 months after the entry into force of this regulation , at the latest , and shall notify it without delay of any subsequent amendment affecting them . the commission must ensure at least a minimum level of harmonisation of the penalty systems in the various member states so as to prevent differences among them do not prompt exporters to use certain points of entry to the european union in preference to others .


### where goods are not in compliance with this regulation , member states shall furthermore adopt the measures necessary to require the owner of the goods or any other person responsible for them to mark these goods in accordance with this regulation and at their own expense . ### where goods are not in compliance with this regulation , member states shall furthermore adopt the measures necessary to require the owner of the goods or any other person responsible for them to mark these goods in accordance with this regulation and at their own expense . the member states shall notify these provisions to the commission within nine months after the entry into force of this regulation , at the latest , and shall notify it without delay of any subsequent amendment affecting them .


### activities with the aim of providing better information , specialised training or technical and scientific assistance help significantly to protect the financial interests of the union and at the same time to attain an equivalent level of protection across the union . ### activities with the aim of providing better information , specialised training or technical and scientific assistance help significantly to protect the financial interests of the union and at the same time to attain an equivalent level of protection across the union . the allocation of resources to the several points of entry should be risk - based and allocation mechanisms should be able to quickly adjust to changing circumstances .


### member states shall prohibit the placing on the market of tobacco for oral use , without prejudice to article 151 of the act of accession of austria , finland and sweden . ### member states shall prohibit the placing on the market of tobacco for oral use , without prejudice to article 151 of the act of accession of austria , finland and sweden . member states and regions of member states with a tradition of using oral tobacco shall have an opportunity to apply for a national or regional derogation from the prohibition on cultural or historical grounds .


### the fund for european aid to the most deprived should strengthen social cohesion by contributing to the reduction of poverty in the union by supporting national schemes that provide non - financial assistance to the most deprived persons to alleviate food deprivation , homelessness and material deprivation of children . ### the fund for european aid to the most deprived should strengthen social cohesion by contributing to the reduction of poverty in the union by supporting , primarily through the provision of food supplies , national schemes that provide non - financial assistance to the most deprived persons to alleviate food deprivation , homelessness and material deprivation of children .


### in order to maintain the european nature of the egf , an application for support should be triggered when the number of redundancies reaches a minimum threshold . in small labour markets , such as small member states or remote regions , and in exceptional circumstances , applications may be submitted for a lower number of redundancies . as regards farmers , the necessary criteria should be determined by the commission in relation to the consequences of each trade agreement . ### in order to maintain the european nature of the egf , its funds shall be contained in a dedicated budget line within the european budget for structural funds and notably the european social fund ; an application for support could be triggered when the number of redundancies reaches a minimum threshold .


### when drawing up the coordinated package of active labour market policy measures , member states should favour measures that will significantly contribute to the employability of the redundant workers . member states should strive towards the reintegration into employment or new activities of at least 50 % of the targeted workers within 12 months of the date of application . ### when drawing up the coordinated package of active labour market policy measures , member states should favour measures that will significantly contribute to the employability of the redundant workers . member states should strive towards the reintegration into permanent employment or new activities of at least 50 % of the targeted workers within 12 months of the date of application .


### in compliance with the principle of sound financial management , financial contributions from the egf should not replace support measures which are available for redundant workers within the union ' s structural funds or other union policies or programmes . ### in compliance with the principle of sound financial management , financial contributions from the egf should not replace or duplicate support measures which are available for redundant workers within the union ' s structural funds or other union policies or programmes . the egf can only provide limited , one - off support , whereas other union policies and programmes can provide long - term support .


### in order to enable continuous monitoring by the commission of results obtained with egf assistance , member states should submit interim and final reports on the implementation of the egf . ### in order to enable political scrutiny by the european parliament and continuous monitoring by the commission of results obtained with egf assistance , member states should submit interim and final reports on the implementation of the egf in a timely fashion .


### since the objectives of this regulation cannot be sufficiently achieved by the member states and can therefore , by reason of their scale and effects , be better achieved at the union level , the union may adopt measures , in accordance with the principle of subsidiarity as set out in article 5 of the treaty on the european union . in accordance with the principle of proportionality , as set out in that article , this regulation does not go beyond what is necessary in order to achieve those objectives , ### since the objectives of this regulation cannot be sufficiently achieved by the member states and can therefore , by reason of their scale and effects , be better achieved at the union level , the union may adopt measures , in accordance with the principle of subsidiarity as set out in article 5 of the treaty on the european union . in accordance with the principle of proportionality , as set out in that article , this regulation does not go beyond what is necessary in order to achieve those objectives , and should therefore be included under the appropriate budget line ,


### the financial contribution shall be limited to what is necessary to provide solidarity and support for individual redundant workers . the activities supported by the egf shall comply with union and national law , including state aid rules . ### the financial contribution shall be limited to what is necessary to provide solidarity and temporary , one - off support for individual redundant workers . the activities supported by the egf shall comply with union and national law , including state aid rules .


### the applicant member state shall ensure that the specific actions receiving a financial contribution shall not also receive assistance from other union financial instruments . ### the applicant member state shall ensure that the specific actions receiving a financial contribution shall not also receive assistance from other union financial instruments , thereby avoiding undermining longer - term programmes such as structural funds and notably the european social fund .


### at the initiative of the commission , subject to a ceiling of 0 , 5 % of the annual maximum amount of the egf , the egf may be used to finance the preparation , monitoring , data gathering and creation of a knowledge base relevant to the implementation of the egf . it may also be used to finance administrative and technical support , information and communication activities , as well as audit , control and evaluation activities necessary to implement this regulation . ### at the initiative of the commission , subject to a ceiling of 0 , 1 % of the annual maximum amount of the egf , the egf may be used to finance the preparation , monitoring , data gathering and creation of a knowledge base relevant to the implementation of the egf . it may not be used to finance administrative and technical support , information and communication activities , as well as audit , control and evaluation activities necessary to implement this regulation , which shall be undertaken by the appropriate services within the commission dealing with the administration of structural funds and / or the european social fund .


### the applicant member state shall provide information on and publicise the funded actions . the information shall be addressed to the targeted workers , local and regional authorities , social partners , the media and the general public . it shall highlight the role of the union and ensure that the contribution from the egf is visible . ### the applicant member state shall provide information on and publicise the funded actions in a timely fashion . the information shall be addressed to the targeted workers , local and regional authorities , social partners , the media and the general public . it shall highlight the role of the union and ensure that the contribution from the egf is visible , thereby showing the eu added value and aiding the data gathering efforts of the commission in order to enhance budgetary transparency .


### the commission shall set up an internet site , available in all union languages , to provide information on the egf , guidance on the submission of applications , and information on accepted and rejected applications , highlighting the role of the budgetary authority . ### the commission shall update the dedicated internet site in a user friendly manner , available in all union languages , to provide up to date information and implementation data on the egf since its inception , guidance on the submission of applications , and information on accepted and rejected applications , highlighting the role of the budgetary authority .


### at the same time as it presents the proposal for a decision to deploy the egf , the commission shall present to the two arms of the budgetary authority a proposal for a transfer to the relevant budgetary lines . in case of disagreement a trialogue procedure shall be initiated . ### at the same time as it presents the proposal for a decision to deploy the egf , the commission shall present to the two arms of the budgetary authority a proposal for a transfer to the relevant budgetary lines . these transfers shall be carried out in accordance the budgetary priorities , both annual and long - term . in case of disagreement a trialogue procedure shall be initiated .


### no later than 15 months after the date of the application pursuant to article 8 or by the date laid down in the delegated act taken in accordance with article 4 the member state shall present an interim report to the commission on the implementation of the financial contribution , including on the funding , timing and type of actions already carried out and on the rate of reintegration into employment or new activities achieved 12 months after the date of the application . ### no later than 12 months after the date of the application pursuant to article 8 the member state shall present an interim report to the commission on the implementation of the financial contribution , including on the funding , timing and type of actions already carried out and on the rate of reintegration into employment or new activities achieved 12 months after the date of the application .


### by 1 august of every second year , and for the first time in 2015 , the commission shall present to the european parliament and to the council a quantitative and qualitative report on the activities under this regulation and regulation 1927 / 2006 in the previous two years . the report shall focus mainly on the results achieved by the egf and shall in particular contain information relating to applications submitted , decisions adopted , actions funded , including their complementarity with actions funded by other union funds , notably the european social fund and the european agricultural fund for rural development , and the winding - up of financial contributions made . it should also document those applications that have been rejected or reduced owing to a lack of sufficient appropriations or to non - eligibility . ### by 1 august of every second year , and for the first time in 2015 , the commission shall present to the european parliament and to the council a quantitative and qualitative report on the activities under this regulation and regulation 1927 / 2006 in the previous two years and compare to data from the fund ' s inception . the report shall focus mainly on the results achieved by the egf and shall in particular contain information relating to applications submitted , decisions adopted , actions funded , including their complementarity with actions funded by other union funds , notably the european social fund , and the winding - up of financial contributions made . it should also document those applications that have been rejected or reduced owing to a lack of sufficient appropriations or to non - eligibility .


### by 30 june 2018 , a mid - term evaluation of the effectiveness and sustainability of the results obtained ; ### by 30 june 2017 , a mid - term evaluation of the effectiveness and sustainability of the results obtained ;


### by 31 december 2022 , an ex - post evaluation with the assistance of external experts , to measure the impact of the egf and its added value . ### by 31 december 2021 , an ex - post evaluation , to measure the impact of the egf and its added value .


### the european council has granted the status of candidate country to iceland , montenegro , the former yugoslav republic of macedonia and turkey . it has confirmed the european perspective for albania , bosnia and herzegovina , serbia as well as kosovo13 , which are considered potential candidates . ### the european council has granted the status of candidate country to iceland , montenegro , the former yugoslav republic of macedonia , turkey and serbia . it has confirmed the european perspective for albania , bosnia and herzegovina as well as kosovo13 , which are considered potential candidates .


### . social and economic inclusion , in particular of minorities and vulnerable groups ; ### . social and economic inclusion , in particular of minorities and vulnerable groups ; encouraging and enabling active ageing of citizens and solidarity between generations ;


### the customs authorities should be able to control goods , which are or should have been subject to customs supervision in the customs territory of the union , with a view to enforcing intellectual property rights . enforcing intellectual property rights at the border , wherever the goods are , or should have been , under ‘ customs supervision’ as defined by council regulation no 2913 / 92 establishing the community customs code , makes good use of resources . where goods are detained by customs at the border , one legal proceeding is required , whereas several separate proceedings would be required for the same level of enforcement for goods found on the market , which have been disaggregated and delivered to retailers . an exception should be made for goods released for free circulation under the end - use regime , as such goods remain under customs supervision , even though they have been released for free circulation . it is also appropriate not to apply the regulation to goods carried by passengers in their personal luggage as long as these goods are for their own personal use and there are no indications that commercial traffic is involved . ### the customs authorities should be able to control goods , which are or should have been subject to customs supervision in the customs territory of the union , including goods placed under a suspensive procedure , with a view to enforcing intellectual property rights . enforcing intellectual property rights at the border , wherever the goods are , or should have been , under ‘ customs supervision’ as defined by council regulation no 2913 / 92 establishing the community customs code , makes good use of resources . where goods are detained by customs at the border , one legal proceeding is required , whereas several separate proceedings would be required for the same level of enforcement for goods found on the market , which have been disaggregated and delivered to retailers . an exception should be made for goods released for free circulation under the end - use regime , as such goods remain under customs supervision , even though they have been released for free circulation . it is also appropriate not to apply the regulation to goods carried by passengers in their personal luggage as long as these goods are for their own personal use and there are no indications that commercial traffic is involved .


### this regulation contains procedural rules for customs authorities . accordingly , this regulation does not introduce any new criterion for ascertaining the existence of an infringement of the intellectual property law applicable . ### this regulation contains procedural rules for customs authorities . accordingly , this regulation does not set out any criterion for ascertaining the existence of an infringement of the intellectual property law applicable .


### regulation no 1383 / 2003 allowed member states to provide for a procedure allowing the destruction of certain goods without there being any obligation to initiate proceedings to establish whether an intellectual property right has been infringed . as recognised in the european parliament resolution of 18 december 2008 on the impact of counterfeiting on international trade , this procedure has proved very successful in the member states where it has been available . therefore , such procedure should be made compulsory for those visible infringements that are easy to identify upon mere visual examination by the customs authorities and should be applied at the right - holder ' s request , where the declarant or holder of the goods does not object to destruction . ### regulation no 1383 / 2003 allowed member states to provide for a procedure allowing the destruction of certain goods without there being any obligation to initiate proceedings to establish whether an intellectual property right has been infringed . as recognised in the european parliament resolution of 18 december 2008 on the impact of counterfeiting on international trade , this procedure has proved very successful in the member states where it has been available . therefore , such procedure should be made compulsory with regard to all infringements and should be applied at the right - holder ' s request , where the right - holder has confirmed the infringement of an intellectual property right and agreed to the destruction and where the declarant or holder of the goods does not object to destruction .


### under the ‘ declaration on the trips agreement and public health’ adopted by the doha wto ministerial conference on 14 november 2001 , the trips agreement can and should be interpreted and implemented in a manner supportive of wto members ' right to protect public health and , in particular , to promote access to medicines for all . in particular with regard to medicines the passage of which across this territory of the european union , with or without transshipment , warehousing , breaking bulk , or changes in the mode or means of transport , is only a portion of a complete journey beginning and terminating beyond the territory of the union , customs authorities should , when assessing a risk of infringement of intellectual property rights , take account of any substantial likelihood of diversion of these goods onto the market of the union . ### under the ‘ declaration on the trips agreement and public health’ adopted by the doha wto ministerial conference on 14 november 2001 , the trips agreement can and should be interpreted and implemented in a manner supportive of wto members ' right to protect public health and , in particular , to promote access to medicines for all . it is therefore of particular importance that customs authorities do not detain or suspend the release of medicines the passage of which across the territory of the union , with or without transshipment , warehousing , breaking bulk , or changes in the mode or means of transport , is only a portion of a complete journey beginning and terminating beyond the territory of the union , where there are no sufficient indications that they are intended for sale in the union . in order to determine the substantial likelihood of diversion of medicines onto the market of the union , customs authorities should take into account , inter alia , whether the consignee or the holder of the goods has a marketing authorisation or reimbursement status in a member state .


### ‘ declarant’ means the declarant as referred to in article 4 of regulation no 2913 / 92 ; ### ‘ declarant’ means the person lodging a declaration in his own name or the person in whose name a customs declaration is made ;


### ‘ customs supervision’ means the supervision by customs authorities as referred to in article 4 of regulation no 2913 / 92 ; ### ‘ customs supervision’ means action taken in general by the customs authorities with a view to ensuring that customs legislation and , where appropriate , other provisions applicable to goods subject to such action are observed ;


### any information relevant to the customs authorities ' analysis and assessment of the risk of infringement of the intellectual property right concerned ; ### information relevant to the customs authorities ' analysis and assessment of the risk of infringement of the intellectual property right concerned ;


### where computerised systems are available for the purpose of receiving and processing applications , applications shall be submitted using electronic data - processing techniques . ### where computerised systems are available for the purpose of receiving and processing applications , applications shall be submitted using electronic data - processing techniques . member states shall make such systems available no later than 1 january 2014 .


### where the customs authorities of a member state identify , in one of the situations referred to in article 1 , goods suspected of infringing an intellectual property right covered by a decision granting an application for action , they shall take a decision to suspend the release of the goods or to detain them . ### where the customs authorities of a member state identify , in one of the situations referred to in article 1 , goods suspected of infringing an intellectual property right covered by a decision granting an application for action , they shall suspend the release of the goods or detain them .


### before adopting the decision of suspension of release or detention of the goods , the customs authorities may ask the holder of the decision granting the application to provide them with any relevant information . the customs authorities may also provide the holder of the decision with information about the actual or supposed number of items , their nature and images of those items as appropriate . ### before suspending the release or detaining the goods , the customs authorities may ask the holder of the decision granting the application to provide them with any relevant information . the customs authorities may also provide the holder of the decision with information about the actual or supposed number of items , their nature and images of those items as appropriate .


### before adopting the decision of suspension of release or detention of the goods , the customs authorities may ask the holder of the decision granting the application to provide them with any relevant information . the customs authorities may also provide the holder of the decision with information about the actual or supposed number of items , their nature and images of those items as appropriate . ### before adopting the decision of suspension of release or detention of the goods , the customs authorities may ask the holder of the decision granting the application to provide them with any relevant information . the customs authorities shall also provide the holder of the decision , at his / her request , with information about the actual or supposed number of items , their nature and images of those items as appropriate .


### the customs authorities shall notify the holder of the decision granting the application and the declarant or holder of the goods of their decision to suspend the release of the goods or to detain them within one working day of the adoption of their decision . ### the customs authorities shall notify the holder of the decision granting the application and the declarant or holder of the goods of the suspension of the release of the goods or their detention within one working day . alternatively , the customs authorities may request the holder of the decision granting the application to notify the declarant or holder of the goods accordingly , where the holder of the decision granting the application guarantees that he / she will comply with the time limits and obligations laid down in this regulation .


### the customs authorities shall notify the holder of the decision granting the application and the declarant or holder of the goods of their decision to suspend the release of the goods or to detain them within one working day of the adoption of their decision . ### the customs authorities shall notify the holder of the decision granting the application of their decision to suspend the release of the goods or to detain them within one working day of the adoption of their decision and ask the holder of the decision to notify the declarant or holder of the goods accordingly .


### the notification to the declarant or holder of the goods shall include information on the legal consequences provided by article 20 with respect to other goods than counterfeit and pirated goods and by article 23 with respect to counterfeit and pirated goods . ### the notification to the declarant or holder of the goods shall include information on the legal consequences provided by article 20 .


### before adopting the decision of suspension of release or detention of the goods , the customs authorities may , without disclosing any information other than the actual or supposed number of items , their nature and images of those items as appropriate , request any person entitled to submit an application concerning the alleged infringement of intellectual property rights to provide them with any relevant information . ### before suspending the release of or detaining the goods , the customs authorities may , without disclosing any information other than the actual or supposed number of items , their nature and images of those items as appropriate , request any person entitled to submit an application concerning the alleged infringement of intellectual property rights to provide them with any relevant information .


### the customs authorities shall notify the declarant or holder of the goods of their decision to suspend the release of the goods or to detain them within one working day of the adoption of their decision . ### the customs authorities shall notify the declarant or holder of the goods of the suspension of the release of the goods or their detention within one working day .


### to initiate proceedings to determine whether an intellectual property right has been infringed ; ### to initiate proceedings to determine whether an intellectual property right has been infringed or in the course of such proceedings ;


### initiation of proceedings and anticipated release of goods ### destruction of goods , initiation of proceedings and anticipated release of goods


### initiation of proceedings ### destruction of goods and initiation of proceedings