### member states shall set a national energy efficiency target expressed as an absolute level of primary energy consumption in 2020 . when setting these targets , they shall take into account the union ' s target of 20 % energy savings , the measures provided for in this directive , the measures adopted to reach the national energy saving targets adopted pursuant to article 4 of directive 2006 / 32 / ec and other measures to promote energy efficiency within member states and at union level . ### member states shall set a binding national energy efficiency target expressed as an absolute level of primary energy consumption in 2020 , which should be notified to the commission by [ the date of entry into force of this directive ] . these targets shall be set based on the indicative values provided in annex 0 and shall take into account the union ' s target of 20% energy savings . member states shall adopt a trajectory of energy efficiency improvement and adopt measures effectively designed to ensure that their energy efficiency improvement equals or exceeds that shown in the trajectory . member states may also adopt the measures provided for in this directive , the measures adopted to reach the national energy saving targets adopted pursuant to article 4 of directive 2006 / 32 / ec and other measures to promote energy efficiency within member states and at union level . any deviation from the values in annex 0 shall be justified and notified to the commission .


### require in their tenders for service contracts that service providers use , for the purposes of providing the services in question , only products that comply with the requirements referred to in points to , when providing the services in question ; ### require in their tenders for service contracts that service providers use , for the purposes of providing the services in question , only products that comply with the requirements referred to in points to , when providing the services in question . when tendering service contracts , public bodies shall assess the possibility of concluding long term energy performance contracts as referred to in article 14 .


### each member state shall set up an energy efficiency obligation scheme . this scheme shall ensure that either all energy distributors or all retail energy sales companies operating on the member state ' s territory achieve annual energy savings equal to 1 . 5% of their energy sales , by volume , in the previous year in that member state excluding energy used in transport . this amount of energy savings shall be achieved by the obligated parties among final customers . ### each member state shall set up an energy saving obligation scheme . this scheme shall ensure that energy distributors and / or retail energy sales companies operating on the member state ' s territory achieve cumulative annual end - use energy savings equal to at least 1 . 5% of their annual energy sales , by volume , averaged over the most recent three - year period for that member state . this amount of energy savings shall be achieved by the obligated parties among final customers .


### member states shall ensure that the savings claimed by obligated parties are calculated in accordance with annex v . they shall put in place control systems under which at least a statistically significant proportion of the energy efficiency improvement measures put in place by the obligated parties is independently verified . ### member states shall ensure that the savings claimed by obligated parties are calculated in accordance with annex v . they shall put in place independent measurement , control and verification systems under which at least a statistically significant proportion and representative selection of the energy efficiency improvement measures put in place by the obligated parties is independently verified .


### when member states put in place the roll - out of smart meters foreseen by directives 2009 / 72 / ec and 2009 / 73 / ec concerning electricity and gas markets , they shall ensure that the objectives of energy efficiency and final customer benefits are fully taken into account when establishing the minimum functionalities of the meters and obligations imposed on market participants . ### when member states put in place the roll - out of smart meters foreseen by directives 2009 / 72 / ec and 2009 / 73 / ec concerning electricity and gas markets , they shall ensure that the smart meters deployed facilitate energy savings within the home and that the general overall objectives of energy efficiency and final customer benefits are fully taken into account when establishing the minimum functionalities of the meters and obligations imposed on market participants . minimum functionalities should enable communication of smart metering components with devices or gateways within the home or building used in the provision of energy saving and demand - side management services .


### member states shall ensure that final customers for electricity , natural gas , district heating or cooling and district - supplied domestic hot water are provided with individual meters that accurately measure and allow to make available their actual energy consumption and provide information on actual time of use , in accordance with annex vi . ### when smart meters are installed member states shall ensure that final customers for electricity , natural gas , district heating or cooling and district - supplied domestic hot water are provided with individual meters that accurately measure and allow to make available their actual energy consumption and provide information on actual time of use , in accordance with annex vi .


### by 1 january 2014 , member states shall establish and notify to the commission a national heating and cooling plan for developing the potential for the application of high - efficiency cogeneration and efficient district heating and cooling , containing the information set out in annex vii . the plans shall be updated and notified to the commission every five years . member states shall ensure by means of their regulatory framework that national heating and cooling plans are taken into account in local and regional development plans , including urban and rural spatial plans , and fulfil the design criteria in annex vii . ### by 1 january 2014 , member states shall establish and notify to the commission a national heating and cooling plan for developing the potential for the application of high - efficiency cogeneration and efficient district heating and cooling , containing the information set out in annex vii . the plans shall be updated and notified to the commission every five years and should take account inter alia likely reductions in heating and cooling load arising from chapter ii articles 4 to 8 , from the implementation of directive 2010 / 31 / eu and from other measures , and the effect this decrease in energy consumption will have on future infrastructure needs . member states shall ensure by means of their regulatory framework that national heating and cooling plans are taken into account in local and regional development plans , including urban and rural spatial plans , and fulfil the design criteria in annex vii . the national heating and cooling plans shall take full account of the analysis of the national potentials for high - efficiency cogeneration carried out under 2004 / 8 / ec .


### ‘ energy performance contracting’ means a contractual arrangement between the beneficiary and the provider of an energy efficiency improvement measure , according to which the payment for the investment made by the provider is in relation to a contractually agreed level of energy efficiency improvement or other agreed energy performance criterion , such as financial savings ; ### ' energy performance contracting ' means a contractual arrangement between the beneficiary and the provider of an energy efficiency improvement measure , verified and monitored during the whole term of the contract , where investments in that measure are paid for in relation to a contractually agreed level of energy efficiency improvement or other agreed energy performance criterion .


### most eu businesses are small and medium - sized enterprises . they represent an enormous energy saving potential for the eu . to help them adopt energy efficiency measures , member states should establish a favourable framework aimed at providing smes with technical assistance and targeted information . ### most eu businesses are small and medium - sized enterprises . they represent an enormous energy saving potential for the eu . to help them adopt energy efficiency measures , member states should establish a favourable framework aimed at providing smes with technical assistance , targeted information and simplified procedures and application forms for applying for funds and / or inclusion in the national energy grid .


### where a product is covered by a delegated act adopted under directive 2010 / 30 / eu or commission directive implementing directive 92 / 75 / eec , purchase only the products that comply with the criterion of belonging to the highest energy efficiency class while taking into account cost - effectiveness , economical feasibility and technical suitability , as well as sufficient competition ; ### where a product is covered by a delegated act adopted under directive 2010 / 30 / eu or commission directive implementing directive 92 / 75 / eec , purchase only the products that comply with the criterion of belonging to the highest energy efficiency class while taking into account technical suitability , as well as sufficient competition ;


### member states shall ensure that the savings claimed by obligated parties are calculated in accordance with annex v . they shall put in place control systems under which at least a statistically significant proportion of the energy efficiency improvement measures put in place by the obligated parties is independently verified . ### member states shall ensure that the savings claimed by obligated parties are calculated in accordance with annex v . they shall put in place independent measurement , control and verification systems under which at least a statistically significant and representative sample of the energy efficiency improvement measures put in place by the obligated parties is independently verified .


### by 30 april each year , member states shall report on the progress achieved towards national energy efficiency targets , in accordance with annex xiv . ### by 30 april each year , member states shall report on the progress achieved towards their binding national energy efficiency targets , in accordance with annex xiv .


### energy audits carried out in an independent manner resulting from energy management systems or implemented under voluntary agreements concluded between organisations of stakeholders and an appointed body and supervised by the member state concerned or by the commission , shall be considered as fulfilling the requirements of paragraph 2 . ### energy audits carried out in an independent manner resulting from energy management systems such as complying with en iso 50001 or implemented under voluntary agreements concluded between organisations of stakeholders and an appointed body and supervised by the member state concerned or by the commission , shall be considered as fulfilling the requirements of paragraph 2 .


### by 1 january 2014 , member states shall establish and notify to the commission a national heating and cooling plan for developing the potential for the application of high - efficiency cogeneration and efficient district heating and cooling , containing the information set out in annex vii . the plans shall be updated and notified to the commission every five years . member states shall ensure by means of their regulatory framework that national heating and cooling plans are taken into account in local and regional development plans , including urban and rural spatial plans , and fulfil the design criteria in annex vii . ### by 1 january 2014 , member states shall establish and notify to the commission a national heating and cooling map for finding and developing more efficiently the potential for the application of cogeneration and district heating and cooling , containing the information set out in annex vii . the plans shall be updated and notified to the commission every five years .


### member states shall make publicly available the certification schemes or equivalent qualification schemes referred to in paragraph 1 and shall cooperate among themselves and with the commission on comparisons between and recognition of the schemes . ### member states shall make publicly available the qualification schemes referred to in paragraph 1 and shall work on comparisons between and recognition of the schemes . this shall be without prejudice to directive 2005 / 36 / ec .


### energy audits may stand alone or be part of a broader environmental audit . ### energy audits may stand alone or be part of a broader environmental audit . as a minimum requirement , such audits shall include a health impact assessment .


### by 1 january 2014 , member states shall establish and notify to the commission a national heating and cooling plan for developing the potential for the application of high - efficiency cogeneration and efficient district heating and cooling , containing the information set out in annex vii . the plans shall be updated and notified to the commission every five years . member states shall ensure by means of their regulatory framework that national heating and cooling plans are taken into account in local and regional development plans , including urban and rural spatial plans , and fulfil the design criteria in annex vii . ### by 1 january 2014 , member states shall analyse and notify to the commission the potential for the application of high - efficiency cogeneration and efficient district heating and cooling , containing the information set out in annex vii . the analyses shall be updated and notified to the commission every five years . member states shall ensure by means of their regulatory framework that national heating and cooling analyses are taken into account in local and regional development plans , including urban and rural spatial plans , and fulfil the design criteria in annex vii .


### member states shall establish mechanisms to ensure the connection of these installations to district heating and cooling networks . they may require these installations to bear the connection charges and the cost of developing the district heating and cooling networks necessary to transport their waste heat to consumers . ### member states shall establish mechanisms to ensure the connection of these installations , where it makes sense in terms of cost - effectiveness , to district heating and cooling networks . they may require these installations to bear the connection charges and the cost of developing the district heating and cooling networks necessary to transport their waste heat to consumers .


### member states shall ensure that final customers for electricity , natural gas , district heating or cooling and district - supplied domestic hot water are provided with individual meters that accurately measure and allow to make available their actual energy consumption and provide information on actual time of use , in accordance with annex vi . ### member states shall ensure that final customers for electricity , natural gas , district heating or cooling and district - supplied domestic hot water are provided with individual meters that accurately measure and allow to make available their actual energy consumption and provide information on actual time of use , in accordance with annex vi . meters must be cost - effective and must improve the energy efficiency of households .


### by 30 april 2014 , and every three years thereafter , member state shall submit supplementary reports with information on national energy efficiency policies , action plans , programmes and measures implemented or planned at national , regional and local level to improve energy efficiency in view of achieving the national energy efficiency targets referred to in article 3 . the reports shall be complemented with updated estimates of expected overall primary energy consumption in 2020 , as well as estimated levels of primary energy consumption in the sectors indicated in annex xiv . ### by 31 december 2013 at the latest , and every three years thereafter , the member states shall provide the commission with national energy efficiency plans which describe how the member states intend to achieve the national energy efficiency targets referred to in article 3 . these plans shall include measures implemented or planned at national , regional and local level to improve energy efficiency .


### member states shall ensure that , subject to requirements relating to the maintenance of the reliability and safety of the grid , based on transparent and non - discriminatory criteria defined by the competent national authorities , transmission system operators and distribution system operators in their territory : ### without prejudice to article 16 of directive 2009 / 28 / ec of the european parliament and of the council of 23 april 2009 on the promotion of the use of energy from renewable sources which gives first priority in access and dispatch to the grid to electricity produced from renewable energy sources , member states shall ensure that , subject to requirements relating to the maintenance of the reliability and safety of the grid , based on transparent and non - discriminatory criteria defined by the competent national authorities , transmission system operators and distribution system operators in their territory :


### permit obligated parties to count towards their obligation certified energy savings achieved by energy service providers or other third parties ; in this case they shall establish an accreditation process that is clear , transparent and open to all market actors , and that aims at minimising the costs of certification ; ### permit obligated parties to count towards their obligation certified energy savings achieved by energy service providers or other third parties , provided they are additional to the business as usual scenarios ; in this case they shall establish an accreditation process that is clear , transparent and open to all market actors , and that aims at minimising the costs of certification ;


### member states shall ensure that the savings claimed by obligated parties are calculated in accordance with annex v . they shall put in place control systems under which at least a statistically significant proportion of the energy efficiency improvement measures put in place by the obligated parties is independently verified . ### member states shall ensure that the achieved energy savings potential claimed by obligated parties are calculated and verified in accordance with the common general measurement and verification criteria and the specific national rules .


### in order to permit adaptation to technical progress and changes in the distribution of energy sources , 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 in respect of certain matters . it will be of particular importance that the commission carry out consultations during its preparatory work , including at expert level . ### in order to permit adaptation to technical progress and changes in the distribution of energy sources , 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 in respect of certain matters . the commission should carry out consultations during its preparatory work , including with the corresponding committee at the european parliament , and at expert level .


### directive 2006 / 32 / ec requires member states to adopt and aim to achieve an overall national indicative energy savings target of 9% by 2016 , to be reached by deploying energy services and other energy efficiency improvement measures . that directive states that the second energy efficiency plan adopted by the member states shall be followed , as appropriate and where necessary , by commission proposals for additional measures , including extending the period of application of targets . if a report concludes that insufficient progress has been made towards achieving the indicative national targets laid down by that directive , these proposals are to address the level and nature of the targets . the impact assessment accompanying this directive finds that the member states are on track to achieve the 9% target , which is substantially less ambitious than the subsequently adopted 20% energy saving target for 2020 , and therefore there is no need to address the level of the targets . ### directive 2006 / 32 / ec requires member states to adopt and aim to achieve an overall national indicative energy savings target of 9% by 2016 , to be reached by deploying energy services and other energy efficiency improvement measures . that directive states that the second energy efficiency plan adopted by the member states shall be followed , as appropriate and where necessary , by commission proposals for additional measures , including extending the period of application of targets . if a report concludes that insufficient progress has been made towards achieving the indicative national targets laid down by that directive , these proposals are to address the level and nature of the targets . the impact assessment accompanying this directive finds that the member states are on track to achieve the 9% target , which is substantially less ambitious than the subsequently adopted 20% energy efficiency target for 2020 , and therefore there is need to address the level of ambition .


### to tap the energy savings potential in certain market segments where energy audits are generally not offered commercially , member states should ensure that energy audits are available . energy audits should be mandatory and regular for large enterprises , as energy savings can be significant . ### to tap the energy savings potential in certain market segments where energy audits are generally not offered commercially , member states should ensure that energy audits are available and affordable . energy audits should be mandatory and regular for large enterprises , as energy savings can be significant .


### with the aim of promoting convergence of practices and of developing common tools , it is necessary to establish an appropriate framework for cooperation between the agency and the offices of the member states , clearly defining the areas of cooperation and enabling the agency to coordinate relevant common projects of union interest and to finance , up to a maximum amount , those common projects by means of grants . those cooperation activities should be beneficial for undertakings using trade mark systems in europe . for users of the union regime laid down in this regulation , the common projects , particularly the databases for search and consultation purposes , should provide additional , inclusive , efficient and free of charge tools to comply with the specific requirements flowing from the unitary character of the european trade mark . ### with the aim of promoting convergence of practices and of developing common tools , it is necessary to establish an appropriate framework for cooperation between the agency and the offices of the member states , defining key areas of cooperation and enabling the agency to coordinate relevant common projects of union interest and to finance , up to a maximum amount , those common projects by means of grants . those cooperation activities should be beneficial for undertakings using trade mark systems in the union . for users of the union regime laid down in regulation no 207 / 2009 , the common projects , particularly the databases used for search and consultation purposes , should provide , free of charge , additional , inclusive and efficient tools to comply with the specific requirements flowing from the unitary character of the european union trade mark . it should , however , not be mandatory for member states to implement the results of such common projects . while it is important that all parties contribute to the success of common projects , not least by sharing best practices and experiences , a strict obligation requiring all member states to implement the results of common projects , even where , for example , a member state believes that it already has a better it or similar tool in place , would be neither proportional nor in the best interests of users .


### the executive director shall be appointed by the management board , from a list of candidates proposed by the commission , following an open and transparent selection procedure . before being appointed , the candidate selected by the management board may be invited to make a statement before any competent european parliament committee and to answer questions put by its members . for the purpose of concluding the contract with the executive director , the agency shall be represented by the chairperson of the management board . ### the executive director shall be appointed by the management board from a list of at least three candidates proposed by a pre - selection committee of the management board composed of representatives of the member states , the commission and the european parliament , following an open and transparent selection procedure and the publication of a call for expressions of interest in the official journal of the european union and elsewhere . before being appointed , the candidate selected by the management board may be invited to make a statement before any competent european parliament committee and to answer questions put by its members . for the purpose of concluding the contract with the executive director , the agency shall be represented by the chairperson of the management board .


### in article 85 , the words ' under the conditions laid down in the implementing regulation ' are replaced by ' under the conditions laid down in accordance with article 93a . ' ; ### article 85 is replaced by the following : ' 1 . the losing party in opposition proceedings , proceedings for revocation , proceedings for a declaration of invalidity or appeal proceedings shall bear the fees incurred by the other party as well as all costs , without prejudice to article 119 , incurred by him essential to the proceedings , including travel and subsistence and the remuneration of an agent , adviser or advocate , within the limits of the scales set for each category of costs under the conditions laid down in accordance with article 93a . ' ;


### the term of office of the executive director shall be five years . by the end of that period , the commission shall undertake an assessment which takes into account an evaluation of the performance of the executive director and the agency ' s future tasks and challenges . ### the term of office of the executive director shall be five years . by the end of that period , the management board shall undertake an assessment which takes into account an evaluation of the performance of the executive director and the agency ' s future tasks and challenges . the term of office of the executive director may be extended once for no more than five years by the management board , following a positive evaluation by the management board . prior to taking a decision extending the term of office of the executive director , the management board shall consult the commission .


### the amounts of the fees referred to in paragraph 1 shall be fixed at such level as to ensure that the revenue in respect thereof is in principle sufficient for the budget of the agency to be balanced while avoiding the accumulation of significant surpluses . without prejudice to article 139 , the commission shall review the level of fees should a significant surplus become recurrent . if this review does not lead to a reduction or modification in the level of fees which has the effect of preventing the further accumulation of a significant surplus , the surplus accumulated after the review shall be transferred to the budget of the union . ### the amounts of the fees referred to in paragraph 1 shall be fixed at the levels set out in annex - i so as to ensure that the revenue in respect thereof is in principle sufficient for the budget of the agency to be balanced while avoiding the accumulation of significant surpluses .


### proprietors of european trade marks applied for before 22 june 2012 which are registered solely in respect of the entire heading of a nice class , may declare that their intention on the date of filing had been to seek protection in respect of goods or services beyond those covered by the literal meaning of the heading of that class , provided that the goods or services so designated are included in the alphabetical list for that class of the edition of the nice classification in force at the date of filing . ### proprietors of european trade marks applied for before 22 june 2012 which are registered in respect of the entire heading of a nice class , may declare that their intention on the date of filing had been to seek protection in respect of goods or services beyond those covered by the literal meaning of the heading of that class , provided that the goods or services so designated are included in the alphabetical list for that class of the edition of the nice classification in force at the date of filing .


### the agency shall define , elaborate and coordinate common projects of union interest with regard to the areas referred to in paragraph 1 . the project definition shall contain the specific obligations and responsibilities of each participating industrial property office of the member states and the benelux office for intellectual property . ### the agency shall define , elaborate and coordinate common projects of union interest with regard to the areas referred to in paragraph 1 . the project definition shall set out the specific obligations and responsibilities of each participating industrial property office of the member states and the benelux office for intellectual property . throughout all phases of the common projects , the agency shall consult with representatives from users .


### the sign is identical with the european trade mark and is used in relation to goods or services which are identical with those for which the european trade mark is registered , and where such use affects or is liable to affect the function of the european trade mark to guarantee to consumers the origin of the goods or services ; ### the sign is identical with the european union trade mark and is used in relation to goods or services which are identical with those for which the european union trade mark is registered ;


### in article 13 , the words ' in the community ' are replaced by ' in the european economic area ' . ; ### article 13 is replaced by the following : ' 1 . a european union trade mark shall not entitle the proprietor to prohibit its use in relation to goods which have been put on the market in the european economic area under that trade mark by the proprietor or with his consent . ' ;


### the date of filing of a european trade mark application shall be the date on which documents containing the information specified in article 26 are filed with the agency by the applicant , subject to payment of the application fee for which the order for payment shall have been given at the latest on that date . ' ; ### the date of filing of a european union trade mark application shall be the date on which documents containing the information specified in article 26 are filed with the agency by the applicant , subject to the order for payment of the application fee . in the case of a belated order for payment , the date of filing shall be deemed to be the date on which the order for payment is given ' ;


### in article 67 , the words ' within the period prescribed ' are replaced by ' within the period prescribed in accordance with article 74a ' ; ### article 67 is replaced by the following : ' 1 . an applicant for a european union collective mark shall submit regulations governing its use within the period prescribed in accordance with article 74a . ' ;


### as a consequence of the entry into force of the lisbon treaty , the terminology of regulation no 207 / 2009 should be updated . this implies the replacement of ‘ community trade mark’ by ‘ european trade mark’ . in line with the common approach on decentralised agencies , agreed in july 2012 by the european parliament , the council and the commission , the name ‘ office for harmonisation in the internal market ’ should be replaced by ‘ european union trade marks and designs agency’ . ### as a consequence of the entry into force of the lisbon treaty , the terminology of regulation no 207 / 2009 should be updated . this implies the replacement of ‘ community trade mark’ by ‘ european union trade mark’ . in line with the common approach on decentralised agencies , agreed in july 2012 by the european parliament , the council and the commission , the name ‘ office for harmonisation in the internal market ’ should be replaced by ‘ european union intellectual property agency’ .


### the proprietor of a european trade mark shall also be entitled to prevent all third parties from bringing goods , in the context of commercial activity , into the customs territory of the union without being released for free circulation there , where such goods , including packaging , come from third countries and bear without authorization a trade mark which is identical to the european trade mark registered in respect of such goods , or which cannot be distinguished in its essential aspects from that trade mark . ### the proprietor of a european union trade mark shall also be entitled to prevent all third parties from bringing goods , in the context of commercial activity , into the customs territory of the union without being released for free circulation there , where such goods , including packaging , come from a third country and bear without authorisation a trade mark which is identical to the european union trade mark validly registered in respect of such goods , or which cannot be distinguished in its essential aspects from that trade mark , on condition that the proprietor proves that the trade mark is also validly registered in the country of destination .


### in order to more effectively prevent the entry of infringing goods , particularly in the context of sales over the internet , the proprietor should be entitled to prohibit the importing of such goods into the union , where it is only the consignor of the goods who acts for commercial purposes . ### in order to more effectively prevent the entry of counterfeit goods , particularly in the context of sales over the internet , the proprietor should be entitled to prohibit the importing of such goods into the union where it is only the consignor of the counterfeit goods who acts for commercial purposes .


### with the aim of strengthening trade mark protection and combatting counterfeiting more effectively , the proprietor of a european trade mark should be entitled to prevent third parties from bringing goods into the customs territory of the union without being released for free circulation there , where such goods come from third countries and bear without authorization a trade mark which is essentially identical to the european trade mark registered in respect of such goods . ### with the aim of strengthening trade mark protection and combatting counterfeiting more effectively , the proprietor of a european union trade mark should be entitled to prevent third parties from bringing goods into the customs territory of the union without being released for free circulation there , where such goods come from third countries and bear without authorisation a trade mark which is essentially identical to the european union trade mark registered in respect of such goods . in order not to hamper legitimate flows of goods , this rule should only apply if the proprietor of a european union trade mark is able to show that the trade mark is validly registered also in the country of destination . this rule should be without prejudice to the union ' s right to promote access to medicines for third countries .


### the declaration shall be filed at the agency within 4 months from the entry into force of this regulation , and shall indicate , in a clear , precise and specific manner , the goods and services , other than those clearly covered by the literal meaning of the indications of the class heading , originally covered by the proprietor ' s intention . the agency shall take appropriate measures to amend the register accordingly . this possibility is without prejudice to the application of articles 15 , 42 , 51 and 57 . ### the declaration shall be filed at the agency within six months from the entry into force of this regulation , and shall indicate , in a clear , precise and specific manner , the goods and services , other than those clearly covered by the literal meaning of the indications of the class heading , originally covered by the proprietor ' s intention . the agency shall take appropriate measures to amend the register accordingly . this possibility is without prejudice to the application of article 15 , article 42 , point of article 51 and article 57 .


### the agency shall provide financial support to the common projects of union interest referred to in paragraph 2 to the extent this is necessary to ensure the effective participation of the industrial property offices of the member states and the benelux office for intellectual property in the projects within the meaning of paragraph 3 . that financial support may take the form of grants . the total amount of funding shall not exceed 10% of the yearly income of the agency . the beneficiaries of grants shall be the industrial property offices of the member states and the benelux office for intellectual property . grants may be awarded without calls for proposals in accordance with the financial rules applicable to the agency and with the principles of grant procedures contained in the financial regulation no 966 / 2012 of the european parliament and of the council and in the commission delegated regulation no 1268 / 2012 . ### the agency shall provide financial support to the common projects of union interest referred to in paragraph 2 to ensure the effective participation of the industrial property offices of the member states and the benelux office for intellectual property in the projects within the meaning of paragraph 3 . that financial support may take the form of grants . the total amount of funding shall not exceed 20% of the yearly income of the agency . the beneficiaries of grants shall be the industrial property offices of the member states and the benelux office for intellectual property . grants may be awarded without calls for proposals in accordance with the financial rules applicable to the agency and with the principles of grant procedures contained in the financial regulation no 966 / 2012 of the european parliament and of the council and in commission delegated regulation no 1268 / 2012 .


### the first subparagraph shall only apply where the use made by the third party is in accordance with honest practices in industrial or commercial matters . ### this paragraph shall only apply where the use made by the third party is in accordance with honest practices in industrial or commercial matters .


### the proprietor of a european trade mark shall also be entitled to prevent the importing of goods referred to in paragraph 3 where only the consignor of the goods acts for commercial purposes . ### the proprietor of a european union trade mark shall also be entitled to prevent the importing of goods where only the consignor of the goods acts for commercial purposes and where such goods , including packaging , bear without authorisation a trade mark which is identical to the european union trade mark registered in respect of such goods , or which cannot be distinguished in its essential aspects from that trade mark .


### the executive director shall be appointed by the management board , from a list of candidates proposed by the commission , following an open and transparent selection procedure . before being appointed , the candidate selected by the management board may be invited to make a statement before any competent european parliament committee and to answer questions put by its members . for the purpose of concluding the contract with the executive director , the agency shall be represented by the chairperson of the management board . ### the executive director shall be appointed by the management board from a list of at least three candidates proposed by a pre - selection committee of the management board composed of representatives of the member states , the commission and the european parliament , following an open and transparent selection procedure and the publication of a call for expressions of interest in the official journal of the european union and elsewhere . before being appointed , the candidate selected by the management board may be invited to make a statement before any competent european parliament committee and to answer questions put by its members . for the purpose of concluding the contract with the executive director , the agency shall be represented by the chairperson of the management board .


### priority claims shall be filed together with the european trade mark application and shall include the date , number and country of the previous application . ### priority claims shall be filed together with the european trade mark application and shall include the date , number and country of the previous application . the applicant shall file a copy of the previous application within three months from the filing date . if the previous application is an application for a european union trade mark , the agency shall ex officio include a copy of the previous application in the file .


### a european union trade marks and designs agency , hereinafter referred to as &#8220 ; the agency&#8221 ; , is hereby established . ### a european union intellectual property agency , hereinafter referred to as &#8220 ; the agency&#8221 ; , is hereby established .


### in article 67 , the words ' within the period prescribed ' are replaced by ' within the period prescribed in accordance with article 74a ' ; ### article 67 is replaced by the following : ' 1 . an applicant for a european union collective mark shall submit regulations governing its use within a period of two months after the date of filing . ' ;


### the management board shall be composed of one representative of each member state and two representatives of the commission and their alternates . ### the management board shall be composed of one representative of each member state , two representatives of the commission and one representative of the european parliament and their respective alternates .


### in order to allow for more flexibility while ensuring greater legal certainty with regard to the means of representation of trade marks , the requirement of graphic representability should be deleted from the definition of a european trade mark . a sign should be permitted to be represented in any appropriate form , and thus not necessarily by graphic means , as long as the representation enables the competent authorities and the public to determine with precision and clarity the precise subject matter of protection . ### in order to allow for more flexibility while ensuring greater legal certainty with regard to the means of representation of trade marks , the requirement of graphic representability should be deleted from the definition of a european union trade mark . a sign should be permitted to be represented in the register of european union trade marks in any appropriate form , and thus not necessarily by graphic means , as long as the representation uses generally available technology and enables the competent authorities and the public to determine with precision and clarity the precise subject matter of protection .


### the amounts of the fees referred to in paragraph 1 shall be fixed at such level as to ensure that the revenue in respect thereof is in principle sufficient for the budget of the agency to be balanced while avoiding the accumulation of significant surpluses . without prejudice to article 139 , the commission shall review the level of fees should a significant surplus become recurrent . if this review does not lead to a reduction or modification in the level of fees which has the effect of preventing the further accumulation of a significant surplus , the surplus accumulated after the review shall be transferred to the budget of the union . ### the amounts of the fees referred to in paragraph 1 shall be fixed at the levels set out in annex - i so as to ensure that the revenue in respect thereof is in principle sufficient for the budget of the agency to be balanced while avoiding the accumulation of significant surpluses .


### the agency shall define , elaborate and coordinate common projects of union interest with regard to the areas referred to in paragraph 1 . the project definition shall contain the specific obligations and responsibilities of each participating industrial property office of the member states and the benelux office for intellectual property . ### the agency shall define , elaborate and coordinate common projects of union interest with regard to the areas referred to in paragraph 1 . the project definition shall set out the specific obligations and responsibilities of each participating industrial property office of the member states and the benelux office for intellectual property . throughout all phases of the common projects , the agency shall consult with representatives from users .


### in order to ensure an effective and efficient method to resolve disputes , to ensure consistency with the language regime laid down in regulation no 207 / 2009 , the expeditious delivery of decisions on a simple subject matter , and the effective and efficient organisation of the boards of appeal , and to guarantee an appropriate and realistic level of fees to be charged by the agency , while complying with the budgetary principles set out in regulation no 207 / 2009 , the power to adopt delegated acts in accordance with article 290 of the treaty should be delegated to the commission in respect of specifying the details on the languages to be used before the agency , the cases where opposition and cancellation decisions should be taken by a single member , the details on the organisation of the boards of appeal , the amounts of the fees to be paid to the agency and details related to their payment . ### in order to ensure an effective and efficient method of resolving disputes , consistency with the language regime laid down in regulation no 207 / 2009 , the expeditious delivery of decisions in cases having a simple subject matter , and the effective and efficient organisation of the boards of appeal , while complying with the budgetary principles set out in regulation no 207 / 2009 , the power to adopt delegated acts in accordance with article 290 of the treaty should be delegated to the commission in respect of specifying the details concerning the languages to be used before the agency , the cases in which opposition and cancellation decisions should be taken by a single member , the details concerning the organisation of the boards of appeal and details relating to the payment of fees .


### in article 85 , the words ' under the conditions laid down in the implementing regulation ' are replaced by ' under the conditions laid down in accordance with article 93a . ' ; ### article 85 is replaced by the following : ' 1 . the losing party in opposition proceedings , proceedings for revocation , proceedings for a declaration of invalidity or appeal proceedings shall bear the fees incurred by the other party as well as all costs , without prejudice to article 119 , incurred by him essential to the proceedings , including travel and subsistence and the remuneration of an agent , adviser or advocate , within the limits of the scales set for each category of costs [ . . . ] . ' ;


### as a consequence of the entry into force of the lisbon treaty , the terminology of regulation no 207 / 2009 should be updated . this implies the replacement of ‘ community trade mark’ by ‘ european trade mark’ . in line with the common approach on decentralised agencies , agreed in july 2012 by the european parliament , the council and the commission , the name ‘ office for harmonisation in the internal market ’ should be replaced by ‘ european union trade marks and designs agency’ . ### as a consequence of the entry into force of the lisbon treaty , the terminology of regulation no 207 / 2009 should be updated . this implies the replacement of ‘ community trade mark’ by ‘ european union trade mark’ . in line with the common approach on decentralised agencies , agreed in july 2012 by the european parliament , the council and the commission , the name ‘ office for harmonisation in the internal market ’ should be replaced by ‘ european union intellectual property agency’ .


### with the aim of promoting convergence of practices and of developing common tools , it is necessary to establish an appropriate framework for cooperation between the agency and the offices of the member states , clearly defining the areas of cooperation and enabling the agency to coordinate relevant common projects of union interest and to finance , up to a maximum amount , those common projects by means of grants . those cooperation activities should be beneficial for undertakings using trade mark systems in europe . for users of the union regime laid down in this regulation , the common projects , particularly the databases for search and consultation purposes , should provide additional , inclusive , efficient and free of charge tools to comply with the specific requirements flowing from the unitary character of the european trade mark . ### with the aim of promoting convergence of practices and of developing common tools , it is necessary to establish an appropriate framework for cooperation between the agency and the offices of the member states , defining key areas of cooperation and enabling the agency to coordinate relevant common projects of union interest and to finance , up to a maximum amount , those common projects by means of grants . those cooperation activities should be beneficial for undertakings using trade mark systems in the union . for users of the union regime laid down in regulation no 207 / 2009 , the common projects , particularly the databases used for search and consultation purposes , should provide , free of charge , additional , inclusive and efficient tools to comply with the specific requirements flowing from the unitary character of the european union trade mark . it should , however , not be mandatory for member states to implement the results of such common projects . while it is important that all parties contribute to the success of common projects , not least by sharing best practices and experiences , a strict obligation requiring all member states to implement the results of common projects , even where , for example , a member state believes that it already has a better it or similar tool in place , would be neither proportional nor in the best interests of users .


### in order to guarantee a uniform application of voluntary modulation of direct payments in all member states , the commission should be empowered to adopt implementing acts in accordance with article 291 of the treaty . save where explicitly provided otherwise , the commission should adopt those implementing acts in accordance with the provisions of regulation no . 182 / 2011 of the european parliament and the council on 16 february 2011 to be completed following the adoption of the regulation on control mechanisms , as referred to in article 291 of the tfeu , currently the subject of discussion by the european parliament and the council . ### in order to ensure uniform conditions for the implementation of regulation no 378 / 2007 in the member states concerned , implementing powers should be conferred on the commission as regards fixing the net amounts resulting from the application of voluntary modulation , ensuring the integration of voluntary modulation in rural development programming and ensuring the financial management of voluntary modulation . those powers should be exercised in accordance with regulation no 182 / 2011 of the european parliament and of the council of 16 february 2011 laying down the rules and general principles concerning mechanisms for control by member states of the commission ' s exercise of implementing powers1 . 1 oj l 55 , 28 . 2 . 2011 , p . 13 .


### in order to guarantee a uniform application of voluntary modulation of direct payments in all member states , the commission should be empowered to adopt implementing acts in accordance with article 291 of the treaty . save where explicitly provided otherwise , the commission should adopt those implementing acts in accordance with the provisions of regulation no [ xxxx / yyyy ] of the european parliament and the council on… [ to be completed following the adoption of the regulation on control mechanisms , as referred to in article 291 of the tfeu , currently the subject of discussion by the european parliament and the council ] . ### in order to ensure uniform conditions for the implementation of regulation no 378 / 2007 in the member states concerned , implementing powers should be conferred on the commission as regards ensuring the integration of voluntary modulation in rural development programming and ensuring the financial management of voluntary modulation . those powers should be exercised in accordance with regulation no 182 / 2011 of the european parliament and of the council of 16 february 2011 laying down the rules and general principles concerning mechanisms for control by member states of the commission ' s exercise of implementing powers1 . __________________ 1 oj l 55 , 28 . 2 . 2011 , p . 13 .


### in order to ensure the efficient implementation of voluntary modulation the commission should , by means of implementing acts , fix the net amounts resulting from the application of voluntary modulation . given the nature of the envisaged implementing acts , the commission should adopt those acts without the assistance of a committee . ### in order to ensure the efficient implementation of voluntary modulation the commission should , by means of implementing acts , fix the net amounts resulting from the application of voluntary modulation .


### attacks against information systems , in particular as a result of the threat from organised crime , are a growing menace , and there is increasing concern about the potential for terrorist or politically motivated attacks against information systems which form part of the critical infrastructure of member states and the union . this constitutes a threat to the achievement of a safer information society and an area of freedom , security and justice , and therefore requires a response at the level of the european union . ### there is increasing concern about the potential for terrorist or politically motivated attacks against information systems which form part of the critical infrastructure of member states and the union . this constitutes a threat to the achievement of a safer information society and an area of freedom , security and justice , and therefore requires a response at the level of the european union .


### for the performance of official controls and other official activities on the production and marketing of plant reproductive material , and in the field of animal welfare , the competent authorities should have access to updated , reliable and consistent technical data , to research findings , new techniques and expertise necessary for the correct application of union legislation applicable in those areas . for that purpose the commission should be able to designate , and rely on the expert assistance of , european union reference centres for plant reproductive material and for animal welfare . ### for the performance of official controls and other official activities in the field of animal welfare , the competent authorities should have access to updated , reliable and consistent technical data , to research findings , new techniques and expertise necessary for the correct application of union legislation applicable in those areas . for that purpose the commission should be able to designate , and rely on the expert assistance of , a european union reference centre for animal welfare .


### having , where possible , heard the operator responsible for the consignment , the competent authorities shall , without delay , order that the operator : ### the competent authorities shall hear the operator responsible for the consignment . the competent authority may omit this if an immediate decision is necessary either because a delay would be dangerous or in the public interest . it shall , without delay , order that the operator :


### official controls shall be performed as much as possible in a manner that minimises the burden on the operators . ### official controls shall be performed as much as possible in a manner that minimises the burden on the operators . an independent appeal process should be available for operators who can reasonably claim , with evidence , to have suffered extensive and unnecessary burden .


### by derogation from point of article 36 , competent authorities may designate the following as official laboratories irrespective of whether they fulfil the condition provided for in that point : ### by derogation from point of article 36 , competent authorities may designate the following as official laboratories , or laboratories acting under official supervision , irrespective of whether they fulfil the condition provided for in that point :


### all legislative measures implementing the decisions 2009 / 371 / jha and decision 2005 / 681 / jha are repealed with effect from the date of application of this regulation . ### all legislative measures implementing decision 2009 / 371 / jha are repealed with effect from the date of application of this regulation .


### europol , as established by this regulation , shall replace and succeed europol as established by decision 2009 / 371 / jha , and cepol as established by decision 2005 / 681 / jha . it should therefore be a legal successor of all their contracts , including employment contracts , liabilities and properties acquired . international agreements concluded by europol as established on the basis of decision 2009 / 371 / jha and cepol as established on the basis of decision 2005 / 681 / jha should remain in force , with the exception of the headquarters agreement concluded by cepol . ### europol , as established by this regulation , shall replace and succeed europol as established by decision 2009 / 371 / jha . it should therefore be a legal successor of all their contracts , including employment contracts , liabilities and properties acquired . international agreements concluded by europol as established on the basis of decision 2009 / 371 / jha should remain in force .


### data protection rules at europol should be strengthened and draw on the principles underpinning regulation no 45 / 200132 to ensure a high level of protection of individuals with regard to processing of personal data . as declaration 21 attached to the treaty recognizes the specificity of personal data processing in the law enforcement context , the data protection rules of europol should be autonomous and aligned with other relevant data protection instruments applicable in the area of police cooperation in the union , in particular convention no . 10833 and recommendation no r of the council of europe34 and council framework decision 2008 / 977 / jha on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters35 [ to be replaced by the relevant directive in force at the moment of adoption ] . ### data protection rules at europol should be strengthened and draw on the principles underpinning regulation no 45 / 200132 or the instrument replacing regulation 45 / 2001 to ensure a high level of protection of individuals with regard to processing of personal data . as declaration 21 attached to the treaty recognizes the specificity of personal data processing in the law enforcement context , the data protection rules of europol should be autonomous and aligned with other relevant data protection instruments applicable in the area of police cooperation in the union , in particular convention no . 10833 and recommendation no r of the council of europe34 and the robust data protection regime laid down in council framework decision 2008 / 977 / jha on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters35 [ to be replaced by the relevant directive in force at the moment of adoption ] .


### information originating from a member state shall be assessed as far as possible by the member state providing information on the basis of its reliability using the following information evaluation codes : ### information originating from a member state shall be assessed by the member state providing information on the basis of its reliability using the following information evaluation codes :


### processing of personal data , by automated or other means , revealing racial or ethnic origin , political opinions , religion or beliefs , trade - union membership and of data concerning health or sex life shall be prohibited , unless it is strictly necessary for preventing or combating crime that falls under europol ' s objectives and if those data supplement other personal data already processed by europol . ### processing of personal data , by automated or other means , revealing racial or ethnic origin , political opinions , religion or beliefs , trade - union membership and of data concerning health or sex life shall be prohibited , unless it is strictly necessary and duly justified for preventing or combating crime that falls under europol ' s objectives and if those data supplement other personal data already processed by europol .


### regulation no 1049 / 200143 shall apply to documents held by europol . ### regulation no 1049 / 200143 shall apply to all administrative documents held by europol .


### processing of personal data on victims of a criminal offence , witnesses or other persons who can provide information on criminal offences , or on persons under the age of 18 shall be prohibited unless it is strictly necessary for preventing or combating crime that falls under europol ' s objectives . ### processing of personal data on victims of a criminal offence , witnesses or other persons who can provide information on criminal offences , or on persons under the age of 18 shall be prohibited unless it is strictly necessary and duly justified for preventing or combating crime that falls under europol ' s objectives .


### member states shall , via their national unit or a competent authority of a member state , in particular : supply europol with the information necessary for it to fulfil its objectives . this includes providing europol without delay with information relating to crime areas that are considered a priority by the union . it also includes providing a copy of bilateral or multilateral exchanges with another member state or member states in so far as the exchange refers to crime that falls under europol ' s objectives ; ### the national units shall : supply europol , on their own initiative , with the information and intelligence necessary for it to perform its functions , and respond to europol ' s requests for information , the supply of intelligence and advice ; without prejudice to the member states’ discharging the responsibilities incumbent upon them with regard to the maintenance of law and order and the safeguarding of internal security , a national unit shall not in any particular case be obliged to supply information or intelligence if that would entail : harming essential national security interests ; jeopardising the success of a current investigation or the safety of individuals ; or disclosing information relating to organisations or specific intelligence activities in the field of state security .


### member states shall have indirect access on the basis of a hit / no hit system to information provided for the purposes of article 24 , without prejudice to any restrictions indicated by the member states , union bodies and third countries or international organisations providing the information , in accordance with article 25 . in the case of a hit , europol shall initiate the procedure by which the information that generated the hit may be shared , in accordance with the decision of the member state that provided the information to europol . ### member states shall have indirect access on the basis of a hit / no hit system to information provided for the a specific purpose under article 24 , without prejudice to any restrictions indicated by the member states , union bodies and third countries or international organisations providing the information , in accordance with article 25 . in the case of a hit , europol shall initiate the procedure by which the information that generated the hit may be shared , in accordance with the decision of the member state , union body , third country or international organisation that provided the information to europol and to the extent that the data that generated the hit are necessary for the legitimate performance of their tasks .


### the management board shall adopt implementing rules concerning the data protection officer . those implementing rules shall in particular concern the selection procedure for the position of the data protection officer and his / her dismissal , tasks , duties and powers and safeguards for independence of the data protection officer . europol shall provide the data protection officer with the staff and resources necessary for him / her to carry out his / her duties . these staff members shall have access to the personal data processed at europol and to europol premises only to the extent necessary for the performance of their tasks . ### the management board shall adopt implementing rules concerning the data protection officer . those implementing rules shall in particular concern the selection procedure for the position of the data protection officer and his / her dismissal , tasks , duties and powers and safeguards for independence of the data protection officer . europol shall provide the data protection officer with the staff and resources necessary for him / her to carry out his / her duties . these staff members shall have access to the personal data processed at europol and to europol premises only to the extent necessary for the performance of their tasks . such access shall be possible at any time and without prior request .


### where a complaint relates to a decision as referred to in article 39 or 40 , the european data protection supervisor shall consult the national supervisory bodies or the competent judicial body in the member state that was the source of the data or the member state directly concerned . the decision of the european data protection supervisor , which may extend to a refusal to communicate any information , shall be taken in close cooperation with the national supervisory body or competent judicial body . ### where a complaint relates to a decision as referred to in article 39 or 40 , the european data protection supervisor shall consult the national supervisory bodies or the competent judicial body in the member state that was the source of the data or the member state directly concerned .


### having regard to the treaty on the functioning of the european union , and in particular article 88 and article 87 thereof , ### having regard to the treaty on the functioning of the european union , and in particular article 88 thereof ,


### proposal for a regulation of the european parliament and the council on the european union agency for law enforcement cooperation and training and repealing decisions 2009 / 371 / jha and 2005 / 681 / jha ### proposal for a regulation of the european parliament and the council on the european union agency for law enforcement cooperation and repealing decision 2009 / 371 / jha


### the national units shall inform europol without delay of the initiation of the investigation . ### the member states , via their national units shall promptly inform europol and eurojust whether an investigation will be initiated .


### cross - checking aimed at identifying connections between information ; ### cross - checking aimed at identifying connections between information , limited to persons who are suspected of having committed or having taken part in a criminal offence in respect of which europol is competent , or who have been convicted for such an offence , persons regarding whom there are factual indications or reasonable grounds that they will commit criminal offences


### decisions 2009 / 371 / jha and 2005 / 681 / jha should therefore be repealed and replaced by this regulation , which draws on the lessons learnt from the implementation of both decisions . europol as established by this regulation should replace and assume the functions of europol and cepol as established by the two repealed decisions . ### decision 2009 / 371 / jha should therefore be repealed and replaced by this regulation , which draws on the lessons learnt from the implementation of that decision . europol as established by this regulation should replace and assume the functions of europol as established by the repealed decision .


### before appointment , the candidate selected by the management board may be invited to make a statement before the competent committee of the european parliament and to answer questions put by its members . ### before appointment , the candidate selected by the management board shall , if invited to , make a statement before the competent committee of the european parliament and to answer questions put by its members .


### the national supervisory authorities and the european data protection supervisor shall meet , where needed . the costs and servicing of such meetings shall be borne by the european data protection supervisor . rules of procedure shall be adopted at the first meeting . further working methods shall be developed jointly as necessary . ### the national supervisory authorities and the european data protection supervisor shall meet , where needed . the costs and servicing of such meetings shall be borne by the european data protection supervisor and where necessary co - financed by member states . rules of procedure shall be adopted at the first meeting . further working methods shall be developed jointly as necessary .


### as crime often occurs across internal borders , europol should support and strengthen member state actions and their cooperation in preventing and combating serious crime affecting two or more member states . as terrorism is one of the most important threats for the security of the union , europol should assist member states in facing common challenges in this regard . as the eu law enforcement agency , europol should also support and strengthen actions and cooperation on tackling forms of crime that affect the interests of the eu . it should also offer support in preventing and combating related criminal offences which are committed in order to procure the means , to facilitate , to carry out or to ensure the impunity of acts in respect of which europol is competent . ### europol should support and strengthen member state actions and their cooperation in preventing and combating serious crime affecting two or more member states . as terrorism presents a threat for the security of the union , europol should assist member states in facing common challenges in this regard . as the eu law enforcement agency , europol should also support and strengthen actions and cooperation on tackling forms of crime that affect the interests of the eu . it should also offer support in preventing and combating related criminal offences which are committed in order to procure the means , to facilitate , to carry out or to ensure the impunity of acts in respect of which europol is competent .


### europol , as established by this regulation , shall replace and succeed europol as established by decision 2009 / 371 / jha , and cepol as established by decision 2005 / 681 / jha . it should therefore be a legal successor of all their contracts , including employment contracts , liabilities and properties acquired . international agreements concluded by europol as established on the basis of decision 2009 / 371 / jha and cepol as established on the basis of decision 2005 / 681 / jha should remain in force , with the exception of the headquarters agreement concluded by cepol . ### europol , as established by this regulation , shall replace and succeed europol as established by decision 2009 / 371 / jha . it should therefore be a legal successor of all their contracts , including employment contracts , liabilities and properties acquired . international agreements concluded by europol as established on the basis of decision 2009 / 371 / jha should remain in force .


### administrative personal data and staff data ### administrative personal data


### conduct inquiries either on his / her own initiative or on the basis of a complaint , and inform the data subjects of the outcome within a reasonable period ; ### conduct inquiries either on its own initiative or on the basis of a complaint , and inform the data subjects of the outcome within a reasonable period ;


### decisions 2009 / 371 / jha and 2005 / 681 / jha should therefore be repealed and replaced by this regulation , which draws on the lessons learnt from the implementation of both decisions . europol as established by this regulation should replace and assume the functions of europol and cepol as established by the two repealed decisions . ### decision 2009 / 371 / jha should therefore be repealed and replaced by this regulation , which draws on the lessons learnt from the implementation of the decision . the europol agency as established by this regulation should replace and assume the functions of europol as established by the repealed decision .


### subject to any possible restrictions stipulated pursuant to article 25 or europol may directly transfer personal data to union bodies in so far as it is necessary for the performance of its tasks or those of the recipient union body . ### subject to any possible restrictions stipulated pursuant to article 25 or europol may directly transfer personal data to union bodies in so far as it is necessary for the performance of its tasks or those of the recipient union body . europol shall make public the list of eu institutions and bodies with whom it shares information , by posting such a list on its website .


### the source of information originating from a member state shall be assessed as far as possible by the providing member state using the following source evaluation codes : ### the source of information originating from a member state shall be assessed by the providing member state using the following source evaluation codes :


### this regulation replaces and repeals decision 2009 / 371 / jha and decision 2005 / 681 / jha . references to the replaced decisions shall be construed as references to this regulation . ### this regulation replaces and repeals decision 2009 / 371 / jha . references to the replaced decision shall be construed as references to this regulation .


### member states shall , via their national unit or a competent authority of a member state , in particular : ### member states shall , via their national unit , in particular :


### cooperating with the european data protection supervisor ; ### cooperating with the european data protection supervisor , especially with regards to the processing operations referred to in article 42 ;


### to increase the effectiveness of europol as a hub for information exchange in the union , clear obligations for member states to provide europol with the data necessary for it to fulfil its objectives should be laid down . while implementing such obligations , member states should pay particular attention to providing data relevant for the fight against crimes considered to be strategic and operational priorities within relevant policy instruments of the union . member states should also provide europol with a copy of bilateral and multilateral exchanges of information with other member states on crime falling under europol ' s objectives . at the same time , europol should increase the level of its support to member states , so as to enhance mutual cooperation and sharing of information . europol should submit an annual report to all union institutions and to national parliaments on the extent to which individual member states provide it with information . ### to increase the effectiveness of europol as a hub for information exchange in the union , member states shall voluntarily provide europol with accurate , timely , and necessary data for it to fulfil its objectives . member states shall provide information to europol , with the aim of improving the quality and effectiveness of europol ' s operations . in providing such information member states should pay particular attention to providing data relevant for the fight against crimes considered to be strategic and operational priorities within relevant policy instruments of the union . at the same time , europol should increase the level of its support to member states , so as to enhance mutual cooperation and sharing of information . europol should submit an annual report to all union institutions and to national parliaments on the extent to which individual member states provide it with information .


### ' the competent authorities of the member states ' means all police authorities and other law enforcement services existing in the member states which are responsible under national law for preventing and combating criminal offences ; ### ' the competent authorities of the member states ' means those designated by the member states from among their police services and other law enforcement services responsible , in accordance with the corresponding national legislation , for preventing and combating criminal offences in respect of which europol is competent ;


### the european data protection supervisor shall draw up an annual report on the supervisory activities on europol . this report shall be part of the annual report of the european data protection supervisor referred to in article 48 of regulation no 45 / 2001 . ### the joint supervisory authority shall draw up an annual report on the supervisory activities on europol to be presented to the european parliament , to the council , to the european commission and to national parliaments . .


### to enable europol to continue to fulfil the tasks of europol as established on the basis of decision 2009 / 371 / jha and cepol as established by decision 2005 / 681 / jha to the best of its abilities , transitional measures should be laid down , in particular with regard to the management board , the executive director and ring - fencing part of europol’s budget for training for three years following the entry into force of this regulation . ### to enable europol to continue to fulfil the tasks of europol as established on the basis of decision 2009 / 371 / jha to the best of its abilities , transitional measures should be laid down , in particular with regard to the management board and the executive director .


### for the purpose of enabling it to exercise parliamentary scrutiny of europol ' s activities in accordance with article 53 , access to european union classified information and sensitive non - classified information processed by or through europol may be granted to the european parliament and its representatives upon request . 2 . access to european union classified information and sensitive non - classified information shall be in compliance with the basic principles and minimum standards as referred to in article 69 . the details shall be governed by a working arrangement concluded between europol and the european parliament . ### for the purpose of enabling it to exercise parliamentary scrutiny of europol ' s activities in accordance with article 53 , access to european union classified information and sensitive non - classified information processed by or through europol shall be granted to the european parliament and its representatives upon request , after consultation of the data provider and after deletion of personal data . 2 . access to european union classified information and sensitive non - classified information shall be in compliance with the basic principles and minimum standards laid down in the decision of the bureau of the european parliament of 15 april 2013 concerning the rules governing the treatment of confidential information by the european parliament1 . the details shall be governed by a working arrangement concluded between europol and the european parliament on the basis of annex ii of the framework agreement on relations between the european parliament and the european commission . _____________ 1 not yet published in the official journal


### member states shall ensure a minimum level of security of all systems used to connect to europol . ### member states shall ensure the highest possible level of security of all systems used to connect to europol .


### personal data referred to in paragraphs 1 and 2 shall not be transmitted to member states , union bodies , third countries or international organisations unless strictly necessary in individual cases concerning crime that falls under europol ' s objectives . ### personal data referred to in paragraphs 1 and 2 shall not be transmitted to member states , union bodies , third countries or international organisations unless strictly necessary and duly justified in individual cases concerning crime that falls under europol ' s objectives . such transmission shall be in accordance with the provisions laid down in chapter vi of this regulation .


### europol may retrieve and process information , including personal data , from information systems , of a national , union or international nature , including by means of computerised direct access , in so far as authorised by union , international or national legal instruments . the applicable provisions of such union , international or national legal instruments shall govern the access to and use of that information by europol insofar as they provide for stricter rules on access and use than those of this regulation . the access to such information systems shall be granted only to duly authorised staff of europol as far as this is necessary for the performance of their tasks . ### europol may retrieve and process information , including personal data , from information systems , of a national , union or international nature , in so far as authorised by union , international or national legal instruments . the applicable provisions of such union , international or national legal instruments shall govern the access to and use of that information by europol insofar as they provide for stricter rules on access and use than those of this regulation . the access to such information systems shall be granted only to duly authorised staff of europol as far as this is necessary for the performance of their tasks . access shall only be granted on a hit / no hit basis . any information related to the hit shall be communicated to europol only after the explicit approval and authorisation of transfer by the relevant member state , union body or international organisation and be subject to the assessment referred to in article 35 of this regulation .


### at the same time , europol shall request the national units of the member states concerned established on the basis of article 7 to initiate , conduct or coordinate a criminal investigation . ### member states shall deal with any request by europol to initiate , conduct or coordinate investigations in specific cases . they shall give such requests due consideration , but shall have absolute discretion over whether or not to comply with them .


### the prospectus shall contain information concerning the issuer and the securities to be offered to the public or to be admitted to trading on a regulated market . it shall also include a summary . the summary shall , in a brief manner and in non - technical language , convey the essential characteristics and risks associated with the issuer , any guarantor and the securities , in the language in which the prospectus was originally drawn up . the format and content of the summary of the prospectus shall provide key information in order to enable investors to take informed investment decisions and to compare the securities with other investment products . the summary shall also contain a warning that : ### the prospectus shall contain information concerning the issuer and the securities to be offered to the public or to be admitted to trading on a regulated market . the prospectus shall also include a key information document . the key information document shall , in a brief manner and in non - technical language , convey the essential characteristics and risks associated with the issuer , any guarantor and the securities . it shall be in a common format and in the language in which the prospectus was originally drawn up . the format and content of the key information document of the prospectus shall provide appropriate information about the essential characteristics of the securities concerned in order to enable investors to take informed investment decisions . the key information document shall include information on the following essential elements in respect of the securities concerned : essential information on the issuer , if applicable , the guarantor , and the securities to be offered to the public or to be admitted to trading on a regulated market ; a short description of the risks associated with and essential characteristics of the investment in the relevant security ; details of the offer and admission to trading ; the assets , liabilities and financial position of the securities , if applicable ; the reasons for the offer and prospective use of proceeds , where appropriate ; any rights attaching to the securities ; and the general terms and associated costs . the key information document shall also contain a warning that :


### in particular , in order to take account of the technical developments in the financial markets and to ensure uniform application of directive 2003 / 71 / ec , the commission should be empowered to adopt implementing measures to update the limits established in that directive . since those measures are of general scope and are designed to amend non - essential elements of directive 2003 / 71 / ec by supplementing it with new non - essential elements , they must be adopted in accordance with the regulatory procedure with scrutiny provided for in article 5a of decision 1999 / 468 / ec . ### in order to take account of the technical developments in the financial markets and to ensure uniform application of directive 2003 / 71 / ec , the commission should be empowered to adopt delegated acts in accordance with article 290 of the treaty on the functioning of the european union concerning the updating of the limits established in directive 2003 / 71 / ec , and specifying the detailed content and specific form of the key information document . in that regard , the commission should take into account ongoing developments regarding prips , .


### securities included in an offer where the total consideration of the offer in the community is less than eur 2 500 000 , which limit shall be calculated over a period of 12 months ; ### securities included in an offer where the total consideration of the offer in the community is less than eur 5 000 000 , which limit shall be calculated over a period of 12 months ;


### member states shall not require another prospectus in any such subsequent resale of securities or final placement of securities through financial intermediaries as long as a valid prospectus is available in accordance with article 9 and the issuer or the person responsible for drawing up such prospectus consents to its use . ### member states shall not require another prospectus in any such subsequent resale of securities or final placement of securities through financial intermediaries as long as a valid prospectus is available in accordance with article 9 and the issuer or the person responsible for drawing up such prospectus and , if applicable , any other entity which , pursuant to national law , is liable for the accuracy of the content of such prospectus consents to its use .


### for the purposes of private placements of securities , investment firms and credit institutions should be entitled to treat as qualified investors those natural or legal persons that are considered to be or that they treat as professional clients , or that are recognized eligible counterparties in accordance with directive 2004 / 39 / ec of the european parliament and of the council of 21 april 2004 on markets in financial instruments amending council directives 85 / 611 / eec and 93 / 6 / eec and directive 2000 / 12 / ec of the european parliament and of the council and repealing council directive 93 / 22 / eec18 . an alignment of the relevant provisions of directives 2003 / 71 / ec and 2004 / 39 / ec in this sense would reduce complexity and costs for investment firms in the event of private placements because the firms would be able to define the persons to whom the placement is to be addressed relying on their own list of professional clients and eligible counterparties . therefore , the definition of qualified investors in directive 2003 / 71 / ec should be widened to include those persons . ### for the purposes of private placements of securities , investment firms and credit institutions should be entitled to treat as qualified investors those natural or legal persons that are considered to be or that they treat as professional clients , or that are recognized eligible counterparties in accordance with directive 2004 / 39 / ec of the european parliament and of the council of 21 april 2004 on markets in financial instruments amending council directives 85 / 611 / eec and 93 / 6 / eec and directive 2000 / 12 / ec of the european parliament and of the council and repealing council directive 93 / 22 / eec18 . an alignment of the relevant provisions of directives 2003 / 71 / ec and 2004 / 39 / ec in this sense would reduce complexity and costs for investment firms in the event of private placements because the firms would be able to define the persons to whom the placement is to be addressed relying on their own list of professional clients and eligible counterparties . therefore , the definition of qualified investors in directive 2003 / 71 / ec should be widened to include those persons and no separate register should be maintained .


### a valid prospectus , drawn up by the issuer or the offeror and available to the public at the time of the final placement of securities through financial intermediaries or in any subsequent resale of securities , provides sufficient information for investors to make informed investment decisions . therefore , financial intermediaries placing or subsequently reselling the securities should be entitled to rely upon the initial prospectus published by the issuer or the offeror as long as this is valid and duly supplemented in accordance with article 9 and article 16 of directive 2003 / 71 / ec and the issuer or the offeror responsible for drawing up such prospectus consents to its use . in this case no other prospectus should be required . however , in case the issuer or the offeror responsible for drawing up such initial prospectus does not consent to its use , the financial intermediary should be required to publish a new prospectus . ### a valid prospectus , drawn up by the issuer or the offeror and available to the public at the time of the final placement of securities through financial intermediaries or in any subsequent resale of securities , provides sufficient information for investors to make informed investment decisions . therefore , financial intermediaries placing or subsequently reselling the securities should be entitled to rely upon the initial prospectus published by the issuer or the offeror as long as this is valid and duly supplemented in accordance with articles 9 and 16 of directive 2003 / 71 / ec and the issuer or the offeror responsible for drawing up such prospectus consents to its use . the issuer or the offeror should be able to attach conditions to his or her consent . in the event that consent to use the prospectus has been given , the issuer or the offeror responsible for drawing up the initial prospectus should be liable for the information stated therein and no other prospectus should be required . where , notwithstanding such consent , the final terms of the resale prospectus have to be updated , the financial intermediary making use of the prospectus should be liable for the additional information stated in the prospectus , and for updating the final terms with the resale price . however , where the issuer or the offeror responsible for drawing up such initial prospectus does not consent to its use , the financial intermediary should be required to publish a new prospectus . where the financial intermediary chooses to use the initial prospectus without consent , the intermediary should be liable for the information stated in the initial prospectus .


### the summary of the prospectus is a key source of information for retail investors . it should be short , simple and easy for targeted investors to understand . it should focus on the key information that investors need in order to be able to make informed investment decisions . its content should not be restricted to any predetermined number of words . the format and content of the summary should be determined in a way that ensures comparability with other investment products that are similar to the investment proposal described in the prospectus . therefore , member states should attach civil liability on the basis of the summary not only if it is misleading , inaccurate or inconsistent , when read together with the other parts of the prospectus , but also if it does not provide key information enabling investors to take informed investment decisions and to compare the securities with other investment products . ### the summary of the prospectus should be replaced by a key information document , which will be a key source of information for retail investors . it should be short , simple , clear and easy for targeted investors to understand . it should focus on essential elements that investors need in order to be able to make informed investment decisions . it should be concise and should present the information in a specified order to allow harmonisation to the highest extent possible and to facilitate comparability . esma should provide advice to the commission when preparing the necessary level two measures . esma shall take into account developments regarding packaged retail investment products referred to in the commission communication of 30 april 2009 , when providing advice on the implementing measures .


### in order to clarify whether the requirement to publish a supplement to the prospectus ends with the start of trading of the securities on a regulated market irrespective of whether the offering period has closed , the obligation to supplement a prospectus should be terminated at the final closing of the offering period or the time when trading of such securities on a regulated market begins , whichever occurs earlier . ### in order to clarify whether the requirement to publish a supplement to the prospectus ends with the start of trading of the securities on a regulated market irrespective of whether the offering period has closed , the obligation to supplement a prospectus should be terminated at the final closing of the offering period or the time when trading of such securities on a regulated market begins , whichever occurs earlier . the requirement to supplement the prospectus should cease once the transparency obligations laid down in directives 2004 / 109 / ec and 2003 / 6 / ec apply .


### points and are deleted . ### points , , and are deleted .