### the commission shall be empowered to adopt delegated acts in accordance with article 94 to determine the limits or alternative arrangements on the number of contracts which any person can enter into over a specified period of time and the necessary equivalent effects of the alternative arrangements established in accordance with paragraph 1 , as well as the conditions for exemptions . the limits or alternative arrangements shall take account of the conditions referred to in paragraph 1 and the limits that have been set by regulated markets , mtfs and otfs . the limits or alternative arrangements determined in the delegated acts shall also take precedence over any measures imposed by competent authorities pursuant to article 72 paragraph of this directive . ### esma shall develop draft regulatory technical standards to determine the ex - ante limits and arrangements on the number of contracts which any person can enter into over a specified period of time and the necessary effects of the additional arrangements and the method of calculating positions established in accordance with paragraph 1 , the conditions for exemptions as well as the relevant ratios of overall positions to aggregate positions resulting from bona fide hedging transactions required for establishing whether a situation of excessive speculation arises or whether there is a significant risk of such situation arising . the limits and arrangements shall take account of the conditions referred to in paragraph 1 and the limits that have been set by regulated markets , mtfs and otfs . the limits and arrangements determined in the delegated acts shall also take precedence over any measures imposed by competent authorities pursuant to article 72 paragraph of this directive . esma shall submit those draft implementing technical standards to the commission by [ 31 december 2012 ]


### in order to enable the publication mentioned in point of paragraph 1 , member states shall require members and participants of regulated markets , mtfs and otfs to report to the respective trading venue the details of their positions in real - time , including any positions held on behalf of their clients . ### in order to enable the publication and reporting mentioned in point of paragraph 1 , member states shall require all persons holding a position in a relevant financial instrument admitted to trading or traded on a regulated market or mtf to report to the respective trading venue the details of their positions at the end of each trading day , as well as during the trading day at defined intervals where appropriate .


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


### the introduction of a commercial solution for a consolidated tape for equities should contribute to creating a more integrated european market and make it easier for market participants to gain access to a consolidated view of trade transparency information that is available . the envisaged solution is based on an authorisation of providers working along pre - defined and supervised parameters which are in competition with each other in order to achieve technically highly sophisticated and innovative solutions , serving the market to the greatest extent possible . ### the introduction of a consolidated tape for equities should contribute to creating a more integrated european market and make it easier for market participants to gain access to a consolidated view of trade transparency information that is available at reasonable prices compared to the production costs . the envisaged solution would be operated by a single entity . however , this entity would be a commercial undertaking that is appointed following a public tender every third year upon the merit of its bid submitted to the european commission .


### research and development expenditure has the nature of investment and should therefore be recorded as fixed capital formation . however , it is necessary to specify the format of the data to be recorded as fixed capital formation by means of a delegated act when a sufficient level of confidence in the reliability of the data is reached through a test exercise based on the development of supplementary tables . ### research and development expenditure is an investment and should therefore be recorded as fixed capital formation . however , it is necessary to specify the format of the data to be recorded as fixed capital formation by means of a delegated act when a sufficient level of confidence in the reliability of the data is reached through a test exercise based on the development of supplementary tables .


### there is a need to pursue studies and work , in particular on issues related to gdp and beyond and europe 2020 with the aim of developing a more comprehensive measurement approach for wellbeing and progress in order to support the promotion of a smart , sustainable and inclusive economy . these studies and work will help to further improve data availability , transmission and quality , to enhance methodologies , so as to prepare for future developments . ### there is a need to conduct studies and work , in particular on issues related to gdp and beyond and europe 2020 with the aim of developing a more comprehensive measurement approach for wellbeing and progress in order to support the promotion of a smart , sustainable and inclusive economy , taking into account environmental considerations . such studies and work will help to further improve data availability , transmission and quality , to enhance methodologies , so as to prepare for future developments . data on national and regional accounts should be seen as one element in the pursuit of those aims .


### since the implementation of this regulation might require major adaptations in the national statistical systems , derogations may be granted by the commission to member states . ### since the implementation of this regulation might require major adaptations in the national statistical systems , limited derogations may be granted by the commission to member states where there are strong grounds showing that providing the data is not feasible because there are insufficient resources available or major methodological obstacles need to be overcome . such derogations should be temporary and subject to review .


### each member state shall carry out in every calendar year a total number of initial roadside inspections , corresponding to at least 5% of the total number of vehicles referred to in article 3 that are registered in its territory . ### each member state shall carry out in every calendar year a number of initial roadside inspections . a target could be corresponding to 5% of the total number of vehicles referred to in article 3 that are registered in its territory .


### before deciding on disembarkation in a third country , the participating units shall take into account the general situation in that third country and intercepted or rescued persons shall not be disembarked in that third country when the host member state or the participating member states are aware or ought to be aware that this third country is engaged in practices as described in paragraph 1 . ### before deciding on disembarkation in a third country , the agency , the host member state and other participants shall take into account the general situation in that third country and intercepted or rescued persons shall not be disembarked in that third country when they are aware that this third country is engaged in practices as described in paragraph 1 . in this regard , a list of third countries shall be adopted in accordance with the examination procedure referred to in article 5 of regulation 182 / 2011 .


### ‘ place of safety’ means a location where rescue operations are considered to terminate and where the survivors’ safety of life including as regards the protection of their fundamental rights is not threatened , where their basic human needs can be met and from which transportation arrangements can be made for the survivors’ next destination or final destination ; ### ‘ safe third country’ means a location where rescue operations are considered to terminate and where the survivors’ safety of life including as regards the protection of their fundamental rights is not threatened , where their basic human needs can be met and from which transportation arrangements can be made for the survivors’ next destination or final destination ;


### the transmission system operators shall enable permanent physical capacity to transport gas in both directions on all interconnections within two years from the entry into force of this regulation , except in cases where at the request of a competent authority , the commission decides that the addition of a bi - directional flow capacity would not enhance the security of supply of any member state . such decision may be reviewed if circumstances change . the level of the bi - directional flow capacity shall be reached in a cost efficient way and at least take into account the capacity required to meet the supply standard set in article 7 . within that two year period , the gas transmission system operator shall adapt the functioning of the transmission system as a whole so as to enable bi - directional gas flows . ### if necessary in the light of the risk and impact assessment carried out in accordance with article 8 , taking into account technical feasibility and a cost - benefit analysis , the transmission system operators shall , by . . . * , enable permanent physical capacity to transport gas in both directions on those interconnections where the addition of a bi - directional flow capacity would enhance the security of supply , in particular during an emergency . the assessment may be reviewed if circumstances change . within that three - year period , the gas transmission system operator shall , in accordance with the risk and impact assessment carried out in accordance with article 8 , taking into account technical feasibility and a cost - benefit analysis , adapt the functioning of the transmission system as a whole so as to enable bi - directional gas flows . * oj please insert date : three years from the date of entry into force of this regulation .


### by [ 31 march 2011 ; 12 months from entry into force ] at the latest , the competent authority , after consultation of the natural gas undertakings , of the relevant organisations representing the interests of household and industrial customers and of the regulatory authority , where it is not the competent authority , shall establish : ### by . . . * , on the basis of the risk and impact assessment carried out in accordance with article 8 , the competent authority , after consultation of the natural gas undertakings , of the relevant organisations representing the interests of household and industrial customers and of the regulatory authority , where it is not the competent authority , shall establish : * oj please insert date : 12 months from the entry into force of this regulation .


### during the process mentioned in paragraph 2 the commission may recommend at which regional level the exchange of information and consultations shall take place . the commission , after consultation of the european network of transmission system operators for gas and the agency for the cooperation of energy regulators , may also recommend the establishment of a joint plan at regional level . ### during the process mentioned in paragraph 2 the commission may recommend at which regional level the exchange of information and consultations shall take place . the commission , in cooperation with the european network of transmission system operators for gas , the agency for the cooperation of energy regulators and the gas coordination group , may also recommend the establishment of a joint plan at regional level .


### the security of supply aspects of long - term planning of investments in sufficient cross - border capacities and other infrastructures , ensuring the long - term ability of the system to guarantee security of supply and meet reasonable demands , are addressed by directive . . . / … / ec of the european parliament and of the council [ concerning common rules for the internal market in natural gas and repealing directive 2003 / 55 / ec ] . meeting the security of supply standards may require a transitional period to allow the necessary investments to be made . the 10 - year network development plan drawn up by the entso - g and supervised by acer is a fundamental tool to identify the required investments needed at community level . ### the security of supply aspects of long - term planning of investments in sufficient cross - border capacities and other infrastructures , ensuring the long - term ability of the system to guarantee security of supply and meet reasonable demands , are addressed by directive 2009 / 73 / ec of the european parliament and of the council of 13 july 2009 concerning common rules for the internal market in natural gas . meeting the security of supply standards may require a transitional period to allow the necessary investments to be made . the 10 - year network development plan drawn up by the entso - g and supervised by acer is a fundamental tool to identify the required investments needed at community level in order to implement the infrastructure requirements laid down in this regulation and to undertake a risk assessment at community level .


### where a retail investor initiates a procedure for alternative dispute resolution laid down in national law against an investment product manufacturer or a person selling investment products with regard to a dispute concerning rights and obligations established under this regulation , the investment product manufacturer or the person selling investment products shall participate in that procedure , provided that it fulfils the following requirements : ### member states shall ensure that where a retail investor initiates a procedure for alternative dispute resolution laid down in national law against an investment product manufacturer or a person selling investment products with regard to a dispute concerning rights and obligations established under this regulation , the investment product manufacturer or the person selling investment products shall participate in that procedure , provided that it fulfils the following requirements :


### the investment product manufacturer may only include other information where it is necessary for the retail investor to take an informed investment decision about a specific investment product . ### the investment product manufacturer may only include other objective information where it is necessary for the retail investor to take an informed investment decision about a specific investment product .


### when a retail investor demonstrates a loss resulting from the use of the information contained in the key information document , the investment product manufacturer has to prove that the key information document has been drawn up in compliance with articles 6 , 7 and 8 of this regulation . ### when a retail investor demonstrates a loss resulting from the use of the information contained in the key information document , the retail investor has to prove that the key information has been drawn up in compliance with articles 6 , 7 and 8 of this regulation .


### when a retail investor demonstrates a loss resulting from the use of the information contained in the key information document , the investment product manufacturer has to prove that the key information document has been drawn up in compliance with articles 6 , 7 and 8 of this regulation . ### member states shall ensure that a person does not incur civil liability solely on the basis of the key information document , including any translation thereof , unless it is misleading , inaccurate or inconsistent with other binding contractual documents , deemed under the product manufacturers [ his or hers ] control . key information document shall contain a clear warning in this respect .


### in line with that case - law , member states should ensure that the selection of the best qualified candidates for non - executive directors is based on a comparative analysis of the qualifications of each candidate on the basis of pre - established , clear , neutrally formulated and unambiguous criteria . examples of types of selection criteria that companies could apply include professional experience in managerial and / or supervisory tasks , knowledge in specific relevant areas such as finance , controlling or human resources management , leadership and communication skills and networking abilities . priority should be given to the candidate of the under - represented sex if that candidate is equally qualified as the candidate of the other sex in terms of suitability , competence and professional performance , and if an objective assessment taking account of all criteria specific to the individual candidates does not tilt the balance in favour of a candidate of the other sex . ### in line with that case - law , listed companies should be encouraged to base the selection of the best qualified candidates for non - executive directors on a comparative analysis of the qualifications of each candidate on the basis of pre - established , clear , neutrally formulated and unambiguous criteria . examples of types of selection criteria that companies could apply include professional experience in managerial and / or supervisory tasks , knowledge in specific relevant areas such as finance , controlling or human resources management , leadership and communication skills and networking abilities . priority may be given to the candidate of the under - represented sex if that candidate is equally qualified as the candidate of the other sex in terms of suitability , competence and professional performance , and if an objective assessment taking account of all criteria specific to the individual candidates does not tilt the balance in favour of a candidate of the other sex .


### member states having suspended pursuant to article 8 the application of the procedural requirements relating to appointments contained in article 4 , , and shall include information in the reports mentioned in paragraph 1 demonstrating the concrete results obtained by the national measures referred to in article 8 . the commission shall then issue a specific report ascertaining whether those measures effectively enable members of the under - represented sex to hold at least 40 per cent of the non - executive director positions by 1 january 2018 for listed companies which are public undertakings , and by 1 january 2020 for listed companies which are not public undertakings . the first such report shall be issued by the commission by 1 july 2017 , and subsequent reports shall be issued within six months after notification of the respective national reports under paragraph 1 . ### member states having suspended pursuant to article 8 the application of the procedural requirements contained in article 4 and and article 5 shall include information in the reports mentioned in paragraph 1 demonstrating the concrete results obtained by the national measures referred to in article 8 . the commission shall then issue a specific report ascertaining whether those measures effectively enable members of the under - represented sex to hold at least 40 per cent of the non - executive director positions of listed companies by 1 january 2020 . the first such report shall be issued by the commission by 1 july 2017 , and subsequent reports shall be issued within six months after notification of the respective national reports under paragraph 1 .


### where a listed company does not meet the objectives laid down in article 4 or its own individual commitments taken pursuant to paragraph 1 of this article , the information referred to in paragraph 2 of this article shall include the reasons for not reaching the objectives or commitments and a description of the measures which the company has adopted or intends to adopt in order to meet the objectives or commitments . ### does not affect english version . linguistic correction to french .


### member states should require listed companies to provide information on the gender composition of their boards as well as information on how they managed to meet the objectives laid down in this directive , on a yearly basis to the competent national authorities in order to enable them to assess the progress of each listed company towards gender balance among directors . such information should be published and , where the company in question has not met the objective , it should include a description of the measures that it has taken so far and intends to take in the future in order to meet the objective . ### member states should require listed companies to provide information on the gender composition of their boards as well as on the measures taken to meet the objectives laid down in this directive , on a yearly basis to the competent national authorities in order to enable them to assess the progress of each listed company towards gender balance among directors . such information should be published in the annual report and on the company ' s website and , where the company in question has not met the individually set targets , it should include a description of the measures that it has taken so far and intends to take in the future in order to meet those targets .


### member states may provide that the objective laid down in paragraph 1 is met where listed companies can show that members of the under - represented sex hold at least one third of all director positions , irrespective of whether they are executive or non - executive . ### member states shall ensure that companies having reached gender parity , defined as a 40 per cent representation of the underrepresented gender among executive and non - executive directors , shall not be obliged to draw up a gender balance policy in accordance with article 4 but shall simply state their key target figures in their annual report and on their website .


### without prejudice to article 4 and , member states which before the entry into force of this directive have already taken measures to ensure a more balanced representation of women and men among the non - executive directors of listed companies may suspend the application of the procedural requirements relating to appointments contained in article 4 , , and , provided that it can be shown that those measures enable members of the under - represented sex to hold at least 40 per cent of the non - executive director positions of listed companies by at the latest 1 january 2020 , or at the latest 1 january 2018 for listed companies which are public undertakings . ### member states which before the entry into force of this directive have already taken measures to ensure a more balanced representation of women and men among the non - executive directors of listed companies may suspend the application of the procedural requirements contained in article 4 , and article 5 , provided that it can be shown that those measures enable members of the under - represented sex to hold at least 40 per cent of the non - executive director positions of listed companies by at the latest 1 january 2020 .


### the current lack of transparency of the selection procedures and qualification criteria for board positions in most member states represents a significant barrier to more gender diversity among board members and negatively affects both the board candidates ' careers and freedom of movement , as well as investor decisions . such lack of transparency prevents potential candidates for board positions from applying to boards where their qualifications would be most required and from challenging gender - biased appointment decisions , thus restricting their freedom of movement within the internal market . on the other hand , investors have different investment strategies that require information linked also to the expertise and competence of the board members . more transparency in the qualification criteria and the selection procedure for board members enables investors to better assess the company ' s business strategy and to take informed decisions . ### the current lack of transparency of the selection procedures and qualification criteria for board positions in most member states represents a significant barrier to more gender diversity among board members and negatively affects both the board candidates ' careers and investor decisions . such lack of transparency prevents potential candidates for board positions from applying to boards where their qualifications would be most required and from challenging gender - biased appointment decisions . on the other hand , investors have different investment strategies that require information linked also to the expertise and competence of the board members . more transparency in the qualification criteria and the selection procedure for board members enables investors to better assess the company ' s business strategy and to take informed decisions .


### member states should provide for effective , proportionate and dissuasive sanctions for breaches of this directive , which could include , inter alia , administrative fines and nullity or annulment declared by a judicial body of the appointment or of the election of non - executive directors made contrary to the national provisions adopted pursuant to article 4 . ### member states should provide for effective , proportionate and dissuasive administrative sanctions for breaches of this directive . sanctions shall be applied in the case of listed companies that do not comply with the procedures for setting targets and developing a gender policy as laid down in article 4 or with the disclosure requirements as defined in article 5 of this directive . however , the case of companies ' failure to reach their individually set targets should not qualify as a breach of this directive and should not trigger a sanctioning regime .


### the union should therefore aim to increase the presence of women on company boards , in order both to boost economic growth and the competitiveness of european companies and to achieve effective gender equality on the labour market . this aim should be pursued through minimum requirements on positive action in the form of binding measures aiming at attaining a quantitative objective for the gender composition of boards of listed companies , in the view of the fact that member states and other countries which have chosen this or a similar method have achieved the best results in reducing the under - representation of women in economic decision - making positions . ### the union should therefore aim to increase the presence of women on company boards , in order both to boost economic growth and the competitiveness of european companies and to achieve effective gender equality on the labour market . this aim should be pursued through a ' comply or explain ' model whereby companies would be required to set targets for the proportion of the underrepresented gender among their executive and non - executive board directors and at all levels of management . furthermore , companies should develop a policy for increasing their gender balance and should report in a transparent manner in their annual report on the gender balance of the corporate board and at management levels . if individually - set targets are not reached , the company should be obliged in its annual report to explain the reasons for this failure and to detail the measures planned in order to rectify this .


### member states exercise a dominant influence over listed companies which are public undertakings within the meaning of article 2 of commission directive 2006 / 111 / ec of 16 november 2006 on the transparency of financial relations between member states and public undertakings , as well as on financial transparency within certain undertakings . 32 due to that dominant influence , they have the instruments at their disposal to bring about the necessary change more rapidly . therefore , in such companies the objective of least 40 per cent of non - executive directors of the under - represented sex should be set at an earlier date . ### member states exercise a dominant influence over listed companies which are public undertakings within the meaning of article 2 of commission directive 2006 / 111 / ec of 16 november 2006 on the transparency of financial relations between member states and public undertakings , as well as on financial transparency within certain undertakings . 32 due to that dominant influence , they have the instruments at their disposal to bring about the necessary change more rapidly .


### member states shall ensure that listed companies in whose boards members of the under - represented sex hold less than 40 per cent of the non - executive director positions make the appointments to those positions on the basis of a comparative analysis of the qualifications of each candidate , by applying pre - established , clear , neutrally formulated and unambiguous criteria , in order to attain the said percentage at the latest by 1 january 2020 or at the latest by 1 january 2018 in case of listed companies which are public undertakings . ### member states shall establish binding measures that ensure that the listed companies set a target figure for the proportion of the under - represented gender in boards . the individual company shall thus specifically set a target which is realistic and ambitious for the company itself . the listed companies are also required to have a policy for increasing the proportion of the under - represented gender at the management levels of the companies in general . this means that the individual company must establish the optimum recruitment basis in the light of its specific needs and ideas . listed companies must report on the status of fulfilment of the target set out in the annual report , including , if so , why the companies failed to achieve the target set . moreover , companies must present the policy in the annual report , how the policy is implemented and what has been achieved . if the companies fail to do so , they may be fined . these requirements do not apply to representatives of the employees


### member states shall ensure that listed companies undertake individual commitments regarding gender - balanced representation of both sexes among executive directors to be achieved at the latest by 1 january 2020 , or , in case of listed companies which are public undertakings , by 1 january 2018 . ### member states shall require listed companies to provide information on the following in their annual report : the percentage of the underrepresented gender among executive and non - executive directors , b ) the percentage of the underrepresented gender at all levels of management , c ) the underrepresented gender as a percentage of the total number of employees , d ) whether the target figures set the previous year , in accordance with article 4 , have been achieved , e ) the gender policy drawn up as referred to in article 4 , f ) the specific measures , adopted in line with the gender policy drawn up in accordance with article 4 , aimed at achieving the targets set out for executive and non - executive directors and other management levels within the company , g ) the specific measures intended to be adopted for the following year in line with the gender policy drawn up in accordance with article 4 and aimed at achieving the targets set out for executive and non - executive directors and other management levels within the company , h ) the status of the company ' s gender balance and the outlook for the attainment of the long - term goal of gender parity among executive and non - executive directors .


### despite the existing union legislation aimed at preventing and combating sex discrimination , the council recommendations aimed specifically at increasing the presence of women in economic decision - making and union - level actions encouraging self - regulation , women continue to be strongly outnumbered by men in the highest decision - making bodies of companies throughout the union . in the private sector and especially in listed companies this gender imbalance is particularly significant and acute . the commission ' s key indicator of gender representation on corporate boards shows that the proportion of women involved in top - level business decision - making remains very low . in january 2012 , women occupied on average just 13 . 7 per cent of board seats in the largest publicly listed companies in member states . among non - executive directors only 15 per cent were women . ### despite the existing union legislation aimed at preventing and combating sex discrimination , the council recommendations aimed specifically at increasing the presence of women in economic decision - making and union - level actions encouraging self - regulation , women continue to be strongly outnumbered by men in the highest decision - making bodies of companies throughout the union . in the private sector this gender imbalance is particularly significant and acute , although certain eu institutions and agencies , such as the european central bank , also display a deeply problematic gender imbalance . the commission ' s key indicator of gender representation on corporate boards shows that the proportion of women involved in top - level business decision - making remains very low . in january 2012 , women occupied on average just 13 . 7 per cent of board seats in the largest publicly listed companies in member states . among non - executive directors only 15 per cent were women .


### member states in question shall ensure that listed companies , which by applying the national measures referred to in article 8 have not appointed or elected members of the under - represented sex for at least 40 per cent of the non - executive director positions of their boards by 1 january 2018 , where they are public undertakings , or by 1 january 2020 , where they are not public undertakings , apply the procedural requirements relating to appointments contained in article 4 , , and with effect respectively from those dates . ### member states in question shall ensure that listed companies , which by applying the national measures referred to in article 8 have not appointed or elected members of the under - represented sex for at least 40 per cent of the non - executive director positions of their boards by 1 january 2020 apply the procedural requirements contained in article 4 , and article 5 with effect from that date .


### member states shall require listed companies to provide information to the competent national authorities , once a year as from [ two years after adoption ] , about the gender representation on their boards , distinguishing between non - executive and executive directors and about the measures taken in view of the objectives laid down in article 4 and in paragraph 1 of this article , and to publish that information in an appropriate and accessible manner on their website . ### member states shall require listed companies to report on their gender balance statistics and on measures taken in accordance with article 5 to the competent national authorities , once a year as from [ two years after adoption ] , and to publish that information in an appropriate and accessible manner on their website .


### while this directive does not aim to harmonise national laws on the selection procedures and qualification criteria for board positions in detail , the introduction of certain minimum standards as regards the requirement for listed companies without balanced gender representation to take appointment decisions for non - executive directors on the basis of an objective comparative assessment of the qualifications of candidates in terms of suitability , competence and professional performance is necessary in order to attain gender balance among non - executives directors . only an eu - level measure can effectively help to ensure a competitive level - playing field throughout the union and avoid practical complications in business life . ### the introduction of requirements for companies to set individual targets and to develop gender policies in order to improve the gender balance among executive and non - executive directors and at all levels of management is necessary to ensure that companies take action on this important matter . the target figures should be ambitious and realistic for the individual company whilst taking into account company - specific and branch - specific characteristics .


### without prejudice to article 4 and , member states which before the entry into force of this directive have already taken measures to ensure a more balanced representation of women and men among the non - executive directors of listed companies may suspend the application of the procedural requirements relating to appointments contained in article 4 , , and , provided that it can be shown that those measures enable members of the under - represented sex to hold at least 40 per cent of the non - executive director positions of listed companies by at the latest 1 january 2020 , or at the latest 1 january 2018 for listed companies which are public undertakings . ### member states which before the entry into force of this directive have already taken measures to ensure a more balanced representation may suspend the application of this directive provided that those measures are binding , and that the listed companies are obliged to report to the member state on the status of fulfilment of the target on a regular basis .


### the sanctions must be effective , proportionate and dissuasive and may include the following measures : ### sanctions shall be imposed on companies for infringing the procedure of setting target figures , of drawing up a gender policy and of disclosing the relevant information in accordance with articles 4 and 5 of this directive . the sanctions must be effective , proportionate and dissuasive and may include the following :


### member states in question shall ensure that listed companies , which by applying the national measures referred to in article 8 have not appointed or elected members of the under - represented sex for at least 40 per cent of the non - executive director positions of their boards by 1 january 2018 , where they are public undertakings , or by 1 january 2020 , where they are not public undertakings , apply the procedural requirements relating to appointments contained in article 4 , , and with effect respectively from those dates . ### member states in question shall ensure that listed companies , which by applying the national measures referred to in article 8 have not appointed or elected members of the under - represented sex for at least 40 per cent of the non - executive director positions of their boards by 1 january 2020 apply the procedural requirements contained in article 4 and article 5 with effect from that date .


### in order to attain the objective laid down in paragraph 1 , member states shall ensure that , in the selection of non - executive directors , priority shall be given to the candidate of the under - represented sex if that candidate is equally qualified as a candidate of the other sex in terms of suitability , competence and professional performance , unless an objective assessment taking account of all criteria specific to the individual candidates tilts the balance in favour of the candidate of the other sex . ### in order for listed companies to improve their gender balance , priority may be given to the candidate of the under - represented sex if that candidate is equally qualified as a candidate of the other sex in terms of suitability , competence and professional performance , unless an objective assessment taking account of all criteria specific to the individual candidates tilts the balance in favour of the candidate of the other sex .


### member states having suspended pursuant to article 8 the application of the procedural requirements relating to appointments contained in article 4 , , and shall include information in the reports mentioned in paragraph 1 demonstrating the concrete results obtained by the national measures referred to in article 8 . the commission shall then issue a specific report ascertaining whether those measures effectively enable members of the under - represented sex to hold at least 40 per cent of the non - executive director positions by 1 january 2018 for listed companies which are public undertakings , and by 1 january 2020 for listed companies which are not public undertakings . the first such report shall be issued by the commission by 1 july 2017 , and subsequent reports shall be issued within six months after notification of the respective national reports under paragraph 1 . ### member states having suspended pursuant to article 8 the application of the procedural requirements contained in article 4 and and article 5 shall include information in the reports mentioned in paragraph 1 demonstrating the concrete results obtained by the national measures referred to in article 8 . the commission shall then issue a specific report ascertaining whether those measures effectively enable members of the under - represented sex to hold at least 40 per cent of the non - executive director positions of listed companies by 1 january 2020 . the first such report shall be issued by the commission by 1 july 2017 , and subsequent reports shall be issued within six months after notification of the respective national reports under paragraph 1 .


### in line with that case - law , member states should ensure that the selection of the best qualified candidates for non - executive directors is based on a comparative analysis of the qualifications of each candidate on the basis of pre - established , clear , neutrally formulated and unambiguous criteria . examples of types of selection criteria that companies could apply include professional experience in managerial and / or supervisory tasks , knowledge in specific relevant areas such as finance , controlling or human resources management , leadership and communication skills and networking abilities . priority should be given to the candidate of the under - represented sex if that candidate is equally qualified as the candidate of the other sex in terms of suitability , competence and professional performance , and if an objective assessment taking account of all criteria specific to the individual candidates does not tilt the balance in favour of a candidate of the other sex . ### in line with that case - law , listed companies should be encouraged to base the selection of the best qualified candidates for non - executive directors on a comparative analysis of the qualifications of each candidate on the basis of pre - established , clear , neutrally formulated and unambiguous criteria . examples of types of selection criteria that companies could apply include professional experience in managerial and / or supervisory tasks , knowledge in specific relevant areas such as finance , controlling or human resources management , leadership and communication skills and networking abilities . priority may be given to the candidate of the under - represented sex if that candidate is equally qualified as the candidate of the other sex in terms of suitability , competence and professional performance , and if an objective assessment taking account of all criteria specific to the individual candidates does not tilt the balance in favour of a candidate of the other sex .


### member states shall ensure that listed companies are obliged to disclose , on the request of an unsuccessful candidate , the qualification criteria upon which the selection was based , the objective comparative assessment of those criteria and , where relevant , the considerations tilting the balance in favour of a candidate of the other sex . ### member states shall ensure that listed companies are obliged to disclose , on the request of an unsuccessful candidate , the qualification criteria upon which the selection was based .


### member states shall ensure that listed companies in whose boards members of the under - represented sex hold less than 40 per cent of the non - executive director positions make the appointments to those positions on the basis of a comparative analysis of the qualifications of each candidate , by applying pre - established , clear , neutrally formulated and unambiguous criteria , in order to attain the said percentage at the latest by 1 january 2020 or at the latest by 1 january 2018 in case of listed companies which are public undertakings . ### member states shall ensure that listed companies : set a target figure for the proportion of the underrepresented gender among both executive and non - executive directors , and b ) set a target figure for the proportion of the underrepresented gender at other management levels within the company , and c ) develop a gender policy to increase the proportion of the underrepresented gender at the management levels of the company .


### member states may provide that the objective laid down in paragraph 1 is met where listed companies can show that members of the under - represented sex hold at least one third of all director positions , irrespective of whether they are executive or non - executive . ### member states shall ensure that companies having reached gender parity , defined as a 40 per cent representation of the underrepresented gender among executive and non - executive directors , shall not be obliged to draw up a gender balance policy in accordance with article 4 but shall simply state their key target figures in their annual report and on their website .


### the current lack of transparency of the selection procedures and qualification criteria for board positions in most member states represents a significant barrier to more gender diversity among board members and negatively affects both the board candidates ' careers and freedom of movement , as well as investor decisions . such lack of transparency prevents potential candidates for board positions from applying to boards where their qualifications would be most required and from challenging gender - biased appointment decisions , thus restricting their freedom of movement within the internal market . on the other hand , investors have different investment strategies that require information linked also to the expertise and competence of the board members . more transparency in the qualification criteria and the selection procedure for board members enables investors to better assess the company ' s business strategy and to take informed decisions . ### the current lack of transparency of the selection procedures and qualification criteria for board positions in most member states represents a significant barrier to more gender diversity among board members and negatively affects both the board candidates ' careers and investor decisions . such lack of transparency prevents potential candidates for board positions from applying to boards where their qualifications would be most required and from challenging gender - biased appointment decisions . on the other hand , investors have different investment strategies that require information linked also to the expertise and competence of the board members . more transparency in the qualification criteria and the selection procedure for board members enables investors to better assess the company ' s business strategy and to take informed decisions .


### this directive aims to improve the gender balance among directors of companies listed on stock exchanges and thus to contribute to the realisation of the principle of equal treatment between men and women , recognised as a fundamental right of the union . listed companies should therefore be required to disclose , upon the request of an unsuccessful candidate , not only the qualification criteria upon which the selection was based , but also the objective comparative assessment of those criteria and , where relevant , the considerations tilting the balance in favour of a candidate who is not of the under - represented sex . these limitations to the right to respect for private life with regard to the processing of personal data , recognised by the articles 7 and 8 of the charter , and the obligation for listed companies to supply that information , upon request , to the unsuccessful candidate , are necessary and , in conformity with the principle of proportionality , genuinely meet recognised objectives of general interest . they are therefore in line with the requirements for such limitations laid down in article 52 of the charter and with the relevant case - law of the court of justice . ### this directive aims to improve the gender balance among directors of listed on stock exchanges and thus to contribute to the realisation of the principle of equal treatment between men and women , recognised as a fundamental right of the union . listed companies should therefore be required to disclose , upon the request of an unsuccessful candidate , the qualification criteria upon which the selection was based .


### the europe 2020 strategy for smart , sustainable and inclusive growth29 ascertained that increased female labour force participation is a precondition for boosting growth and for tackling demographic challenges in europe . the strategy set a headline target of reaching an employment rate of 75 per cent for women and men aged 20 - 64 by 2020 , which can only be reached if there is a clear commitment to gender equality and a reinforced effort to tackle all barriers to women ' s participation in the labour market . the current economic crisis has magnified europe ' s ever - growing need to rely on knowledge , competence and innovation and to make full use of the pool of available talent . enhancing female participation in economic decision - making , on company boards in particular , is expected to have a positive spill - over effect on female employment in the companies concerned and throughout the whole economy . ### the europe 2020 strategy for smart , sustainable and inclusive growth29 ascertained that increased female labour force participation is a precondition for boosting growth and for tackling demographic challenges in europe . the strategy set a headline target of reaching an employment rate of 75 per cent for women and men aged 20 - 64 by 2020 , which can only be reached if there is a clear commitment to gender equality and a reinforced effort to tackle all barriers to women ' s participation in the labour market . the current economic crisis has magnified europe ' s ever - growing need to rely on knowledge , competence and innovation and to make full use of the pool of available talent . enhancing female participation in economic decision - making , on company boards and at senior management level in particular , is expected to have a positive spill - over effect on female employment in the companies concerned and throughout the whole economy .


### member states shall ensure that listed companies in whose boards members of the under - represented sex hold less than 40 per cent of the non - executive director positions make the appointments to those positions on the basis of a comparative analysis of the qualifications of each candidate , by applying pre - established , clear , neutrally formulated and unambiguous criteria , in order to attain the said percentage at the latest by 1 january 2020 or at the latest by 1 january 2018 in case of listed companies which are public undertakings . ### member states shall establish binding measures that ensure that the listed companies set a target figure for the proportion of the under - represented gender in boards . the individual company shall thus specifically set a target which is realistic and ambitious for the company itself . the listed companies are also required to have a policy for increasing the proportion of the under - represented gender at the management levels of the companies in general . this means that the individual company must establish the optimum recruitment basis in the light of its specific needs and ideas . listed companies must report on the status of fulfilment of the target set out in the annual report , including , if so , why the companies failed to achieve the target set . moreover , companies must present the policy in the annual report , how the policy is implemented and what has been achieved . if the companies fail to do so , they may be fined . these requirements do not apply to representatives of the employees


### the conduct described in paragraph 1 shall not be included in the scope of this framework decision when it is committed by its perpetrators exclusively for their own personal consumption as defined by national law . ### in article 2 , paragraph 2 is replaced by the following : ' 2 . the conducts described in paragraph 1 shall not be included in the scope of this framework decision when committed for personal use as defined by national law . '


### the conduct described in paragraph 1 shall not be included in the scope of this framework decision when it is committed by its perpetrators exclusively for their own personal consumption as defined by national law . ### in article 2 , paragraph 2 is replaced by the following : ' 2 . the conduct described in paragraph 1 shall not be included in the scope of this framework decision when they are enacted without economic gain , or in the view of personal consumption , or for medical reasons , as defined by national law . '


### in order to swiftly address the emergence and spread of harmful new psychoactive substances in the union , member states should apply the provisions of the framework decision 2004 / 757 / jha to new psychoactive substances posing severe health , social and safety risks within twelve months from their submission to permanent market restriction under [ regulation no … / … on new psychoactive substances ] . ### in order to swiftly address the emergence and spread of harmful new psychoactive substances in the union , member states should apply the provisions of the framework decision 2004 / 757 / jha to new psychoactive substances posing severe health , social and safety risks as quickly as possible and in any event no later than twelve months from their submission to permanent market restriction under [ regulation no … / … on new psychoactive substances ] .


### the president of the economic and financial committee . ### three of the six independent persons referred to in article 6 .


### the chairperson of the european banking authority ; ### the chairperson of the european supervisory authority ;


### if the term of office of the members of the general council of the ecb elected as chair or vice - chair ends before the completion of the 5 year term or if for any reason the chair or vice chair are unable to discharge their duties , a new chair or vice chair shall be elected in accordance with paragraph 1 . ### if for any reason the vice - chairs are unable to discharge their duties , new vice - chairs shall be elected in accordance with paragraphs 1a and 1b and 1c .


### before requesting information in accordance with paragraphs 3 and 4 , the esrb shall duly consult the relevant european supervisory authority in order to ensure that the request is proportionate . ### the esrb may request information from an undertaking which engages in financial investment or trading activities on its own account but is not covered by regulation no xx / 2010 [ ] , regulation no xx / 2009 [ esma ] or regulation no xx / 2009 [ eiopa ] . the esrb shall inform the commission and consult the department of the central government administration responsible for legislation on supervision of financial institutions of the relevant member state in order to ensure that the request is proportionate .


### the chair and vice - chair of the esrb shall be elected for a term of 5 years by and from the members of the general board who are also members of the general council of the ecb . they may be re - elected . ### the chair of the esrb shall be the president of the ecb . his or her term of office shall be the same as his or her term of office as president of the ecb .


### issue warnings where risks are deemed to be significant ; ### issue warnings where risks are deemed to be significant , and make them public where appropriate ;


### the chairperson of the european insurance and occupational pensions authority ; ### the chairperson of the european supervisory authority ;


### the steering committee shall assist in the decision - making process of the esrb by supporting the preparation of the meetings of the general board , reviewing the documents to be discussed and monitoring the progress of the esrb ' s ongoing work . ### the steering committee shall assist in the decision - making process of the esrb by preparing the meetings of the general board , reviewing the documents to be discussed , monitoring the progress of the esrb ' s ongoing work and maintaining a strong link with all the parties to the esfs .


### the esrb may address a reasoned request to the european supervisory authorities to provide data that are not in summary or collective form . ### pursuant to a reasoned request by the esrb , the european supervisory authorities shall provide data that are not in summary or collective form .


### the vice - chair of the esrb ; ### the first vice - chair of the esrb ;


### the warnings or recommendations shall also be transmitted to the council and , where addressed to one or more national supervisory authority , to the european supervisory authorities . ### the warnings or recommendations shall also be transmitted to the european parliament , the council and , where addressed to one or more national supervisory authority , to the european supervisory authorities .


### the council shall examine this regulation on the basis of a report from the commission three years after its entry into force and shall determine whether the missions and organisation of the esrb need to be reviewed after having received an opinion from the ecb . ### the european parliament and the council shall examine this regulation on the basis of a report from the commission three years after its entry into force and shall determine whether the missions and organisation of the esrb need to be reviewed after having received an opinion from the ecb . the report should assess , in particular , whether : - the architecture of the esfs needs to be simplified and reinforced , in order to increase the coherence between the macro and the micro levels as well as between the esas ; - the regulatory powers of the esas need to be increased ; - the evolution of the esfs is consistent with that of the global evolution ; - there is sufficient diversity and excellence within the esfs ;


### the esrb may request information from the european supervisory authorities in summary or collective form , such that individual financial institutions cannot be identified . if the requested data are not available to those authorities or are not made available in a timely manner , the esrb may request the data from national supervisory authorities , national central banks or other authorities of member states . ### on request by the esrb , the european supervisory authorities shall provide information in summary or collective form , such that individual financial institutions cannot be identified . if the requested data are not available to those authorities or are not made available in a timely manner , and in any event within 60 days of the request , national supervisory authorities , national central banks or other authorities of member states shall provide the data pursuant to a request by the esrb .


### the esrb shall have a general board , a steering committee and a secretariat . ### the esrb shall have a general board , a steering committee , a secretariat and an advisory scientific committee .


### where the general board of the esrb decides not to make a warning or a recommendation public , the addressee and where appropriate , the council and the european supervisory authorities , shall take all the measures necessary for the protection of their confidential nature . the president of the council may decide not to circulate a warning or recommendation to the other members of the council . ### where the general board of the esrb decides not to make a warning or a recommendation public , the addressee and , where appropriate , the european parliament , the council , and the european supervisory authorities as well as the national supervisory authorities shall take all the measures necessary for the protection of its confidential nature . the president of the council may decide not to circulate a warning or recommendation to the other members of the council .


### the chairperson of the european securities and markets authority ; ### the chairperson of the european supervisory authority ;


### the esrb should also monitor compliance with its recommendations , based on reports from addressees , in order to ensure that its warnings and recommendations are effectively followed . addressees of recommendations should act on them unless inaction can be adequately justified . ### the esrb should also monitor compliance with its recommendations , based on reports from addressees , in order to ensure that its warnings and recommendations are effectively followed . addressees of recommendations should act on them unless inaction can be adequately justified , in particular towards the european parliament .


### the following persons shall be members of the general board without voting rights : one high level representative per member state of the competent national supervisory authorities ; the president of the economic and financial committee . ### one high level representative per member state of the national supervisory authority designated by the member state to engage in all items on the agenda shall be members of the general board without voting rights .


### the esrb shall also examine specific issues at the invitation of the council or the commission . ### the esrb shall also examine specific issues at the invitation of the european parliament , the council or the commission .


### the esrb may request information from the european supervisory authorities in summary or collective form , such that individual financial institutions cannot be identified . if the requested data are not available to those authorities or are not made available in a timely manner , the esrb may request the data from national supervisory authorities , national central banks or other authorities of member states . ### on the request of the esrb , the european supervisory authorities shall provide information in summary or collective form . if the requested data are not available to those authorities or are not made available in a timely manner , national supervisory authorities , national central banks or other authorities of member states shall provide the appropriate data pursuant to a request by the esrb .


### if the term of office of the members of the general council of the ecb elected as chair or vice - chair ends before the completion of the 5 year term or if for any reason the chair or vice chair are unable to discharge their duties , a new chair or vice chair shall be elected in accordance with paragraph 1 . ### if for any reason the vice - chairs are unable to discharge their duties , new vice - chairs shall be elected in accordance with paragraphs 1a and 1b and 1c .


### where the general board of the esrb decides not to make a warning or a recommendation public , the addressee and where appropriate , the council and the european supervisory authorities , shall take all the measures necessary for the protection of their confidential nature . the president of the council may decide not to circulate a warning or recommendation to the other members of the council . ### where the general board of the esrb decides not to make a warning or a recommendation public , the addressee and where appropriate , the european parliament , the council , and the european supervisory authorities , shall take all the measures necessary for the protection of their confidential nature . the president of the council may decide not to circulate a warning or recommendation to the other members of the council .


### in order to increase their weight and legitimacy , such warnings and recommendations should be transmitted through the council and , where appropriate , the european banking authority established by regulation no … / … the european parliament and of the council , the european securities and markets authority established by regulation no … / … of the european parliament and of the council , and the european insurance or the occupational pension authority established by regulation no … / …of the european parliament and of the council . ### in order to increase their weight and legitimacy , such warnings and recommendations should be transmitted through the european parliament , the council and , where appropriate , the european supervisory authority .


### the advisory technical committee shall be composed of the following : ### the advisory scientific committee shall be composed of the following :


### a representative of each national central bank and a representative of the ecb ; ### nine experts with acknowledged competence and guaranteed independence proposed by the steering committee , who must represent a wide range of experiences and skills and who must be approved by the general board for a two - year , renewable mandate .


### where a recommendation referred to in letter of article 3 is addressed to one or more member states , one or more european supervisory authorities , or one or more national supervisory authorities , the addressees shall communicate the actions undertaken in response to the recommendations to the esrb or explain why they have not acted . the council and , where relevant , the european supervisory authorities shall be informed . ### where a recommendation referred to in point of article 3 is addressed to one or more member states , one or more european supervisory authorities , or one or more national supervisory authorities , the addressees shall communicate the actions undertaken in response to the recommendations to the esrb or explain why they have not acted . the european parliament , the council and , where relevant , the european supervisory authorities shall be informed .


### each member of the general board with a voting right shall have one vote . ### the general board shall strive for consensus . where consensus cannot be achieved each member of the general board with a voting right shall have one vote . any member of the board may , at any time , request a vote on a draft warning or a draft recommendation .


### each member of the general board with a voting right shall have one vote . ### the general board shall strive for consensus . in those exceptional circumstances where consensus cannot be achieved each member of the general board with a voting right shall have one vote . any member of the board with voting rights may request a vote on a draft warning or a draft recommendation at any time .


### in performing its tasks , the esrb shall seek , where appropriate , the advice of relevant private sector stakeholders . ### in performing its tasks , the esrb shall seek , where appropriate , the advice of relevant private or public sector stakeholders , particularly but not exclusively , the stakeholder groups of the esas .


### the chair and vice - chair of the esrb shall be elected for a term of 5 years by and from the members of the general board who are also members of the general council of the ecb . they may be re - elected . ### the chair of the esrb shall be the president of the ecb . his or her term of office shall be the same as his or her term of office as president of the ecb .


### the esrb shall have a general board , a steering committee and a secretariat . ### the esrb shall have a general board , a steering committee , a secretariat and an advisory scientific committee .


### the esrb may request information from the european supervisory authorities in summary or collective form , such that individual financial institutions cannot be identified . if the requested data are not available to those authorities or are not made available in a timely manner , the esrb may request the data from national supervisory authorities , national central banks or other authorities of member states . ### on request by the esrb , the european supervisory authorities shall provide information in summary or collective form , such that individual financial institutions cannot be identified . if the requested data are not available to those authorities or are not made available in a timely manner , national supervisory authorities , national central banks or other authorities of member states shall provide the data pursuant to a request by the esrb .


### the present community arrangements place too little emphasis on macro - prudential oversight . responsibility for macro - prudential analysis remains fragmented , and is conducted by various authorities at different levels with no mechanism to ensure that macro - prudential risks are adequately identified and that warnings and recommendations are issued clearly , followed up and translated into action . ### a proper functioning of union and global financial systems and the mitigation of threats thereto require enhanced consistency between macro and the micro supervision . as stated in the turner review , “a regulatory response to the global banking crisis” , of march 2009 , ' sounder arrangements require either increased national powers , implying a less open single market , or a greater degree of european integration ' . given the role of a sound financial system in terms of its contribution to competitiveness and growth in the union and its impact on the real economy , the de larosière group , followed by the eu institutions , have opted for a greater degree of european integration .


### the esrb may request information from the european supervisory authorities in summary or collective form , such that individual financial institutions cannot be identified . if the requested data are not available to those authorities or are not made available in a timely manner , the esrb may request the data from national supervisory authorities , national central banks or other authorities of member states . ### on request by the esrb , the european supervisory authorities shall provide information in summary or collective form , such that individual financial institutions cannot be identified . if the requested data are not available to those authorities or are not made available in a timely manner , and in any event within 60 days of the request , national supervisory authorities , national central banks or other authorities of member states shall provide the data pursuant to a request by the esrb .


### ' financial institution ' means any undertaking whose main business is to take deposits , grant credits , provide insurance services or other financial services to its clients or members or engage in financial investment or trading activities on its own account . ### ' financial institution ' means any undertaking whose main business is to take deposits , grant credits , provide insurance services or other financial services to its clients or members or engage in financial investment or trading activities on its own account , and any other undertaking or entity established in the european union , whose business is of a similar nature , even if they have no direct dealings with the public at large ;


### the esrb shall report at least annually to the european parliament and to the council . ### the esrb shall report at least biannually to the european parliament and to the council .


### advisory technical committee ### advisory scientific committee


### consent should not provide a valid legal ground for the processing of personal data , where there is a clear imbalance between the data subject and the controller . this is especially the case where the data subject is in a situation of dependence from the controller , among others , where personal data are processed by the employer of employees ' personal data in the employment context . where the controller is a public authority , there would be an imbalance only in the specific data processing operations where the public authority can impose an obligation by virtue of its relevant public powers and the consent cannot be deemed as freely given , taking into account the interest of the data subject . ### consent should not provide a valid legal ground for the processing of personal data , where there is a clear imbalance between the data subject and the controller . where the controller is a public authority , there would be an imbalance only in the specific data processing operations where the public authority can impose an obligation by virtue of its relevant public powers and the consent cannot be deemed as freely given , taking into account the interest of the data subject . however , imbalance between the controller and the data subject is not a problem where union or member state law has made the data subject ' s consent a specific condition for a specific type of processing of the personal data or set of processing operations .


### in the case of a personal data breach , the controller shall without undue delay and , where feasible , not later than 24 hours after having become aware of it , notify the personal data breach to the supervisory authority . the notification to the supervisory authority shall be accompanied by a reasoned justification in cases where it is not made within 24 hours . ### in the case of a personal data breach which will have significant risk of harm to citizens , the controller shall without undue delay , notify the personal data breach to the supervisory authority . the notification to the supervisory authority shall be accompanied by a reasoned justification in cases where it is not made within 24 hours .


### processing is necessary for compliance with a legal obligation to which the controller is subject ; ### processing is necessary for compliance with or to avoid breach of an eu or national legal obligation or legal right to which a controller is subject including the performance of a task carried out for assessing creditworthiness or for fraud prevention and detection purposes .


### consent should be given explicitly by any appropriate method enabling a freely given specific and informed indication of the data subject ' s wishes , either by a statement or by a clear affirmative action by the data subject , ensuring that individuals are aware that they give their consent to the processing of personal data , including by ticking a box when visiting an internet website or by any other statement or conduct which clearly indicates in this context the data subject ' s acceptance of the proposed processing of their personal data . silence or inactivity should therefore not constitute consent . consent should cover all processing activities carried out for the same purpose or purposes . if the data subject ' s consent is to be given following an electronic request , the request must be clear , concise and not unnecessarily disruptive to the use of the service for which it is provided . ### consent should be given by any appropriate method enabling a freely given specific and informed indication of the data subject ' s wishes , either by a statement or by a clear affirmative action by the data subject , ensuring that individuals are aware that they give their consent to the processing of personal data , including by ticking a box when visiting an internet website or by any other statement or conduct which clearly indicates in this context the data subject ' s acceptance of the proposed processing of their personal data . silence or inactivity should therefore not constitute consent . consent should cover all processing activities carried out for the same purpose or purposes . if the data subject ' s consent is to be given following an electronic request , the request must be clear , concise and not unnecessarily disruptive to the use of the service for which it is provided .


### ‘ personal data breach’ means a breach of security leading to the accidental or unlawful destruction , loss , alteration , unauthorised disclosure of , or access to , personal data transmitted , stored or otherwise processed ; ### ‘ personal data breach’ means a breach of security leading to the accidental or unlawful destruction , loss , alteration , unauthorised disclosure of , or access to , personal data transmitted , stored or otherwise processed ; strongly encrypted data , where there is evidence that the encryption key has not been compromised fall outside this legislation


### the controller or the processor shall designate a data protection officer for a period of at least two years . the data protection officer may be reappointed for further terms . during their term of office , the data protection officer may only be dismissed , if the data protection officer no longer fulfils the conditions required for the performance of their duties . ### the controller or the processor shall designate a data protection officer for a period of at least two years . the data protection officer may be reappointed for further terms .


### where the controller referred to in paragraph 1 has made the personal data public , it shall take all reasonable steps , including technical measures , in relation to data for the publication of which the controller is responsible , to inform third parties which are processing such data , that a data subject requests them to erase any links to , or copy or replication of that personal data . where the controller has authorised a third party publication of personal data , the controller shall be considered responsible for that publication . ### where the controller referred to in paragraph 1 has made the personal data public , it shall take all reasonable steps , including technical measures , in relation to data for the publication of which the controller is responsible , to inform those third parties which are processing such data contractually on behalf of the controller , that a data subject requests them to erase any links to , or copy or replication of that personal data . where the controller has authorised a third party publication of personal data , the controller shall be considered responsible for that publication . anonymised data , some pseudonymised data and publicly unavailable or unreadable data are excepted


### within the limits of this regulation , member states may adopt by law specific rules regulating the processing of employees ' personal data in the employment context , in particular for the purposes of the recruitment , the performance of the contract of employment , including discharge of obligations laid down by law or by collective agreements , management , planning and organisation of work , health and safety at work , and for the purposes of the exercise and enjoyment , on an individual or collective basis , of rights and benefits related to employment , and for the purpose of the termination of the employment relationship . ### within the limits of this regulation , member states may adopt by law or collective agreement among employers and employees specific rules regulating the processing of employees ' personal data in the employment context , in particular for the purposes of the recruitment , the performance of the contract of employment , including discharge of obligations laid down by law or by collective agreements , management , planning and organisation of work , health and safety at work , criminal conviction and for the purposes of the exercise and enjoyment , on an individual or collective basis , of rights and benefits related to employment , and for the purpose of the termination of the employment relationship .


### to support the process of accession and association by third countries , the programme should be open for the participation of acceding and candidate countries as well as potential candidates and partner countries of the european neighbourhood policy if certain conditions are fulfilled . considering the increasing interconnectivity of the world economy , the programme continues to provide the possibility to involve external experts , such as officials of third countries , representatives of international organisations or economic operators in certain activities . the setting up of eeas under the authority of the high representative vice - president may facilitate policy coordination and coherence in an area which is a relevant component of eu external strategies and actions , both on bilateral and multilateral basis . ### to support the process of accession and association by third countries , the programme should be open for the participation of acceding and candidate countries as well as potential candidates and partner countries of the european neighbourhood policy if certain conditions are fulfilled . considering the increasing interconnectivity of the world economy , the programme continues to provide the possibility to involve external experts , such as officials of third countries , representatives of international organisations or economic operators in certain activities , such as collection of intelligence on fraud and irregularities . the setting up of eeas under the authority of the high representative vice - president may facilitate policy coordination and coherence in an area which is a relevant component of eu external strategies and actions , both on bilateral and multilateral basis .


### – it has not sustained any change in the technical characteristics of its main components such as engine , brakes , steering or suspension and ### – it has not sustained any substantial change in the technical characteristics of its main components such as engine , brakes , steering or suspension and bodywork .


### ‘ roadworthiness test’ means a verification that the parts and components of a vehicle comply with its safety and environmental characteristics in force at the time of approval , first registration or entry into service , as well as at the time of retrofitting ; ### ' roadworthiness test’ means a verification that a vehicle displays the required functionality for use on public roads in terms of its safety and environmental characteristics ;


### – vehicles of category m1 , n1 and o2 : four years after the date on which the vehicle was first registered , then two years and thereafter annually ; ### – vehicles of category m1 , n1 and o2 : four years after the date on which the vehicle was first registered , and thereafter every two years ;


### vehicle manufacturers shall provide the testing centres or , when relevant , the competent authority , with access to the technical information necessary for roadworthiness testing , as set out in annex i . the commission shall adopt detailed rules concerning the procedures on access to the technical information set out in annex i in accordance with the examination procedure referred to in article 16 . ### vehicle manufacturers shall provide the testing centres or , when relevant , the competent authority , with access to the technical information necessary for roadworthiness testing , with due regard for the provisions on access to information laid down in regulation no 715 / 2007 and regulation no 595 / 2009 . prior to the entry into force of this text , the commission shall adopt , by means of implementing acts , the technical information necessary for roadworthiness testing , in accordance with annex ii , point 3 , as well as detailed rules concerning the procedures on access to the relevant technical information , in accordance with the examination procedure referred to in article 16 .


### roadworthiness testing is part of a wider regulatory scheme , governing vehicles throughout their lifetime from approval via registrations , inspections until scrapping . the development and interconnection of national and manufacturers ' electronic vehicle databases should in principle contribute to improve the efficiency of the whole vehicle administrative chain and reduce costs and administrative burdens . the commission should therefore carry out a study on the feasibility , costs and benefits of setting - up a european electronic vehicle information platform for this purpose . ### roadworthiness testing is part of a wider regulatory scheme , governing vehicles throughout their lifetime from approval via registrations , inspections until scrapping . the development and interconnection of national and manufacturers’ electronic vehicle databases would contribute to improve the efficiency of the whole vehicle administrative chain and reduce costs and administrative burdens .


### the commission shall examine the feasibility , costs and benefits of the establishment of an electronic vehicle information platform with a view to exchange information on data related to roadworthiness testing between the competent authorities of member states responsible for testing , registration and vehicle approval , the testing centres and the vehicle manufacturers . ### the commission shall examine the feasibility , costs and benefits of the establishment of an electronic vehicle information platform with a view to exchange information on data related to roadworthiness testing and odometer readings between the competent authorities of member states responsible for testing , registration and vehicle approval , the testing centres and the vehicle manufacturers , through implemented it solutions . .


### frequency of tests should be adapted according to the type of vehicle and to their mileage . vehicles are more likely to present technical deficiencies when they reach a certain age and , in particular when intensively used , after a certain mileage . it is therefore appropriate to increase the test frequency for older vehicles and for vehicles with high mileage . ### frequency of tests should be adapted according to the type of vehicle . vehicles are more likely to present technical deficiencies when they reach a certain age . it is therefore appropriate to test older vehicles at regular intervals .


### vehicles of historic interest are supposed to conserve heritage of the époque they have been built and considered to be hardly used on public roads , it should be left to member states to extend the period of periodic roadworthiness testing for such vehicles . it should also be for member states to regulate roadworthiness testing of other types of specialised vehicles . ### vehicles of historic interest conserve heritage of the époque in which they were built , are maintained in a historically correct condition and are rarely used as everyday vehicles . it should be left to member states to extend the period of periodic roadworthiness testing for such vehicles or to otherwise regulate their roadworthiness testing regime . it should also be for member states to regulate roadworthiness testing of other types of specialised vehicles .


### vehicle manufacturers shall provide the testing centres or , when relevant , the competent authority , with access to the technical information necessary for roadworthiness testing , as set out in annex i . the commission shall adopt detailed rules concerning the procedures on access to the technical information set out in annex i in accordance with the examination procedure referred to in article 16 . ### vehicle manufacturers shall provide , free of charge , the testing centres and test equipment manufacturers or , when relevant , the competent authority , with access to the technical information necessary for roadworthiness testing , as set out in annex i . for test equipment manufacturers , that information shall include the information required to allow the test equipment to conduct a pass or fail assessment of the functionality of vehicle electronic control systems . the commission shall adopt detailed rules concerning the procedures on access to the technical information set out in annex i in accordance with the examination procedure referred to in article 16 .


### frequency of tests should be adapted according to the type of vehicle and to their mileage . vehicles are more likely to present technical deficiencies when they reach a certain age and , in particular when intensively used , after a certain mileage . it is therefore appropriate to increase the test frequency for older vehicles and for vehicles with high mileage . ### frequency of tests should be adapted according to the type of vehicle . vehicles are more likely to present technical deficiencies when they reach a certain age .


### vehicle manufacturers shall provide the testing centres or , when relevant , the competent authority , with access to the technical information necessary for roadworthiness testing , as set out in annex i . the commission shall adopt detailed rules concerning the procedures on access to the technical information set out in annex i in accordance with the examination procedure referred to in article 16 . ### vehicle manufacturers shall provide the testing centres and test equipment manufacturers or , when relevant , the competent authority , a single set of technical information necessary for roadworthiness testing , as set out in annex i . the commission shall adopt detailed rules concerning the procedures on access to the technical information , set out in annex i , including examining the feasibility of a single point of access , and in accordance with the examination procedure referred to in article 16 .


### the commission shall examine the feasibility , costs and benefits of the establishment of an electronic vehicle information platform with a view to exchange information on data related to roadworthiness testing between the competent authorities of member states responsible for testing , registration and vehicle approval , the testing centres and the vehicle manufacturers . ### the commission shall examine what is the most efficient and effective way of establishing an electronic vehicle information platform by taking advantage of existing and already implemented it solutions with regard to international data exchange so as to minimize costs and to avoid duplications . the examination shall consider the most appropriate way to link the existing national systems with a view to exchange information on data related to roadworthiness testing and odometer readings between the competent authorities of member states responsible for testing , registration and vehicle approval , the testing centres , the test equipment manufacturers and the vehicle manufacturers . the aim of this shall be to provide all stakeholders with non - discriminatory access to vehicle information .


### – trailers and semi - trailers with a maximum permissible mass not exceeding 3 500 kg – vehicle categories o1 and o2 , ### – trailers and semi - trailers with a maximum permissible mass not exceeding 3 500 kg – vehicle category o2 ,


### ‘ roadworthiness test’ means a verification that the parts and components of a vehicle comply with its safety and environmental characteristics in force at the time of approval , first registration or entry into service , as well as at the time of retrofitting ; ### ‘ roadworthiness test’ means an inspection to ensure that a vehicle is safe to be used on public roads and complies with the relevant environmental requirements ;


### ‘ roadworthiness test’ means a verification that the parts and components of a vehicle comply with its safety and environmental characteristics in force at the time of approval , first registration or entry into service , as well as at the time of retrofitting ; ### ‘ roadworthiness test’ means an inspection to ensure that a vehicle is safe to be used on public roads and complies with required environmental characteristics ;


### in the case of dangerous deficiencies , the vehicle shall not be used on publicly accessible roads and its registration shall be withdrawn in accordance with article 3a of directive xxx of the european parliament and of the council amending council directive 1999 / 37 / ec on the registration documents for vehicles24 until the deficiencies are rectified and a new roadworthiness certificate is issued testifying that the vehicle is in a roadworthy condition . ### in the case of dangerous deficiencies , the member state or competent authority may decide that the vehicle shall not be used on publicly accessible roads and withdraw its licence without the need for fresh proceedings until the deficiencies are rectified and a new roadworthiness certificate is issued testifying that the vehicle is in a roadworthy condition .


### electronic vehicle information platform ### national electronic vehicle information networking


### a number of technical standards and requirements on vehicle safety have been adopted within the union . it is however necessary to ensure , through a regime of periodic roadworthiness tests , that after being placed on the market , vehicles continue to meet safety standards throughout their lifetime . this regime should apply to categories of vehicles as defined in directive 2002 / 24 / ec of the european parliament and of the council of 18 march 2002 relating to the type - approval of two or three - wheel motor vehicles and repealing council directive 92 / 61 / eec18 , directive 2007 / 46 / ec of the european parliament and of the council of 5 september 2007 establishing a framework for the approval for motor vehicles and their trailers , and of systems , components and separate technical units intended for such vehicles19 and directive 2003 / 37 / ec of the european parliament and of the council of 26 may 2003 on type - approval of agricultural or forestry tractors , their trailers and interchangeable towed machinery , together with their systems , components and separate technical units and repealing directive 74 / 150 / eec20 . ### a number of technical standards and requirements on vehicle safety have been adopted within the union . it is however necessary to ensure , through a regime of periodic roadworthiness tests , that after being placed on the market , vehicles continue to meet safety standards throughout their lifetime . member states might introduce national requirements concerning roadworthiness tests for categories of vehicles as defined in directive 2002 / 24 / ec of the european parliament and of the council of 18 march 2002 relating to the type - approval of two or three - wheel motor vehicles and repealing council directive 92 / 61 / eec18 ; this regime should apply to categories of vehicles as defined in directive 2007 / 46 / ec of the european parliament and of the council of 5 september 2007 establishing a framework for the approval for motor vehicles and their trailers , and of systems , components and separate technical units intended for such vehicles19 and directive 2003 / 37 / ec of the european parliament and of the council of 26 may 2003 on type - approval of agricultural or forestry tractors , their trailers and interchangeable towed machinery , together with their systems , components and separate technical units and repealing directive 74 / 150 / eec20 .


### roadworthiness tests shall be carried out only by the competent authority of a member state or by testing centres authorised by member states . ### roadworthiness tests shall be carried out only by the competent authority of a member state or by a public body entrusted with the task by the state or by bodies or establishments certified and supervised by the state , including authorised private bodies .


### – vehicles of category m1 registered as taxis or ambulances , vehicles of categories m2 , m3 , n2 , n3 , t5 , o3 and o4 : one year after the date on which the vehicle was first registered , and thereafter annually . ### – vehicles of category m1 registered as taxis or ambulances , vehicles of categories m2 , m3 , n2 , n3 , o3 and o4 : one year after the date on which the vehicle was first registered , and thereafter annually .


### in the situation of aircrew members performing air passenger or freight services the “registered office or place of business” as defined in title ii of the basic regulation shall deemed to be the “home base” , as defined in annex iii to council regulation no 3922 / 91 on the harmonisation of technical requirements and administrative procedures in the field of civil aviation . ' ### for the purposes of article 13 of the basic regulation , an employed aircrew member normally pursuing air passenger or freight services in two or more members states shall be subject to the legislation of the member state where the home base as defined in annex iii to council regulation no 3922 / 91 is located . '


### the diversity and evolution of the conditions under which professional activities are pursued make it necessary to take into account the situation of highly mobile workers . new labour supply structures have become evident amongst others in the air transport sector . linking the applicable legislation for aircrew members to the member state where the registered office or place of business of the undertaking or employer employing him / her is situated only is effective if there is a sufficiently close connection to the registered office or place of business . for aircrew members it is considered appropriate to refer to ‘ home base’ as specification of the notion of ‘ registered office or place of business’ for the application of regulation no 883 / 2004 . ### annex iii to council regulation 3922 / 91 on the harmonisation of technical requirements and administrative procedures for the field of civil aviation1 defines the concept ' home base ' for aircrew members under union law . in order to facilitate the application of title ii of the regulation no 883 / 2004 for this group of persons , it is justified to create a special rule by using this notion of ' home base ' as the criterion for determining the applicable legislation for aircrew members . on the other hand , the applicable legislation for aircrew members should remain stable and the ' home base ' principle should not result in frequent changes of applicable legislation due to the industry’s work patterns or seasonal demands . _________________ 1 oj l 373 , 31 . 12 . 1991 , p . 4 .