### where the breach of the permit conditions poses an immediate danger to human health or threatens to cause an immediate significant adverse effect upon the environment , and until compliance is restored in accordance with points and of the first subparagraph , the operation of the installation , combustion plant , waste incineration plant , waste co - incineration plant or relevant part thereof shall be suspended . ### where the breach of the permit conditions poses a significant danger to human health or the environment , and until compliance is restored in accordance with point and of the first subparagraph , the operation of the installation , combustion plant , waste incineration plant , waste co - incineration plant or relevant part thereof shall be suspended .


### the commission shall obtain the opinion of the forum on the proposed content of the bat reference documents and shall take into account this opinion for the procedures laid down in paragraph 5 . ### the commission shall obtain and make publicly available the opinion of the forum on the proposed content of the bat reference documents and shall take into account this opinion for the procedures laid down in paragraph 5 .


### after the adoption of a decision in accordance with paragraph 5 , the commission shall without delay make the bat reference document publicly available . ### after the adoption of a decision in accordance with paragraph 5 , the commission shall without delay make the bat reference document publicly available and ensure that the bat conclusions of the bat reference document are made available in the official languages of the member states . on request of a member state , the commission shall make available the entire bat reference document in the requested language . the updating of bat reference documents shall be finalised not later than 8 years after the publication of the previous version .


### measures relating to conditions other than normal operating conditions such as start - up , leaks , malfunctions , momentary stoppages and definitive cessation of operations ; ### measures relating to conditions other than normal operating conditions such as start - up and shut - down operations , leaks , malfunctions , momentary stoppages and definitive cessation of operations ;


### where an activity or a type of production process carried out within an installation is not covered by any of the bat conclusions or where those conclusions do not address all the potential environmental effects of the activity or process , the competent authority shall set the permit conditions on the basis of the best available techniques that it has determined for the activities or processes concerned , by giving special consideration to the criteria listed in annex iii . ### where an activity or a type of production process carried out within an installation is not covered by any of the bat conclusions or where those conclusions do not address all the potential environmental effects of the activity or process , the competent authority shall , in consultation with the operator , set the permit conditions on the basis of the best available techniques that it has determined for the activities or processes concerned , by giving special consideration to the criteria listed in annex iii .


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


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


### when adopting general binding rules as referred to in article 6 , member states shall ensure an integrated approach and a high level of environmental protection equivalent to that achievable with individual permit conditions . member states shall ensure that those general binding rules are updated in accordance with developments in best available techniques . ### when adopting general binding rules , member states shall ensure an integrated approach and a high level of environmental protection equivalent to that achievable with individual permit conditions .


### member states shall ensure that the competent authority follows or is informed of developments in best available techniques and of the publication of any new or updated bat conclusions . ### member states shall ensure that the competent authority follows or is informed of developments in best available techniques and of the publication of any new or updated bat conclusions , also informing the members of the public concerned .


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


### participation in the union eco - management and audit scheme . ### participation in the union eco management and audit scheme or in another equivalent standardised eco - management system .


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


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


### how the permit conditions , including the emission limit values have been determined in relation to the best available techniques and associated emission levels ; ### how the permit conditions referred to in article 14 have been determined in relation to the best available techniques and associated emission levels as described in the bat reference documents ;


### where article 15 is applied , the reasons for that application as referred to in the second subparagraph of article 15 . ### where a derogation is granted in accordance with article 15 , the specific reasons for that derogation based on the criteria laid down in that paragraph and the conditions imposed ;


### gas turbines used on offshore platforms ; ### gas turbines and gas engines used on offshore platforms ;


### as soon as appropriate measurement techniques are available within the union , the date from which continuous measurements of emissions into the air of heavy metals and dioxins and furans are to be carried out shall be set in accordance with the regulatory procedure referred to in article 75 . ### as soon as appropriate measurement techniques are available within the union , the commission shall , by means of delegated acts in accordance with article 76 , set the date from which continuous measurements of emissions into the air of heavy metals and dioxins and furans are to be carried out .


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


### the type , format and frequency of information to be made available pursuant to paragraph 1 shall be established in accordance with the regulatory procedure referred to in article 75 . this shall include the determination of the specific activities and pollutants for which data referred to in paragraph 1 shall be made available . ### the commission shall adopt , by means of delegated acts in accordance with article 76 , requirements for the type , format and frequency of information to be made available pursuant to paragraph 1 . this shall include the determination of the specific activities and pollutants for which data referred to in paragraph 1 shall be made available .


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


### the power to adopt the delegated acts referred to in article 74 shall be conferred on the commission for a period of five years following the entry into force of this directive . the commission shall make a report in respect of the delegated powers at the latest six months before the end of the five year period . the delegation of power shall be automatically extended for periods of an identical duration , unless the european parliament or the council revokes it in accordance with article&#160 ; 77 . ### the power to adopt the delegated acts referred to in articles 13 , 15 , 23 , 41 , 48 , 72 and 74 shall be conferred on the commission for a period of five years following the entry into force of this directive . the commission shall make a report in respect of the delegated powers at the latest six months before the end of the five year period . the delegation of power shall be automatically extended for periods of an identical duration , unless the european parliament or the council revokes it in accordance with article&#160 ; 77 .


### the delegation of power referred to in article 74 may be revoked by the european parliament or by the council . ### the delegation of power referred to in articles 13 , 15 , 23 , 41 , 48 , 72 and 74 may be revoked by the european parliament or by the council .


### the institution which has commenced an internal procedure for deciding whether to revoke the delegation of power shall inform the other institution and the commission at the latest one month before the final decision is taken , stating the delegated powers which could be subject to revocation and the reasons for a revocation . ### the institution which has commenced an internal procedure for deciding whether to revoke the delegation of power shall endeavour to inform the other institution and the commission within a reasonable time before the final decision is taken , indicating the delegated powers which could be subject to revocation and the possible reasons for a revocation .


### the decision of revocation shall put an end to the delegation of the powers specified in that decision . it shall take effect immediately or at a later date specified therein . it shall not affect the validity of the delegated acts already in force . it shall be published in the official journal of the european union . ### the decision of revocation shall state the reasons for the revocation and shall put an end to the delegation of the powers specified in that decision . it shall take effect immediately or at a later date specified therein . it shall not affect the validity of the delegated acts already in force . it shall be published in the official journal of the european union .


### the european parliament or the council may object to the delegated act within a period of three months from the date of notification . 2 . if , on expiry of that period , neither the european parliament nor the council has objected to the delegated act , or if , before that date , the european parliament and the council have both informed the commission that they have decided not to raise objections , the delegated act shall enter into force at the date stated therein . 3 . if the european parliament or the council objects to the delegated act , it shall not enter into force . the institution which objects shall state the reasons for objecting to the delegated act . ### the european parliament or the council may object to a delegated act within a period of two months from the date of notification . at the initiative of the european parliament or the council this period shall be extended by two months . 2 . if neither the european parliament nor the council has objected to the delegated act , it shall be published in the official journal of the european union and shall enter into force at the date stated therein . 3 . if the european parliament or the council objects to a delegated act , it shall not enter into force . the institution which objects shall state the reasons for objecting to the delegated act .


### a transport infrastructure that reflects the specific situations in different parts of the union and provides for a balanced coverage of european regions , including outermost regions and other peripheral ones ; ### a transport infrastructure that reflects the specific situations in different parts of the union and provides for a balanced coverage of european regions , including outermost , outlying and island regions ;


### accelerating the refurbishment of existing and deployment of new energy infrastructure is vital to achieve the union ' s energy and climate policy objectives , consisting in completing the internal market in energy , guaranteeing security of supply , notably for gas and oil , reducing greenhouse gas emissions by 20% , increasing the share of renewable energy in the final energy consumption to 20%and achieving a 20% increase in energy efficiency by 2020 . at the same time , the union has to prepare its infrastructure for further decarbonisation of its energy system in the longer term towards 2050 . ### accelerating the refurbishment of existing and deployment of new energy infrastructure is vital to achieve the union ' s energy and climate policy objectives , consisting in completing the internal market in energy , guaranteeing security of supply , notably for gas and oil , reducing greenhouse gas emissions by 20% , increasing the share of renewable energy in the final energy consumption to 20% , i . e . by connecting regions with high renewable energy production capacity and electricity storage potential , and achieving a 20% increase in energy efficiency by 2020 . at the same time , the union has to prepare its infrastructure for further decarbonisation of its energy system in the longer term towards 2050 .


### in an increasingly integrated internal energy market , clear and transparent rules for cost allocation across borders are necessary in order to accelerate investment in cross - border infrastructure . the european council of 4 february 2011 recalled the importance to promote a regulatory framework attractive to investment in networks , with tariffs set at levels consistent with financing needs and the appropriate cost allocation for cross - border investments , while enhancing competition and competitiveness , notably of european industry , and taking account of the impact on consumers . ### in an increasingly integrated internal energy market , clear and transparent rules for cost allocation across borders are necessary in order to accelerate investment in cross - border infrastructure for the benefit of european businesses , not least for smes for whom high energy prices may become a serious obstacle , and for the benefit of european consumers . the european council of 4 february 2011 recalled the importance to promote a regulatory framework attractive to investment in networks , with tariffs set at levels consistent with financing needs and the appropriate cost allocation for cross - border investments , while enhancing competition and competitiveness , notably of european industry and of smes , and taking account of the impact on consumers .


### – interoperability and secure system operation ; ### – interoperability , secure system operation and security of supply ;


### projects of common interest falling under the categories set out in points 1 , 2 and 4 of annex ii are eligible for union financial support in the form of grants for studies and financial instruments in accordance with the provisions of [ regulation of the european parliament and the council establishing the connecting europe facility ] . ### projects of common interest falling under the categories set out in points 1 , 2 and 4 of annex ii are eligible for union financial support in the form of grants for studies and financial instruments in accordance with the provisions of [ regulation of the european parliament and the council establishing the connecting europe facility ] while private financing or financing by the economic operators concerned will provide the main source of financing .


### there is a need to identify any natural person who exercises ownership or control over a legal person . while finding a percentage shareholding will not automatically result in finding the beneficial owner , it is an evidential factor to be taken into account . identification and verification of beneficial owners should , where relevant , extend to legal entities that own other legal entities , and should follow the chain of ownership until the natural person who exercises ownership or control of the legal person that is the customer is found . ### there is a need to identify any natural persons who exercise ownership or control over a legal person . while finding a percentage shareholding will not automatically result in finding the beneficial owner , it is an evidential factor to be taken into account . identification and verification of beneficial owners should , where relevant , extend to legal entities that own other legal entities , and should follow the chain of ownership until the natural persons who exercise ownership or control of the legal persons that is the customer is found .


### the use of the gambling sector to launder the proceeds of criminal activity is of concern . in order to mitigate the risks related to the sector and to provide parity amongst the providers of gambling services , an obligation for all providers of gambling services to conduct customer due diligence for single transactions of eur 2 000 or more should be laid down . member states should consider applying this threshold to the collection of winnings as well as wagering a stake . providers of gambling services with physical premises should ensure that customer due diligence , if it is taken at the point of entry to the premises , can be linked to the transactions conducted by the customer on those premises . ### the use of the gambling sector to launder the proceeds of criminal activity is of concern . in order to mitigate the risks related to the sector and to provide parity amongst the providers of gambling services , an obligation for all providers of gambling services to conduct customer due diligence for single transactions of eur 2 000 or more should be laid down . member states should consider applying this threshold to the collection of winnings as well as wagering a stake . providers of gambling services should ensure that customer due diligence , if it is taken at the point of entry to the premises , can be linked to the transactions conducted by the customer on those premises .


### all offences , including tax crimes related to direct taxes and indirect taxes , which are punishable by deprivation of liberty or a detention order for a maximum of more than one year or , as regards those states which have a minimum threshold for offences in their legal system , all offences punishable by deprivation of liberty or a detention order for a minimum of more than six months ; ### all offences , which are punishable by deprivation of liberty or a detention order for a maximum of more than one year or , as regards those states which have a minimum threshold for offences in their legal system , all offences punishable by deprivation of liberty or a detention order for a minimum of more than six months ;


### members of parliaments ; ### members of parliaments or other legislative bodies ;


### any natural person who has sole beneficial ownership of a legal entity or legal arrangement which is known to have been set up for the benefit de facto of the person referred to in points to above ; ### any natural person who has beneficial ownership of a legal entity or legal arrangement which is known to have been set up for the benefit de facto of the person referred to in points to above ;


### the commission shall make the opinion available to assist member states and obliged entities to identify , manage and mitigate the risk of money laundering and terrorist financing . ### the commission shall make the opinion publicly available to assist member states and obliged entities to identify , manage and mitigate the risk of money laundering and terrorist financing .


### member states shall make the results of their risk assessments available to the other member states , the commission , and eba , eiopa and esma upon request . ### member states shall make the results of their risk assessments publicly available to the other member states , the commission , and eba , eiopa and esma upon request .


### conducting ongoing monitoring of the business relationship including scrutiny of transactions undertaken throughout the course of that relationship to ensure that the transactions being conducted are consistent with the institution ' s or person ' s knowledge of the customer , the business and risk profile , including , where necessary , the source of funds and ensuring that the documents , data or information held are kept up - to - date . ### conducting ongoing monitoring of the business relationship including scrutiny of transactions undertaken throughout the course of that relationship to ensure that the transactions being conducted are consistent with the institution ' s or person ' s knowledge of the customer , the business and risk profile , including the source of funds and ensuring that the documents , data or information held are kept up - to - date .


### member states shall require that the verification of the identity of the customer and the beneficial owner takes place before the establishment of a business relationship or the carrying - out of the transaction . ### member states shall require that the verification of the identity of the customer and the beneficial owners takes place before the establishment of a business relationship or the carrying - out of the transaction .


### the measures referred to in articles 18 , 19 and 20 shall also apply to family members or persons known to be close associates of such politically exposed persons . ### the measures referred to in articles 18 , 19 and 20 shall also apply to family members or persons that evidence indicates are close associates of such politically exposed persons .


### member states shall ensure that measures corresponding to those in paragraphs 1 , 2 and 3 apply to other types of legal entity and arrangement with a similar structure and function to trusts . ### member states shall ensure that measures corresponding to those in paragraphs 1 , 1a , 2 and 3 apply to other types of legal entity and arrangement with a similar structure and function to trusts .


### member states shall take all appropriate measures in order to protect employees of the obliged entity who report suspicions of money laundering or terrorist financing either internally or to the fiu from being exposed to threats or hostile action . ### member states shall ensure that the obliged entities prevent their own employees who report suspicions of money laundering or terrorist financing either internally or to the fiu from being exposed to threats or hostile action , being terminated from employment , and should be provided with adequate legal protection if required .


### the prohibition laid down in paragraph 1 shall not prevent disclosure between institutions from member states , or from third countries which impose requirements equivalent to those laid down in this directive provided that they belong to the same group . ### the prohibition laid down in paragraph 1 shall not prevent disclosure between institutions from member states , or from third countries which impose requirements substantially equivalent to those laid down in this directive provided that they belong to the same group .


### the prohibition laid down in paragraph 1 shall not prevent disclosure between persons referred to in article 2 and from member states , or from third countries which impose requirements equivalent to those laid down in this directive , who perform their professional activities , whether as employees or not , within the same legal person or a network . ### the prohibition laid down in paragraph 1 shall not prevent disclosure between persons referred to in article 2 and from member states , or from third countries which impose requirements substantially equivalent to those laid down in this directive , who perform their professional activities , whether as employees or not , within the same legal person or a network .


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


### member states shall ensure that their fius co - operate with each other to the greatest extent possible irrespective of whether they are administrative , law enforcement or judicial or hybrid authorities . ### member states shall ensure that their fius co - operate with each other and with fius from non - member states to the greatest extent possible irrespective of whether they are administrative , law enforcement or judicial or hybrid authorities .


### member states shall ensure that fius exchange , spontaneously or upon request , any information that may be relevant for the processing or analysis of information or investigation by the fiu regarding financial transactions related to money laundering or terrorist financing and the natural or legal person involved . a request shall contain the relevant facts , background information , reasons for the request and how the information sought will be used . ### member states shall ensure that fius exchange with both member state fius and non - member state fius , automatically or upon request , any information that may be relevant for the processing or analysis of information or investigation by the fiu regarding financial transactions related to money laundering or terrorist financing and the natural or legal person involved . a request shall contain the relevant facts , background information , reasons for the request and how the information sought will be used .


### member states shall ensure that the fiu to whom the request is made is required to use the whole range of its powers which it has domestically available for receiving and analysing information when it replies to a request for information referred to in paragraph 1 from another fiu based in the union . the fiu to whom the request is made shall respond in a timely manner and both the requesting and requested fiu shall use secure digital means to exchange information , wherever possible . ### member states shall ensure that the fiu to whom the request is made is required to use the whole range of its powers which it has domestically available for receiving and analysing information when it replies to a request for information referred to in paragraph 1 from another fiu . the fiu to whom the request is made shall respond in a timely manner and both the requesting and requested fiu shall use secure digital means to exchange information , wherever possible .


### member states shall ensure that competent authorities publish any sanction or measure imposed for breach of the national provisions adopted in the implementation of this directive without undue delay including information on the type and nature of the breach and the identity of persons responsible for it , unless such publication would seriously jeopardise the stability of financial markets . where publication would cause a disproportionate damage to the parties involved , competent authorities shall publish the sanctions on an anonymous basis . ### member states shall ensure that competent authorities publish any sanction or measure imposed for breach of the national provisions adopted in the implementation of this directive without undue delay including information on the type and nature of the breach and the identity of persons responsible for it . member states shall apply for approval of the commission to withhold such information from the public . the application must include detailed economic analysis supporting the member state ' s request .


### third countries having effective anti - money laundering / combating terrorist financing systems ; ### third countries identified by credible sources , such as fatf public statements , mutual evaluation or detailed assessment reports or published follow - up reports , as having effective anti - money laundering / combating terrorist financing systems ;


### with the europe 2020 project bond initiative , bonds would be issued by project companies , the union budget together with financing from a financial partner would be used to improve the credit quality of the bonds in order to attract debt capital market investors such as pension funds and insurance companies . ### with the europe 2020 project bond initiative , bonds would be issued by project companies , the union budget together with financing from a financial partner would be used to improve the credit quality of the bonds in order to attract debt capital market investors such as pension funds , insurance companies and other interested parties .


### in order to implement the pilot phase of the europe 2020 project bond initiative , decision no 1639 / 2006 / ec and regulation no 680 / 2007 should be amended . this pilot phase aims to support infrastructure projects with commercial potential in the transport , energy and ict sectors , while after 2013 the initiative may be extended to other sectors . ### in order to implement the pilot phase of the europe 2020 project bond initiative , decision no 1639 / 2006 / ec and regulation no 680 / 2007 should be amended . this pilot phase aims to support infrastructure projects with a clear european added value and with commercial potential in the transport , energy and ict sectors , while after 2013 the initiative may be extended to other sectors .


### relevant evidence should be disclosed upon decision of the court and under its strict control , especially as regards the necessity and proportionality of the disclosure measure . it follows from the requirement of proportionality that disclosure requests can only be triggered once an injured party has made it plausible , on the basis of facts which are reasonably available to him , that the party has suffered harm that was caused by the defendant . the request for disclosure should refer to categories of evidence which are as precise and narrow as possible on the basis of reasonably available facts . ### relevant evidence should be disclosed upon decision of the court and under its strict control , especially as regards the necessity and proportionality of the disclosure measure . it follows from the requirement of proportionality that disclosure requests can only be triggered once an injured party has provided a reasoned justification , on the basis of facts which are reasonably available to him , that the party has suffered harm that was caused by the defendant . the request for disclosure should refer to evidence which is defined as precisely and narrowly as possible on the basis of reasonably available facts .


### while relevant evidence containing business secrets or otherwise confidential information should in principle be available in actions for damages , such confidential information needs to be appropriately protected . national courts should therefore have at their disposal a range of measures to protect such confidential information from being disclosed during the proceedings . these may include the possibility of hearings in private , restricting the circle of persons entitled to see the evidence , and instruction of experts to produce summaries of the information in an aggregated or otherwise non - confidential form . measures protecting business secrets and other confidential information should not practically impede the exercise of the right to compensation . ### while relevant evidence containing business secrets or otherwise confidential information should in principle be available in actions for damages , such confidential information needs to be appropriately protected . national courts should therefore have at their disposal a range of measures to protect such confidential information from being disclosed during the proceedings . these may include the possibility of hearings in private , redacting that confidential information , restricting the circle of persons entitled to see the evidence , and instruction of experts to produce summaries of the information in an aggregated or otherwise non - confidential form . measures protecting business secrets and other confidential information should not practically impede the exercise of the right to compensation .


### this directive sets out certain rules necessary to ensure that anyone who has suffered harm caused by an infringement of article 101 or 102 of the treaty or of national competition law , can effectively exercise the right to full compensation for that harm . it also sets out rules fostering undistorted competition in the internal market and removing obstacles to its proper functioning by ensuring equivalent protection throughout the union for anyone who has suffered such harm . ### this directive sets out certain rules necessary to ensure that anyone who has suffered harm caused by an infringement of article 101 or 102 of the treaty or of national competition law by an undertaking or group of undertakings , can effectively exercise the right to claim full compensation for that harm from those infringing parties . it also sets out rules fostering undistorted competition in the internal market and removing obstacles to its proper functioning by ensuring equivalent protection throughout the union for anyone who has suffered such harm .


### anyone who has suffered harm caused by an infringement of union or national competition law shall be able to claim full compensation for that harm . ### anyone who has suffered harm caused by an infringement of union or national competition law shall be able to claim full compensation for that harm from the infringing parties in either a direct or a follow - on private case .


### ‘ national competition law’ means provisions of national law that predominantly pursue the same objective as articles 101 and 102 of the treaty and that are applied to the same case and in parallel to union competition law pursuant to article 3 of regulation no 1 / 2003 ; ### ‘ national competition law’ means provisions of national law that predominantly pursue the same objective as articles 101 and 102 of the treaty and that are applied to the same case and in parallel to union competition law pursuant to article 3 of regulation no 1 / 2003 this definition does not apply to national laws which impose criminal sanctions on natural persons except to the extent that such sanctions are the means whereby competition rules applying to undertakings are enforced .


### member states shall ensure that , where a claimant has presented reasonably available facts and evidence showing plausible grounds for suspecting that he , or those he represents , has suffered harm caused by the defendant ' s infringement of competition law , national courts can order the defendant or a third party to disclose evidence , regardless of whether or not this evidence is also included in the file of a competition authority , subject to the conditions set out in this chapter . member states shall ensure that courts are also able to order the claimant or a third party to disclose evidence on request of the defendant . ### member states shall ensure that , where a claimant has presented a reasoned justification containing available facts and evidence showing plausible grounds for suspecting that he , or those he represents , has suffered harm caused by the defendant ' s infringement of competition law , national courts can order the defendant or a third party to disclose evidence , regardless of whether or not this evidence is also included in the file of a competition authority , subject to the conditions set out in this chapter . member states shall ensure that courts are also able to order the claimant or a third party to disclose evidence on request of the defendant .


### whether the evidence to be disclosed contains confidential information , especially concerning any third parties , and the arrangements for protecting such confidential information ; and ### whether the evidence to be disclosed contains confidential information , especially concerning any third parties , and the arrangements for protecting such confidential information ;


### member states shall take the necessary measures to give full effect to legal privileges and other rights not to be compelled to disclose evidence . ### member states shall take the necessary measures to give full effect to legal privileges and other rights not to be compelled to disclose evidence . however , where a claimant has presented reasonably available facts and evidence sufficient to support plausibly that he , or those he represents , has suffered harm caused by the defendant ' s infringement of competition rules and that documents containing self - incriminating evidence are indispensable to supporting their claim and contains evidence that cannot be otherwise provided , national courts may order the defendant or a third party to disclose evidence . member states shall ensure that national courts are also able to order the claimant or a third party to disclose evidence on request of the defendant . this provision shall be without prejudice to the rights and obligations of national courts under council regulation 1206 / 2001 .


### member states shall take the necessary measures to give full effect to legal privileges and other rights not to be compelled to disclose evidence . ### member states shall take the necessary measures to give full effect to legal privileges and other rights not to be compelled to disclose evidence in accordance to national law .


### member states shall ensure that , for the purpose of actions for damages , national courts cannot at any time order a party or a third party to disclose any of the following categories of evidence : ### member states shall ensure that , for the purpose of actions for damages , national courts cannot as a general requirement order a party or a third party to disclose leniency corporate statements .


### member states shall ensure that , for the purpose of actions for damages , national courts can order the disclosure of the following categories of evidence only after a competition authority has closed its proceedings or taken a decision referred to in article 5 of regulation no 1 / 2003 or in chapter iii of regulation no 1 / 2003 : ### member states shall ensure that , for the purpose of actions for damages , national courts can order the disclosure of the following only after a competition authority has closed its proceedings or taken a decision referred to in article 5 of regulation no 1 / 2003 or in chapter iii of regulation no 1 / 2003 :


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


### the destruction of relevant evidence , provided that , at the time of destruction : ### the destruction of relevant evidence ;


### in the situation referred to in paragraph 1 of this article , the indirect purchaser shall be deemed to have proven that a passing - on to him occurred where he has shown that : ### the indirect purchaser shall be deemed to have proven that a passing - on to him occurred where he has shown that :


### the rules laid down in this chapter shall be without prejudice to the right of an injured party to claim compensation for loss of profits . ### the rules laid down in this chapter shall be without prejudice to the right of an injured party to claim compensation for loss of profits , actual loss , and interest from the time the harm occurred until the compensation in respect of that harm has been paid .


### member states shall ensure that , in the case of a cartel infringement , it shall be presumed that the infringement caused harm . the infringing undertaking shall have the right to rebut this presumption . ### member states shall ensure that , in the case of a cartel infringement , it shall be presumed that the infringement caused harm within the market . the infringing undertaking shall have the right to rebut this presumption .


### it is appropriate to clarify that for the purpose of verifying compliance with the target of 95gco2 / km , co2 emissions should continue to be measured in accordance with regulation no 715 / 2007 of the european parliament and of the council of 20 june 2007 on type approval of motor vehicles with respect to emissions from light passenger and commercial vehicles and on access to vehicle repair and maintenance information and its implementing measures and innovative technologies . ### the worldwide market for the development of advanced technologies to improve the efficiency of vehicles is a growth market . further developing such markets is in line with the flagship initiative for a resource - efficient europe under the europe 2020 strategy which supports the shift towards a resource - efficient , low - carbon economy to achieve sustainable growth . in order to further stimulate innovation in this area a long - term target for 2025 should be set in this regulation .


### in recognition of the high research and development and unit production costs of early generations of ultra - low carbon vehicles it is appropriate to accelerate and facilitate , on an interim basis and to a limited extent , the process of their introduction into the union market at their initial stages of commercialization . ### in recognition of the high research and development and unit production costs of early generations of ultra - low carbon vehicles it is appropriate to accelerate and facilitate , on an interim basis and to a limited extent , the process of their introduction into the union market at their initial stages of commercialization . the commission , member states and regional and local authorities should work to identify and disseminate best practice in stimulating demand for ultra - low emission vehicles so that the healthy growth in sales in some european countries is replicated in all member states .


### to enable the automotive industry to carry out long - term investments and innovation it is desirable to provide indications of how this regulation should be amended for the period beyond 2020 . these indications should be based on an assessment of the necessary rate of reduction in line with the union ' s long term climate goals and the implications for the development of cost effective co2 reducing technology for cars . it is therefore desirable for these aspects to be reviewed , the commission to make a report on the co2 emission targets for new passenger cars for the period beyond 2020 . ### to enable the automotive industry to carry out long - term investments and innovation it is desirable to provide indications of how this regulation should be amended for the period beyond 2020 . these indications should be based on an assessment of the necessary rate of reduction in line with the union ' s long term climate goals and the implications for the development of cost effective co2 reducing technology for cars . it is therefore desirable for these aspects to be reviewed and for the commission to make a report on the co2 emission targets for new passenger cars for the period beyond 2020 , including on a target of 70g co2 / km for 2025 .


### the regulation requires the commission to carry out an impact assessment in order to review the test procedures to reflect adequately the real co2 emissions behaviour of cars . this work is proceeding through the development of a world light duty test procedure in the framework of the united nations economic commission for europe but is not yet complete . in view of this , annex i to regulation no 443 / 2009 establishes emission limits for 2020 as measured according to regulation no 715 / 2007 and annex xii to regulation no 692 / 2008 . when the test procedures are amended , the limits set in annex i should be adjusted to ensure comparable stringency for manufacturers and classes of vehicles . ### the regulation requires the commission to carry out an impact assessment in order to review the test procedures to reflect adequately the real co2 emissions behaviour of cars . current implementation of the union’s regulatory procedure for the measurement of specific co2 emissions is leading to the recording of lower emission levels than occur in the actual performance of vehicles on the road . the measurement procedures referred to in regulation no 715 / 2007 of the european parliament and of the council of 20 june 2007 on type approval of motor vehicles with respect to emissions from light passenger and commercial vehicles and on access to vehicle repair and maintenance information and its implementing measures therefore need to be amended as a matter of urgency , by 2014 at the latest , in order to address this discrepancy . review of the test procedures is also currently proceeding through the development of a world light duty test procedure in the framework of the united nations economic commission for europe but is not yet complete . in view of this , annex i to regulation no 443 / 2009 establishes emission limits for 2020 as measured according to regulation no 715 / 2007 and annex xii to regulation no 692 / 2008 . when the test procedures are amended , the limits set in annex i should be adjusted to ensure comparable stringency for manufacturers and classes of vehicles .


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


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


### the european system of financial supervisors should be a network of national and community supervisory authorities , leaving day - to - day supervision of financial institutions at the national level , and according a central role in the supervision of cross - border groups to colleges of supervisors . greater harmonisation and the coherent application of rules for financial institutions and markets across the community should also be achieved . a european banking authority should be established , along with a european insurance and occupational pensions authority and a european securities and markets authority . ### the european system of financial supervisors should be a network of national and community supervisory authorities , leaving day - to - day supervision of financial institutions that do not have a union dimension to the national level . colleges of supervisors should exert supervision over cross - border institutions that do not have a union dimension . the european supervisory authority should gradually take over supervision of financial institutions with a union dimension . greater harmonisation and the coherent application of rules for financial institutions and markets across the union should also be achieved . a european supervisory authority should be established , along with a european supervisory authority and a european supervisory authority . the european systemic risk board should form part of a european system of financial supervision .


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


### in order to ensure efficient and effective supervision and a balanced consideration of the positions of the competent authorities in different member states , the authority should be able to settle disagreements between those competent authorities with binding effect , including within colleges of supervisors . a conciliation phase should be provided for , during which the competent authorities may reach an agreement . the authority ' s competence should cover disagreements on procedural obligations in the cooperation process as well as on the interpretation and application of community law in supervisory decisions . existing conciliation mechanisms provided for in sectoral legislation have to be respected . in the event of inaction by the national supervisory authorities concerned , the authority should be empowered to adopt , as a last resort , decisions directly addressed to financial institutions in areas of community law directly applicable to them . ### in order to ensure efficient and effective supervision and a balanced consideration of the positions of the competent authorities in different member states , the authority should be able to settle disagreements between those competent authorities with binding effect , including within colleges of supervisors . a conciliation phase should be provided for , during which the competent authorities may reach an agreement . the authority ' s competence should cover disagreements on procedural obligations in the cooperation process as well as on the interpretation and application of union law in supervisory decisions . existing conciliation mechanisms provided for in sectoral legislation have to be respected . in the event of inaction by the national supervisory authorities concerned , the authority should be empowered to adopt , as a last resort , decisions directly addressed to financial institutions in areas of union law directly applicable to them . this also applies to disagreements within a college of supervisors .


### the delegation of tasks and responsibilities can be a useful instrument in the functioning of the network of supervisors in order to reduce the duplication of supervisory tasks , foster cooperation and thereby streamline the supervisory process as well as reduce the burden imposed on financial institutions . the regulation should therefore provide a clear legal basis for such delegation . delegation of tasks means that tasks are carried out by another supervisory authority instead of the responsible authority , while the responsibility for supervisory decisions remains with the delegating authority . by delegation of responsibilities one national supervisory authority , the delegatee , shall be able to decide upon a certain supervisory matter in its name in lieu of another national supervisory authority . delegations should be governed by the principle of allocating supervisory competence to a supervisor which is well placed to take action in the subject matter . a reallocation of responsibilities can be appropriate for example for reasons of economies of scale or scope , of coherence in group supervision , and of optimal use of technical expertise among national supervisory authorities . relevant community legislation may further specify the principles for reallocation of responsibilities upon agreement . the authority should facilitate delegation agreements between national supervisory authorities by all appropriate means . it should be informed in advance of intended delegation agreements to be able to express an opinion where appropriate . it should centralise the publication of such agreements to ensure timely , transparent and easily accessible information about agreements for all parties concerned . ### the delegation of tasks and responsibilities can be a useful instrument in the functioning of the network of supervisors in order to reduce the duplication of supervisory tasks , foster cooperation and thereby streamline the supervisory process as well as reduce the burden imposed on financial institutions . the regulation should therefore provide a clear legal basis for such delegation . delegation of tasks means that tasks are carried out by another supervisory authority instead of the responsible authority , while the responsibility for supervisory decisions remains with the delegating authority . by delegation of responsibilities one national supervisory authority , the delegatee , should be able to decide upon a certain supervisory matter in its name in lieu of the authority or in lieu of another national supervisory authority . delegations should be governed by the principle of allocating supervisory competence to a supervisor which is well placed to take action in the subject matter . a reallocation of responsibilities can be appropriate for example for reasons of economies of scale or scope , of coherence in group supervision , and of optimal use of technical expertise among national supervisory authorities . relevant eu legislation may further specify the principles for reallocation of responsibilities upon agreement . the authority should facilitate and monitor delegation agreements between national supervisory authorities by all appropriate means . it should be informed in advance of intended delegation agreements to be able to express an opinion where appropriate . it should centralise the publication of such agreements to ensure timely , transparent and easily accessible information about agreements for all parties concerned . it should identify and promulgate best practices regarding delegation and delegation agreements . .


### where appropriate , the authority should consult interested parties on technical standards , guidelines and recommendations and provide them with a reasonable opportunity to comment on proposed measures . for reasons of efficiency , an insurance , reinsurance and occupational pension funds stakeholder group should be established for that purpose , representing in balanced proportions community insurance and reinsurance firms as well as occupational pension funds , their employees and consumers and other retail users of the insurance , reinsurance and occupational pension services , including smes . the insurance , reinsurance and occupational pension funds stakeholder group should actively work as an interface with other user groups in the financial services area established by the commission or community legislation . ### where appropriate , the authority should consult interested parties on technical standards , guidelines and recommendations and provide them with a reasonable opportunity to comment on proposed measures . to this end the authority should put transparent procedures in place . for reasons of efficiency , two stakeholders groups should be established for that purpose – one for insurance and reinsurance and one for occupational retirement provision – representing in balanced proportions union insurance and reinsurance firms as well as institutions providing occupational retirement provision , their employees and consumers and other retail users of the insurance , reinsurance and occupational pension services , including smes . those stakeholder groups should actively work as an interface with other user groups in the financial services area established by the commission or union legislation . the stakeholder groups should coordinate their work , where appropriate .


### a full time chairperson , selected by the board of supervisors through an open competition , should represent the authority . the management of the authority should be entrusted to an executive director , who should have the right to participate in meetings of the board of supervisors and the management board without the right to vote . ### a full time chairperson , appointed by the european parliament following an open selection procedure managed by the board of supervisors , should represent the authority . the management of the authority should be entrusted to an executive director , who should have the right to participate in meetings of the board of supervisors and the management board without the right to vote .


### the authority shall , in cooperation with the supervisors operating in colleges of supervisors , determine and collect as appropriate all relevant information from national supervisory authorities , in order to facilitate the work of those colleges . ### the authority shall assist the supervisors operating in colleges of supervisors , determine and collect as appropriate all relevant information from national supervisory authorities , in order to facilitate the work of those colleges . the authority shall take full account of the existing arrangements between national competent authorities and third - country supervisors , taking into account the core crisis management groups of international colleges which have full access to information . the authority shall be a member of the crisis management groups .


### on the basis of the peer review the authority may issue recommendations to the national supervisory authorities concerned . ### on the basis of the peer review the authority may issue guidelines and recommendations pursuant to article 8 to the competent authorities concerned , or adopt a decision addressed to competent authorities or adopt draft technical standards in accordance with articles 7 to 7d .


### the authority shall ensure an adequate coverage of cross - sectoral developments , risks and vulnerabilities by closely cooperating with the european banking authority and the european securities and markets authority . ### the authority shall ensure an adequate coverage of cross - sectoral developments , risks and vulnerabilities by closely cooperating with the european supervisory authority and the european supervisory authority and the european supervisory authority .


### the authority shall assist in preparing equivalence decisions pertaining to supervisory regimes in third countries in accordance with the legislation referred to in article 1 . ### the authority shall assist in preparing equivalence decisions pertaining to supervisory regimes in third countries in accordance with the legislation referred to in article 1 . the commission shall adopt delegated acts in accordance with articles 7a to 7d , for the purpose of making assessments of equivalence referred to in this article .


### insurance , reinsurance and occupational pensions stakeholder group ### insurance , reinsurance and occupational retirement provision stakeholder groups


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


### the insurance , reinsurance and occupational pension funds stakeholder group shall be composed of 30 members , representing in balanced proportions community insurance and reinsurance firms as well as occupational pension funds , their employees as well as consumers and users of the insurance , reinsurance and occupational pension services . ### the insurance , reinsurance and occupational pension funds stakeholder group shall be composed of 30 members , representing in balanced proportions union credit and investment institutions , their employees as well as consumers , users of banking services and representatives of smes . not less than 5 of the members shall be independent top - ranking academics . the number of members representing market participants shall not exceed 10 . not less than 10 members shall be elected by sme organisations .


### the insurance , reinsurance and occupational pension funds stakeholder group shall meet at least twice a year . ### the stakeholder groups shall meet at least twice a year .


### the insurance , reinsurance and occupational pension funds stakeholder group shall adopt its rules of procedure . ### the stakeholder groups shall adopt their rules of procedure .


### the authority shall make public the opinions and advice of the insurance , reinsurance and occupational pension funds stakeholder group and the results of its consultations . ### the authority shall make public the opinions and advice of the stakeholder groups and the results of their consultations .


### the chairperson shall be appointed by the board of supervisors on the basis of merit , skills , knowledge of financial institutions and markets , and experience relevant to financial supervision and regulation , following an open selection procedure . ### the chairperson shall be appointed by the board of supervisors on the basis of merit , skills , knowledge of financial institutions and markets , and experience relevant to financial supervision and regulation on insurances , reinsurances and occupational retirement provision institutions , following an open selection procedure .


### two members of the board of appeal and two alternates shall be appointed by the management board of the authority from a short - list proposed by the commission , following a public call for expression of interest published in the official journal of the european union , and after consultation of the board of supervisors . ### the members of the board of appeal and their alternates shall be appointed by the european parliament from a short - list proposed by the commission , following a public call for expression of interest published in the official journal of the european union , and after consultation of the board of supervisors . it shall include at least one member representing a consumer organisation , one member representing smes and one member representing the research community . the latter as well as his alternate shall be appointed by the insurance , reinsurance and occupational pensions stakeholder group .


### accelerating the refurbishment of existing and deployment of new energy infrastructure is vital to achieve the union ' s energy and climate policy objectives , consisting in completing the internal market in energy , guaranteeing security of supply , notably for gas and oil , reducing greenhouse gas emissions by 20% , increasing the share of renewable energy in the final energy consumption to 20%20 and achieving a 20% increase in energy efficiency by 2020 . at the same time , the union has to prepare its infrastructure for further decarbonisation of its energy system in the longer term towards 2050 . ### accelerating the refurbishment of existing and deployment of new energy infrastructure is vital to achieve the union ' s energy and climate policy objectives , consisting in completing the internal market in energy , guaranteeing security of supply , notably for gas and oil , reducing greenhouse gas emissions by 20% , increasing the share of renewable energy in the final energy consumption to 20%20 and achieving a 20% increase in energy efficiency by 2020 . at the same time , the union has to prepare its infrastructure for further decarbonisation of its energy system in the longer term towards 2050 , and within the same time - frame to prepare it for connecting regions which have high renewable energy production capacity and electricity storage potential .


### – market integration , competition and system flexibility ; ### – market integration , inter alia through alleviating the effects of the isolation of regions in the union ; competition and system flexibility ;


### – market integration , interoperability and system flexibility ; ### – market integration , inter alia through alleviating the effects of the isolation of regions in the union ; interoperability and system flexibility ;


### – interoperability and secure system operation ; ### – security of supply , inter alia through interoperability and secure system operation ;


### north - south electricity interconnections in central eastern and south eastern europe : interconnections and internal lines in north - south and east - west directions to complete the internal market and integrate generation from renewable energy sources . ### north - south electricity interconnections in central eastern and south eastern europe : interconnections and internal lines in north - south and east - west directions to complete the internal market and integrate generation from renewable energy sources ; interconnection of isolated island electrical systems to the mainland in order to bring the benefits of the integrated electricity market , increase renewable energy sources penetration and enable the transfer of res energy to the mainland .


### electricity highways : first electricity highways by 2020 , in view of building an electricity highways system across the union ; ### electricity highways : first electricity highways by 2020 , in view of building an electricity highways system across the union , especially connecting regions which have high renewable energy production capacity and storage potential ;


### for electricity storage , the project provides storage capacity allowing a net annual electricity generation of at least 500 gigawatt - hours ; ### for electricity storage , the project provides storage capacity allowing a net annual electricity generation of at least 250mw capacity and 250 gigawatt - hours / year ;


### in electricity : scenarios for demand , generation capacities by fuel type and their geographical location , fuel prices , carbon dioxide prices , the composition of the transmission and , if relevant , the distribution network , and its evolution , taking into account all new significant generation , storage and transmission projects for which a final investment decision has been taken and that are due to be commissioned by the end of year n + 5 ; ### in electricity : scenarios for demand , generation capacities by fuel type and their geographical location , fuel prices , carbon dioxide prices , the composition of the transmission and , if relevant , the distribution network , and its evolution , taking into account all new significant generation , storage potential and storage and transmission projects for which a final investment decision has been taken and that are due to be commissioned by the end of year n + 5 ;


### this directive does not govern member states’ policies with regard to consensual sexual activities in which children may be involved and which can be regarded as the normal discovery of sexuality in the course of human development , taking account of the different cultural and legal traditions and of new forms of establishing and maintaining relations among children and adolescents , including through information and communication technologies . ### this directive does not govern member states’ policies with regard to consensual sexual activities in which adolescents and minors who are close in age may be involved and which can be regarded as the normal discovery of sexuality in the course of human development , taking account of the different cultural and legal traditions and of new forms of establishing and maintaining relations among minors who are close in age and adolescents , including through information and communication technologies .


### investigating offences and bringing charges in criminal proceedings should be facilitated , to take into account the difficulty for child victims of denouncing abuse and the anonymity of offenders in cyberspace . to ensure successful investigations and prosecutions of the offences referred to in this directive , effective investigation tools should be made available to those responsible for the investigation and prosecutions of such offences . these tools may include covert operations , interception of communications , covert surveillance including electronic surveillance , monitoring of bank accounts or other financial investigations . ### investigating offences and bringing charges in criminal proceedings should be facilitated , to take into account the difficulty for child victims of denouncing abuse and the anonymity of offenders in cyberspace . to ensure successful investigations and prosecutions of the offences referred to in this directive , effective investigation tools , including the activation of early warning systems , should be made available to those responsible for the investigation and prosecutions of such offences . these tools may include covert operations , interception of communications , covert surveillance including electronic surveillance , monitoring of bank accounts or other financial investigations . these investigations should be subject to prior authorisation by the relevant judicial authority in the member state concerned and should be carried out under the supervision of that authority .


### where the danger posed by the offenders and the possible risks of repetition of the offences make it appropriate , convicted offenders should be temporarily or permanently prevented from exercising activities involving regular contacts with children , where appropriate . implementation of such prohibitions throughout the eu should be facilitated . ### where the danger posed by the offenders and the possible risks of repetition of the offences make it appropriate , convicted offenders should be temporarily or permanently prevented from exercising activities involving regular contacts with children , where appropriate . implementation of such prohibitions throughout the eu should be facilitated . procedures should be implemented in line with the legislation in force in the member states .


### member states shall take the necessary measures to ensure that the following intentional conduct is punishable : ### member states shall take the necessary measures to prevent or prohibit the following :


### in so far as the following circumstances do not already form part of the constituent elements of the offences referred to in articles 3 to 7 , they shall be considered as aggravating circumstances for the purposes of this directive : ### member states shall take the legislative or other measures required to ensure that the following circumstances , if they do not already form part of the constituent elements of the offences referred to in article 3 to 7 , can be considered as aggravating circumstances :


### member states shall take the necessary measures to ensure that legal persons may be held liable for any of the offences referred to in articles 3 to 7 committed for their benefit by any person , acting either individually or as part of an organ of the legal person , and having a leading position within the legal person , based on one of the following : ### member states shall take the necessary measures to ensure that legal persons may be held liable for any of the offences referred to in articles 3 to 7 committed by any natural person , acting individually or as part of an organ of the legal person , and having a leading position within the legal person , based on one of the following :


### member states shall take the necessary measures to ensure that effective investigative tools are available to persons , units or services responsible for investigating or prosecuting offences referred to in articles 3 to 7 , allowing the possibility of covert operations at least in those cases where the use of information and communication technology is involved . ### member states shall take the necessary measures to ensure that effective investigative tools are available to persons , units or services responsible for investigating or prosecuting offences referred to in articles 3 to 7 , allowing the possibility of covert operations at least in those cases where the use of information and communication technology is involved . these provisions must be subject to prior authorisation by the relevant judicial authority in the member state concerned and must be carried out under the supervision of that authority .


### member states shall take the necessary measures to ensure that the confidentiality rules imposed by national law on certain professionals called upon to work in contact with children do not constitute an obstacle to the possibility , for those professionals , of their reporting to the services responsible for child protection any situation where they have reasonable grounds for believing that a child is the victim of offences referred to in articles 3 to 7 . ### member states shall take the necessary measures to ensure that the confidentiality rules imposed by national law on certain professionals whose primary task is to work in contact with children do not constitute an obstacle to the possibility , for those professionals , of their reporting to the services responsible for child protection any situation where they have reasonable grounds for believing that the life of a child is in danger or that a child is at risk of serious violence or serious harm .


### strong public finances are best ensured at the planning stage and gross errors should be identified as early as possible . member states should benefit not just from the setting of guiding principles and budgetary targets but also from a synchronised monitoring of their budgetary policies . ### strong public finances are best ensured at the planning stage and gross errors , which tend to be made most often in economic boom years , should be identified as early as possible . member states should benefit not just from the setting of guiding principles and budgetary targets but also from a synchronised monitoring of their budgetary policies .


### in order to enhance the dialogue between the union institutions , in particular the european parliament , the council and the commission , and to ensure greater transparency and accountability , the competent committee of the european parliament may offer the opportunity to the member state concerned by a commission recommendation to participate in an exchange of views , ### in order to enhance the dialogue between the union institutions , in particular the european parliament , the council and the commission , and to ensure the greater transparency and accountability that democracy requires , the competent committee of the european parliament may offer the opportunity to the member state concerned by a commission recommendation to participate in an exchange of views ,


### ‘ government’ and ‘ deficit’ have the meaning ' set out in article 2 of the protocol on the excessive deficit procedure annexed to the treaty on european union and the treaty on the functioning of the european union . ### ‘ government’ , ‘ deficit’ and ' debt ' have the meanings set out in article 2 of the protocol on the excessive deficit procedure annexed to the tfeu and to the treaty on the functioning of the european union .


### the commission shall , if necessary , adopt an opinion on the draft budgetary plan by 30 november . ### the commission shall assess the draft budgetary plans , taking into account the medium - term budgetary implications of new measures , and shall assess the implication for fiscal sustainability . it shall also assess the quality of the process of collecting the underlying data . the commission shall , if necessary , adopt an opinion on the draft budgetary plan by 30 november . an opinion shall always be adopted in the following situations : if the draft budgetary plans would lead to non - compliance with the budgetary policy obligations laid down in the stability and growth pact ; if the draft budgetary plans would lead a structural deficit higher than foreseen in the stability programme of a member state ; if the government debt ratio is above 60 % of gdp and not declining at a sufficient pace as defined in the stability and growth pact ; or if the commission identifies serious risks to fiscal sustainability .


### the member state subject to closer monitoring shall without delay carry out a comprehensive assessment of in - year budgetary execution for the general government and its sub - sectors . the financial risks associated to government - owned entities and government contracts shall also be covered by the assessment to the extent that they may contribute to the existence of an excessive deficit . the result of this assessment shall be included in the report submitted in accordance with article 3 or 5 of regulation no 1467 / 97 on action taken to correct the excessive deficit . ### the member state subject to closer monitoring shall without delay carry out a comprehensive assessment of in - year budgetary execution for the general government and its sub - sectors , that assessment shall be carried out on a semestral basis . the financial risks associated to government - owned entities and government contracts shall also be covered by the assessment to the extent that they may contribute to the existence of an excessive deficit . the result of this assessment shall be included in the report submitted in accordance with article 3 or 5 of regulation no 1467 / 97 on action taken to correct the excessive deficit .


### member state shall report regularly to the commission and to the economic and financial committee or any sub - committee it will designate for that purpose , for the general government and its sub - sectors , the in - year budgetary execution , the budgetary impact of discretionary measures taken on both the expenditure and the revenue side , targets for the government expenditure and revenues , as well as information on the measures adopted and the nature of those envisaged to achieve the targets . the report shall be made public . ### the member state shall report regularly to the commission and to the economic and financial committee or any sub - committee it will designate for that purpose , for the general government and its sub - sectors , the in - year budgetary execution , the budgetary impact of discretionary measures taken on both the expenditure and the revenue side , targets for the government expenditure and revenues , as well as information on the measures adopted and the nature of those envisaged to achieve the targets . the member state shall also report on the implementation of the budgetary and economic partnership programme and the structural reforms necessary to ensure an effective and durable correction of its excessive debt . the report shall be made public .


### carry out and report on a comprehensive independent audit of the accounts of the general government conducted in coordination with national supreme audit institutions , aiming at assessing the reliability , completeness and accuracy of these public accounts for the purposes of the excessive defiocit procedure . in this context , the commission shall assess the quality of data reported by the member state concerned in accordance with regulation no 679 / 2010 ; ### carry out and report on a comprehensive independent audit of the accounts of the general government conducted in coordination with national supreme audit institutions , aiming at assessing the reliability , completeness and accuracy of these public accounts for the purposes of the excessive defiocit procedure . in this context , the commission shall assess the quality of data reported by the member state concerned in accordance with regulation no 679 / 2010 ; if necessary member states shall reform their national supreme audit institutions in order to fulfil those obligations ;


### in case of risks of non - compliance with the deadline to correct the excessive deficit , the commission shall address a recommendation to the member state concerned for adoption of further measures within a timeframe consistent with the deadline for the correction of its excessive deficit referred to in paragraph 1 . the recommendation by the commission shall be made public , and , at the request of the parliament of the member state concerned , shall be presented by the commission to the parliament concerned . ### in case of risks of non - compliance with the deadline to correct the excessive deficit , the commission shall address a recommendation to the member state concerned for adoption of further measures within a timeframe consistent with the deadline for the correction of its excessive deficit referred to in paragraph 1 . the commission opinion shall be made public . at the request of the parliament of the member state concerned , the commission shall present it to the parliament concerned , giving detailed reasons for the measures called for .


### an injured party who has proven having suffered harm as a result of a competition law infringement still needs to prove the extent of the harm in order to obtain damages . quantifying antitrust harm is a very fact - intensive process and may require the application of complex economic models . this is often very costly and causes difficulties for injured parties in terms of obtaining the necessary data to substantiate their claims . as such , the quantification of antitrust harm can constitute a substantial barrier preventing injured parties from obtaining compensatory damages for harm suffered . ### an injured party who has proven having suffered harm as a result of a competition law infringement still needs to prove the extent of the harm in order to obtain damages . quantifying antitrust harm is a very fact - intensive process and may require the application of complex economic models . this is often very costly and causes difficulties for injured parties in terms of obtaining the necessary data to substantiate their claims . as such , the quantification of antitrust harm can constitute a substantial barrier preventing injured parties from obtaining compensatory damages for harm suffered . the process of quantifying harm may vary between different national jurisdictions . in order to ensure clear rules and predictability the commission should provide further guidance at community level .


### injured parties and infringing undertakings should be encouraged to agree on compensating the harm caused by a competition law infringement through consensual dispute resolution mechanisms , such as out - of - court settlements , arbitration and mediation . where possible , such consensual dispute resolution should cover as many injured parties and infringing undertakings as possible . the provisions in this directive on consensual dispute resolution are therefore meant to facilitate the use of such mechanisms and increase their effectiveness . ### points out that national courts are often overburdened and that actions for damages can be a time consuming process . therefore , injured parties and infringing undertakings should be encouraged to agree on compensating the harm caused by a competition law infringement through consensual dispute resolution mechanisms , such as out - of - court settlements , arbitration and mediation . where possible , such consensual dispute resolution should cover as many injured parties and infringing undertakings as possible . as individual actions may not suffice , collective actions brought by genuine and qualified entities , such as consumer associations or trade organisations acting on behalf of individual claimant should be explicitly included in this directive .


### &#171 ; document&#187 ; means any content whatever its medium drawn - up by an institution and formally transmitted to one or more recipients or otherwise registered , or received by an institution ; data contained in electronic storage , processing and retrieval systems are documents if they can be extracted in the form of a printout or electronic - format copy using the available tools for the exploitation of the system ; ### &#8220 ; document&#8221 ; shall mean any data or content whatever its medium concerning a matter relating to the policies , activities and decisions falling within the sphere of responsibility of an institution , body , office or agency ; information contained in electronic storage , processing and retrieval systems shall constitute a document or documents if it can be extracted in the form of one or more printouts or electronic - format copies using the available tools for the exploitation of the system ;


### legal advice and court , arbitration and dispute settlement proceedings ; ### legal advice dealing with court proceedings ;


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