### every significant new factor , material mistake or inaccuracy relating to the information included in the prospectus which is capable of affecting the assessment of the securities and which arises or is noted between the time when the prospectus is approved and the final closing of the offer to the public or , as the case may be , the time when trading on a regulated market begins , whichever occurs earlier , shall be mentioned in a supplement to the prospectus . such a supplement shall be approved in the same way in a maximum of seven working days and published in accordance with at least the same arrangements as were applied when the original prospectus was published . the summary , and any translations thereof , shall also be supplemented , if necessary to take into account the new information included in the supplement . 2 . investors who have already agreed to purchase or subscribe for the securities before the supplement is published shall have the right , exercisable within two working days after the publication of the supplement , to withdraw their acceptances . this period may be extended by the issuer , the offeror or the person asking for the admission to trading on a regulated market . ### every significant new factor , material mistake or inaccuracy relating to the information included in the prospectus which is capable of affecting the assessment of the securities and which arises or is noted between the time when the prospectus is approved and the final closing of the offer to the public or , as the case may be , the time when trading on a regulated market begins , whichever occurs earlier , shall be mentioned in a supplement to the prospectus . in the event that the final closing of the offer takes place before an admission of the same securities to trade , the issuer may make further use of the existing prospectus and may update it by way of a supplement . such a supplement shall be immediately submitted to the competent authority and published in accordance with at least the same arrangements as were applied when the original prospectus was published . the key information document and any translations thereof , shall also be supplemented , if necessary to take into account the new information included in the supplement . 2 . investors who have already agreed to purchase or subscribe for the securities before the supplement is published shall have the right , exercisable within two working days after the publication of the supplement , to withdraw their acceptances in the event of adverse developments , provided that settlement has not yet taken place . this period may be extended by the issuer , the offeror or the person asking for the admission to trading on a regulated market . the final date of the right of withdrawal shall be stated in the supplement .


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


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


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


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


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


### persons or entities that are considered to be or treated on request as professional clients in accordance with annex ii to directive 2004 / 39 / ec , or recognised as eligible counterparties in accordance with article 24 of directive 2004 / 39 / ec . ### persons or entities that are considered to be or treated on request as professional clients in accordance with annex ii to directive 2004 / 39 / ec , or recognised as eligible counterparties in accordance with article 24 of directive 2004 / 39 / ec unless they have requested that they be treated as non - professional clients . such request shall be communicated to the issuer .


### however , member states shall ensure that no civil liability shall attach to any person solely on the basis of the summary , including any translation thereof , unless it is misleading , inaccurate or inconsistent , when read together with the other parts of the prospectus , and it does not provide key information enabling investors to take informed investment decisions and to compare the securities with other investment products . ### however , member states shall ensure that no civil liability shall attach to any person solely on the basis of the key information document , including any translation thereof , unless it is misleading , inaccurate or inconsistent , when read together with the other parts of the prospectus . key investor information shall contain a clear warning in this respect .


### member states shall ensure that the schemes may make additional calls for contribution to the members of the scheme in case the target fund level is insufficient to meet the payment of the compensation claims referred to in article 9 . those additional contributions shall not exceed 0 . 5% of the covered monies and financial instruments as referred to in paragraph 2 of this article . those additional contributions shall not jeopardise the stability of the financial system of the member state concerned and be based on affordability criteria . ### member states shall ensure that the schemes may make additional calls for contribution to the members of the scheme in case the target fund level is insufficient to meet the payment of the compensation claims referred to in article 9 . those additional contributions shall not exceed 0 , 3% of the covered monies and financial instruments as referred to in paragraph 2 . those additional contributions shall not jeopardise the stability of the financial system of the member state concerned and be based on affordability criteria .


### member states shall ensure that 10% of the ex - ante funding amount of the schemes referred to in article 4a is available for lending to other schemes under the conditions established in article 4c . the commission may amend , by means of delegated acts in accordance with article 13a and subject to the conditions of articles 13b and 13c , the percentage of the ex - ante funding amount to be made available for lending to other schemes , taking into account the developments in financial markets . ### member states shall ensure that 5% of the ex - ante funding amount of the schemes referred to in paragraph 2 is available for lending to other schemes under the conditions established in article 4b .


### the target fund level shall be financed prior to and irrespective of the occurrence of any event relevant under article 2 or . member states shall ensure that the level of funding for each scheme is reached within a ten - year period after the entry into force of this directive and that each scheme adopts and complies with an appropriate planning in order to fulfil this objective . ### the target fund level shall be financed prior to and irrespective of the occurrence of any event relevant under article 2 or . member states shall ensure that the level of funding for each scheme is reached within a five - year period after the entry into force of this directive and that each scheme adopts and complies with an appropriate planning in order to fulfil this objective .


### member states shall ensure that schemes provide for coverage of eur 50 000 for each investor in respect of the claims referred to in article 2 or . ### member states shall ensure that schemes provide for coverage of eur 100 000 for each investor in respect of the claims referred to in article 2 or .


### return to investors any instruments belonging to them and held , administered or managed on their behalf in connection with investment business , ### return to investors any instruments belonging to them and held , administered or managed on their behalf in connection with investment business , provided that the firm ' s inability is proved to be the result of a fraud , administrative malpractices or operational errors .


### members states which provide for coverage of more than eur 50 000 at the time of adoption of this directive , may maintain that level of coverage for no longer than 3 years from the date for the transposition of this directive . after that date , those member states shall ensure that the level of coverage is eur 50 000 . ### members states which provide for coverage of more than eur 100 000 at the time of adoption of this directive , may maintain that level of coverage for no longer than 3 years from the date for the transposition of this directive . after that date , those member states shall ensure that the level of coverage is eur 100 000 .


### the minimum level of compensation was established in 1997 and has not been modified since then . this level should be increased to eur 50 000 in order to take into account developments in the financial markets and in the union legislative framework . this amount takes into account the effects of inflation in the union and the need to better align the level of compensation with the average value of investments held by retail clients in the member states . in order to increase the protection provided to investors , it is necessary to remove the existing option for member states to limit or exclude from cover funds in currencies other that those of the member states . ### the minimum level of compensation was established in 1997 and has not been modified since then . this level should be increased to eur 100 000 in order to take into account developments in the financial markets and in the union legislative framework . this amount takes into account the effects of inflation in the union and the need to increase consumer protection and better align the level of compensation with the average value of investments held by retail clients in the member states . in order to increase the protection provided to investors , it is necessary to remove the existing option for member states to limit or exclude from cover funds in currencies other that those of the member states .


### the competent authorities have determined that an investment firm appears , for the time being , for reasons directly related to the financial circumstances of the investment firm or the financial circumstances of any third party with whom financial instruments have been deposited by the investment firm , to be unable to meet its obligations arising out of investors ' claims and has no early prospect of being able to do so , ### the competent authorities have determined that an investment firm appears , for the time being , for reasons directly related to the financial circumstances of the investment firm or the financial circumstances of any third party with whom financial instruments or money that does not fall within the scope of directive 94 / 19 / ec of the european parliament and of the council of 30 may 1994 on deposit - guarantee schemes have been deposited by the investment firm , to be unable to meet its obligations arising out of investors ' claims and has no early prospect of being able to do so ;


### notwithstanding the time limit laid down in the first subparagraph of paragraph 2 , where an investor or any other person entitled to or having an interest in investment business has been charged with an offence arising out of or in relation to money laundering as defined in article 1 of directive 2005 / 60 / ec or is the subject of action for contravention of directive 2003 / 6 / ec , the compensation scheme may suspend any payment pending the judgment of the court or determination of a competent authority . ### notwithstanding the time limit laid down in the first subparagraph of paragraph 2 , where an investor or any other person entitled to or having an interest in investment business has been charged with an offence arising out of or in relation to money laundering as defined in article 1 of directive 2005 / 60 / ec or in relation to the financing of terrorist groups as defined in council recommendation of 9 december 19991 , or is the subject of action for contravention of directive 2003 / 6 / ec , the compensation scheme may suspend any payment pending the judgment of the court or determination of a competent authority . ________________ 1 oj c 373 , 23 . 12 . 1999 p . 1 .


### the target fund level shall be financed prior to and irrespective of the occurrence of any event relevant under article 2 or . member states shall ensure that the level of funding for each scheme is reached within a ten - year period after the entry into force of this directive and that each scheme adopts and complies with an appropriate planning in order to fulfil this objective . ### further to the arrangements referred to in paragraph 2 , the member state shall also be able to demonstrate that in the event that those arrangements are insufficient , in particular in terms of short - term liquidity or larger fund shortfalls , schemes have in place adequate alternative funding arrangements to enable them to obtain further funding . those funding arrangements may include commercial lending arrangements and lending facilities from public institutions , including from the member state , provided that those facilities are based on commercial grounds .


### each member state shall ensure that within its territory one or more investor - compensation schemes are introduced and officially recognized . except in the circumstances envisaged in the second subparagraph and in article 5 , no investment firm authorized in that member state or ucits authorized in that member state may carry on investment business or carry on activities as a ucits , unless it belongs to such a scheme . ### each member state shall ensure that within its territory one or more investor - compensation schemes are introduced and officially recognised . except in the circumstances envisaged in the second subparagraph and in article 5 , no investment firm authorized in that member state may carry on investment business unless it belongs to such a scheme .


### the commission shall adopt , by means of delegated acts in accordance with article 13a and subject to the conditions of articles 13b and 13c , measures to determine the method to calculate the value of monies and financial instruments covered by the protection of the investor compensation schemes in order to determine the target fund level to be established by the schemes and to modify the target fund level taking account of the developments in financial markets . ### the commission shall adopt , by means of delegated acts in accordance with article 13a and subject to the conditions of articles 13b and 13c , measures to determine the method to calculate the value of monies and financial instruments covered by the protection of the investor compensation schemes in order to determine the target fund level to be established by the schemes . on the basis of the value of the covered monies calculated every year as referred to in the first subparagraph , and taking account of the developments in financial markets , the commission may amend , by means of delegated acts in accordance with article 13a and subject to the conditions of articles 13b and 13c , the target fund level . in any event , within two years of the five - year transition period referred to in paragraph 3 , the commission shall submit to the european parliament and council a report on the need to adjust the target fund level provided for under paragraph 2 .


### the situation referred to in point of this subparagraph is due to a lack of funds as referred to in article 4a ; ### the scheme which finds itself in the situation referred to in point of this subparagraph had previously reached the target fund level referred to in article 4a ;


### member states shall ensure that each scheme establishes a target fund level of at least 0 . 5% of the value of the monies and financial instruments held , administered or managed by the investment firms or ucits that are covered by the protection of the investor compensation scheme . the value of the covered monies and financial instruments shall be calculated every year as at 1 january . ### member states shall ensure that each scheme establishes a target fund level of at least 0 , 3% of the value of the monies and financial instruments held , administered or managed by the investment firms that are covered by the protection of the investor compensation scheme . the value of the covered monies and financial instruments shall be calculated every year as at 31 of december .


### – encourage owner - operators to join trade associations and strengthen the organisations representing inland waterway transport at union level , ### – encourage inland waterway transport operators to join trade associations and strengthen the social partners representing inland waterway transport at union level , while guaranteeing that their interests are independently represented at all times ,


### – encourage adaptation of vessels to technical progress in order to improve working conditions and promote safety , ### – encourage adaptation of vessels to technical progress in order to improve working conditions and health protection and promote safety at work ,


### – organise vocational training or retraining schemes for crew members leaving the industry , ### – organise vocational training or retraining schemes for crew members leaving the industry and provide appropriate information about those schemes ,


### member states shall allow bundling practices but not tying practices . ### member states may allow bundling practices but not tying practices .


### . ‘ contingent commission’ means a remuneration in the form of a commission where the amount payable is based on the achievement of agreed targets relating to the business placed by the intermediary with that insurer ; ### . ' contingent commission ' means a remuneration in the form of a commission based on the achievement of pre - agreed targets or thresholds relating to the volume of business placed by the intermediary with the insurer ,


### ' advice ' means the provision of a recommendation to a customer , either upon their request or at the initiative of the insurance undertaking or the insurance intermediary ; ### ' advice ' means the provision of a personal recommendation to a customer , either upon their request or at the initiative of the insurance undertaking or the insurance intermediary ;


### it gives advice on the basis of a fair analysis , or ### it gives advice on the basis of a fair and independent analysis , or


### the european parliament in its resolution of 8 march 2011 and the council in its conclusions of 13 september 2010 stressed the need to introduce a common procedure for the joint procurement of medical countermeasures , and in particular of pandemic vaccines , to allow member states , on a voluntary basis , to benefit from such group purchases . with regard to pandemic vaccines , in the context of limited production capacities at global level , such a procedure would increase the availability of those products and ensure fairer access to them among member states participating in the joint procurement . ### the european parliament in its resolution of 8 march 2011 and the council in its conclusions of 13 september 2010 stressed the need to introduce a common procedure for the joint procurement of medical countermeasures , and in particular of pandemic vaccines , to allow member states , on a voluntary basis , to benefit from such group purchases and to obtain advantageous prices and order flexibility with regard to a given product . with regard to pandemic vaccines , in the context of limited production capacities at global level , such a procedure is undertaken with the aim of enabling more equitable access to vaccines for the member states involved , to help them better meet the vaccination needs of their citizens , in line with vaccination policies in the member states .


### – conferences and events to promote debate and raise awareness of the importance and benefits of the right to free movement and residence and more generally citizens ' rights as union citizens ; ### – conferences , campaigns at schools , universities and city - halls , hearings - also via the internet - and events at union , national , regional and local levels to promote debate and raise awareness of the importance and benefits of the citizens ' rights as union citizens , especially targeting minorities , migrants and other categories of citizens that find difficulties in exercising their union rights ;


### – strengthening of the role and visibility of the multilingual europe direct and your europe web portal as key elements of a ' one - stop - shop ' information system on union citizens ' rights ; ### – significant strengthening of the role and visibility of the commission , european parliament , europe direct and your europe multilingual web portal as key elements of a ' one - stop - shop ' information system on union citizens ' rights , while respecting the principle of multilingualism ;


### given that the right to free movement significantly improves individuals ' lives , it is vital that information about the existence of this right and the conditions for exercising it is available as broadly as possible . as all union citizens are potential beneficiaries of this right , awareness raising efforts should be made across the union . ### given that the right to free movement significantly improves individuals ' lives , it is vital that information about the existence of this right , the conditions for exercising it and the ways to have it upheld is available as broadly as possible . as a considerable number of union citizens exercise this right and since all union citizens are potential beneficiaries of it , awareness raising efforts should be made across the union .


### awareness of the electoral rights guaranteed to union citizens is of primary importance in this respect . union citizens should be fully aware of their right to vote and stand as candidates in the municipal and european parliament elections in their member state of residence . at the same time , political participation can contribute to the integration of union citizens into the society of their chosen member states of residence . ### knowledge of the electoral rights guaranteed to union citizens is of primary importance in this respect . union citizens should be fully aware of their right to vote and stand as candidates in the municipal and european parliament elections in their member state of residence . at the same time , political participation can contribute to the integration of union citizens into the society of their chosen member states of residence .


### the rights inherent to citizenship of the union are incorporated in the charter of fundamental rights of the european union . according to the charter ' s preamble , the union ‘ places the individual at the heart of its activities , by establishing a citizenship of the union and by creating an area of freedom , security and justice’ . chapter v of the charter sets down ‘ citizens’ rights ‘ , including , in its article 45 , the right of every citizen of the union to move and reside freely within the territory of the member states . ### the rights inherent to citizenship of the union are incorporated in the charter of fundamental rights of the european union . according to the charter ' s preamble , the union ‘ places the individual at the heart of its activities , by establishing a citizenship of the union and by creating an area of freedom , security and justice’ . chapter v of the charter sets down ‘ citizens’ rights ‘ , including , in its article 45 , the right of every citizen of the union to move and reside freely within the territory of the member states . the charter furthermore prohibits any discrimination in its article 21 .


### the rights inherent to citizenship of the union are incorporated in the charter of fundamental rights of the european union . according to the charter ' s preamble , the union ' places the individual at the heart of its activities , by establishing a citizenship of the union and by creating an area of freedom , security and justice ' . chapter v of the charter sets down ' citizens ' rights ' , including , in its article 45 , the right of every citizen of the union to move and reside freely within the territory of the member states . ### the rights inherent to citizenship of the union are incorporated in the charter of fundamental rights of the european union . according to the charter ' s preamble , the union ' is founded on the indivisible and universal values of human dignity , freedom , equality and solidarity ' and ' places the individual at the heart of its activities , by establishing the citizenship of the union and by creating an area of freedom , security and justice ' . chapter v of the charter sets down ' citizens ' rights ' , including , in its article 45 , the right of every citizen of the union to move and reside freely within the territory of the member states . that right should therefore , without further delay , be granted to romanian and bulgarian nationals .


### objective 3 : setting up and running it systems , their communication infrastructure and equipment supporting the management of migration flows across the external borders of the union ### objective 3 : setting up and running secure it systems , their communication infrastructure and equipment supporting the management of migration flows across the external borders of the union


### the penalties shall be effective , proportionate and dissuasive . in particular , where a ship is sent for recycling in a ship recycling facility which is not included in the european list the applicable penalties shall , as a minimum , correspond to the price paid to the shipowner for its ship . ### member states shall determine penalties applicable for infringements to the provisions of this regulation and shall take all measures necessary to ensure that they are implemented . the penalties provided for shall be effective , proportionate and dissuasive .


### member states may extend the application of this directive to other types of public sector websites than those referred to in paragraph 2 . ### member states may extend the application of this directive to other types of public sector websites than those referred to in paragraph 2 , including websites containing cultural content or educational , scientific and research information .


### by derogation from paragraph 2 , the commission may , on grounds of exceptional economic circumstances or following a reasoned request by the member state concerned addressed to the commission within ten days of adoption of the council conclusions referred to in paragraph 1 , propose to reduce the amount of the fine or to cancel it . ### by derogation from paragraph 2 , the commission may , on grounds of exceptional economic circumstances or in order to take into account any cumulative effect of sanctions imposed in accordance with regulation no … / 2011 on speeding up and clarifying the implementation of the excessive deficit procedure and regulation no … / 2011 on the effective enforcement of budgetary surveillance in the euro area , within ten days of adoption of the council decision referred to in paragraph 1 , propose to reduce the amount of the fine .


### a framework for delivering macro - financial assistance to third countries with which the union has important political , economic and commercial ties should make the assistance more effective . in particular , it should be possible to provide macro - financial assistance to third countries to encourage them to adopt economic policy measures likely to solve a balance of payments crisis . ### a framework for delivering macro - financial assistance to third countries should encourage them to adopt economic policy measures likely to solve a balance of payments crisis .


### macro - financial assistance shall be an exceptional financial instrument of untied and undesignated balance - of - payments support to eligible third countries and territories . it shall aim at restoring a sustainable external finance situation for countries facing external financing difficulties . it shall underpin the implementation of strong adjustment and structural reform measures designed to remedy balance of payments difficulties . ### macro - financial assistance shall be an exceptional financial instrument of untied and undesignated balance - of - payments support to beneficiary countries . it shall aim at restoring a sustainable external finance situation for beneficiary countries facing external financing difficulties . it shall underpin the implementation by such beneficiary countries of relevant bilateral agreements and programmes with the union and shall be aimed at strong adjustment and structural reform measures designed to remedy balance of payments difficulties .


### macro - financial assistance may be granted on condition of the existence of a significant and residual external financing gap jointly identified with the multilateral financial institutions over and above the resources provided by the international monetary fund and other multilateral institutions , despite the implementation of strong economic stabilisation and reform programmes . ### macro - financial assistance may be granted on condition of the existence of a significant and residual external financing gap in the respective beneficiary country jointly identified with the european or multilateral financial institutions over and above the resources provided by the international monetary fund and other european or multilateral financial institutions , despite the implementation of strong economic stabilisation and reform programmes by the respective beneficiary country .


### the determination of the amounts of macro - financial assistance shall also take into account the need to ensure a fair burden sharing with other donors . ### the determination of the amount of macro - financial assistance shall also take into account the need to ensure a fair burden sharing between the union and the other donors . the union ' s contribution should be sufficient to guarantee that it brings union added value and should not normally be below 20% .


### the commission shall verify at regular intervals that the conditions referred to in article 6 and 6 continue to be met . ### the commission shall verify at regular intervals that the conditions referred to in article 6 , , and continue to be met . when verifying the implementation of article 6 , the commission shall closely consult the eeas and base its judgement on its evaluation .


### macro - financial assistance shall be conditional on the existence of an imf programme entailing the use of imf resources . ### macro - financial assistance shall be conditional on the existence of an imf programme entailing the use of imf resources or that of another european or multilateral financial institution .


### the commission should ensure that macro - financial assistance is in line with the key principles , objectives and measures taken within the different areas of external action and other relevant union policies . ### the commission should ensure in its choice of beneficiary countries and in the content of the memorandums of understanding that macro - financial assistance is in line with the key principles , objectives and measures taken within the different areas of external action and other relevant union policies .


### in case the financing needs of the beneficiary country decline fundamentally during the period of disbursement of the macro - financial assistance , the commission , acting in accordance with article 14 , may decide to reduce the amount of funds made available in the context of the assistance , suspend or cancel the assistance . ### in case the financing needs of the beneficiary country decline fundamentally during the period of disbursement of the macro - financial assistance , the commission shall be empowered to adopt delegated acts , in accordance with article 14a , to amend annex iia to reduce the amount of funds made available in the context of the assistance , suspend or cancel the assistance .


### macro - financial assistance should be complementary to the resources provided by the international monetary fund and other multilateral financial institutions and there should be a fair burden sharing with other donors . macro - financial assistance should ensure the added value of the involvement of the union . ### in general macro - financial assistance should be complementary to the resources provided by the international monetary fund and other european or multilateral financial institutions and there should be a fair burden sharing with those institutions and other donors . macro - financial assistance should be provided where it ensures the added value of the involvement of the union .


### in its conclusions of 8 october 2002 , the council established criteria to guide the eu ' s macro - financial assistance operations . it is appropriate to formalise these criteria in a legal act endorsed by both the parliament and the council while updating and clarifying them . ### in its conclusions of 8 october 2002 , the council established criteria to guide the eu ' s macro - financial assistance operations . it is appropriate to update and clarify these criteria in a legal act adopted by the european parliament and the council , inter alia in relation to the criteria for determining the appropriate form of assistance .


### the amount of the assistance shall be based on the residual external financing needs of the beneficiary country . these shall be established by the commission in cooperation with international financial institutions , based on a comprehensive and well documented quantitative assessment . in particular , the commission will draw on the latest balance of payments projections for the country in question produced by the imf and take into account the expected financial contributions from multilateral donors . ### the proposed amount of the assistance shall be based on the residual external financing needs of the beneficiary country . these shall be established by the commission in cooperation with the imf and other european or multilateral financial institutions , based on a comprehensive and well documented quantitative assessment . in particular , the commission shall draw on the latest balance of payments projections for the beneficiary country in question produced by the imf and other european or multilateral financial institutions and take into account the expected financial contributions from multilateral donors as well as pre - existing deployment of the union ' s other external financing instruments in the country concerned .


### if the conditions referred to in article 1 , article 2 , article 4 and article 6 are met , macro - financial assistance shall be granted by the commission acting in accordance with article 14 . ### upon receiving the request , the commission shall make an assessment as to whether the conditions referred to in article 1 , article 2 , article 4 and article 6 are met for granting macro - financial assistance . if those conditions are met , the commission shall determine the amount and the form of the assistance under the conditions referred to in article 5 and article 3 respectively .


### in case the conditions referred to in article 6 and 6 are not met , the commission can temporarily suspend , reduce or cancel the disbursement of the assistance . ### in case the conditions referred to in article 6 , , or are not met , the commission can temporarily suspend , reduce or cancel the disbursement of the assistance and inform the european parliament and the council thereof .


### this regulation shall enter into force on the twentieth day following that of its publication in the official journal of the european union and shall expire on 31 december 2013 . ### this regulation shall enter into force on the twentieth day following that of its publication in the official journal of the european union .


### in order to ensure uniform conditions for the implementation of this regulation , as regards the approval and management of macro - financial assistance operations in beneficiary countries , implementing powers should be conferred on the commission . those powers should be exercised in accordance with regulation 182 / 2011 of the european parliament and of the council laying down the rules and general principles concerning mechanisms for control by member states of the commission’s exercise of implementing powers . ### in order to ensure uniform conditions for the implementation of this regulation , implementing powers should be conferred on the commission . those powers should be exercised in accordance with regulation no 182 / 2011 of the european parliament and of the council laying down the rules and general principles concerning mechanisms for control by member states of the commission’s exercise of implementing powers .


### following the approval of the decision granting macro - financial assistance , the commission , acting in accordance with article 14 , shall agree the policy measures referred to in article 6 , , and with the beneficiary country . ### following the adoption of the delegated act on granting macro - financial assistance , the commission , acting in accordance with article 14 , shall agree in the memorandum of understanding the policy measures referred to in article 6 , , , and with the beneficiary country .


### the commission shall , if necessary , adopt an opinion on the draft budgetary plan by 30 november . ### the commission shall , if necessary , adopt an opinion on the draft budgetary plan by 30 november . the commission shall&#160 ; in this respect&#160 ; pay due&#160 ; attention&#160 ; to the implementation&#160 ; of the europe 2020 strategy for growth and jobs by the concerned member state . &#160 ;


### the seat of the agency shall be [ . . . ] ### the seat of the agency shall be [ . . . ] . the host member state shall ensure that the agency benefits from attractive conditions in respect of the accommodation to be provided for it and the rules applicable to its staff and members of its governing bodies , to be set out in a headquarters agreement . in order to ensure the best possible long - term functioning of the agency , a cost / benefit assessment should precede the conclusion of the headquarters agreement . particular account shall be taken of a member state’s willingness to provide resources of its own for hosting the agency , and its ability to do so , in order to ensure the agency’s smooth establishment and operation .


### facilitate the development of common methods and approaches ; ### facilitate the development of common methods and approaches , so as to ensure that the natural resources and the areas at sea are exploited fairly ;


### eur 2 713 500 000 of the overall financial envelope referred to in paragraph 1 shall be allocated to the sub - programme for environment ; ### eur 2 894 400 000 , which amounts to approximately 80 % of the overall financial envelope referred to in paragraph 1 , shall be allocated to the sub - programme for environment ;


### the commission shall adopt multiannual work programmes for the life programme . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 29 . ### the commission shall adopt multiannual work programmes for the life programme . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 29 . the commission shall ensure stakeholders are consulted adequately when multiannual work programmes are developed .


### in order to carry out its role in the initiation of environmental and climate policy development and implementation , the commission should use resources from the life programme to support the initiation , implementation and mainstreaming of union environmental and climate policy and legislation , including the purchase of services and goods . financial resources allocated to communication activities under this regulation shall also cover corporate communication on the political priorities of the union . ### in order to carry out its role in the initiation of environmental and climate policy development and implementation , the commission should use resources from the life programme to support the initiation , implementation and mainstreaming of union environmental and climate policy and legislation , including the purchase of services and goods . financial resources allocated to communication activities under this regulation shall also cover corporate communication on the political priorities of the union . in addition , the life programme should contribute to the implementation of action 3c ) under target 1 of the eu ' s biodiversity strategy according to which the commission and member states will facilitate enforcement of the nature directives by providing specific training programmes on natura 2000 for judges and public prosecutors , and by developing better compliance promotion capacities .


### the consumer , before agreeing to a suggested solution , is informed that : ### the parties , before agreeing to a proposed solution , are informed of the rights they are entitled to under applicable legal provisions and that they :


### adr procedures should be free of charge or of moderate costs for consumers so that it remains economically reasonable for consumers to use such procedures . ### adr procedures should be free of charge . in the event that costs are applied , they should be reasonable , proportionate and modest to ensure that the adr procedure is accessible , attractive and at a low cost for consumers .


### member states shall ensure that disputes covered by this directive can be submitted to an adr entity which complies with the requirements set out in this directive . ### member states shall facilitate access by consumers to adr procedures and shall ensure that disputes covered by this directive can be submitted to adr entities which comply with the quality criteria set out in this directive if both the trader and the consumer agree to do so .


### expertise and impartiality member states shall ensure that the natural persons in charge of alternative dispute resolution possess the necessary expertise and are impartial . this shall be guaranteed by ensuring that they : possess the necessary knowledge , skills and experience in the field of alternative dispute resolution ; are not liable to be relieved from their duties without just cause ; have no conflict of interest with either party to the dispute . ### expertise , independence and impartiality member states shall ensure that all natural persons in charge of alternative dispute resolution possess the necessary expertise and are operationally independent and impartial . this shall be guaranteed by ensuring that they : possess the necessary knowledge and skills in the field of alternative or judicial resolution of consumer disputes , as well as an understanding of law ; are appointed for a fixed term and are not liable to be relieved from their duties without just cause ; have no conflict of interest with either party to the dispute . 1a . for the purposes of paragraph 1 , point , member states shall ensure that specific training schemes for natural persons in charge of alternative dispute resolution are available . the commission shall assist member states in developing such training schemes and quality - control mechanisms . 1b . for the purposes of paragraph 1 , point , member states shall ensure that the natural persons in charge of alternative dispute resolution disclose any circumstances that may , or may be seen to , affect their independence or give rise to a conflict of interest . member states shall ensure that , in such circumstances the person concerned only agrees to act or continue to act if the parties explicitly consent and he or she is certain of being able to carry out the adr procedure in full independence in order to ensure complete impartiality . member states shall ensure that the obligation to disclose in accordance with this paragraph is a continuing obligation throughout the adr procedure . 1c . where the natural persons in charge of alternative dispute resolution are independent third parties , the circumstances to be disclosed in accordance with paragraph 1b include : any personal or business relationship with one or more of the parties during the last three years prior assuming the post ; any financial or other interest , direct or indirect , in the outcome of the adr procedure ; the person concerned having acted during the last three years prior assuming the post in any capacity other than for the purposes of adr for one or more of the parties , for a professional organisation or a business association of which one of the parties is a member or for any other member thereof . 1d . for the purposes of paragraph 1 , point , where the natural persons in charge of dispute resolution are employed exclusively by the trader or by a professional organisation or a business association of which the trader is a member , member states shall ensure that , unless those natural persons comply with the requirements in paragraph 1e , they are part of a collegial body composed of an equal number of representatives of consumer organisations and of representatives of the trader or , where appropriate , the professional organisation or business association : 1e . where the natural persons in charge of the dispute resolution are employed exclusively by the trader or by a professional organisation or a business association of which the trader is a member , and are not part of a collegial body as referred to paragraph 1d , member states shall ensure that they comply with following requirements : they are appointed for a sufficient duration to ensure the independence of their action ; they cannot receive any instructions from the trader either directly or indirectly ; their remuneration is entirely independent from the results of the adr procedure ; their autonomy is guaranteed through a dedicated budget separate from the trader ' s general budget , or , where appropriate , the general budget of the professional organisation or business association , providing the appropriate resources to ensure the effectiveness of adr procedures .


### member states shall ensure that traders established on their territories inform consumers about the adr entities by which they are covered and which are competent to deal with potential disputes between themselves and consumers . such information shall include the addresses of the relevant adr entities ' websites and specify whether or not the trader commits to use these entities to resolve disputes with consumers . ### member states shall ensure that traders established on their territories inform consumers about the adr entities by which they are covered and which they undertake to use and which are competent to deal with potential disputes between themselves and consumers . such information shall include the contact details and the addresses of the relevant adr entities ' websites .


### member states shall ensure that adr entities make publicly available on their websites and in printed form at their premises information on : ### member states shall ensure that adr entities make publicly available on their websites and in printed form at their premises clear and easily understandable information on :


### this directive shall apply to procedures for the out - of - court resolution of contractual disputes arising from the sale of goods or provision of services by a trader established in the union to a consumer resident in the union through the intervention of a dispute resolution entity which proposes or imposes a solution or brings the parties together with the aim of facilitating an amicable solution , hereinafter ' adr procedures ' . ### this directive shall apply to procedures for the out - of - court resolution of domestic and cross - border contractual disputes arising from the sale of goods or provision of services by a trader established in the union to a consumer resident in the union through the intervention of a dispute resolution entity which proposes or imposes a solution or brings the parties together with the aim of facilitating an amicable solution .


### adr procedures should be free of charge or of moderate costs for consumers so that it remains economically reasonable for consumers to use such procedures . ### adr procedures should be free of charge for consumers .


### have a website enabling the parties to submit a complaint online ; ### run and keep up to date a website which provides the parties with easy access to information concerning adr procedures and enables consumers to submit a complaint online or provides them with a postal address to which they can send complaints and the requisite supporting documents ;


### this directive is to contribute to the functioning of the internal market and to the achievement of a high level of consumer protection by ensuring that disputes between consumers and traders can be submitted to entities offering impartial , transparent , effective and fair alternative dispute resolution procedures . ### this directive is to contribute , by achieving a high level of consumer protection , to the proper functioning of the internal market by ensuring that when disputes arise between consumers and traders following the sale of goods or the provision of services consumers can submit a complaint to entities offering impartial , independent , transparent , effective and fair alternative dispute resolution procedures .


### member states shall ensure that traders established on their territories inform consumers about the adr entities by which they are covered and which are competent to deal with potential disputes between themselves and consumers . such information shall include the addresses of the relevant adr entities ' websites and specify whether or not the trader commits to use these entities to resolve disputes with consumers . ### member states shall ensure that traders established on their territories inform consumers about the adr entities that they commit to use to resolve potential disputes between themselves and consumers . such information shall include the addresses of the relevant adr entities ' websites .


### he has the choice as to whether or not to agree to a suggested solution ; ### they have the choice as to whether or not to agree to a suggested solution ;


### have a website enabling the parties to submit a complaint online ; ### maintain a website which provides the parties with all necessary information about the adr procedure in a clear and comprehensible manner , and which enables the consumer to submit a complaint online via email or other electronic means , as defined in regulation no . . . ; * . _____________ * oj : please insert the number of regulation of the european parliament and of the council on online dispute resolution for consumer disputes


### telecommunications networks and services are increasingly becoming internet - based infrastructures , with broadband networks and digital services closely interrelated . the internet is becoming the dominant platform for communication , services , and doing business . therefore , the trans - european availability of fast internet access and digital services in the public interest is essential for economic growth and the single market . ### telecommunications networks and services are increasingly becoming internet - based infrastructures , with broadband networks and digital services closely interrelated . the internet is becoming the dominant platform for communication , access to and dissemination of cultural , creative and educational content , services , and doing business . therefore , the trans - european availability of fast internet access and digital services in the public interest is essential for economic growth and the single market .


### contribute to economic growth and support the development of the single market resulting in the improvement of the competitiveness of the european economy , including small and medium sized enterprises . ### contribute to economic growth and social participation and support the development of the single market resulting in the improvement of the competitiveness of the european economy , including small and medium sized enterprises .


### a reduced annual flat fee , as laid down in part iv of the annex , shall apply in respect of medicinal products referred to in article 10 and article 10a of directive 2001 / 83 / ec and in respect of authorised homeopathic medicinal products and authorised herbal medicinal products , as defined respectively in article 1 and article 1 of directive 2001 / 83 / ec . ### a reduced annual flat fee , as laid down in part iv of the annex shall apply to generic medicinal products referred to in article 10 and medicinal products authorised under the provisions relating to well - established medicinal use referred to in article 10a of directive 2001 / 83 / ec , all products authorised in the community for at least 10 years , and in respect of authorised homeopathic medicinal products and authorised herbal medicinal products , as defined respectively in article 1 and article 1 of directive 2001 / 83 / ec .


### ' chargeable unit ' means each individual entry in the database referred to in article 57 of regulation no 726 / 2004 based on information from the list of all medicinal products for human use authorised in the union referred to in article 57 thereof . ### ' chargeable unit ' means a unit defined by the following data set from the medicinal products information included in the database referred to in article 57 of regulation no 726 / 2004 : marketing authorisation holder ; country where the marketing authorisation is valid ; active ingredient ; pharmaceutical form .


### the executive director of the agency shall provide the commission and the management board annually with information on the components that may have a bearing on the costs to be covered by the fees provided for in this regulation . this information shall include a cost breakdown related to the previous year and a forecast for the following year . the executive director of the agency shall also provide the commission and the management board once per year with the performance information set out in part v of the annex based on the performance indicators referred to in paragraph 3 . ### the executive director of the agency shall provide in the annual report delivered to the european parliament , the council , the commission , the european economic and social committee , the court of auditors and the member states according to article 65 paragraph 10 of regulation no 726 / 2004 with information on the components that may have bearing on the costs to be covered by the fees provided for in this regulation . this information shall include a cost breakdown related to the previous year and a forecast for the following year . the agency shall also publish this overview in its public annual report . the executive director of the agency shall also provide the commission and the management board once per year with the performance information set out in part v of the annex based on the performance indicators referred to in paragraph 3 .


### the executive director of the agency shall provide the commission and the management board annually with information on the components that may have a bearing on the costs to be covered by the fees provided for in this regulation . this information shall include a cost breakdown related to the previous year and a forecast for the following year . the executive director of the agency shall also provide the commission and the management board once per year with the performance information set out in part v of the annex based on the performance indicators referred to in paragraph 3 . ### the executive director of the agency shall provide in the annual report delivered to the european parliament , the council , the commission , the european economic and social committee , the court of auditors and the member states according to article 65 paragraph 10 of regulation no 726 / 2004 with information on the components that may have bearing on the costs to be covered by the fees provided for in this regulation . this information shall include a cost breakdown related to the previous year and a forecast for the following year . the agency shall also publish this overview in its public annual report . the executive director of the agency shall also provide the commission and the management board once per year with the performance information set out in part v of the annex based on the performance indicators .


### ' chargeable unit ' means each individual entry in the database referred to in article 57 of regulation no 726 / 2004 based on information from the list of all medicinal products for human use authorised in the union referred to in article 57 thereof . ### ' chargeable unit ' means a unit defined by the following data set from the medicinal products information included in the database referred to in article 57 of regulation no 726 / 2004 : name of the medicinal product ; b ) marketing authorisation holder ; c ) country where the marketing authorisation is valid ; d ) active ingredient ; e ) pharmaceutical form .


### having regard to the treaty on the functioning of the european union , and in particular article 325 thereof , ### having regard to the treaty on the functioning of the european union , and in particular article 83 thereof ,


### after finalisation of research or studies in the member state , third - country nationals shall be entitled to stay on the territory of the member state for a period of 12 months in order to look for work or set up a business , if the conditions laid down in points and to of article 6 are still fulfilled . in a period of more than 3 and less than 6 months , third - country nationals may be requested to provide evidence that they continue to seek employment or are in the process of setting up a business . after a period of 6 months , third - country nationals may additionally be requested to provide evidence that they have a genuine chance of being engaged or of launching a business . ### after finalisation of research or studies in the member state , third - country nationals shall be entitled to stay on the territory of the member state for a period of at least 18 months in order to look for work or set up a business , if the conditions laid down in points and to of article 6 are still fulfilled . in a period of more than 3 and less than 6 months , third - country nationals may be requested to provide evidence that they continue to seek employment or are in the process of setting up a business . after a period of 6 months , third - country nationals may additionally be requested to provide evidence that they have a genuine chance of being engaged or of launching a business .


### member states shall withdraw an authorisation in the following cases : ### member states may withdraw an authorisation in the following cases :


### by way of derogation from article 16 of directive 2003 / 87 / ec , member states shall take no action against aircraft operators in respect of requirements set out in article 12 and article 14 of directive 2003 / 87 / ec arising before 1 january 2014 in respect of activity to or from aerodromes in countries outside the european union that are not members of efta , dependencies and territories of eea member states or countries having signed a treaty of accession with the union , where such aircraft operators have not been issued free allocations for such activity in respect of 2012 or , if they have been issued such allowances , have returned a corresponding number of allowances to member states for cancellation . ### by way of derogation from article 16 of directive 2003 / 87 / ec , member states shall take no action against aircraft operators in respect of requirements set out in article 12 and article 14 of directive 2003 / 87 / ec arising before 1 may 2014 in respect of activity within the european union and from aerodromes in countries outside the european union where such aircraft operators have not been issued free allocations for such activity in respect of the relevant year or , if they have been issued such allowances , have returned a corresponding number of allowances to member states for cancellation .


### in addition to its core mission of financing investment in the european union , the european investment bank has since 1963 undertaken financing operations outside the european union in support of the eu ' s external policies . this allows the eu budget funds available to the external regions to be complemented by the financial strength of the eib for the benefit of beneficiary countries . ### in addition to its core mission of financing investment in the european union , the european investment bank has since 1963 undertaken financing operations outside the european union in support of the eu ' s external policies . this allows the eu budget funds available to the external regions to be complemented by the financial strength of the eib for the benefit of beneficiary countries and with a view to achieving the eu external policy objectives . therefore , the eib should clearly link its financing instruments with the eu objectives .


### any suspension or withdrawal of the protection measure . ### any suspension , withdrawal or review of the protection measure .


### upon reception of the certificate pursuant to article 5 provided by the protected person , the competent authorities of the member state of recognition shall , without delay and where necessary according to the rules of regulation no 1393 / 2007 , bring to the notice of the person causing the risk and to the protected person : ### upon reception of the certificate pursuant to article 5 , the competent authorities of the member state of recognition shall , without delay and where necessary according to the rules of regulation no 1393 / 2007 , bring to the notice of the person causing the risk and the protected person and , where appropriate , to that of the legal representative , guardian or tutor of those persons , in a manner compatible with article 15 :


### ' protection measure ' means any decision , whatever it may be called , of a preventive and temporary nature taken by an authority in a member state in accordance with its national law with a view to protecting a person when serious reasons exist to consider the person ' s physical and / or psychological integrity or liberty to be at risk . it shall include measures ordered without the person causing the risk being summoned to appear . ### ' protection measure ' means any decision , whatever it may be called , of a preventive and temporary nature taken by an authority in a member state in accordance with its national law with a view to protecting a person when serious reasons exist to consider the person ' s life , physical and / or psychological integrity , dignity , personal liberty and security or sexual integrity to be at risk . it shall include measures ordered without the person causing the risk being summoned to appear .


### scope , definitions and jurisdiction ### objective , scope , definitions and jurisdiction


### this regulation applies to protection measures taken in civil proceedings whatever the nature of the authority , be it a court , a tribunal , an administrative or any other authorities . ### this regulation applies to protection measures taken in civil matters whatever the nature of the authority , be it a court , a tribunal , an administrative authority or any other authority .


### the european union has set itself the objective of maintaining and developing an area of freedom , security and justice , facilitating access to justice , in particular through the principle of mutual recognition of judicial and extra - judicial decisions in civil matters . in order to establish progressively such an area , the union should adopt , amongst other things , measures relating to judicial cooperation in civil matters , particularly when necessary for the proper functioning of the internal market . ### the european union has set itself the objective of maintaining and developing an area of freedom , security and justice , facilitating access to justice , in particular through the principle of mutual recognition of judicial and extra - judicial decisions in civil matters . in order to establish progressively such an area , the union should adopt , amongst other things , measures relating to judicial cooperation in civil matters , particularly when necessary for the proper functioning of the internal market and for the full exercise by citizens of the union of their right to move and reside freely in the territory of the member states .


### ' protection measure ' means any decision , whatever it may be called , of a preventive and temporary nature taken by an authority in a member state in accordance with its national law with a view to protecting a person when serious reasons exist to consider the person ' s physical and / or psychological integrity or liberty to be at risk . it shall include measures ordered without the person causing the risk being summoned to appear . the following are notably protection measures : an obligation not to enter certain localities , places or defined areas where the protected person resides , works or that he visits ; or an obligation not to enter into contact , in any form , with the protected person , including by phone , electronic or ordinary mail , fax or any other means ; or an obligation not to approach the protected person closer than a prescribed distance ; or a decision attributing the exclusive use of the common housing of two persons to the protected person . ### ' protection measure ' means any decision , whatever it may be called , of a preventive and temporary nature taken by an authority in a member state in accordance with its national law with a view to protecting an individual person when serious reasons exist to consider the person ' s life , physical and / or psychological integrity , dignity , personal liberty or sexual integrity to be at risk . it shall include measures ordered without the person causing the risk being summoned to appear . protection measures may include one or more of the following obligations or prohibitions : a prohibition from entering and / or remaining in certain localities , places or defined areas where the protected person resides , works or that he visits ; or a prohibition or regulation of contact , in any form , with the protected person , including by phone , electronic or ordinary mail , fax or any other means ; or a prohibition or regulation on approaching the protected person closer than a prescribed distance ; or a decision attributing the exclusive use of the common housing of two persons to the protected person ; or any other prohibitions or regulations imposed in order to guarantee the protection of the protected person .


### the programme shall be implemented in accordance with the principles of the european statistics code of practice with a view to producing and disseminating high - quality , harmonised european statistics and ensuring the proper functioning of the european statistical system as a whole . appropriate measures shall be taken to ensure good coordination and effective priority setting within the ess in order to contribute to the reduction of administrative burden on statistical respondents . national authorities and the union statistical authority shall ensure that european statistics comply with the european quality standards and serve the needs of european union institutional users , governments , regional authorities , research institutions , civil society organisations , enterprises and the public . ### the programme shall be implemented in accordance with the principles of the european statistics code of practice with a view to producing and disseminating high - quality , harmonised european statistics and ensuring the proper functioning of the european statistical system as a whole . appropriate measures shall be taken to ensure good coordination and effective priority setting within the ess in order to contribute to the reduction of administrative burden on statistical respondents . national authorities and the union statistical authority shall ensure that european statistics comply with the european quality standards and serve the needs of european union institutional users , governments , regional authorities , research institutions , civil society organisations , enterprises and the public . in setting priorities , an effort must be made to balance the additional costs arising from new statistics requirements by reducing existing statistics requirements , and this must be done in close cooperation with the member states . in planning new actions or major changes to existing statistics , the commission shall supply the reasons referred to in article 14 of regulation no 223 / 2009 on european statistics . cooperation between the member states’ statistical authorities and the eu statistical authority on the one hand and international statistical bodies on the other shall be intensified so as to ensure in particular the consistency and comparability of statistics .


### physically protect data , including by making contingency plans for the protection of critical infrastructure ; ### physically protect data , including by making contingency plans for the protection of relevant infrastructure ;


### even though the original purpose for the establishment of eurodac did not require the facility of requesting comparisons of data with the database on the basis of a latent which is the dactyloscopic trace which may be found at a crime scene , such a facility is a fundamental one in the field of police cooperation . the possibility to compare a latent with the fingerprint data which is stored in eurodac will provide the designated authorities of the member states with a very valuable tool in preventing , detecting and investigating terrorist offences and other serious criminal offences , when for example the only evidence available at a crime scene are latents . ### even though the original purpose for the establishment of eurodac did not require the facility of requesting comparisons of data with the database on the basis of a latent which is the dactyloscopic trace which may be found at a crime scene , such a facility is a fundamental one in the field of police cooperation . the possibility to compare a latent with the fingerprint data which is stored in eurodac in cases where there are reasonable grounds for believing that the perpetrator or victim may fall into one of the categories covered by this regulation will provide the designated authorities of the member states with a very valuable tool in preventing , detecting and investigating terrorist offences and other serious criminal offences , when for example the only evidence available at a crime scene are latents .


### the agency , shall be responsible for the operational management of eurodac . the agency shall ensure , in cooperation with the member states , that at all times the best available technology , subject to a cost - benefit analysis , is used for the central system . ### the agency shall be responsible for the operational management of eurodac . the agency shall ensure , in cooperation with the member states , that at all times the best available techniques , subject to a cost - benefit analysis , are used for the central system .


### each member state and europol shall prepare annual reports on the effectiveness of the comparison of fingerprint data with eurodac data for law enforcement access purposes , containing information and statistics on the exact purpose of the comparison , including the type of a terrorist offence or a serious criminal offence , number of requests for comparison , the number and type of cases which have ended in successful identifications and on the need and use made of the exceptional case of urgency as well as on those cases where that urgency was not accepted by the ex post verification carried out by the verifying authority . such reports shall be transmitted to the commission . ### each member state and europol shall prepare annual reports on the effectiveness of the comparison of fingerprint data with eurodac data for law enforcement access purposes , containing information and statistics on the exact purpose of the comparison , including the type of a terrorist offence or a serious criminal offence , grounds given for reasonable suspicion , number of requests for comparison , the number and type of cases which have ended in successful identifications and on the need and use made of the exceptional case of urgency as well as on those cases where that urgency was not accepted by the ex post verification carried out by the verifying authority . such reports shall be transmitted to the commission . based on these annual reports and in addition to the overall evaluation provided for in paragraph 5 , the commission shall compile an annual report on law enforcement access to eurodac and shall transmit the evaluation to the european parliament , the council and the edps .


### transfers of data obtained pursuant to this decision to third countries or international organisations or private entities should be prohibited , in order to ensure the right to asylum and to safeguard applicants for international protection from having their data disclosed to any third country . this prohibition shall be without prejudice to the right of member states to transfer such data to third countries to which regulation no [ … / … ] [ establishing the criteria and mechanisms for determining the member state responsible for examining an application for international protection lodged in one of the member states by a third - country national or a stateless person ] applies , in order to ensure that member states have the possibility of cooperating with such third countries for the purposes of this regulation . ### transfers of data obtained pursuant to this decision to third countries or international organisations or private entities should be prohibited , in order to ensure the right to asylum and to safeguard applicants for international protection from having their data disclosed to any third country . this prohibition shall be without prejudice to the right of member states to transfer such data to third countries to which regulation no [ … / … ] [ establishing the criteria and mechanisms for determining the member state responsible for examining an application for international protection lodged in one of the member states by a third - country national or a stateless person ] applies , in order to ensure that member states have the possibility of cooperating with such third countries for the purposes of this regulation . the prohibition of transfer to third countries should cover both eurodac data obtained under this regulation and personal data exchanged bilaterally subsequent to a eurodac search which are stored or processed at national level .


### article 18 marking of data the member state of origin which granted international protection to an applicant for international protection whose data were previously recorded pursuant to article 11 in the central system shall mark the relevant data in conformity with the requirements for electronic communication with the central system established by the agency . this mark shall be stored in the central system in accordance with article 12 for the purpose of transmission under article 9 . 2 . the member state of origin shall unmark data concerning a third country national or stateless person whose data were previously marked in accordance with paragraph 1 if his or her status is revoked or ended or renewal of his status is refused under article 14 or 19 of council directive 2004 / 83 / ec . ### article 18 blocking of data data relating to an applicant for international protection which have been recorded pursuant to article 11 shall be blocked in the central database if that person is granted international protection in a member state . such blocking shall be carried out by the central system on the instructions of the member state of origin . 2 . hits concerning persons who have been granted international protection in a member state shall not be transmitted . the central system shall return a negative result to the requesting member state .


### there are reasonable grounds to consider that such comparison with eurodac data will contribute to the prevention , detection or investigation of any of the criminal offences in question . ### there is an overriding public security concern which makes proportionate the querying of a database registering persons with a clean criminal record , and there are reasonable grounds to consider that such comparison with eurodac data will substantially contribute to the prevention , detection or investigation of any of the criminal offences in question because there are serious grounds to believe that persons in respect of whom comparison with eurodac is requested will commit or have committed terrorist offences or other serious criminal offences or are victims of a terrorist or serious criminal offence .


### where a person covered by this regulation is a minor , member states shall provide the information in an age - appropriate manner . ### where a person covered by this regulation is a minor , member states shall provide the information in an age - appropriate manner . the best interests of children shall be the primary consideration of member states when implementing this article .


### member states shall designate the authorities which are authorised to access eurodac data pursuant to this regulation . designated authorities shall be authorities of the member states which are responsible for the prevention , detection or investigation of terrorist offences and other serious criminal offences . ### for the purposes laid down in article 1 , member states shall designate the authorities which are authorised to access eurodac data pursuant to this regulation . designated authorities shall be authorities of the member states which are responsible for the prevention , detection or investigation of terrorist offences and other serious criminal offences .


### personal data obtained by a member state or europol pursuant to this regulation from eurodac shall be erased in national and europol files after a period of one month , if the data are not required for a specific ongoing criminal investigation by that member state , or europol . ### personal data , as well as the record of the search , obtained by a member state or europol pursuant to this regulation from eurodac shall be erased in national and europol files after a period of one month , if the data are not required for the purposes of the specific ongoing criminal investigation for which the data has been requested by that member state , or europol .


### for the purposes of protection of personal data , and to exclude systematic comparisons which should be forbidden , the processing of eurodac data should only take place on a case - by - case basis and when it is necessary for the purposes of preventing , detecting and investigating terrorist offences and other serious criminal offences . in addition access should only be allowed when comparisons with the national databases of the member state and with the automated fingerprint databases of other member states under the council decision 2008 / 615 / jha of 23 june 2008 on the stepping up of cross - border cooperation , particularly in combating terrorism and cross - border crime have returned negative results . this condition requires prior implementation of the council decision as it shall not be permitted to conduct a eurodac check for law enforcement purposes where these above steps have not been first undertaken . a specific case exists in particular when the request for comparison is connected to a specific and concrete situation or to a specific and concrete danger associated with a terrorist or other serious criminal offence , or to specific persons in respect of whom there are serious grounds for believing that the persons will commit or have committed terrorist offences or other serious criminal offences . a specific case also exists when the request for comparison is connected to a person who is a victim of a terrorist or other serious criminal offence . the designated authorities and europol should thus only request a comparison with eurodac when they have reasonable grounds to believe that such a comparison will provide information that will substantially assist them in preventing , detecting or investigating a terrorist or other serious criminal offence . ### for the purposes of protection of personal data , and to exclude systematic comparisons which should be forbidden , the processing of eurodac data should only take place on a case - by - case basis and when it is necessary for the purposes of preventing , detecting and investigating terrorist offences and other serious criminal offences . in addition access should only be allowed when comparisons with the national databases of the member state , with the automated fingerprint databases of other member states under the council decision 2008 / 615 / jha of 23 june 2008 on the stepping up of cross - border cooperation , particularly in combating terrorism and cross - border crime have returned negative results . this condition requires prior implementation of council decision 2008 / 615 / jha as it shall not be permitted to conduct a eurodac check for law enforcement purposes where these above steps have not been first undertaken . designated authorities should also be encouraged to consult the visa information system under council decision 2008 / 633 / jha of 23 june 2008 concerning access for consultation of the visa information system by designated authorities of member states and by europol for the purposes of the prevention , detection and investigation of terrorist offences and of other serious criminal offences1 where appropriate prior to consulting eurodac . a specific case exists in particular when the request for comparison is connected to a specific and concrete situation or to a specific and concrete danger associated with a terrorist or other serious criminal offence , or to specific persons in respect of whom there are serious grounds for believing that the persons will commit or have committed terrorist offences or other serious criminal offences . a specific case also exists when the request for comparison is connected to a person who is a victim of a terrorist or other serious criminal offence . the designated authorities and europol should thus only request a comparison with eurodac when they have reasonable grounds to believe that such a comparison will provide information that will substantially assist them in preventing , detecting or investigating a terrorist or other serious criminal offence . ___________________ 1 oj l 218 , 13 . 8 . 2008 , p . 129 .


### requests for comparison with data stored in the eurodac central database shall be made by the operating units within the designated authorities to the national access point , through the verifying authority and shall be reasoned . the operating units within the designated authorities that are authorised to request comparisons with eurodac data shall not act as a verifying authority . the verifying authorities should be responsible for ensuring strict compliance with the conditions for access as established in this regulation . the verifying authorities should then forward the request for comparison through the national access point to the eurodac central system following verification of whether all conditions for access are fulfilled . in the exceptional case of urgency where early access is necessary to respond to a specific and actual threat related to terrorist offences or serious crime , the verifying authority should process the request immediately and only do the verification afterwards . ### requests for comparison with data stored in the eurodac central database shall be made by the operating units within the designated authorities to the national access point , through the verifying authority and shall be reasoned . the operating units within the designated authorities that are authorised to request comparisons with eurodac data shall not act as a verifying authority . the verifying authorities should be independent of the designated authorities and responsible for ensuring strict compliance with the conditions for access as established in this regulation . the verifying authorities should then forward the request for comparison through the national access point to the eurodac central system following verification of whether all conditions for access are fulfilled . in the exceptional case of urgency where early access is necessary to respond to a specific and actual threat related to terrorist offences or serious crime , the verifying authority should process the request immediately and only do the verification afterwards .


### it is appropriate to monitor and evaluate the performance of eurodac at regular intervals . ### it is appropriate to monitor and evaluate the performance of eurodac at regular intervals , including whether law enforcement access has led to the stigmatisation of applicants for international protection as raised in the commission ' s evaluation of the compliance of the proposal with the charter of fundamental rights .


### the designated authorities referred to in article 5 and europol may submit a reasoned electronic request to the verifying authority for the transmission for comparison of fingerprint data to the eurodac central system via the national access point . upon receipt of such a request , the verifying authority shall verify whether the conditions for requesting a comparison referred to in article 20 or article 21 , as appropriate , are fulfilled . ### the designated authorities referred to in article 5 and europol may submit a reasoned electronic request as provided for in article 20 to the verifying authority for the transmission for comparison of fingerprint data to the eurodac central system via the national access point . upon receipt of such a request , the verifying authority shall verify whether the conditions for requesting a comparison referred to in article 20 or article 21 , as appropriate , are fulfilled .


### the eu database shall be publicly accessible unless , for all or parts of the data and information contained therein , confidentiality is justified on any of the following grounds : ### the eu database shall be publicly accessible in accordance with the provisions of regulation 1049 / 2001 unless , for parts of the data and information contained therein , confidentiality is justified on any of the following grounds :


### the exchange of confidential data relating to intra - eu trade statistics should be allowed between member states with a view to increasing the efficiency of the development , production and dissemination or to improving the quality of those statistics . ### the exchange of confidential data relating to intra - eu trade statistics should be allowed between member states with a view to increasing the efficiency of the development , production and dissemination or to improving the quality of those statistics . the exchange of confidential data should be limited to a period of five years . the exchange of information should be voluntary and not mandatory in nature .


### the power to adopt delegated acts referred to in articles 3 , 6 , 10 and , 12 and shall be conferred on the commission for an indeterminate period of time from [ ] . ### the power to adopt delegated acts referred to in articles 3 , 6 , 10 and , 12 and shall be conferred on the commission for a period of five years from [ ( publication office : please insert the exact date of the entry into force of the amending regulation ] . the commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the 5 - year period . the delegation of power shall be tacitly extended for periods of an identical duration , unless the european parliament or the council opposes such extension not later than three months before the end of each period .


### the power to adopt delegated acts referred to in articles 3 , 6 , 10 and , 12 and shall be conferred on the commission for an indeterminate period of time from [ ] . ### the power to adopt delegated acts referred to in articles 3 , 6 , 10 and , 12 and shall be conferred on the commission for a period of 5 years from [ publication office : please insert the exact date of the entry into force of this regulation ] . the commission shall draw up a report in respect of the delegation of power not later than 9 months before the end of the 5 year period . the delegation of power shall be tacitly extended for periods of an identical duration , unless the european parliament or the council opposes such extension not later than 3 months before the end of each period .