### where appropriate , the authority should consult interested parties on technical standards , guidelines and recommendations and provide them with a reasonable opportunity to comment on proposed measures . for reasons of efficiency , a banking stakeholder group should be established for that purpose , representing in balanced proportions community credit and investment institutions , their employees , and consumers and other retail users of banking services , including smes . the banking stakeholder group should actively work as an interface with other user groups in the financial services area established by the commission or community legislation . ### the authority should consult interested parties on technical standards , guidelines and recommendations and provide them with a reasonable opportunity to comment on proposed measures . before adopting draft technical standards , guidelines and recommendations the authority should carry out an impact study . for reasons of efficiency , a banking stakeholder group should be established for that purpose , representing in balanced proportions union credit and investment institutions , their employees , academia and consumers and other retail users of banking services , including smes . the banking stakeholder group should actively work as an interface with other user groups in the financial services area established by the commission or by eu legislation .


### at the request of the authority , competent authorities and other public authorities of the member states shall provide the authority with all the necessary information to carry out the duties assigned to it by this regulation . ### at the request of the authority , competent authorities of the member states shall provide the authority with all the necessary information to carry out the duties assigned to it by this regulation .


### within three months of receipt of the draft standards , the commission shall decide whether to endorse the draft standards . the commission may extend that period by one month . the commission may endorse the draft standards only in part or with amendments where the community interest so requires . ### within three months of receipt of the draft standards , the commission shall decide whether to endorse the draft standards . the commission may extend that period by one month . in exceptional circumstances , the commission may endorse the draft standards only in part or with amendments where the european union interest so requires .


### before taking the decisions provided for in article 9 , article 10 and and article 11 and , the authority shall inform the addressee of its intention to adopt the decision , setting a time limit within which the addressee may express its views on the matter , taking full account of the urgency of the matter . ### before taking the decisions provided for in this regulation , the authority shall inform the addressee of its intention to adopt the decision , setting a time limit within which the addressee may express its views on the matter , taking full account of the urgency of the matter .


### the board of appeal shall be composed of six members and six alternates , who shall be individuals with relevant knowledge and experience , excluding current staff of the competent authorities or other national or community institutions involved in the activities of the authority . ### the board of appeal shall be composed of six members and six alternates . it shall comprise individuals , excluding current staff of the competent authorities or other national or eu institutions or financial institutions involved in the activities of the authority , of high repute with a proven record of relevant knowledge and professional expertise , including supervisory experience at a sufficiently high level in the fields of banking , insurance and occupational pensions , securities markets or other financial services , and at least two members with sufficient legal expertise to provide expert legal advice on the authority ' s exercise of its powers .


### without prejudice to the powers of the commission under article 226 of the treaty , where a competent authority does not comply with the decision of the authority , and thereby fails to ensure that a financial institution complies with requirements directly applicable to it by virtue of the legislation referred to in article 1 , the authority may adopt an individual decision addressed to a financial institution requiring the necessary action to comply with its obligations under community law , including the cessation of any practice . ### deleted


### the authority may develop technical standards in the areas specifically set out in the legislation referred to in article 1 . the authority shall submit its draft standards to the commission for endorsement . ### the authority may develop technical standards to complete , update and modify elements that are not essential to the legislative acts referred to in article 1 . the technical standards shall not imply strategic decisions and its content shall be delimited by the legislative acts on which they are based .


### where the authority maintains its decision , the council , acting by qualified majority as defined in article 205 of the treaty , shall , within two months , decide whether the authority ' s decision is maintained or revoked . ### where the authority maintains its decision , the council shall take a decision whether the authority ' s decision is maintained or revoked on the basis of a qualified majority of its members , as defined in article 16 of the eu treaty and in article 3 of the protocol on transitional provisions annexed to the treaty on european union and to the treaty on the functioning of the european union , at a meetings no later than two months after the authority has informed the member state as set out in the fourth subparagraph .


### the authority shall contribute adequate resources to the administrative support of the joint committee of european supervisory authorities . this includes staff , administrative , infrastructure , and operational expenses . ### the joint committee shall have a permanent secretariat , staffed on secondment from the three european supervisory authorities . the authority shall contribute adequate resources to administrative , infrastructure and operational expenses .


### before submitting them to the commission , the authority shall , where appropriate , conduct open public consultations on technical standards and analyse the potential related costs and benefits . ### the authority shall conduct open public consultations on technical standards and analyse the potential related costs and benefits before adopting draft technical standards . the authority shall also request an opinion or advice of the banking stakeholder group referred to in article 22 .


### in order to ensure cross - sectoral consistency in the activities of the european supervisory authorities , those authorities should coordinate closely in a joint committee of european supervisory authorities and reach common positions where appropriate . the joint committee of european supervisory authorities should assume all of the functions of the joint committee on financial conglomerates . where relevant , acts also falling within the area of competence of the european insurance and occupational pensions authority or the european securities and markets authority should be adopted in parallel by the european supervisory authorities concerned . ### in order to ensure cross - sectoral consistency in the activities of the european supervisory authorities , those authorities should coordinate closely through the joint committee and reach common positions where appropriate . the joint committee should coordinate the functions of the three european supervisory authorities in relation to financial conglomerates . where relevant , acts also falling within the area of competence of the european supervisory authority or the european supervisory authority should be adopted in parallel by the european supervisory authorities concerned . the joint committee should be chaired for a 12 - month term on a rotating basis by the chairpersons of the three european supervisory authorities . the chairperson of the joint committee should be a vice - chair of the european systemic risk board . the joint committee should have a permanent secretariat , staffed on secondment from the three european supervisory authorities , to allow for informal information - sharing and the development of a common cultural approach across the three european supervisory authorities .


### the joint committee of european supervisory authorities shall meet at least once every two months . ### the board of the joint committee of european supervisory authorities shall meet at least once every two months .


### the process for the development of technical standards in this regulation is without prejudice to the commission’s powers to adopt on its own initiative implementing measures under comitology procedures at level 2 of the lamfalussy structure as laid out in the relevant community legislation . the matters concerned by the technical standards do not involve policy decisions , and their content is framed by the community acts adopted at level 1 . development of the draft standards by the authority ensures that they fully benefit from the specialised expertise of national supervisory authorities . ### the process for the development of technical standards in this regulation is without prejudice to the commission’s powers to adopt on its own initiative implementing measures under comitology procedures at level 2 of the lamfalussy structure as laid out in the relevant european union legislation . the matters concerned by the technical standards should not involve policy decisions , and their content should be precisely framed by the european union acts adopted at level 1 . technical standards should be proportionate and take into account the differences in size and complexity of financial institutions . where level 2 measures are foreseen or already exist , such technical standards should respect these level 2 measures and only determine the conditions of application of those measures . development of the draft standards by the authority ensures that they fully benefit from the specialised expertise of national supervisory authorities .


### where appropriate , the authority should consult interested parties on technical standards , guidelines and recommendations and provide them with a reasonable opportunity to comment on proposed measures . for reasons of efficiency , a banking stakeholder group should be established for that purpose , representing in balanced proportions community credit and investment institutions , their employees , and consumers and other retail users of banking services , including smes . the banking stakeholder group should actively work as an interface with other user groups in the financial services area established by the commission or community legislation . ### the authority should consult interested parties on technical standards , guidelines and recommendations and provide them with a reasonable opportunity to comment on proposed measures . before adopting draft technical standards , guidelines and recommendations the authority should carry out an impact study . for reasons of efficiency , a banking stakeholder group should be established for that purpose , representing in balanced proportions community credit and investment institutions , trade unions , academics and consumers and other retail users of banking services , including smes . the banking stakeholder group should actively work as an interface with other user groups in the financial services area established by the commission or by eu legislation .


### the banking stakeholder group may submit opinions and advice to the authority on any issue related to the tasks of the authority specified in articles 7 and 8 . ### the banking stakeholder group may submit opinions and advice to the authority on any issue related to the tasks of the authority with particular focus on the tasks set out in specified in articles 7 and 8 .


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


### upon request from one or more competent authorities , from the commission or on its own initiative and after having informed the competent authority concerned , the authority may investigate the alleged incorrect application of community law . ### upon request from one or more competent authorities , from the commission , from the european parliament , the council or a member of the banking stakeholder group , or on its own initiative and after having informed the competent authority concerned , the authority may investigate the alleged incorrect application of union law .


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


### without prejudice to the powers of the commission under article 226 of the treaty , where a competent authority does not comply with the decision of the authority referred to in paragraph 2 within the period laid down therein , the authority may , where the relevant requirements laid down in the legislation referred to in article 1 are directly applicable to financial institutions , adopt an individual decision addressed to a financial institution requiring the necessary action to comply with its obligations under that legislation , including the cessation of any practice . ### deleted


### there is a need to introduce an effective instrument to establish harmonised technical standards in financial services to ensure , also through a single rulebook , a level playing field and an adequate protection of depositors , investors and consumers across europe . as a body with highly specialised expertise , it is efficient and appropriate to entrust the authority , in areas defined by community law , with the elaboration of draft technical standards , which do not involve policy choices . the commission should endorse those draft technical standards in accordance with community law in order to give them binding legal effect . the draft technical standards have to be adopted by the commission . they would be subject to amendment if , for example , the draft technical standards were incompatible with community law , would not respect the principle of proportionality or would run counter to the fundamental principles of the internal market for financial services as reflected in the acquis of community financial services legislation . to ensure a smooth and expedited adoption process for those standards , the commission should be subject to a time limit for its decision on the endorsement . ### there is a need to introduce an effective instrument to establish harmonised technical standards in financial services to ensure , also through a single rulebook , a level playing field and an adequate protection of depositors , investors and consumers across europe . as a body with highly specialised expertise , it is efficient and appropriate to entrust the authority , in areas defined by community law , with the elaboration of draft technical standards , which do not involve policy choices . when drafting the technical standards the authority shall adhere to the principle of proportionality by taking into consideration the different structures and risk profiles of financial institutions . in particular , the authorities shall seek to ensure that an unnecessary burden is not placed on democratically controlled cooperatives , which play an important role in respect of combating social exclusion at the level of local communities . the commission should endorse those draft technical standards in accordance with community law in order to give them binding legal effect . the draft technical standards have to be adopted by the commission . they would be subject to amendment if , for example , the draft technical standards were incompatible with community law , would not respect the principle of proportionality or would run counter to the fundamental principles of the internal market for financial services as reflected in the acquis of community financial services legislation . to ensure a smooth and expedited adoption process for those standards , the commission should be subject to a time limit for its decision on the endorsement .


### where the commission has adopted a decision pursuant to paragraph 1 , the authority may adopt individual decisions requiring competent authorities to take the necessary action in accordance with the legislation referred to in article 1 to address any risks that may jeopardise the orderly functioning and integrity of financial markets or the stability of the whole or part of the financial system by ensuring that financial institutions and competent authorities satisfy the requirements laid down in that legislation . ### where the council has adopted a decision pursuant to paragraph 1 , the authority may adopt individual decisions requiring competent authorities to take the necessary action in accordance with the legislation referred to in article 1 to address any such developments that may jeopardise the orderly functioning and integrity of financial markets or the stability of the whole or part of the financial system in the european union , by ensuring that financial institutions and competent authorities satisfy the requirements laid down in that legislation .


### the executive director , the commission and the esrb shall be invited to the meetings of the joint committee of european supervisory authorities as well as the sub - committees mentioned in article 43 as observers . ### the executive director , a representative of the commission and the esrb shall be invited to the meetings of the european supervisory authorities as well as the sub - committees mentioned in article 43 as observers .


### the joint committee shall be composed of the chairperson and the chairpersons of the european insurance and occupational pensions authority and the european securities and markets authority , and , where applicable , the chairperson of a sub - committee established under article 43 . ### the joint committee shall have a board composed of the chairpersons of the european supervisory authorities , and , where applicable , the chairperson of a sub - committee established under article 43 .


### the board of appeal shall be composed of six members and six alternates , who shall be individuals with relevant knowledge and experience , excluding current staff of the competent authorities or other national or community institutions involved in the activities of the authority . ### the board of appeal shall be composed of six members and six alternates , who shall be individuals with relevant knowledge and experience , excluding current staff of the competent authorities or other national or eu institutions or financial institutions involved in the activities of the authority .


### the authority may develop technical standards in the areas specifically set out in the legislation referred to in article 1 . the authority shall submit its draft standards to the commission for endorsement . ### the authority may develop technical standards in the areas specifically set out in the legislation referred to in article 1 . technical standards shall not include policy choices and shall be limited to determining the conditions of application of that legislation . the authority shall submit its draft standards to the commission for endorsement .


### the decisions which the authority takes pursuant to articles 9 , 10 and 11 shall be made public and shall state the identity of the competent authority or financial institution concerned and the main content of the decision , having regard to the legitimate interest of financial institutions in the protection of their business secrets . ### the decisions which the authority takes pursuant to articles 9 , 10 and 11 shall be made public and shall state the identity of the competent authority or financial institution concerned and the main content of the decision , unless such publication is in conflict with the legitimate interest of financial institutions in the protection of their business secrets or could seriously jeopardise the orderly functioning and integrity of financial markets or the stability of the whole or part of the financial system of the european union .


### a joint committee of the european supervisory authorities is hereby established . ### the european supervisory authorities is hereby established and shall have its headquarters in frankfurt .


### the standards shall be adopted by the commission by means of regulations or decisions and published in the official journal of the european union . ### the commission shall adopt delegated acts in accordance with articles 7a to 7d , designed to establish the technical standards referred to in paragraph 1 . those acts shall be in the form of regulations or decisions .


### where the commission has adopted a decision pursuant to paragraph 1 , the authority may adopt individual decisions requiring competent authorities to take the necessary action in accordance with the legislation referred to in article 1 to address any risks that may jeopardise the orderly functioning and integrity of financial markets or the stability of the whole or part of the financial system by ensuring that financial institutions and competent authorities satisfy the requirements laid down in that legislation . ### where the esrb has adopted a decision pursuant to paragraph 1 , the authority may adopt individual decisions requiring competent authorities to take the necessary action in accordance with this regulation and the legislation referred to in article 1 to address any risks that may jeopardise the orderly functioning and integrity of financial markets or the stability of the whole or part of the financial system by ensuring that financial market participants and competent authorities satisfy the requirements laid down in that legislation .


### a full time chairperson , selected by the board of supervisors through an open competition , should represent the authority . the management of the authority should be entrusted to an executive director , who should have the right to participate in meetings of the board of supervisors and the management board without the right to vote . ### a full - time chairperson , selected by the european parliament following an open competition managed by the commission and the subsequent drawing up of a short list by the commission , should represent the authority . the management of the authority should be entrusted to an executive director , who should have the right to participate in meetings of the board of supervisors and the management board without the right to vote .


### the authority shall have its seat in london . ### the authority shall have its seat in frankfurt .


### it is essential that business secrets and other confidential information are protected . the confidentiality of information exchanged in the network should likewise be safeguarded . ### it is essential that business secrets and other confidential information are protected . the confidentiality of information made available to the authority and exchanged in the network should be subject to stringent and effective confidentiality rules .


### joint committee of european supervisory authorities ### european supervisory authority


### the authority shall contribute adequate resources to the administrative support of the joint committee of european supervisory authorities . this includes staff , administrative , infrastructure , and operational expenses . ### the joint committee shall have a permanent secretariat , staffed by personnel on secondment from the three european supervisory authorities . the authority shall contribute a fair proportion of the administrative , infrastructure and operational expenses .


### the objective of the authority shall be to contribute to : improving the functioning of the internal market , including in particular a high , effective and consistent level of regulation and supervision , protecting depositors and investors , ensuring the integrity , efficiency and orderly functioning of financial markets , safeguarding the stability of the financial system , and strengthening international supervisory coordination . for this purpose , the authority shall contribute to ensuring the consistent , efficient and effective application of the community law referred to in article 1 above , fostering supervisory convergence and providing opinions to the european parliament , the council , and the commission . ### the objective of the authority shall be to contribute to : improving the functioning of the internal market , including in particular a high , effective and consistent level of regulation and supervision , protecting depositors and investors , ensuring the integrity , efficiency and orderly functioning of financial markets , safeguarding the stability of the financial system , strengthening international supervisory coordination and preventing regulatory arbitrage and contributing to a level playing field . for this purpose , the authority shall contribute to ensuring the consistent , efficient and effective application of the eu legislation referred to in article 1 , fostering supervisory convergence and providing opinions to the european parliament , the council , and the commission and undertaking an economic analysis of markets to promote the achievement of the authority ' s objectives .


### the council , acting by qualified majority as defined in article 205 of the treaty , shall , within ten working days , decide whether the authority ' s decision is maintained or revoked . ### the council , acting by qualified majority as defined in paragraph 2 subparagraph 5 , shall , within ten working days , decide whether the authority ' s decision is maintained or revoked .


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


### the executive director , the commission and the esrb shall be invited to the meetings of the joint committee of european supervisory authorities as well as the sub - committees mentioned in article 43 as observers . ### the executive director , a representative of the commission and the esrb shall be invited to the meetings of the board of the joint committee as well as the sub - committees mentioned in article 43 as observers .


### in the case of adverse developments which may seriously jeopardise the orderly functioning and integrity of financial markets or the stability of the whole or part of the financial system in the community , the commission , upon its own initiative or following a request by the authority , the council , or the esrb , may adopt a decision addressed to the authority , determining the existence of an emergency situation for the purposes of this regulation . ### in the case of adverse developments which may seriously jeopardise the orderly functioning and integrity of the of financial markets or the stability of the whole or part of the financial system in the european union , the authority shall actively facilitate and , where deemed necessary , coordinate any actions undertaken by the relevant national competent supervisory authorities .


### in order to ensure cross - sectoral consistency in the activities of the european supervisory authorities , those authorities should coordinate closely in a joint committee of european supervisory authorities and reach common positions where appropriate . the joint committee of european supervisory authorities should assume all of the functions of the joint committee on financial conglomerates . where relevant , acts also falling within the area of competence of the european insurance and occupational pensions authority or the european securities and markets authority should be adopted in parallel by the european supervisory authorities concerned . ### in order to ensure cross - sectoral consistency in the activities of the european supervisory authorities , those authorities should coordinate closely through the european supervisory authorities and reach common positions where appropriate . the joint committee should coordinate the functions of the three european supervisory authorities in relation to financial conglomerates . where relevant , acts also falling within the area of competence of the european supervisory authority or the european supervisory authority should be adopted in parallel by the european supervisory authorities concerned . the joint committee will be chaired on a yearly revolving basis by the chairpersons of the three european supervisory authorities . the chairperson of the joint committee should be a vice - chair of the european systemic risk board . the joint committee will have a permanent secretariat , staffed on secondment from the three european supervisory authorities , to allow for informal information sharing and the development of a common cultural approach across the three european supervisory authorities .


### the joint committee shall be composed of the chairperson and the chairpersons of the european insurance and occupational pensions authority and the european securities and markets authority , and , where applicable , the chairperson of a sub - committee established under article 43 . ### the joint committee shall have a board composed of the chairpersons of the european supervisory authorities and , where applicable , the chairperson of a sub - committee established under article 43 .


### the chair of the joint committee of european supervisory authorities shall be appointed on an annual rotational basis from among the chairpersons of the european banking authority , the european insurance and occupational pensions authority and the european securities and markets authority . ### the chair of the joint committee shall be appointed on an annual rotational basis from among the chairpersons of the european banking authority , the european insurance and occupational pensions authority and the european securities and markets authority . the chairperson of the joint committee shall be a vice - chair of the european systemic risk board .


### where the authority maintains its decision , the council , acting by qualified majority as defined in article 205 of the treaty , shall , within two months , decide whether the authority ' s decision is maintained or revoked . ### where the authority maintains its decision , the council shall take a decision whether the authority ' s decision is maintained or revoked on the basis of a qualified majority of its members , as defined in article 16 of the eu treaty and in article 3 of the protocol on transitional provisions annexed to the treaty on european union and to the treaty on the functioning of the european union , at a meetings no later than two months after the authority has informed the member state as set out in the fourth subparagraph .


### before taking the decisions provided for in article 9 , article 10 and and article 11 and , the authority shall inform the addressee of its intention to adopt the decision , setting a time limit within which the addressee may express its views on the matter , taking full account of the urgency of the matter . ### before taking the decisions provided for in this regulation , the authority shall inform the addressee of its intention to adopt the decision , setting a time limit within which the addressee may express its views on the matter , taking full account of the urgency , complexity and potential consequences of the matter .


### the european system of financial supervisors should be a network of national and community supervisory authorities , leaving day - to - day supervision of financial institutions at the national level , and according a central role in the supervision of cross - border groups to colleges of supervisors . greater harmonisation and the coherent application of rules for financial institutions and markets across the community should also be achieved . a european banking authority should be established , along with a european insurance and occupational pensions authority and a european securities and markets authority . ### the european system of financial supervision should be an integrated network of national and european supervisory authorities , leaving ordinary day - to - day supervision of financial institutions at the competent authorities of member states , and according a central role in the supervision of cross - border groups to colleges of supervisors . greater harmonisation and consistent and coherent application of european rules and standards for financial institutions and markets across the european should also be achieved . a european supervisory authority on banking should be established , along with a european supervisory authority on insurance and occupational pensions and a european supervisory authority on securities and markets as well as a joint committee among them . the european systemic risk board , as european authority in macro supervision , completes the esfs . the authority shall evolve according to the best practices recognised at european and international level . one such approach could be the establishment of a new level of direct supervision by the authority . to avoid international distortions and to strengthen the european system of financial supervision , the introduction of direct supervision should be carefully evaluated and considered in order to add value to the supervision of large financial institutions , many of which are global in nature and operate in the eu . this applies above all to those large financial institutions with wholesale banking or other activities that could pose systemic risk to the internal market , and those systemic financial institutions defined and identified at an international level . this issue shall be further studied in the first revision of the present regulation , as set out in article 66 , which should take place not later than three years from its entry into force .


### where appropriate , the authority should consult interested parties on technical standards , guidelines and recommendations and provide them with a reasonable opportunity to comment on proposed measures . for reasons of efficiency , a banking stakeholder group should be established for that purpose , representing in balanced proportions community credit and investment institutions , their employees , and consumers and other retail users of banking services , including smes . the banking stakeholder group should actively work as an interface with other user groups in the financial services area established by the commission or community legislation . ### the authority should consult interested parties on technical standards , guidelines and recommendations and provide them with a reasonable opportunity to comment on proposed measures . before adopting draft technical standards , guidelines and recommendations the authority should carry out an impact study . for reasons of efficiency , a banking stakeholder group should be established for that purpose , representing in balanced proportions community credit and investment institutions , trade unions , academics and consumers and other retail users of banking services , including smes . the banking stakeholder group should actively work as an interface with other user groups in the financial services area established by the commission or by eu legislation .


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


### the authority , the european insurance and occupational pensions authority and the european securities and markets authority shall ensure adequate operational and secretarial support for the board of appeal . ### the authority , the european supervisory authority and the european supervisory authority shall ensure adequate operational and secretarial support for the board of appeal through the joint committee .


### in order to safeguard financial stability it is necessary to identify , at an early stage , trends , potential risks and vulnerabilities stemming from the micro - prudential level , across borders and across sectors . the authority should monitor and assess such developments in the area of its competence and , where necessary , inform the european parliament , the council , the commission , the other european supervisory authorities and the european systemic risk board on a regular and , as necessary , ad hoc basis . the authority should also coordinate community - wide stress tests to assess the resilience of financial institutions to adverse market developments , ensuring an as consistent as possible methodology is applied at the national level to such tests . ### in order to safeguard financial stability it is necessary to identify , at an early stage , trends , potential risks and vulnerabilities stemming from the micro - prudential level , across borders and across sectors . the authority should monitor and assess such developments in the area of its competence and , where necessary , inform the european parliament , the council , the commission , the other european supervisory authorities and the european systemic risk board on a regular and , as necessary , ad hoc basis . the authority should also coordinate community - wide stress tests to assess the resilience of financial institutions to adverse market developments , ensuring an as consistent as possible methodology is applied at the national level to such tests . in order to inform the discharge of its functions , the authority should undertake economic analysis of markets and the impact of potential market developments on them .


### in order to ensure cross - sectoral consistency in the activities of the european supervisory authorities , those authorities should coordinate closely in a joint committee of european supervisory authorities and reach common positions where appropriate . the joint committee of european supervisory authorities should assume all of the functions of the joint committee on financial conglomerates . where relevant , acts also falling within the area of competence of the european insurance and occupational pensions authority or the european securities and markets authority should be adopted in parallel by the european supervisory authorities concerned . ### in order to ensure cross - sectoral consistency in the activities of the european supervisory authorities , those authorities should coordinate closely through the joint committee and reach common positions where appropriate . the joint committee should coordinate the functions of the three european supervisory authorities in relation to financial conglomerates . where relevant , acts also falling within the area of competence of the european supervisory authority or the european supervisory authority should be adopted in parallel by the european supervisory authorities concerned . the joint committee should be chaired for a 12 - month term on a rotating basis by the chairpersons of the three european supervisory authorities . the chairperson of the joint committee should be a vice - chair of the european systemic risk board . the joint committee should have a permanent secretariat , staffed on secondment from the three european supervisory authorities , to allow for informal information - sharing and the development of a common cultural approach across the three european supervisory authorities .


### in order to take account of future developments on wholesale energy markets , the commission shall adopt delegated acts in accordance with article 15 and subject to conditions of articles 16 an 17 , specifying the definitions set out at article 2 to . ### in order to take account of future developments on wholesale energy markets , the commission shall adopt delegated acts in accordance with article 15 and subject to conditions of articles 16 an 17 , specifying the definitions set out at article 2 to . the commission may adopt delegated acts developed in close cooperation with the agency . it is of particular importance that the agency or the commission carry out appropriate consultations during its preparatory work with interested parties in accordance with the provisions of article 10 of the regulation no 713 / 2009 as well as with esma , national regulatory authorities , national competition authorities and competent financial authorities in member states .


### in order to ensure the necessary flexibility in collecting information on transactions in wholesale energy products , the commission should be empowered to adopt delegated acts in accordance with article 290 of the treaty setting out the timing , form and content of the information which market participant are required to provide . reporting obligations should not create unnecessary costs for market participants . persons reporting transactions to a competent authority in accordance with the provisions of directive 2004 / 39 / ec of the european parliament and of the council of 21 april 2004 on markets in financial instruments , and to trade repositories and competent authorities in accordance with the provisions of regulation . . / . . of the european parliament and the council on otc derivatives , central counterparties and trade repositories should therefore not be subject to additional reporting obligations under this regulation . ### in order to ensure the necessary flexibility in collecting information on transactions in wholesale energy products , the commission should be empowered to adopt delegated acts in accordance with article 290 of the treaty setting out the timing , form and content of the information which market participant are required to provide . reporting obligations should not create unnecessary costs or administrative burdens for market participants , and should therefore undergo an ex ante cost - benefit analysis . persons reporting transactions to a competent authority in accordance with the provisions of directive 2004 / 39 / ec of the european parliament and of the council of 21 april 2004 on markets in financial instruments , and to trade repositories and competent authorities in accordance with the provisions of regulation . . / . . of the european parliament and the council on otc derivatives , central counterparties and trade repositories should therefore not be subject to double reporting obligations . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level . the commission , when preparing and drawing up delegated acts , should ensure a simultaneous , timely and appropriate transmission of relevant documents to the european parliament and council and ensure that the european parliament and the council are closely involved in the preparatory phase , notably by being invited to take part at the expert meetings .


### ' inside information ' means precise information which has not been made public , relating directly or indirectly to one or more wholesale energy products and which , if it were made public , could significantly affect the prices of such wholesale energy products ; for the purposes of applying the first subparagraph , information a reasonable market participant would be likely to use as part of the basis of his decision to enter into a transaction relating to a wholesale energy product is information which , if it were made public , would be likely to have a significant effect on the prices of such wholesale energy products . such information includes information related to the capacity of facilities for production , storage , consumption or transmission of electricity or natural gas , as well as information which is required to be disclosed in accordance with legal or regulatory provisions at union or national level , market rules , and contracts or customs on the relevant wholesale energy market . ### ' inside information ' means information of a precise nature which has not been made public , relating directly or indirectly to one or more wholesale energy products and which , if it were made public , could significantly affect the prices of such wholesale energy products ; for the purposes of applying the first subparagraph , inside information means information which : is required to be made public in accordance with the provisions of regulation no . 714 / 2009 , regulation no . 715 / 2009 or this regulation , including guidelines , network codes or delegated acts adopted pursuant to those regulations , or in accordance with other legislative or regulatory provisions at european union level , in particular directive 2009 / 72 / ec of the european parliament and of the council of 13 july 2009 concerning common rules for the internal market in electricity1 , and directive 2009 / 73 / ec of the european parliament and of the council of 13 july 2009 concerning common rules for the internal market in natural gas2 ; or a reasonable market participant would be likely to use as part of the basis of his decision to enter into transaction relating to a wholesale energy product , and which , if it were made public , would be likely to have a significant effect on the prices of such wholesale energy products . such information includes information related to updated estimates of energy reserves , the capacity of facilities for production , storage , consumption or transmission of electricity or natural gas or lng - facility , as well as information which is routinely made available to the relevant wholesale energy market , or required to be disclosed in accordance with legal or regulatory provisions at union or national level , market rules , and contracts or customs on the relevant wholesale energy market . ______________ 1 oj l 211 , 14 . 8 . 2009 , p . 55 . 2 oj l 211 , 14 . 8 . 2009 , p . 94 .


### – secure or attempt to secure , by a person or by persons acting in collaboration , the price of one or several wholesale energy products at an abnormal or artificial level , unless the person who entered into the transactions or issued the orders to trade establishes that his reasons for doing so are legitimate and that these transactions or orders to trade conform to accepted market practices on the wholesale energy market concerned ; or ### – secure or attempt to secure , by a person or by persons acting in collaboration , the price of one or several wholesale energy products at an abnormal or artificial level , unless the person who entered into the transactions or issued the orders to trade establishes that his reasons for doing so are legitimate ; or


### national regulatory authorities should be responsible for ensuring that this regulation is enforced in the member states . to this end they should have the necessary investigatory powers to allow them to carry out this task efficiently . ### national regulatory authorities should be responsible for ensuring that this regulation is enforced in the member states . to this end they should have the necessary investigatory powers to allow them to carry out this task efficiently . the agency should ensure that these investigatory powers are exercised consistently in a similar and proportionate manner . for this purpose , the commission may provide guidance to the national regulatory authorities or to the designated authority .


### where information is not commercially sensitive , the agency should be able to make that information available to market participants and the wider public . such transparency can help build confidence in the market and help the development of knowledge about the functioning of wholesale energy markets . ### where information is not commercially sensitive , or can be published in an aggregated and anonymised format , the agency should make that information available to market participants and the wider public . such transparency will help building confidence in the market and foster the development of knowledge about the functioning of wholesale energy markets .


### in order to take account of future developments on wholesale energy markets , the commission shall adopt delegated acts in accordance with article 15 and subject to conditions of articles 16 an 17 , specifying the definitions set out at article 2 to . ### in order to take account of future developments on wholesale energy markets , the commission shall be empowered to adopt delegated acts in accordance with article 15 concerning the definitions set out at article 2 to . those delegated acts shall be developed in close cooperation with the agency .


### sustainable agriculture and energy . ### sustainable agriculture , food security and nutrition , and sustainable energy ; - helping build developing countries ' resilience to shocks and tackling inequalities , by giving poor people better access to land , food , water , energy and finance without harming the environment , - supporting sustainable agricultural practices and relevant agricultural research , including the safeguarding of ecosystem services , giving priority to locally - developed practices and focusing on smallholder agriculture and rural livelihoods , formation of producer groups , the supply and marketing chain , and supporting women in agriculture , - encouraging government efforts to facilitate responsible private investment , as well as to adopt responsible rules on large scale land acquisitions , - supporting strategic approaches to food security , with a focus on food availability , access , nutrition , with a focus on combating malnutrition in the early ages , and stability , - addressing food insecurity and malnutrition in situations of transition and fragility , by supporting interventions to protect , maintain and recover productive and social assets vital for food security , to facilitate economic integration and longer - term rehabilitation , - supporting country - led , participatory , decentralised and environmentally sustainable territorial development , aimed at involving beneficiaries in the identification of investments , - improving access to modern , affordable , sustainable , efficient , clean energy services , with a priority for local and regional sustainable energy solutions , and decentralised energy production , to bring development priorities in line with environmental concerns .


### the union ' s policy and international action for development cooperation are guided by the mdgs , such as the eradication of extreme poverty and hunger , including any subsequent modifications thereto , and by the development objectives and principles approved by the union and its member states , including in the context of their cooperation within the united nations and other competent international organisations in the field of development cooperation . ### the union ' s policy and international action for development cooperation are guided by the mdgs , such as the eradication of extreme poverty and hunger , including any subsequent internationally agreed modifications thereto , and by the development objectives and principles and commitments approved by the union and its member states , including in the context of their cooperation within the united nations and other competent international organisations in the field of development cooperation . the union ' s policy and international action is also guided by its commitments and obligations concerning human rights and development , including the universal declaration on human rights , the united nations convention on the rights of the child , the international covenant on civil and political rights , the international covenant on economic , social and cultural rights , the convention on the elimination of all forms of discrimination against women and the un declaration on the right to development .


### this regulation should provide an enabling framework for programming , allowing enhanced consistency between union policies by using a joint framework document as a basis for programming . it should enable full alignment with partner countries and regions by relying , where appropriate , on national development plans or similar comprehensive development documents ; and pursue a better coordination amongst donors , in particular between the union and its member states , through joint programming . ### this regulation should allow for enhanced consistency between union policies while respecting the overall requirement of policy coherence for development . it should enable full alignment with partner countries and regions by using , where possible , national development plans or similar comprehensive development documents as the basis for the programming of the union’s action ; and pursue a better coordination amongst donors , in particular between the union and its member states , through joint programming .


### the following cross - cutting issues shall be mainstreamed in all programmes : the promotion of human rights , gender equality , women empowerment , non - discrimination , democracy , good governance , the rights of the child and indigenous peoples ' rights , social inclusion and the rights of persons with disabilities , environmental sustainability including addressing climate change and combating hiv / aids . ### the following cross - cutting issues shall be mainstreamed in all programmes : the promotion of human rights , gender equality , empowerment of women , non - discrimination , democracy , good governance , the rights of the child , indigenous peoples ' rights , social inclusion and decent work , the rights of persons with disabilities , environmental sustainability including addressing climate change and combating hiv / aids .


### the union ' s policy and international action for development cooperation are guided by the mdgs , such as the eradication of extreme poverty and hunger , including any subsequent modifications thereto , and by the development objectives and principles approved by the union and its member states , including in the context of their cooperation within the united nations and other competent international organisations in the field of development cooperation . ### the union ' s policy and international action for development cooperation are guided by the mdgs , such as the eradication of extreme poverty and hunger , including any subsequent internationally agreed modifications thereto , and by the development objectives , principles and commitments approved by the union and its member states , including in the context of their cooperation within the united nations and other competent international organisations in the field of development cooperation . the union ' s policy and international action is also guided by its commitments and obligations concerning human rights and development , including the universal declaration on human rights , the international covenant on civil and political rights , the international covenant on economic , social and cultural rights and the un declaration on the right to development .


### ambiguity exists as to whether member states may require the takeover of staff upon a change of provider for groundhandling services to which access is limited . discontinuity of staff can have a detrimental effect on the quality of groundhandling services . it is therefore appropriate to clarify the rules on the takeover of staff beyond the application of directive 2001 / 23 / ec on transfers of undertakings enabling member states to ensure adequate employment and working conditions . ### in the context of the judgment of the court of justice of the european union of 14 july 2005 , case c - 386 / 03 commission v germany1 , it is necessary to clarify how member states may require the takeover of staff upon a change of provider for groundhandling services to which access is limited . discontinuity of staff can have a detrimental effect on the quality of groundhandling services . it is therefore absolutely essential to clarify the rules on the takeover of staff beyond the application of directive 2001 / 23 / ec on transfers of undertakings enabling member states to ensure adequate employment and working conditions . __________________ 1 [ 2005 ] , i - 6947 .


### where , following the selection procedure laid down in articles 7 to 10 , a supplier of groundhandling services mentioned in paragraph 1 loses its authorisation to provide these services , member states may require supplier of groundhandling services which subsequently provide these services to grant staff previously hired to provide these services the rights to which they would have been entitled if there had been a transfer within the meaning of council directive 2001 / 23 / ec17 . ### where , following the selection procedure laid down in articles 7 to 10 , a supplier of groundhandling services mentioned in paragraph 1 loses its authorisation to provide these services , member states shall require supplier of groundhandling services which subsequently provide these services to grant staff previously hired to provide these services the rights to which they would have been entitled if there had been a transfer within the meaning of council directive 2001 / 23 / ec17 .


### member states shall limit the requirement in paragraph to the employees of the previous supplier who are involved in the provision of services for which the previous supplier lost authorisation , and who voluntarily accept to be taken on by the new supplier . ### member states shall limit the requirement in paragraph to the employees of the previous supplier , including self handling airport users , who are involved in the provision of groundhandling services that the previous supplier stops providing , and who voluntarily accept to be taken on by the new supplier or self - handling airport user .


### for the transport of containers , the shipper shall give the road haulier to whom it entrusts the transport of a container a statement indicating the weight of the container moved . if this information is missing or incorrect , the shipper shall incur liability in the same way as the haulier if the vehicle is overloaded . ### for the transport of containers , the shipper shall give the road haulier to whom it entrusts the transport of a container , in advance of loading , a written statement indicating the gross weight of the container moved . that statement can also be submitted by electronic means . irrespective of its form , the document declaring the gross weight of the container shall be signed by a person duly authorised by the shipper . if the information on the gross weight of the container is missing or incorrect , the shipper shall incur liability in the same way as the haulier if the vehicle is overloaded . in combined transport operations , the information on the gross weight of a packed container shall be provided to the next party taking custody of the container .


### before they are put on the market , the aerodynamic performance of new motor vehicle designs shall be tested by member states , who will issue a certificate to this end . this will certify compliance with the requirements of paragraph 2 above . the test certificates issued in one member state shall be recognised by the other member states . ### before they are put on the market , the aerodynamic and safety performance of new motor vehicle designs shall be tested within the framework of directive 2007 / 46 / ec by member states , who will issue a certificate to this end . this will certify compliance with the requirements of paragraph 2 above . the test certificates issued in one member state shall be recognised by the other member states .


### for the transport of containers , the shipper shall give the road haulier to whom it entrusts the transport of a container a statement indicating the weight of the container moved . if this information is missing or incorrect , the shipper shall incur liability in the same way as the haulier if the vehicle is overloaded . ### for the transport of freight , including containers , swap bodies or any other loads , the shipper shall give the road haulier to whom it entrusts the transport of a container a written statement indicating the gross weight of the container moved . that statement can also be submitted by electronic means . irrespective of its form , the document declaring the gross weight of the load shall be signed by a person duly authorised by the shipper . if the information on the gross weight of the load is missing or incorrect , the shipper shall incur liability in the same way as the haulier if the vehicle is overloaded . in intermodal transport operations , the information on the gross weight of a packed intermodal loading unit , including container and / or swap body , shall be provided to the next party taking custody of the intermodal loading unit .


### the improved aerodynamics of the cabs of motor vehicles would also allow significant gains on the energy performance of vehicles , in conjunction with the devices mentioned in recital 3 above . however , this improvement is impossible under the current maximum lengths set by directive 96 / 53 / ec without reducing the vehicle load capacity and threatening the economic equilibrium of the sector . therefore a derogation from this maximum length is required . ### heavy - good vehicles are responsible for about 26 percent of road transport co2 emissions in europe while their fuel efficiency has hardly improved for the last 20 years . the improved aerodynamics of the cabs of motor vehicles would allow significant gains on the energy performance of vehicles , in conjunction with the devices mentioned in recital 3 above and are urgently needed in order for the road freight sector to significantly reduce vehicle emissions . however , this improvement is impossible under the current maximum lengths set by directive 96 / 53 / ec without reducing the vehicle load capacity and threatening the economic equilibrium of the sector . therefore a derogation from this maximum length is required . any derogation should not be used to increase the payload of the vehicle .


### after the expiry of a period of two years from the date of entry into force of this directive , member states shall measure the weight of vehicles or combination of vehicles in circulation . the purpose of these pre - selection measures is to identify vehicles that are likely to have committed an offence and that should be checked manually . these measures may be taken with the aid of automatic systems set up on the infrastructure , or onboard systems installed in vehicles in line with paragraph 6 below . the automatic systems must enable the identification of the vehicles suspected of exceeding the maximum authorised weights . as these automatic systems are only to be used for pre - selection purposes , and not to define an offence , they do not have to be certified by the member states . ### after the expiry of a period of two years from the date of entry into force of this directive , member states shall measure the weight of vehicles or combination of vehicles in circulation . the purpose of these pre - selection measures based on a risk - rating system is to increase the efficiency of the checks and identify vehicles that are likely to have committed an offence and that should be checked manually . these measures may be taken with the aid of automatic systems set up on the infrastructure , such as automatic number plate recognition combined with weight in motion technology , or onboard systems installed in vehicles in line with paragraph 6 below . the automatic systems must enable the identification of the vehicles suspected of exceeding the maximum authorised weights . as these automatic systems are only to be used for pre - selection purposes , and not to define an offence , they do not have to be certified by the member states .


### in accordance with paragraph 1 , member states shall encourage the equipment of vehicles and vehicle combinations with onboard weighing devices to enable the weight data to be communicated at any time from a moving vehicle to an authority carrying out roadside inspections or responsible for regulating the transport of goods . this communication shall be through the interface defined by the cen dsrc13 standards en 12253 , en 12795 , en 12834 , en 13372 and iso 14906 . __________________ 13 dsrc : dedicated short - range communications ### in accordance with paragraph 1 , new n2 and n3 vehicles shall be fitted with onboard weighing devices that enable the weight data to be communicated at any time from a moving vehicle to an authority carrying out roadside inspections or responsible for regulating the transport of goods . this communication shall be through the interface defined by the cen dsrc13 standards en 12253 , en 12795 , en 12834 , en 13372 and iso 14906 . the information shall also be accessible for the driver . __________________ 13 dsrc : dedicated short - range communications


### the power to adopt delegated acts referred to in article 8 , article 9 and article 12 shall be conferred on the commission for an indeterminate period of time from the [ date of entry into force of this directive ] ### the power to adopt delegated acts referred to in article 8 , article 9 and article 12 shall be conferred on the commission for a period of five years from [ the date of entry into force of this directive ] . the commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five - 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 .


### in accordance with paragraph 1 , member states shall encourage the equipment of vehicles and vehicle combinations with onboard weighing devices to enable the weight data to be communicated at any time from a moving vehicle to an authority carrying out roadside inspections or responsible for regulating the transport of goods . this communication shall be through the interface defined by the cen dsrc13 standards en 12253 , en 12795 , en 12834 , en 13372 and iso 14906 . __________________ 13 dsrc : dedicated short - range communications ### in accordance with paragraph 1 , new n2 and n3 vehicles shall be fitted with onboard weighing systems that enable the weight data to be communicated at any time from a moving vehicle to an authority carrying out roadside inspections or responsible for regulating the transport of goods . this communication shall be through the interface defined by the cen dsrc13 standards en 12253 , en 12795 , en 12834 , en 13372 and iso 14906 . the information shall also be accessible for the driver . __________________ 13 dsrc : dedicated short - range communications


### in its policy orientations on road safety 2011 - 20207 , the commission set out measures to make vehicles safer and better protect vulnerable road users . the importance of visibility for vehicle drivers was also underlined in the commission’s report to the european parliament and the council on the implementation of directive 2007 / 38 / ec on the retrofitting of mirrors to heavy goods vehicles registered in the community8 . a new cab profile will also contribute to improving road safety by reducing the blind spot in the driver’s vision , including under the windscreen , which should help save the lives of many vulnerable road users such as pedestrians or cyclists . this new profile could also incorporate energy absorption structures in the event of a collision . the potential gain in the volume of the cab would also improve the driver’s comfort and safety . __________________ 7 com 389 8 com 258 ### in its policy orientations on road safety 2011 - 20207 , the commission set out measures to make vehicles safer and better protect vulnerable road users . the importance of visibility for vehicle drivers was also underlined in the commission’s report to the european parliament and the council on the implementation of directive 2007 / 38 / ec on the retrofitting of mirrors to heavy goods vehicles registered in the community8 . a new cab profile will also contribute to improving road safety by reducing the blind spot in the driver’s vision , including under the windscreen and to the side of the vehicle , which should help save the lives of many vulnerable road users such as pedestrians or cyclists . this new profile should also incorporate energy absorption structures in the event of a collision . the potential gain in the volume of the cab would also improve the driver’s comfort and safety . __________________ 7 com 389 8 com 258


### an excess length or excess width of the load or of the vehicle of more than 20% of the maximum dimensions indicated in point 1 of annex 1 shall be considered as a very serious infringement within the meaning of this directive , because of the increased risks incurred by other road users . it shall give rise to a financial penalty and to the immediate immobilisation of the vehicle by the inspection authorities , until its unloading or until the transport company obtains a special permit in accordance with article 4 , if the excess length or excess width comes from the load . the procedure leading to the loss of good repute of the transport company shall be implemented in accordance with article 6 of regulation no 1071 / 2009 . ### an excess length or excess width of the load or of the vehicle of more than 10% of the maximum dimensions indicated in point 1 of annex 1 shall be considered as a very serious infringement within the meaning of this directive , because of the increased risks incurred by other road users . it shall give rise to a financial penalty for the haulier and to the immediate immobilisation of the vehicle by the inspection authorities , until its unloading or until the transport company obtains a special permit in accordance with article 4 , if the excess length or excess width comes from the load . the procedure leading to the loss of good repute of the transport company shall be implemented in accordance with article 6 of regulation no 1071 / 2009 .


### reduces the damage in the event of a collision , ### reduces the damage in the event of a collision with other vehicles and improves the energy absorption performance of cabs by the fitting of an energy - absorbing crash management system ;


### after the expiry of a period of two years from the date of entry into force of this directive , member states shall measure the weight of vehicles or combination of vehicles in circulation . the purpose of these pre - selection measures is to identify vehicles that are likely to have committed an offence and that should be checked manually . these measures may be taken with the aid of automatic systems set up on the infrastructure , or onboard systems installed in vehicles in line with paragraph 6 below . the automatic systems must enable the identification of the vehicles suspected of exceeding the maximum authorised weights . as these automatic systems are only to be used for pre - selection purposes , and not to define an offence , they do not have to be certified by the member states . ### after the expiry of a period of five years from the date of entry into force of this directive , member states shall measure the weight of vehicles or combination of vehicles in circulation . the purpose of these pre - selection measures is to identify vehicles that are likely to have committed an offence and that should be checked manually . these measures shall be taken with onboard systems installed in vehicles in line with paragraph 6 below . the automatic systems must enable the identification of the vehicles suspected of exceeding the maximum authorised weights . as these automatic systems are only to be used for pre - selection purposes , and not to define an offence , they do not have to be certified by the member states .


### the maximum dimensions laid down in annex i points 1 . 1 and 1 . 6 may be exceeded by 15 cm for vehicles or combinations of vehicles engaged in the transport of 45 - foot containers or swap bodies , if the road transport of the container or swap body is part of an intermodal transport operation . ### the maximum dimensions laid down in annex i points 1 . 1 and 1 . 6 may be exceeded by 15 cm for vehicles or combinations of vehicles engaged in the transport of 45 - foot containers or swap bodies , if the road transport of the container or swap body is part of a combined transport operation as defined in article 2 .


### using alternative engines that no longer rely only on fossil fuels and are therefore non - polluting or less polluting , such as electric or hybrid engines for heavy - duty vehicles or buses generates extra weight which should not be counted at the expense of the effective load of the vehicle so that the road transport sector is not penalised in economic terms . ### using low - carbon technologies , including alternative engines that no longer rely only on fossil fuels and are therefore non - polluting or less polluting , such as electric or hybrid engines for heavy - duty vehicles or buses , generates extra weight which should not be counted at the expense of the effective load of the vehicle so that the road transport sector is not penalised in economic terms .


### an excess length or excess width of between 2 and 20% of the maximum dimensions indicated in point 1 of annex 1 , either of the load on board or of the vehicle itself , shall give rise a financial penalty . the inspection authorities shall immobilise the vehicle until its unloading if the excess length or excess width comes from the load or until the transport company obtains a special permit in accordance with article 4 ; ### an excess length or excess width of between 1 and 10% of the maximum dimensions indicated in point 1 of annex 1 , either of the load on board or of the vehicle itself , shall give rise a financial penalty for the haulier . the inspection authorities shall immobilise the vehicle until its unloading if the excess length or excess width comes from the load or until the transport company obtains a special permit in accordance with article 4 ;


### after the expiry of a period of two years from the date of entry into force of this directive , member states shall measure the weight of vehicles or combination of vehicles in circulation . the purpose of these pre - selection measures is to identify vehicles that are likely to have committed an offence and that should be checked manually . these measures may be taken with the aid of automatic systems set up on the infrastructure , or onboard systems installed in vehicles in line with paragraph 6 below . the automatic systems must enable the identification of the vehicles suspected of exceeding the maximum authorised weights . as these automatic systems are only to be used for pre - selection purposes , and not to define an offence , they do not have to be certified by the member states . ### after the expiry of a period of two years from the date of entry into force of this directive , member states shall measure the weight of vehicles or combination of vehicles in circulation . the purpose of these pre - selection measures is to identify vehicles that are likely to have committed an offence and that should be checked manually . these measures should primarily be taken with the aid of automatic systems set up on the infrastructure , supplemented with onboard systems installed in vehicles in line with paragraph 6 below , if available . the automatic systems must enable the identification of the vehicles suspected of exceeding the maximum authorised weights . as these automatic systems are only to be used for pre - selection purposes , and not to define an offence , they do not have to be certified by the member states .


### for the purposes of this article , and of point 2 . 2 . 2 of annex i , an intermodal transport operation shall include at least rail , river or sea transport at least . it shall also include a road section for its initial and / or terminal journey . each of these road sections shall be less than 300 km in the territory of the european union or just as far as the closest terminals between which there is a regular service . a transport operation shall also be regarded as intermodal transport if it uses intra - european short sea shipping , regardless of the lengths of the initial and terminal road journeys . the initial road journey and the terminal road journey for an operation using intra - european short sea shipping takes place from the point where the goods are loaded to the nearest appropriate seaport for the initial leg , and / or where appropriate between the nearest appropriate seaport and the point where the goods are unloaded for the final leg . ### for the purposes of this article , and of point 2 . 2 . 2 of annex i , an intermodal transport operation shall include at least rail , river and / or sea transport at least . it shall also include a road section for its initial and / or terminal journey . each of these road sections shall be less than 300 km in the territory of the european union or just as far as the closest terminals between which there is a regular service . a transport operation shall also be regarded as intermodal transport if it uses short sea and / or river shipping , regardless of the lengths of the initial and terminal road journeys .


### – ‘ intermodal transport unit’ means a unit belonging to one of the following categories : container , swap body , semi - trailer ; ### – ‘ intermodal loading unit’ means a unit belonging to one of the following categories : container , swap body , semi - trailer ;


### before they are put on the market , the aerodynamic performance of new motor vehicle designs shall be tested by member states , who will issue a certificate to this end . this will certify compliance with the requirements of paragraph 2 above . the test certificates issued in one member state shall be recognised by the other member states . ### before they are put on the market , the aerodynamic performance of new motor vehicle designs shall be tested by member states , who will issue a certificate to this end . the test of the aerodynamic performance of these vehicles shall be in line with the relevant rules for measurement of aerodynamic performance developed by the european commission . this will certify consistency and compliance with the requirements of paragraph 2 above . the test certificates issued in one member state shall be recognised by the other member states .


### the maximum weights of vehicles with hybrid propulsion or fully electric propulsion shall be those set out in annex i , point 2 . 3 . 1 . ### the maximum weights of vehicles equipped with low carbon technologies shall be those set out in annex i , point 2 . 3 . 4 .


### makes vulnerable road users more visible to the driver , in particular by reducing the blind spot under the front windscreen ### improves direct vision so as to make vulnerable road users more visible to the driver , in particular by reducing the blind spots under the front windscreen and the side of the cab ;


### for the transport of containers , the shipper shall give the road haulier to whom it entrusts the transport of a container a statement indicating the weight of the container moved . if this information is missing or incorrect , the shipper shall incur liability in the same way as the haulier if the vehicle is overloaded . ### for the transport of containers , the shipper shall give the road haulier to whom it entrusts the transport of a container , in advance of loading , a written statement indicating the gross weight of the container moved . that statement can also be submitted by electronic means . irrespective of its form , the document declaring the gross weight of the container shall be signed by a person duly authorised by the shipper . if the information on the gross weight of the container is missing or incorrect , the shipper shall incur liability in the same way as the haulier if the vehicle is overloaded . in combined transport operations , the information on the gross weight of a packed container shall be provided to the next party taking custody of the container .


### in accordance with paragraph 1 , member states shall encourage the equipment of vehicles and vehicle combinations with onboard weighing devices to enable the weight data to be communicated at any time from a moving vehicle to an authority carrying out roadside inspections or responsible for regulating the transport of goods . this communication shall be through the interface defined by the cen dsrc13 standards en 12253 , en 12795 , en 12834 , en 13372 and iso 14906 . __________________ 13 dsrc : dedicated short - range communications ### in accordance with paragraph 1 , member states shall encourage the equipment of vehicles and vehicle combinations with onboard weighing devices to enable the weight data to be communicated at any time from a moving vehicle to an authority carrying out roadside inspections or responsible for regulating the transport of goods . the devices must take into account the national rules for weights applicable on the territory where the data is being communicated from the vehicle . this communication shall be through the interface defined by the cen dsrc13 standards en 12253 , en 12795 , en 12834 , en 13372 and iso 14906 . __________________ 13 dsrc : dedicated short - range communications


### the vehicles with hybrid or electric propulsion must however comply with the limits set out in annex i point 3 : maximum authorized axle weight . ### the vehicles equipped with low - carbon technologies must however comply with the limits set out in annex i point 3 : maximum authorized axle weight .


### using alternative engines that no longer rely only on fossil fuels and are therefore non - polluting or less polluting , such as electric or hybrid engines for heavy - duty vehicles or buses generates extra weight which should not be counted at the expense of the effective load of the vehicle so that the road transport sector is not penalised in economic terms . ### using alternative engines that no longer rely only on fossil fuels and are therefore non - polluting or less polluting , such as electric or hybrid engines for heavy - duty vehicles or buses generates extra weight which should not be counted at the expense of the effective load of the vehicle so that the road transport sector is not penalised in economic terms . the solutions should also maintain the principle of technological neutrality .


### the white paper on transport also stresses the need to monitor developments in intermodal transport , particularly in the area of containerisation , where 45 - foot containers are increasingly used . they are transported by rail or inland waterways . but the road components of intermodal journeys can only be undertaken today if both the member states and the transporters follow cumbersome administrative procedures or if these containers have patented chamfered corners , the cost of which is prohibitive . increasing the length of the vehicles transporting them by 15 cm could eliminate these administrative procedures for transporters and facilitate intermodal transport , without risk or prejudice to the infrastructure or other road users . the small increase that this 15 cm represents in relation to the length of an articulated truck does not constitute an additional risk to road safety . in the policy orientation of the white paper on transport , this increase is however authorised only for intermodal transport , for which the road component does not exceed 300 km for operations involving a rail , river or sea component . this distance appeared sufficient to link an industrial or commercial site with a freight terminal or a river port . to link a seaport and support the development of motorways of the sea , a longer distance is possible for a short intra - european maritime transport operation . ### the white paper on transport also stresses the need to monitor developments in intermodal transport , particularly in the area of containerisation , where 45 - foot containers are increasingly used . they are transported by rail or inland waterways . but the road components of intermodal journeys can only be undertaken today if both the member states and the transporters follow cumbersome administrative procedures or if these containers have patented chamfered corners , the cost of which is prohibitive . increasing the length of the vehicles transporting them by 15 cm could eliminate these administrative procedures for transporters and facilitate intermodal transport , without risk or prejudice to the infrastructure or other road users . the small increase that this 15 cm represents in relation to the length of an articulated truck does not constitute an additional risk to road safety . this increase should however be authorised only for combined transport , in which the road component does not exceed 150 km at each end for operations involving a rail , river or sea component .


### the white paper on transport also stresses the need to monitor developments in intermodal transport , particularly in the area of containerisation , where 45 - foot containers are increasingly used . they are transported by rail or inland waterways . but the road components of intermodal journeys can only be undertaken today if both the member states and the transporters follow cumbersome administrative procedures or if these containers have patented chamfered corners , the cost of which is prohibitive . increasing the length of the vehicles transporting them by 15 cm could eliminate these administrative procedures for transporters and facilitate intermodal transport , without risk or prejudice to the infrastructure or other road users . the small increase that this 15 cm represents in relation to the length of an articulated truck does not constitute an additional risk to road safety . in the policy orientation of the white paper on transport , this increase is however authorised only for intermodal transport , for which the road component does not exceed 300 km for operations involving a rail , river or sea component . this distance appeared sufficient to link an industrial or commercial site with a freight terminal or a river port . to link a seaport and support the development of motorways of the sea , a longer distance is possible for a short intra - european maritime transport operation . ### the white paper on transport also stresses the need to monitor developments in intermodal transport , particularly in the area of containerisation , where 45 - foot containers are increasingly used . they are transported by rail or inland waterways . but the road components of intermodal journeys can only be undertaken today if both the member states and the transporters follow cumbersome administrative procedures or if these containers have patented chamfered corners , the cost of which is prohibitive . increasing the length of the vehicles transporting them by 80 cm could eliminate these administrative procedures for transporters and facilitate intermodal transport , without risk or prejudice to the infrastructure or other road users . the small increase that this 80 cm represents in relation to the length of an articulated truck does not constitute an additional risk to road safety . in the policy orientation of the white paper on transport , this increase is however authorised only for intermodal transport , for which the road component does not exceed 300 km for operations involving a rail , river or sea component . this distance appeared sufficient to link an industrial or commercial site with a freight terminal or a river port . to link a seaport and support the development of motorways of the sea , a longer distance is possible for a short intra - european maritime transport operation .


### before being put on the market , the additional aerodynamic devices and their installation on vehicles shall be authorised by the member states , which shall issue a certificate to this effect , attesting compliance with the requirements mentioned in paragraph 2 above and indicating that the device contributes significantly to improving aerodynamic performance . the certificates of authorisation issued in one member state shall be recognised by the other member states . ### before being put on the market , the additional aerodynamic devices and their installation on vehicles shall be authorised by the member states within the framework of directive 2007 / 46 / ec . member states shall issue a certificate to this effect , attesting compliance with the requirements mentioned in paragraph 2 above and indicating that the device contributes significantly to improving aerodynamic performance . the certificates of authorisation issued in one member state shall be recognised by the other member states .


### after the expiry of a period of two years from the date of entry into force of this directive , member states shall measure the weight of vehicles or combination of vehicles in circulation . the purpose of these pre - selection measures is to identify vehicles that are likely to have committed an offence and that should be checked manually . these measures may be taken with the aid of automatic systems set up on the infrastructure , or onboard systems installed in vehicles in line with paragraph 6 below . the automatic systems must enable the identification of the vehicles suspected of exceeding the maximum authorised weights . as these automatic systems are only to be used for pre - selection purposes , and not to define an offence , they do not have to be certified by the member states . ### after the expiry of a period of two years from the date of entry into force of this directive , member states shall measure the weight of vehicles or combination of vehicles in circulation . the purpose of these pre - selection measures based on a risk - rating system is to increase the efficiency of the checks and identify vehicles that are likely to have committed an offence and that should be checked manually . these measures may be taken with the aid of automatic systems set up on the infrastructure , such as automatic number plate recognition combined with weight in motion technology , or onboard systems installed in vehicles in line with paragraph 6 below . the automatic systems must enable the identification of the vehicles suspected of exceeding the maximum authorised weights . as these automatic systems are only to be used for pre - selection purposes , and not to define an offence , they do not have to be certified by the member states .


### the commission should be empowered to adopt delegated acts , in accordance with article 290 of the treaty on the functioning of the european union , to define the requirements imposed on new aerodynamic devices placed in the rear of the vehicle or the design of new motor vehicles , as well as the technical specifications to ensure full interoperability of onboard weighing devices , and guidelines on the procedures for checking the weight of vehicles in circulation . it is particularly important that the commission carry out appropriate consultations during its preparatory work , including at expert level . the commission , when preparing and drawing - up delegated acts , shall ensure a simultaneous , timely and appropriate transmission of relevant documents to the european parliament and council . ### the commission should be empowered to adopt delegated acts , in accordance with article 290 of the treaty on the functioning of the european union , to define the requirements imposed on new aerodynamic devices placed in the rear of the vehicle or the design of new motor vehicles , as well as the technical specifications to ensure full interoperability of onboard weighing devices , and guidelines on the procedures for checking the weight of vehicles in circulation . it is particularly important that the commission carry out appropriate consultations during its preparatory work , including at expert level . the consultations should include the major stakeholders such as truck manufacturers and body and trailer builders . the commission , when preparing and drawing - up delegated acts , shall ensure a simultaneous , timely and appropriate transmission of relevant documents to the european parliament and council . the stakeholders should be left sufficient time to comply with these requirements .