### the eu declaration of conformity shall have the model structure set out in annex iii of decision no 768 / 2008 / ec , shall contain the elements specified in the relevant modules set out in annex ii of this directive and shall be continuously updated . it shall be translated into the language or languages required by the member state in which market the vessel is placed or made available . ### the eu declaration of conformity shall have the model structure set out in annex iii of decision no 768 / 2008 / ec , shall contain the elements specified in the relevant modules set out in annex ii of this directive and shall be continuously updated . it may be translated , upon request , into the language or languages required by the member state in which market the vessel is placed or made available .


### in exceptional cases , in particular where public sector bodies generate a substantial part of their operating costs relating to the performance of their public service tasks from the exploitation of their intellectual property rights , public sector bodies may be allowed to charge for the re - use of documents over and above the marginal costs , according to objective , transparent and verifiable criteria , provided this is in the public interest and subject to the approval of the independent authority referred to in article 4 , and without prejudice to paragraphs 3 and 4 of this article . ### where public sector bodies generate a part of their operating costs relating to the performance of their public service tasks from the exploitation of their intellectual property rights , public sector bodies may be allowed to charge for the re - use of documents over and above the marginal costs , according to objective , transparent and verifiable criteria , provided this is in the public interest and subject to the approval of the independent authority referred to in article 4 , and without prejudice to paragraphs 3 and 4 of this article .


### the date from which the clearing obligation takes effect . ### the date from which the clearing obligation takes effect which shall be no earlier than the date of entry into force of this regulation , and the timeframe in which counterparties or categories become subject to the clearing obligation .


### as regards activity in 2013 to 2020 , member states shall publish the number of free aviation allowances allocated to each operator by [ op : insert a date 4 months after the entry into force of this directive ] . ### as regards activity in 2013 to 2020 , member states shall publish the number of free aviation allowances allocated to each operator by [ op : insert a date 8 months after the entry into force of this directive ] .


### in the event that a global measure will not apply from 2020 , that report shall consider the appropriate scope for coverage of emissions from activity to and from countries outside the eea from 2020 onwards in the continued absence of such a global measure . in its report , the commission shall also consider solutions to other issues that may arise in the application of paragraphs 1 to 4 , while preserving equal treatment for all operators on the same route . ### that report shall consider and , if appropriate , make proposals on , the appropriate scope for coverage of emissions from activity to or from countries outside the eea from 2017 onwards . in its report , the commission shall also consider solutions to other issues that may arise in the application of paragraphs 1 to 4 , while preserving equal treatment for all operators on the same route .


### ‘ rightholder’ means any natural person or legal entity other than a collecting society that holds a copyright or related right or who under an agreement for the exploitation of rights is entitled to a share of the rights revenue from any of the rights managed by the collecting society ; ### ‘ rightholder’ means any natural person or legal entity other than a collecting society that holds a copyright or related right or who under an agreement for the exploitation of rights or by law , is entitled to a share of the rights revenue from any of the rights managed by the collecting society . where such persons are performers , ' rightholder ' shall include the holder of the related right , or his or her heirs ;


### ' collecting society ' means any organisation which is authorised by law or by way of assignment , licence or any other contractual arrangement , by more than one rightholder , to manage copyright or rights related to copyright as its sole or main purpose and which is owned or controlled by its members ; ### ' collective management organisation ' means any organisation which is authorised by law or by way of assignment , licence or any other contractual arrangement , by a substantial number of rightholders , to manage copyright or rights related to copyright and which is owned or controlled by its members or which is a not - for - profit organisation ;


### ' collecting society ' means any organisation which is authorised by law or by way of assignment , licence or any other contractual arrangement , by more than one rightholder , to manage copyright or rights related to copyright as its sole or main purpose and which is owned or controlled by its members ; ### ' collective management organisation ' means any organisation authorised by law or by way of assignment , licence or any other contractual arrangement to manage copyright or rights related to copyright on behalf of more than one rightholder for the collective benefit of those rightsholders .


### member states shall ensure that the rightholder gives express consent specifically for each right or category of rights or type of works and other subject matter which that rightholder authorises the collecting society to manage and that any such consent is evidenced in documentary form . ### member states shall ensure that the rightholder gives express consent specifically for each right or category of rights or type of works and other subject matter which that rightholder authorises the collective management organisation to manage and that any such consent is evidenced in documentary form with the exception of models of non - voluntary collective management . this paragraph does not apply to the arrangements in the member states concerning the administration of rights through extended collective licenses , legal presumptions of representation or transfer , mandatory collective management or similar arrangements or a combination of them .


### the general meeting shall control the activities of the collecting society by , at least , deciding on the appointment and removal of the auditor and approving the annual transparency report and the auditor ' s report . ### the general meeting shall control the activities of the collective management organisation by , at least , deciding on the appointment and removal of the auditor and approving the annual transparency report and the auditor ' s report . if the financial management practice of the collective management organisation is reasonably in doubt , the general meeting may decide to conduct an internal or external audit . the result of such audit shall be communicated to all members and if necessary to the competent national authority , so that appropriate procedures can be initiated .


### rightholders shall have the right to terminate the authorisation to manage rights , categories of rights or types of works and other subject matter granted to a collecting society or to withdraw from a collecting society any of the rights or categories of rights or types of works and other subject matter of their choice , for the member states of their choice , upon serving reasonable notice not exceeding six months . the collecting society may decide that such termination or withdrawal will take effect only at the middle and at the end of the financial year , whichever is sooner after the expiry of the notice period . ### rightholders shall have the right to terminate the authorisation to manage rights , categories of rights or types of works and other subject matter granted to a collecting society or to withdraw from a collecting society any of the rights or categories of rights or types of works and other subject matter of their choice , for the member states of their choice , upon serving reasonable notice not exceeding six months . the collecting society may decide that such termination or withdrawal of rights from the repertoire will only take effect at the end of the financial year following the expiry of an agreed notice period .


### ' collecting society ' means any organisation which is authorised by law or by way of assignment , licence or any other contractual arrangement , by more than one rightholder , to manage copyright or rights related to copyright as its sole or main purpose and which is owned or controlled by its members ; ### ' collective management organisation ' means any organisation authorised by law or by way of assignment , licence or any other contractual arrangement to manage copyright or rights related to copyright on behalf of more than one rightholder , for the collective benefit of those rightholders as its sole or one of its main purposes , which is : owned or controlled by its members , and / or organised on a not - for - profit basis ;


### member states shall ensure that collecting societies act in the best interest of their members and do not impose on rightholders whose rights they manage any obligations which are not objectively necessary for the protection of the rights and interests of these rightholders . ### member states shall ensure that collective management organisations act in the best interest of the rightholders whose rights they manage as trustees and do not impose on them any obligations which are not objectively necessary for the protection of the rights and interests of these rightholders .


### ‘ rights revenue’ means income collected by a collecting society on behalf of rightholders , whether from an exclusive right , a right to remuneration or a right to compensation ; ### ‘ rights revenue’ means income collected by a collective management organisation on behalf of rightholders , whether from an exclusive right , a right to remuneration or a right to compensation , and including any income derived from the investments of rights revenue ;


### where the amounts due to rightholders cannot be distributed , after five years from the end of the financial year in which the collection of the rights revenue occurred , and provided that the collecting society has taken all necessary measures to identify and locate the rightholders , the collecting society shall decide on the use of the amounts concerned in accordance with article 7 , without prejudice to the right of the rightholder to claim such amounts from the collecting society . ### where the amounts due to rightholders cannot be distributed , after not less than three years from the end of the financial year in which the collection of the rights revenue occurred , and provided that the collective management organisation has taken all necessary measures to identify and locate the rightholders , member states shall specify to whom the undistributed monies shall be paid and shall ensure that the distribution takes place without prejudice to the right of the rightholder to claim such amounts from the collective management organisation in accordance with the laws of the member states on the statute of limitation claims .


### member states shall ensure that the persons who effectively manage the business of a collecting society and its directors , with the exception of the directors exercising supervisory function , design procedures so as to avoid conflicts of interest . the collecting society shall have procedures to identify , manage , monitor and disclose conflicts of interest in order to prevent them from adversely affecting the interests of members of the society . ### member states shall ensure that the persons who effectively manage the business of a collective management organisation and its directors , with the exception of the directors exercising supervisory function , design procedures so as to avoid conflicts of interest . the collective management organisation shall have procedures to identify , manage , monitor and disclose conflicts of interest in order to prevent them from adversely affecting the interests of members of the organisation . such procedures shall also require that before taking up their duties and then once a year such persons and directors , make an individual statement on conflict of interests to the body entrusted with the supervisory function and to the members of the organisation , as well as make such a statement publicly accessible through the website of the collective management organisation .


### member states shall ensure that collecting societies act in the best interest of their members and do not impose on rightholders whose rights they manage any obligations which are not objectively necessary for the protection of the rights and interests of these rightholders . ### member states shall ensure that collective management organisations act in the best interest of the rightholders whose rights they manage and do not impose on them any obligations which could undermine the protection of their rights and their interests , provided they allow the collective management organisations sufficient discretion to negotiate with rights users .


### the general meeting shall control the activities of the collecting society by , at least , deciding on the appointment and removal of the auditor and approving the annual transparency report and the auditor ' s report . ### the general meeting shall control the activities of the collecting society by , at least , deciding on the appointment and removal of the auditor and approving the annual transparency report .


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


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


### electricity is a clean fuel particularly attractive for deployment of electric vehicles and electric two - wheelers in urban agglomerations which can contribute to improving air quality and reducing noise . member states should ensure that recharging points for electric vehicles are built up with sufficient coverage , at least twice the number of vehicles , and 10% of them publicly accessible , focussing in particular on urban agglomerations . private owners of electric vehicles depend to a large extent on access to recharging points in collective parking lots , such as in appartment blocks , office and business locations . regulatory provisions should be set up by public authorities , assisting citizens by ensuring that the appropriate infrastructure with sufficient electric vehicle recharging points is provided by the site developers and managers . ### electricity coming from sustainable energy sources is particularly attractive for deployment of electric vehicles , in particular those used for collective transport and electric bicycles , scooters and motorcycles in urban agglomerations which can contribute to improving air quality and reducing noise . member states should endeavour that recharging points for electric vehicles are built up with sufficient coverage , bearing in mind the geographical and socioeconomic aspects and focusing in particular on urban agglomerations . private owners of electric vehicles depend to a large extent on access to recharging points in collective parking lots , such as in appartment blocks , office and business locations . regulatory provisions should be set up by public authorities , assisting citizens by ensuring that the appropriate infrastructure with sufficient electric vehicle recharging points is provided by the site developers and managers .


### member states shall ensure that a minimum number of recharging points for electric vehicles are put into place , at least the number given in the table in annex ii , by 31 december 2020 at the latest . ### member states , in close cooperation with regional and local authorities and with the industry concerned , shall ensure that a minimum number of recharging points for electric vehicles are put into place , at least the number given in the table in annex ii , by 31 december 2020 at the latest .


### electricity is a clean fuel particularly attractive for deployment of electric vehicles and electric two - wheelers in urban agglomerations which can contribute to improving air quality and reducing noise . member states should ensure that recharging points for electric vehicles are built up with sufficient coverage , at least twice the number of vehicles , and 10% of them publicly accessible , focussing in particular on urban agglomerations . private owners of electric vehicles depend to a large extent on access to recharging points in collective parking lots , such as in appartment blocks , office and business locations . regulatory provisions should be set up by public authorities , assisting citizens by ensuring that the appropriate infrastructure with sufficient electric vehicle recharging points is provided by the site developers and managers . ### electricity is a clean fuel at the point of use and is particularly attractive for deployment of electric vehicles and electric two - wheelers in urban agglomerations which can contribute to improving air quality and reducing noise . member states should ensure that recharging points for electric vehicles are built up with sufficient coverage , at least twice the number of vehicles , and 10% of them publicly accessible , focussing in particular on urban agglomerations . private owners of electric vehicles depend to a large extent on access to recharging points in collective parking lots , such as in apartment blocks , office and business locations . regulatory provisions should be set up by public authorities , assisting citizens by ensuring that the appropriate infrastructure with sufficient electric vehicle recharging points is provided by the site developers and managers .


### member states shall ensure that a minimum number of recharging points for electric vehicles are put into place , at least the number given in the table in annex ii , by 31 december 2020 at the latest . ### member states shall set a national target of public recharging points for electric vehicles . moreover , they shall endeavour that an indicative number of public and private recharging points given in the table in annex ii are put into place by 31 december 2020 at the latest .


### direct current fast recharging points for electric vehicles shall be equipped , for interoperability purposes , with connectors of type ‘ combo 2’ as described in the relevant en standard , to be adopted by 2014 . ### direct current fast recharging points for electric vehicles shall be equipped , for interoperability purposes , with multi - standard connectors providing both ' chademo ' and type ‘ combo 2’connection , as described in the relevant en standard to be adopted by 2014 .


### minimum number of electric vehicle recharging points in each member state ### indicative number of electric vehicle recharging points in each member state


### member states shall ensure that a minimum number of recharging points for electric vehicles are put into place , at least the number given in the table in annex ii , by 31 december 2020 at the latest . ### member state shall set an indicative national target of public recharging points to be put into place by 31 december 2020 . when doing so , member state shall either take into consideration annex ii or explain how and on the basis of which data and forecasts the indicative target has been calculated .


### feedback from the market shows that the payment activities covered by the limited network exception often comprise massive payment volumes and values and offer to consumers hundreds or thousands of different products and services , which does not fit the purpose of the limited network exemption as provided for in directive 2007 / 64 / ec . that implies greater risks and no legal protection for payment service users , in particular for consumers and clear disadvantages for regulated market actors . a more precise description of a limited network , in line with directive 2009 / 110 / ec , is necessary in order to limit those risks . a payment instrument should thus be considered to be used within such a limited network if it can be used only either for the purchase of goods and services in a specific store or chain of stores , or for a limited range of goods or services , regardless of the geographical location of the point of sale . such instruments could include store cards , petrol cards , membership cards , public transport cards , meal vouchers or vouchers for specific services , which are sometimes subject to a specific tax or labour legal framework designed to promote the use of such instruments to meet the objectives laid down in social legislation . where such a specific - purpose instrument develops into a general purpose instrument , the exemption from the scope of this directive should no longer apply . instruments which can be used for purchases in stores of listed merchants should not be exempted from the scope of this directive as such instruments are typically designed for a network of service providers which is continuously growing . the exemption should apply in combination with the obligation of potential payment service providers to notify activities falling within the scope of the definition of a limited network . ### feedback from the market shows that the payment activities covered by the limited network exception often comprise massive payment volumes and values and offer to consumers hundreds or thousands of different products and services , which does not fit the purpose of the limited network exemption as provided for in directive 2007 / 64 / ec . that implies greater risks and no legal protection for payment service users , in particular for consumers and clear disadvantages for regulated market actors . a more precise description of a limited network , in line with directive 2009 / 110 / ec , is necessary in order to limit those risks . a payment instrument should thus be considered to be used within such a limited network if it can be used only either for the purchase of goods and services from a specific provider or chain of providers , or for a limited range of goods or services , regardless of the geographical location of the point of sale . such instruments could include the following , including their virtual equivalent : store cards , petrol cards , membership cards , public transport cards , ticketing , meal vouchers or vouchers for specific services , which are sometimes subject to a specific tax or labour legal framework designed to promote the use of such instruments to meet the objectives laid down in social legislation . where such a specific - purpose instrument develops into a general purpose instrument , the exemption from the scope of this directive should no longer apply . instruments which can be used for purchases in stores of listed merchants should not be exempted from the scope of this directive as such instruments are typically designed for a network of service providers which is continuously growing . the exemption should apply in combination with the obligation of potential payment service providers to notify activities falling within the scope of the definition of a limited network .


### payment transactions carried out by a provider of electronic communication networks or services where the transaction is provided for a subscriber to the network or service and for purchase of digital content as ancillary services to electronic communications services , regardless of the device used for the purchase or consumption of the content , provided that the value of any single payment transaction does not exceed eur 50 and the cumulative value of payment transactions does not exceed eur 200 in any billing month ; ### payment transactions carried out by a provider of electronic communication networks or services that are ancillary to the core business of the provider , where the transaction is provided for a subscriber to the network or service and for the purchase of digital goods or services , regardless of the device used for the purchase or consumption of the good or service , provided that the value of any single payment transaction does not exceed eur [ xxx ] and either : - the cumulative value of payment transactions does not exceed eur [ xxx ] in any billing month or - where a subscriber pre - funds their account with the provider of electronic communication services , the cumulative value of payment transactions does not exceed eur [ xxx ] in any billing month ;


### the payment service provider shall not prevent the payee from requesting from the payer a charge , offering him a reduction or otherwise steering him towards the use of a given payment instrument . any charges applied shall , however , not exceed the costs borne by the payee for the use the specific payment instrument . ### the payment service provider shall not prevent the payee from requesting from the payer a charge , offering him a reduction or otherwise steering him towards the use of a given electronic or non - electronic payment instrument . however , where article 19 of directive 2011 / 83 / eu of the european parliament and the council of 25 october 2011 does not apply any charges applied shall not exceed the costs borne by the payee for the use the specific payment instrument .


### any processing of personal data for the purposes of this directive shall be carried out in accordance with directive 95 / 46 / ec , the national rules which transpose directive 95 / 46 / ec and regulation no 45 / 2001 . ### member states shall permit the processing of personal data by payment systems and payment service providers when this is necessary to safeguard the prevention , investigation and detection of payment fraud . the processing of such personal data shall be carried out in accordance with directive 95 / 46 / ec , the national rules which transpose directive 95 / 46 / ec and regulation no 45 / 2001 .


### ‘ payment initiation service’ means a payment service enabling access to a payment account provided by a third party payment service provider , where the payer can be actively involved in the payment initiation or the third party payment service provider’s software , or where payment instruments can be used by the payer or the payee to transmit the payer’s credentials to the account servicing payment service provider ; ### ‘ payment initiation service’ means a service based on a funds check by a third party payment service provider upon request and express consent by the payer , where the payer is actively involved in the payment initiation , either directly or through third party payment service provider’s software ;


### member states shall ensure that payment service providers provide to the authority designated under article 6 of directive [ nis directive ] [ op please insert number of directive once adopted ] on a yearly basis updated information of the assessment of the operational and security risks associated with the payment services they provide and on the adequacy of the mitigation measures and control mechanisms implemented in response to these risks . the authority designated under article 6 of directive [ nis directive ] [ op please insert number of directive once adopted ] shall without undue delay transmit a copy of this information to the competent authority in the home member state . ### member states shall ensure that payment service providers provide to the competent authority on a yearly basis updated information of the assessment of the operational and security risks associated with the payment services they provide and on the adequacy of the mitigation measures and control mechanisms implemented in response to these risks .


### member states shall require that , where a payment service user denies having authorised an executed payment transaction or claims that the payment transaction was not correctly executed , it is for the payment service provider and , if involved and as appropriate , the third party payment service provider , to prove that the payment transaction was authenticated , accurately recorded , entered in the accounts and not affected by a technical breakdown or some other deficiency . ### member states shall require that , where a payment service user denies having authorised an executed payment transaction or claims that the payment transaction was not correctly executed , it is for the payment service provider and , if involved , the third party payment service provider , to prove that the payment transaction was authenticated , accurately recorded , entered in the accounts and not affected by a technical breakdown or some other deficiency .


### since the adoption of directive 2007 / 64 / ec new types of payment services have emerged , especially in the area of internet payments . in particular , third party providers have evolved , offering so - called payment initiation services to consumers and merchants , often without entering into the possession of the funds to be transferred . those services facilitate the e - commerce payments by establishing a software bridge between the website of the merchant and the online banking platform of the consumer in order to initiate internet payments on the basis of credit transfers or direct debits . the tpps offer a low - cost alternative to card payments for both merchants and consumers and provide consumers a possibility to shop online even if they do not possess credit cards . however , as tpps are currently not subject to directive 2007 / 64 / ec , they are not necessarily supervised by a competent authority and do not follow the requirements of directive 2007 / 64 / ec . this raises a series of legal issues , such as consumer protection , security and liability as well as competition and data protection issues . the new rules should therefore respond to those issues . ### since the adoption of directive 2007 / 64 / ec new types of payment services have emerged , especially in the area of internet payments . in particular , third party payment service providers have evolved , offering online payment initiation services to consumers and merchants , often without entering into the possession of the funds to be transferred . the tpps offer an alternative to card payments for both merchants and consumers and provide consumers a possibility to shop online even if they do not possess payment cards . tpps also represent important security challenges to the safeguarding of the integrity of payments and personal data made available to them by payers . however , as tpps are currently not subject to directive 2007 / 64 / ec , they are not necessarily supervised by a competent authority and do not follow the requirements of directive 2007 / 64 / ec . this raises a series of legal issues , such as consumer protection , security and liability as well as competition and data protection issues . the new rules should therefore address all those challenges appropriately and ensure that tpps operating in the union are authorised or registered and supervised as payment institutions .


### the information referred to in paragraph 2 shall be mentioned in an easily , directly , prominently and permanently accessible way on the website of the payment service provider , where one exists , in the general terms and conditions of the contract between the payment service provider and the payment service user and in invoices and receipts relating to such contracts . it shall specify how further information on the out - of - court redress entity concerned and on the conditions for using it can be accessed . ### the information referred to in paragraph 1 shall be mentioned in a clear , comprehensible and easily accessible way on the trader’s website , where one exists and if applicable in the general terms and conditions of sales or service contracts between the trader and a consumer .


### payment transactions consisting of the non - professional cash collection and delivery within the framework of a non - profit or charitable activity ; ### payment transactions consisting of cash collection and delivery or its virtual equivalent within the framework of a non - profit or charitable activity ;


### a description of the internal control mechanisms which the applicant has established in order to comply with obligations in relation to money laundering and terrorist financing under directive 2005 / 60 / ec of the european parliament and of the council45 and regulation no 1781 / 2006 of the european parliament and of the council46 ; __________________ 45 directive 2005 / 60 / ec of the european parliament and of the council of 26 october 2005 on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing 46 regulation no 1781 / 2006 of the european parliament and of the council of 15 november 2006 on information on the payer accompanying transfers of funds . ### for payment institutions subject to the obligations in relation to money laundering and terrorist financing under directive 2005 / 60 / ec of the european parliament and of the council45 and regulation no 1781 / 2006 of the european parliament and of the council a description of the internal control mechanisms which the applicant has established in order to comply with those obligations46 ; __________________ 45 directive 2005 / 60 / ec of the european parliament and of the council of 26 october 2005 on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing 46 regulation no 1781 / 2006 of the european parliament and of the council of 15 november 2006 on information on the payer accompanying transfers of funds .


### without prejudice to articles 14 and 15 of directive [ nis directive ] [ op please insert number of directive once adopted ] , eba shall , in close cooperation with the ecb , develop guidelines with regard to the establishment , implementation and monitoring of the security measures , including certification processes when relevant . it shall , inter alia , take into account the standards and / or specifications published by the commission under article 16 of directive [ nis directive ] [ op please insert number of directive once adopted ] . ### eba shall , in close cooperation with the ecb , develop guidelines with regard to the establishment , implementation and monitoring of the security measures , including certification processes when relevant . it shall , inter alia , take into account the standards and / or specifications published by the commission under article 16 of directive [ nis directive ] [ op please insert number of directive once adopted ] .


### where a third party payment service provider is involved , the account servicing payment service provider shall refund the amount of the unauthorised payment transaction and , where applicable , restore the debited payment account to the state in which it would have been had the unauthorised payment transaction not taken place . financial compensation to the account servicing payment service provider by the third party payment service provider may be applicable . ### where a third party payment service provider is involved , the account servicing payment service provider shall inform the payment service user of any unauthorised payment transaction caused by a payment order transmitted by a third party payment service provider . in such a case , the latter shall , within one business day , refund the amount of the unauthorised payment transaction on the payer ' s account held by the account servicing payment service provider and , where applicable , compensation for loss of interest in order to restore the debited payment account to the state in which it would have been had the unauthorised payment transaction not taken place .


### payment service providers are subject to directive [ nis directive ] [ op please insert number of directive once adopted ] and notably to the risk management and incident reporting requirements in articles 14 and 15 therein . ### payment service providers shall establish a framework with appropriate mitigation measures and control mechanisms to manage the operational risks , including security risks , relating to the payment services they provide . as part of that framework payment service providers shall establish and maintain effective incident management procedures , including the classification of major incidents .


### in addition to the general measures to be taken at member states ' level in directive [ pls insert number of nis directive after adoption ] , the security risks related to payment transactions should also be addressed at the level of the payment service providers . the security measures to be taken by the payment service providers need to be proportionate to the security risks concerned . a regular reporting mechanism should be established , so as to ensure payment services should provide the competent authorities on an annual basis with updated information on the assessment of their security risks and the measures that they have taken in response to these risks . furthermore , in order to ensure that damages to other payment service providers and payment systems , such as a substantial disruption of a payment system and to users is kept to a minimum , it is essential that payment service providers have the obligation to report within undue delay major security incidents to the european banking authority . ### the security measures to be taken by the payment service providers need to be proportionate to the security risks concerned . a regular reporting mechanism should be established , so as to ensure payment services should provide the competent authorities on a regular basis with updated information on the assessment of their security risks and the measures that they have taken in response to these risks . furthermore , in order to ensure that damages to other payment service providers and payment systems , such as a substantial disruption of a payment system and to users is kept to a minimum , it is essential that payment service providers have the obligation to report within undue delay major security incidents to the european banking authority .


### the information referred to in paragraph 2 shall be mentioned in an easily , directly , prominently and permanently accessible way on the website of the payment service provider , where one exists , in the general terms and conditions of the contract between the payment service provider and the payment service user and in invoices and receipts relating to such contracts . it shall specify how further information on the out - of - court redress entity concerned and on the conditions for using it can be accessed . ### the information referred to in paragraph 3 shall be mentioned in a clear , comprehensible and easily accessible way on the trader ' s website , where one exists and if applicable in the general terms and conditions of the contract of sales or service contracts between the trader and a consumer .


### where applicable , the amount of any charges for the payment transaction and , where applicable , a breakdown thereof . ### where applicable , the amount of any charges payable to the third party payment provider for the payment transaction , such charges to be individually itemised .


### services based on specific instruments that are designed to address precise needs that can be used only in a limited way , because they allow the specific instrument holder to acquire goods or services only in in the premises of the issuer or within a limited network of service providers under direct commercial agreement with a professional issuer or because they can be used only to acquire a limited range of goods or services ; ### services based on specific instruments that are designed to address needs that can be used only in a limited way , because they allow the specific instrument holder to acquire goods or services only in in the premises of the issuer or within a limited network of service providers under direct commercial agreement with an issuer or because they can be used only to acquire a limited range of goods or services ;


### payment transactions carried out by a provider of electronic communication networks or services where the transaction is provided for a subscriber to the network or service and for purchase of digital content as ancillary services to electronic communications services , regardless of the device used for the purchase or consumption of the content , provided that the value of any single payment transaction does not exceed eur 50 and the cumulative value of payment transactions does not exceed eur 200 in any billing month ; ### payment transactions carried out by a provider of electronic communication networks or services that are ancillary to the core business of the provider , where the transaction is provided for a subscriber to the network or service and for the purchase of digital goods or services , regardless of the device used for the purchase or consumption of the good or service , provided that the value of any single payment transaction does not exceed eur [ xxx ] and either : - the cumulative value of payment transactions does not exceed eur [ xxx ] in any billing month or - where a subscriber pre - funds their account with the provider of electronic communication services , the cumulative value of payment transactions does not exceed eur [ xxx ] in any billing month ;


### member states shall require the payer ' s payment service provider to ensure that , after the point in time of receipt in accordance with article 69 , the amount of the payment transaction is credited to the payee ' s payment service provider ' s account at the latest by the end of the next business day . these periods may be extended by a further business day for paper - initiated payment transactions . ### member states shall require the payer ' s payment service provider to ensure that , after the point in time of receipt in accordance with article 69 , the amount of the payment transaction is credited to the payee ' s payment service provider ' s account at the latest by the end of the next business day . this period may be extended by a further business day for paper - initiated payment transactions .


### the authority designated under article 6 of directive [ nis directive ] [ op please insert number of directive once adopted ] shall without undue delay inform the competent authority in the home member state and eba of the notifications of nis incidents received from payment services providers . ### payment service providers shall without undue delay notify any major operational incident , including security incidents , to the competent authority in the home member state of the payment service provider .


### when payment institutions engage in the provision of one or more of the payment services , they may hold only payment accounts used exclusively for payment transactions . member states shall ensure that access to those payment accounts is proportionate . ### when payment institutions engage in the provision of one or more of the payment services , they may hold only payment accounts used exclusively for payment transactions . for payment institutions and their agents to be able to provide payment services , they require access to payment accounts . member states shall ensure that such access is provided in a proportionate manner .


### consent to execute a payment transaction or a series of payment transactions shall be given in the form agreed between the payer and the payment service provider . consent may also be given directly or indirectly via the payee . consent to execute a payment transaction shall also be considered given where the payer authorises a third party payment service provider to initiate the payment transaction with the account servicing payment service provider . ### consent to execute a payment transaction or a series of payment transactions shall be given in the form agreed between the payer and the payment service provider . consent may also be given directly or indirectly via the payee .


### member states shall ensure that a payer has the right to make use of a third party payment service provider to obtain payment services enabling access to payment accounts as referred to in point of annex i . ### member states shall ensure that a payer , provided that he holds a payment account that can be accessed via online banking , has the right to make use of a third party payment service provider , pursuant an agreement between the payer and the third party payment service provider to obtain payment services enabling access to payment accounts as referred to in point of annex i .


### where a third party payment service provider is involved , the account servicing payment service provider shall refund the amount of the unauthorised payment transaction and , where applicable , restore the debited payment account to the state in which it would have been had the unauthorised payment transaction not taken place . financial compensation to the account servicing payment service provider by the third party payment service provider may be applicable . ### where the unauthorised payment transaction is originated by a payment order transmitted by a third party payment service provider , the account servicing payment service provider shall inform the payer accordingly and the third party payment provider shall without undue delay refund the amount of the unauthorised payment transaction and , where applicable , restore the debited payment account to the state in which it would have been had the unauthorised payment transaction not taken place .


### ‘ strong customer authentication’ means a procedure for the validation of the identification of a natural or legal person based on the use of two or more elements categorised as knowledge , possession and inherence that are independent , in that the breach of one does not compromise the reliability of the others and is designed in such a way as to protect the confidentiality of the authentication data . ### ‘ strong customer authentication’ means a procedure to verify the validity of a payment instrument based on the use of two or more elements categorised as knowledge , possession and inherence of the holder that are independent , in that the breach of one does not compromise the reliability of the others and is designed in such a way as to protect the confidentiality of the authentication data . this definition shall be in line with the ecb eurosystem’s recommendations for the security of internet payments under the ‘ securepay’ forum .


### member states shall ensure that payment service providers provide to the authority designated under article 6 of directive [ nis directive ] [ op please insert number of directive once adopted ] on a yearly basis updated information of the assessment of the operational and security risks associated with the payment services they provide and on the adequacy of the mitigation measures and control mechanisms implemented in response to these risks . the authority designated under article 6 of directive [ nis directive ] [ op please insert number of directive once adopted ] shall without undue delay transmit a copy of this information to the competent authority in the home member state . ### member states shall ensure that payment service providers provide to the competent authority on a yearly basis updated information of the assessment of the operational and security risks associated with the payment services they provide and on the adequacy of the mitigation measures and control mechanisms implemented in response to these risks .


### ‘ payment initiation service’ means a payment service enabling access to a payment account provided by a third party payment service provider , where the payer can be actively involved in the payment initiation or the third party payment service provider’s software , or where payment instruments can be used by the payer or the payee to transmit the payer’s credentials to the account servicing payment service provider ; ### ‘ payment initiation service’ means a service based on a funds check by a third party payment service provider upon request and express consent by the payer , where the payer is actively involved in the payment initiation , either directly or through third party payment service provider’s software ;


### the authority designated under article 6 of directive [ nis directive ] [ op please insert number of directive once adopted ] shall without undue delay inform the competent authority in the home member state and eba of the notifications of nis incidents received from payment services providers . ### , payment service providers shall , without undue delay , notify any major operational incident , including security incidents , to the competent authority in the home member state of the payment service provider .


### ‘ account information service’ means a payment service where consolidated and user - friendly information is provided to a payment service user on one or several payment accounts held by the payment service user with one or several account servicing payment service providers ; ### ‘ account information service’ means a service where aggregated information is provided at the request of the payment service user on the current balance of one or several payment accounts held by the payment service user with one or several account servicing payment service providers ;


### ‘ authentication’ means a procedure which allows the payment service provider to verify the identity of a user of a specific payment instrument , including the use of its personalised security features or the checking of personalised identity documents ; ### ‘ authentication’ means a procedure which allows the payment service provider to verify the validity of a specific payment instrument , including the use of its personalised security credentials or the checking of personalised identity documents ;


### without prejudice to articles 14 and 15 of directive [ nis directive ] [ op please insert number of directive once adopted ] , eba shall issue guidelines to facilitate payment service providers in qualifying major incidents and the circumstances under which a payment institution is required to notify a security incident . those guidelines shall be issued by . ### eba shall coordinate the sharing of information in the area of operational and security risks associated with payment services with the competent authorities the ecb , the competent authorities under the [ nis ] directive . , and , where relevant , with enisa .


### the information referred to in paragraph 2 shall be mentioned in an easily , directly , prominently and permanently accessible way on the website of the payment service provider , where one exists , in the general terms and conditions of the contract between the payment service provider and the payment service user and in invoices and receipts relating to such contracts . it shall specify how further information on the out - of - court redress entity concerned and on the conditions for using it can be accessed . ### the information referred to in paragraph 3 shall be mentioned in a clear , comprehensible and easily accessible way on the trader ' s website , where one exists and if applicable in the general terms and conditions of the contract of sales or service contracts between the trader and a consumer .


### the examination procedure should only apply for the adoption of measures of general scope designed to implement basic acts and specific measures with a potentially important impact . that procedure should provide for the control of the member states in such a way that measures cannot be adopted if they are not in conformity with the opinion of the committee , except in very exceptional circumstances , where the commission should be able , in spite of a negative opinion , to adopt and apply measures for a limited period of time . the commission should be able to review the draft measures in the event that no opinion is delivered by the committee , taking into account the views expressed within the committee . ### the examination procedure should provide for a method of control enabling member states to ensure that measures cannot be adopted if they are not in conformity with the opinion of the committee or if the committee does not deliver an opinion . the commission should nevertheless be able , in very exceptional circumstances to be defined in the basic act , to adopt and apply measures for a limited period of time . the commission should be able to review the draft measures , taking into account the views expressed within the committee .


### for the purposes of applying paragraph 1 , information which , if it were made public , would be likely to have a significant effect on the prices of the financial instruments , the related spot commodity contracts , or the auctioned products based on the emission allowances shall mean information a reasonable investor would be likely to use as part of the basis of his investment decisions . ### for the purposes of deciding whether information would be likely to have a significant effect on the prices of the financial instruments , the related spot commodity contracts , or the auctioned products based on the emission allowances according to paragraph 1 , account shall be taken of what a reasonable investor with market knowledge and experience would be likely to use as a material factor in deciding whether to acquire or dispose of that financial instrument , spot commodity contract , or auction product , the quantity of which to acquire or dispose and / or the price at which to do so .


### ' risk management plan ' means planning instrument prepared by a member state to foresee risks , to estimate their impacts , and to develop , select and implement measures to reduce , adapt to and mitigate the risks and their impacts cost - effectively , as well as to set the framework for integrating different sector or hazard - specific risk management instruments into a common overall plan ; ### ' risk list and response measures ' means a planning instrument prepared by a member state to foresee risks , to estimate their impacts , and to develop , select and implement measures to reduce , adapt to and mitigate the risks and their impacts cost - effectively , as well as to set the framework for integrating different sector or hazard - specific risk management instruments into a common overall risk list and response measures ;


### the objective of this decision cannot be sufficiently achieved by the member states , and can therefore , by reason of the scale or effects of the proposed action , taking into account the benefits resulting from the operation of the mechanism in terms of reducing the loss of human life and damage , be better achieved at union level . if a major emergency overwhelms the response capabilities of an affected member state , this state should be able to appeal to the mechanism to supplement its own civil protection and other emergency response resources . the union may therefore adopt measures , in accordance with the principle of subsidiarity as set out in article 5 of the treaty on european union . in accordance with the principle of proportionality as set out in that article , this decision does not go beyond what is necessary in order to achieve that objective . ### the basic principle of civil protection should be to address problems at the lowest possible level . in the case of larger - scale operations , the objective of this decision cannot , however , be sufficiently achieved by the member states , and can therefore , by reason of the scale or effects of the proposed action , taking into account the benefits resulting from the operation of the mechanism in terms of reducing the loss of human life and damage , be better achieved at union level . if a major emergency overwhelms the response capabilities of an affected member state , this state should be able to appeal to the mechanism to supplement its own civil protection and other emergency response resources . the union may therefore adopt measures , in accordance with the principle of subsidiarity as set out in article 5 of the treaty on european union . in accordance with the principle of proportionality as set out in that article , this decision does not go beyond what is necessary in order to achieve that objective .


### the mechanism should include a general policy framework for union disaster risk prevention actions aimed at achieving a high level of protection and resilience against disasters by preventing or reducing their effects and by fostering a culture of prevention . risk management plans are essential to ensure an integrated approach to disaster management , linking risk prevention , preparedness and response actions . therefore , the mechanism should include a general framework for their communication and implementation . ### the mechanism should include a general policy framework for union disaster risk prevention actions aimed at achieving a high level of protection and resilience against disasters by preventing or reducing their effects and by fostering a culture of prevention . it is essential , in order to ensure an integrated approach to disaster management , linking risk prevention , preparedness and response actions , to draw up lists of risks and to propose measures to address them . therefore , the mechanism should include a general framework for their communication and implementation .


### in order to improve the planning of disaster response operations and to ensure the availability of key capacities , it is necessary to develop reference scenarios for the main types of disasters , map key existing capacities available in member states , develop contingency plans for the deployment of the capacities and develop a european emergency response capacity in the form of a voluntary pool of pre - committed capacities of member states . the contingency planning exercise could also be used to determine whether there are gaps in the emergency response capacities available in the member states that may be filled with capacities to be developed with union support , which would be shared across the union . ### in order to improve the planning of disaster response operations and to ensure the availability of key capacities , it is necessary to develop reference scenarios for the main types of disasters , map key existing capacities available in member states and identify risks and define the measures needed to address them . the registration of risks can also be used to determine whether there are gaps in the emergency response capacities available in the member states .


### in order to ensure an effective cooperation within the mechanism , members states shall communicate to the commission their risk management plans . ### in order to ensure an effective and coherent approach to disaster prevention and preparedness by sharing information and best practices within the union mechanism , members states shall make available to the commission the relevant non - sensitive elements of their risk assessments and their risk management plans no later than 2016 .


### in order to ensure an effective cooperation within the mechanism , members states shall communicate to the commission their risk management plans . ### in order to ensure an effective cooperation within the mechanism , members states shall submit to the commission a list of national risks and measures to respond to them .


### the protection to be ensured by the mechanism shall cover primarily people , but also the environment and property , including cultural heritage , against all natural and man - made disasters , including acts of terrorism , technological , radiological or environmental accidents , marine pollution and acute health emergencies , occurring inside or outside the union . ### the protection to be ensured by the mechanism shall cover primarily people , but also the environment and property , including cultural heritage , against all natural and man - made disasters , including the consequences of acts of terrorism , technological , radiological or environmental accidents , marine pollution and acute health emergencies , occurring inside or outside the union .


### the development of civil protection assistance intervention modules , consisting of resources of one or more member states which aim to be fully interoperable , is pursued at union level in order to contribute to the development of a civil protection rapid response capability . modules should be organised at the level of the member states and subject to their direction and command . ### the development of civil protection assistance intervention modules , consisting of resources of one or more member states which aim to be fully interoperable , is pursued at union level in order to contribute to the development of a civil protection rapid response capability . modules should be organised at the level of the member states and subject to their direction and command . special attention must be paid in this respect to the civil protection capacities in the border areas of the member states .


### keepers of a commercial stock of specimens of invasive alien species acquired before their inclusion on the list referred to in article 4 shall be allowed up to two years after inclusion of the species in that list to keep and transport in order to sell or hand over live specimens or reproducible parts of those species to the research or ex - situ conservation institutions referred to in article 8 , provided that the specimens are kept and transported in contained holding and all appropriate measures are put in place to ensure that reproduction or escape are not possible , or to slaughter them to exhaust their stock . ### keepers of a commercial stock of specimens of invasive alien species acquired before their inclusion on the list referred to in article 4 shall be allowed up to 12 months after inclusion of the species in that list to keep and transport in order to sell or hand over live specimens or reproducible parts , provided that the specimens are kept and transported in contained holding and all appropriate measures are put in place to ensure that reproduction or escape are not possible , or to humanely cull them to exhaust their stock .


### the permit referred to in paragraph 1 shall be limited to the number of species and specimens that is necessary for the research or ex - situ conservation concerned and shall not exceed the capacity of the closed facility . it shall include the restrictions necessary to mitigate the risk of escape or spread of the species concerned . it shall accompany the invasive alien species to which it refers at all times when these are kept , brought into and transported within the union . ### the permit referred to in paragraph 1 shall be limited to the capacity of the closed facility . it shall include the restrictions necessary to mitigate the risk of escape or spread of the species concerned . it shall accompany the invasive alien species to which it refers at all times when these are kept , brought into and transported within the union .


### regulatory measures to minimise contamination by invasive alien species of goods and commodities , and any vehicle and equipment , including measures tackling transport of invasive alien species from third countries ; ### minimise the risk of introduction of invasive alien species as unwanted travellers in the transport of goods and commodities and the movement of vehicles and equipment , including measures tackling transport of invasive alien species from third countries ;


### ‘ invasive alien species of union concern’ means invasive alien species whose negative impact has been deemed such as to require concerted action at the level of the union pursuant to article 4 ; ### ‘ invasive alien species of union concern’ means invasive alien species whether non - native to the union or native to certain regions of the union but alien to others , or taxonomic groups of species , whose negative impact has been deemed such as to require concerted action at the level of the union pursuant to article 4 .


### a quantified forecast of the damage costs at union level demonstrating the significance for the union , so as to further justify action because the overall damage would outweigh the cost of mitigation ; ### a quantified assessment of the potential costs of damage at union level demonstrating the significance for the union ;


### by way of derogation from the bans set out in points , , , and of article 7 , member states shall establish a permit system allowing establishments that are authorised to carry out research or ex - situ conservation to perform such activities on invasive alien species of union concern . ### by way of derogation from the restrictions set out in article 7 , points , , , , and , member states shall establish a permit system allowing establishments that are authorised to carry out research or ex - situ conservation on invasive alien species of union concern . activities involving farming of animal species shall also be allowed provided that they are covered by directive 1998 / 58 / eec and article 11 of directive 2009 / 147 / ec .


### they are physically isolated and they cannot escape or spread or be removed from the facilities were they are kept by unauthorised persons ; cleaning and maintenance protocols shall ensure that no specimens or reproducible parts can escape , spread or be removed by unauthorised persons ; ### they are physically isolated and they cannot escape or spread or be removed from the facilities were they are kept by unauthorised persons ; cleaning , waste handling and maintenance protocols shall ensure that no specimens or reproducible parts can escape , spread or be removed by unauthorised persons ;


### by [ 12 months from the date of entry into force of this regulation &#8211 ; date to be inserted ] at the latest , member states shall have in place fully functioning structures to perform the official controls on animals and plants including their seeds , eggs , or propagules , brought into the union , necessary to prevent the intentional introduction into the union of invasive alien species of union concern . ### by [ 12 months from the date of entry into force of this regulation &#8211 ; date to be inserted ] at the latest , member states shall have in place fully functioning structures to perform the official controls on animals and plants including their seeds , eggs , or propagules , brought into the union , necessary to prevent the introduction into the union of invasive alien species of union concern .


### the criteria to list invasive alien species considered to be of union concern is the core instrument to apply these new rules . the commission will do its utmost to submit a proposal for a list based on those criteria within one year of the entry into force of this legislation to the committee . the criteria should include a risk assessment pursuant to the applicable provisions under the agreements of the world trade organisation on placing trade restriction on species . ### the criteria to list invasive alien species considered to be of union concern is the core instrument to apply these new rules . the commission will do its utmost to submit a proposal for a list based on those criteria within one year of the entry into force of this legislation to the committee . the criteria for inclusion on the list should be based on the best available scientific evidence and should follow a framework which identifies the risk in relation to the main stages of biological invasions : transport , establishment , spread and impact . the criteria should also include a risk assessment pursuant to the applicable provisions under the agreements of the world trade organisation on placing trade restriction on species .


### ‘ invasive alien species’ means an alien species whose introduction or spread has been found , through risk assessment , to threaten biodiversity and ecosystem services , and that may also have a negative impact on human health or the economy ; ### ‘ invasive alien species’ means an alien species whose introduction or spread has been found , through risk assessment , to threaten or impact upon biodiversity and ecosystem services , and that may also have a negative impact on human health or the economy ;


### the delegation of power referred to in article 5 shall be conferred on the commission for an undetermined period of time from the entry into force of this regulation . ### the delegation of power referred to in article 5 shall be conferred on the commission for a period of five years from [ the date of entry into force of this regulation ] . the commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the 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 .


### by way of derogation from the bans set out in points , , , and of article 7 , member states shall establish a permit system allowing establishments that are authorised to carry out research or ex - situ conservation to perform such activities on invasive alien species of union concern . ### by way of derogation from the restrictions set out in article 7 , points , , , , and , member states shall establish a permit system regarding activities on invasive alien species of union concern . activities involving farming of animal species shall also be allowed provided that they are covered by directive 1998 / 58 / ec and without prejudice to point of article 22 of directive 92 / 43 / eec and article 11 of directive 2009 / 147 / ec . in exceptional cases of undeniable contribution to human health , if there is no other option than the use of invasive alien species of union concern , member states can also permit their medicinal use .


### in order to enable commercial operators , who may have legitimate expectations , for instance those who have received an authorisation in accordance with regulation no . 708 / 2007 , to exhaust their stock of invasive alien species of union concern when these new rules enter into force , it is justified to allow them two years to slaughter , sell or hand over the specimens to research or ex - situ conservation establishments . ### in order to enable commercial operators , who may have legitimate expectations , for instance those who have received an authorisation in accordance with regulation no . 708 / 2007 , to exhaust their stock of invasive alien species of union concern when these new rules enter into force , it is justified to allow them two years to humanely cull , sell or , where relevant , hand over the specimens to research or ex - situ conservation establishments .


### member states shall , by [ 18 months from the entry into force of this regulation &#8211 ; date to be inserted ] at the latest carry out a comprehensive analysis of the pathways of unintentional introduction and spread of invasive alien species in their territory and identify the pathways which require priority action , because of the volume of species or of the damage caused by the species entering the union through them . in doing so , member states shall in particular focus on an analysis of the pathways of introduction of invasive alien species of union concern . ### member states shall , by [ 18 months from the entry into force of this regulation &#8211 ; date to be inserted ] at the latest carry out a comprehensive analysis of the pathways of unintentional introduction and spread of invasive alien species in their territory and identify the pathways which require priority action , because of the volume of species or of the potential risk associated with the species entering the union through them . in doing so , member states shall in particular focus on an analysis of the pathways of introduction of invasive alien species of union concern .


### the member state concerned shall carry out a risk assessment pursuant to article 5 for the species subject to the emergency measures without delay , given the available technical and scientific information , and in any case within 24 months from the day of the adoption of the decision to introduce emergency measures , with a view to include those species on the list referred to in article 4 . ### the member state concerned or the commission where applicable , shall carry out a risk assessment pursuant to article 5 for the species subject to the emergency measures without delay , given the available technical and scientific information , and in any case within 24 months from the day of the adoption of the decision to introduce emergency measures , with a view to include those species on the list referred to in article 4 .


### ‘ population control’ means physical , chemical or biological actions applied to a population of invasive alien species with the aim of keeping the number of individuals as low as possible , so that , while not being able to eradicate the species , its invasive capacity and adverse impacts on biodiversity and ecosystem services , or on human health and the economy , are minimised . ### ‘ population control’ means lethal or non - lethal physical , chemical or biological actions applied to a population of invasive alien species , while also avoiding impact on non - targeted species and their habitats , with the aim of keeping the number of individuals as low as possible , so that , while not being able to eradicate the species , its invasive capacity and adverse impacts on biodiversity and ecosystem services , or on human health and the economy , are minimised .


### for non - commercial owners who cannot ensure that the conditions set out in paragraph 1 are met , member states shall offer to them the possibility of having their specimens taken over from them and shall give due regard to animal welfare when handling them . ### for non - commercial owners who cannot comply with the requirements in paragraph 1 , member states must remove the animals , ensuring that they are spared any avoidable pain , distress or suffering .


### ‘ invasive alien species of union concern’ means invasive alien species whose negative impact has been deemed such as to require concerted action at the level of the union pursuant to article 4 ; ### ‘ invasive alien species of union concern’ means invasive alien species which are alien to the territory of the union excluding the outermost regions , or alien to one biogeographical region of the union but native to another , whose negative impact has been deemed such as to require concerted action at the level of the union pursuant to article 4 .


### the action plan referred to in paragraph 2 shall include measures designed on the basis of an analysis of costs and benefits with at least the following : ### the action plan referred to in paragraph 2 shall include , but not be limited to , measures , including as appropriate , regulatory or voluntary actions and codes of good practice to :


### ‘ invasive alien species’ means an alien species whose introduction or spread has been found , through risk assessment , to threaten biodiversity and ecosystem services , and that may also have a negative impact on human health or the economy ; ### ‘ invasive alien species’ means an alien species whose introduction and spread has been found , through risk assessment , to threaten biodiversity and ecosystem services , and that may also have a negative impact on human health or the economy ;


### a description of the current distribution of the species including whether the species is already present in the union or in neighbouring countries ; ### a description of the current distribution of the species including whether the species is already present in the union as a native or alien species or in neighbouring countries ;


### they are , having regard to scientific evidence available , found to be alien to the territory of the union excluding the outermost regions ; ### they are found , based on available scientific evidence , to be alien to the territory of the union excluding the outermost regions , or alien to one biogeographical region of the union but native to another ;


### by way of derogation from to article 7 and , owners of companion animals not kept for commercial purposes that belong to the species included on the list referred to in article 4 shall be allowed to keep them until the end of the animals ' natural life , provided the following conditions are met : ### by way of derogation from to article 7 and , owners of pet animals not kept for commercial purposes that belong to the species included on the list referred to in article 4 shall be allowed to keep them until the end of the animals ' natural life , provided the following conditions are met :


### supporting the shift towards a low - carbon economy in all sectors by : ### supporting the shift towards a low - emission economy in all sectors by :


### promoting low - carbon strategies for urban areas ; ### promoting low - emission strategies for urban areas ;


### housing . ### investment in new housing .


### the commission shall be empowered to adopt delegated acts to amend annexes i to xi . ### the commission shall , in order to adapt the technical requirements of this regulation to technical and scientific developments , be empowered to adopt delegated acts in accordance with article 11 to amend annexes i to ii and iv to xii .


### the sound level measured in accordance with the provisions of annex ii shall not exceed the limits set out in annex iii . ### the testing conditions laid down in annex ii shall take into account typical on - road driving conditions and the testing requirements of other essential components of the vehicle , which have been already covered by regulation no 661 / 2009 . the sound level measured in accordance with the provisions of annex ii shall not exceed the limits set out in annex iii .


### when the limit values relating to the test method are laid down in unece regulation no 51 , the commission shall consider replacing the technical requirements laid down in annex iii with a direct reference to the corresponding requirements of unece regulations no 51 and no 59 . ### when the limit values relating to the test method are laid down in unece regulation no 51 , the commission shall assess the possibility of replacing the technical requirements laid down in annex iii with a direct reference to the corresponding requirements of unece regulations no 51 and no 59 and , if appropriate , submit a proposal to the european parliament and to the council to amend annex iii in accordance with the ordinary legislative procedure .


### a delegated act adopted pursuant to article 10 shall enter into force only if no objection has been expressed either by the european parliament or the council within a period of two months of notification of that act to the european parliament and the council or if , before the expiry of that period , the european parliament and the council have both informed the commission that they will not object . that period shall be extended by one month at the initiative of the european parliament or of the council . ### a delegated act adopted pursuant to article 10 shall enter into force only if no objection has been expressed either by the european parliament or the council within a period of two months of notification of that act to the european parliament and the council or if , before the expiry of that period , the european parliament and the council have both informed the commission that they will not object . that period shall be extended by two months at the initiative of the european parliament or of the council .


### the power to adopt delegated acts referred to in article 10 shall be conferred on the commission for an indeterminate period of time from the date of adoption of this regulation . ### the power to adopt delegated acts referred to in article 10 shall be conferred on the commission for an indeterminate period of time from the date of entry into force of this regulation .


### in order to enable the commission to replace the technical requirements of this regulation with a direct reference to unece regulations no 51 and no 59 once the limit values relating to the new test method are laid down in those regulations , or to adapt those requirements to technical and scientific developments , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission in respect of the amendment of the provisions in annexes to this regulation related to the test methods and sound levels . it is of particular importance that the commission carry out appropriate consultations during its preparatory work . 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 to the council . ### in order to enable the commission to adapt the technical requirements of this regulation to technical and scientific developments , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission to amend the annexes to this regulation related to eu type - approval procedures in respect of sound level of vehicle types and of exhaust systems , methods and instruments for measuring the noise made by motor vehicles , silencing systems , compressed air noise , checks on conformity of production , specifications for test sites , measuring methods for additional sound emission provisions , and measures ensuring the audibility of hybrid and electric vehicles . 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 to the council .


### this regulation should also further reduce noise limits . it should take account of regulation no 661 / 2009 of the european parliament and of the council of 13 july 2009 concerning type - approval requirements for the general safety of motor vehicles , their trailers and systems , components and separate technical units intended therefor , which introduced new stricter noise requirements for motor vehicle tyres . studies highlighting the annoyance and health effects from road traffic noise , and the associated costs and benefits should also be heeded . ### this regulation should also further reduce noise limits . it should take account of regulation no 661 / 2009 of the european parliament and of the council of 13 july 2009 concerning type - approval requirements for the general safety of motor vehicles , their trailers and systems , components and separate technical units intended therefor , which introduced new stricter noise requirements for motor vehicle tyres and which underlined the need for a coherent and comprehensive approach to addressing the problem of road noise , including taking into account the contribution of ' silent ' road surfaces and noise reducing materials in mitigating the road traffic sound level . this horizontal approach will more efficiently reduce the overall road traffic noise compared to a sectoral and vertical approach . studies highlighting the annoyance and health effects from road traffic noise , and the associated costs and benefits should also be heeded .


### the sound level measured in accordance with the provisions of annex ii shall not exceed the limits set out in annex iii . ### the sound level measured in accordance with the provisions of annex ii and rounded to the nearest integer shall not exceed the limits set out in annex iii .


### where manufacturers choose to install an avas in vehicles , the requirements of annex x shall be fulfilled . ### where manufacturers choose to install an avas in vehicles , the requirements of annex ix shall be fulfilled .


### all statements of support shall be collected after the date of registration of the proposed initiative and within a period that shall not exceed 12 months . ### all statements of support shall be collected after the date of registration of the proposed initiative and within a period that shall not exceed 24 months .


### ' citizens ' initiative ' means an initiative , submitted to the commission in accordance with the present regulation , inviting the commission , within the framework of its powers , to submit any appropriate proposal on matters where citizens consider that a legal act of the union is required for the purpose of implementing the treaties , which has received the support of at least one million eligible signatories coming from at least one third of all member states ; ### ' citizens ' initiative ' means an initiative , submitted to the commission in accordance with the present regulation , inviting the commission , within the framework of its powers , to submit any appropriate proposal on matters where citizens consider that a legal act of the union is required for the purpose of implementing the treaties , which has received the support of at least one million eligible signatories coming from at least one fifth of all member states ;


### proposed citizens ' initiatives which can be reasonably regarded as improper because they are abusive or devoid of seriousness will not be registered . ### the commission shall register a proposed initiative within two months from its receipt when the following conditions are fulfilled : the citizens ' committee has been formed and the contact persons have been designated ; there are no manifest , significant inconsistencies between the linguistic versions of the title , subject - matter and objectives of the proposed initiative ; the initiative does not manifestly fall outside the scope of the commission’s power under the treaties to submit a proposal for the requested legal act ; the proposed initiative is not manifestly abusive , frivolous or vexatious ; the proposed initiative is not manifestly contrary to the values of the union as set out in article 2 of the treaty on european union .


### by 31 december 2014 , the commission shall review the specific emissions targets , modalities and other aspects of this regulation in order to establish the co2 emission targets for new light commercial vehicles for the period beyond 2020 . ### by 31 december 2017 , the commission shall review the specific emissions targets , modalities and other aspects of this regulation in order to establish the co2 emission targets for new light commercial vehicles for the period beyond 2020 .


### article 4 , article 8 and , article 9 and article 10 and shall not apply to a manufacturer which is responsible together with all of its connected undertakings for less than 500 new light commercial vehicles registered in the eu in the previous calendar year . ### article 4 , article 8 and , article 9 and article 10 and shall not apply to a manufacturer which is responsible together with all of its connected undertakings for less than 1000 new light commercial vehicles registered in the eu in the previous calendar year .


### subject to the general requirements of articles 7 and 9 and taking into account directive 2006 / 141 / ec , directive 2006 / 125 / ec and directive 1999 / 21 / ec as well as any technical and scientific progress , the commission shall be empowered to adopt delegated regulations , no later than [ 2 years after the date of the entry into force of this regulation ] , in accordance with article 15 , with respect to the following : ### subject to the general requirements of articles 7 and 9 and taking into account directive 2006 / 141 / ec , directive 2006 / 125 / ec , directive 1999 / 21 / ec and directive 96 / 8 / ec as well as any technical and scientific progress , the commission shall be empowered to adopt delegated regulations for foods covered by article 1 , no later than [ 2 years after the date of the entry into force of this regulation ] , in accordance with article 15 , with respect to the following :


### it is appropriate to establish and update a union list of vitamins , minerals , amino acids and other substances that may be added to infant formula , follow - on formula , processed cereal - based food and baby food , and food for special medical purposes , subject to certain criteria laid down in this regulation . given the fact that the adoption of the list implies the application of criteria set out in this regulation , implementing powers should be conferred on the commission in that respect . those powers should be exercised in accordance with regulation no 182 / 2011 of the european parliament and of the council of 16 february 2011 laying down the rules and general principles concerning mechanisms for control by member states of the commission ' s exercise of implementing powers . the commission should adopt immediately applicable implementing acts updating the union list , where , in duly justified cases relating to public health , imperative grounds of urgency so require . ### it is appropriate to establish and update a union list of substances that may be added for specific nutritional purposes to infant formula , follow - on formula , processed cereal - based food and baby food , food for special medical purposes and food intended for weight reduction and control , taking into account regulation 953 / 2009 , commission directive 2006 / 141 / ec and commission directive 2006 / 125 / ec , subject to certain criteria laid down in this regulation . given the fact that the adoption of the list implies the application of criteria set out in this regulation , implementing powers should be conferred on the commission in that respect . those powers should be exercised in accordance with regulation no 182 / 2011 of the european parliament and of the council of 16 february 2011 laying down the rules and general principles concerning mechanisms for control by member states of the commission ' s exercise of implementing powers . the commission should adopt immediately applicable implementing acts updating the union list , where , in duly justified cases relating to public health , imperative grounds of urgency so require .


### to ensure legal certainty , definitions laid down in commission directive 2006 / 141 / ec , commission directive 2006 / 125 / ec and commission directive 1999 / 21 / ec should be transferred to this regulation . however , the definitions of infant formulae and follow - on formulae , processed cereal - based food and baby food , and food for special medical purposes should be regularly adapted taking into account technical and scientific progress and relevant developments at international level , as appropriate . ### to ensure legal certainty , definitions laid down in commission directive 2006 / 141 / ec , commission directive 2006 / 125 / ec , commission directive 1999 / 21 / ec and commission directive 96 / 8 / ec should be transferred to this regulation .


### ‘ food for special medical purposes’ means food intended for the dietary management of patients to be used under medical supervision . it is intended for the exclusive or partial feeding of patients with a limited , impaired or disturbed capacity to take , digest , absorb , metabolise or excrete ordinary food or certain nutrients contained therein , or with other medically - determined nutrient requirements , whose dietary management cannot be achieved only by modification of the normal diet . ### ‘ food for special medical purposes’ means food intended for the dietary management of patients to be used under medical supervision . it is intended for the exclusive or partial feeding of patients with a limited , impaired or disturbed capacity to take , digest , absorb , metabolise or excrete ordinary food or certain nutrients contained therein , or with other medically - determined nutrient requirements , whose dietary management cannot be achieved only by modification of the normal diet . foods for special medical purposes also include formula intended for low birth - weight and pre - term infants .


### this regulation establishes compositional and information requirements for the following categories of food : ### this regulation establishes compositional and information requirements for the following categories of food for specialised nutrition :


### to ensure legal certainty , definitions laid down in commission directive 2006 / 141 / ec , commission directive 2006 / 125 / ec and commission directive 1999 / 21 / ec should be transferred to this regulation . however , the definitions of infant formulae and follow - on formulae , processed cereal - based food and baby food , and food for special medical purposes should be regularly adapted taking into account technical and scientific progress and relevant developments at international level , as appropriate . ### to ensure legal certainty , definitions laid down in commission directive 2006 / 141 / ec , commission directive 2006 / 125 / ec , commission directive 1999 / 21 / ec , and commission regulation 41 / 2009 should be transferred to this regulation . however , the definitions of infant formulae and follow - on formulae , processed cereal - based food and baby food , food for special medical purposes , and foods for people intolerant to gluten should be regularly adapted taking into account technical and scientific progress and relevant developments at international level , as appropriate .