### by 1 january 2014 , member states shall establish and notify to the commission a national heating and cooling plan for developing the potential for the application of high - efficiency cogeneration and efficient district heating and cooling , containing the information set out in annex vii . the plans shall be updated and notified to the commission every five years . member states shall ensure by means of their regulatory framework that national heating and cooling plans are taken into account in local and regional development plans , including urban and rural spatial plans , and fulfil the design criteria in annex vii . ### by 1 january 2014 , member states shall establish and notify to the commission a national heating and cooling plan for developing the potential for the application of high - efficiency cogeneration and efficient district heating and cooling including the upgrade of existing district heating and cooling networks , containing the information set out in annex vii . the plans shall be updated and notified to the commission every five years . member states shall ensure by means of their regulatory framework that national heating and cooling plans are taken into account in local and regional development plans , including urban and rural spatial plans , and fulfil the design criteria in annex vii .


### member states shall ensure that enterprises not included in the second subparagraph of paragraph 1 are subject to an energy audit carried out in an independent and cost - effective manner by qualified or accredited experts at the latest by 30 june 2014 and every three years from the date of the previous energy audit . ### member states shall encourage enterprises not included in the second subparagraph of paragraph 1 to undergo an energy audit carried out by qualified or accredited experts and to repeat the process at intervals of no more than five years .


### by 1 january 2014 , member states shall establish and notify to the commission a national heating and cooling plan for developing the potential for the application of high - efficiency cogeneration and efficient district heating and cooling , containing the information set out in annex vii . the plans shall be updated and notified to the commission every five years . member states shall ensure by means of their regulatory framework that national heating and cooling plans are taken into account in local and regional development plans , including urban and rural spatial plans , and fulfil the design criteria in annex vii . ### by 31 december 2015 , member states shall carry out and notify to the commission a comprehensive assessment of the potential for the application of high - efficiency cogeneration and efficient district heating and cooling , containing the information set out in annex vii . if they have already carried out an equivalent assessment , they shall notify it to the commission . the assessment shall be updated and notified to the commission every five years . member states shall ensure that efficient use of energy resources and the development of resource efficient heating and cooling systems are considered in local and regional development planning , including urban and rural spatial planning , and in local and regional energy strategies and planning . account shall be taken of local / regional heat markets .


### by 1 january 2014 , member states shall establish and notify to the commission a national heating and cooling plan for developing the potential for the application of high - efficiency cogeneration and efficient district heating and cooling , containing the information set out in annex vii . the plans shall be updated and notified to the commission every five years . member states shall ensure by means of their regulatory framework that national heating and cooling plans are taken into account in local and regional development plans , including urban and rural spatial plans , and fulfil the design criteria in annex vii . ### by 31 december 2015 , member states shall carry out and notify to the commission a comprehensive assessment of heating and cooling demand for developing the potential for the application of high - efficiency cogeneration and efficient district heating and cooling , containing the information set out in annex vii . if they have already carried out an equivalent assessment , they shall notify it to the commission . the assessment should consider different types of cogeneration on the basis of the specificities of different national demand and consumption patterns . the plans shall be updated and notified to the commission every five years . member states shall ensure that efficient use of energy resources and the development of resource efficient heating and cooling systems are considered in local and regional development planning , including urban and rural spatial plans , and in local and regional energy strategies and planning . account shall be taken of local / regional heat markets .


### without prejudice to article 7 of directive 2010 / 31 / eu , member states shall ensure that as from 1 january 2014 , 3% of the total floor area owned by their public bodies is renovated each year to meet at least the minimum energy performance requirements set by the member state concerned in application of article 4 of directive 2010 / 31 / eu . the 3% rate shall be calculated on the total floor area of buildings with a total useful floor area over 250 m2 owned by the public bodies of the member state concerned that , on 1 january of each year , does not meet the national minimum energy performance requirements set in application of article 4 of directive 2010 / 31 / eu . ### without prejudice to article 7 of directive 2010 / 31 / eu , member states shall ensure that as by 1 january 2021 , 21% of the total floor area owned by their public bodies has been renovated to meet at least the minimum energy performance requirements set by the member state concerned in application of article 4 of directive 2010 / 31 / eu . the 21% rate shall be calculated on the total floor area of buildings with a total useful floor area over 250 m2 owned by the public bodies of the member state concerned that , on 1 january 2014 , does not meet the national minimum energy performance requirements set in application of article 4 of directive 2010 / 31 / eu .


### by 1 january 2014 , member states shall establish and notify to the commission a national heating and cooling plan for developing the potential for the application of high - efficiency cogeneration and efficient district heating and cooling , containing the information set out in annex vii . the plans shall be updated and notified to the commission every five years . member states shall ensure by means of their regulatory framework that national heating and cooling plans are taken into account in local and regional development plans , including urban and rural spatial plans , and fulfil the design criteria in annex vii . ### by 31 december 2015 , member states shall carry out and notify to the commission an assessment of the potential for the application of high - efficiency cogeneration and efficient district heating and cooling , containing the information set out in annex vii . if they have carried out an equivalent assessment , they shall notify it to the commission . the assessment shall be updated and notified to the commission every five years . member states shall ensure that efficient use of energy resources and the development of resource efficient heating and cooling systems are considered in all local and regional energy strategies . account shall be taken of local / regional heat markets .


### member states shall ensure that public bodies purchase only products , services and buildings with high energy efficiency performance , as referred to in annex iii . ### without prejudice to directive 2004 / 18 / ec , where energy efficiency standards already apply member states shall ensure that public bodies purchase products , services and buildings with high energy efficiency performance , taking into account cost - effectiveness , economical feasibility and technical suitability , as well as sufficient competition , as referred to in annex iii . for products not covered by european energy efficiency labelling legislation , public bodies should endeavour to take into account the energy efficiency of purchases .


### without prejudice to article 7 of directive 2010 / 31 / eu , member states shall ensure that as from 1 january 2014 , 3% of the total floor area owned by their public bodies is renovated each year to meet at least the minimum energy performance requirements set by the member state concerned in application of article 4 of directive 2010 / 31 / eu . the 3% rate shall be calculated on the total floor area of buildings with a total useful floor area over 250 m2 owned by the public bodies of the member state concerned that , on 1 january of each year , does not meet the national minimum energy performance requirements set in application of article 4 of directive 2010 / 31 / eu . ### without prejudice to directive 2010 / 31 / eu , member states shall ensure that as from 1 january 2014 , 3% of the total floor area of public buildings owned by central government is renovated each year to meet at least the minimum energy performance requirements set by the member state concerned in application of article 4 of directive 2010 / 31 / eu . the 3% rate shall be calculated on the total floor area of buildings with a total useful floor area over 500 m2 , and as of 1 july 2015 over 250 m2 , owned by the central government of the member state concerned that , on 1 january of each year , does not meet the national minimum energy performance requirements set in application of article 4 of directive 2010 / 31 / eu .


### member states opting for this option shall notify to the commission , by 1 january 2013 at the latest , the alternative measures that they plan to adopt , including the rules on penalties referred to in article 9 , and demonstrating how they would achieve the required amount of savings . the commission may refuse such measures or make suggestions for modifications in the 3 months following notification . in such cases , the alternative approach shall not be applied by the member state concerned until the commission expressly accepts the resubmitted or modified draft measures . ### member states opting for this option shall notify to the commission , by 1 january 2013 at the latest , the alternative measures that they plan to adopt , including the rules on penalties referred to in article 9 , and demonstrating how they would achieve the required amount of savings . the commission may make suggestions for modifications in the 3 months following notification . the member states shall take these suggestions or modifications into account .


### as an alternative to paragraph 1 , member states may opt to take other measures to achieve energy savings among final customers . the annual amount of energy savings achieved through this approach shall be equivalent to the amount of energy savings required in paragraph 1 . ### as an alternative to paragraph 1 , member states may opt to take other measures to achieve energy efficiency gains among final customers . the annual amount of energy efficiency gains achieved through this approach shall be equivalent to the amount of energy efficiency gains required in paragraph 1 .


### by 1 january 2014 , member states shall establish and notify to the commission a national heating and cooling plan for developing the potential for the application of high - efficiency cogeneration and efficient district heating and cooling , containing the information set out in annex vii . the plans shall be updated and notified to the commission every five years . member states shall ensure by means of their regulatory framework that national heating and cooling plans are taken into account in local and regional development plans , including urban and rural spatial plans , and fulfil the design criteria in annex vii . ### by 31 december 2015 , member states shall carry out and notify to the commission a comprehensive assessment of cogeneration demand for developing the potential for the application of high - efficiency cogeneration and efficient district heating and cooling , containing the information set out in annex vii . if they have already carried out an equivalent assessment , they shall notify it to the commission . the assessment should consider different types of cogeneration on the basis of the specificities of different national demand and consumption patterns . the plans shall be updated and notified to the commission every five years . member states shall ensure that efficient use of energy resources and the development of resource efficient heating and cooling systems are considered in local and regional development planning , including urban and rural spatial plans , and in local and regional energy strategies and planning .


### the commission shall establish by 1 january 2013 by means of a delegated act in accordance with article 18 a methodology for the cost - benefit analysis referred to in paragraphs 4 , 7 and 8 . ### methodology for the cost - benefit analysis referred in paragraph 4 , 7 and 8 is presented in annex viii a .


### it lays down rules designed to remove barriers in the energy market and overcome market failures that impede efficiency in the supply and use of energy , and provides for the establishment of national energy efficiency targets for 2020 . ### it lays down rules designed to remove barriers in the energy market and overcome market failures that impede efficiency in the supply and use of energy , and provides for the establishment of indicative national energy efficiency targets for 2020 .


### member states shall take the necessary measures to develop efficient district heating and cooling infrastructure to accommodate the development of high - efficiency cogeneration and the use of heating and cooling from waste heat and renewable energy sources in accordance with paragraphs 1 , 3 , 6 and 7 . when developing district heating and cooling , they shall to the extent possible opt for high - efficiency cogeneration rather than heat - only generation . ### based on the assessment referred to in paragraph 1 , member states shall take the necessary measures to develop efficient district heating and cooling infrastructure to accommodate the development of high - efficiency cogeneration and the use of heating and cooling from waste heat and renewable energy sources in accordance with paragraphs 1 , 3 , 6 and 7 . when approving schemes for district heating and cooling , they shall to the extent possible and where cost - effective opt for high - efficiency cogeneration rather than heat - only generation .


### member states shall ensure that enterprises not included in the second subparagraph of paragraph 1 are subject to an energy audit carried out in an independent and cost - effective manner by qualified or accredited experts at the latest by 30 june 2014 and every three years from the date of the previous energy audit . ### member states shall encourage enterprises not included in the second subparagraph of paragraph 1 to carry out energy audits on a regularly basis in an independent and cost - effective manner by qualified or accredited experts . for this purpose member states may include energy audits as part of wider voluntary agreements concluded between organisations of stakeholders and an appointed body and supervised by the member state concerned or by the commission .


### member states shall ensure that the savings claimed by obligated parties are calculated in accordance with annex v . they shall put in place control systems under which at least a statistically significant proportion of the energy efficiency improvement measures put in place by the obligated parties is independently verified . ### member states shall ensure that the savings claimed by obligated parties are calculated in accordance with annex v . they shall put in place independent measurement , control and verification systems under which at least a statistically significant proportion and representative selection of the energy efficiency improvement measures put in place by the obligated parties is independently verified .


### an assessment of the possibility of establishing a ' white certificate ' scheme at union level has shown that , in the current situation , such a system would create excessive administrative costs and that there is a risk that energy savings would be concentrated in a number of member states and not introduced across the union . the latter objective can better be achieved , at least at this stage , by means of national energy efficiency obligation schemes or other alternative measures that achieve the same amount of energy savings . the commission should however define , by a delegated act , the conditions under which a member state could in future recognise the energy savings achieved in another member state . it is appropriate for the level of ambition of such schemes to be established in a common framework at union level while providing significant flexibility to member states to take full account of the national organisation of market actors , the specific context of the energy sector and final customers ' habits . the common framework should give energy utilities the option of offering energy services to all final customers , not only to those to whom they sell energy . this increases competition in the energy market because energy utilities can differentiate their product by providing complementary energy services . the common framework should allow member states to include requirements in their national scheme that pursue a social aim , notably in order to ensure that vulnerable customers have access to the benefits of higher energy efficiency . it should also allow member states to exempt small companies from the energy efficiency obligation . the commission communication “small business act” sets out principles that should be taken into account by member states that decide to abstain from applying this possibility . ### an assessment of the possibility of establishing a ' white certificate ' scheme at union level has shown that , in the current situation , such a system would create excessive administrative costs and that there is a risk that energy savings would be concentrated in a number of member states and not introduced across the union . the latter objective can better be achieved , at least at this stage , by means of national energy efficiency obligation schemes or other alternative measures that achieve the same amount of energy savings . the common framework should give energy utilities the option of offering energy services to all final customers , not only to those to whom they sell energy . this increases competition in the energy market because energy utilities can differentiate their product by providing complementary energy services . the common framework should allow member states to include requirements in their national scheme that pursue a social aim , notably in order to ensure that vulnerable customers have access to the benefits of higher energy efficiency . it should also allow member states to exempt small companies from the energy efficiency obligation . the commission communication “small business act” sets out principles that should be taken into account by member states that decide to abstain from applying this possibility .


### an assessment of the possibility of establishing a ‘ white certificate’ scheme at union level has shown that , in the current situation , such a system would create excessive administrative costs and that there is a risk that energy savings would be concentrated in a number of member states and not introduced across the union . the latter objective can better be achieved , at least at this stage , by means of national energy efficiency obligation schemes or other alternative measures that achieve the same amount of energy savings . the commission should however define , by a delegated act , the conditions under which a member state could in future recognise the energy savings achieved in another member state . it is appropriate for the level of ambition of such schemes to be established in a common framework at union level while providing significant flexibility to member states to take full account of the national organisation of market actors , the specific context of the energy sector and final customers ' habits . the common framework should give energy utilities the option of offering energy services to all final customers , not only to those to whom they sell energy . this increases competition in the energy market because energy utilities can differentiate their product by providing complementary energy services . the common framework should allow member states to include requirements in their national scheme that pursue a social aim , notably in order to ensure that vulnerable customers have access to the benefits of higher energy efficiency . it should also allow member states to exempt small companies from the energy efficiency obligation . the commission communication ‘ small business act’28 sets out principles that should be taken into account by member states that decide to abstain from applying this possibility . ### an assessment of the possibility of establishing a ‘ white certificate’ scheme at union level has shown that , in the current situation , such a system would create excessive administrative costs and that there is a risk that energy savings would be concentrated in a number of member states and not introduced across the union . the latter objective can better be achieved , at least at this stage , by means of national energy efficiency obligation schemes or other alternative measures that achieve the same amount of energy savings . the common framework should give energy utilities the option of offering energy services to all final customers , not only to those to whom they sell energy . this increases competition in the energy market because energy utilities can differentiate their product by providing complementary energy services . the common framework should allow member states to include requirements in their national scheme that pursue a social aim , notably in order to ensure that vulnerable customers have access to the benefits of higher energy efficiency . it should also allow member states to exempt small companies from the energy efficiency obligation . the commission communication ‘ small business act’28 sets out principles that should be taken into account by member states that decide to abstain from applying this possibility .


### this directive establishes a common framework for the promotion of energy efficiency within the union in order to ensure the achievement of the union ' s target of 20% primary energy savings by 2020 and to pave the way for further energy efficiency improvements beyond that date . ### this directive establishes a common framework of measures for the promotion of energy efficiency within the union in order to ensure the achievement of the union ' s 2020 20% headline target on energy efficiency and to pave the way for further energy efficiency improvements beyond that date .


### permit obligated parties to count towards their obligation certified energy savings achieved by energy service providers or other third parties ; in this case they shall establish an accreditation process that is clear , transparent and open to all market actors , and that aims at minimising the costs of certification ; ### permit obligated parties to count towards their obligation certified energy savings achieved by accredited energy service providers or other accredited third parties ; in this case they shall establish an accreditation process that is clear , transparent and open to all market actors , and that aims at minimising the costs of certification ;


### member states shall take the necessary measures to develop efficient district heating and cooling infrastructure to accommodate the development of high - efficiency cogeneration and the use of heating and cooling from waste heat and renewable energy sources in accordance with paragraphs 1 , 3 , 6 and 7 . when developing district heating and cooling , they shall to the extent possible opt for high - efficiency cogeneration rather than heat - only generation . ### member states shall take the necessary measures to develop efficient district heating and cooling infrastructure including the upgrade of existing infrastructure , to accommodate the development of high - efficiency cogeneration and the use of heating and cooling from waste heat and renewable energy sources in accordance with paragraphs 1 , 3 , 6 and 7 . when developing district heating and cooling , they shall to the extent possible opt for high - efficiency cogeneration rather than heat - only generation .


### the agency shall define , elaborate and coordinate common projects of union interest with regard to the areas referred to in paragraph 1 . the project definition shall contain the specific obligations and responsibilities of each participating industrial property office of the member states and the benelux office for intellectual property . ### the agency shall define , elaborate and coordinate common projects of union interest with regard to the areas referred to in paragraph 1 . the project definition shall set out the specific obligations and responsibilities of each participating industrial property office of the member states and the benelux office for intellectual property . throughout all phases of the common projects , the agency shall consult with representatives from users .


### in order to allow for more flexibility while ensuring greater legal certainty with regard to the means of representation of trademarks , the requirement of graphic representability should be deleted from the definition of a european trade mark . a sign should be permitted to be represented in any appropriate form , and thus not necessarily by graphic means , as long as the representation enables the competent authorities and the public to determine with precision and clarity the precise subject matter of protection . ### in order to allow for more flexibility while ensuring greater legal certainty with regard to the means of representation of trademarks , the requirement of graphic representability should be deleted from the definition of a european trade mark . a sign should be permitted to be represented in any appropriate form , and thus not necessarily by graphic means , as long as the sign is capable of being represented in a manner which is clear , precise , self - contained , easily accessible , durable and objective . a sign is therefore permitted in any appropriate form , taking account of generally available technology and enables the competent authorities and the public to determine the subject matter of protection .


### the agency shall define , elaborate and coordinate common projects of union interest with regard to the areas referred to in paragraph 1 . the project definition shall contain the specific obligations and responsibilities of each participating industrial property office of the member states and the benelux office for intellectual property . ### the management board shall define and elaborate common projects of union interest with regard to the areas referred to in paragraph 1 . the project definition shall set out the specific obligations and responsibilities of each participating industrial property office of the member states and the benelux office for intellectual property . throughout all phases of the common projects , the agency shall coordinate the common projects and consult with representatives from users .


### paragraph 1 shall apply notwithstanding that the grounds of non - registrability obtain : in only part of the union ; only where a trade mark in a foreign language or script is translated or transcribed in any script or official language of a member state . ### paragraph 1 shall apply notwithstanding that the grounds of non - registrability obtain in only part of the union .


### in providing such information the consolidated annual report may rely on national , eu - based or international frameworks and if so , shall specify which frameworks it has relied upon . ### in providing such information the consolidated annual report may rely on national , eu - based or international frameworks and if so , shall specify which frameworks it has relied upon . in respect of these frameworks , no later than 24 months after the publication of this directive , the european commission shall issue non - binding guidelines on the relevance of specific frameworks to specific types of non - financial reporting , with the aim of simplifying comparisons in non - financial reporting across the single market . the european commission shall draw up these guidelines following consultations with member states , national regulatory authorities , businesses and civil society organisations .


### for the purpose of ensuring that competent authorities are provided with adequate resources for the performance of official controls , the competent authorities shall collect fees to recover the costs they incur in relation to : ### for the purpose of ensuring that competent authorities are provided with adequate resources for the performance of official controls , the competent authorities may collect fees to recover , some or all of the costs they incur in relation to :


### member states should be required to ensure that adequate financial resources are always available in order to appropriately staff and equip the competent authorities performing official controls and other official activities . although operators are primarily responsible for ensuring that their activities are carried out in compliance with union agri - food chain rules , the system of own controls that they put in place for that purpose needs to be complemented by a dedicated system of official controls maintained by each member state to ensure effective market surveillance along the agri - food chain . such a system is , by its very nature , complex and resource demanding and should be provided with a stable influx of resources for official controls , at a level appropriate to the enforcement needs at any given moment . to reduce the dependency of the official control system from public finances , competent authorities should collect fees to cover the costs they incur when performing official controls on certain operators and for certain activities for which union agri - food chain legislation requires registration or approval in accordance with union rules on the hygiene of food and feed or rules governing plant health and plant reproductive material . fees should also be collected from operators to compensate the costs of official controls performed in view of issuing an official certificate or attestation , and costs of official controls performed by the competent authorities at border control posts . ### member states should be required to ensure that adequate financial resources are always available in order to appropriately staff and equip the competent authorities performing official controls and other official activities . although operators are primarily responsible for ensuring that their activities are carried out in compliance with union agri - food chain rules , the system of own controls that they put in place for that purpose needs to be complemented by a dedicated system of official controls maintained by each member state to ensure effective market surveillance along the agri - food chain . such a system is , by its very nature , complex and resource demanding and should be provided with a stable influx of resources for official controls , at a level appropriate to the enforcement needs at any given moment .


### the competent authorities shall collect fees in accordance with article 77 to recover the following costs : ### the competent authorities may collect fees in accordance with article 77 to recover the following costs :


### at the same time , europol shall request the national units of the member states concerned established on the basis of article 7 to initiate , conduct or coordinate a criminal investigation . ### member states shall fully consider any request by europol to initiate , conduct or coordinate investigations in specific cases ; the acceptance of this initiative shall be based on the facts and justifications made available by europol , the proportionality of the initiative , and existing eu and national legislation . member states shall decide whether or not to initiate such a request .


### to increase the effectiveness of europol as a hub for information exchange in the union , clear obligations for member states to provide europol with the data necessary for it to fulfil its objectives should be laid down . while implementing such obligations , member states should pay particular attention to providing data relevant for the fight against crimes considered to be strategic and operational priorities within relevant policy instruments of the union . member states should also provide europol with a copy of bilateral and multilateral exchanges of information with other member states on crime falling under europol ' s objectives . at the same time , europol should increase the level of its support to member states , so as to enhance mutual cooperation and sharing of information . europol should submit an annual report to all union institutions and to national parliaments on the extent to which individual member states provide it with information . ### to increase the effectiveness of europol as a hub for information exchange in the union , member states shall voluntarily provide europol with accurate , timely , and necessary data for it to fulfil its objectives . member states shall provide information to europol , with the aim of improving the quality and effectiveness of europol ' s operations . in providing such information member states should pay particular attention to providing data relevant for the fight against crimes considered to be strategic and operational priorities within relevant policy instruments of the union . at the same time , europol should increase the level of its support to member states , so as to enhance mutual cooperation and sharing of information . europol should submit an annual report to all union institutions and to national parliaments on the extent to which individual member states provide it with information .


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


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


### every significant new factor , material mistake or inaccuracy relating to the information included in the prospectus which is capable of affecting the assessment of the securities and which arises or is noted between the time when the prospectus is approved and the final closing of the offer to the public or , as the case may be , the time when trading on a regulated market begins , whichever occurs earlier , shall be mentioned in a supplement to the prospectus . such a supplement shall be approved in the same way in a maximum of seven working days and published in accordance with at least the same arrangements as were applied when the original prospectus was published . the summary , and any translations thereof , shall also be supplemented , if necessary to take into account the new information included in the supplement . ### every significant new factor , material mistake or inaccuracy relating to the information included in the prospectus which is capable of affecting the assessment of the securities and which arises or is noted between the time when the prospectus is approved and the final closing of the offer to the public or , as the case may be , the time when trading on a regulated market begins , whichever occurs later , shall be mentioned in a supplement to the prospectus . such a supplement shall be approved in the same way in a maximum of seven working days and published in accordance with at least the same arrangements as were applied when the original prospectus was published . the key information document , and any translations thereof , shall also be supplemented , if necessary to take into account the new information included in the supplement .


### the summary of the prospectus is a key source of information for retail investors . it should be short , simple and easy for targeted investors to understand . it should focus on the key information that investors need in order to be able to make informed investment decisions . its content should not be restricted to any predetermined number of words . the format and content of the summary should be determined in a way that ensures comparability with other investment products that are similar to the investment proposal described in the prospectus . therefore , member states should attach civil liability on the basis of the summary not only if it is misleading , inaccurate or inconsistent , when read together with the other parts of the prospectus , but also if it does not provide key information enabling investors to take informed investment decisions and to compare the securities with other investment products . ### the summary of the prospectus should be replaced by a key information document , which will be a key source of information for retail investors . it should be short , simple , clear and easy for targeted investors to understand . it should focus on essential elements that investors need in order to be able to decide which offers of securities to consider further . it should be concise and should present the information in a specified order to allow harmonisation to the highest extent possible and to facilitate comparability between prospectuses . esma should provide advice to the commission as to the scope of application of key information documents in the context of securities , the potential for the prips initiative to be developed further in the context of the forthcoming review of directive 2004 / 39 / ec and in light thereof as to any consequential implementing measures . member states should ensure that no civil liability attaches to any person solely on the basis of the key information document , including any translation thereof , unless it is misleading , inaccurate or inconsistent , when read together with the other parts of the prospectus . key investor information should contain a clear warning in this respect .


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


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


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


### member states shall ensure that schemes provide for coverage of eur 50 000 for each investor in respect of the claims referred to in article 2 or . ### member states shall ensure that schemes provide for a minimum level of coverage of eur 30 000 for each investor in respect of the claims referred to in article 2 or .


### member states shall ensure the setting - up of appropriate , effective , impartial and independent complaints and redress procedures for the out - of - court settlement of disputes between insurance intermediaries and customers , and between insurance undertakings and customers , using existing bodies where appropriate . member states shall further ensure that all insurance undertakings and insurance intermediaries participate in the procedures for the out - of - court settlement of disputes where the following conditions are met : ### member states shall ensure the setting - up of appropriate , effective , impartial and independent complaints and redress procedures for the out - of - court settlement of disputes between insurance intermediaries and customers , and between insurance undertakings and customers , using existing bodies where appropriate .


### where steps taken by the insurance intermediary or insurance undertaking in compliance with articles 15 , 16 and 17 are not sufficient to ensure , with reasonable confidence , that risks of damage to the interests of customers and potential customers arising from conflicts of interest will be prevented , the insurance intermediary or insurance undertaking shall clearly disclose the general nature or sources of conflicts of interest to the customer before undertaking business on the customer ' s behalf . ### an insurance intermediary or insurance undertaking shall maintain and operate effective organisational and administrative arrangements with a view to taking all reasonable steps designed to prevent conflicts of interest from adversely affecting the interests of its customers . where steps taken by the insurance intermediary or insurance undertaking are not sufficient to ensure , with reasonable confidence , that risks of damage to the interests of customers and potential customers arising from conflicts of interest will be prevented , the insurance intermediary or insurance undertaking shall clearly disclose the general nature and / or sources of conflicts of interest and the steps taken to mitigate those risks to the customer .


### when an insurance service or product is offered together with another service or product as a package , the insurance undertaking or , where applicable , the insurance intermediary shall offer and inform the customer that it is possible to buy the components of the package separately and shall provide information of the costs and charges of each component of the package that may be bought through or from it separately . ### when insurance is offered together with another service or product as a package , the insurance undertaking or , where applicable , the insurance intermediary shall inform the customer whether it is possible to buy the components of the package separately and shall provide information of the costs and charges of each component of the package that may be bought through or from it separately .


### assess a sufficiently large number of insurance products available on the market . the insurance products should be diversified with regard to their type and issuers or product providers and should not be limited to insurance products issued or provided by entities having close links with the insurance intermediary or insurance undertaking ; and ### assess a range of insurance products available on the market . the insurance products should be diversified with regard to their type and issuers or product providers and should not be limited to insurance products issued or provided by entities having close links with the insurance intermediary or insurance undertaking ; and


### when an insurance service or product is offered together with another service or product as a package , the insurance undertaking or , where applicable , the insurance intermediary shall offer and inform the customer that it is possible to buy the components of the package separately and shall provide information of the costs and charges of each component of the package that may be bought through or from it separately . ### in the case of bundling practices , the insurance undertaking or , where applicable , the insurance intermediary shall inform the customer whether it is possible to buy the components of the package separately and , if yes , shall provide information of the costs and charges of each component of the package that may be bought through or from it separately , at the client ' s request .


### where the commission has adopted a decision pursuant to paragraph 1 , the authority may adopt individual decisions requiring national supervisory authorities to take the necessary action in accordance with the legislation referred to in article 1 to address any risks that may jeopardise the orderly functioning and integrity of financial markets or the stability of the whole or part of the financial system by ensuring that financial institutions and national supervisory authorities satisfy the requirements laid down in that legislation . ### where the existence of an emergency situation is declared pursuant to paragraph 1 , the authority shall adopt individual decisions necessary to ensure that national supervisory authorities take the necessary action in accordance with the legislation referred to in article 1 to address any risks that may jeopardise the orderly functioning and integrity of financial markets or the stability of the whole or part of the financial system by ensuring that financial institutions and national supervisory authorities satisfy the requirements laid down in that legislation .


### transnational mobility of higher education and vocational training students as well as of young people involved in non - formal activities between the participating countries as referred in article 18 . this mobility may take the form of studying at a partner institution , traineeships abroad or participating in youth activities , notably volunteering . degree mobility at masters level shall be supported through the student loan guarantee facility as referred to in article 14 . ### transnational mobility of higher education and vocational training students as well as of young people involved in non - formal activities between the participating countries as referred in article 18 . this mobility may take the form of studying at a partner institution , traineeships abroad or participating in youth activities , including volunteering . degree mobility at masters level may be supported through the student loan guarantee facility as referred to in article 14 , but only after due consideration of overlaps with the marie curie programme under horizon 2020 .


### exemptions to the penalties mentioned in paragraph 5 may be introduced by member states in the case where the shipowner has not sold its ship with the intention to have it recycled . in that case , member states shall request evidence supporting the shipowner ' s claim including a copy of the sales contract . ### exemptions to the penalties may be introduced by member states in the case where the shipowner has not sold its ship with the intention to have it recycled . in that case , member states shall request evidence supporting the shipowner ' s claim including a copy of the sales contract .


### fines ### incentives and fines


### this regulation sets out a system of fines for effective correction of macroeconomic imbalances in the euro area . ### this regulation sets out a system of incentives and fines for effective correction of macroeconomic imbalances in the euro area .


### this regulation sets out a system of fines for effective correction of macroeconomic imbalances in the euro area . ### this regulation sets out a comprehensive system of incentives and fines for effective correction of macroeconomic imbalances in the euro area .


### in accordance with their respective responsibilities , the commission and the member states shall ensure coordination between the life programme and the european regional development fund , the european social fund , the cohesion fund , the european agricultural fund for rural development , and the european maritime and fisheries fund , in order to create synergies , particularly in the context of integrated projects referred to in article 18 point , and to support the use of solutions , methods and approaches developed under the life programme . at union level , coordination shall take place within the common strategic framework referred to in article 10 of regulation no… . . ### in accordance with their respective responsibilities , the commission and the member states shall ensure , where appropriate , coordination between the life programme and the european regional development fund , the european social fund , the cohesion fund , the european agricultural fund for rural development , and the european maritime and fisheries fund , in order to create synergies , particularly in the context of integrated projects referred to in article 18 point and also through the establishment of prioritised action frameworks referred to in article 8 of directive 92 / 43 / eec , and to support the use of solutions , methods and approaches developed under the life programme . at union level , coordination shall take place within the common strategic framework referred to in article 10 of regulation no . . . . .


### in accordance with their respective responsibilities , the commission and the member states shall ensure coordination between the life programme and the european regional development fund , the european social fund , the cohesion fund , the european agricultural fund for rural development , and the european maritime and fisheries fund , in order to create synergies , particularly in the context of integrated projects referred to in article 18 point , and to support the use of solutions , methods and approaches developed under the life programme . at union level , coordination shall take place within the common strategic framework referred to in article 10 of regulation no… . . ### in accordance with their respective responsibilities , the commission and the member states in an active and concerted effort shall ensure coordination between the life programme and the european regional development fund , the european social fund , the cohesion fund , the european agricultural fund for rural development , and the european maritime and fisheries fund , in order to create synergies , particularly in the context of integrated projects referred to in article 18 point and also through the establishment of prioritised action frameworks referred to in article 8 of directive 92 / 43 / eec , and to support the use of solutions , methods and approaches developed under the life programme . at union level , coordination shall take place within the common strategic framework referred to in article 10 of regulation no… . .


### participation of third countries in the life programme the life programme shall be open to the participation of the following countries : european free trade association countries which are parties to the agreement on the european economic area ; candidate countries , potential candidates and acceding countries to the union ; countries to which the european neighbourhood policy applies ; countries which have become members of the european environmental agency in accordance with council regulation no 993 / 1999 of 29 april 1999 amending regulation no 1210 / 90 on the establishment of the european environmental agency and the european environment information and observation network . such participation shall be done in accordance with the conditions laid down in the respective bilateral or multilateral agreements establishing the general principles for their participation in union programmes . ### participation of overseas countries and territories and third countries in the life programme the life programme shall be open to the participation of the following countries and territories : - the overseas countries and territories referred to in decision 2001 / 822 / ec ; european free trade association countries which are parties to the agreement on the european economic area ; candidate countries , potential candidates and acceding countries to the union ; countries to which the european neighbourhood policy applies ; countries which have become members of the european environmental agency in accordance with council regulation no 993 / 1999 of 29 april 1999 amending regulation no 1210 / 90 on the establishment of the european environmental agency and the european environment information and observation network . such participation shall be done in accordance with the conditions laid down in decision 2001 / 822 / ec and the respective bilateral or multilateral agreements establishing the general principles for their participation in union programmes .


### the natural persons in charge of alternative dispute resolution should only be considered impartial if they cannot be subject to pressure that potentially influences their attitude towards the dispute . there is a particular need to ensure the absence of such pressure where adr entities are financed by one of the parties to the dispute or an organisation of which one of the parties is a member . ### the natural persons in charge of alternative dispute resolution should only be considered impartial if they cannot be subject to pressure that potentially influences their attitude towards the dispute . there is a particular need to ensure the absence of such pressure where adr entities are financed by one of the parties to the dispute or an organisation of which one of the parties is a member before consumer compliant handling systems operated by the trader . specific requirements should be established for adr schemes in which the natural persons in charge of dispute resolution are employed exclusively by the trader .


### this directive should not apply to procedures before dispute resolution entities where the natural persons in charge of dispute resolution are employed exclusively by the trader nor to procedures before consumer compliant handling systems operated by the trader . it should not apply to direct negotiations between the parties . furthermore , it should not apply to attempts made by a judge to settle a dispute in the course of a judicial proceeding concerning that dispute . ### this directive should apply to procedures before dispute resolution entities where the natural persons in charge of dispute resolution are employed exclusively by the trader provided there is full compliance with the requirements laid down in chapter ii of this directive . the directive should not apply to procedures before consumer compliant handling systems operated by the trader nor to direct negotiations between the parties . furthermore , it should not apply to attempts made by a judge to settle a dispute in the course of a judicial proceeding concerning that dispute .


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


### this directive should not apply to procedures before dispute resolution entities where the natural persons in charge of dispute resolution are employed exclusively by the trader nor to procedures before consumer compliant handling systems operated by the trader . it should not apply to direct negotiations between the parties . furthermore , it should not apply to attempts made by a judge to settle a dispute in the course of a judicial proceeding concerning that dispute . ### this directive should apply to procedures before dispute resolution entities where the natural persons in charge of dispute resolution are employed exclusively by the trader provided there is full compliance with the specific independence and impartiality requirements . the directive should not apply to procedures before consumer compliant handling systems operated by the trader nor to direct negotiations between the parties . furthermore , it should not apply to attempts made by a judge to settle a dispute in the course of a judicial proceeding concerning that dispute .


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


### this directive should apply to contractual disputes between consumers and traders that are arising from the sale of goods or provision of services in all economic sectors . this should include complaints submitted by consumers against traders but also complaints submitted by traders against consumers . this directive should not apply to disputes between traders ; however , it should not prevent member states from adopting or maintaining in force provisions on procedures for the out - of - court resolution of such disputes . ### this directive should apply to contractual disputes between consumers and traders that are arising from the sale of goods or provision of services in all economic sectors . this should include disputes arising from the sale or provision of digital content for remuneration . this directive should apply to complaints submitted by consumers against traders . it should not apply to complaints submitted by traders against consumers . this directive should not apply to disputes between traders ; however , it should not prevent member states from adopting or maintaining in force provisions on procedures for the out - of - court resolution of such disputes .


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


### this cooperation shall include mutual exchange of information on business practices by traders about which consumers have lodged complaints . it shall also include the provision of technical assessment and information by such national authorities to adr entities where such assessment or information is necessary for the handling of individual disputes . ### this cooperation may include mutual exchange of information on practices in specific business sectors by traders about which consumers have lodged complaints . it shall also include the provision of technical assessment and information by such national authorities to adr entities where such assessment or information is necessary for the handling of individual disputes and cannot be obtained elsewhere .


### procedures before dispute resolution entities where the natural persons in charge of dispute resolution are employed exclusively by the trader ; ### procedures before dispute resolution entities where the natural persons in charge of dispute resolution are employed exclusively by the trader unless there is full compliance with the specific independence and impartiality requirements .


### when dealing with disputes covered by this directive take the necessary measures to ensure that the processing of personal data complies with the rules on the protection of personal data laid down in the national legislation implementing directive 95 / 46 / ec . ### take the necessary measures to ensure that the processing of personal data complies with the rules on the protection of personal data laid down in the national legislation implementing directive 95 / 46 / ec in which the adr entity is established .


### this directive should be without prejudice to member states maintaining or introducing adr procedures dealing jointly with identical or similar disputes between a trader and several consumers . such procedures can be seen as a preliminary step to further developing collective adr procedures within the union . ### this directive should be without prejudice to member states maintaining or introducing adr procedures dealing jointly with identical or similar disputes between a trader and several consumers . comprehensive impact assessments must be carried out on collective out - of - court settlements before they are proposed at a union level .


### each member state shall designate a competent authority in charge of monitoring the functioning and development of adr entities established on its territory . each member state shall communicate the authority it has designated to the commission . ### each member state shall designate an authority as competent authority in terms of articles 16 and 17 . each member state may designate more than one competent authority . if a member state does so , it shall determine which of the competent authorities designated is the single point of contact for the commission among the competent authorities established on its territory . each member state shall communicate the authority or , where appropriate , the competent authorities including the single point of contact it has designated to the commission .


### member states shall ensure that adr entities , consumer associations , business associations , the centres of the european consumer centre network and , where appropriate , the bodies designated in accordance with article 11 make publicly available at their premises and on their websites the list of adr entities referred to in article 17 . ### member states shall ensure that adr entities , the centres of the european consumer centre network and , where appropriate , the bodies designated in accordance with article 11 , make publicly available on their websites by providing a link to the commission ' s website and by any other means they consider appropriate , the list of adr entities referred to in article 17 .


### adr entities are highly diverse across the union but also within the member states . this directive should cover any entity that is established on a durable basis and offers the resolution of a dispute through an adr procedure . an arbitration procedure which is created outside the framework of an adr entity on an ad hoc basis for a single dispute between a consumer and a trader should not be considered as an adr procedure . ### adr entities are highly diverse across the union but also within the member states . this directive should cover any entity that is established on a durable basis to solve a dispute between a consumers and a trader that has been listed in accordance with article 17 of this directive . an arbitration procedure which is created outside the framework of an adr entity on an ad hoc basis for a single dispute between a consumer and a trader should not be considered as an adr procedure .


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


### the dispute is resolved within 90 days from the date on which the adr entity has received the complaint . in the case of complex disputes , the adr entity may extend this time period . ### the outcome of adr procedure is made available within 90 days from the date on which the adr entity has received the complaint and all relevant documentation pertaining to that complaint . in the case of complex disputes or for other justified grounds , this time period may be exceeded .


### member states shall ensure that adr entities cooperate on the resolution of cross - border disputes . ### member states shall encourage adr entities to cooperate with the resolution of cross - border disputes .


### any extension pursuant to paragraph 3 shall be preceded by an investigation upon a request by a member state , by any legal person or any association not having legal personality , acting on behalf of the union industry , or on the commission ' s own initiative if there is sufficient prima facie evidence that the conditions laid down in paragraph 3 are met , on the basis of factors referred to in article 4 . ### any extension pursuant to paragraph 3 shall be preceded by an investigation upon a request by a member state , by any legal person or any association not having legal personality , acting on behalf of the union industry , by the european parliament or on the commission ' s own initiative if there is sufficient prima facie evidence that the conditions laid down in paragraph 3 are met , on the basis of factors referred to in article 4 .


### the executive director of the agency shall provide the commission and the management board annually with information on the components that may have a bearing on the costs to be covered by the fees provided for in this regulation . this information shall include a cost breakdown related to the previous year and a forecast for the following year . the executive director of the agency shall also provide the commission and the management board once per year with the performance information set out in part v of the annex based on the performance indicators referred to in paragraph 3 . ### the executive director of the agency shall provide the commission , the management board , the court of auditors and the member states annually with information on the components that may have a bearing on the costs to be covered by the fees provided for in this regulation . this information shall include a cost breakdown related to the previous year and a forecast for the following year . the executive director of the agency shall also openly publish this overview in its public annual report . the executive director of the agency shall also provide the commission and the management board once per year with the performance information set out in part v of the annex based on the performance indicators referred to in paragraph 3


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


### any amendments to the amounts shall be based on an evaluation of the costs of the agency and the costs of the assessments provided by the rapporteurs as laid down in article 9 or on the monitoring of the inflation rate referred to in article 15 . ### any amendments to the amounts shall be based on a transparent and open evaluation of the costs of the agency and the costs of the assessments provided by the rapporteurs as laid down in article 9 or on the monitoring of the inflation rate referred to in article 15 .


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


### the competent authorities in the member states may exchange information with the commission so as to make it easier to establish the facts and to ensure effective action against the criminal offences referred to in title ii . the commission and the competent national authorities shall take account in each specific case of the requirements of investigation secrecy and data protection . to that end , a member state , when supplying information to the commission , may set specific conditions covering the use of information , whether by the commission or by another member state to which that information may be passed . ### the competent authorities in the member states may , within their respective competences , exchange information with the commission and with eurojust so as to make it easier to establish the facts and to ensure effective action against the criminal offences referred to in articles 3 , 4 and 5 . the commission , eurojust and the competent national authorities shall take account in each specific case of the requirements of investigation secrecy and data protection . to that end , a member state , when supplying information to the commission and eurojust , may set specific conditions covering the use of information , whether by the commission , eurojust or by another member state to which that information may be passed .


### member states shall take the necessary measures to ensure that the following conduct , when committed intentionally , is punishable as a criminal offence : the action of a public official , who , directly or through an intermediary , requests or receives advantages of any kind whatsoever , for himself or for a third party , or accepts a promise of such an advantage , to act or refrain from acting in accordance with his duty or in the exercise of his functions in a way which damages or is likely to damage the union ' s financial interests ; the action of whosoever promises or gives , directly or through an intermediary , an advantage of any kind whatsoever to a public official for himself or for a third party for him to act or refrain from acting in accordance with his duty or in the exercise of his functions in a way which damages or is likely to damage the union ' s financial interests . ### member states shall take the necessary measures to ensure that passive corruption and active corruption , when committed intentionally , are punishable as criminal offences . for the purposes of this directive , passive corruption shall consist of the action of a public official , who , directly or through an intermediary , requests or receives advantages of any kind whatsoever , for himself or for a third party , or accepts a promise of such an advantage , to act or refrain from acting in accordance with his duty or in the exercise of his functions in a way which damages or is likely to damage the union ' s financial interests . for the purposes of this directive , active corruption shall consist of the action of whosoever promises or gives , directly or through an intermediary , an advantage of any kind whatsoever to a public official for himself or for a third party for him to act or refrain from acting in accordance with his duty or in the exercise of his functions in a way which damages or is likely to damage the union ' s financial interests .


### as regards natural persons , member states shall ensure that the criminal offences referred to in title ii shall be punishable by effective , proportionate and dissuasive criminal penalties , including fines and imprisonment as specified in article 8 . ### as regards natural persons , member states shall ensure that the criminal offences referred to in articles 3 , 4 and 5 shall be punishable by effective , proportionate and dissuasive criminal penalties , including fines and imprisonment as specified in article 8 .


### the member states and the commission shall cooperate with each other in the fight against the criminal offences referred to in title ii . to that end the commission shall lend such technical and operational assistance as the competent national authorities may need to facilitate coordination of their investigations . ### without prejudice to the rules on cross - border cooperation and mutual legal assistance in criminal matters , the member states and the commission shall , within their respective competences , cooperate with each other in the fight against the criminal offences referred to in articles 3 , 4 and 5 . to that end the commission shall lend such technical and operational assistance as the competent national authorities may need to facilitate coordination of their investigations .


### the action of whosoever promises or gives , directly or through an intermediary , an advantage of any kind whatsoever to a public official for himself or for a third party for him to act or refrain from acting in accordance with his duty or in the exercise of his functions in a way which damages or is likely to damage the union ' s financial interests . ### for the purposes of this directive , active corruption shall consist of the action of whosoever promises , offers or gives , directly or through an intermediary , an advantage of any kind whatsoever to a public official for himself or for a third party for him to act or refrain from acting in accordance with his duty or in the exercise of his functions in a way which damages or is likely to damage the union ' s financial interests .


### cooperation between the member states and the european commission ### cooperation


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


### if , at the end of the six month period , a competent authority has referred the matter to the european banking authority in accordance with article 11 of regulation … / … [ eba ] , the consolidating supervisor shall await any decision that the european banking authority may take in accordance with article 11 of that regulation , and shall act in conformity with that decision . the six month period shall be deemed the conciliation period within the meaning of the regulation . the european banking authority shall take its decision within one month . the matter shall not be referred to the authority after the end of the six month period or after a joint decision has been reached ' . ### if , at the end of the six month period , any of the competent authorities concerned has referred the matter to the european banking authority in accordance with article 11 of regulation … / … [ eba ] , the consolidating supervisor shall defer its decision and await any decision that the european banking authority may take in accordance with article 11 of that regulation on its decision , and shall take its decision in conformity with the authority ' s decision . the six - month period shall be deemed the conciliation period within the meaning of the regulation . the european banking authority shall take its decision within one month . the matter shall not be referred to the authority after the end of the six - month period or after a joint decision has been reached . decisions taken by the european banking authority shall not replace the lawful exercise of judgment by the competent authorities of the consolidating supervisor pursuant to this directive ' ;


### ' if , at the end of the two month period , a competent authority has referred the matter to the european banking authority in accordance with article 11 of regulation … / … [ eba ] , the consolidating supervisor shall await any decision that the european banking authority may take in accordance with article 11 of that regulation , and shall act in conformity with that decision . the two month period shall be deemed the conciliation period within the meaning of that regulation . the european banking authority shall take its decision within one month . the matter shall not be referred to the authority after the end of the two month period or after a joint decision has been reached ' . ### ' if , at the end of the initial two - month period , any of the competent authorities concerned has referred the matter to the european banking authority in accordance with article 11 of regulation … / … [ eba ] , the competent authorities of the host member state shall defer their decision and await the decision that the european banking authority may take in accordance with article 11 of that regulation , and shall take their decision in conformity with the authority ‘ s decision . the two - month period shall be deemed the conciliation period within the meaning of that regulation . the european banking authority shall take its decision within one month . the matter shall not be referred to the authority after the end of the initial two - month period or after a joint decision has been reached . decisions taken by the european banking authority shall not replace the lawful exercise of judgment by the competent authorities of the host member state pursuant to this directive” .


### if , at the end of the two month period , a competent authority has referred the matter to the european banking authority in accordance with article 11 of regulation … / … [ eba ] , the consolidating supervisor shall await any decision that the european banking authority may take in accordance with article 11 of that regulation , and shall act in conformity with that decision . the two month period shall be deemed the conciliation period within the meaning of that regulation . the european banking authority shall take its decision within one month . the matter shall not be referred to the authority after the end of the two month period or after a joint decision has been reached . ### if , at the end of the two month period , any of the competent authorities concerned has referred the matter to the european banking authority in accordance with article 11 of regulation … / … [ eba ] , the consolidating supervisor shall await any decision that the european banking authority may take in accordance with article 11 of that regulation on its proposed decision , to settle the matter in order to ensure compliance with eu law , and shall take its final decision in conformity with the eba ' s decision . the two month period shall be deemed the conciliation period within the meaning of that regulation . the european banking authority shall take its decision within one month . the matter shall not be referred to the authority after the end of the two month period or after a joint decision has been reached .


### if , at the end of the six month period , a competent authority has referred the matter to the european banking authority in accordance with article 11 of regulation … / … [ eba ] , the consolidating supervisor shall await any decision that the european banking authority may take in accordance with article 11 of that regulation , and shall act in conformity with that decision . the six month period shall be deemed the conciliation period within the meaning of the regulation . the european banking authority shall take its decision within one month . the matter shall not be referred to the authority after the end of the six month period or after a joint decision has been reached . ### if , at the end of the six month period , any of the competent authorities concerned has referred the matter to the european banking authority in accordance with article 11 of regulation… the consolidating supervisor shall await any decision that the eba may take in accordance with article 11 of that regulation on its proposed decision , to settle the matter in order to ensure compliance with eu law , and shall take its final decision in conformity with the eba ' s decision . the six month period shall be deemed the conciliation period within the meaning of the regulation . the eba shall take its decision within one month . the matter shall not be referred to the authority after the end of the six month period or after a joint decision has been reached .


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


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


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


### by way of derogation from paragraph 1 , where it is not possible to take the fingerprints of an applicant on account of measures taken to ensure the health of the applicant or the protection of public health , member states shall take and send the fingerprints of the applicant as soon as possible and no later than 48 hours after these grounds no longer prevail . ### by way of derogation from paragraph 1 , where it is not possible to take the fingerprints of an applicant on account of measures taken to ensure the health of the applicant , for the protection of public health or for technical reasons , member states shall take and send the fingerprints of the applicant as soon as possible and no later than 48 hours after these grounds no longer prevail .