### in order to facilitate their criminal activities , money launderers and terrorist financers could try to take advantage of the freedom of capital movements entailed by the integrated financial area , unless certain coordinating measures are adopted at union level . by its scale , union action should ensure that recommendation 16 on wire transfers of the financial action task force , adopted in february 2012 is transposed uniformly throughout the union , and , in particular , that there is no discrimination between national payments within a member state and cross border payments between member states . uncoordinated action by member states alone in the field of cross border transfers of funds could have a significant impact on the smooth functioning of payment systems at union level and therefore damage the internal market in the field of financial services . ### in order to facilitate their criminal activities , money launderers and terrorist financers could try to take advantage of the freedom of capital movements entailed by the integrated financial area , unless certain coordinating measures are adopted at union as well as the international level . international cooperation within the framework of the financial action task force and the global implementation of its recommendations are aimed at preventing regulatory arbitrage and the distortion of competition . by its scale , union action should ensure that fatf recommendation 16 on wire transfers adopted in february 2012 is transposed uniformly throughout the union , and , in particular , that there is no discrimination between national payments within a member state and cross border payments between member states . uncoordinated action by member states alone in the field of cross border transfers of funds could have a significant impact on the smooth functioning of payment systems at union level and therefore damage the internal market in the field of financial services .


### in order to facilitate their criminal activities , money launderers and terrorist financers could try to take advantage of the freedom of capital movements entailed by the integrated financial area , unless certain coordinating measures are adopted at union level . by its scale , union action should ensure that recommendation 16 on wire transfers of the financial action task force , adopted in february 2012 is transposed uniformly throughout the union , and , in particular , that there is no discrimination between national payments within a member state and cross border payments between member states . uncoordinated action by member states alone in the field of cross border transfers of funds could have a significant impact on the smooth functioning of payment systems at union level and therefore damage the internal market in the field of financial services . ### in order to facilitate their criminal activities , money launderers and terrorist financers are taking advantage of the freedom of capital movements entailed by the integrated financial area , unless certain coordinating measures are adopted at union level . by its scale , union action should ensure that recommendation 16 on wire transfers of the financial action task force , adopted in february 2012 is transposed uniformly throughout the union , and , in particular , that there is no discrimination and discrepancies between national payments within a member state and cross border payments between member states . uncoordinated action by member states alone in the field of cross border transfers of funds could have a significant impact on the smooth functioning of payment systems at the union level and therefore damage the internal market in the field of financial services .


### in order to foster a coherent approach in the international context in the field of combating money laundering and terrorist financing , further union action should take account of developments at that level , namely the international standards on combating money - laundering and the financing of terrorism and proliferation adopted in 2012 by the fatf , and in particular recommendation 16 and the revised interpretative note for its implementation . ### in order to foster a coherent approach in the international context and make the fight against money laundering and terrorist financing more efficient , further union action should take account of developments at that level , namely the international standards on combating money - laundering and the financing of terrorism and proliferation adopted in 2012 by the fatf , and in particular recommendation 16 and the revised interpretative note for its implementation .


### the provisions of this regulation apply without prejudice to national legislation implementing directive 95 / 46 / ec of the european parliament and of the council of 24 october 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data19 . for example , personal data collected for the purpose of complying with this regulation should not be further processed in a way inconsistent e with directive 95 / 46 / ec . in particular , further processing for commercial purposes should be strictly prohibited . the fight against money laundering and terrorist financing is recognised as an important public interest ground by all member states . hence , in the application of this regulation , the transfer of personal data to a third country which does not ensure an adequate level of protection in the meaning of article 25 of directive 95 / 46 / ec should be permitted according to article 26 of the same directive . __________________ 19 oj l 281 , 23 . 11 . 1995 , p . 31 . ### the provisions of this regulation apply without prejudice to national legislation implementing directive 95 / 46 / ec of the european parliament and of the council19 . for example , personal data collected for the purpose of complying with this regulation should not be further processed in a way inconsistent e with directive 95 / 46 / ec . in particular , further processing for commercial purposes should be strictly prohibited . the fight against money laundering and terrorist financing is recognised as an important public interest ground by all member states . hence , in the application of this regulation , the transfer of personal data to a third country which does not ensure an adequate level of protection in the meaning of article 25 of directive 95 / 46 / ec should be permitted according to article 26 of the same directive . it is important that payment service providers operating in multiple jurisdictions with branches or subsidiaries located outside the union are not unreasonably prevented from sharing information on suspicious transactions within the same organisation . this is without prejudice to international agreements concluded between the union and third countries on combating money laundering including appropriate safeguards for citizens ensuring an equivalent or adequate level of protection . __________________ 19 directive 95 / 46 / ec of the european parliament and of the council of 24 october 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data .


### owing to the potential terrorist financing threat posed by anonymous transfers , it is appropriate to require payment service providers to request information on the payer and the payee . in line with the risk based approach developed by fatf , it is appropriate to identify areas of higher and lower risk with a view to better targeting money laundering and terrorist financing risks . accordingly , the payment service provider of the payee and the intermediary service provider should establish effective risk - based procedures for cases where a transfer of funds lacks the required payer and payee information , in order to decide whether to execute , reject or suspend that transfer and what appropriate follow - up action to take . where the payment service provider of the payer is established outside the territory of the union , enhanced customer due diligence should be applied , in accordance with directive [ xxxx / yyyy ] , in respect of cross - border correspondent banking relationships with that payment service provider . ### owing to the potential terrorist financing threat posed by anonymous transfers , it is appropriate to require payment service providers to request information on the payer and the payee . in line with the risk based approach developed by fatf , it is appropriate to identify areas of higher and lower risk with a view to better targeting money laundering and terrorist financing risks . accordingly , the payment service provider of the payee and the intermediary service provider should establish effective risk - based procedures and assess and weigh risks so that resources can be explicitly steered towards high - risk areas of money laundering . such effective risk - based procedures for cases where a transfer of funds lacks the required payer and payee information will help payment service providers to better decide whether to execute , reject or suspend that transfer and what appropriate follow - up action to take . where the payment service provider of the payer is established outside the territory of the union , enhanced customer due diligence should be applied , in accordance with directive [ xxxx / yyyy ] , in respect of cross - border correspondent banking relationships with that payment service provider .


### in order to ensure uniform conditions for the implementation of articles xxx of this regulation , implementing powers should be conferred on the commission . those powers should be exercised in accordance with regulation no 182 / 2011 of the european parliament and of the council of 16 february 2011 laying down the rules and general principles concerning mechanisms for control by member states of the commission ' s exercise of implementing powers24 . __________________ 24 oj l 55 , 28 . 2 . 2011 , p . 13 . ### in order to ensure uniform conditions for the implementation of chapter v of this regulation , implementing powers should be conferred on the commission . those powers should be exercised in accordance with regulation no 182 / 2011 of the european parliament and of the council24 . __________________ 24 regulation no 182 / 2011 of the european parliament and of the council of 16 february 2011 laying down the rules and general principles concerning mechanisms for control by member states of the commission ' s exercise of implementing powers .


### ‘ payee’ means a natural or legal person who is the intended recipient of transferred funds ; ### ' payee ' means a payee as defined in article 4 of directive 2007 / 64 / ec ;


### ‘ payment service provider’ means a natural or legal person who provides the service of transferring funds in his or her professional capacity ; ### ' payment service provider ' means a payment service provider as defined in article 4 of directive 2007 / 64 / ec ;


### ‘ a person - to - person’ transfer of funds means a transaction between two natural persons . ### ' a person - to - person ' transfer of funds means a transaction between two natural persons , who , as consumers , act for purposes other than their trade , business or profession .


### this regulation shall not apply to transfers of funds carried out using a credit or debit card , or a mobile telephone or any other digital or information technology device , where the following conditions are fulfilled : ### this regulation shall not apply to transfers of funds carried out using a credit , debit or prepaid card or voucher , or a mobile telephone or any other digital or information technology device , where the following conditions are fulfilled :


### however , this regulation shall apply when a credit or debit card , or a mobile telephone , or any other digital or it device is used in order to effect a person - to - person transfer of funds . ### however , this regulation shall apply when a credit or debit card , or a mobile telephone , or any other digital or it prepaid or postpaid device is used in order to affect a person - to - person transfer of funds .


### notwithstanding paragraph 1 , the payment service provider of the payer shall , upon request from the payment service provider of the payee or the intermediary payment service provider , make available the information on the payer or the payee in accordance with article 4 , within three working days of receiving that request . ### notwithstanding paragraph 1 , the payment service provider of the payer shall , in the case of an identified higher risk as referred to in the article 16 or , or in annex iii to directive [ xxxx / yyyy ] , require the complete information relating to the payer and to the payee or , upon request from the payment service provider of the payee or the intermediary payment service provider , make available the information on the payer or the payee in accordance with article 4 , within three working days of receiving that request .


### the payment service provider of the payee shall detect whether the fields relating to the information on the payer and the payee in the messaging system or the payment and settlement system used to effect the transfer of funds , have been filled in using the characters or inputs admissible within the conventions of that system . ### the payment service provider of the payee shall detect whether the fields relating to the information on the payer and the payee in the messaging system or the payment and settlement system used to effect the transfer of funds , have been filled in using the characters or inputs admissible within the conventions of that messaging or payment and settlement system .


### the payment service provider of the payee shall establish effective risk - based procedures for determining when to execute , reject or suspend a transfer of funds lacking the required payer and payee information and the appropriate follow up action . ### the payment service provider of the payee shall establish effective risk - based procedures , based on the identified risks in article 16 and annex iii to directive [ xxxx / yyyy ] , for determining when to execute , reject or suspend a transfer of funds lacking the required payer and payee information and the appropriate follow up action .


### if the intermediary payment service provider becomes aware , when receiving transfers of funds , that information on the payer and the payee required under articles 4 and , 5 and 6 is missing or incomplete , it shall either reject the transfer or ask for complete information on the payer and the payee . ### if the intermediary payment service provider becomes aware , when receiving transfers of funds , that information on the payer and the payee required under articles 4 and , 5 and 6 is missing or incomplete or has not been completed using the characters or inputs admissible within the conventions of the messaging or payment and settlement system , it shall either reject the transfer or suspend it and ask for complete information on the payer and the payee before executing the payment transaction .


### the payment service provider of the payee shall consider missing or incomplete information on the payer and the payee as a factor in assessing whether the transfer of funds , or any related transaction , is suspicious , and whether it must be reported to the financial intelligence unit . ### the payment service provider of the payee shall consider missing or incomplete information on the payer and the payee as one of the factors in assessing whether the transfer of funds , or any related transaction , is suspicious , and whether it must be reported to the financial intelligence unit . the payment service provider shall , in its effective risk - based procedures , also focus on , and take appropriate measures regarding , other risk factors as identified in the article 16 and in annex iii to directive [ xxxx / yyyy ] .


### payment service providers shall respond fully and without delay , in accordance with the procedural requirements established in the national law of the member state in which they are established , to enquiries from the authorities responsible for combating money laundering or terrorist financing of that member state concerning the information required under this regulation . ### payment service providers shall respond fully and without delay , in accordance with the procedural requirements established in the national law of the member state in which they are established , to enquiries exclusively from the authorities responsible for combating money laundering or terrorist financing of that member state concerning the information required under this regulation . specific safeguards shall be put in place in order to ensure that such exchanges of information respect data protection requirements .


### administrative sanctions and measures imposed in the cases referred to in articles 17 and 18 shall be published without undue delay including information on the type and nature of the breach and the identity of persons responsible for it , unless such publication would seriously jeopardise the stability of financial markets . ### the competent authorities shall publish administrative sanctions and measures imposed in the cases referred to in articles 17 and 18 without undue delay including information on the type and nature of the breach and the identity of persons responsible for it .


### member states shall require competent authorities to effectively monitor , and take necessary measures with a view to ensuring , compliance with the requirements of this regulation . ### member states shall require competent authorities to effectively monitor , and take necessary measures with a view to ensuring compliance with the requirements of this regulation .


### where reference is made to this paragraph , article 5 of regulation no 182 / 2011 shall apply . ### where reference is made to this paragraph , article 5 of regulation no 182 / 2011 shall apply , provided that implementing provisions adopted under the procedure set out therein do not alter the basic provisions of this regulation .


### this regulation should also further reduce noise limits . it should take account of regulation no 661 / 2009 of the european parliament and of the council of 13 july 2009 concerning type - approval requirements for the general safety of motor vehicles , their trailers and systems , components and separate technical units intended therefor , which introduced new stricter noise requirements for motor vehicle tyres . studies highlighting the annoyance and health effects from road traffic noise , and the associated costs and benefits should also be heeded . ### this regulation should also further reduce noise limits . it should take account of regulation no 661 / 2009 of the european parliament and of the council of 13 july 2009 concerning type - approval requirements for the general safety of motor vehicles , their trailers and systems , components and separate technical units intended therefore , which introduced new stricter noise requirements for motor vehicle tyres . studies highlighting the annoyance and health effects from road traffic noise , and the associated costs and benefits should also be heeded . in particular , this regulation must also take account of the huge costs that will be born to industry and consumers at a time of economic hardship and the effects on the competitiveness of european vehicle manufacturers in the global market .


### by 31 january of [ &#8230 ; ] [ insert a date - the year following the date referred to in the first subparagraph of article 18 ] , and by 31 january and 1 july of every year thereafter , member states shall communicate to the commission and publish in an appropriate publication a detailed report providing the following information : ### do 31 . by 31 january of [ &#8230 ; ] [ insert a date - the year following the date referred to in the first subparagraph of article 18 ] , and by 31 january of every year thereafter , member states shall communicate to the commission and publish in an appropriate publication a detailed report providing the following information :


### the commission shall publish every six months a report on the information submitted by member states according to paragraph 1 . ### the commission shall publish a report once a year on the information submitted by member states according to paragraph 1 .


### that they are in conformity with the treaties . ### that those measures are in conformity with the treaties , in particular with the principle of proportionality , and the union ' s international obligations .


### efficient market monitoring is vital to detecting and deterring market abuse on wholesale energy markets . the agency is best placed to carry out such monitoring as it has both a union wide view of electricity and gas markets , and the necessary expertise in the operation of electricity and gas markets and systems in the union . national regulatory authorities having an important understanding of developments on energy markets in their member state should have an important role in ensuring efficient market monitoring . ### efficient market monitoring is vital to detecting and deterring market abuse on wholesale energy markets . the agency is best placed to carry out such monitoring as it has both a union wide view of electricity and gas markets , and the necessary expertise in the operation of electricity and gas markets and systems in the union . the agency should closely cooperate with national regulatory authorities which , having an important understanding of developments on energy markets in their member state , are best placed to provide essential expertise in ensuring efficient market monitoring .


### the agency may decide to make publicly available parts of the information which it holds provided that commercially sensitive information on individual market participants or individual transactions is not released . ### the agency should be in a position to make , where appropriate , publicly available the information which it holds provided that commercially sensitive information on individual market participants or individual transactions is not released .


### when an electronic identification using an electronic identification means and authentication is required under national legislation or administrative practice to access a service online , any electronic identification means issued in another member state falling under a scheme included in the list published by the commission pursuant to the procedure referred to in article 7 shall be recognised and accepted for the purposes of accessing this service . ### when an electronic identification using an electronic identification means and authentication is required under national legislation or administrative practice to access a public service online in one member state , the electronic identification means issued in another member state under a scheme , which is included in the list published by the commission pursuant to the procedure referred to in article 7 shall be recognised in the first member states for the purposes of accessing that service online , provided that those electronic identification means correspond to an identity assurance level equal to or higher than the identity assurance level required for access to that service online in the first member state .


### electronic identification schemes shall be eligible for notification pursuant to article 7 if all the following conditions are met : ### an electronic identification schemes shall be eligible for notification pursuant to article 7 if all the following conditions are met :


### the electronic identification means can be used to access at least public services requiring electronic identification in the notifying member state ; ### the electronic identification means under that scheme can be used to access at least one service provided by a public sector body requiring electronic identification in the notifying member state ;


### a description of the notified electronic identification scheme ; ### a description of the notified electronic identification scheme ; including its identity assurance levels ;


### member states shall cooperate in order to ensure the interoperability of electronic identification means falling under a notified scheme and to enhance their security . ### the national electronic identification infrastructures need to provide for interoperability with the electronic identification infrastructures of other member states . the interoperability between the national electronic identification infrastructures shall be ensured through an interoperability model . 1a . the interoperability model shall include the necessary minimum technical requirements , the common operational security standards and the levels of identity assurance and standards against which member states will map their national scheme , certification and governance . 1b . the interoperability model shall : ensure technology neutrality ; ii ) facilitate the principle of privacy by design ; iii ) ensure personal data is processed in accordance with directive 95 / 46ec . 1c . by [ insert the date ] , in order to establish uniform conditions for implementing paragraphs 1 , 1a and 1b , the commission shall adopt implementing acts on standards , protocols for the interoperability model and identity assurance levels . 1d . member states shall cooperate in order to ensure the interoperability of electronic identification means falling under a notified electronic identification scheme and to enhance their security . 1e . the cooperation between member states shall consist of : exchange of information , experience and good practice on eid schemes ; ii ) peer review of eid schemes ; iii ) examination of relevant developments in the eid sector .


### the commission shall , by means of implementing acts , establish the necessary modalities to facilitate the cooperation between the member states referred to in paragraph 1 with a view to fostering a high level of trust and security appropriate to the degree of risk . those implementing acts shall concern , in particular , the exchange of information , experiences and good practice on electronic identification schemes , the peer review of notified electronic identification schemes and the examination of relevant developments arising in the electronic identification sector by the competent authorities of the member states . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 39 . ### the commission shall , by means of implementing acts , establish the necessary modalities to facilitate the cooperation between the member states referred to in paragraphs 1d and 1e with a view to fostering a high level of trust and security appropriate to the degree of risk .


### qualified trust services and qualified certificates provided by qualified trust service providers established in a third country shall be accepted as qualified trust services and qualified certificates provided by a qualified trust service providers established in the territory of the union if the qualified trust services or qualified certificates originating from the third country are recognised under an agreement between the union and third countries or international organisations in accordance with article 218 tfue . ### trust services provided by trust service providers established in a third country shall be recognised as legally equivalent to qualified trust services provided by qualified trust service providers established in the union if the trust services originating from the third country comply with the relevant requirements of this regulation as determined by a supervisory body established in a member state .


### each supervisory body shall submit a yearly report on the last calendar year ' s supervisory activities to the commission and member states by the end of the first quarter of the following year . it shall include at least : ### annually , by the 31st march , each supervisory body shall submit to the commission a report on its previous calendar year ' s activities together with a summary of breach notifications received from trust service providers in accordance with article 15 .


### supervisory bodies shall cooperate with a view to exchange good practice and provide each other , within the shortest possible time , with relevant information and mutual assistance so that activities can be carried out in a consistent manner . mutual assistance shall cover , in particular , information requests and supervisory measures , such as requests to carry out inspections related to the security audits as referred to in articles 15 , 16 and 17 . ### supervisory bodies shall cooperate with a view to exchanging good practice . a supervisory body shall , upon a receiving a request from another supervisory body , provide that body with assistance so that their activities can be carried out in a consistent manner . supervisory bodies shall also cooperate where a request is made under the regulation no 765 / 2008 of the european parliament and of the council of 9 july 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products1 . in addition , mutual assistance may also cover information requests and supervisory measures related to the conformity assessment reports as referred to in articles 15 , 16 and 17 of this regulation . ______________ 1 oj l 218 , 13 . 8 . 2008 , p . 30 .


### it is not competent to deal with the request ; or ### the supervisory body is not competent to provide the requested assistance ;


### compliance with the request would be incompatible with this regulation . ### if the requested assistance would be incompatible with this regulation .


### trust service providers who are established in the territory of the union shall take appropriate technical and organisational measures to manage the risks posed to the security of the trust services they provide . having regard to state of the art , these measures shall ensure that the level of security is appropriate to the degree of risk . in particular , measures shall be taken to prevent and minimise the impact of security incidents and inform stakeholders of adverse effects of any incidents . ### trust service providers shall manage the risks posed to the security of the trust services they provide in accordance with existing industry best practice and industry standards . having regard to the latest technological developments , any such measures shall ensure that the level of security is commensurate to the degree of risk . in particular , measures shall be taken to prevent and minimise the impact of security incidents and inform stakeholders of the adverse effects of any incidents .


### without prejudice to article 16 , any trust service provider may submit the report of a security audit carried out by a recognised independent body to the supervisory body to confirm that appropriate security measures have been taken . ### without prejudice to article 16 , trust service providers shall submit to the supervisory body a conformity assessment report provided by a conformity assessment body to confirm that appropriate security measures have been taken .


### trust service providers shall , without undue delay and where feasible not later than 24 hours after having become aware of it , notify the competent supervisory body , the competent national body for information security and other relevant third parties such as data protection authorities of any breach of security or loss of integrity that has a significant impact on the trust service provided and on the personal data maintained therein . ### trust service providers shall , without undue delay after having become aware of it , notify the supervisory body and , where appropriate , other relevant bodies , such as the competent national body for information security or the data protection authority , of any breach of security or loss of integrity that has a significant impact on the trust service provided and on the personal data maintained therein .


### where appropriate , in particular if a breach of security or loss of integrity concerns two or more member states , the supervisory body concerned shall inform supervisory bodies in other member states and the european network and information security agency . ### where appropriate , in particular if a breach of security or loss of integrity concerns two or more member states , the notified supervisory body shall inform the supervisory bodies in the other member states and the european network and information security agency .


### in order to implement paragraphs 1 and 2 , the competent supervisory body shall have the power to issue binding instructions to trust service providers . ### in order to implement paragraphs 1 and 2 , the supervisory body shall have the power to require trust service providers to take the necessary action in order to be able to fulfil these requirements .


### qualified trust service providers shall be audited by a recognised independent body once a year to confirm that they and the qualified trust services provided by them fulfil the requirements set out in this regulation , and shall submit the resulting security audit report to the supervisory body . ### qualified trust service providers shall be audited , annually , at their own expense by a conformity assessment body in order to confirm that they and the qualified trust services provided by them fulfil the requirements set out in this regulation , and they shall submit the resulting conformity assessment report to the supervisory body .


### without prejudice to paragraph 1 , the supervisory body may at any time audit the qualified trust service providers to confirm that they and the qualified trust services provided by them still meet the conditions set out in this regulation , either on its own initiative or in response to a request from the commission . the supervisory body shall inform the data protection authorities of the results of its audits , in case personal data protection rules appear to have been breached . ### without prejudice to paragraph 1 , the supervisory body may at any time audit the qualified trust service providers to confirm that they and the qualified trust services provided by them meet the conditions set out in this regulation . where personal data protection rules as set out in directive 95 / 46 / ec appear to have been breached , the supervisory body shall inform the data protection authorities of the results of its audits .


### actions contributing to the project of common interest in the area of broadband networks , irrespective of the technology used , shall : ### actions contributing to the project of common interest in the area of broadband networks , irrespective of the technology used , shall , where it is demonstrable that the market is unable to deliver this infrastructure commercially :


### communication channels and platforms will be developed and deployed in order to enhance the eu - wide capability for preparedness , information sharing , coordination and response . ### facilitation of the development of communication channels and platforms in member states should enhance the eu - wide capability for preparedness , information sharing , coordination and response , whilst taking into account existing national capabilities and initiatives .


### the core service platform will consist of a network of national / governmental computer emergency response teams based on a minimum set of baseline capabilities . the network will provide the backbone of a european information sharing and alert system for eu citizens and smes . ### the core service platform will consist of a network of national / governmental computer emergency response teams based on a minimum set of baseline capabilities . the network may provide a limited amount of information to a european information sharing and alert system for eu citizens and smes .


### proactive services &#8211 ; technology watch and dissemination and sharing of security - related information ; security assessments ; providing guidelines on security configuration ; providing intrusion detection services ; ### eisas should provide eu citizens and smes with the knowledge and skills necessary to protect their it systems and information assets . the establishment of a network of national / governmental certs should facilitate information sharing and cooperation between ms .


### draft by the court of justice in order to increase the participation of all the judges in the decisions of the grand chamber of the court of justice , there should be an increase in the number of judges who may participate in the grand chamber , and the automatic participation of the presidents of chambers of five judges should cease . ### in order to provide for broader participation by all the judges and to allow them to sit more frequently in cases assigned to the grand chamber of the court of justice , there should be an increase in the number of judges who may participate in the grand chamber , and the automatic participation of the presidents of chambers of five judges should cease .


### draft by the court of justice ### increased resources could provide an opportunity for the reorganisation of proceedings in the ' other cases ' category by order of priority , in particular competition cases , where special care must be taken to adhere to a reasonable deadline .


### draft by the court of justice ### an increase in the number of judges is not enough to remedy delays . it is also necessary for some of the chambers to be run on more specialised lines , improving flexibility and output in the general court .


### draft by the court of justice ### temporary judges must be subject to obligations of independence , impartiality , competence and aptitude and enjoy the same rights , in the performance of their duties , as permanent judges .


### draft by the court of justice ### whilst there is a need for the court of justice to introduce a mechanism allowing dissenting opinions to be expressed , this must not jeopardise the independence of judges ; a thorough debate on this issue is needed between experts , practitioners and other interested parties .


### draft by the court of justice ### the first paragraph of article 47 shall be replaced by the following : ' article 9a , article14 , article 15 , the first , second , fourth , and fifth paragraphs of article 17 , and article 18 shall apply to the general court and its members . '


### draft by the court of justice ### the following paragraph shall be added to article 48 : ' member states shall be represented by at least one judge but by no more than two judges of their nationality . '


### draft by the court of justice ### the following paragraph shall be inserted after the first paragraph of article 50 : ' to deal with matters in which there is a high volume of pending cases , the general court may set up an appropriate number of specialised chambers to which proceedings in the matters in question shall be assigned . '


### draft by the court of justice the following paragraph shall be added to article 62c : ' the parliament and the council , acting in accordance with article 257 tfeu , may attach temporary judges to the specialised courts in order to cover the absence of judges who , while not suffering from disablement deemed to be total , are prevented from participating in judicial business for an extended period of time . in that event , the parliament and the council shall lay down the conditions under which the temporary judges shall be appointed , their rights and duties , the detailed rules governing the performance of their duties and the circumstances in which they shall cease to perform those duties . ' ### the following paragraph shall be added to article 62c : ' the parliament and the council , acting in accordance with article 257 tfeu , may attach temporary judges to the specialised courts in order to cover the absence of judges who , while not suffering from disablement deemed to be total , are prevented from participating in judicial business for an extended period of time . in that event , the parliament and the council shall lay down the conditions under which the temporary judges shall be appointed , their rights and duties , the detailed rules governing the performance of their duties and the circumstances in which they shall cease to perform those duties . those provisions shall ensure , moreover , that the temporary judges enjoy the same rights and are entitled to assume the same functions as permanent judges , in order to guarantee the uncompromised authority of the court ' s judgments . '


### draft by the court of justice as a consequence of the progressive expansion of its jurisdiction since its creation , the number of cases before the general court is now constantly increasing . ### as a consequence of the progressive expansion of its jurisdiction since its creation , the number of cases before the general court is now constantly increasing and delays in proceedings are also rising .


### draft by the court of justice consequently , the necessary measures should be taken to address this situation , and the possibility , provided for by the treaties , of increasing the number of judges of the general court is such as to enable both the volume of pending cases and the excessive duration of proceedings before the general court to be reduced within a short time . ### consequently , the necessary measures should be taken to address this situation , and the possibility , provided for by the treaties , of increasing the number of judges of the general court from 27 to 39 is such as to enable both the volume of pending cases and the excessive duration of proceedings before the general court to be reduced within a short time . similarly , the more effective allocation of the general court ' s caseload to the appropriate chambers could significantly limit delays in proceedings .


### multiannual plans shall be based on the precautionary approach to fisheries management and shall take into account the limitations of the available data and assessment methods and all quantified sources of uncertainty in a scientifically valid manner . ### multiannual plans shall be based on the best available scientific data and shall use the precautionary approach in the event of limitations of the available data and assessment methods and all quantified sources of uncertainty in a scientifically valid manner .


### clear time frames to reach the quantifiable targets ; ### clear and realistic time frames to reach the quantifiable targets ;


### on the basis of the objectives set by the white paper , the ten - t guidelines as laid down in regulation no xxx / 2012 of the european parliament and of the council of …20 identify the infrastructure of the trans - european transport network , specify the requirements to be fulfilled by it and provide for measures for their implementation . the guidelines envisage in particular the completion of the core network by 2030 . ### on the basis of the objectives set by the white paper , the ten - t guidelines as laid down in regulation no xxx / 2012 of the european parliament and of the council of …20 identify the infrastructure of the trans - european transport network , specify the requirements to be fulfilled by it and provide for measures for their implementation . the guidelines envisage in particular the completion of the core network by 2030 through the creation of new infrastructure as well as the rehabilitation and upgrading of existing infrastructure .


### experience with the current financial framework shows that many member states , which are eligible to the cohesion fund , are facing significant obstacles in delivering on time complex cross - border transport infrastructure projects with a high union added value . therefore , in order to improve the delivery of transport projects , in particular cross - border ones , with a high union added value , part of the cohesion fund allocation should be transferred to finance transport projects on the transport core network in the member states eligible to the cohesion fund under the connecting europe facility . the commission should support member states eligible to the cohesion fund to develop an adequate pipeline of projects in order to give greatest possible priority to the national allocations under the cohesion fund . ### experience with the current financial framework shows that many member states , which are eligible to the cohesion fund , are facing significant obstacles in delivering on time complex cross - border transport infrastructure projects with a high union added value . therefore , in order to improve the delivery of transport projects , in particular cross - border ones , with a high union added value , part of the cohesion fund allocation should be transferred to finance transport projects on the transport core network in the member states eligible to the cohesion fund respecting national allocations for the projects listed in the annex of this regulation . the commission should support member states eligible to the cohesion fund to develop an adequate pipeline of projects in order to give greatest possible priority to the national allocations under the cohesion fund .


### actions to reduce rail freight noise by retrofitting of existing rolling stock ; ### actions targeting the reduction of rail noise including by retrofitting of existing rolling stock ;


### vat shall not be an eligible cost . ### vat shall not be an eligible cost unless it may be recovered by the final beneficiary under national vat legislation .


### the european rail traffic management system ; ### the european rail traffic management system ; the river information services and the vessel traffic monitoring and information systems .


### the commission shall be assisted by a coordination committee of the facility . that committee shall be a committee within the meaning of regulation no 182 / 2011 . ### the commission shall be assisted by a coordination committee of the facility and by committees established for each of the three sectors of the instrument - transport , energy and telecommunications infrastructure . these committees shall be committees within the meaning of regulation no 182 / 2011 .


### the committee shall ensure a horizontal overview of the work programmes referred to in article 17 to ensure consistency and that synergies are identified and exploited between sectors . ### the coordination committee shall ensure a horizontal overview of the work programmes referred to in article 17 to ensure consistency and that synergies are identified and exploited between sectors . the committees of respective sectors shall help the commission monitor implementation of the respective guidelines and shall take part in their reviews .


### the delegation of power referred to in article 29 shall be conferred on the commission for an indeterminate period of time . ### the power to adopt delegated acts referred to in article 29 shall be conferred on the commission for a period of three years from …* . the commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the three - year period . the delegation of power shall be tacitly extended for periods of an identical duration , unless the european parliament or the council opposes such an extension not later than three months before the end of each period . ____________________ * oj please insert the date of entry into force of this regulation


### for each securities settlement system it operates , a csd shall establish procedures that facilitate settlement of transactions in financial instruments referred to in article 5 that are not settled on the intended settlement date . these procedures shall provide for a sufficiently deterrent penalty mechanism for participants that cause the settlement fails . ### for each securities settlement system it operates , a csd shall establish procedures that facilitate settlement of transactions in financial instruments referred to in article 5 excluding repurchase agreements that are not settled on the intended settlement date . these procedures shall provide for a penalty mechanism which will serve as a suitable deterrent for participants that cause the settlement fails and be reviewed regularly to ensure that they are not designed to be revenue - generating , or creating improper incentives .


### a participant to a securities settlement system that fails to deliver the financial instruments referred to in article 5 to the receiving participant on the intended settlement date shall be subject to a buy - in whereby those instruments shall be bought in the market no later than four days after the intended settlement date and delivered to that receiving participant and other measures in accordance with paragraph 4 . ### at the request of the receiving participant , a participant to a trading venue that fails to deliver the financial instruments referred to in article 5 to the receiving participant on the intended settlement date shall be subject to a buy - in whereby those instruments shall be bought in the market no later than four days after the intended settlement date and delivered to that receiving participant and other measures in accordance with paragraph 4 . the first subparagraph shall not apply to transactions covered by the provisions of article 15 of regulation 236 / 2012 .


### any question with respect to proprietary aspects in relation to financial instruments held by a csd shall be governed by the law of the country where the account is maintained . ### without prejudice to the law under which the securities are constituted , any question with respect to proprietary aspects in relation to financial instruments held by a csd , as set out in points to , shall be governed by the law of the country where the account is maintained , namely : the legal nature and effects against the csd and third parties of the rights arising from a credit of financial instruments onto the account and of the disposition of financial instruments credited to the account ; the requirements for perfecting a disposition of financial instruments credited to the account , and more generally the completion of the steps necessary to render a disposition effective against the csd and third parties ; whether a person ' s title to or interest in financial instruments credited to the account is overridden by or subordinated to a competing title or interest , or a good faith acquisition has occurred . the steps required for the realisation of an interest in financial instruments credited to the account which were created by way of collateral following the occurrence of an enforcement event .


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


### this regulation lays down the rules and general principles governing the mechanisms which shall apply in cases where a legally binding union act requires that the adoption of binding implementing acts by the commission be subject to the control of member states . ### this regulation lays down the rules and general principles governing the mechanisms which shall apply in cases where a legally binding union act identifies the need for uniform conditions of implementation and requires that the adoption of implementing acts by the commission be subject to the control of member states .


### the summary records , together with the lists of the authorities and organisations to which the persons designated by the member states to represent them belong , ### the records , together with the lists of the authorities and organisations to which the persons designated by the member states to represent them belong ,


### the european parliament and the council shall have access to the information referred to in paragraph 1 . ### the european parliament , the council and the member states shall have equal access to the information . they shall receive all information referred to in paragraph 1 at the same time and on the same terms as the committees .


### where basic acts adopted before the entry into force of this regulation provide for the exercise of implementing powers by the commission in accordance with decision 1999 / 468 / ec , the following rules shall apply : references to article 3 of decision 1999 / 468 / ec shall be understood as references to article 4 of this regulation ; references to articles 4 and 5 of decision 1999 / 468 / ec shall be understood as references to article 5 of this regulation ; references to article 6 of decision 1999 / 468 / ec shall be understood as references to article 6 of this regulation ; references to articles 7 and 8 of decision 1999 / 468 / ec shall be understood as references to article 8 of this regulation . ### pending the adaptation of basic acts adopted before the entry into force of this regulation , where such acts provide for the exercise of implementing powers by the commission in accordance with decision 1999 / 468 / ec , the following rules shall apply : where the basic act makes reference to article 3 of decision 1999 / 468 / ec , the advisory procedure referred to in article 4 of this regulation shall apply ; where the basic act makes reference to articles 4 and 5 of decision 1999 / 468 / ec , the examination procedure referred to in article 5 of this regulation shall apply ; where the basic act makes reference to article 6 of decision 1999 / 468 / ec , article 6 of this regulation shall apply ; where the basic act makes reference to articles 7 and 8 of decision 1999 / 468 / ec , article 8 of this regulation shall apply .


### directive 2006 / 48 / ec of the european parliament and of the council of 14 june 2006 relating to the taking up and pursuit of the business of credit institutions provides for mediation or joint decisions as regards the determination of significant branches for the purposes of supervisory college membership , model validation and group risk assessment . in all of these areas , an amendment should clearly state that in the event of disagreement during the specified time period , the european banking authority may resolve the disagreement using the process outlined in regulation … / … [ eba ] . this approach makes it clear that disagreements can be resolved and cooperation strengthened before a final decision is made or issued to an institution . ### directive 2006 / 48 / ec of the european parliament and of the council of 14 june 2006 relating to the taking up and pursuit of the business of credit institutions provides for mediation or joint decisions as regards the determination of significant branches for the purposes of supervisory college membership , model validation and group risk assessment . in all of these areas , an amendment should clearly state that , in the event of disagreement during the specified time period , the european banking authority may resolve the disagreement using the process outlined in regulation … / … [ eba ] . this approach makes it clear that , while the european banking authority cannot replace national supervisors’ discretionary judgments , disagreements can be resolved and cooperation strengthened before a final decision is made or issued to an institution .


### in order to ensure uniform application of this article and to take account of technical developments on financial markets , the european securities and markets authority shall develop draft technical standards to determine the conditions of application of the obligation to provide a supplement to the prospectus in case of a significant new factor , material mistake or inaccuracy relating to the information included in the prospectus . the authority shall submit those draft technical standards to the commission by 1 january 2014 . ### in order to ensure uniform application of this article and to take account of technical developments on financial markets , the european securities and markets authority may develop draft technical standards to determine the procedures to be followed in relation to the obligation to provide a supplement to the prospectus in case of a significant new factor , material mistake or inaccuracy relating to the information included in the prospectus .


### in order to ensure uniform application of this directive and to take account of technical developments on financial markets , the european securities and markets authority may develop draft technical standards to determine the conditions of application relating to the procedures for the notification of the certificate of approval , the copy of the prospectus , the translation of the summary and any supplement to the prospectus . the commission may adopt the draft technical standards referred to in the first subparagraph in accordance with the procedure laid down in article 7 of regulation . . . / . . . . [ esma ] . ### in order to take account of technical developments on financial markets , the commission is empowered to adopt , by means of delegated acts in accordance with article 290 of the treaty on the functioning of the european union , technical standards relating to the procedures for the notification of the certificate of approval , the copy of the prospectus , the translation of the summary and any supplement to the prospectus . the delegation of powers shall last for five years from the date of entry into force of directive 2010 / . . . . / eu on . . . . and shall be extended for periods of five years on a request from the commission made at the latest three months before the expiry of the delegation , unless the european parliament or the council objects to such an extension before the expiry of the delegation . notwithstanding the foregoing , the european parliament or the council may revoke the delegation of powers at any time . a delegated act adopted pursuant to this article shall enter into force only if no objection has been expressed by the european parliament or the council within a period of three months . the commission may adopt the technical standards referred to in the first subparagraph in accordance with the procedure laid down in article 7 of regulation . . . / . . . . [ esma ] .


### paragraph 1 shall not prevent the competent authorities from exchanging confidential information or from transmitting confidential information to the european securities and markets authority or the european systemic risk board . information exchanged between competent authorities and the european securities and markets authority or the european systemic risk board shall be covered by the obligation of professional secrecy , to which the persons employed or formerly employed by the competent authorities receiving the information are subject . ### paragraph 1 shall not prevent the competent authorities from exchanging confidential information or from transmitting confidential information to the european securities and markets authority or the european systemic risk board , subject to constraints relating to firm - specific information and effects on third countries as provided for in the [ esma regulation ] and [ esrb regulation ] respectively . information exchanged between competent authorities and the european securities and markets authority or the european systemic risk board shall be covered by the obligation of professional secrecy , to which the persons employed or formerly employed by the competent authorities receiving the information are subject .


### in order to ensure uniform application of paragraphs 1 and 2 , the european securities and markets authority may develop draft technical standards to determine the conditions of application relating to the obligation for competent authorities to cooperate according to paragraph 1 and to the content of the cooperation agreements according to paragraph 2 , including the development of standard forms and templates . ### in order to ensure uniform application of paragraphs 1 and 2 , the european securities and markets authority may develop draft technical standards to determine the conditions of application relating to practical issues associated with the obligation for competent authorities to cooperate according to paragraph 1 and to the content of the cooperation agreements according to paragraph 2 , including the development of standard forms and templates .


### in order to ensure uniform application of paragraphs 1 and 2 , the european securities and markets authority may develop draft technical standards to determine the conditions of application relating to the obligation for competent authorities to cooperate according to paragraph 1 and to the content of the cooperation agreements according to paragraph 2 , including the development of standard forms and templates . the commission may adopt the draft technical standards referred to in the first subparagraph in accordance with the procedure laid down in article 7 of regulation . . . / . . . . [ esma ] . ### the commission is empowered to adopt , by means of delegated acts in accordance with article 290 of the treaty on the functioning of the european union , technical standards relating to the obligation for competent authorities to cooperate in accordance with paragraph 1 and to the content of the cooperation agreements in accordance with paragraph 2 , including the development of standard forms and templates . the delegation of powers shall last for five years from the date of entry into force of directive 2010 / . . . . / eu on . . . . and shall be extended for periods of five years on a request from the commission made at the latest three months before the expiry of the delegation , unless the european parliament or the council objects to such an extension before the expiry of the delegation . notwithstanding the foregoing , the european parliament or the council may revoke the delegation of powers at any time . a delegated act adopted pursuant to this article shall enter into force only if no objection has been expressed by the european parliament or the council within a period of three months . the commission may adopt the technical standards referred to in the first subparagraph in accordance with the procedure laid down in article 7 of regulation . . . / . . . . [ esma ] .


### in order to ensure uniform application of paragraph 1 , the european securities and markets authority may develop draft technical standards to determine the conditions of application of the obligation for competent authorities to cooperate in supervisory activities , on - the - spot - verifications , and investigations . ### in order to ensure uniform application of paragraph 1 , the european securities and markets authority may develop draft technical standards to specify procedures relating to the cooperation of competent authorities in supervisory activities , on - the - spot - verifications , and investigations .


### in order to ensure uniform application of this article , the european banking authority established by regulation … / … of the european parliament and of the council may develop draft technical standards to determine the conditions of application of the requirements and procedures for such authorisation as laid down in articles 7 , 8 , 10 , 11 and 12 , with the exception of the conditions established in the second sentence of article 11 . the commission may adopt the draft technical standards referred to in the first subparagraph in accordance with the procedure laid down in article 7 of regulation . . . / . . . . [ eba ] . ### the commission is empowered to adopt , by means of delegated acts in accordance with article 290 of the treaty on the functioning of the european union , technical standards relating to the requirements and procedures for the authorisation as laid down in articles 7 , 8 , 10 , 11 and 12 , with the exception of the conditions established in the second sentence of article 11 . the delegation of powers shall last for five years from the date of entry into force of directive 2010 / . . . . / eu on . . . . and shall be extended for periods of five years on a request from the commission made at the latest three months before the expiry of the delegation , unless the european parliament or the council objects to such an extension before the expiry of the delegation . notwithstanding the foregoing , the european parliament or the council may revoke the delegation of powers at any time . a delegated act adopted pursuant to this article shall enter into force only if no objection has been expressed by the european parliament or the council within a period of three months . the commission may adopt the technical standards referred to in the second paragraph in accordance with the procedure laid down in article 7 of regulation . . . / . . . . [ eba ] .


### 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 to be 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 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 european banking authority ' s decision . the six - month period shall be deemed to be 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 .


### in order to ensure uniform application of paragraph 1 of this article and the convergence of supervisory practices , the european banking authority shall develop draft technical standards to determine the conditions of application of the provisions governing the instruments referred to in paragraph 1 of this article the authority shall submit those draft technical standards to the commission by 1 january 2014 . the commission may adopt the draft technical standards referred to in the first subparagraph in accordance with the procedure laid down in article 7 of regulation . . . / . . . . [ eba ] . ### in order to ensure the convergence of supervisory practices , the commission is empowered to adopt , by means of delegated acts in accordance with article 290 of the treaty on the functioning of the european union , technical standards relating to the provisions governing the instruments referred to in paragraph 1 of this article . the delegation of powers shall last for five years from the date of entry into force of directive 2010 / . . . . / eu on . . . . and shall be extended for periods of five years on a request from the commission made at the latest three months before the expiry of the delegation , unless the european parliament or the council objects to such an extension before the expiry of the delegation . notwithstanding the foregoing , the european parliament or the council may revoke the delegation of powers at any time . a delegated act adopted pursuant to this article shall enter into force only if no objection has been expressed by the european parliament or the council within a period of three months . the commission may adopt the technical standards referred to in the first subparagraph in accordance with the procedure laid down in article 7 of regulation . . . / . . . . [ eba ] .


### for the communication of these calculations by credit institutions , competent authorities shall apply , from 31 december 2012 , uniform formats , frequencies , language and dates of reporting . in order to ensure uniform application of the directive , the european banking authority shall develop draft technical standards to introduce , within the community , uniform formats , frequencies , languages and dates of reporting before 1january 2012 . the reporting formats shall be proportionate to the nature , scale and complexity of the credit institutions ' activities . the commission may adopt the draft technical standards referred to in the first subparagraph in accordance with the procedure laid down in article 7 of regulation . . . / . . . . [ eba ] . ### for the communication of these calculations by credit institutions , competent authorities shall apply , from 31 december 2012 , uniform formats , frequencies , language and dates of reporting . the commission is empowered to adopt , by means of delegated acts in accordance with article 290 of the treaty on the functioning of the european union , technical standards to introduce , within the european union , uniform formats , frequencies , languages and dates of reporting before 1january 2012 . the reporting formats shall be proportionate to the nature , scale and complexity of the credit institutions ' activities . the delegation of powers shall last for five years from the date of entry into force of directive 2010 / . . . . / eu on . . . . and shall be extended for periods of five years on a request from the commission made at the latest three months before the expiry of the delegation , unless the european parliament or the council objects to such an extension before the expiry of the delegation . notwithstanding the foregoing , the european parliament or the council may revoke the delegation of powers at any time . a delegated act adopted pursuant to this article shall enter into force only if no objection has been expressed by the european parliament or the council within a period of three months . the commission may adopt the technical standards referred to in the second subparagraph in accordance with the procedure laid down in article 7 of regulation . . . / . . . . [ eba ] .


### member states shall provide that reporting shall be carried out at least twice a year . the competent authorities shall apply , from 31 december 2012 , uniform formats , frequencies , language and dates of reporting . in order to ensure uniform application of the directive , the european banking authority shall develop draft technical standards to introduce , within the community , uniform formats , frequencies , language and dates of reporting before 1 january 2012 . the reporting formats shall be proportionate to the nature , scale and complexity of the credit institutions ' activities . the commission may adopt the draft technical standards referred to in the first subparagraph in accordance with the procedure laid down in article 7 of regulation . . . / . . . . [ eba ] ### member states shall provide that reporting is to be carried out at least twice a year . the competent authorities shall apply , from 31 december 2012 , uniform formats , frequencies , language and dates of reporting . the commission is empowered to adopt , by means of delegated acts in accordance with article 290 of the treaty on the functioning of the european union , technical standards to introduce , within the european union , uniform formats , frequencies , language and dates of reporting before 1 january 2012 . the reporting formats shall be proportionate to the nature , scale and complexity of the credit institutions ' activities . the delegation of powers shall last for five years from the date of entry into force of directive 2010 / . . . . / eu on . . . . and shall be extended for periods of five years on a request from the commission made at the latest three months before the expiry of the delegation , unless the european parliament or the council objects to such an extension before the expiry of the delegation . notwithstanding the foregoing , the european parliament or the council may revoke the delegation of powers at any time . a delegated act adopted pursuant to this article shall enter into force only if no objection has been expressed by the european parliament or the council within a period of three months . the commission may adopt the technical standards referred to in the first subparagraph in accordance with the procedure laid down in article 7 of regulation . . . / . . . . [ eba ] .


### in order to ensure uniform application of this paragraph , the european banking authority shall develop draft technical standards in order to determine the conditions of application of the exemptions in point and . the authority shall submit those draft technical standards to the commission by 1 january 2014 . the commission may adopt the draft technical standards referred to in the second subparagraph in accordance with the procedure laid down in article 7 of regulation . . . / . . . . [ eba ] ### the commission is empowered to adopt , by means of delegated acts in accordance with article 290 of the treaty on the functioning of the european union , technical standards relating to the exemptions in point and . the delegation of powers shall last for five years from the date of entry into force of directive 2010 / . . . . / eu on . . . . and shall be extended for periods of five years on a request from the commission made at the latest three months before the expiry of the delegation , unless the european parliament or the council objects to such an extension before the expiry of the delegation . notwithstanding the foregoing , the european parliament or the council may revoke the delegation of powers at any time . a delegated act adopted pursuant to this article shall enter into force only if no objection has been expressed by the european parliament or the council within a period of three months . the commission may adopt the technical standards referred to in the second subparagraph in accordance with the procedure laid down in article 7 of regulation . . . / . . . . [ eba ] .


### in the absence of such a joint decision between the competent authorities within four months , a decision on the application of articles 123 and 124 and article 136 shall be taken on a consolidated basis by the consolidating supervisor after duly considering the risk assessment of subsidiaries performed by relevant competent authorities . if , at the end of the four 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 four 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 four month period or after a joint decision has been reached . ### in the absence of such a joint decision between the competent authorities within four months , a decision on the application of articles 123 and 124 and article 136 shall be taken on a consolidated basis by the consolidating supervisor after duly considering the risk assessment of subsidiaries performed by relevant competent authorities . if , at the end of the four - 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 european banking authority ' s decision . the four - month period shall be deemed to be 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 four - 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 .


### in order to ensure uniform application of this article , the european securities and markets authority may develop draft technical standards to determine the conditions of application of the implementing measures adopted by the commission regarding the procedures , arrangements , structures and organisational requirements referred to in paragraph 3 of this article . the commission may adopt the draft technical standards referred to in the first subparagraph in accordance with the procedure laid down in article 7 of regulation . . . / . . . . [ esma ] ### the commission is empowered to adopt , by means of delegated acts in accordance with article 290 of the treaty on the functioning of the european union , technical standards regarding the procedures , arrangements , structures and organisational requirements referred to in paragraph 3 of this article . the delegation of powers shall last for five years from the date of entry into force of directive 2010 / . . . . / eu on . . . . and shall be extended for periods of five years on a request from the commission made at the latest three months before the expiry of the delegation , unless the european parliament or the council objects to such an extension before the expiry of the delegation . notwithstanding the foregoing , the european parliament or the council may revoke the delegation of powers at any time . a delegated act adopted pursuant to this article shall enter into force only if no objection has been expressed by the european parliament or the council within a period of three months . the commission may adopt the technical standards referred to in the first subparagraph in accordance with the procedure laid down in article 7 of regulation . . . / . . . . [ esma ] .


### in order to ensure uniform application of this article , the european securities and markets authority may develop draft technical standards to determine the conditions of application of the implementing measures adopted by the commission regarding the criteria , principles and steps referred to in points , , and of the first subparagraph of this article . the commission may adopt the draft technical standards referred to in the first subparagraph in accordance with the procedure laid down in article 7 of regulation . . . / . . . . [ esma ] . ### the commission is empowered to adopt , by means of delegated acts in accordance with article 290 of the treaty on the functioning of the european union , technical standards regarding the criteria , principles and steps referred to in points , , and of paragraph 1 of this article . the delegation of powers shall last for five years from the date of entry into force of directive 2010 / . . . . / eu on . . . . and shall be extended for periods of five years on a request from the commission made at the latest three months before the expiry of the delegation , unless the european parliament or the council objects to such an extension before the expiry of the delegation . notwithstanding the foregoing , the european parliament or the council may revoke the delegation of powers at any time . a delegated act adopted pursuant to this article shall enter into force only if no objection has been expressed by the european parliament or the council within a period of three months . the commission may adopt the technical standards referred to in the first subparagraph in accordance with the procedure laid down in article 7 of regulation . . . / . . . . [ esma ] .


### in order to ensure uniform application of this article , the european securities and markets authority may develop draft technical standards to determine the conditions of application of the implementing measures adopted by the commission regarding the content , format and method by which the information referred to in paragraphs 1 and 3 of this article should be provided . the commission may adopt the draft technical standards referred to in the first subparagraph in accordance with the procedure laid down in article 7 of regulation . . . / . . . . [ esma ] . ### the commission is empowered to adopt , by means of delegated acts in accordance with article 290 of the treaty on the functioning of the european union , technical standards regarding the content , format and method by which the information referred to in paragraphs 1 and 3 of this article should be provided . the delegation of powers shall last for five years from the date of entry into force of directive 2010 / . . . . / eu on . . . . and shall be extended for periods of five years on a request from the commission made at the latest three months before the expiry of the delegation , unless the european parliament or the council objects to such an extension before the expiry of the delegation . notwithstanding the foregoing , the european parliament or the council may revoke the delegation of powers referred to in the first subparagraph at any time . a delegated act adopted pursuant to this article shall enter into force only if no objection has been expressed by the european parliament or the council within a period of three months . the commission may adopt the technical standards referred to in the first subparagraph in accordance with the procedure laid down in article 7 of regulation . . . / . . . . [ esma ] .


### in order to ensure uniform application of this article , the european securities and markets authority may develop draft technical standards to determine the conditions of application of the implementing measures adopted by the commission regarding the criteria and rules referred to in points , and of paragraph 4 . the commission may adopt the draft technical standards referred to in the first subparagraph in accordance with the procedure laid down in article 7 of regulation . . . / . . . . [ esma ] . ### the commission is empowered to adopt , by means of delegated acts in accordance with article 290 of the treaty on the functioning of the european union , technical standards regarding the criteria and rules referred to in points , and of paragraph 4 of this article . the delegation of powers shall last for five years from the date of entry into force of directive 2010 / . . . . / eu on . . . . and shall be extended for periods of five years on a request from the commission made at the latest three months before the expiry of the delegation , unless the european parliament or the council objects to such an extension before the expiry of the delegation . notwithstanding the foregoing , the european parliament or the council may revoke the delegation of powers at any time . a delegated act adopted pursuant to this article shall enter into force only if no objection has been expressed by the european parliament or the council within a period of three months . the commission may adopt the technical standards referred to in the first subparagraph in accordance with the procedure laid down in article 7 of regulation . . . / . . . . [ esma ] .


### in order to ensure uniform application of this article , the european securities and markets authority may develop draft technical standards to determine the conditions of application of the implementing measures adopted by the commission regarding the agreement and types of irregularities referred to in points and of paragraph 3 . the commission may adopt the draft technical standards referred to in the first subparagraph in accordance with the procedure laid down in article 7 of regulation . . . / . . . . [ esma ] . ### the commission is empowered to adopt , by means of delegated acts in accordance with article 290 of the treaty on the functioning of the european union , technical standards regarding the agreement and types of irregularities referred to in points and of paragraph 3 of this article . the delegation of powers shall last for five years from the date of entry into force of directive 2010 / . . . . / eu on . . . . and shall be extended for periods of five years on a request from the commission made at the latest three months before the expiry of the delegation , unless the european parliament or the council objects to such an extension before the expiry of the delegation . notwithstanding the foregoing , the european parliament or the council may revoke the delegation of powers at any time . a delegated act adopted pursuant to this article shall enter into force only if no objection has been expressed by the european parliament or the council within a period of three months . the commission may adopt the technical standards referred to in the first subparagraph in accordance with the procedure laid down in article 7 of regulation . . . / . . . . [ esma ] .


### in order to ensure uniform application of this article , the european securities and markets authority may develop draft technical standards to determine the conditions of application of the implementing measures adopted by the commission regarding the agreement , measures and procedures referred to in points , and of paragraph 6 . the commission may adopt the draft technical standards referred to in the first subparagraph in accordance with the procedure laid down in article 7 of regulation . . . / . . . . [ esma ] . ### the commission is empowered to adopt , by means of delegated acts in accordance with article 290 of the treaty on the functioning of the european union , technical standards regarding the agreement , measures and procedures referred to in points , and of paragraph 6 of this article . the delegation of powers shall last for five years from the date of entry into force of directive 2010 / . . . . / eu on . . . . and shall be extended for periods of five years on a request from the commission made at the latest three months before the expiry of the delegation , unless the european parliament or the council objects to such an extension before the expiry of the delegation . notwithstanding the foregoing , the european parliament or the council may revoke the delegation of powers referred to in the first subparagraph at any time . a delegated act adopted pursuant to this article shall enter into force only if no objection has been expressed by the european parliament or the council within a period of three months . the commission may adopt the technical standards referred to in the first subparagraph in accordance with the procedure laid down in article 7 of regulation . . . / . . . . [ esma ] .


### in order to ensure uniform application of this article , the european securities and markets authority may develop draft technical standards to determine the conditions of application of the implementing measures adopted by the commission regarding the information and procedure referred to in points and of paragraph 4 . the commission may adopt the draft technical standards referred to in the first subparagraph in accordance with the procedure laid down in article 7 of regulation . . . / . . . . [ esma ] . ### in order to ensure uniform application of this article , the european securities and markets authority may develop draft technical standards to determine the conditions of application of the delegated acts adopted by the commission regarding the format and the manner in which the information is to be provided and the procedure referred to in points and of paragraph 4 . the commission may adopt the draft technical standards referred to in the first subparagraph in accordance with the procedure for delegated acts in accordance with article 290 of the treaty on the functioning of the european union .


### in order to ensure uniform application of this article , the european securities and markets authority may develop draft technical standards to determine the conditions of application of the implementing measures adopted by the commission regarding the information and procedure referred to in points and of paragraph 4 . the commission may adopt the draft technical standards referred to in the first subparagraph in accordance with the procedure laid down in article 7 of regulation . . . / . . . . [ esma ] . ### the commission is empowered to adopt , by means of delegated acts in accordance with article 290 of the treaty on the functioning of the european union , technical standards regarding the information and procedure referred to in points and of paragraph 4 of this article . the delegation of powers shall last for five years from the date of entry into force of directive 2010 / . . . . / eu on . . . . and shall be extended for periods of five years on a request from the commission made at the latest three months before the expiry of the delegation , unless the european parliament or the council objects to such an extension before the expiry of the delegation . notwithstanding the foregoing , the european parliament or the council may revoke the delegation of powers at any time . a delegated act adopted pursuant to this article shall enter into force only if no objection has been expressed by the european parliament or the council within a period of three months . the commission may adopt the technical standards referred to in the first subparagraph in accordance with the procedure laid down in article 7 of regulation . . . / . . . . [ esma ] .


### in order to ensure uniform application of this article , the european securities and markets authority may develop draft technical standards for endorsement by the commission to determine the conditions of application of the implementing measures adopted by the commission regarding the information referred to in paragraph 3 . the commission may adopt the draft technical standards referred to in the first subparagraph in accordance with the procedure laid down in article 7 of regulation . . . / . . . . [ esma ] . ### in order to ensure uniform application of this article , the european securities and markets authority may develop draft technical standards to determine the conditions of application of the delegated acts adopted by the commission according to paragraph 7 regarding the information referred to in paragraph 3 . the commission may adopt the draft technical standards referred to in the first subparagraph in accordance with the procedure for implementing acts pursuant article 290 of the treaty


### in order to ensure uniform application of this article , the european securities and markets authority may develop draft technical standards for endorsement by the commission to determine the conditions of application of the implementing measures adopted by the commission regarding the information referred to in paragraph 3 . the commission may adopt the draft technical standards referred to in the first subparagraph in accordance with the procedure laid down in article 7 of regulation . . . / . . . . [ esma ] . ### the commission is empowered to adopt , by means of delegated acts in accordance with article 290 of the treaty on the functioning of the european union , technical standards regarding the information referred to in paragraph 3 of this article . the delegation of powers shall last for five years from the date of entry into force of directive 2010 / . . . . / eu on . . . . and shall be extended for periods of five years on a request from the commission made at the latest three months before the expiry of the delegation , unless the european parliament or the council objects to such an extension before the expiry of the delegation . notwithstanding the foregoing , the european parliament or the council may revoke the delegation of powers at any time . a delegated act adopted pursuant to this article shall enter into force only if no objection has been expressed by the european parliament or the council within a period of three months . the commission may adopt the technical standards referred to in the first subparagraph in accordance with the procedure laid down in article 7 of regulation . . . / . . . . [ esma ] .


### in order to ensure uniform application of article 93 , the european securities and markets authority may develop draft technical standards to determine the conditions of application with regard to : the form and contents of a standard model notification letter to be used by a ucits for the purpose of notification referred to in article 93 , including an indication as to which documents the translations refer to ; the form and contents of a standard model attestation to be used by competent authorities of member states referred to in article 93 ; the procedure for the exchange of information and the use of electronic communication between competent authorities for the purpose of notification under the provisions of article 93 . the commission may adopt the draft technical standards referred to in the first subparagraph in accordance with the procedure laid down in article 7 of regulation . . . / . . . . [ esma ] . ### in order to ensure uniform application of article 93 , the european securities and markets authority may develop draft technical standards to specify : the form and contents of a standard model notification letter to be used by a ucits for the purpose of notification referred to in article 93 , including an indication as to which documents the translations refer to ; the form and contents of a standard model attestation to be used by competent authorities of member states referred to in article 93 ; the procedure for the exchange of information and the use of electronic communication between competent authorities for the purpose of notification under the provisions of article 93 . the commission may adopt the draft technical standards referred to in the first subparagraph in accordance with the procedure for delegated acts in accordance with article 290 of the treaty on the functioning of the european union .