### in providing this information , companies may rely on national frameworks , eu - based frameworks such as the eco - management and audit scheme , and international frameworks such as the united nations global compact , the guiding principles on business and human rights implementing the un ‘ protect , respect and remedy’ framework , the organisation for economic co - operation and development guidelines for multinational enterprises , the international organisation for standardisation 26000 , the international labour organization tripartite declaration of principles concerning multinational enterprises and social policy , and the global reporting initiative . ### in providing this information , companies may rely on national frameworks , eu - based frameworks such as the eco - management and audit scheme , and international frameworks such as the united nations global compact , the guiding principles on business and human rights implementing the un ‘ protect , respect and remedy’ framework , the organisation for economic co - operation and development guidelines for multinational enterprises , the international organisation for standardisation 26000 , the international labour organization tripartite declaration of principles concerning multinational enterprises and social policy , and the global reporting initiative . furthermore , the commission should issue non - binding guidelines to clarify which of the aforementioned models are best suited to specific types of non - financial reporting information . this would ensure that companies falling within the scope of this directive make use of these models consistently across the single market . these commission guidelines would furthermore simplify the drawing of comparisons between companies in accordance with recital 6 .


### for companies whose average number of employees during the financial year exceeds 500 and , on their balance sheet dates , exceed either a balance sheet total of eur 20 million or a net turnover of eur 40 million , the review shall also include a non - financial statement containing information relating to at least environmental , social and employee matters , respect for human rights , anti - corruption and bribery matters , including : ### for publicly listed companies whose average number of employees during the financial year exceeds 500 and , on their balance sheet dates , exceed either a balance sheet total of eur 20 million or a net turnover of eur 40 million , the review shall also include a non - financial statement containing information relating to at least environmental , social and employee matters , respect for human rights , anti - corruption and bribery matters , including :


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


### for parent undertakings of undertakings to be consolidated that together exceed an average number of 500 employees during the financial year , and , on their balance sheet dates , exceed either a balance sheet total of eur 20 million or a net turnover of eur 40 million , the review shall also include a non - financial statement containing information relating to at least environmental , social and employee matters , respect for human rights , anti - corruption and bribery matters , including the following : ### for publicly listed parent undertakings of undertakings to be consolidated that together exceed an average number of 500 employees during the financial year , and , on their balance sheet dates , exceed either a balance sheet total of eur 20 million or a net turnover of eur 40 million , the review shall also include a non - financial statement containing information relating to at least environmental , social and employee matters , respect for human rights , anti - corruption and bribery matters , including the following :


### when drawing up the coordinated package of active labour market policy measures , member states should favour measures that will significantly contribute to the employability of the redundant workers . member states should strive towards the reintegration into employment or new activities of at least 50 % of the targeted workers within 12 months of the date of application . ### when drawing up the coordinated package of active labour market policy measures , member states should favour measures that will lead to the reemployment of the redundant workers . member states should strive towards the reintegration into employment or new activities of at least 50 % of the targeted workers within 12 months of the date of application .


### job - search assistance , occupational guidance , advisory services , mentoring , outplacement assistance , entrepreneurship promotion , aid for self - employment and business start - up or for changing or adjusting activity , co - operation activities , tailor - made training and re - training , including information and communication technology skills and certification of acquired experience ; ### tailor - made training and re - training , including information and communication technology skills and certification of acquired experience job - search assistance , job creation measures , occupational guidance , advisory services , mentoring , entrepreneurship promotion , aid for self - employment and business start - up or for changing or adjusting activity , co - operation activities ,


### special time - limited measures , such as job - search allowances , employers’ recruitment incentives , mobility allowances , subsistence or training allowances , all of which limited to the duration of the documented active job search or life - long learning or training activities ; ### special time - limited measures , employers’ recruitment incentives , mobility allowances , subsistence or training allowances , all of which limited to the duration of the documented active job search or life - long learning or training activities ;


### measures to stimulate in particular disadvantaged or older workers to remain in or return to the labour market . ### measures to stimulate in particular disadvantaged or older workers to return to the labour market .


### have arrangements in place to ensure that staff performing official controls and other official activities are free from any conflict of interest ; ### have arrangements in place to ensure that staff performing official controls and other official activities are free from any conflict of interest , in particular that neither they themselves nor their spouses are engaged in an economic activity subject to the official controls laid down ;


### the location of the activities or operations of operators ; ### the location of the activities or operations of operators , including place of origin ;


### competent authorities shall perform official controls using control methods and techniques that shall , as appropriate , include screening , targeted screening , verification , inspections , audits , sampling , analysis , diagnosis and tests . ### competent authorities may perform official controls using control methods and techniques that shall , as appropriate , include screening , targeted screening , verification , inspections , audits , sampling , analysis , diagnosis and tests .


### uniform specific requirements for the performance of official controls and uniform minimum frequency of such official controls , having regard , in addition to the criteria referred to in article 8 , to the specific hazards and risks related to non - authorised substances and to the non - authorised use of authorised substances ; ### uniform specific requirements for the performance of official controls and uniform minimum frequency of such official controls , having regard , in addition to the criteria referred to in article 8 , to the specific risks related to non - authorised substances and to the non - authorised use of authorised substances ;


### uniform specific requirements for the performance of official controls , and uniform minimum frequency of such official controls , having regard , in addition to the criteria referred to in article 8 , to the need to address specific hazards and risks to animal health by means of official controls performed to verify compliance with disease prevention and control measures laid down in accordance with the rules referred to in point of article 1 ; ### uniform specific requirements for the performance of official controls , and uniform minimum frequency of such official controls , having regard , in addition to the criteria referred to in article 8 , to the need to address specific risks to animal health by means of official controls performed to verify compliance with disease prevention and control measures laid down in accordance with the rules referred to in point of article 1 ;


### uniform specific requirements for the performance of official controls on the introduction into and movement in the union of particular plants , plant products and other objects subject to the rules referred to in point of article 1 and uniform minimum frequencies of such official controls having regard , in addition to the criteria referred to in article 8 , to the specific hazards and risks to plant health in relation to specific plants , plant products and other objects of a particular origin or provenance ; ### uniform specific requirements for the performance of official controls on the introduction into and movement in the union of particular plants , plant products and other objects subject to the rules referred to in point of article 1 and uniform minimum frequencies of such official controls having regard , in addition to the criteria referred to in article 8 , to the specific risks to plant health in relation to specific plants , plant products and other objects of a particular origin or provenance ;


### uniform specific requirements for the performance of official controls and uniform minimum frequency of such official controls , having regard , in addition to the criteria referred to in article 8 , to the specific hazards and risks which exist in relation to each category of food and feed and the different processes it undergoes ; ### uniform specific requirements for the performance of official controls and uniform minimum frequency of such official controls , having regard , in addition to the criteria referred to in article 8 , to the specific risks which exist in relation to each category of food and feed and the different processes it undergoes ;


### where laboratory analyses , tests or diagnoses are urgently needed and none of the methods referred to in paragraphs 1 and 2 exists , the relevant national reference laboratory or , if no such national reference laboratory exists , any other laboratory designated in accordance with article 36 may use methods other than those referred to in paragraphs 1 and 2 of this article until the validation of an appropriate method in accordance with internationally accepted scientific protocols . ### where laboratory analyses , tests or diagnoses are urgently needed , in exceptional cases due to a developing emergency situation , and none of the methods referred to in paragraphs 1 and 2 exists , the relevant national reference laboratory or , if no such national reference laboratory exists , any other laboratory designated in accordance with article 36 may use methods other than those referred to in paragraphs 1 and 2 of this article until the validation of an appropriate method in accordance with internationally accepted scientific protocols .


### the competent authorities shall perform official controls on the consignments of the categories of animals and goods referred to in article 45 upon arrival of the consignment at the border control post . those official controls shall include documentary , identity and physical checks . ### the competent authorities shall perform official controls on the consignments of the categories of animals and goods referred to in article 45 upon arrival of the consignment at the border control post . those official controls shall take account of both previous compliance and the possible risks posed and may include documentary , identity and physical checks .


### member states shall ensure that adequate financial resources are available to provide the staff and other resources necessary for the competent authorities to perform official controls and other official activities . ### member states shall ensure that adequate financial resources are available , by whatever means they deem appropriate , to provide the staff and other resources necessary for the competent authorities to perform official controls and other official activities .


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


### fees collected in accordance with point of article 77 shall be paid by the operator responsible for the consignment or its representative . ### fees collected in accordance with point of article 77 may be paid by the operator responsible for the consignment or its representative .


### by 30th june every year , each member state shall submit to the commission a report setting out : ### by 30th june every second year after the entry into force of this regulation , each member state shall submit to the commission a report setting out :


### the commission shall set up and manage a computerised information management system for the integrated operation of the mechanisms and tools through which data , information and documents concerning official controls are managed and handled . ### the commission shall set up and manage a computerised information management system for the integrated operation of the mechanisms and tools through which data , information and documents concerning official controls are managed and handled , taking into account existing national systems .


### in specific cases where europol considers that a criminal investigation should be initiated into a crime that falls under its objectives , it shall inform eurojust . ### in specific cases where europol considers that a criminal investigation should be initiated into a crime that falls under its objectives , it may inform eurojust .


### in order to clarify whether the requirement to publish a supplement to the prospectus ends with the start of trading of the securities on a regulated market irrespective of whether the offering period has closed , the obligation to supplement a prospectus should be terminated at the final closing of the offering period or the time when trading of such securities on a regulated market begins , whichever occurs earlier ### in order to clarify whether the requirement to publish a supplement to the prospectus ends with the start of trading of the securities on a regulated market , the obligation to supplement a prospectus should be terminated at the final closing of the offering period or the time when trading of such securities on a regulated market begins , whichever occurs later , and the obligation to publish a prospectus should not apply to offers commencing from the time when trading of such securities on a regulated market begins - that is , in each case , once the transparency obligations laid down in directives 2004 / 109 / ec and 2003 / 6 / ec apply .


### the minimum level of compensation was established in 1997 and has not been modified since then . this level should be increased to eur 50 000 in order to take into account developments in the financial markets and in the union legislative framework . this amount takes into account the effects of inflation in the union and the need to better align the level of compensation with the average value of investments held by retail clients in the member states . in order to increase the protection provided to investors , it is necessary to remove the existing option for member states to limit or exclude from cover funds in currencies other that those of the member states . ### the minimum level of compensation was established in 1997 and has not been modified since then . that minimum level should be increased to eur 30 000 . in order to increase the protection provided to investors , it is necessary to remove the existing option for member states to limit or exclude from cover funds in currencies other that those of the member states . member states should be free to implement a higher level of compensation at their own discretion .


### – strengthening of the role and visibility of the multilingual europe direct and your europe web portal as key elements of a ' one - stop - shop ' information system on union citizens ' rights ; ### – strengthening of the role and visibility of the multilingual europe direct and your europe web portal as key elements of a ' one - stop - shop ' information system on union citizens ' rights , without increasing costs ;


### the commission shall convene meetings of representatives of european organisations or bodies active in the field of defending citizens ' rights and stakeholders to assist the commission in implementing the european year at union level . ### the commission shall convene meetings of representatives of european organisations or bodies active in the field of defending citizens ' rights and stakeholders to assist the commission in implementing the european year at union level . the commission shall draw on the experience of non - governmental organisations to improve promotion of the european year and to reduce the costs of organising it ;


### if , at the end of the conciliation phase , the national supervisory authorities concerned have failed to reach an agreement , the authority may take a decision requiring them to take specific action or to refrain from action in order to settle the matter , in compliance with community law . ### if , at the end of the conciliation phase , the national supervisory authorities concerned have failed to reach an agreement , the authority may take a decision requiring them to take specific action or to refrain from action in order to settle the matter , in order to ensure compliance with union law .


### in its notification , the member state shall justify why and clearly demonstrate how the decision impinges on its fiscal responsibilities . ### in its notification , the member state shall justify why and clearly demonstrate how the decision impinges on its fiscal responsibilities . in that case , the decision of the authority shall be suspended .


### to support mobility , equity and study excellence , the union should establish a european loan guarantee facility to enable students , regardless of their social background , to take their masters degree in another participating country . this facility should be available to financial institutions which agree to offer loans for masters ' studies in other participating countries on favourable terms for the students . ### to support mobility , equity and study excellence , the union should establish a european loan guarantee facility to enable students , regardless of their social background , to take their masters degree in another participating country . this facility should be available to financial institutions which agree to offer loans for masters ' studies in other participating countries on favourable terms for the students . however , this should not overlap with the marie curie programme under horizon 2020 .


### – % of young participants declaring being better prepared to participate in social and political life ### – % of young participants declaring being better prepared to participate in entrepreneurship , social or political life


### to promote the emergence of a european lifelong learning area , trigger policy reforms at national level , support the modernisation of education and training systems , including non - formal learning , and support european cooperation in the youth field , notably through enhanced policy cooperation , better use of recognition and transparency tools and the dissemination of good practices ; ### to promote the emergence of a european lifelong learning area , trigger policy reforms at national level , support the modernisation of education and training systems , including informal and non - formal learning and skills training , and support european cooperation in the youth field , notably through enhanced policy cooperation , better use of recognition and transparency tools and the dissemination of good practices ;


### learning mobility of individuals , ### learning mobility of individuals , including through apprenticeships ;


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


### transnational strategic partnerships between organisations involved in education , training and / or youth activities or other relevant sectors developing and implementing joint initiatives and promoting exchanges of experience and know - how ; ### transnational strategic partnerships between organisations involved in education , training , skills development and / or youth activities or other relevant sectors developing and implementing joint initiatives and promoting exchanges of experience and know - how ;


### since the objective to prevent , reduce or eliminate adverse effects on human health and the environment caused by the recycling , operation and maintenance of ships flying the flag of a member state cannot be sufficiently achieved by the member states due to the international character of shipping and ship recycling , and can therefore be better achieved at union level , the union may adopt measures , in accordance with the principle of subsidiarity as set out in article 5 of the treaty . in accordance with the principle of proportionality , as set out in that article , this regulation does not go beyond what is necessary in order to achieve that objective , ### since the objective to prevent , reduce or eliminate adverse effects on human health and the environment caused by the recycling , operation and maintenance of ships flying the flag of a member state cannot always be sufficiently achieved by the member states alone due to the international character of shipping and ship recycling , and can therefore in some cases be better achieved at union level , the union may adopt measures , in accordance with the principle of subsidiarity as set out in article 5 of the treaty . in accordance with the principle of proportionality , as set out in that article , this regulation does not go beyond what is necessary in order to achieve that objective ,


### in the event of a significant decline of average market prices for eels used for restocking , as compared to those of eels used for other purposes , the member state concerned shall inform the commission . the commission , by means of delegated acts adopted in accordance with article 12a and in order to address the situation , may temporarily reduce the percentages of eels used for restocking as referred to in paragraph 2 . 7 . the commission shall , not later than 31 december 2012 , report to the european parliament and the council and evaluate the measures concerning restocking including the evolution of market prices . ### in the event of a significant decline of average market prices for eels used for restocking , as compared to those of eels used for other purposes , the member state concerned shall inform the commission . the commission , by means of delegated acts adopted in accordance with article 12a and in order to address the situation , may temporarily reduce the percentages of eels used for restocking as referred to in paragraph 2 where the eel management plan is in compliance with article 2 . 7 . the commission shall , not later than 31 december 2012 , report to the european parliament and the council and evaluate the measures concerning restocking including the evolution of market process . the commission shall , not later than 31 october 2013 , report to the european parliament and the council and evaluate the measures concerning restocking , taking into account the latest scientific advice on the conditions under which restocking is likely to contribute to the increase of the spawning stock biomass .


### a comprehensive and publicly accessible marine data and knowledge base of high quality which facilitates sharing , re - use and dissemination of these data among various user groups and ensures visualisation of maritime information through web - based tools . ### a comprehensive and publicly accessible data and knowledge base of high quality on maritime economy which facilitates sharing , re - use and dissemination of these data among various user groups , avoiding duplication of information and , wherever possible , using all available programmes already developed for that purpose .


### full implementation of environmental and climate legislation and policy is inextricably linked to achieving better governance , improving stakeholder involvement and disseminating information . therefore , the priority areas governance and information should in both sub - programmes support the development of platforms and sharing of best practices for better compliance and enforcement , and to generate support from the public and stakeholders for union ' s policy making efforts in the areas of environment and climate . in particular , they should support improvements in the dissemination of knowledge - base , raising awareness , public participation , access to information and access to justice on environmental matters . ### full implementation of environmental and climate legislation and policy is inextricably linked to achieving better governance , improving stakeholder involvement and disseminating information . therefore , the priority areas governance and information should in both sub - programmes support the development of platforms and sharing of best practices for better compliance and enforcement , and to generate support from the public and stakeholders for union ' s policy making efforts in the areas of environment and climate . in particular , they should support improvements in the dissemination of knowledge - base and best practices , raising awareness , public participation , access to information and access to justice on environmental matters .


### where possible , projects financed by the life programme shall promote synergies between different objectives and promote the use of green public procurement . ### where possible , projects financed by the life programme shall promote the use of green public procurement and shall promote synergies between different objectives . projects aiming to deliver such synergies between different objectives shall be given priority during the award phase .


### offences referred to in points , and of article 3 involving notes and coins of a total nominal value of at least eur 10 000 or involving particularly serious circumstances shall be punishable by a minimum penalty of at least six months of imprisonment a maximum penalty of at least eight years of imprisonment . ### offences referred to in points , and of article 3 involving notes and coins of a total nominal or potential nominal value of at least eur 5000 or the equivalent amount in the currency of the relevant counterfeited notes and coins , or involving particularly serious circumstances shall be punishable by imprisonment with a maximum penalty of at least eight years .


### the development within the european union of well - functioning alternative dispute resolution is necessary to strengthen consumers ' confidence in the internal market , including in the area of e - commerce . such development should build on existing adr procedures in the member states and respect their legal traditions . ### the development within the european union of well - functioning alternative dispute resolution will help to strengthen consumers ' confidence in the single market , including in the area of e - commerce . such development should build on the diverse existing adr procedures in the member states , which are effective in resolving disputes between traders and consumers . such development should also respect the member states ' legal traditions .


### this directive should prevail over union legislation which contains provisions aimed at encouraging the setting up of adr entities in a specific sector . where sector - specific legislation mandates the setting up of such entities , this directive should prevail only to the extent that such legislation does not ensure at least an equivalent degree of consumer protection . ### if any provision of this directive conflicts with a provision of another union act governing specific sectors , the provision of that other union act shall prevail and apply to those specific sectors . however , if the provision is aimed at encouraging the setting up of adr entities in a specific sector , the relevant provisions of this directive will prevail and apply .


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


### networks of adr entities which facilitate the resolution of cross - border disputes , such as fin - net in the area of financial services , should be strengthened within the union . member states should encourage adr entities to become part of such networks . ### networks of adr entities , such as fin - net in the area of financial services , should be strengthened within the union . member states should encourage adr entities to become part of such networks .


### close cooperation between adr entities and national authorities entrusted with the enforcement of union legislation on consumer protection should strengthen the effective application of such union legislation . ### close cooperation between adr entities and national authorities entrusted with the enforcement of union legislation on consumer protection should strengthen the effective application of such union legislation but this cooperation should not be such that it threatens the independence of adr entities .


### article 5 of this directive shall prevail over the provisions referred to in the annex . ### if any provision of this directive conflicts with a provision of another union act governing specific sectors , the provision of that other union act shall prevail and apply to those specific sectors . however , if the provision is aimed at encouraging the setting up of adr entities in a specific sector , the relevant provisions of this directive will prevail and apply .


### ‘ adr entity’ means any entity , however named or referred to , which is established on a durable basis and offers the resolution of a dispute through an adr procedure ; ### ' adr entity ' means any entity , however named or referred to , which is established on a durable basis and offers the resolution of a dispute through an adr procedure and that has been listed in accordance with article 17 ;


### member states shall ensure that adr entities : ### member states shall ensure that in relation to disputes covered by this directive adr entities :


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


### member states shall ensure that the natural persons in charge of alternative dispute resolution possess the necessary expertise and are impartial . this shall be guaranteed by ensuring that they : ### member states shall ensure that the natural persons in charge of adr procedures possess the necessary expertise and are impartial . this shall be guaranteed by ensuring that they :


### member states shall ensure that adr entities make publicly available on their websites and in printed form at their premises annual activity reports . these reports shall include the following information relating to both domestic and cross - border disputes : ### member states shall ensure that in relation to disputes covered by this directive adr entities make publicly available on their websites and by any other means they consider appropriate annual activity reports . these reports shall include the following information relating to both domestic and cross - border disputes :


### the rate of dispute resolution procedures which were discontinued before an outcome was reached ; ### the number of dispute resolution procedures which were discontinued before an outcome was reached ;


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


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


### member states shall lay down the rules on penalties applicable to infringements of the national provisions adopted pursuant to article 10 and article 16 and of this directive and shall take all measures necessary to ensure that they are implemented . the penalties provided for must be effective , proportionate and dissuasive . ### member states shall lay down the rules on penalties applicable to infringements of the national provisions adopted pursuant to article 10 of this directive and shall take all measures necessary to ensure that they are implemented . the penalties provided for must be effective , proportionate and dissuasive .


### member states shall bring into force the laws , regulations and administrative provisions necessary to comply with this directive by [ office of publications insert date : 18 months after entry into force ] at the latest . they shall forthwith communicate to the commission the text of those provisions and a correlation table between those provisions and this directive . ### member states shall bring into force the laws , regulations and administrative provisions necessary to comply with this directive by [ office of publications insert date : 24 months after entry into force ] at the latest . they shall forthwith communicate to the commission the text of those provisions .


### an investigation shall be initiated upon request by a member state , by any legal person or any association not having legal personality , acting on behalf of the union industry , or on the commission ' s own initiative if it is apparent to the commission that there is sufficient prima facie evidence , as determined on the basis of factors referred to in article 4 , to justify such initiation . ### an investigation shall be initiated upon request by a member state , by any legal person or any association not having legal personality , acting on behalf of the union industry , by the european parliament or on the commission ' s own initiative if it is apparent to the commission that there is sufficient prima facie evidence , as determined on the basis of factors referred to in article 4 , to justify such initiation .


### enhancing the respect for and observance of human rights and fundamental freedoms , as proclaimed in the universal declaration of human rights and other international and regional human rights instruments , and strengthening their protection , promotion and monitoring , mainly through support to relevant civil society organisations , human rights defenders and victims of repression and abuse ; ### enhancing the respect for and observance of human rights and fundamental freedoms , as proclaimed in the universal declaration of human rights and other international and regional human rights instruments , and strengthening their protection , promotion and monitoring , mainly through support to relevant civil society organisations , human rights defenders and victims of repression and abuse , with the aim of improving and catching up with democratic standards of living and consolidating human dignity and democratisation ;


### promoting freedom of association and assembly , unhindered movement of persons , freedom of opinion and expression , including artistic and cultural expression , free press and independent pluralistic media , both traditional and ict based , internet freedom and measures to combat administrative obstacles to the exercise of these freedoms , including the fight against censorship ; ### promoting and enshrining in law freedom of association and assembly , unhindered movement of persons , freedom of opinion and expression , including artistic and cultural expression , free press and independent pluralistic media , both traditional and ict based , internet freedom and measures to combat administrative obstacles to the exercise of these freedoms , including the fight against censorship ;


### building confidence in and enhancing the reliability and transparency of democratic electoral processes , while contributing to the efficiency and consistency of the whole electoral cycle , in particular , ### building confidence in and protecting candidates and all relevant human and political rights and enhancing the reliability and transparency of democratic electoral processes , while contributing to the efficiency and consistency of the whole electoral cycle , in particular ,


### the communication from the commission to the european parliament , the council , the european economic and social committee and the committee of the regions – a budget for europe 202010 recognises the creation of a connecting europe facility in the context of the multiannual financial framework in order to address the infrastructure needs in the areas of transport , energy and information and communication technologies . synergies between these sectors as well as with other union investment programmes are key as similar challenges emerge requiring solutions that unlock growth , combat fragmentation , reinforce cohesion , favour the use of innovative financial instruments and address market failures as well as the removal of bottlenecks which hinder the completion of the single market . ### the communication from the commission to the european parliament , the council , the european economic and social committee and the committee of the regions – a budget for europe 202010 recognises the creation of a connecting europe facility in the context of the multiannual financial framework in order to address the infrastructure needs in the areas of transport , energy and information and communication technologies . synergies between these sectors as well as with other union investment programmes are key as similar challenges emerge requiring solutions that unlock growth , combat fragmentation , reinforce cohesion , reduce development disparities in all eu regions , favour the use of innovative financial instruments and address market failures as well as the removal of bottlenecks which hinder the completion of the single market .


### the communication from the commission to the european parliament , the council , the european economic and social committee and the committee of the regions – a budget for europe 202010 recognises the creation of a connecting europe facility in the context of the multiannual financial framework in order to address the infrastructure needs in the areas of transport , energy and information and communication technologies . synergies between these sectors as well as with other union investment programmes are key as similar challenges emerge requiring solutions that unlock growth , combat fragmentation , reinforce cohesion , favour the use of innovative financial instruments and address market failures as well as the removal of bottlenecks which hinder the completion of the single market . ### the communication from the commission to the european parliament , the council , the european economic and social committee and the committee of the regions – a budget for europe 202010 recognises the creation of a connecting europe facility in the context of the multiannual financial framework in order to address the infrastructure needs in the areas of transport , energy and information and communication technologies . synergies between these sectors as well as with other union investment programmes are key as similar challenges emerge requiring solutions that unlock growth , combat fragmentation , reinforce cohesion , favour the use of innovative financial instruments which act to substitute spending in the eu budget and address market failures as well as the removal of bottlenecks which hinder the completion of the single market .


### within the framework of a system of open and competitive markets , the union ' s intervention is necessary where market failures need to be overcome . by providing financial support and additional financing leverage to infrastructure projects the union can contribute to the establishment and development of trans - european networks in the area of telecommunications , thus generating higher benefits in terms of market impact , administrative efficiency and resource utilisation . ### within the framework of a system of open and competitive markets , the union ' s intervention is necessary where market failures need to be overcome and where the market will not deliver . by providing financial support and additional financing leverage to infrastructure projects which deliver eu added value and value for money , the union can contribute to the establishment and development of trans - european networks in the area of telecommunications , thus generating higher benefits in terms of market impact , administrative efficiency and resource utilisation .


### substantial economic and social benefits , which cannot be captured nor monetised by investors , are associated with higher broadband speeds . fast and ultra - fast broadband is the key enabling infrastructure for the development and deployment of digital services , which rely on the availability , speed , reliability and resilience of the physical networks . the deployment and take - up of faster networks opens the way for innovative services exploiting higher speeds . action at union level is necessary to maximise the synergies and interactions between those two components of digital telecommunications networks . ### substantial economic and social benefits , which cannot be captured nor monetised by investors , are associated with higher broadband speeds . fast and ultra - fast broadband is the key enabling infrastructure for the development and deployment of digital services , which rely on the availability , speed , reliability and resilience of the physical networks . the deployment and take - up of faster networks opens the way for innovative services exploiting higher speeds .


### the deployment of trans - european telecommunication networks that will help to remove the bottlenecks existing in the digital single market shall be accompanied by studies and programme support actions . they are : ### only in cases where they cannot be appropriately funded at member state level shall the deployment of trans - european telecommunication networks that will help to remove the bottlenecks existing in the digital single market be accompanied by studies and programme support actions . they are :


### 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 order to 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 contribute information to a european information sharing and alert system for eu citizens and smes .


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


### subsequently applying the reduction laid down in paragraph 2 of part ii of this annex and the exemption referred to in article 1 , where relevant . ### subsequently applying the reduction laid down in paragraph 2 of part iii of this annex and the exemption referred to in article 1 , where relevant .


### the union ' s financial interests can be negatively affected where individual tenderers provide information to contracting or grant awarding authorities based on information unduly obtained directly or indirectly from the tendering body , with the aim of circumventing or skewing rules applicable to a public procurement or grant procedure . such conduct is very similar to fraud , but does not necessarily need to constitute a full fraud offence on the side of the tenderer , since the provided bid may be completely in line with all requirements . bid - rigging behaviour between tenderers violates union competition rules and equivalent national laws ; it is subject to public enforcement action and sanctions throughout the union and should remain outside the scope of this directive . ### the union ' s financial interests can be negatively affected where individual tenderers provide information to contracting or grant awarding authorities based on information unduly obtained directly or indirectly from the tendering body , with the aim of circumventing or skewing rules applicable to a public procurement or grant procedure . such conduct is very similar to fraud , but does not necessarily need to constitute a full fraud offence on the side of the tenderer , since the provided bid may be completely in line with all requirements . the union ' s financial interests can also be negatively affected where individual tenderers provide intentionally false information to contracting or grant awarding authorities . bid - rigging behaviour between tenderers violates union competition rules and equivalent national laws . ;


### the action of a public official , who , directly or through an intermediary , requests or receives advantages of any kind whatsoever , for himself or for a third party , or accepts a promise of such an advantage , to act or refrain from acting in accordance with his duty or in the exercise of his functions in a way which damages or is likely to damage the union ' s financial interests ; ### for the purposes of this directive , passive corruption shall consist of the action of a public official , who , directly or through an intermediary , requests , accepts or receives advantages of any kind whatsoever , for himself or for a third party , or accepts a promise of such an advantage , to act or refrain from acting in accordance with his duty or in the exercise of his functions in a way which damages or is likely to damage the union ' s financial interests ;


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


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


### member states shall take the necessary measures to establish their jurisdiction over the criminal offences referred to in title ii where : ### member states shall take the necessary measures to establish their jurisdiction over the criminal offences referred to in title ii where , provided that territoriality is the primary determining factor :


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


### in order to facilitate this progress and provide momentum , it is desirable to defer enforcement of requirements relating to flights to and from aerodromes outside of the union and areas with close economic connections to the union and a shared commitment to tackle climate change arising prior to the 2013 icao assembly . action should therefore not be taken against aircraft operators in respect of requirements resulting from directive 2003 / 87 / ec of the european parliament and of the council of 13 october 2003 establishing a scheme for greenhouse gas emission allowance trading within the community arising before 1 january 2014 for reporting verified emissions and for the corresponding surrender of allowances from incoming and outgoing flights to and from such aerodromes . aircraft operators who wish to continue to comply with those requirements should be able to do so . ### in order to facilitate this progress and provide momentum for the shared commitment of icao member states to address emissions from aviation at a global level , it is desirable to defer enforcement of requirements relating to flights to and from aerodromes outside of the union and outside of efta states which incorporated directive 2003 / 87 / ec of the european parliament and of the council of 13 october 2003 establishing a scheme for greenhouse gas emission allowance trading within the community in their legislation . action should therefore not be taken against aircraft operators in respect of requirements resulting from directive 2003 / 87 / ec of the european parliament and of the council of 13 october 2003 establishing a scheme for greenhouse gas emission allowance trading within the community arising before 1 may 2014 for reporting verified emissions and for the corresponding surrender of allowances from incoming and outgoing flights to and from such aerodromes . aircraft operators who wish to continue to comply with those requirements should be able to do so .


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


### the establishment of the three european supervisory authorities should be accompanied by the development of a single set of harmonised rules so as to ensure uniform application and thus contribute to a more effective functioning of the internal market . the regulations establishing the esfs provide that the european supervisory authorities may develop draft technical standards in the areas specifically set out in the relevant legislation , to be submitted to the commission for adoption by means of regulations or decisions . the relevant legislation should define those areas where the european supervisory authorities are empowered to develop draft technical standards . ### the establishment of the three european supervisory authorities should be accompanied by the development of a single set of harmonised rules so as to ensure uniform application and thus contribute to a more effective functioning of the internal market . the regulations establishing the esfs provide that the esa may develop draft technical standards in the areas specifically set out in the relevant legislation , not including policy decisions , to be submitted to the commission for adoption by means of regulations or decisions adopted following a full consultation of the european parliament . the relevant legislation should define those areas where the european supervisory authorities are empowered to develop draft technical standards .


### the identification of areas for technical standards should strike an appropriate balance between building a single set of harmonised rules , without unduly complicating regulation . only those areas should be selected where consistent technical rules will contribute significantly to financial stability , depositor , policy holder and investor protection , market efficiency and integrity , and eliminate distortions of competition and risks of regulatory arbitrage . ### the identification of areas for technical standards should strike an appropriate balance between building a single set of harmonised rules , without unduly complicating regulation . only those areas should be selected where consistent technical rules will contribute significantly to financial stability , depositor , policy holder and investor protection , market efficiency and integrity , and eliminate distortions of competition and risks of regulatory arbitrage , while ensuring that policy decisions are taken , in accordance with the usual procedures , by the european parliament , the council and the commission .


### 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 judgements , disagreements can be resolved and cooperation strengthened before a final decision is made or issued to an institution .


### article 6 in order to determine the conditions of application of the calculation methods listed in annex i part ii , but without prejudice to article 6 ; ### article 6 in order to clarify the calculation methods listed in annex i part ii , but without prejudice to article 6 ;


### 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 clarify the obligation for competent authorities to cooperate according to paragraph 1 and to the content of the cooperation arrangements according to paragraph 2 , including the development of standard forms and templates .


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


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


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


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


### 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 await any decision that the european banking authority may take in accordance with article 11 of that regulation on its proposed decision , to settle the matter in order to ensure compliance with eu law , and shall take its final decision in conformity with the eba ' s decision . the 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 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 conditions for the authorisation of the self - managed investment company , with the exception of the conditions established in paragraph 1 of this article . ### in order to ensure uniform application of this article , the european securities and markets authority may develop draft technical standards to clarify the conditions for the authorisation of the self - managed investment company , with the exception of the conditions established in paragraph 1 of this article .


### 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 provisions concerning the categories of assets in which ucits can invest in accordance to this article . ### in order to ensure uniform application of this article , the european securities and markets authority may develop draft technical standards to clarify the provisions concerning the categories of assets in which ucits can invest in accordance to this article .


### for the purposes of applying council regulation no [ … / … ] [ establishing the criteria and mechanisms for determining the member state responsible for examining an application for international protection lodged in one of the member states by a third - country national or a stateless person ] , it is necessary to establish the identity of applicants for international protection and of persons apprehended in connection with the unlawful crossing of the external borders of the community . it is also desirable , in order effectively to apply the council regulation no [ … / … ] [ establishing the criteria and mechanisms for determining the member state responsible for examining an application for international protection lodged in one of the member states by a third - country national or a stateless person ] , and in particular points and of article 18 thereof , to allow each member state to check whether a third country national or stateless person found illegally staying on its territory has applied for international protection in another member state . ### for the purposes of applying regulation no [ … / … ] of the european parliament and of the council [ establishing the criteria and mechanisms for determining the member state responsible for examining an application for international protection lodged in one of the member states by a third - country national or a stateless person ] , it is necessary to establish the identity of applicants for international protection and of persons apprehended in connection with the unlawful crossing of the external borders of the union . it is also desirable , in order effectively to apply regulation no [ … / … ] [ establishing the criteria and mechanisms for determining the member state responsible for examining an application for international protection lodged in one of the member states by a third - country national or a stateless person ] , and in particular points and of article 18 thereof , to allow each member state to check whether a third country national or stateless person found illegally staying on its territory has applied for international protection in another member state .


### in view of ensuring equal treatment for all applicants and beneficiaries of international protection , as well as in order to ensure consistency with current union asylum acquis , in particular with council directive 2004 / 83 / ec of 29 april 2004 on minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted and regulation no [ … / … ] [ establishing the criteria and mechanisms for determining the member state responsible for examining an application for international protection lodged in one of the member states by a third - country national or a stateless person ] , it is appropriate to extent the scope of this regulation to order to include applicants for subsidiary protection and persons enjoying subsidiary protection . ### in view of ensuring equal treatment for all applicants and beneficiaries of international protection , as well as in order to ensure consistency with current union asylum acquis , in particular with directive 2011 / 95 / eu of the european parliament and of the council of 13 december 2011 on standards for the qualification of third - country nationals or stateless persons as beneficiaries of international protection , for a uniform status for refugees or for persons eligible for subsidiary protection , and for the content of the protection granted1 and regulation no [ … / … ] [ establishing the criteria and mechanisms for determining the member state responsible for examining an application for international protection lodged in one of the member states by a third - country national or a stateless person ] , it is appropriate to extent the scope of this regulation to order to include applicants for subsidiary protection and persons enjoying subsidiary protection . _______________ 1 oj l 337 , 20 . 12 . 2011 , p . 9 .


### regulation no 45 / 2001 of the european parliament and of the council of 18 december 2000 on the protection of individuals with regard to the processing of personal data by the community institutions and bodies and on the free movement of such data and in particular articles 21 and 22 thereof concerning confidentiality and security of processing apply to the processing of personal data by union institutions , bodies , offices and agencies carried out in application of this regulation . however , certain points should be clarified in respect of the responsibility for the processing of data and of the supervision of data protection . ### regulation no 45 / 2001 of the european parliament and of the council of 18 december 2000 on the protection of individuals with regard to the processing of personal data by the community institutions and bodies and on the free movement of such data and in particular articles 21 and 22 thereof concerning confidentiality and security of processing apply to the processing of personal data by union institutions , bodies , offices and agencies carried out in application of this regulation . however , certain points should be clarified in respect of the responsibility for the processing of data and of the supervision of data protection , bearing in mind that data protection is a key factor in the successful operation of eurodac and that data security , high technical quality and lawfulness of consultations are essential to ensure the smooth and proper functioning of eurodac as well as to facilitate the application of regulation no [ … / … ] [ establishing the criteria and mechanisms for determining the member state responsible for examining an application for international protection lodged in one of the member states by a third - country national or a stateless person ] .


### it is appropriate to monitor and evaluate the performance of eurodac at regular intervals . ### it is appropriate to monitor and evaluate the performance of eurodac at regular intervals . the agency should submit an annual report on the activities of the central system to the european parliament and to the council .


### ' hit ' shall mean the existence of a match or matches established by the central system by comparison between fingerprint data recorded in the central database and those transmitted by a member state with regard to a person , without prejudice to the requirement that member states shall immediately check the results of the comparison pursuant to article 18 ; ### ' hit ' means the existence of a match or matches established by the central system by comparison between fingerprint data recorded in the computerised central fingerprint database and those transmitted by a member state with regard to a person , without prejudice to the requirement that member states shall immediately check the results of the comparison pursuant to article 18 ;


### the procedure for taking fingerprints shall be determined and applied in accordance with the national practice of the member state concerned and in accordance with the safeguards laid down in the charter of fundamental rights of the european union , in the convention for the protection of human rights and fundamental freedoms and in the united nations convention on the rights of the child . ### the procedure for taking fingerprints shall be determined and applied in accordance with the national practice of the member state concerned and in accordance with the safeguards laid down in the charter of fundamental rights of the european union , in the convention for the protection of human rights and fundamental freedoms and in the united nations convention on the rights of the child . the best interests of the child shall be a primary consideration of member states in the application of this regulation .


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


### the agency shall draw up statistics on the work of the central system every month , indicating in particular : ### the agency shall draw up statistics on the work of the central system every quarter , indicating in particular :


### the number of requests for marking and unmarking transmitted in accordance with article 18 and . ### the number of data sets marked in accordance with article 18 and ;


### at the end of each year , statistical data shall be established in the form of a compilation of the monthly statistics for that year , including an indication of the number of persons for whom hits have been recorded under points , , and . the statistics shall contain a breakdown of data for each member state . ### at the end of each year , statistical data shall be established in the form of a compilation of the quarterly statistics for that year , including an indication of the number of persons for whom hits have been recorded under points , , and . the statistics shall contain a breakdown of data for each member state .


### collection , transmission and comparison of fingerprints ### collection , transmission and comparison of fingerprint data


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


### by way of derogation from paragraph 1 , where it is not possible to take the fingerprints of such person on account of measures taken to ensure the health of the person or the protection of public health , the member state concerned shall take and send the fingerprints of the person , in accordance with the deadline set out in paragraph 2 , once these grounds no longer prevail . ### by way of derogation from paragraph 1 , where it is not possible to take the fingerprints of such person on account of measures taken to ensure the health of the person , for the protection of public health or for technical reasons , the member state concerned shall take and send the fingerprints of the person , in accordance with the deadline set out in paragraph 2 , once these grounds no longer prevail .


### requests for comparison with eurodac data by europol shall take place within the limits of its mandate and where necessary for the performance of its tasks pursuant to the europol decision and for the purposes of a specific analysis or an analysis of a general nature and of a strategic type . ### requests for comparison with eurodac data by europol shall take place within the limits of its mandate and where necessary for the performance of its tasks pursuant to the europol decision .


### the existence of the right of access to data relating to him / her , and the right to request that inaccurate data relating to him / her be corrected or that unlawfully processed data relating to them be erased , as well as the right to receive information on the procedures for exercising those rights including the contact details of the controller and the national supervisory authorities referred to in article 31 . ### the right of access to data relating to him / her , and the right to request that inaccurate data relating to him / her be corrected or that unlawfully processed data relating to them be erased , as well as the procedures for exercising those rights including the contact details of the controller and the national supervisory authorities referred to in article 31 .


### the members of the supervisory or management boards and senior staff of the infrastructure manager shall hold no interest in or receive any financial benefit , directly or indirectly , from any other legal entities within the vertically integrated undertaking . performance - based elements of their remuneration shall not depend on the business results of any other legal entities within the vertically integrated undertaking or any legal entities under its control , but exclusively on those of the infrastructure manager . ### the members of the supervisory or management boards and senior staff of the infrastructure manager , as well as employees thereof with access to confidential information , shall hold no interest in or receive any financial benefit , directly or indirectly , from any other legal entities within the vertically integrated undertaking . performance - based elements of their remuneration shall not depend on the business results of any other legal entities within the vertically integrated undertaking or any legal entities under its control , but exclusively on those of the infrastructure manager .


### the coordination committee shall draw up rules of procedure that include , in particular , rules on participation in and frequency of meetings which shall be at least quarterly . a report of the coordination committee’s discussions shall be submitted annually to the infrastructure manager , the member state , the regulatory body concerned and the commission with an indication of the respective positions taken by the committee members . ### the coordination committee shall draw up rules of procedure that include , in particular , rules on participation in and frequency of meetings which shall be at least quarterly , as well as rules on regular consultations – to take place at least once a year – with the representatives of freight and passenger transport service users . a report of the coordination committee’s discussions shall be submitted annually to the infrastructure manager , the member state , the regulatory body concerned and the commission with an indication of the respective positions taken by the committee members .


### until the assessment date , any member state concerned may communicate to the reporting member state any considerations relevant to the application . the reporting member state shall take those considerations duly into account . ### until the assessment date the reporting member state shall develop and circulate to the member states concerned an initial assessment report . until 2 days before the reporting date , member states concerned may communicate to the reporting member state and all other member states concerned any considerations relevant to the application . the reporting member state shall take those considerations duly into account in finalising the assessment report .


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


### credit agreements which will eventually be repaid from the sale proceeds of an immovable property . ### credit agreements where the creditor : contributes a lump sum , periodic payments or other forms of credit disbursement in return for a sum deriving from the sale of an immovable property or a right relating to immovable property ; and ii ) will not seek full repayment of the credit until the occurrence of one or more specified life events defined in member states .


### consider a sufficiently large number of credit agreements available on the market so as to enable the recommendation of the most suitable credit agreements for the consumer ' s needs , financial situation and personal circumstances ; ### disclose to the consumer the range of credit agreements they consider so that the consumer understands the basis of the recommendation of suitable credit agreements for the consumer ' s needs , financial situation and personal circumstances ;


### where the host member state has clear and demonstrable grounds for concluding that a credit intermediary acting within its territory under the freedom to provide services or through a branch is in breach of the obligations set out in this directive , it shall refer those findings to the competent authority of the home member state which shall take the appropriate measures . in cases where , despite measures taken by the competent authority of the home member state , a credit intermediary persists in acting in a manner that is clearly prejudicial to the interests of host member state consumers or the orderly functioning of markets , the following shall apply : ### where the host member state has clear and demonstrable grounds for concluding that a credit intermediary acting within its territory under the freedom to provide services or through a branch is in breach of the obligations set out in this directive which do not confer powers on the competent authority of the host member state , it shall refer those findings to the competent authority of the home member state which shall take the appropriate measures . in cases where , despite measures taken by the competent authority of the home member state , a credit intermediary persists in acting in a manner that is clearly prejudicial to the interests of host member state consumers or the orderly functioning of markets , the following shall apply :


### the agency shall define , elaborate and coordinate common projects of union interest with regard to the areas referred to in paragraph 1 . the project definition shall contain the specific obligations and responsibilities of each participating industrial property office of the member states and the benelux office for intellectual property . ### the agency shall , in cooperation with the offices of the member states , define , elaborate and coordinate common projects of union interest with regard to the areas referred to in paragraph 1 . the project definition shall contain the specific obligations and responsibilities of each participating industrial property office of the member states and the benelux office for intellectual property .


### the fight against poverty remains the primary objective of the european union ' s development policy , as laid down in article 21 of the treaty on european union and article 208 of the treaty on the functioning of the european union . ### the fight against poverty and all forms of discrimination on the basis of sexual orientation , gender identity or gender expression should be the primary objective of the european union ' s development policy . the allocation of financial development aid should be subject to the upholding of these universal values .


### where appropriate , and without prejudice to their objectives and budget , existing programmes which contribute to the promotion of development may support the european year . ### where appropriate , and without prejudice to their objectives and budget , existing programmes which contribute to the promotion of development may support the european year provided that there is no duplication .


### it is necessary to amend directive 2011 / 92 / eu in order to strengthen the quality of the environmental assessment procedure , streamline the various steps of the procedure and enhance coherence and synergies with other union legislation and policies , as well as strategies and policies developed by member states in areas of national competence . ### it is necessary to amend directive 2011 / 92 / eu in order to strengthen the quality of the environmental assessment procedure , streamline the various steps of the procedure , align the procedure with the principles of smart regulation and enhance coherence and synergies with other union legislation and policies , as well as strategies and policies developed by member states in areas of national competence .


### for projects listed in annex ii , the developer shall provide information on the characteristics of the project , its potential impact on the environment and the measures envisaged in order to avoid and reduce significant effects . the detailed list of information to be provided is specified in annex ii . a . ### for projects listed in annex ii , which in accordance with the laws of member states require a case - by - case examination or which meet the thresholds or criteria set by the member states in accordance with paragraph 2 , the developer shall provide information on the characteristics of the project and its potential impact on the environment . the detailed list of information to be provided is specified in annex ii . a .


### the competent authority , after having consulted the authorities referred to in article 6 and the developer , shall determine the scope and level of detail of the information to be included by the developer in the environmental report , in accordance with paragraph 1 of this article . in particular , it shall determine : the decisions and opinions to be obtained ; the authorities and the public likely to be concerned ; the individual stages of the procedure and their duration ; reasonable alternatives relevant to the proposed project and its specific characteristics ; the environmental features referred to in article 3 likely to be significantly affected ; the information to be submitted relevant to the specific characteristics of a particular project or type of project ; the information and knowledge available and obtained at other levels of decision - making or through other union legislation , and the methods of assessment to be used . the competent authority may also seek assistance from accredited and technically competent experts referred to in paragraph 3 of this article . subsequent requests to the developer for additional information may only be made if these are justified by new circumstances and duly explained by the competent authority . ### member states shall take the necessary measures to ensure that , if the developer so requests before submitting an application for development consent , the competent authority shall give an opinion on the information to be supplied by the developer in accordance with paragraph 1 . the competent authority after having consulted the authorities referred to in article 6 and the developer , shall determine the scope and level of detail of the information to be included by the developer in the environmental report , in accordance with paragraph 1 of this article . if the developer requests a scoping opinion , subsequent requests to the developer for additional information may only be made if these are justified by new circumstances or directly relevant to making an informed decision on any significant adverse environmental impacts , and are duly explained by the competent authority . member states may require the competent authorities to give such an opinion , irrespective of whether the developer so requests .


### the existing and planned land use , including land take and fragmentation ; ### the existing and planned land use ;


### the use of natural resources , in particular land , soil , water , biodiversity and the ecosystem services it provides , considering as far possible the availability of these resources also in the light of changing climatic conditions ; ### the use of relevant natural resources .


### the greenhouse gas emissions , including from land use , land use change and forestry ; ### the greenhouse gas emissions ;


### furthermore , in case of distance contracts for the provision of services , for which the performance begins during the withdrawal period , it would be unfair to allow the consumer to withdraw after the service has been enjoyed by the consumer in full or in part . therefore the consumer should lose his right of withdrawal when performance begins with his prior express agreement . ### furthermore , in case of distance contracts for the provision of services , for which performance begins during the withdrawal period , it would be unfair to allow the consumer to withdraw after the service has been enjoyed by the consumer in full or in part . therefore the consumer should lose his right of withdrawal when performance begins with his prior express agreement . in contrast , because of the potential for psychological pressure in the case of off premises contracts for the provision of services the consumer should retain his right of withdrawal in cases where performance begins during the withdrawal period at the consumer’s express request on a durable medium . however , it would be unfair to allow the consumer to withdraw without the consumer being obliged to pay a reasonable amount to the trader to reflect services provided and goods provided as part of the transaction prior to withdrawal , provided that the trader informed the consumer of the obligation to pay , on a durable medium prior to conclusion of the contract .