### regulation no 1013 / 2006 of the european parliament and of the council of 14 june 2006 on shipments of waste13 lays down requirements for shipments of waste both within the union and between the member states and third countries , in order to protect the environment . however , gaps have been identified in the enforcement and inspections carried out by the competent authorities in member states due to , inter alia , a lack of clear provisions in the regulation on these matters . __________________ 13 oj l 190 , 12 . 7 . 2006 , p . 1 . ### regulation no 1013 / 2006 of the european parliament and of the council13 lays down requirements for shipments of waste both within the union and between the member states and third countries , in order to protect the environment . however , gaps and divergences have been identified in the enforcement and inspections carried out by the competent authorities in member states due to , inter alia , a lack of clear provisions in the regulation on these matters . the number of contraventions of legislation on shipments of waste is therefore thought to be considerable . __________________ 13 regulation no 1013 / 2006 of the european parliament and of the council of 14 june 2006 on shipments of waste .


### in cases of a suspected illegal shipment , require the person in charge of the shipment to submit a copy of the invoice and contract relating to the sale or transfer of ownership of the substance or object , which states that it is destined for re - use within the meaning of article 2 and to prove that it is fully functional . ### in cases of a suspected illegal shipment , require the person in charge of the shipment to submit a copy of the invoice and contract relating to the sale or transfer of ownership of the substance or object , which states that it is destined for re - use within the meaning of article 2 .


### requests by railway undertakings for access to the service facility may only be rejected if there are viable alternatives allowing them to operate the freight or passenger service concerned on the same route under economically acceptable conditions . the burden of proving for the existence of a viable alternative lies with the operator of the service facility . ### requests by railway undertakings for access to the service facility may only be rejected if there are viable alternatives allowing them to operate the freight or passenger service concerned on the same route under economically acceptable conditions . when refusing access to its service facility , the operator of the service facility shall be required to justify its refusal in writing .


### the infrastructure manager shall demonstrate to the regulatory body the ability of a train service to pay mark - ups according to article 32 , whereby each of the services listed under a single one of the following points shall belong to different market segments : ### in case the infrastructure manager levies mark - ups , it shall develop a list of market segments to which the regulatory body shall give its prior approval . mark - ups shall be such that traffic volumes in individual segments develop no worse than traffic volumes on competing markets . the pairs to be considered by infrastructure managers when they define a list of market segments with a view to introducing mark - ups in the charging system according to article 31 include at least the following ones :


### requests by railway undertakings for access to the service facility may only be rejected if there are viable alternatives allowing them to operate the freight or passenger service concerned on the same route under economically acceptable conditions . the burden of proving for the existence of a viable alternative lies with the operator of the service facility . ### requests by railway undertakings for access to the service facility may only be rejected if there are viable alternatives allowing them to operate the freight or passenger service concerned on the same route under economically acceptable conditions . when refusing access to its service facility , the operator of the service facility shall be required to prove the existence of an economically and technically viable alternative , to which the applicant can switch without a material increase in its costs , and shall justify its refusal in writing .


### regulatory bodies shall develop common principles and practices for making decisions for which they are empowered under this directive . the commission may adopt implementing measures setting out such common principles and practices . those measures designed to ensure the implementation of this directive under uniform conditions shall be adopted as implementing acts in accordance with article 63 . ### the network of regulatory bodies established pursuant to paragraph 1 shall develop common principles and practices for making decisions for which they are empowered under this directive . the commission may adopt and supplement such common principles and practices in accordance with the procedure referred to in article 60 .


### the infrastructure manager shall demonstrate to the regulatory body the ability of a train service to pay mark - ups according to article 32 , whereby each of the services listed under a single one of the following points shall belong to different market segments : ### the regulatory body shall ensure the ability of a train service to pay mark - ups according to article 32 , whereby each of the services listed under a single one of the following points shall belong to different market segments :


### when charging for the cost of noise effects is allowed by union legislation for road freight transport , the infrastructure charges shall be modified to take account of the cost of noise effects caused by the operation of the train in accordance with annex viii , point 2 . ### when charging for the cost of noise effects is allowed by union legislation for road freight transport , the infrastructure charges may be modified to take account of the cost of noise effects caused by the operation of the train .


### ‘ infrastructure manager’ means any body or firm responsible in particular for establishing , managing and maintaining railway infrastructure , including traffic management and control - command and signalling ; the functions of the infrastructure manager on a network or part of a network may be allocated to different bodies or firms ; ### ‘ infrastructure manager’ means any body or firm which in no way forms part of , or is directly or indirectly linked to , an undertaking as referred to in paragraph 1 and is responsible in particular for establishing , managing and maintaining railway infrastructure , including traffic management and control - command and signalling ; the functions of the infrastructure manager on a network or part of a network may be allocated to different bodies or firms ;


### for the protection of customers and third parties concerned it is important to ensure that railway undertakings are sufficiently insured against liability . ### for the protection of customers and third parties concerned it is important to ensure that railway undertakings are sufficiently insured against liability . coverage of its liability in the event of accidents through guarantees provided by banks or other undertakings should also be allowed , provided that such coverage is offered under market conditions , does not result in a state aid and does not contain elements of discrimination against railway undertakings .


### trains equipped with the european train control system running on lines equipped with national command control and signalling systems shall enjoy a temporary reduction of the infrastructure charge in accordance with annex viii , point 5 . ### trains equipped with the european train control system running on lines equipped with national command control and signalling systems shall enjoy a temporary reduction of the infrastructure charge on lines covered by the european deployment plan on which ertms is installed .


### the regulatory body shall also have the power to monitor the competition in the rail services markets and review points to of paragraph 1 on its own initiative and with a view to preventing discrimination between applicants . it shall , in particular , check whether the network statement contains discriminatory clauses or creates discretionary powers for the infrastructure manager that may be used to discriminate between applicants . the regulatory body shall have the necessary organisational capacity to carry out these tasks . ### if the regulatory body receives an appeal pursuant to paragraph 1 , it shall , in particular , check whether the network statement contains discriminatory clauses or creates discretionary powers for the infrastructure manager that may be used to discriminate between applicants . the regulatory body shall have the necessary organisational capacity to carry out these tasks .


### in the case of a complaint or an own - initiative investigation on issues of access or charging relating to an international train path , as well as in the framework of monitoring competition on the market related to international rail transport services , the regulatory body concerned shall consult the regulatory bodies of all other member states through which the international train path concerned runs and request all necessary information from them before taking its decision . ### in the case of a complaint on issues of access or charging relating to an international train path , as well as in the framework of monitoring competition on the market related to international rail transport services , the regulatory body concerned shall consult the regulatory bodies of all other member states through which the international train path concerned runs and request all necessary information from them before taking its decision .


### the infrastructure manager shall , after consultation with the interested parties , including the regulatory body referred to in article 55 , &#160 ; develop and publish a network statement obtainable against payment of a fee&#160 ; which shall&#160 ; not exceed the cost of publication of&#160 ; that statement . the network statement shall be published in at least two official languages of the union . the content of the network statement shall be made available free of charge in electronic format through the web portal of the european railway agency . ### the infrastructure manager shall , after consultation with the interested parties , including the regulatory body referred to in article 55 , &#160 ; develop and publish a network statement obtainable against payment of a fee&#160 ; which shall&#160 ; not exceed the cost of publication of&#160 ; that statement . the network statement shall be published in at least two official languages of the union . the content of the network statement shall be made available free of charge in electronic format on the joint web portal to be set up by infrastructure managers within the framework of the cooperation referred to in articles 37 and 40 .


### without prejudice to chapter iii of regulation no 1371 / 2007 of the european parliament and of the council16 , a railway undertaking shall be adequately insured for cover , in accordance with national and international law , of its liabilities in the event of accidents , in particular in respect of freight , mail and third parties . ### without prejudice to chapter iii of regulation no 1371 / 2007 of the european parliament and of the council16 , a railway undertaking shall be adequately insured or have guarantees under market conditions for cover , in accordance with national and international law , of its liabilities in the event of accidents , in particular in respect of freight , mail and third parties .


### where the service facility has not been in use for at least two consecutive years its owner shall publicise the operation of the facility as being for lease or rent . ### where the service facility referred to in annex iii , point 2 , has not been in use for at least three consecutive years and interest by railway undertakings for access to this facility has been expressed to the operator of such service facility on the basis of demonstrated needs , its owner shall publicise the operation of the facility as being for lease or rent as a rail service facility , as a whole or in part , unless the operator of such service facility demonstrates that an on - going process of reconversion prevents its use by any railway undertaking .


### the regulatory body shall ensure that charges set by the infrastructure manager comply with chapter iv , section 2 and are non - discriminatory . negotiations between applicants and an infrastructure manager concerning the level of infrastructure charges shall only be permitted if these are carried out under the supervision of the regulatory body . the regulatory body shall intervene if negotiations are likely to contravene the requirements of this chapter . ### the regulatory body shall ensure that charges set by the infrastructure manager comply with chapter iv , section 2 and are non - discriminatory .


### member states shall ensure that authorisation and selection procedures avoid delays and promote effective competition . ### member states shall ensure that authorisation and selection procedures avoid delays and promote effective competition by preventing any potential anti - competitive outcomes for the benefit of eu citizens and consumers .


### maximise flexibility in the use of spectrum , to promote innovation and investment , through the application of the principles of technology and service neutrality , the opening of spectrum to new services , and the possibility to trade spectrum rights ; ### enhance flexibility in the use of spectrum , to promote innovation and investment , through a consistent application of the principles of technology and service neutrality applied in a consistent manner across the union so as to ensure a level playing field between the technological solutions that may be adopted and through adequate regulatory predictability , the opening of harmonised spectrum to new advanced services , and the possibility to trade spectrum rights , thereby creating opportunities for pan - european structures to be established ;


### maximise flexibility in the use of spectrum , to promote innovation and investment , through the application of the principles of technology and service neutrality , the opening of spectrum to new services , and the possibility to trade spectrum rights ; ### maximise flexibility in the use of spectrum , to promote innovation and investment , through the consistent application of the principles of technology and service neutrality and through adequate regulatory predictability , the opening up of harmonised spectrum to new advanced services , and the possibility of trading spectrum rights , thereby creating opportunities for pan - european structures to be established ;


### guaranteeing the functioning of the internal market , in particular by ensuring effective competition . ### guaranteeing the development of the internal market and digital services by ensuring effective competition , a level playing field and by promoting the emergence of pan - european operators .


### the commission , assisted by the member states , which shall provide all appropriate information on spectrum use , shall create an inventory of existing spectrum use and of possible future needs for spectrum in the union , in particular in the range from 300 mhz to 3 ghz . ### the commission , assisted by the member states , which shall provide all appropriate information on spectrum use , shall create an inventory of the entire existing radio spectrum use and of possible future needs for spectrum in the union .


### as underlined in the digital agenda for europe , wireless broadband is an important means to boost competition , consumer choice and access in rural and other areas where deployment of wired broadband is difficult or economically unviable . however , spectrum management may affect competition by changing the role and power of market players , for example if existing users receive undue competitive advantages . limited spectrum access , in particular when appropriate spectrum becomes scarcer , can create a barrier to entry for new services or applications and hamper innovation and competition . acquisition of new usage rights , including through spectrum trading or other transactions between users , and the introduction of new flexible criteria for spectrum use can have an impact on the existing competitive situation . member states should therefore take appropriate ex ante or ex post regulatory measures to avoid distortions of competition in line with the principles underpinning article 5 of directive 2002 / 20 / ec and article 1 of directive 87 / 372 / eec . ### as underlined in the digital agenda for europe , wireless broadband is an important means to boost competition , a pan - european level playing field , consumer choice and access in rural and other areas where deployment of wired broadband is difficult or economically unviable . however , spectrum management may affect competition by changing the role and power of market players , for example if existing users receive undue competitive advantages . limited spectrum access , in particular when appropriate spectrum becomes scarcer , can create a barrier to entry for new services or applications and hamper innovation and competition . acquisition of new usage rights , including through spectrum trading or other transactions between users , and the introduction of new flexible criteria for spectrum use can have an impact on the existing competitive situation . member states should therefore take appropriate ex ante or ex post regulatory measures to avoid distortions of competition in line with the principles underpinning article 5 of directive 2002 / 20 / ec and article 1 of directive 87 / 372 / eec . member states may also take steps to achieve more even spectrum allocation between economic operators by reserving spectrum for new entrants to a frequency band or group of bands with similar characteristics .


### this first programme should in particular support the europe 2020 strategy for smart , sustainable and inclusive growth given the huge potential of wireless services to promote an information - based economy , develop and assist sectors relying on information and communications technologies and overcome the digital divide . it is also a key action in the digital agenda for europe which aims to deliver fast broadband internet in the future network - based knowledge economy , with an ambitious target for universal broadband coverage with speeds of at least 30 mbps for all europeans by 2020 , thereby achieving the sustainable economic and social benefits of a digital single market . it should also support and promote other union sectoral policies such as a sustainable environment and economic and social inclusion for all union citizens . given the importance of wireless applications for innovation , this programme is also a key initiative in support of union policies on innovation . ### this first programme should in particular support the europe 2020 strategy for smart , sustainable and inclusive growth given the huge potential of wireless services to promote an information - based economy , develop and assist sectors relying on information and communications technologies and overcome the digital divide . it is also a key action in the digital agenda for europe which aims to deliver fast broadband internet in the future network - based knowledge economy , with an ambitious target for universal broadband coverage . providing the highest possible broadband speeds and capacity , ensuring not less than 30 mbps for all by 2020 with at least half of european households having broadband access at a speed of at least 100 mbps , is important for fostering economic growth and global competitiveness , thereby achieving the sustainable economic and social benefits of a digital single market . it should also support and promote other union sectoral policies such as a sustainable environment and economic and social inclusion for all union citizens . given the importance of wireless applications for innovation , this programme is also a key initiative in support of union policies on innovation .


### member states shall ensure that selection conditions and procedures promote investment and efficient use of spectrum . ### member states shall ensure that selection conditions and procedures promote investment and efficient use of spectrum . in addition , member states shall promote the ongoing efficient use of spectrum for both networks and user applications .


### if the controller refuses to take action on the request of the data subject , the controller shall inform the data subject of the reasons for the refusal and on the possibilities of lodging a complaint to the supervisory authority and seeking a judicial remedy . ### if the controller does not take action on the request of the data subject , the data subject shall have the right to ask the controller for the reasons for the inaction and on the possibilities of lodging a complaint to the supervisory authority and seeking a judicial remedy .


### the controller shall adopt policies and implement appropriate measures to ensure and be able to demonstrate that the processing of personal data is performed in compliance with this regulation . ### the controller shall adopt policies and implement appropriate measures to ensure and be able to demonstrate that the processing of personal data is performed in compliance with the data protection principles laid out in this regulation , and that the intended outcome is achieved for data subjects .


### where the commission has taken no decision pursuant to article 41 , a controller or processor may transfer personal data to a third country or an international organisation only if the controller or processor has adduced appropriate safeguards with respect to the protection of personal data in a legally binding instrument . ### where the commission has taken no decision pursuant to article 41 , a controller or processor may transfer personal data to a third country or an international organisation only if the controller or processor has adduced appropriate safeguards .


### other reasons of public interest in areas such as social protection , especially in order to ensure the quality and cost - effectiveness of the procedures used for settling claims for benefits and services in the health insurance system . ### other reasons of public interest in areas such as social protection , especially in order to ensure the quality and cost - effectiveness of the procedures used for settling claims for benefits and services in the health insurance system and the provision of health services .


### in the case of a personal data breach , the controller shall without undue delay and , where feasible , not later than 24 hours after having become aware of it , notify the personal data breach to the supervisory authority . the notification to the supervisory authority shall be accompanied by a reasoned justification in cases where it is not made within 24 hours . ### in the case of a personal data breach relating to special categories of personal date , personal data which are subject to professional secrecy , personal data relating to criminal offences or to the suspicion of a criminal act or personal data relating to bank or credit card accounts , which seriously threaten the rights or legitimate interests of the data subject , the controller shall without undue delay notify the personal data breach to the supervisory authority .


### where the controller is a public authority or body and where the processing results from a legal obligation pursuant to point of article 6 providing for rules and procedures pertaining to the processing operations and regulated by union law , paragraphs 1 to 4 shall not apply , unless member states deem it necessary to carry out such assessment prior to the processing activities . ### where the controller is a public authority or body or where the data is processed by another body which has been entrusted with the responsibility of delivering public service tasks , and where the processing results from a legal obligation pursuant to point of article 6 providing for rules and procedures pertaining to the processing operations and regulated by union law , paragraphs 1 to 4 shall not apply , unless member states deem it necessary to carry out such assessment prior to the processing activities .


### the discussions of the european data protection board shall be confidential . ### the discussions of the european data protection board shall be confidential where necessary , whilst upholding the highest possible standards of transparency and openness as to its general work .


### right to be forgotten and to erasure ### right to erasure


### the data subject shall have the right to obtain from the controller the erasure of personal data relating to them and the abstention from further dissemination of such data , especially in relation to personal data which are made available by the data subject while he or she was a child , where one of the following grounds applies : ### the data subject shall have the right to request from the controller , and pursue , the erasure of personal data relating to them and the abstention from further dissemination of such data , where one of the following grounds applies :


### where the personal data are not collected from the data subject , the controller shall inform the data subject , in addition to the information referred to in paragraph 1 , from which source the personal data originate . ### where the personal data collected would have potentially harmful consequences or is wholly unrelated to the data subject , the controller shall inform the data subject , in addition to the information referred to in paragraph 1 , from which source the personal data originate .


### the acceptance by the controller or processor established on the territory of a member state of liability for any breaches of the binding corporate rules by any member of the group of undertakings not established in the union ; the controller or the processor may only be exempted from this liability , in whole or in part , if he proves that that member is not responsible for the event giving rise to the damage ; ### the acceptance by the controller or processor of liability for any breaches of the binding corporate rules by any member of the group of undertakings not established in the union ; the controller or the processor may only be exempted from this liability , in whole or in part , if he proves that that member is not responsible for the event giving rise to the damage ;


### kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed ; personal data may be stored for longer periods insofar as the data will be processed solely for historical , statistical or scientific research purposes in accordance with the rules and conditions of article 83 and if a periodic review is carried out to assess the necessity to continue the storage ; ### kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed ; personal data may be stored for longer periods insofar as the data will be processed solely for historical , statistical or scientific research purposes in accordance with the rules and conditions of articles 81 and 83 and if a periodic review is carried out to assess the necessity to continue the storage ;


### the member states , the supervisory authorities and the commission shall encourage the drawing up of codes of conduct intended to contribute to the proper application of this regulation , taking account of the specific features of the various data processing sectors , in particular in relation to : ### the member states , the supervisory authorities and the commission shall encourage the drawing up of codes of conduct or the adoption of a code of conduct drawn up by a supervisory authority intended to contribute to the proper application of this regulation , taking account of the specific features of the various data processing sectors , in particular in relation to :


### adequate , relevant , and limited to the minimum necessary in relation to the purposes for which they are processed ; they shall only be processed if , and as long as , the purposes could not be fulfilled by processing information that does not involve personal data ; ### adequate , relevant , and not excessive in relation to the purposes for which they are processed ; they shall only be processed if , and as long as , the purposes could not be fulfilled by processing information that does not involve personal data ;


### every natural person shall have the right not to be subject to a measure which produces legal effects concerning this natural person or significantly affects this natural person , and which is based solely on automated processing intended to evaluate certain personal aspects relating to this natural person or to analyse or predict in particular the natural person ' s performance at work , economic situation , location , health , personal preferences , reliability or behaviour . ### every data subject shall have the right not to be subject to a decision that produces adverse legal effects or adversely affects this data subject , and which is based solely or predominantly on automated processing intended to evaluate certain personal aspects relating to this data subject .


### the commission shall be empowered to adopt delegated acts in accordance with article 86 for the purpose of further specifying the criteria and requirements for the data protection certification mechanisms referred to in paragraph 1 , including conditions for granting and withdrawal , and requirements for recognition within the union and in third countries . ### the supervisory authorities and the european data protection board shall lay down and specify criteria and requirements for the data protection certification mechanisms , including conditions for granting and withdrawal , and requirements for recognition within the union and in third countries .


### measures based on profiling ### measures based on automated processing


### every natural person shall have the right not to be subject to a measure which produces legal effects concerning this natural person or significantly affects this natural person , and which is based solely on automated processing intended to evaluate certain personal aspects relating to this natural person or to analyse or predict in particular the natural person ' s performance at work , economic situation , location , health , personal preferences , reliability or behaviour . ### every natural person shall have the right not to be subject to a measure which is based solely on automated processing intended to evaluate certain personal aspects relating to this natural person or to analyse or predict in particular the natural person ' s performance at work , economic situation , location , health , personal preferences , reliability or behaviour , without prejudice to legal and legitimate forms of profiling in commercial use or for the purpose of the prevention , investigation or prosecution of criminal activity .


### if the data subject ' s consent is to be given in the context of a written declaration which also concerns another matter , the requirement to give consent must be presented distinguishable in its appearance from this other matter . ### if the data subject ' s consent is to be given in the context of a written declaration which concerns an entirely new , separate or unrelated matter , the requirement to give consent must be presented distinguishable in its appearance from this other matter .


### the supervisory authority shall impose a fine up to 500 000 eur , or in case of an enterprise up to 1 % of its annual worldwide turnover , to anyone who , intentionally or negligently : ### the supervisory authority shall impose a fine under the same criteria as listed in article 79 paragraph 4 , for the more serious breaches , up to a maximum of 500 000 eur , or in case of an enterprise up to 1 % of its annual worldwide turnover to anyone who :


### consent shall not provide a legal basis for the processing , where there is a significant imbalance between the position of the data subject and the controller . ### consent shall not provide a legal basis for the processing , where there is a significant imbalance or coercive relationship between the position of the data subject and the controller . the patient - healthcare provider relationship is not considered a significantly imbalanced or coercive relationship .


### if the controller refuses to take action on the request of the data subject , the controller shall inform the data subject of the reasons for the refusal and on the possibilities of lodging a complaint to the supervisory authority and seeking a judicial remedy . ### if the controller does not take action on the request of the data subject , the data subject shall have the right to ask the controller for the reasons for the inaction and on the possibilities of lodging a complaint to the supervisory authority and seeking a judicial remedy .


### where personal data are processed for direct marketing purposes , the data subject shall have the right to object free of charge to the processing of their personal data for such marketing . this right shall be explicitly offered to the data subject in an intelligible manner and shall be clearly distinguishable from other information . ### where personal data are processed for direct marketing purposes , the data subject shall have the right to object to processing to the processing of their personal data for such marketing . this right shall be offered to the data subject in an intelligible and clear manner and shall be clearly distinguishable from other information .


### the controller shall inform the data subject without delay and , at the latest within one month of receipt of the request , whether or not any action has been taken pursuant to article 13 and articles 15 to 19 and shall provide the requested information . this period may be prolonged for a further month , if several data subjects exercise their rights and their cooperation is necessary to a reasonable extent to prevent an unnecessary and disproportionate effort on the part of the controller . the information shall be given in writing . where the data subject makes the request in electronic form , the information shall be provided in electronic form , unless otherwise requested by the data subject . ### the controller shall inform the data subject without undue delay and , at the latest within 30 working days of receipt of the request , whether or not any action has been taken pursuant to article 13 and articles 15 to 19 and shall provide the requested information . this period may be prolonged for a further 30 working days , if several data subjects exercise their rights and their cooperation is necessary to a reasonable extent to prevent an unnecessary and disproportionate effort on the part of the controller or in case the information would be incomplete or inaccurate . the information shall be given in the medium in which it was requested unless otherwise requested by the data subject .


### associations and other bodies representing categories of controllers in several member states may submit draft codes of conduct and amendments or extensions to existing codes of conduct to the commission . ### associations and other bodies representing categories of controllers in several member states may submit draft codes of conduct and amendments or extensions to existing codes of conduct to the european data protection board .


### having regard to the state of the art and the cost of implementation , the controller shall , both at the time of the determination of the means for processing and at the time of the processing itself , implement appropriate technical and organisational measures and procedures in such a way that the processing will meet the requirements of this regulation and ensure the protection of the rights of the data subject . ### where required , mandatory measures may be adopted to ensure that categories of goods or services are designed and have default settings meeting the requirements of this regulation relating to the protection of individuals with regard to the processing of personal data . such measures shall be based on standardisation pursuant to [ regulation . . . / 2012 of the european parliament and of the council on european standardisation , amending council directives 89 / 686 / eec and 93 / 15 / eec and directives 94 / 9 / ec , 94 / 25 / ec , 95 / 16 / ec , 97 / 23 / ec , 98 / 34 / ec , 2004 / 22 / ec , 2007 / 23 / ec , 2009 / 23 / ec and 2009 / 105 / ec of the european parliament and of the council and repealing decision 87 / 95 / eec and decision no 1673 / 2006 / ec ] .


### the information and the actions taken on requests referred to in paragraph 1 shall be free of charge . where requests are manifestly excessive , in particular because of their repetitive character , the controller may charge a fee for providing the information or taking the action requested , or the controller may not take the action requested . in that case , the controller shall bear the burden of proving the manifestly excessive character of the request . ### the information and the actions taken on requests referred to in paragraph 1 shall be either free of charge or at a maximum , sufficient to cover the administrative costs of handling , particularly with regard to repeat or bulk requests . where requests are manifestly excessive , in particular with the aim of causing disruption , inconvenience or financial burden due to their repetitive character , the controller may charge a fee for providing the information or taking the action requested , or the controller may not take the action requested . in that case , the controller shall bear the burden of proving the manifestly excessive character of the request .


### if the controller refuses to take action on the request of the data subject , the controller shall inform the data subject of the reasons for the refusal and on the possibilities of lodging a complaint to the supervisory authority and seeking a judicial remedy . ### if the controller does not take action on the request of the data subject , the data subject shall have the right to lodge a complaint with the supervisory authority .


### the competent authority of the home member state shall verify the application , create and validate a european professional card within two weeks from the date it receives a complete application . it shall inform the applicant and the member state in which the applicant envisages to provide services , of the validation of the european professional card . the transmission of the validation information to the host member states concerned shall constitute the declaration provided for in article 7 . the host member state may not require a further declaration under article 7 for the following two years . ### the competent authority of the home member state shall verify the application and the supporting documentation , and shall issue the european professional card within one month from the date it receives a complete application . it shall then transmit the european professional card immediately to the competent authority of the host member state concerned and inform the applicant accordingly . the host member states concerned shall constitute the declaration provided for in article 7 . the host member state may not require a further declaration under article 7 for the following year .


### “european professional card” : an electronic certificate issued to the professional proving the recognition of his qualifications for establishment in a host member state or that he has met all the necessary conditions to provide services in a host member state on a temporary and occasional basis ; ### ' european professional card ' : an electronic certificate issued to the professional by the competent authority to document his / her qualifications upon request for the purposes of establishment in a host member state or the provision of services in a host member state on a temporary and occasional basis ;


### the competent authority of the home member state shall verify the application , create and validate a european professional card within two weeks from the date it receives a complete application . it shall inform the applicant and the member state in which the applicant envisages to provide services , of the validation of the european professional card . the transmission of the validation information to the host member states concerned shall constitute the declaration provided for in article 7 . the host member state may not require a further declaration under article 7 for the following two years . ### the competent authority of the home member state shall verify the application and the supporting documentation , and shall issue the european professional card within one month from the date it receives a complete application . it shall then transmit the european professional card immediately to the competent authority of the host member state concerned and inform the applicant accordingly . the host member states concerned shall constitute the declaration provided for in article 7 . without prejudice to article 8 the host member state may not require a further declaration under article 7 for the following year .


### member states shall ensure that the holder of a european professional card benefits from all the rights conferred by articles 4b to 4e , upon validation of the card by the competent authority of the relevant member state as provided for in paragraphs 3 and 4 of this article . ### member states shall ensure that the holder of a european professional card benefits from all the rights conferred by articles 4b to 4e , upon validation of the card by the competent authority of the host member state as provided for in paragraphs 3 and 4 of this article .


### where the host member state fails to take a decision within the time limits set out in the paragraphs 2 and 3 or to request additional information within one month from the date of receipt of the european professional card by the home member state , the european professional card shall be deemed to be validated by the host member state and to constitute recognition of the professional qualification to the regulated profession concerned in the host member state . ### where the host member state fails to take a decision within the time limits set out in the paragraphs 2 and 3 or to request additional information within one month from the date of receipt of the european professional card by the home member state , the european professional card shall be deemed to be temporarily validated by the host member state and to constitute recognition of the professional qualification to the regulated profession concerned in the host member state . following the completion of a pilot project for each interested profession , the commission shall be empowered to adopt implementing acts in accordance with article 58 concerning the establishment of timelines for the processes outlined in paragraphs 1 , 2 , 3 and 4


### any language control shall be limited to the knowledge of one of the official languages of the member state according to the choice of the person concerned , it shall be proportionate to the activity to be pursued and free of charge for the professional . the person concerned shall be allowed to appeal such controls before national courts . ### verification of language knowledge shall be limited to the knowledge of one of the official languages of the member state according to the choice of the person concerned ; it shall be proportionate to the activity to be pursued . any fees which the applicant may incur in relation to the verification of language shall be reasonable and proportionate and of an amount comparable to the fees required of domestic or non - eu professionals . the person concerned shall be allowed to appeal such controls before national courts


### the commission shall adopt implementing acts specifying european professional cards for specific professions , establishing the format of the european professional card , the translations necessary to support any application for issuing a european professional card and details for the assessment of applications , taking into account the particularities of each profession concerned . those implementing acts shall be adopted in accordance with the advisory procedure referred to in article 58 . ### upon request , the european professional cards shall be available for selected professions covered by implementing acts adopted by the commission in accordance with the examination procedure referred to in article 58 .


### information provided to rightholders , members , other collecting societies and users on request ### information provided to rightholders , members , other collective management organisations and users


### ‘ management fees’ means the amount charged by a collecting society in order to cover the costs of its management of copyright or related rights services ; ### ‘ management fees’ means the amount deducted by a collective management organisation from the rights revenues in order to cover the costs of management of copyright or related rights ;


### in the online music sector , where collective management of authors ' rights on a territorial basis remains the norm , it is essential to create conditions conducive to the most effective licensing practices by collecting societies , in an increasingly cross - border context . it is therefore appropriate to provide for a set of rules coordinating basic conditions for the provision by collecting societies of multi - territorial collective licensing of authors ' online rights in musical works . these provisions should ensure the necessary minimum quality of the cross - border services provided by collecting societies , notably in terms of transparency of repertoire represented and accuracy of financial flows related to the use of the rights . they should also set out a framework for facilitating the voluntary aggregation of music repertoire and thus reducing the number of licences a user needs to operate a multi - territorial service . these provisions should enable a collecting society to request another collecting society to represent its repertoire on a multi - territorial basis where it cannot fulfil the requirements itself . there should be an obligation on the requested society , provided that it aggregates repertoire and offers or grants multi - territorial licences , to accept the mandate of the requesting society . the development of legal online music services across the union should also contribute to the fight against piracy . ### in the online music sector , where collective management of authors ' rights on a territorial basis remains the norm , it is essential to create conditions conducive to the most effective licensing practices by collecting management organisations , in an increasingly cross - border context . it is therefore appropriate to provide for a set of rules coordinating basic conditions for the provision by collecting management organisations of multi - territorial collective licensing of authors ' online rights in musical works , thereby enhancing consumer choice and advancing towards completion of the digital single market . these provisions should ensure the necessary minimum quality of the cross - border services provided by collecting management organisations , notably in terms of transparency of repertoire represented and accuracy of financial flows related to the use of the rights . they should also set out a framework for facilitating the voluntary aggregation of music repertoire and thus reducing the number of licences a user needs to operate a multi - territorial service . these provisions should enable a collecting management organisation to request another collecting management organisation to represent its repertoire on a multi - territorial basis where it cannot fulfil the requirements itself . there should be an obligation on the requested society , provided that it aggregates repertoire and offers or grants multi - territorial licences , to accept the mandate of the requesting society . the development of legal online music services across the union should also contribute to the fight against piracy .


### in addition , a collecting society shall make available at the request of any rightholder or any collecting society , any information on works for which one or more rightholders have not been identified including , where available , the title of the work , the name of the author , the name of the publisher and any other relevant information available which could be necessary to identify the rightholders . ### a collective management organisation shall make available at the request of any rightholder or any collective management organisation , any information on works for which one or more rightholders have not been identified including , where available , the title of the work , the name of the author , the name of the publisher and any other relevant information available which could be necessary to identify the rightholders .


### ' collecting society ' means any organisation which is authorised by law or by way of assignment , licence or any other contractual arrangement , by more than one rightholder , to manage copyright or rights related to copyright as its sole or main purpose and which is owned or controlled by its members ; ### ' collective management organisation ' means any organisation which is authorised by law or by way of assignment , licence or any other contractual arrangement , by a substantial number of rightholders , to manage copyright or rights related to copyright as its sole or main purpose and which is owned or controlled by its members ;


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


### ‘ rights revenue’ means income collected by a collecting society on behalf of rightholders , whether from an exclusive right , a right to remuneration or a right to compensation ; ### ‘ rights revenue’ means income collected by a collective management organisation on behalf of rightholders , whether from an exclusive right , a right to remuneration or a right to compensation as well as any financial revenue , such as interest payments of amounts collected by a collective management organisation on behalf of rightholders ;


### the amounts due to the rightholder per category of rights managed , and type of use , paid by the collecting society to the rightholder in the period concerned ; ### the amounts due to the rightholder per category of rights managed , per type of use , and per work paid by the collective management organisation to the rightholder in the period concerned ;


### members of collecting societies should be allowed to participate and vote in the general meeting ; the exercise of these rights may only be subject to fair and proportionate restrictions . the exercise of voting rights should be made easy . ### the interests of all members of collecting management organisations should be represented at the general meeting and where possible , members of collecting management organisations should be allowed to participate and vote in the general meeting ; the exercise of these rights may only be subject to fair and proportionate restrictions . the exercise of voting rights should be made easy .


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


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


### rightholders shall have the right to authorise a collecting society of their choice to manage the rights , categories of rights or types of works and other subject matter of their choice , for the member states of their choice , irrespective of the member state of residence or of establishment or the nationality of either the collecting society or the rightholder . ### rightholders may authorise a collecting management organisation of their choice to manage the rights , or types of works and other subject matter of their choice , for the member states of their choice , irrespective of the member state of residence or of establishment or the nationality of either the collecting management organisation or the rightholder . a collecting management organisation may refuse to accept a mandate from a rightholder where the collecting management organisation does not manage the rights covered by the mandate .


### member states shall ensure that the rightholder gives express consent specifically for each right or category of rights or type of works and other subject matter which that rightholder authorises the collecting society to manage and that any such consent is evidenced in documentary form . ### member states shall ensure that the rightholder gives express consent specifically for each right or category of rights , works or type of works and other subject matter which that rightholder authorises the collective management organisation to manage and that any such consent is evidenced in documentary form .


### member states shall ensure that a collecting society makes public the following information : ### member states shall ensure that a collective management organisation makes available through a publicly accessible website at least the following information :


### the amounts due to rightholders per category of rights managed , and per type of use paid by the collecting society for the licensing of the rights it manages under the representation agreement ; ### the amounts due to rightholders per category of rights managed , per type of use and per work paid by the collective management organisation for the licensing of the rights it manages under the representation agreement ;


### collecting societies shall not restrict the exercise of rights provided under paragraphs 3 and 4 by requiring that the management of rights or categories of rights or type of works and other subject matter which are subject to the termination or the withdrawal are entrusted to another collecting society . ### collective management organisations shall not restrict the exercise of rights provided under paragraphs 3 and 4 by requiring that the management of rights or categories of rights , works or type of works and other subject matter which are subject to the termination or the withdrawal are entrusted to another collective management organisation .


### the general meeting shall control the activities of the collecting society by , at least , deciding on the appointment and removal of the auditor and approving the annual transparency report and the auditor ' s report . ### the general meeting shall control the activities of the collective management organisation by , at least , deciding on the appointment and removal of the auditor and approving the annual transparency report and the auditor ' s report . where any serious doubt is raised regarding the financial management of the collective management organisation , the general meeting shall be entitled to ask for an external audit of the collective management organisation . the result of such external audit shall be communicated to all members as well as to the public .


### ‘ management fees’ means the amount charged by a collecting society in order to cover the costs of its management of copyright or related rights services ; ### ‘ management fees’ means the amount deducted by a collective management organisation from the rights revenue in order to cover the costs of its management of copyright or related rights services ;


### ensuring product identification and the traceability of products throughout the entire supply chain helps to identify economic operators and to take effective corrective measures against unsafe products , such as targeted recalls . product identification and traceability thus ensure that consumers and economic operators obtain accurate information regarding unsafe products which enhances confidence in the market and avoids unnecessary disruption of trade . products should therefore bear information allowing their identification and the identification of the manufacturer and , if applicable , of the importer . manufacturers should also establish technical documentations regarding their products for which they may choose the most appropriate and cost - efficient way such as by electronic means . moreover , economic operators should be required to identify the operators who supplied them and to whom they supplied a product . directive 95 / 46 / ec of the european parliament and of the council of 24 october 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data is applicable to the processing of personal data for the purposes of this regulation . ### ensuring the identification , indication of origin and traceability of products throughout the entire supply chain helps to identify economic operators and to take effective corrective measures against unsafe products , such as targeted recalls . product identification and traceability thus ensure that consumers and economic operators obtain accurate information regarding unsafe products which enhances confidence in the market and avoids unnecessary disruption of trade . products should therefore bear information allowing their identification and the identification of the manufacturer and , if applicable , of the importer . manufacturers should also establish technical documentations regarding their products for which they may choose the most appropriate and cost - efficient way such as by electronic means . moreover , economic operators should be required to identify the operators who supplied them and to whom they supplied a product . directive 95 / 46 / ec of the european parliament and of the council of 24 october 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data is applicable to the processing of personal data for the purposes of this regulation .


### member states should lay down rules on penalties applicable to infringements of this regulation and ensure that they are implemented . those penalties must be effective , proportionate and dissuasive . ### member states should lay down rules on penalties applicable to infringements of this regulation and ensure that they are implemented . those penalties must be effective , harmonised to the extent possible , proportionate in terms of quantity , the value of the good and the length of time it has been available on the market , and dissuasive .


### the indication of origin supplements the basic traceability requirements concerning the name and address of the manufacturer . in particular , the indication of the country of origin helps to identify the actual place of manufacture in all those cases where the manufacturer cannot be contacted or its given address is different from the actual place of manufacture . such information can facilitate the task of market surveillance authorities in tracing the product back to the actual place of manufacture and enable contacts with the authorities of the countries of origin in the framework of bilateral or multilateral cooperation on consumer product safety for appropriate follow up actions . ### the indication of origin supplements the basic traceability requirements concerning the name and address of the manufacturer . in particular , the indication of the country of origin helps to identify the actual place of manufacture in all those cases where the manufacturer cannot be contacted or its given address is different from the actual place of manufacture , to enable consumers to connect products with the social , environmental and safety standards of their country of origin and to safeguard them against fake or illicit products . such information can facilitate the task of market surveillance authorities in tracing the product back to the actual place of manufacture and enable contacts with the authorities of the countries of origin in the framework of bilateral or multilateral cooperation on consumer product safety and the combating of counterfeiting for appropriate follow up actions , as is already the case with many of the eu’s trading partners and competitors , which since the 1920s have applied more stringent rules of origin for all goods , including products imported from europe . those countries include the united states , mexico , canada and japan .


### manufacturers and importers shall ensure that products bear an indication of the country of origin of the product or , where the size or nature of the product does not allow it , that indication is to be provided on the packaging or in a document accompanying the product . ### manufacturers , importers and distributors shall ensure that products bear an indication of the country of origin of the product or , where the size or nature of the product does not allow it , that indication is to be provided on the packaging or in a document accompanying the product , such as point of sale material .


### the characteristics of the product , including its composition , packaging , instructions for assembly and , where applicable , for installation and maintenance ; ### the characteristics of the product , including its composition , authenticity , packaging , instructions for assembly and , where applicable , for installation and maintenance ;


### on the basis of the risk assessment referred to in article 4 , once the action values referred to in article 3 and annexes ii and iii are exceeded , the employer , unless the assessment carried out in accordance with article 4 demonstrates that the exposure limit values are not exceeded and that safety risks can be excluded , shall devise and implement an action plan comprising technical and / or organisational measures to prevent exposure exceeding the exposure limit values , taking into account in particular : ### on the basis of the risk assessment referred to in article 4 , once the action values referred to in article 3 and annexes ii and iii are exceeded , the employer , unless the assessment carried out in accordance with article 4 demonstrates that the exposure limit values are not exceeded and that health and safety risks can be excluded , shall devise and implement an action plan comprising technical and / or organisational measures to prevent exposure exceeding the exposure limit values , taking into account in particular :


### in the event of an accident , the relevant authorities , in cooperation with operators concerned , shall take all measures necessary to prevent escalation of the accident and to mitigate its consequences . ### in the event of a major accident , the operator shall take all measures necessary to prevent escalation of the accident and to mitigate its consequences .


### ' acceptable ' shall mean : rendering a risk of a major accident tolerable to the furthest extent beyond which no significant reduction of the risk is derived from the input of further time , resources or cost ; ### ' tolerable ' means where a risk of a major accident is reduced to the furthest extent beyond which the input of time , resources or cost required to further minimise the risk would be grossly disproportionate to the risk ;


### ‘ major accident’ shall mean : an occurrence such as fire or explosion , significant loss of well control or significant escape of hydrocarbons to the environment , significant damage to the installation or equipment thereon , loss of structural integrity of the installation , and any other event involving death or major injury to five or more persons on or working in connection with the installation ; ### ‘ major accident’ means : explosion , loss of well control , release of hydrocarbons or dangerous substances involving fatalities or serious personal injury ; an incident leading to serious damage to the installation or equipment thereon , with an imminent risk of fatalities or serious personal injury ; any other event leading to serious injury to five or more persons on the offshore installation from which the source of danger occurs or engaged in an activity in connection with it ; any significant or serious damage to the environment relating to the above ;


### member states shall prepare external emergency plans covering all offshore oil and gas installations and potentially affected areas within their jurisdiction . ### member states shall prepare external emergency response plans covering all offshore oil and gas installations or connected infrastructure and potentially affected areas within their jurisdiction . the external emergency response plans shall specify the role of operators in the external emergency response , and the operators ' liability regarding the costs of external emergency response .


### where non compliance with the provisions of paragraph 1 to this article poses an immediate danger to human health or threatens to cause an immediate significant adverse effect upon safety and / or the environment , the operation of the installation or operation of relevant part thereof shall be suspended by the operator , until compliance is restored . ### where an activity carried out by an operator poses an immediate danger to human health or significantly increases the risk of a major accident , operators shall immediately take the safest possible mitigating measures , which may include the suspension of operation of the installation , until the threat of or actual imminent danger is brought under control .


### should a major accident nonetheless occur , operators and competent authorities shall take all suitable measures to limit their consequences for human health and the environment and where possible to avoid serious disruptions of oil and gas production within the union . ### should a major accident nonetheless occur , operators shall take all suitable measures to limit their consequences for human health and the environment .


### offshore oil and gas activities covered by this regulation shall be performed on the basis of a systematic assessment of the likelihood of hazardous events and their consequences , and the implementation of control measures so that the risks of major accidents to people , the environment , and offshore assets are acceptable . ### operators shall ensure that offshore oil and gas operations covered by this directive are performed on the basis of a systematic and regularly updated risk assessment and the implementation of control measures so that the residual risks of major accidents are tolerable .


### where transboundary effects of offshore oil and gas accidents are foreseeable , member states shall make information available to the commission and potentially affected member states or third countries on a reciprocity basis and take identified risks into account when preparing the external emergency plan . the member states in question shall coordinate their emergency plans to facilitate joint response to an accident . ### where transboundary effects of offshore oil and gas accidents are foreseeable , the member states concerned shall make information available to the commission and potentially affected member states or third countries on a reciprocity basis and take identified risks into account when preparing the external emergency response plan . the member states in question shall coordinate their emergency response plans to facilitate joint response to an accident . where transboundary effects of onshore oil and gas accidents are foreseeable and present risks for third countries , member states shall make information available to the commission and , on a reciprocity basis , to the third countries .


### ' major accident ' shall mean : an occurrence such as fire or explosion , significant loss of well control or significant escape of hydrocarbons to the environment , significant damage to the installation or equipment thereon , loss of structural integrity of the installation , and any other event involving death or major injury to five or more persons on or working in connection with the installation ; ### ' major accident ' shall mean : an occurrence such as a fire or explosion , loss of well control or a significant release of hydrocarbons or other chemicals to the environment , significant damage to the installation or equipment thereon , loss of structural integrity of the installation , and any other event involving death , or major injury to five or more persons on or working in connection with the installation ;


### offshore oil and gas activities covered by this regulation shall be performed on the basis of a systematic assessment of the likelihood of hazardous events and their consequences , and the implementation of control measures so that the risks of major accidents to people , the environment , and offshore assets are acceptable . ### operators shall ensure that offshore oil and gas activities covered by this regulation are performed on the basis of a systematic risk assessment of the likelihood of hazardous events and their consequences , and the implementation of control measures so that the residual risks of major accidents to people , the environment , and offshore assets are tolerable .


### ‘ major accident’ shall mean : an occurrence such as fire or explosion , significant loss of well control or significant escape of hydrocarbons to the environment , significant damage to the installation or equipment thereon , loss of structural integrity of the installation , and any other event involving death or major injury to five or more persons on or working in connection with the installation ; ### ‘ major accident’ means : explosion , loss of well control , release of hydrocarbons or dangerous substance involving fatalities or serious personal injury ; an incident leading to serious damage to the installation or equipment thereon , with an imminent risk of fatalities or serious personal injury ; any other event leading to death or serious injury to five or more persons on the offshore installation from which the source of danger occurs or engaged in an activity in connection with it ; any major environmental incident ;


### external emergency response plans shall be prepared with the cooperation of relevant operators and , as appropriate , licensees , and aligned with the internal emergency response plans of the installations stationed or planned in the subject area . any update to the internal plans advised by an operator should be taken into account . ### external emergency response plans shall be prepared with the cooperation of relevant operators and , as appropriate , licensees , and aligned with current internal emergency response plans of the existing or planned installations stationed or connected infrastructure in the subject area . any update to the internal plans advised by an operator should be taken into account .


### where a member state considers that a well operation or the operation of an installation may have significant negative effects on waters of another member state in the case of an accident , or where a member state likely to be significantly affected so requests , the member state in whose jurisdiction the operations are to take place , shall forward to the affected member state the relevant information and shall endeavour to adopt joint preventive measures to prevent damages . ### where a member state considers that a major accident relating to an offshore oil and gas operation under its jurisdiction is likely to have significant effects on the environment in another member state , or where a member state likely to be significantly affected so requests , the member state in whose jurisdiction the operations are to take place , shall forward the relevant information to the other member state pursuant to the relevant provisions of union law , in particular council directive 85 / 337 / eec .


### where non compliance with the provisions of paragraph 1 to this article poses an immediate danger to human health or threatens to cause an immediate significant adverse effect upon safety and / or the environment , the operation of the installation or operation of relevant part thereof shall be suspended by the operator , until compliance is restored . ### where an activity carried out by an operator poses an immediate danger to human health or significantly increases the risk of a major accident , operators shall take immediate and appropriate measures , such as the suspension of the operation of the installation , until the threat of or actual imminent danger is brought under control .


### where a member state considers that a well operation or the operation of an installation may have significant negative effects on waters of another member state in the case of an accident , or where a member state likely to be significantly affected so requests , the member state in whose jurisdiction the operations are to take place , shall forward to the affected member state the relevant information and shall endeavour to adopt joint preventive measures to prevent damages . ### where a member state considers that a major accident relating to an offshore oil and gas operation under its jurisdiction is likely to have significant negative effects on the environment in another member state , or where a member state likely to be significantly affected so requests , the member state in whose jurisdiction the operations are to take place , shall forward the relevant information to the affected member state and shall endeavour to adopt agreed measures to prevent damages .


### the competent authority shall develop annual plans for effective oversight , including inspections , of major hazard activities based on risk and paying particular regard to , and verifying , compliance with the documents submitted to it pursuant to article 9 , and shall monitor its effectiveness and shall take any necessary measures to effect improvements thereto . ### competent authorities shall develop annual plans for effective oversight , including inspections , of major hazard activities based on risk and paying particular regard to compliance with the reports on major hazards , internal emergency response plans and well operations notifications submitted pursuant to article 9 .


### in the event of an accident , the relevant authorities , in cooperation with operators concerned , shall take all measures necessary to prevent escalation of the accident and to mitigate its consequences . ### in the event of a major accident , the operator , in cooperation with operators concerned , shall take all measures necessary to prevent escalation of the accident and to mitigate its consequences . the operator may be assisted by the relevant authorities who may supply additional resources .


### the operator shall immediately notify the relevant authorities of a major accident or of a situation with immediate risk of major accident . where necessary , relevant authorities shall assist the operator concerned with a view to preventing escalation of the risk or accident . ### the operator shall immediately notify the relevant authorities of a major accident , including its origin and possible impacts on the environment and human life and health , or of a situation with an immediate risk of a major accident . where necessary , relevant authorities shall assist the operator concerned with a view to preventing escalation of the risk or accident .


### member states shall prepare external emergency plans covering all offshore oil and gas installations and potentially affected areas within their jurisdiction . ### member states shall prepare external emergency response plans covering all offshore oil and gas installations or connected infrastructure and potentially affected areas within their jurisdiction . the external emergency response plans shall specify the role of operators in the external emergency response , and the operators ' responsibility for the costs of external emergency response .


### ‘ major accident’ shall mean : an occurrence such as fire or explosion , significant loss of well control or significant escape of hydrocarbons to the environment , significant damage to the installation or equipment thereon , loss of structural integrity of the installation , and any other event involving death or major injury to five or more persons on or working in connection with the installation ; ### ‘ major accident’ means : explosion , loss of well control , release of hydrocarbons or dangerous substances involving fatalities or serious personal injury ; an incident leading to serious damage to the installation or equipment thereon , with an imminent risk of fatalities or serious personal injury ; any other event leading to serious injury to five or more persons on the offshore installation from which the source of danger occurs or engaged in an activity in connection with it ; any significant or serious damage to the environment relating to the above ;


### where transboundary effects of offshore oil and gas accidents are foreseeable , member states shall make information available to the commission and potentially affected member states or third countries on a reciprocity basis and take identified risks into account when preparing the external emergency plan . the member states in question shall coordinate their emergency plans to facilitate joint response to an accident . ### where transboundary effects of offshore oil and gas accidents are foreseeable , the member states concerned shall exchange information with potentially affected member states or neighbouring third countries when preparing the external emergency response plans and agree arrangements to coordinate the implementation of these plans to facilitate a joint response to an accident .


### l5be l5be l7ce ### commercial tricycle commercial tricycle


### new motorcycles of subcategories l3e–a2 and l3e–a3 which are sold , registered and entering into service to be equipped with an anti - lock brake system . ### new motorcycles of subcategories l3e–a1 , l3e–a2 and l3e–a3 which are sold , registered and entering into service to be equipped with an anti - lock brake system on both wheels .


### new motorcycles of subcategories l3e–a2 and l3e–a3 which are sold , registered and entering into service to be equipped with an anti - lock brake system . ### new motorcycles of subcategories l3e–a2 and l3e–a3 which are sold , registered and entering into service to be equipped with an anti - lock brake system on both wheels .


### by way of derogation from article 7 of regulation no [ &#8230 ; ] [ rd ] , expenditure relating to legal commitments to beneficiaries , undertaken under the measures of article 36 to and and of regulation no 1698 / 2005 and of article 36 and of that regulation in relation to the annual premium , shall be eligible for an eafrd contribution in the 2014 - 2020 programming period in the following cases : ### by way of derogation from article 7 of regulation no [ &#8230 ; ] [ rd ] , expenditure relating to legal commitments to beneficiaries , undertaken under the measures referred to in articles 20 , 36 , 52 and 63 of regulation 1698 / 2005 , shall be eligible for an eafrd contribution in the 2014 - 2020 programming period in the following cases :


### for payments to be made after 31 december 2015 . ### for payments to be made after 31 december 2015 for all commitments undertaken pursuant to article 36 .


### by way of derogation from article 94 of regulation no [ &#8230 ; ] [ rd ] , for the measures of article 36 to and and of regulation no 1698 / 2005 , member states may continue to undertake new legal commitments to beneficiaries in 2014 pursuant to the rural development programmes adopted on the basis of regulation no 1698 / 2005 even after the financial resources of the 2007 - 2013 programming period have been used up , until the adoption of the respective rural development programme for the 2014 - 2020 programming period . the expenditure incurred on the basis of these commitments shall be eligible in accordance with article 3 of this regulation . ### by way of derogation from article 94 of regulation no [ . . . ] [ rd ] , member states may continue to undertake new legal commitments to beneficiaries in 2014 , in relation to the measures referred to in articles 20 , 36 , 52 and 63 of regulation no 1698 / 2005 , pursuant to the rural development programmes adopted on the basis of regulation no 1698 / 2005 even after the financial resources of the 2007 - 2013 programming period have been used up , until the adoption of the respective rural development programme for the 2014 - 2020 programming period , or until the end of 2014 . the expenditure incurred on the basis of these commitments shall be eligible in accordance with article 3 of this regulation .


### by way of derogation from article 7 of regulation no [ &#8230 ; ] [ rd ] , expenditure relating to legal commitments to beneficiaries , undertaken under the measures of article 36 to and and of regulation no 1698 / 2005 and of article 36 and of that regulation in relation to the annual premium , shall be eligible for an eafrd contribution in the 2014 - 2020 programming period in the following cases : ### by way of derogation from article 7 of regulation no [ . . . ] [ rd ] , expenditure relating to legal commitments to beneficiaries , undertaken under the measures referred to in articles 20 , 36 , 52 and 63 of regulation no 1698 / 2005 , , shall be eligible for an eafrd contribution in the 2014 - 2020 programming period in the following cases :


### the commission shall by 2015 review the method of determining the specific emissions of co2 of completed vehicles in paragraph 7 of part b of annex ii and , if appropriate , submit a proposal to the european parliament and to the council to amend annex ii . ### by 2017 the commission shall , where appropriate , set up a procedure to obtain representative values of co2 emissions and fuel efficiency of completed vehicles .


### from 2014 until 2018 for excess emissions of more than 3 g co2 / km : × €120 + 45 € ) × number of new light commercial vehicles . ### from 2017 until 2021 for excess emissions of more than 3 g co2 / km : x €95 + 45 € ) x number of new light commercial vehicles .


### - 75% in 2014 , - 80% in 2015 , - 100% from 2016 onwards . ### - 75% in 2017 , - 80% in 2018 , - 100% from 2019 onwards .


### is part of a group of connected manufacturers that is responsible in total for fewer than 22 000 new light commercial vehicles registered in the community per calendar year ; or ### is part of a group of connected manufacturers that is responsible in total for fewer than 25 000 new light commercial vehicles registered in the community per calendar year ; or


### in order to carry out its duties under this regulation , esma may conduct all necessary on - site inspections with our without announcement at the premises of persons referred to in article 23a . ### in order to carry out its duties under this regulation , the european supervisory authority may conduct all necessary on - site inspections with or without prior announcement at the premises of persons referred to in article&#160 ; 23a .


### the competent authorities and colleges referred to in paragraph 1 shall ensure that any existing records and working papers shall be transferred to esma [ one month after the entry into force of this regulation ] . those competent authorities and colleges shall also render all necessary assistance and advice to esma to facilitate effective and efficient transfer and taking up of supervisory and enforcement activity in the field of credit rating agencies . ### the competent authorities and colleges referred to in paragraph 1 shall ensure that any existing records and working papers shall be transferred to the european supervisory authority on …* . . those competent authorities and colleges shall also render all necessary assistance and advice to the european supervisory authority to facilitate effective and efficient transfer and taking up of supervisory and enforcement activity in the field of credit rating agencies . * oj please insert date : six months after the entry into force of this regulation .


### articles 5 , 6 , 7 , 8 and 12 shall not apply to the activities of an investment firm or a third country entity or a local firm that is a member of a trading venue or of a market in a third country , whose legal and supervisory framework has been declared equivalent pursuant to paragraph 2 , when it deals as principal in a financial instrument , whether traded on or outside a trading venue , in either or both of the following capacities : ### articles 5 to 8 and 12 and any restrictions or requirements imposed under articles 16 , 17 , 18 or 24 shall not apply to the activities of an investment firm or a third country entity or a local firm that is a member of a trading venue or of a market in a third country , whose legal and supervisory framework has been declared equivalent pursuant to paragraph 2 , when it deals in a financial instrument , whether traded on or outside a trading venue , in either of the following capacities by :


### for the purposes of this regulation , a natural or legal person shall be considered to have an uncovered position in a credit default swap relating to an obligation of a member state or the union , to the extent that the credit default swap is not serving to hedge against the risk of default of the issuer where the natural or legal person has a long position in the sovereign debt of that issuer or any long position in the debt of an issuer for which the price of its debt has a high correlation with the price of the obligation of a member state or the union . the party under a credit default swap that is obliged to make the payment or pay the compensation in the event of a default or a credit event relating to the reference entity does not by reason of that obligation have an uncovered position for the purposes of this paragraph . ### for the purposes of this regulation , a natural or legal person shall be considered to have an uncovered position in a credit default swap relating to an obligation of a member state or the union , to the extent that the credit default swap is not serving to hedge against the risk of a decline in the creditworthiness of the issuer where the natural or legal person has another position whose value is likely to be negatively impacted by such a decline . the party under a credit default swap that is obliged to make the payment or pay the compensation in the event of a default or a credit event relating to the reference entity does not by reason of that obligation have an uncovered position for the purposes of this paragraph .


### articles 5 , 6 , 7 , 8 and 12 shall not apply to the activities of an investment firm or a third country entity or a local firm that is a member of a trading venue or of a market in a third country , whose legal and supervisory framework has been declared equivalent pursuant to paragraph 2 , when it deals as principal in a financial instrument , whether traded on or outside a trading venue , in either or both of the following capacities : ### articles 5 to 8 and 12 shall not apply to the activities of an investment firm or a third country entity that is a member of a relevant trading venue or of a relevant market in a third country , whose legal and supervisory framework has been declared equivalent pursuant to paragraph 2 , when it deals as principal in a relevant financial instrument , whether traded on or outside a trading venue , in one or more of the following capacities and by hedging positions arising out of those dealings :


### by posting firm , simultaneous two way quotes of comparable size and at competitive prices , with the result of providing liquidity on a regular and ongoing basis to the market ; ### in a way that ordinarily has the effect of providing liquidity on a regular basis to the market on both bid and offer sides of the market of comparable size ;


### articles 8 and 12 shall not apply to the activities of a natural or legal person when , acting as an authorised primary dealer pursuant to an agreement with an issuer of sovereign debt , it is dealing as principal in a financial instrument in relation to primary or secondary market operations relating to the sovereign debt . ### articles 8 and 12 and any restrictions or requirements imposed in relation to sovereign debt under articles 16 , 17 , 18 or 24 shall not apply to the activities of a natural or legal person who is an authorised primary dealer pursuant to an agreement with an issuer of sovereign debt and who is dealing as principal in a financial instrument in relation to primary or secondary market operations relating to the sovereign debt of a member state .


### a natural or legal person who has a net short position in relation to the issued share capital of a company that has shares admitted to trading on a trading venue shall disclose to the public details of the position whenever the position reaches or falls below a relevant publication threshold referred to in paragraph 2 . ### the relevant competent authority shall publish , on a daily basis , details of the aggregate amount of net short positions for each share for which it has received a notification under article 5 . such disclosure shall not identify the holder of the net short position .


### the natural or legal person has an arrangement with a third party under which that third party has confirmed that the share or sovereign debt instrument has been located and reserved for lending for the natural or legal person so that settlement can be effected when it is due . ### the natural or legal person has entered into an arrangement with a third party under which the third party has confirmed that the share or debt instrument will be available for lending to the person or for settling the short sale on the date on which settlement is due .


### articles 5 , 6 , 7 , 8 and 12 shall not apply to the activities of an investment firm or a third country entity or a local firm that is a member of a trading venue or of a market in a third country , whose legal and supervisory framework has been declared equivalent pursuant to paragraph 2 , when it deals as principal in a financial instrument , whether traded on or outside a trading venue , in either or both of the following capacities : ### articles 5 to 8 and 12 shall not apply to the activities of an investment firm or a third country entity or a local firm that is a member of a trading venue or of a market in a third country , whose legal and supervisory framework has been declared equivalent pursuant to paragraph 2 , when it holds itself out on a continuous basis as being willing to deal as principal in a financial instrument , whether traded on or outside a trading venue or as a systemic internaliser , in any one of the following capacities :


### articles 5 , 6 , 7 , 8 and 12 shall not apply to the activities of an investment firm or a third country entity or a local firm that is a member of a trading venue or of a market in a third country , whose legal and supervisory framework has been declared equivalent pursuant to paragraph 2 , when it deals as principal in a financial instrument , whether traded on or outside a trading venue , in either or both of the following capacities : ### articles 5 to 8 and 12 shall not apply to the activities of an investment firm or a third country entity or a local firm that is a member of a trading venue or of a market in a third country , whose legal and supervisory framework has been declared equivalent pursuant to paragraph 2 , when it deals as principal in any financial instrument including equities , options , derivatives , sovereign debt and corporate debt , whether traded on or outside a trading venue or as a systemic internaliser , in either or both of the following capacities :


### a natural or legal person may only enter into a short sale of a share admitted to trading on a trading venue or a short sale of a sovereign debt instrument where one of the following conditions is fulfilled : ### a natural or legal person may only enter into a sale of a share admitted to trading on a trading venue , where that sale is expected to result in a net short position in the relevant share at the close of business , where one of the following conditions is fulfilled :


### vessels targeting deep - sea species with other bottom gear should not extend their range of operation according to their authorisation within union waters , unless expansion can be assessed as not carrying a significant risk of negative impact on vulnerable marine ecosystems . ### vessels fishing deep - sea species in a targeted or accessory manner with bottom gear should not extend their range of operation according to their fishing authorisation within union waters , unless expansion can be assessed as not carrying a significant risk of negative impact on vulnerable marine ecosystems . similarly , wherever their area of activity may be , when finding indices of the presence of vulnerable marine ecosystems , they should avoid these locations in the future , pending whether these indices reflect a proved presence of vulnerable marine ecosystems .


### measures to avoid an increase in by - catches of most vulnerable species ; and ### measures to prevent by - catches in deep sea fisheries , of most vulnerable species in particular ; and


### special fishing authorisations issued in accordance with regulation no 2347 / 2002 shall remain valid until their replacement by fishing authorisations allowing the catch of deep - sea species issued in accordance with this regulation , but shall in any case no longer be valid after 30 september 2012 . ### special fishing authorisations issued in accordance with regulation no 2347 / 2002 shall remain valid until their replacement by fishing authorisations allowing the catch of deep - sea species issued in accordance with this regulation , but shall in any case no longer be valid after 30 september 2014 .


### where the best scientific information available does not identify exploitation rates corresponding to the precautionary approach to fisheries management due to lack of sufficient data concerning a certain stock or species , no fishing opportunities may be allocated for the fisheries concerned . ### where the best scientific information available does not identify exploitation rates corresponding to the precautionary approach to fisheries management due to lack of sufficient data concerning a certain stock or species , the fishing opportunities for the relevant fishing management period may not be fixed higher than the rates provided within the ices approach for data limited stocks .


### moreover , vessels which have to change gear in order to be able to stay in the fishery should be eligible for receiving financial assistance from the european fisheries fund provided that the new gear reduces the impact of fishing on non - commercial species and provided also that the national operational programme allows contributing to such measures . ### moreover , vessels which opt to change gear should be eligible for receiving financial assistance from the european fisheries fund provided that the new gear reduces the impact of fishing on non - commercial species and provided also that the national operational programme allows contributing to such measures .