### without prejudice to the powers of the commission under article 226 of the treaty , where a national supervisory authority does not comply with the decision referred to in paragraph 4 of this article within the period of time specified therein , and where it is necessary to remedy in a timely manner the non compliance by the national supervisory authority in order to maintain or restore neutral conditions of competition in the market or ensure the orderly functioning and integrity of the financial system , the authority may , where the relevant requirements of the legislation referred to in article 1 are directly applicable to financial institutions , adopt an individual decision addressed to a financial institution requiring the necessary action to comply with its obligations under community law including the cessation of any practice . ### without prejudice to the powers of the commission under article 258 of the treaty , where a national supervisory authority does not comply with the decision referred to in paragraph 4 of this article within the period of time specified therein , and where it is necessary to remedy in a timely manner the non compliance by the national supervisory authority in order to maintain or restore neutral conditions of competition in the market or ensure the orderly functioning and integrity of the financial system , the authority shall , pursuant to the legislation referred to in article 1 , adopt an individual decision addressed to a financial institution requiring the necessary action to comply with its obligations under union law including the cessation of any practice .


### the decision of the authority shall be in conformity with the decision adopted by the commission pursuant to paragraph 4 . ### the decision of the authority shall be in conformity with the decision adopted pursuant to paragraph 4 .


### in the case of adverse developments which may seriously jeopardise the orderly functioning and integrity of financial markets or the stability of the whole or part of the financial system in the community , the commission , upon its own initiative or following a request by the authority , the council , or the esrb , may adopt a decision addressed to the authority , determining the existence of an emergency situation for the purposes of this regulation . ### in the case of adverse developments which may seriously jeopardise the orderly functioning and integrity of financial markets or the stability of the whole or part of the financial system in the community , the esrb , upon its own initiative or following a request by the authority , the council , the european parliament or the commission , may issue a warning declaring the existence of an emergency situation in order to enable the authority without further requirements to adopt the individual decisions referred to in paragraph 3 .


### without prejudice to the powers laid down in article 9 , where a national supervisory authority disagrees on the procedure or content of an action or inaction by another national supervisory authority in areas where the legislation referred to in article 1 requires cooperation , coordination or joint decision making by competent authorities from more than one member state , the authority , at the request of one or more of the national supervisory authorities concerned , may assist the authorities in reaching an agreement in accordance with the procedure set out in paragraph 2 . ### without prejudice to the powers laid down in article 9 , where a national supervisory authority disagrees on the procedure or content of an action or inaction by another national supervisory authority in areas where the legislation referred to in article 1 requires cooperation , coordination or joint decision making by competent authorities from more than one member state , the authority , on its own initiative or at the request of one or more of the national supervisory authorities concerned , shall take the lead in assisting the authorities in reaching an agreement in accordance with the procedure set out in paragraphs 2 to 4 .


### the authority shall set a time limit for conciliation between the national supervisory authorities taking into account any relevant time periods specified in the legislation referred to in article 1 and the complexity and urgency of the matter . ### the authority shall set a time limit for conciliation between the national supervisory authorities taking into account any relevant time periods specified in the legislation referred to in article 1 and the complexity and urgency of the matter . at that stage the authority shall at act as a mediator .


### if , at the end of the conciliation phase , the national supervisory authorities concerned have failed to reach an agreement , the authority may take a decision requiring them to take specific action or to refrain from action in order to settle the matter , in compliance with community law . ### if , at the end of the conciliation phase , the national supervisory authorities concerned have failed to reach an agreement , the authority shall in accordance with the procedure set out in the second subparagraph of article 29 take a decision to settle the disagreement and to require them to take specific action , in compliance with union law with binding effects on the national supervisory authorities concerned .


### the authority shall contribute to promote the efficient and consistent functioning of colleges of supervisors and foster the coherence of the application of community legislation across colleges . ### the authority shall contribute to promote and monitor the efficient effective and consistent functioning of the colleges of supervisors and foster the coherence of the application of union law across colleges .


### the authority shall participate as an observer in colleges of supervisors as it deems appropriate . for the purpose of that participation , it shall be considered a ' national supervisory authority ' within the meaning of the relevant legislation and , at its request , shall receive all relevant information shared with any member of the college . ### the authority shall participate in colleges of supervisors as it deems appropriate . for the purpose of that participation , it shall be considered a ' national supervisory authority ' within the meaning of the relevant legislation and , at its request , shall receive all relevant information shared with any member of the college .


### without prejudice to the competences of the community institutions , the authority may develop contacts with supervisory authorities from third countries . it may enter into administrative arrangements with international organisations and the administrations of third countries . ### the authority shall develop contacts with supervisory authorities from third countries . it may enter into administrative arrangements with international organisations and the administrations of third countries .


### the authority shall cooperate closely with the esrb . it shall provide the esrb with regular and up - to - date information necessary for the achievement of its tasks . any data necessary for the achievement of its tasks that are not in summary or collective form shall be provided without delay to the esrb upon a reasoned request , as specified in article [ 15 ] of regulation no … . / … [ esrb ] . ### the authority shall cooperate closely with the esrb . it shall provide the esrb with regular and up - to - date information necessary for the achievement of its tasks . any data necessary for the achievement of its tasks that are not in summary or collective form shall be provided without delay to the esrb upon a reasoned request , as specified in article [ 15 ] of regulation no … . / … [ esrb ] . the authority shall develop an adequate protocol for the disclosure of confidential information regarding individual financial institutions .


### the authority shall ensure that no decision adopted under articles 10 or 11 impinges in any way on the fiscal responsibilities of member states . ### the authority shall ensure that no decision adopted under articles 10 or 11 impinges directly in a significant manner on the fiscal responsibilities of member states .


### in its notification , the member state shall justify why and clearly demonstrate how the decision impinges on its fiscal responsibilities . ### in its notification , the member state shall justify why and provide an impact assessment on how much the decision impinges on its fiscal responsibilities .


### the chairperson shall be appointed by the board of supervisors on the basis of merit , skills , knowledge of financial institutions and markets , and experience relevant to financial supervision and regulation , following an open selection procedure . ### the chairperson shall be appointed by the board of supervisors on the basis of merit , skills , knowledge of financial institutions and markets , and experience relevant to financial supervision and regulation , following an open selection procedure organised and managed by the commission .


### the executive director shall be appointed by the board of supervisors on the basis of merit , skills , knowledge of financial institutions and markets , and experience relevant to financial supervision and regulation and managerial experience , following an open selection procedure . ### the executive director shall be appointed by the board of supervisors on the basis of merit , skills , knowledge of financial institutions and markets , and experience relevant to financial supervision and regulation and managerial experience , following an open selection procedure organised and managed by the commission and after confirmation by the european parliament .


### the european parliament may invite the chairperson or his or her alternate , while fully respecting his independence , to make a statement regularly before its competent committee and answer questions put by members of that committee . ### the chairperson shall at least quarterly , make a statement before the european parliament and answer any questions put by its members .


### the european parliament may also call upon the chairperson to submit a report on the performance of his duties . ### the chairperson shall submit a report on the performance of his or her duties to the european parliament when requested and at least 15 days before making the statement referred to in paragraph 1 .


### joint committee of european supervisory authorities ### european supervisory authorities joint committee


### the joint committee shall serve as a forum in which the authority shall cooperate regularly and closely and ensure cross - sectoral consistency with the european banking authority and the european securities and markets authority . ### the joint committee shall serve as a forum in which the authority shall cooperate regularly and closely and ensure cross - sectoral consistency and learning with the european banking authority and the european securities and markets authority , in particular on : – financial conglomerates ; – accounting and auditing ; – micro - prudential analyses for financial stability ; – retail investment products ; – anti - money laundering measures ; and – information exchange with the european systemic risk board and development of the relationship between the european systemic risk board and the european supervisory authorities .


### the authority shall contribute adequate resources to the administrative support of the joint committee of european supervisory authorities . this includes staff , administrative , infrastructure , and operational expenses . ### the joint committee shall have a permanent secretariat , staffed by personnel on secondment from the three european supervisory authorities . the authority shall contribute adequate resources to administrative , infrastructure and operational expenses .


### in the case of non - contractual liability , the authority shall , in accordance with the general principles common to the laws of the member states , make good any damage caused by it or by its staff in the performance of their duties . the court of justice shall have jurisdiction in any dispute over the remedying of such damage . ### in the case of non - contractual liability , the authority shall , in accordance with the general principles common to the laws of the member states , make good any unjustifiable damage caused by it or by its staff in the performance of their duties . the court of justice shall have jurisdiction in any dispute over the remedying of such damage .


### the widespread recognition among the general public in member states and participating third countries of the ' erasmus ' brand name as a synonym of union learner mobility pleads for a more extensive use of this brand by the main education sectors covered by the programme . ### the widespread recognition among the general public in member states and participating third countries of the ' erasmus ' brand name as a synonym of union learner mobility is an argument in favour of the main education sectors covered by the programme making more extensive use of this brand and improving its evaluation and follow - up tools .


### pursuant to articles 8 and 10 of the treaty on the functioning of the european union , as well as the articles 21 and 23 of the charter of fundamental rights , the programme shall promote equality between women and men and to combat discrimination based on sex , racial or ethnic origin , religion or belief , disability , age or sexual orientation . ### pursuant to articles 8 and 10 of the treaty on the functioning of the european union , as well as the articles 21 and 23 of the charter of fundamental rights , the programme shall promote equality between women and men and to combat discrimination based on sex , racial or ethnic origin , religion or belief , disability , age or sexual orientation . this aspiration should be reflected in concrete follow - up and evaluation measures so as to ensure that the programme is implemented in accordance with these objectives .


### improved transparency of qualifications and competences and extended acceptance of union tools should facilitate mobility throughout europe for lifelong learning purposes , therefore contributing to the development of quality education and training , and will facilitate mobility for occupational purposes , between countries as well as across sectors . opening up access for young students to methods , practices and technologies used in other countries will help to improve their employability in a global economy ; it can also help making jobs with an international profile more attractive . ### improved transparency of qualifications and competences and extended acceptance of union tools should facilitate mobility throughout europe for lifelong learning purposes , therefore contributing to the development of quality education and training , and will facilitate mobility for occupational purposes , between countries as well as across sectors . opening up access for young students to methods , practices and technologies used in other countries will help to improve their employability in the european economy and will also promote labour mobility .


### it is necessary to ensure the european added value of all actions carried out within in the framework of the programme , and complementarity to activities of member states in compliance with article 167 of the treaty on the functioning of the european union and other activities , in particular in the field of culture , research , industrial and cohesion policy , enlargement policy and external relations . ### it is necessary to ensure the european added value of all actions carried out within in the framework of the programme , and complementarity to activities of member states in compliance with article 167 of the treaty on the functioning of the european union and other activities , in particular in the field of culture , research , industrial and cohesion policy , enlargement policy and external relations . this can only be ensured by developing adequate evaluation and follow - up tools .


### – % of participants who have increased their key competences and / or their skills relevant for their employability ; ### – % of participants who have increased their key competences and / or their skills relevant for their employability , measured against objective criteria such as employment rate one year after the end of study , or share of participants having taken part in professional activities as part of their course of study ;


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


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


### – related indicator : % of participants who have increased their language skills ### – related indicator : % of participants who have increased their language skills , measured in particular against objective criteria such as success in language tests


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


### transnational mobility of higher education and vocational training students as well as of young people involved in non - formal activities between the participating countries as referred in article 18 . this mobility may take the form of studying at a partner institution , traineeships abroad or participating in youth activities , notably volunteering . degree mobility at masters level shall be supported through the student loan guarantee facility as referred to in article 14 . ### transnational mobility of higher education and vocational training students as well as of young people involved in non - formal activities between the participating countries as referred in article 18 . this mobility may take the form of studying at a partner institution , traineeships or employment / training contracts abroad , or participating in youth activities , notably volunteering . degree mobility at masters level shall be supported through the student loan guarantee facility as referred to in article 14 .


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


### knowledge alliances between higher education institutions and enterprises promoting creativity , innovation and entrepreneurship by offering relevant learning opportunities , including developing new curricula ; ### knowledge alliances between higher education institutions and enterprises promoting creativity , innovation and entrepreneurship by offering relevant learning opportunities , including developing new curricula and training methods ;


### jean monnet activities ### european education and jean monnet activities


### to promote social inclusion , equal opportunities and health - enhancing physical activity through increased participation in sport . ### to promote social inclusion , equal opportunities and health - enhancing physical activity through increased participation in sport and by supporting voluntary work in the field of sport .


### support to non - commercial european sport events involving several european countries ; ### support to non - profit - making european sport events at grassroots level involving several european countries ;


### the sport activities supported shall , where appropriate , leverage supplementary funding through partnership with third parties such as private undertakings . ### the sport activities supported may , where appropriate , leverage supplementary funding through partnership with third parties such as private undertakings .


### the hong kong convention provides explicitly for its parties to take more stringent measures consistent with international law , with respect to the safe and environmentally sound recycling of ships , in order to prevent , reduce or minimise any adverse effects on human health and the environment . the establishment of a european list of ship recycling facilities fulfilling the requirements set out in this regulation would contribute to that objective as well as to better enforcement by facilitating the flag states’ control of ships going for recycling . those requirements for ship recycling facilities should be based on the requirements of the hong kong convention . ### the hong kong convention provides for its parties to be able to take more stringent measures consistent with international law , with respect to the safe and environmentally sound recycling of ships , in order to prevent , reduce or minimise any adverse effects on human health and the environment . the establishment of a european list of ship recycling facilities fulfilling the requirements set out in this regulation would contribute to that objective as well as to better enforcement by facilitating the flag states’ control of ships going for recycling . those requirements for ship recycling facilities should be based on the requirements of the hong kong convention .


### a list of the waste present on board the ship , including waste generated during the operation of the ship ; ### a list of the operationally generated waste present on board the ship ;


### the initial survey shall be conducted before the ship is put in service , or before the inventory certificate is issued . the officers carrying out that survey shall verify that part i of the inventory of hazardous materials complies with the requirements of this regulation . ### the initial survey of a new vessel shall be conducted before the ship is put in service . for existing vessels , an initial survey shall be conducted within five years of entry into force of this regulation . the officers carrying out that survey shall verify that part i of the inventory of hazardous materials complies with the requirements of this regulation .


### in order to be included in the european list , a ship recycling facility shall comply with the following requirements : ### in order to be included in the european list , a ship recycling facility shall comply with the following requirements , taking into consideration relevant imo , ilo and other international guidelines :


### in order to be included in the european list , a ship recycling facility shall comply with the following requirements : ### in order to be included in the european list , a ship recycling facility shall comply with the following requirements , also taking into account international guidelines such as imo and others :


### in order to ensure uniform conditions for the implementation of the provisions of regulation no 1100 / 2007 concerning the approval of eel management plans by the commission on the basis of technical and scientific data , implementing powers should be conferred upon the commission . those powers should be exercised in accordance with regulation no 182 / 2011 of the european parliament and of the council of 16 february 2011 laying down the rules and general principles concerning mechanisms for control by member states of the commission’s exercise of implementing powers . ### in order to ensure uniform conditions for the implementation of the provisions of regulation no 1100 / 2007 concerning the approval of eel management plans by the commission on the basis of the best and most recent technical and scientific information available , implementing powers should be conferred upon the commission . those powers should be exercised in accordance with regulation no 182 / 2011 of the european parliament and of the council of 16 february 2011 laying down the rules and general principles concerning mechanisms for control by member states of the commission’s exercise of implementing powers .


### this regulation shall enter into force on the 20th day following that of its publications in the official journal of the european union . ### this regulation shall enter into force on the 20th day following that of its publications in the official journal of the european union . it shall be consolidated with the regulation it is amending within one month of entering into force .


### this directive aims at approximating the laws , regulations and administrative provisions of the member states related to the accessibility of the content of public sector bodies ' websites to all users , in particular people with functional limitations , including persons with disabilities . ### this directive aims at approximating the laws , regulations and administrative provisions of the member states related to the accessibility of the content , including audiovisual content , of public sector bodies ' websites to all users , including persons with disabilities and elderly people .


### this report shall also cover the actions conducted pursuant to article 6 . ### this report needs to be published and shall also cover the actions conducted pursuant to article 6 .


### it is appropriate to supplement the multilateral surveillance referred to in article 121 and of the treaty with specific rules for detection , prevention and correction of macroeconomic imbalances . the procedure should be embedded in the annual multilateral surveillance cycle . ### it is appropriate to supplement the multilateral surveillance referred to in article 121 and of the treaty with specific rules for detection , prevention and correction of macroeconomic imbalances . it is essential that the procedure should be embedded in the annual multilateral surveillance cycle .


### in order to alleviate those problems and to speed up the implementation of the operational programmes and projects , as well as to strengthen the economic recovery , it is appropriate that the managing authorities of the member states having experienced serious difficulties with respect to financial stability and which have been granted financial assistance according to one of the financial assistance mechanisms set out above may contribute financial resources from operational programmes to the establishment of risk sharing instruments providing loans or guarantees or other financial facilities , in support of projects and operations foreseen under an operational programme . ### in order to alleviate those problems and to speed up the implementation of the operational programmes and projects , as well as to strengthen the economic recovery , it is appropriate that the managing authorities of all member states may contribute financial resources from operational programmes to the establishment of risk sharing instruments providing loans or guarantees or other financial facilities , in support of projects and operations foreseen under an operational programme .


### any amount left - over after the completion of an operation covered by the risk sharing instrument may be reused , at the request of the member sate concerned , within the risk - sharing instrument , if the member state still meets one of the conditions set out as specified in article 77 . if the member state no longer meets those conditions , the amount left - over shall be considered as assigned revenue within the meaning of article 18 of the financial regulation . at the request of the member state concerned , additional commitment appropriations generated by this assigned revenue shall be added the following year to the cohesion policy financial allocation of the member state concerned . ### any amount left - over after the completion of an operation covered by the risk sharing instrument may be reused , at the request of the member sate concerned , within the risk - sharing instrument , if the member state still meets one of the conditions set out as specified in article 77 . if the member state no longer meets those conditions , the amount left - over shall be considered as assigned revenue within the meaning of article 18 of the financial regulation . at the request of the member state concerned , additional commitment appropriations generated by this assigned revenue shall be added the following year to the cohesion policy financial allocation of the member state concerned . the amount left over on 31 december 2013 shall be transferred to the budget of the european union .


### a framework for delivering macro - financial assistance to third countries with which the union has important political , economic and commercial ties should make the assistance more effective . in particular , it should be possible to provide macro - financial assistance to third countries to encourage them to adopt economic policy measures likely to solve a balance of payments crisis . ### a framework for delivering macro - financial assistance to candidate , potential candidate and neighbourhood countries , and third countries in exceptional and duly justified cases , should make the assistance more effective . in particular , it should be possible to provide macro - financial assistance to these countries to encourage them to adopt economic policy measures likely to solve a balance of payments crisis .


### the amount of the assistance shall be based on the residual external financing needs of the beneficiary country . these shall be established by the commission in cooperation with international financial institutions , based on a comprehensive and well documented quantitative assessment . in particular , the commission will draw on the latest balance of payments projections for the country in question produced by the imf and take into account the expected financial contributions from multilateral donors . ### the amount of the assistance shall be based on the residual external financing needs of the beneficiary country . these shall be established by the commission in cooperation with international financial institutions and the eeas , based on a comprehensive and well documented quantitative assessment . in particular , the commission will draw on the latest balance of payments projections for the country in question produced by the imf and take into account the expected financial contributions from multilateral donors .


### a pre - condition for granting macro - financial assistance shall be that the recipient country respects effective democratic mechanisms , including multi - party parliamentary systems , the rule of law and respect for human rights . ### a pre - condition for granting macro - financial assistance shall be that the recipient country respects effective democratic mechanisms , including multi - party parliamentary systems , the rule of law and respect for human rights . this assessment shall be entrusted to the eeas in cooperation with the commission and shall take into consideration the resolutions and reports adopted by the european parliament concerning beneficiary countries . the assessment&#160 ; can identify policy recommendations as regards the strengthening of democratic institutions , human rights , transparency and fight against corruption . with a view to protecting the union ' s democratic values and interests and reinforcing beneficiary countries ' respect to fundamental rights , the memorandum of understanding shall include country specific measures that are consistent with the union ' s external policies aimed at strengthening the rule of law , human and labour rights , transparency and combating corruption .


### following the approval of the decision granting macro - financial assistance , the commission , acting in accordance with article 14 , shall agree the policy measures referred to in article 6 , , and with the beneficiary country . ### following the approval of the decision granting macro - financial assistance , the commission shall be empowered to adopt delegated acts in accordance with article 14a to agree the policy measures referred to in article 6 , , and with the beneficiary country .


### the commission shall inform the european parliament and the council of developments in country - specific assistance and provide them with the relevant documents . ### the commission and the eeas shall inform regularly and / or upon request the european parliament and the council of developments in country - specific assistance and shall ensure a simultaneous and timely transmission of the relevant documents .


### beneficiary countries shall regularly check that financing provided from the budget of the union has been properly used , take appropriate measures to prevent irregularities and fraud , and , if necessary , take legal action to recover any funds provided under this regulation that have been misappropriated . ### beneficiary countries shall ensure that financing provided from the budget of the union has been properly used , take appropriate measures to prevent irregularities and fraud , and , if necessary , take legal action to recover any funds provided under this regulation that have been misappropriated .


### draft legislative resolution ### recalls its resolution of 8 june 2011 on ' investing in the future : a new multiannual financial framework for a competitive , sustainable and inclusive europe ' 1 ; reiterates that sufficient additional resources are needed in the next mff in order to enable the union to fulfil its existing policy priorities and the new tasks provided for in the treaty of lisbon , as well as to respond to unforeseen events ; challenges the council , if it does not share this approach , to clearly identify which of its political priorities or projects could be dropped altogether , despite their proven european added value ; __________ 1 texts adopted , p7_ta0266 .


### draft legislative resolution ### emphasises that , in view of the tasks already identified and concluded by the union , the commission needs to reflect those policy priorities in a foresighted and adequate manner in the proposal ;


### draft legislative resolution ### reiterates that the lisbon treaty provides for delegated acts only as non - legislative acts of general application relating to non - essential elements of a legislative act ; therefore upholds its criticism of the widespread use of delegated acts and insists that any essential element must be laid down in the legislative act in question ;


### to ensure an adequate framework for providing rapidly emergency assistance , this regulation should allow support for actions the expenditure of which was incurred before the application for such assistance was made , in accordance with the provision in the financial regulation1which allows such flexibility in duly substantiated exceptional cases . 1 triennial revision of the financial regulation - commission proposal com0260 . ### to ensure an adequate framework for providing rapidly emergency assistance , this regulation should allow support for actions the expenditure of which was incurred before the application for such assistance was made , in accordance with the provision in the financial regulation1 which allows such flexibility in duly substantiated exceptional cases . 1 regulation on the financial rules applicable to the annual budget of the union 815 final of 22 . 12 . 2010 ) .


### the triennial revision of the financial regulation1 introduces changes in the shared management principles which have to be taken into account . 1 triennial revision of the financial regulation - commission proposal com0260 . ### the triennial revision of the financial regulation1 introduces changes in the shared management method which have to be taken into account . 1 regulation on the financial rules applicable to the annual budget of the union 815 final of 22 . 12 . 2010 ) .


### the specific regulations shall provide support , through national programmes , union actions and emergency assistance , which complements national , regional and local intervention , pursuing the objectives of the union . ### the specific regulations shall provide support , through national programmes , union actions and emergency assistance , which complements national , regional and local intervention , pursuing the objectives of the union , and creating an eu added value .


### the commission shall take appropriate measures ensuring that , when actions financed under the specific regulations are implemented , the financial interests of the european union are protected by the application of preventive measures against fraud , corruption and any other illegal activities , by effective controls and , if irregularities are detected , by the recovery of the amounts wrongly paid and , where appropriate , by effective , proportionate and deterrent penalties . ### the commission shall take appropriate measures ensuring that , when actions financed under the specific regulations are implemented , the financial interests of the european union are protected by the application of preventive measures against fraud , corruption and any other illegal activities , by effective controls and , if irregularities are detected , by the recovery of the amounts wrongly paid and , where appropriate , by effective , proportionate and deterrent penalties . without prejudice to paragraph 3 , where the administrative requirements for the adequate implementation are not in place , the commission shall take the appropriate measures to assist the member state in establishing the necessary administrative structures .


### member states shall offer effective prevention against fraud , especially as regards the areas with a higher level of risk , and which shall act as a deterrent , having regard to the benefits as well as the proportionality of the measures . ### member states shall offer effective prevention against fraud , especially as regards the areas with a higher level of risk , and which shall act as a deterrent , having regard to the benefits as well as the proportionality of the measures . this may include unannounced on - the - spot controls and inspections .


### union actions , emergency assistance and technical assistance at the initiative of the commission may be implemented - directly , by the commission or through executive agencies ; - indirectly , by entities and persons other than member states in accordance with article [ 57 ] of the financial regulation . ### union actions , emergency assistance and technical assistance at the initiative of the commission may be implemented - directly , by the commission or through executive agencies ; - indirectly , by entities and persons other than member states in accordance with article [ 57 ] of the financial regulation . the commission remains responsible for the implementation of the union budget in accordance with article 317 tfeu and shall inform the european parliament and the council on the operations carried out by the entities under the second indent .


### within the limits of the available resources , the emergency assistance may amount to 100% of the eligible expenditure . ### within the limits of the available resources and by way of derogation from article 16 , the emergency assistance may amount to more than 90% but not constitute 100% of the eligible expenditure .


### to launch the programming period , the commission and each member state shall have a policy dialogue on the national requirements and the contribution that the union budget could provide to achieving these requirements , bearing in mind the base line situation in the member state concerned and the objectives of the specific regulations . the policy dialogue shall result in the conclusion of agreed minutes or an exchange of letters which shall identify the specific needs and priorities of the member state concerned and serve as the framework for the preparation of the national programmes . in case of actions to be implemented in and in relation to third countries , such actions shall not be directly development oriented and the policy dialogue shall seek full coherence with the principles and general objectives of the union external action and foreign policy as regards the country or region concerned . ### to launch the programming period , the commission and each member state shall have a policy dialogue on the national requirements and the contribution that the union budget could provide to achieving these requirements , bearing in mind the base line situation in the member state concerned and the objectives of the specific regulations . the policy dialogue shall result in the conclusion of agreed minutes or an exchange of letters which shall identify the specific needs and priorities of the member state concerned and serve as the framework for the preparation of the national programmes . in order to ensure the necessary eu added value , the policy dialogue shall involve an adequate consultation of the competent union agencies and serve as an opportunity for an exchange of views on union actions . in case of actions to be implemented in and in relation to third countries , such actions shall not be directly development oriented and the policy dialogue shall seek full coherence with the principles and general objectives of the union external action and foreign policy as regards the country or region concerned .


### member states shall fulfil the management , control and audit obligations and assume the resulting responsibilities laid down in the rules on shared management set out in the financial regulation and this regulation . in accordance with the principle of shared management , member states shall be responsible for the management and control of national programmes . ### member states shall fulfil the management , control and audit obligations and assume the resulting responsibilities laid down in the rules on shared management set out in the financial regulation . in accordance with the method of shared management , member states shall be responsible for the management and control of national programmes and the commission remains responsible for the implementation of the union budget in accordance with article 317 tfeu .


### payments shall take the form of initial pre - financing , payments of the annual balance and the payment of the final balance . ### payments shall take the form of initial pre - financing , annual pre - financing , payments of the annual balance and the payment of the final balance .


### initial pre - financing arrangements ### initial and annual pre - financing arrangements


### following the commission decision approving the national programme , an initial pre - financing amount for the whole programming period shall be paid by the commission . this shall represent 4% of the contribution from the union budget to the national programme concerned . it may be split into two instalments depending on budget availability . ### following the commission decision approving the national programme , an initial pre - financing amount for the whole programming period shall be paid by the commission . this shall represent 4% of the contribution from the union budget to the national programme concerned . it may be split into two instalments depending on budget availability within 6 months .


### if a national programme is approved in 2015 or later , the instalments shall be paid in the year of approval . ### following the first year of entry into force of the multi - annual financial framework , the instalments shall be paid not later than two months after the approval of the national programme depending on budget availability and provided that the necessary administrative structures are in place .


### national programmes shall be submitted to a decommitment procedure established on the basis that amounts linked to a commitment which are not covered by the initial pre - financing referred to in article 33 or a request for payment in accordance with article 39 by 31 december of the second year following that of the budget commitment shall be decommitted . ### national programmes shall be submitted to a decommitment procedure established on the basis that amounts linked to a commitment which are not covered by the initial pre - financing referred to in article 33 or a request for payment in accordance with article 39 by 31 december of the second year following that of the budget commitment shall be decommitted . for the purposes of the decommitment , the commission shall calculate the amount by adding one sixth of the annual budget commitment related to the 2014 total annual contribution to each of the 2015 to 2020 budget commitments .


### there is strong evidence showing the effectiveness of rules - based fiscal frameworks in supporting sound and sustainable fiscal policies . the introduction of national fiscal rules that are consistent with the budgetary objectives set at union level should be a crucial element to ensure the respect of the stability and growth pact provisions . in particular , member states should put in place structural balanced budget rules which transpose into national legislation the main principles of the union fiscal framework . this transposition should be effective through binding rules preferably of a constitutional nature so as to demonstrate the strongest commitment of national authorities in relation to the stability and growth pact . ### there is strong evidence showing the effectiveness of rules - based fiscal frameworks in supporting sound and sustainable fiscal policies . the introduction of national fiscal rules that are consistent with the budgetary , employment and sustainable growth objectives set at union level should be a crucial element to ensure the respect of the stability and growth pact provisions . in particular , member states should put in place structural balanced budget rules which transpose into national legislation the main principles of the union fiscal framework . this transposition should be effective through binding rules preferably of a constitutional nature so as to demonstrate the strongest commitment of national authorities in relation to the stability and growth pact .


### biased and unrealistic macroeconomic and budgetary forecasts can considerably hamper the effectiveness of budgetary planning and consequently impair commitment to budgetary discipline . forecasts from independent bodies can provide unbiased and realistic macroeconomic forecasts . ### biased and unrealistic macroeconomic and budgetary forecasts hamper considerably the effectiveness of budgetary planning and consequently impair commitment to budgetary discipline . forecasts from independent bodies can provide unbiased and realistic macroeconomic forecasts .


### member states shall make public annually their medium - term fiscal plans in accordance with their medium - term budgetary framework based on independent macroeconomic forecast together with their stability programmes , no later than 15 april . ### member states shall make public annually their medium - term fiscal and economic investment plans in accordance with their medium - term budgetary framework based on independent macroeconomic forecast together with their stability programmes , no later than 15 april .


### the main assumptions about expected economic developments and important economic variables which are relevant to the achievement of the budgetary targets . these assumptions shall be based on independent macroeconomic growth forecast ; ### the main assumptions about expected economic and social developments and important economic and social variables which are relevant to the achievement of the budgetary targets . these assumptions shall be based on independent macroeconomic growth forecast ;


### where the commission identifies particularly serious non - compliance with the budgetary policy obligations laid down in the stability and growth pact , it shall , within two weeks from the submission of the draft budgetary plan , request a revised draft budgetary plan from the member state concerned . this request shall be made public . ### where the commission identifies particularly serious non - compliance with the budgetary policy obligations laid down in the stability and growth pact , it shall , within two weeks from the submission of the draft budgetary plan , request a revised draft budgetary plan from the member state concerned . the commission shall make public its request and the reply of the member state concerned .


### 4 , . the eurogroup shall discuss opinions of the commission on the national budgetary plans and the budgetary situation and prospects in the euro area as a whole on the basis of the overall assessment made by the commission in accordance with paragraph 3 . the assessment shall be made public . ### the eurogroup shall discuss opinions of the commission on the national budgetary plans and the budgetary situation and prospects in the euro area as a whole on the basis of the overall assessment made by the commission in accordance with paragraph 3 . the eurogroup may make recommendations to the council . the assessment shall be made public .


### member state shall report regularly to the commission and to the economic and financial committee or any sub - committee it will designate for that purpose , for the general government and its sub - sectors , the in - year budgetary execution , the budgetary impact of discretionary measures taken on both the expenditure and the revenue side , targets for the government expenditure and revenues , as well as information on the measures adopted and the nature of those envisaged to achieve the targets . the report shall be made public . ### member state shall report regularly to the commission and to the economic and financial committee or any sub - committee it will designate for that purpose , for the general government and its sub - sectors , the in - year budgetary execution , the budgetary and social impact of discretionary measures taken on both the expenditure and the revenue side , targets for the government expenditure and revenues , as well as information on the measures adopted and the nature of those envisaged to achieve the targets . the report shall be made public .


### member state shall report regularly to the commission and to the economic and financial committee or any sub - committee it will designate for that purpose , for the general government and its sub - sectors , the in - year budgetary execution , the budgetary impact of discretionary measures taken on both the expenditure and the revenue side , targets for the government expenditure and revenues , as well as information on the measures adopted and the nature of those envisaged to achieve the targets . the report shall be made public . ### member state shall report regularly to the commission and to the economic and financial committee or any sub - committee it will designate for that purpose , for the general government and its sub - sectors , the in - year budgetary execution , the budgetary impact of discretionary measures taken on the expenditure and the revenue side , macroeconomic development including employment , targets for the government expenditure and revenues , as well as information on the measures adopted and the nature of those envisaged to achieve the targets . the report shall be made public .


### before 31 march each year , adopt the agency’s annual activity report for the previous year and transmit it by 15 june at the latest to the european parliament , the council , the commission , the european economic and social committee and the court of auditors ; the annual activity report shall be published ; ### before 31 march each year , adopt the agency’s annual activity report for the previous year and transmit it by 15 june at the latest to the european parliament , the council , the commission , the european economic and social committee , the court of auditors and the european data protection supervisor ; the annual activity report shall be published ;


### before appointment , the candidate selected by the management board may be invited to make a statement before the competent committee of the european parliament and answer questions from its / their members . ### before appointment , the candidate selected by the management board shall be invited to make a statement before the competent committee of the european parliament and answer questions from its / their members . if the european parliament has adopted an opinion setting out its view of the selected candidate , the management board shall inform the european parliament of the manner in which its opinion has been taken into account . the opinion shall be treated as personal and confidential until the appointment of the candidate concerned .


### headquarters agreement ### headquarters agreement and operating conditions


### evaluation ### evaluation and review


### the evaluation shall assess the utility , relevance and effectiveness of the agency and its working practices . the evaluation shall take into account the views of stakeholders , at both european and national level . ### the evaluation shall assess the utility , relevance and effectiveness of the agency and its working practices . that evaluation shall also look at whether the management structure is appropriate for carrying out the agency ' s tasks . the evaluation shall take into account the views of stakeholders , at both european and national level .


### its draft work programme ; ### its draft annual work programme ;


### having regard to the treaty on the functioning of the european union , and in particular article 43 , article 74 and 77 , article 91 and 100 , article 173 , article 175 article 188 , article 192 , article 194 and article 195 thereof , ### having regard to the treaty on the functioning of the european union , and in particular article 43 , article 91 and 100 , article 173 , article 175 article 188 , article 192 , article 194 and article 195 thereof ,


### the commission communication on an integrated maritime policy for the european union - com 575 of 10 october 2007 , states that the primary objective of the integrated maritime policy is to develop and implement integrated , coherent and joined - up decision - making in relation to the oceans , seas , coastal regions and maritime sectors . ### the commission communication on an integrated maritime policy for the european union - com 575 of 10 october 2007 , states that the primary objective of the integrated maritime policy is to develop and implement integrated , coherent and joined - up decision - making in relation to the oceans , seas , coastal regions , islands and maritime sectors .


### commission proposal the commission communication on an integrated maritime policy for the european union &#8211 ; com 575 of 10 october 2007 , states that the primary objective of the integrated maritime policy is to develop and implement integrated , coherent and joined - up decision - making in relation to the oceans , seas , coastal regions and maritime sectors . ### the commission communication on an integrated maritime policy for the european union &#8211 ; com 575 of 10 october 2007 , states that the primary objective of the integrated maritime policy is to develop and implement coordinated and coherent decision - making in relation to the oceans , seas , insular and coastal regions and maritime sectors .


### union funding should be designed to support exploratory work on actions which aim to promote the strategic objectives of the integrated maritime policy , including the integrated maritime governance at all levels , the further development and implementation of integrated sea - basin strategies tailored to the specific needs of europe ' s different sea basins , the definition of the boundaries of sustainability of human activities in the framework of the marine strategy framework directive , which constitutes the environmental pillar of the integrated maritime policy , paying due attention to their cumulative impacts , on the basis of the ecosystem approach , the further involvement of stakeholders in integrated maritime governance schemes , the further development of cross - cutting tools for integrated policy - making , the promotion of the international dimension of the integrated maritime policy , and sustainable economic growth , employment , innovation and competitiveness . ### union funding should be designed to support exploratory work on actions which aim to promote the strategic objectives of the integrated maritime policy , including the integrated maritime governance at all levels , the further development and implementation of integrated sea - basin strategies tailored to the specific needs of europe ' s different sea basins , the definition of the boundaries of sustainability of human activities in the framework of directive 2000 / 60 / ec of the european parliament and of the council of 23 october 2000 establishing a framework for community action in the field of water policy* , and directive 2008 / 56 / ec of the european parliament and of the council of 17 june 2008 establishing a framework for community action in the field of marine environmental policy ** , which constitute the environmental pillar of the integrated maritime policy , paying due attention to their cumulative impacts , on the basis of the ecosystem approach , the further involvement of stakeholders in integrated maritime governance schemes , the further development of cross - cutting tools for integrated policy - making , the promotion of the international dimension of the integrated maritime policy , and sustainable economic growth , employment , innovation and competitiveness . * oj l 327 , 22 . 12 . 2000 , p . 1 . ** oj l 164 , 25 . 6 . 2008 , p . 19 .


### commission proposal union funding should be designed to support exploratory work on actions which aim to promote the strategic objectives of the integrated maritime policy , including the integrated maritime governance at all levels , the further development and implementation of integrated sea - basin strategies tailored to the specific needs of europe’s different sea basins , the definition of the boundaries of sustainability of human activities in the framework of the marine strategy framework directive , which constitutes the environmental pillar of the integrated maritime policy , paying due attention to their cumulative impacts , on the basis of the ecosystem approach , the further involvement of stakeholders in integrated maritime governance schemes , the further development of cross - cutting tools for integrated policy - making , the promotion of the international dimension of the integrated maritime policy , and sustainable economic growth , employment , innovation and competitiveness . ### union funding should be designed to support exploratory work on actions which aim to promote the strategic objectives of the integrated maritime policy , including the integrated maritime governance at all levels , the further development and implementation of integrated sea - basin strategies tailored to the specific needs of europe’s different sea basins , the further development of cross - cutting tools for integrated policy - making , the protection and sustainable use of marine and coastal resources and the definition of the boundaries of sustainability of human activities in the framework of the marine strategy framework directive , which constitutes the environmental pillar of the integrated maritime policy , paying due attention to their cumulative impacts , on the basis of the ecosystem approach , the further involvement of stakeholders in integrated maritime governance schemes , the further development of cross - cutting tools for integrated policy - making , the promotion of the international dimension of the integrated maritime policy , and sustainable economic growth , employment , innovation and competitiveness .


### commission proposal implementation of the programme in third countries should contribute to the development objectives of the beneficiary country and be consistent with other cooperation instruments of the eu , including objectives and priorities of the relevant eu policies . ### implementation of the programme in third countries should contribute to the development objectives of the beneficiary country and be consistent with other cooperation instruments of the eu , including objectives and priorities of the relevant eu policies . the programme should support international maritime governance based on the rule of law through the promotion of global accession to the united nations convention on the law of the sea in conformity with the union’s commitment to that convention .


### commission proposal ### in order to take account of unforeseen developments and to provide for a detailed but flexible framework for implementation , the commission should be empowered to adopt delegated acts in accordance with article 290 tfeu . in particular , delegated acts may be necessary in order to update the operational objectives and to adopt the work programmes established pursuant to this regulation . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level . the commission , when preparing and drawing up delegated acts , should ensure simultaneous , timely and appropriate transmission of relevant documents to the european parliament and the council .


### to foster the development and implementation of integrated governance of maritime and coastal affairs and integrated sea basin strategies ; ### to foster the sustainable development and implementation of integrated governance of the imp ;


### to contribute to the development of tools that cut across sea or coast - related sectoral policies ; ### to contribute to the creation / development of tools that cut across sea or coast - related sectoral policies and are of significance for sustainable growth , innovation and employment , environmental monitoring , maritime safety and food and energy supplies ;


### to further define the boundaries of sustainability of human activities that have an impact on the marine environment , in the framework of the marine strategy framework directive ; ### to further define the boundaries of sustainability of human activities that have an impact on the marine environment and marine pollution , in the framework of the water framework directive and the marine strategy framework directive ;


### stimulate and reinforce dialogue and cooperation with and among stakeholders on cross - cutting issues related to integrated maritime policy ; ### stimulate and reinforce dialogue and cooperation with and among stakeholders at all levels of governance , as well as with civil society and representatives of professions related to the sea on cross - cutting issues related to integrated maritime policy ;


### within the objectives set out in article 2 the programme shall aim to : encourage member states or regions to develop or introduce integrated maritime governance ; stimulate and reinforce dialogue and cooperation with and among stakeholders on cross - cutting issues related to integrated maritime policy ; facilitate the exploitation of synergies , sharing of information and exchange of best practices on maritime policy , including its governance and sectoral policies that have an impact on regional seas and coastal regions or promote the establishing cross - sectoral cooperation platforms and networks , including interests from industry , research stakeholders , regions , public authorities and ngos ; facilitate the development of common methods and approaches ; ### within the objectives set out in article 2 the programme should : concerning the integrated governance of maritime policy : encourage member states and regions to develop or introduce integrated maritime governance ; stimulate and reinforce dialogue and cooperation with and among stakeholders on cross - cutting issues related to integrated maritime policy ; facilitate the exploitation of synergies , sharing of information and exchange of best practices on maritime policy , including its governance and sectoral policies that have an impact on regional seas and coastal regions ; promote the establishing cross - sectoral cooperation platforms and networks , including representatives of industries related to maritime activities , research stakeholders , regions , public authorities , civil society representatives and ngos promote measures to raise awareness and consciousness of the multifaceted importance of the oceans .


### within the objective set out in article 2 , the programme shall aim to foster the development of : ### concerning the establishment of synergies for multidisciplinary action and the creation of multisectoral policies :


### a common information sharing environment for the eu maritime domain which promotes cross - sectoral and cross - border surveillance activities and reinforces the safe and secure use of marine space , taking into account the relevant developments of sectoral policies as regards surveillance and contributing , as appropriate , to their necessary evolutions ; ### a common information sharing environment for the eu maritime domain which promotes cross - sectoral and cross - border surveillance activities and reinforces the safe and secure use of marine space , taking into account the relevant developments of sectoral policies as regards surveillance and contributing , as appropriate , to their necessary evolutions , including through the creation of a european coastguard service ;


### a common information sharing environment for the eu maritime domain which promotes cross - sectoral and cross - border surveillance activities and reinforces the safe and secure use of marine space , taking into account the relevant developments of sectoral policies as regards surveillance and contributing , as appropriate , to their necessary evolutions ; ### guarantee a common information sharing environment for the eu maritime domain which promotes cross - sectoral and cross - border surveillance activities and reinforce the safe and secure use of marine space , taking into account the relevant developments of sectoral policies as regards surveillance and contributing , as appropriate , to their necessary evolutions ;


### maritime spatial planning and integrated coastal zone management , both of which provide a fundamental tool for eco - system based management and sustainable development of marine areas and coastal regions ; ### maritime spatial planning , integrated coastal zone management and the development of land - sea links , which provide a fundamental tool for eco - system based management and sustainable development of marine areas and coastal regions ;


### maritime spatial planning and integrated coastal zone management , both of which provide a fundamental tool for eco - system based management and sustainable development of marine areas and coastal regions ; ### implement maritime spatial planning and integrated coastal zone management , both of which provide a fundamental tool for eco - system based management and sustainable development of marine areas and coastal regions ;


### a comprehensive and publicly accessible marine data and knowledge base of high quality which facilitates sharing , re - use and dissemination of these data among various user groups and ensures visualisation of maritime information through web - based tools ; ### create / develop a comprehensive and publicly accessible marine data and knowledge base of high quality which facilitates sharing , re - use and dissemination of these data among various user groups , avoiding duplication of information and , wherever possible , using programmes already developed for the purpose , such as inspire – infrastructure for spatial information in the european community and gmes – global monitoring for environmental and security initiative ;


### within the objective set out in article 2 and complementing the sectoral policies , the programme shall aim to improve and enhance cooperation for integrated cross - sectoral actions with : ### concerning the implementation of the framework directive on marine strategy :


### third countries including those bordering a european sea basin , ### define the limits of sustainable action for human activity impacting on the marine environment ;


### actors in third countries , ### integrate and coordinate actions promoting the use of less polluting technologies .


### the specific objectives set out in paragraph 3 shall be pursued in accordance with the specific objectives set out in paragraphs 1 and 2 and in coherence with the cooperation instruments of the eu , taking into account the objectives of the national and regional development strategies . ### concerning the mapping of the european maritime area and the management of maritime basins : promote the creation of an atlas of the european maritime area , defining the maritime activities realised in the various european maritime regions and indicating potential conflicts of interest in the use of those areas ; support the development of maritime management strategies based on a regionalised approach to the oceans , i . e . one in line with the particularities and characteristics of the different maritime basins ; create synergies between local authorities , national authorities and the eu in order to ensure the optimal management of the union’s different maritime and coastal areas while averting conflicts of interest .


### studies and cooperative programmes ; ### projects , including pilot projects , studies and cooperative programmes , as well as actions relating to across - the - board instruments ;


### commission proposal public information and best practice sharing , awareness raising and associated communication and dissemination activities , including publicity campaigns , and events and the development and maintenance of websites ; ### public information and best practice sharing , awareness raising and associated communication and dissemination activities , including publicity campaigns , and events and the development and maintenance of websites and relevant social networks ;


### the commission shall implement the programme in accordance the financial regulation . ### the programme shall be implemented in accordance with the financial regulation .


### commission proposal 2 . to implement the programme , the commission shall , in accordance with objectives set out in articles 2 and 3 , adopt annual work programmes in accordance with the procedure referred to in article 13 . ### as a framework for the implementation of the programme , the commission shall , in accordance with objectives set out in articles 2 and 3 , adopt one or several work programmes for appropriate periods by means of delegated acts in accordance with article 13 and subject to the conditions of articles 13a and 13b .


### commission proposal the priorities of the year , the objectives to be fulfilled and the foreseen results with the appropriations authorised for the financial year ; ### the priorities of the period , the objectives to be fulfilled and the foreseen results with the appropriations authorised for every financial year ;


### commission proposal 4 . in respect of public procurement contracts , the annual programme shall set out in detail : ### in respect of public procurement contracts , the work programmes shall set out in detail :


### the budgetary resources allocated to the programme shall be entered in the annual appropriations of the general budget of the european union . the available annual appropriations shall be authorised by the budgetary authority within the limits of the financial framework . ### the budgetary resources allocated to the programme shall be entered in the annual appropriations of the general budget of the european union . the available annual appropriations shall be authorised by the budgetary authority within the limits of the financial framework , specifically on the basis of the designated ‘ margin’ referred to in heading 2 .


### evaluation ### reporting and evaluation


### the commission shall submit to the european parliament and the council an ex - post evaluation report no later than 31 december 2014 . ### the european parliament and the council shall be regularly and promptly informed about the commission ' s work . the commission shall submit to the european parliament and the council : a progress report no later than 31 december 2012 ; an ex - post evaluation report no later than 31 december 2014 .


### the commission shall submit to the european parliament and the council an ex - post evaluation report no later than 31 december 2014 . ### the commission shall submit an annual evaluation report to the european parliament and the council .


### commission proposal advisory committee ### exercise of the delegation


### commission proposal the commission shall be assisted by an advisory committee in establishing the annual work programmes foreseen in article 7 . ### the power to adopt delegated acts referred to in article 3 and in article 7 shall be conferred on the commission for the period referred to in article 8 .


### commission proposal 2 . where reference is made to this paragraph , article 3 and article 7 of decision 1999 / 468 / ec shall apply , having regard to the provisions of article 8 thereof . ### as soon as it adopts a delegated act , the commission shall notify it simultaneously to the european parliament and to the council .


### commission proposal ### the power to adopt delegated acts is conferred on the commission subject to the conditions laid down in articles 13a and 13b .


### commission proposal ### article 13b objections to delegated acts the european parliament or the council may object to a delegated act within a period of two months from the date of notification . at the initiative of the european parliament or the council that period shall be extended by two months . 2 . if , on expiry of the period referred to in paragraph 1 , neither the european parliament nor the council has objected to the delegated act , it shall be published in the official journal of the european union and shall enter into force on the date stated therein . the delegated act may be published in the official journal of the european union and enter into force before the expiry of that period if the european parliament and the council have both informed the commission of their intention not to raise objections . 3 . if either the european parliament or the council objects to the delegated act within the period referred to in paragraph 1 , it shall not enter into force . in accordance with article 296 of the treaty on the functioning of the european union , the institution which objects shall state the reasons for objecting to the delegated act .


### the priority area climate change mitigation should contribute to the development and implementation of union climate - related policy and legislation , in particular with regard to greenhouse gas monitoring and reporting , policies related to land use , land use change and forestry , emissions trading system , member states ' effort to reduce greenhouse gas emissions , carbon capture and storage , renewable energy , energy efficiency , transport and fuels , ozone layer protection and fluorinated gases . ### the priority area climate change mitigation should contribute to the development and implementation of union climate - related policy and legislation , in particular with regard to greenhouse gas monitoring and reporting , policies related to land use , land use change and forestry , emissions trading system , member states ' effort to reduce greenhouse gas emissions , carbon capture and storage , renewable energy in urban , agricultural , mountainous or remote areas , waste recovery and biogas production , energy efficiency , public lighting , transport and fuels , in particular third - generation fuels , ozone layer protection and fluorinated gases .


### the experience of past instruments has highlighted the need to program on a multi - annual basis and to focus efforts on concrete environmental and climate policy priorities and areas for action . such multiannual work programmes should be flexible to achieve the life programme targets and objectives , while providing the necessary stability of priority areas for potential applicants to plan , prepare and submit proposals . in this view , those multiannual work programmes should be valid for at least two years with non - exhaustive priorities . ### the experience of past instruments has highlighted the need to program on a multi - annual basis and to focus efforts on concrete environmental and climate policy priorities and areas for action . such multiannual work programmes should be flexible to achieve the life programme targets and objectives , while providing the necessary stability of priority areas for potential applicants to plan , prepare and submit proposals . in this view , those multiannual work programmes should be valid for at least three years with non - exhaustive priorities .


### in order to secure the best possible use of union funds and to ensure european added value , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission in respect of eligibility criteria for project selection , criteria for the application of geographical balance to ‘ integrated projects’ , and performance indicators applicable to specific thematic priorities . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level . the commission , when preparing and drawing up delegated acts , should ensure a simultaneous , timely and appropriate transmission of relevant documents to the european parliament and to the council . ### in order to secure the best possible evaluation of the use of union funds , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission in respect of performance indicators applicable to specific thematic priorities . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level . the commission , when preparing and drawing up delegated acts , should ensure a simultaneous , timely and appropriate transmission of relevant documents to the european parliament and to the council .


### ‘ integrated projects’ mean projects implementing in a sustainable manner , on a large territorial scale , in particular , regional , multi - regional or national scale , environmental or climate strategies or action plans required by specific environmental or climate union legislation , pursuant to other union acts or developed by member states ' authorities ; ### ' integrated projects ' mean projects implementing in a sustainable manner , taking into account environmental and climate union legislation and policy , primarily in the areas of nature , water , waste , air and climate change mitigation and adaptation , on a large territorial scale , in particular , regional , multi - regional , national or trans - national scale , environmental or climate strategies or action plans required by specific environmental or climate union legislation , pursuant to other union acts or developed by member states ' authorities . integrated projects aim at promoting coordination with and mobilisation of other relevant union funding sources ;


### attributable environmental and climate improvements , as regards the objective referred to in point of paragraph 1 . in relation to the objective to contribute to halting and reversing biodiversity loss , attributable environmental improvements shall be measured through the percentage of the natura2000 network restored or brought to adequate management , surface of ecosystem services restored , and number and type of habitats and species targeted improving conservation status ; ### attributable environmental and climate improvements , as regards the objective referred to in point of paragraph 1 . in relation to the objective to contribute to halting and reversing biodiversity loss , attributable environmental improvements shall be measured through the percentage of the natura2000 network restored or brought to adequate management , surface of ecosystem services restored or re - established , and number and type of habitats and species targeted improving conservation status ;


### the commission shall be empowered to adopt delegated acts in accordance with article 30 concerning the performance indicators in view of their application to the thematic priorities as defined in the multiannual work programmes referred to in article 24 . ### the commission shall be empowered to adopt delegated acts in accordance with article 30 further defining the performance indicators in view of their application to the thematic priorities as defined in the multiannual work programmes referred to in article 24 .


### the specific objectives of the sub - programme for environment for the priority area biodiversity shall in particular be : ### the specific objectives of the sub - programme for environment for the priority area nature and biodiversity shall in particular be :


### being of union interest by making a significant contribution to the achievement of one of the objectives of the life programme set out in article 3 ; ### being of union interest by making contribution to the achievement of at least one of the objectives of the life programme set out in article 3 ;


### integrated projects referred to in article 18 point shall involve , where appropriate , stakeholders and promote , when possible , the coordination with and mobilisation of other union funding sources . ### integrated projects referred to in article 18 point shall involve , where appropriate , stakeholders and promote , when possible , the coordination with and mobilisation of other union funding sources . from the amount dedicated to action grants , no more than 20% shall be allocated to integrated projects .


### each multiannual work programme shall have a duration of at least two years and shall set out , in line with the objectives laid down in article 3 , the following : ### each multiannual work programme shall have a duration of at least three years and shall set out , in line with the objectives laid down in article 3 , the following :


### the commission shall revise , where appropriate , the multiannual work programmes . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 29 . ### each multiannual work programme shall have a duration of at least three years and be renewable , provided that the thematic priorities laid down in that multiannual work programme remain valid . the commission shall review the multiannual work programme at the latest by the mid - term review of the life programme . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 29 .


### the commission shall regularly monitor and report on the implementation of the life programme and its sub - programmes , including the amount of climate - related expenditure and biodiversity - related expenditure . it shall also examine synergies between the life programme and other complementary union programmes , and in particular between its sub - programmes . ### the commission shall monitor and report annually to the european parliament on the implementation of the life programme and its sub - programmes , including the amount of climate - related expenditure and biodiversity - related expenditure . it shall also examine synergies between the life programme and other complementary union programmes , and in particular between its sub - programmes .


### member states should have the possibility to impose a short term of imprisonment or to refrain from imprisonment in cases where the total nominal value of the counterfeited notes and coins is not significant or does not involve particularly serious circumstances . that value should be below eur 5 000 , that is to say ten times the highest denomination of the euro , for cases calling for a penalty other than imprisonment , and below eur 10 000 for cases calling for imprisonment for a shorter term than six months . ### member states should have the possibility to impose a short term of imprisonment or to refrain from imprisonment in cases where the total nominal or potential nominal value of the counterfeited notes and coins is not significant or does not involve particularly serious circumstances . that value should be below eur 5 000 or the equivalent amount in the currency of the relevant counterfeited notes and coins , that is to say ten times the highest denomination of the euro , for cases calling for a penalty other than imprisonment , and below eur 10 000 or the equivalent amount in the currency of the relevant counterfeited notes and coins for cases calling for imprisonment for a shorter term than six months .


### for offences referred to in points , and of article 3 involving notes and coins of a total nominal value of less than eur 5 000 and not involving particularly serious circumstances , member states may provide for a penalty other than imprisonment . ### for offences referred to in points , and of article 3 involving notes and coins of a total nominal or potential nominal value of less than eur 5 000 or the equivalent amount in the currency of the relevant counterfeited notes and coins , and not involving particularly serious circumstances , member states may provide for a penalty other than imprisonment .


### offences referred to in points , and of article 3 involving notes and coins of a total nominal value of at least eur 10 000 or involving particularly serious circumstances shall be punishable by ### offences referred to in points , and of article 3 involving notes and coins of a total nominal or potential nominal value of at least eur 10 000 or the equivalent amount in the currency of the relevant counterfeited notes and coins , or involving particularly serious circumstances shall be punishable by


### if the necessary samples of suspected counterfeit notes and coins cannot be transmitted because it is necessary to retain them as evidence in criminal proceedings in order to guarantee a fair and effective trial and the right of defence of the suspected perpetrator , the national analysis centre and coin national analysis centre shall be given access to them without delay . ### if the necessary samples of suspected counterfeit notes and coins cannot be transmitted because it is necessary to retain them as evidence in criminal proceedings in order to guarantee a fair and effective trial and the right of defence of the suspected perpetrator , the national analysis centre and coin national analysis centre shall be given access to them without delay . immediately after those proceedings have been concluded , the judicial authorities shall transmit such necessary samples of each type of suspected counterfeit note to the relevant national analysis centre and each type of suspected counterfeit coin to the relevant coin national analysis centre .


### reporting by the commission and review ### reporting by the commission and review - final provisions


### having regard to the treaty on the functioning of the european union , and in particular article 114 thereof , ### having regard to the treaty on the functioning of the european union , and in particular article 114 and 169 thereof ,


### article 169 and article 169 of the treaty on the functioning of the european union provide that the union is to contribute to the attainment of a high level of consumer protection through the measures adopted pursuant to article 114 thereof . article 38 of the charter of fundamental rights of the european union provides that union policies shall ensure a high level of consumer protection . ### article 169 and article 169 of the treaty on the functioning of the european union provide that the union is to contribute to the attainment of a high level of consumer protection through the measures adopted , inter alia through the measures adopted pursuant to article 114 thereof . article 38 of the charter of fundamental rights of the european union provides that union policies shall ensure a high level of consumer protection .


### alternative dispute resolution offers a simple , fast and low - cost out - of - court solution to disputes between consumers and traders . however , alternative dispute resolution is not yet sufficiently developed across the european union . in order for consumers to fully exploit its potential , it is necessary that alternative dispute resolution is available for all types of consumer disputes , quality levels of adr procedures are even and consumers and traders are aware of such procedures . it is also necessary that adr entities handle cross - border disputes effectively . ### alternative dispute resolution offers a simple , fast and low - cost out - of - court solution to disputes between consumers and traders which it has not previously proved possible to resolve bilaterally . however , alternative dispute resolution is not yet sufficiently developed across the european union . in order for consumers to fully exploit its potential , it is necessary that alternative dispute resolution is available for all types of consumer disputes , quality levels of adr procedures are even and consumers and traders are aware of such procedures . it is also necessary that adr entities handle cross - border disputes effectively .


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


### member states should ensure that disputes covered by this directive can be submitted to an adr entity fulfilling the requirements set out in this directive . member states should have the possibility to fulfil this obligation by relying on existing adr entities and adjusting their scope of application , if needed , or by providing for the creation of new adr entities . this directive should not oblige member states to create a specific adr entity in each retail sector . member states should have the possibility to provide for the creation of a residual adr entity that deals with disputes for the resolution of which no specific entity is competent . ### member states should ensure that disputes covered by this directive can be submitted to an adr entity fulfilling the requirements set out in this directive and which has been notified to the european commission in accordance with article 17 of the present directive . member states should have the possibility to fulfil this obligation by relying on existing adr entities and adjusting their scope of application , if needed , or by providing for the creation of new adr entities . this directive should not oblige member states to create a specific adr entity in each retail sector . member states should have the possibility to provide for the creation of a residual adr entity that deals with disputes for the resolution of which no specific entity is competent .


### this directive should be without prejudice to traders established in a member state being covered by an adr entity which is located in another member state . member states should encourage the development of such entities . ### this directive should be without prejudice to traders established in a member state being covered by an adr entity which is located in another member state . member states should support the development of such entities . however , adr entities should finance themselves , for example from donations , membership charges , relatively small fees for services rendered and associations of several entities and members . financing by member states should only be a last resort .


### the natural persons in charge of alternative dispute resolution should only be considered impartial if they cannot be subject to pressure that potentially influences their attitude towards the dispute . there is a particular need to ensure the absence of such pressure where adr entities are financed by one of the parties to the dispute or an organisation of which one of the parties is a member . ### the natural persons in charge of alternative dispute resolution should only be considered impartial if they cannot be subject to pressure that potentially influences their attitude towards the dispute . such pressure should automatically be assumed to exist not only if the natural person in charge of dispute resolution is partly cofinanced by one of the parties : there is a particular need to ensure the absence of such pressure where adr entities are financed solely by one of the parties to the dispute or solely by an organisation of which one of the parties is a member .


### this directive does not prescribe that participation of traders in adr procedures be mandatory or that the outcome of such procedures be binding on traders , when a consumer has lodged a complaint against them . however , this directive is without prejudice to any national rules making the participation of traders in such procedures mandatory or their outcome binding on traders , provided that such legislation does not prevent the parties from exercising their right of access to the judicial system as guaranteed in article 47 of the charter of fundamental rights of the european union . ### this directive does not prescribe that participation of traders in adr procedures be mandatory or that the outcome of such procedures be binding on traders , when a consumer has lodged a complaint against them . however , this directive is without prejudice to any national rules making the participation of traders in such procedures mandatory or their outcome binding on traders , provided that such legislation does not prevent the parties from exercising their right of access to the judicial system as guaranteed in article 47 of the charter of fundamental rights of the european union . if the outcome of an adr procedure is binding on an undertaking under domestic law , a right to judicial review should be guaranteed .


### this directive does not prescribe that participation of traders in adr procedures be mandatory or that the outcome of such procedures be binding on traders , when a consumer has lodged a complaint against them . however , this directive is without prejudice to any national rules making the participation of traders in such procedures mandatory or their outcome binding on traders , provided that such legislation does not prevent the parties from exercising their right of access to the judicial system as guaranteed in article 47 of the charter of fundamental rights of the european union . ### this directive does not prescribe that participation of traders in adr procedures be mandatory or that the outcome of such procedures be binding on traders , when a consumer has lodged a complaint against them . however , in order to ensure that consumers have access to redress and that they are not forced to forego their claims , traders should be encouraged as far as possible to participate in adr procedures . therefore , this directive is without prejudice to any national rules making the participation of traders in such procedures mandatory or subject to incentives or sanctions or their outcome binding on traders , provided that such legislation does not prevent the parties from exercising their right of access to the judicial system as guaranteed in article 47 of the charter of fundamental rights of the european union .