### the commission shall take such a decision no later than three months from the adoption of the recommendation . the commission may extend this period by one month . ### the authority shall take such a decision no later than one month from the adoption of the recommendation .


### where appropriate , the authority should consult interested parties on technical standards , guidelines and recommendations and provide them with a reasonable opportunity to comment on proposed measures . for reasons of efficiency , an insurance , reinsurance and occupational pension funds stakeholder group should be established for that purpose , representing in balanced proportions community insurance and reinsurance firms as well as occupational pension funds , their employees and consumers and other retail users of the insurance , reinsurance and occupational pension services , including smes . the insurance , reinsurance and occupational pension funds stakeholder group should actively work as an interface with other user groups in the financial services area established by the commission or community legislation . ### the authority should consult interested parties on technical standards , guidelines and recommendations and provide them with a reasonable opportunity to comment on proposed measures . before adopting draft technical standards , guidelines and recommendations the authority should carry out an impact assessment with a view to ensuring that the best practices for high - quality regulation are met . to provide effective external assistance , an insurance , reinsurance and occupational pension funds stakeholder group should be established , representing in balanced proportions union insurance and reinsurance firms and insurance intermediaries as well as occupational pension funds , trade unions , academics and consumers and other retail users of the insurance , reinsurance and occupational pension services , including smes . the insurance , reinsurance and occupational pension funds stakeholder group should actively work as an interface with other user groups in the financial services area established by the commission or by eu legislation .


### where the national authority does not comply with the recommendation , the commission should be empowered to address a decision to the national supervisory authority concerned in order to ensure compliance with community law , creating direct legal effects which can be invoked before national courts and authorities and enforced under article 226 of the treaty . ### where the national authority does not comply with the recommendation within a deadline fixed by the authority , the authority should address a decision without delay to the national supervisory authority concerned in order to ensure compliance with union law , creating direct legal effects which can be invoked before national courts and authorities and enforced under article 258 of the treaty .


### contribute to a consistent application of community legislation , in particular by contributing to a common supervisory culture , ensuring consistent , efficient and effective application of the legislation referred to in article 1 , preventing regulatory arbitrage , mediating and settling disagreements between national supervisory authorities , promoting a coherent functioning of colleges of supervisors and taking actions in emergency situations ; ### contribute to a consistent application of union legislation , in particular by contributing to a common supervisory culture , ensuring consistent , efficient and effective application of the legislation referred to in article 1 , preventing regulatory arbitrage , mediating and settling disagreements between competent authorities , ensuring effective and consistent supervision of financial institutions with a union dimension and a coherent functioning of colleges of supervisors and taking actions , inter alia , in emergency situations ;


### a subsidy from the community , entered in the general budget of the european union ; ### a subsidy from the european union , shown in a separate budget heading in section [ xi ] of the general budget of the european union .


### for the purpose of consultation with stakeholders in areas relevant to the tasks of the authority , an insurance , reinsurance and occupational pension funds stakeholder group shall be established . ### for the purpose of consultation with stakeholders in areas relevant to the tasks of the authority , the insurance and reinsurance stakeholder group , and the occupational pension funds stakeholder group shall be established .


### the insurance , reinsurance and occupational pension funds stakeholder group shall be composed of 30 members , representing in balanced proportions community insurance and reinsurance firms as well as occupational pension funds , their employees as well as consumers and users of the insurance , reinsurance and occupational pension services . ### the insurance and reinsurance and the occupational pension funds stakeholder groups shall each be composed of 30 members . the insurance and reinsurance stakeholder group shall represent in balanced proportions community insurance and reinsurance firms , their employees as well as consumers and users of the insurance . the occupational pension funds stakeholder group shall represent in balanced proportions european union occupational pensions funds , their members and beneficiaries as well as consumers and users of the occupational pensions ' services .


### the authority should actively promote a coordinated community supervisory response , in particular where adverse developments could potentially jeopardise the orderly functioning and integrity of financial markets or the stability of the financial system in the community . in addition to its powers for action in emergency situations , it should therefore be entrusted with a general coordination function within the european system of financial supervisors . the smooth flow of all relevant information between national supervisory authorities should be a particular focus of the authority ' s actions . ### the authority should actively promote a coordinated union supervisory response , in particular to ensure the orderly functioning and integrity of financial markets or the stability of the financial system in the union . in addition to its powers for action in emergency situations , it should therefore be entrusted with a general coordination function within the european system of financial supervision . the smooth flow of all relevant information between national supervisory authorities should be a particular focus of the authority ' s actions .


### 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 or his or her alternate shall , at least quarterly , make a statement before the european parliament and answer any questions put by its members .


### the board of supervisors shall act on the basis of qualified majority of its members , as defined in article 205 of the treaty , for acts specified in articles 7 , 8 and all measures and decisions adopted under chapter vi . all other decisions of the board of supervisors shall be taken by simple majority of members . ### decisions of the board of supervisors shall be taken by simple majority of its members , according to the principle where each member has one vote .


### the process for the development of technical standards in this regulation is without prejudice to the commission ' s powers to adopt on its own initiative implementing measures under comitology procedures at level 2 of the lamfalussy structure as laid out in the relevant community legislation . the matters concerned by the technical standards do not involve policy decisions , and their content is framed by the community acts adopted at level 1 . development of the draft standards by the authority ensures that they fully benefit from the specialised expertise of national supervisory authorities . ### the commission should endorse those draft technical standards in order to give them binding legal effect . they will be subject to amendment if , for example , they are incompatible with union law , do not respect the principle of proportionality or run counter to the fundamental principles of the internal market for financial services as reflected in the acquis of european union financial services legislation . to ensure a smooth and expeditious adoption process for those standards , the commission should be subject to a time limit for its decision on the endorsement .


### the commission shall ensure that the right to be heard of the addressees of the decision is respected . ### the authority shall ensure that the right to be heard of the addressees of the decision is respected .


### where appropriate , the authority should consult interested parties on technical standards , guidelines and recommendations and provide them with a reasonable opportunity to comment on proposed measures . for reasons of efficiency , an insurance , reinsurance and occupational pension funds stakeholder group should be established for that purpose , representing in balanced proportions community insurance and reinsurance firms as well as occupational pension funds , their employees and consumers and other retail users of the insurance , reinsurance and occupational pension services , including smes . the insurance , reinsurance and occupational pension funds stakeholder group should actively work as an interface with other user groups in the financial services area established by the commission or community legislation . ### where appropriate , the authority should consult interested parties on technical standards , guidelines and recommendations and provide them with a reasonable opportunity to comment on proposed measures . for reasons of efficiency , two stakeholders groups – one for insurance and reinsurance and the other for occupational pension funds – should be established for that purpose , the first representing in balanced proportions union insurance and reinsurance firms and the second representing occupational pension funds , their employees and consumers and other retail users of the insurance , reinsurance and occupational pension services , including smes . these stakeholder groups should actively work as an interface with other user groups in the financial services area established by the commission or union legislation .


### the delegation of tasks and responsibilities can be a useful instrument in the functioning of the network of supervisors in order to reduce the duplication of supervisory tasks , foster cooperation and thereby streamline the supervisory process as well as reduce the burden imposed on financial institutions . the regulation should therefore provide a clear legal basis for such delegation . delegation of tasks means that tasks are carried out by another supervisory authority instead of the responsible authority , while the responsibility for supervisory decisions remains with the delegating authority . by delegation of responsibilities one national supervisory authority , the delegatee , shall be able to decide upon a certain supervisory matter in its name in lieu of another national supervisory authority . delegations should be governed by the principle of allocating supervisory competence to a supervisor which is well placed to take action in the subject matter . a reallocation of responsibilities can be appropriate for example for reasons of economies of scale or scope , of coherence in group supervision , and of optimal use of technical expertise among national supervisory authorities . relevant community legislation may further specify the principles for reallocation of responsibilities upon agreement . the authority should facilitate delegation agreements between national supervisory authorities by all appropriate means . it should be informed in advance of intended delegation agreements to be able to express an opinion where appropriate . it should centralise the publication of such agreements to ensure timely , transparent and easily accessible information about agreements for all parties concerned . ### the delegation of tasks and responsibilities can be a useful instrument in the functioning of the network of supervisors in order to reduce the duplication of supervisory tasks , foster cooperation and thereby streamline the supervisory process as well as reduce the burden imposed on financial institutions . the regulation should therefore provide a clear legal basis for such delegation . a member state may restrict the powers of the national supervisory authority to delegate its tasks . delegation of tasks means that tasks are carried out by another supervisory authority instead of the responsible authority , while the responsibility for supervisory decisions remains with the delegating authority . by delegation of responsibilities one national supervisory authority , the delegatee , should be able to decide upon a certain supervisory matter in its name in lieu of another national supervisory authority . delegations should be governed by the principle of allocating supervisory competence to a supervisor which is well placed to take action in the subject matter . a reallocation of responsibilities can be appropriate for example for reasons of economies of scale or scope , of coherence in group supervision , and of optimal use of technical expertise among national supervisory authorities . relevant union legislation may further specify the principles for reallocation of responsibilities upon agreement . the authority should facilitate delegation agreements between national supervisory authorities by all appropriate means . it should be informed in advance of intended delegation agreements to be able to express an opinion where appropriate . it should centralise the publication of such agreements to ensure timely , transparent and easily accessible information about agreements for all parties concerned .


### the european system of financial supervisors should be a network of national and community supervisory authorities , leaving day - to - day supervision of financial institutions at the national level , and according a central role in the supervision of cross - border groups to colleges of supervisors . greater harmonisation and the coherent application of rules for financial institutions and markets across the community should also be achieved . a european insurance and occupational pensions authority should be established , along with a european banking authority and a european securities and markets authority . ### the european system of financial supervisors should be a network of national and union supervisory authorities , leaving day - to - day supervision of financial institutions that do not have a union dimension to the national level . colleges of supervisors should exert supervision over cross - border institutions that do not have a union dimension . the european insurance and occupational pensions authority should gradually take over supervision of institutions with a union dimension . greater harmonisation and the coherent application of rules for financial institutions and markets across the union should also be achieved . in addition to the authority , a european supervisory authority and a european supervisory authority as well as a european supervisory authority should be established . the european systemic risk board shall form part of a european system of financial supervision .


### 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 .


### in areas not covered by technical standards , the authority should have the power to issue non - binding guidelines and recommendations on the application of community legislation . in order to ensure transparency and strengthen compliance by national supervisory authorities with those guidelines and recommendations , national authorities should be obliged to state their reasons where they do not comply with those guidelines and recommendations . ### in areas not covered by technical standards , the authority should have the power to issue guidelines and recommendations on the application of union legislation . in order to ensure transparency and strengthen compliance by national supervisory authorities with those guidelines and recommendations , national authorities should be obliged to state their reasons where they do not comply with those guidelines and recommendations publicly in order to be fully transparent with market participants . in areas not covered by technical standards , the authority should establish and promulgate best practices .


### the european insurance and occupational pensions authority should act with a view to improving the functioning of the internal market , including in particular by ensuring a high , effective and consistent level of regulation and supervision taking account of the varying interests of all member states , to protect policyholders and other beneficiaries , to ensure the integrity , efficiency and orderly functioning of financial markets , to safeguard the stability of the financial system , and to strengthen international supervisory coordination , for the benefit of the economy at large , including financial institutions and other stakeholders , consumers and employees . in order to be able to fulfil its objectives , it is necessary and appropriate that the authority should be a community body having legal personality and it should have legal , administrative and financial autonomy . ### the authority should act with a view to improving the functioning of the internal market , including in particular by ensuring a high , effective and consistent level of regulation and supervision taking account of the varying interests of all member states , to prevent regulatory arbitrage and guarantee a level playing field , to protect policyholders and other beneficiaries , to ensure the integrity , efficiency and orderly functioning of financial markets , to safeguard the stability of the financial system , and to strengthen international supervisory coordination while taking account of the need to enhance competition and innovation within the internal market and to ensure global competitiveness , for the benefit of the economy at large , including financial institutions and other stakeholders , consumers and employees . in order to be able to fulfil its objectives , it is necessary and appropriate that the authority should be a union body having legal personality and it should have legal , administrative and financial autonomy .


### the national supervisory authority shall , within ten working days of receipt of the decision referred to in paragraph 4 , inform the commission and the authority of the steps it has taken or intends to take to implement the commission ' s decision . ### the national supervisory authority shall , within ten working days of receipt of the decision referred to in paragraph 4 , inform the commission and the authority of the steps it has taken or intends to take to implement the authority ' s decision .


### there is a need to introduce an effective instrument to establish harmonised technical standards in financial services to ensure , also through a single rulebook , a level playing field and an adequate protection of policyholders , other beneficiaries and consumers across europe . as a body with highly specialised expertise , it is efficient and appropriate to entrust the authority , in areas defined by community law , with the elaboration of draft technical standards , which do not involve policy choices . the commission should endorse those draft technical standards in accordance with community law in order to give them binding legal effect . the draft technical standards have to be adopted by the commission . they would be subject to amendment if , for example , the draft technical standards were incompatible with community law , would not respect the principle of proportionality or would run counter to the fundamental principles of the internal market for financial services as reflected in the acquis of community financial services legislation . to ensure a smooth and expedited adoption process for those standards , the commission should be subject to a time limit for its decision on the endorsement . ### there is a need to introduce an effective instrument to establish harmonised technical standards in financial services to ensure , also through a single rulebook , a level playing field and an adequate protection of policyholders , other beneficiaries and consumers across europe . as a body with highly specialised expertise , it is efficient and appropriate to entrust the authority , in areas defined by eu law , with the elaboration of draft technical standards , which do not involve policy choices . the commission should be empowered to adopt delegated acts in accordance with the procedure referred to in article 290 of the treaty on the functioning of the european union concerning technical standards in financial services .


### the authority shall act within the scope of directive 64 / 225 / eec , directive 73 / 239 / eec , directive 73 / 240 / eec , directive 76 / 580 / eec , directive 78 / 473 / eec , directive 84 / 641 / eec , directive 87 / 344 / eec , directive 88 / 357 / eec , directive 92 / 49 / eec , directive 98 / 78 / ec , directive 2001 / 17 / ec , directive 2002 / 83 / ec , directive 2002 / 92 / ec , directive 2003 / 41 / ec , directive 2002 / 87 / ec , directive 2005 / 68 / ec , directive 2007 / 44 / ec , directive 2005 / 60 / ec , directive 2002 / 65 / ec , including all directives , regulations , and decisions based on these acts , and of any further community act which confers tasks on the authority . ### the authority shall act within the scope of this regulation and of directive 64 / 225 / eec , directive 73 / 239 / eec , directive 73 / 240 / eec , directive 76 / 580 / eec , directive 78 / 473 / eec , directive 84 / 641 / eec , directive 87 / 344 / eec , directive 88 / 357 / eec , directive 92 / 49 / eec , directive 98 / 78 / ec , directive 2001 / 17 / ec , directive 2002 / 83 / ec , directive 2002 / 92 / ec , directive 2003 / 41 / ec , directive 2002 / 87 / ec , directive 2005 / 68 / ec , directive 2007 / 44 / ec , directive 2005 / 60 / ec , directive 2002 / 65 / ec , including all directives , regulations , and decisions based on these acts , and of any further union act which confers tasks on the authority .


### 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 of the authority referred to in paragraph 2 within the period laid down therein , the authority may , where the relevant requirements laid down in 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 that legislation , 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 of the authority referred to in paragraph 2 within the period laid down therein , the authority shall , pursuant to the relevant requirements laid down in 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 that legislation , including the cessation of any practice .


### 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 union , 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 .


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


### 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 of the authority referred to in paragraph 2 within the period laid down therein , the authority may , where the relevant requirements laid down in 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 that legislation , including the cessation of any practice . ### without prejudice to the powers of the commission under article 258 of the treaty on the functioning of the european union , where a competent authority does not comply with the decision of the authority referred to in paragraph 2 within the period laid down therein , the authority shall , pursuant to the relevant requirements laid down in 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 that legislation , including the cessation of any practice .


### 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 of the authority referred to in paragraph 2 within the period laid down therein , the authority may , where the relevant requirements laid down in 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 that legislation , 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 of the authority referred to in paragraph 2 within the period laid down therein , the authority may , where the relevant requirements laid down in 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 that legislation , including the cessation of any practice .


### 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 union , the commission , following a recommendation from the esrb , may adopt a decision addressed to the authority , determining the existence of an emergency situation for the purposes of this regulation .


### where a project promoter incurs higher risks for the development , construction , operation or maintenance of a project of common interest falling under the categories set out in points 1 and 2 of annex ii , except for hydro - pumped electricity storage projects , compared to the risks normally incurred by a comparable infrastructure project , and where such risks are not covered under an exemption pursuant to article 36 of directive 2009 / 73 / ec or article 17 of regulation no 714 / 2009 , national regulatory authorities shall ensure that appropriate incentives are granted to that project when applying article 37 of directive 2009 / 72 / ec , article 41 of directive 2009 / 73 / ec , article 14 of regulation no 714 / 2009 , and article 13 of regulation no 715 / 2009 . ### where a project promoter incurs higher risks for the development , construction , operation or maintenance of a project of common interest falling under the categories set out in points 1 and 2 of annex ii , except for hydro - pumped electricity storage projects , gas storage facilities and lng plants , compared to the risks normally incurred by a comparable infrastructure project , and where such risks are not covered under an exemption pursuant to article 36 of directive 2009 / 73 / ec or article 17 of regulation no 714 / 2009 , national regulatory authorities shall ensure that appropriate incentives are granted to that project when applying article 37 of directive 2009 / 72 / ec , article 41 of directive 2009 / 73 / ec , article 14 of regulation no 714 / 2009 , and article 13 of regulation no 715 / 2009 . in connection with the payment of network charges , hydro - pumped electricity storage projects , gas storage facilities and lng plants shall not be treated as final consumers , in order not to jeopardise their competitiveness .


### member states shall take the necessary measures to ensure that the following intentional conduct are punishable : ### member states shall take the necessary measures to ensure that the following forms of intentional conduct are laid down in law as criminal offences and , in accordance with their systems of criminal penalties , are punished by means of the imposition of sentences which reflect their seriousness :


### commission proposal child pornography , which constitutes sex abuse images , is a specific type of content which cannot be construed as the expression of an opinion . to combat it , it is necessary to reduce the circulation of child abuse material by making it more difficult for offenders to upload such content onto the publicly accessible web . action is therefore necessary to remove the content at source and apprehend those guilty of making distributing or downloading child abuse images . the eu , in particular through increased cooperation with third countries and international organisations , should seek to facilitate the effective removal by third country authorities of websites containing child pornography , which are hosted in their territory . however as , despite such efforts , the removal of child pornography content at its source proves to be difficult where the original materials are not located within the eu , mechanisms should also be put in place to block access from the union’s territory to internet pages identified as containing or disseminating child pornography . for that purpose , different mechanisms can be used as appropriate , including facilitating the competent judicial or police authorities to order such blocking , or supporting and stimulating internet service providers on a voluntary basis to develop codes of conduct and guidelines for blocking access to such internet pages . both with a view to the removal and the blocking of child abuse content , cooperation between public authorities should be established and strengthened , particularly in the interest of ensuring that national lists of websites containing child pornography material are as complete as possible and of avoiding duplication of work . any such developments must take account of the rights of the end users , adhere to existing legal and judicial procedures and comply with the european convention on human rights and the charter of fundamental rights of the european union . the safer internet programme has set up a network of hotlines whose goal is to collect information and to ensure coverage and exchange of reports on the major types of illegal content online . ### the depiction of sexual acts involving persons below the age of 18 constitutes a type of content whose production , dissemination , duplication or purchase is not safeguarded with reference to fundamental rights . action is therefore necessary to remove the content at source and to apprehend and subject to the due process of law those guilty of making , distributing or downloading such content . the eu , in particular through increased cooperation with third countries and international organisations and with the help of bilateral or multilateral agreements , should seek to facilitate the effective removal by third country authorities of websites containing child pornography , which are hosted in their territory . cooperation with the international association of internet hotlines should be stepped up . in order to avoid duplication of work , cooperation between public authorities should be established and strengthened . any such developments must take account of the rights of the end users , adhere to existing legal and judicial procedures and comply with the european convention on human rights and the charter of fundamental rights of the european union . the safer internet programme has set up a network of hotlines whose goal is to collect information and to ensure coverage and exchange of reports on the major types of illegal content online .


### of a child engaged in real or simulated sexually explicit conduct ; or ### of a person below the age of 18 years engaged in real or simulated sexually explicit conduct ; or


### serious criminal offences such as the sexual exploitation of children and child pornography require a comprehensive approach covering the prosecution of offenders , the protection of child victims , and prevention of the phenomenon . the child ' s best interests must be a primary consideration when carrying out any measures to combat these offences in accordance with the charter of fundamental rights of the european union and the un convention on the rights of the child . framework decision 2004 / 68 / jha should be replaced by a new instrument providing such comprehensive legal framework to achieve that purpose . ### serious criminal offences , such as the sexual abuse and the sexual exploitation of persons below the age of 18 years and the depiction of sexual acts involving persons below the age of 18 years , require a comprehensive approach covering the prosecution of offenders , the protection of victims below the age of 18 years , and prevention of the phenomenon . the best interests of victims below the age of 18 years must be a primary consideration when carrying out any measures to combat these offences in accordance with the charter of fundamental rights of the european union and the un convention on the rights of the child . framework decision 2004 / 68 / jha should be replaced by a new instrument providing such comprehensive legal framework to achieve that purpose .


### member states shall take the necessary measures to encourage any person who knows about or suspects , in good faith , offences referred to in articles 3 to 7 to report these facts to the competent services . ### member states shall take the necessary measures to encourage any person who knows about or suspects , in good faith , offences referred to in articles 3 to 7 perpetrated against a person below the age of 18 years to report these facts to the competent services .


### child pornography , which constitutes sex abuse images , is a specific type of content which cannot be construed as the expression of an opinion . to combat it , it is necessary to reduce the circulation of child abuse material by making it more difficult for offenders to upload such content onto the publicly accessible web . action is therefore necessary to remove the content at source and apprehend those guilty of making distributing or downloading child abuse images . the eu , in particular through increased cooperation with third countries and international organisations , should seek to facilitate the effective removal by third country authorities of websites containing child pornography , which are hosted in their territory . however as , despite such efforts , the removal of child pornography content at its source proves to be difficult where the original materials are not located within the eu , mechanisms should also be put in place to block access from the union’s territory to internet pages identified as containing or disseminating child pornography . for that purpose , different mechanisms can be used as appropriate , including facilitating the competent judicial or police authorities to order such blocking , or supporting and stimulating internet service providers on a voluntary basis to develop codes of conduct and guidelines for blocking access to such internet pages . both with a view to the removal and the blocking of child abuse content , cooperation between public authorities should be established and strengthened , particularly in the interest of ensuring that national lists of websites containing child pornography material are as complete as possible and of avoiding duplication of work . any such developments must take account of the rights of the end users , adhere to existing legal and judicial procedures and comply with the european convention on human rights and the charter of fundamental rights of the european union . the safer internet programme has set up a network of hotlines whose goal is to collect information and to ensure coverage and exchange of reports on the major types of illegal content online . ### the depiction of sexual acts involving persons below the age of 18 years constitutes a type of content whose making , dissemination , reproduction or purchase are not protected as fundamental rights . the use of the term ' depiction of sexual acts ' is intended to widen the concept of abuse to cover all sexual acts involving persons below the age of 18 ears , even in cases where the latter are forced to perform the acts on themselves . action is therefore necessary to remove the content at source as quickly as possible and to apprehend and subject to the due process of law those guilty of making , distributing or downloading such content . the eu , in particular through increased cooperation with third countries and international organisations and on the basis of bilateral or multilateral agreements , should seek to facilitate the effective removal by third country authorities of websites containing depictions of sexual acts involving persons below the age of 18 years , which are hosted in their territory . cooperation with the international association of internet hotlines should be stepped up . in order to avoid duplication of work , cooperation between public authorities should be established and strengthened . any such developments must take account of the rights of the end users , adhere to existing legal and judicial procedures and comply with the european convention on human rights and the charter of fundamental rights of the european union . the safer internet programme has set up a network of hotlines whose goal is to collect information and to ensure coverage and exchange of reports on the major types of illegal content online .


### member states shall take the necessary measures to ensure that the intentional conduct referred to in paragraphs 2 to 11 is punishable . ### member states shall take the necessary measures to ensure that the intentional conduct referred to in paragraphs 2 to 11 is punishable in a manner which reflects the seriousness of the offences involved . since the offences in question constitute extremely serious assaults on persons below the age of 18 years , they must be properly defined in the member states ' criminal codes .


### council framework decision 2004 / 68 / jha on combating the sexual exploitation of children and child pornography approximates member states’ legislation to criminalise the most serious forms of child sexual abuse and sexual exploitation , to extend domestic jurisdiction , and to provide for a minimum level of assistance for victims . council framework decision 2001 / 220 / jha on the standing of victims in criminal proceedings establishes a set of victims ' rights in criminal proceedings , including the right to protection and compensation . moreover , the coordination of prosecution of cases of sexual abuse , sexual exploitation of children and child pornography will be facilitated by the adoption of council framework decision 2009 / 948 / jha on prevention and settlement of conflict of jurisdiction in criminal proceedings . ### council framework decision 2004 / 68 / jha on combating the sexual exploitation of children and child pornography approximates member states’ legislation to criminalise the most serious forms of child sexual abuse and sexual exploitation , to extend domestic jurisdiction , and to provide for a minimum level of assistance for victims . council framework decision 2001 / 220 / jha on the standing of victims in criminal proceedings establishes a set of victims ' rights in criminal proceedings , including the right to protection and compensation . moreover , the coordination of prosecution of cases of sexual abuse , sexual exploitation of persons below the age of 18 years and the depiction of sexual acts involving them will be facilitated by the adoption of council framework decision 2009 / 948 / jha on prevention and settlement of conflict of jurisdiction in criminal proceedings .


### the provisions of article 3 , with regard to witnessing sexual activities , and ; article 4 and and article 5 do not govern consensual sexual activities between children or involving persons who are close in age and degree of psychological and physical development or maturity , insofar as the acts did not involve any abuse . ### the provisions of article 3 , with regard to witnessing sexual activities , and ; article 4 and and article 5 do not govern consensual sexual activities between persons at least one of whom is below the age of 18 years or involving persons who are similar in age and degree of psychological and physical development or maturity , insofar as the acts did not involve any abuse .


### any material that visually depicts a child engaged in real or simulated sexually explicit conduct ; or ### any material that visually depicts a child engaged in real or simulated sexual conduct ; or


### child pornography , which constitutes sex abuse images , is a specific type of content which cannot be construed as the expression of an opinion . to combat it , it is necessary to reduce the circulation of child abuse material by making it more difficult for offenders to upload such content onto the publicly accessible web . action is therefore necessary to remove the content at source and apprehend those guilty of making distributing or downloading child abuse images . the eu , in particular through increased cooperation with third countries and international organisations , should seek to facilitate the effective removal by third country authorities of websites containing child pornography , which are hosted in their territory . however as , despite such efforts , the removal of child pornography content at its source proves to be difficult where the original materials are not located within the eu , mechanisms should also be put in place to block access from the union’s territory to internet pages identified as containing or disseminating child pornography . for that purpose , different mechanisms can be used as appropriate , including facilitating the competent judicial or police authorities to order such blocking , or supporting and stimulating internet service providers on a voluntary basis to develop codes of conduct and guidelines for blocking access to such internet pages . both with a view to the removal and the blocking of child abuse content , cooperation between public authorities should be established and strengthened , particularly in the interest of ensuring that national lists of websites containing child pornography material are as complete as possible and of avoiding duplication of work . any such developments must take account of the rights of the end users , adhere to existing legal and judicial procedures and comply with the european convention on human rights and the charter of fundamental rights of the european union . the safer internet programme has set up a network of hotlines whose goal is to collect information and to ensure coverage and exchange of reports on the major types of illegal content online . ### child pornography , which constitutes sex abuse images , is a specific type of content which cannot be construed as the expression of an opinion . to combat it , it is necessary to reduce the circulation of child abuse material by making it more difficult for offenders to upload such content onto the publicly accessible web . action is therefore necessary to remove the content at source and apprehend those guilty of making distributing or downloading child abuse images . the eu , in particular through increased cooperation with third countries and international organisations , should seek to facilitate the effective removal by third country authorities of websites containing depictions of sexual acts involving persons below the age of 18 years , which are hosted in their territory . however as , despite such efforts , the removal of child pornography content at its source proves to be difficult where the original materials are not located within the eu , mechanisms should also be put in place to block access from the union’s territory to internet pages identified as containing or disseminating child pornography . for that purpose , different mechanisms can be used as appropriate , including facilitating the competent judicial or police authorities to order such blocking , or supporting and stimulating internet service providers on a voluntary basis to develop codes of conduct and guidelines for blocking access to such internet pages . both with a view to the removal and the blocking of child abuse content , cooperation between public authorities should be established and strengthened , particularly in the interest of ensuring that national lists of websites containing child pornography material are as complete as possible and of avoiding duplication of work . any such developments must take account of the rights of the end users , adhere to existing legal and judicial procedures and comply with the european convention on human rights and the charter of fundamental rights of the european union . the safer internet programme has set up a network of hotlines whose goal is to collect information and to ensure coverage and exchange of reports on the major types of illegal content online .


### without prejudice to the above , member states shall take the necessary measures to obtain the removal of internet pages containing or disseminating child pornography . ### without prejudice to the above , member states shall take the necessary measures to obtain the removal of internet pages containing or disseminating child pornography . the removal of such content shall be undertaken in accordance with national procedures and with adequate safeguards to ensure that it is confined to what is strictly necessary .


### the integrated approach set out in paragraphs 1 and 2 is expected to lead to around 15% of the total combined budget for the specific objective on ‘ leadership in enabling and industrial technologies’ and the priority ‘ societal challenges’ going to smes . ### the integrated approach set out in paragraphs 1 and 2 shall lead to a considerable allocation of the total combined budget for the specific objective on ' leadership in enabling and industrial technologies ' and the priority ' societal challenges ' going to smes . private sector beneficiaries are expected to receive a substantial part of the total budget for horizon 2020 .


### research and innovation activities supported by horizon 2020 should respect fundamental ethical principles . the opinions of the european group on ethics in science and new technologies should be taken into account . research activities should also take into account article 13 tfeu and reduce the use of animals in research and testing , with a view ultimately to replacing animal use . all activities should be carried out ensuring a high level of human health protection in accordance with article 168 tfeu . ### research and innovation activities supported by horizon 2020 should respect fundamental ethical principles . the opinions of the european group on ethics in science and new technologies should be taken into account . research activities should also take into account article 13 tfeu and reduce the use of animals in research and testing , with a view ultimately to replacing animal use . research activities funded by horizon 2020 should respect the legal provisions and customs of the member states . all activities should be carried out ensuring a high level of human health protection in accordance with article 168 tfeu .


### with the aim of deepening the relationship between science and society and reinforcing public confidence in science , horizon 2020 should favour an informed engagement of citizens and civil society on research and innovation matters by promoting science education , by making scientific knowledge more accessible , by developing responsible research and innovation agendas that meet citizens ' and civil society ' s concerns and expectations and by facilitating their participation in horizon 2020 activities . ### with the aim of deepening the relationship between science and society and reinforcing public confidence in science , horizon 2020 should be supported by a powerful information campaign for citizens and civil society on research and innovation matters by promoting science education , by making scientific knowledge more accessible , by developing responsible research and innovation agendas that meet citizens ' and civil society ' s concerns and expectations and by facilitating their participation in horizon 2020 activities .


### to achieve maximum impact , horizon 2020 should develop close synergies with other union programmes in areas such as education , space , environment , competitiveness and smes , the internal security , culture and media and with the cohesion policy funds and rural development policy , which can specifically help to strengthen national and regional research and innovation capabilities in the context of smart specialisation strategies . ### to achieve maximum impact , horizon 2020 should develop close synergies with other union programmes in areas such as education , space , environment , competitiveness and smes , the internal security , culture and media and with the cohesion policy funds and rural development policy , which can specifically help to strengthen national and regional research and innovation capabilities in the context of smart specialisation strategies . synergy should not be limited to supplementary project funding alone , given that the cultivation of professional relations , the development of capacities and in particular the transfer of know - how could represent a significant form of synergy .


### any recurrent problems leading to disputes between consumers and traders ; ### any recurrent problems leading to disputes between consumers and traders , which may be accompanied by guiding solutions , including in particular suggestions how those issues should be addressed ;


### member states shall ensure that adr entities make publicly available on their websites and in printed form at their premises annual activity reports . these reports shall include the following information relating to both domestic and cross - border disputes : ### member states shall ensure that adr entities make publicly available on their websites and , upon request , in printed form at their premises annual activity reports . these reports shall include the following information relating to both domestic and cross - border disputes :


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


### this directive shall apply to procedures for the out - of - court resolution of contractual disputes arising from the sale of goods or provision of services by a trader established in the union to a consumer resident in the union through the intervention of a dispute resolution entity which proposes or imposes a solution or brings the parties together with the aim of facilitating an amicable solution , hereinafter ' adr procedures ' . ### this directive shall apply to procedures for the out - of - court resolution of contractual disputes arising from the sale of goods or provision of services by a trader established in the union to a consumer resident in the union through the intervention of an adr entity .


### the natural persons in charge of alternative dispute resolution should only be considered impartial if they cannot be subject to pressure that potentially influences their attitude towards the dispute . there is a particular need to ensure the absence of such pressure where adr entities are financed by one of the parties to the dispute or an organisation of which one of the parties is a member . ### the natural persons in charge of alternative dispute resolution should only be considered impartial if they cannot be subject to pressure that potentially influences their attitude towards the dispute . there is a particular need to ensure the absence of such pressure where adr entities are financed by one of the parties to the dispute or an organisation of which one of the parties is a member . in order to ensure the absence of any conflict of interest , natural persons in charge of alternative dispute resolution should disclose any circumstances that might hamper their independence or give rise to a conflict of interest . specific requirements should apply to persons exclusively employed by the trader .


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


### this directive is to contribute to the functioning of the internal market and to the achievement of a high level of consumer protection by ensuring that disputes between consumers and traders can be submitted to entities offering impartial , transparent , effective and fair alternative dispute resolution procedures . ### this directive is to contribute to the functioning of the internal market and to the achievement of a high level of consumer protection by ensuring that disputes between consumers and traders can be referred by consumers to entities offering impartial , independent , transparent , effective and fair alternative dispute resolution procedures .


### the dispute is resolved within 90 days from the date on which the adr entity has received the complaint . in the case of complex disputes , the adr entity may extend this time period . ### the dispute is resolved within a reasonable time from the date on which the adr entity has received the complaint and all relevant information related to it .


### the parties have the possibility to express their point of view and hear the arguments and facts put forward by the other party and any experts ' statements ; ### the parties have the possibility to express their point of view and receive and be able to comment on the arguments and facts put forward by the other party and any experts ' statements ;


### adr procedures should be effective . they should provide for a simple and fast procedure whose duration generally does not exceed 90 days . the adr entity should be able to extend this time period when the complexity of the dispute in question so demands . ### adr procedures should be effective . they should provide for a simple and fast procedure whose duration generally does not exceed 90 working days from the date when the parties have been notified that a complaint has been filed . the adr entity should notify the complaint to the parties after receiving all the documents necessary to carry out the adr procedure . the adr entity should be able to extend this time period when the complexity of the dispute in question so demands .


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


### the information referred to in paragraph 1 shall be mentioned in an easily , directly , prominently and permanently accessible way on the trader ' s website , where one exists , in the general terms and conditions of contracts for the sale of goods or provision of services between the trader and a consumer and in invoices and receipts relating to such contracts . it shall specify how further information on the adr entity concerned and on the conditions for using it can be accessed . ### the information referred to in paragraph 1 shall be mentioned in a comprehensible and easily accessible way on the trader ' s website , where one exists , and , if applicable , in the general terms and conditions of contracts for the sale of goods or provision of services between the trader and a consumer .


### the dispute is resolved within 90 days from the date on which the adr entity has received the complaint . in the case of complex disputes , the adr entity may extend this time period . ### the dispute is resolved within 90 working days from the date on which the parties have been notified that a complaint has been filed . in the case of complex disputes , the adr entity may extend this time period .


### member states shall ensure that adr entities make publicly available on their websites and in printed form at their premises information on : ### member states shall ensure that adr entities make publicly available in plain language understandable to an average user , on their websites and , upon request , in printed form at their premises information on :


### improving market access and developing trade , investment and business opportunities for european companies by means of economic partnerships and business and regulatory cooperation . this objective shall be measured by the union’s share in foreign trade with key partner countries and by trade and investments flows to partner countries specifically targeted by actions , programmes and measures under this regulation ; ### improving access to third country markets , boosting trade , eliminating barriers to trade and investment while also counteracting unwarranted and / or unjustified protectionist measures and regulatory barriers , by promoting international standards , improving the protection of intellectual property rights , and creating a secure climate for investment and new trading opportunities for european companies worldwide , in particular for small and medium - sized enterprises , by means of economic partnerships , business and legal and taxation regulatory cooperation , and support programmes and instruments to promote sme internationalisation ; this objective shall be measured by the union’s share in foreign trade with key partner countries and by trade and investment flows to all partner countries specifically targeted by actions , programmes and measures under this regulation ;


### in particular , fighting climate change is recognised as one of the great challenges which the union faces and the area where urgent international action is necessary . in accordance with the intent stated in the commission communication “a budget for europe 2020” of increasing the climate related proportion of the union budget to at least 20% , this regulation should contribute to that goal . ### in particular , fighting climate change and promoting union standards on the fight against climate change are recognised as one of the great challenges which the union faces and the area where urgent international action is necessary . in accordance with the intent stated in the commission communication “a budget for europe 2020” of increasing the climate related proportion of the union budget to at least 20% , this regulation should contribute to that goal .


### in implementing this regulation , the union shall aim to ensure coherence and consistency with other areas of its external action , in particular the development cooperation instrument for developing countries , and with other relevant union ' s policies when formulating policy , strategic planning and programming and implementing measures . ### in implementing this regulation , the union shall aim to ensure coherence and consistency with other areas of its external action and with other relevant union ' s policies and instruments when formulating policy , strategic planning and programming and implementing measures . to this end , the union shall avoid duplication of funding .


### this regulation establishes a partnership instrument for cooperation with third countries to advance and promote eu and mutual interests . the partnership instrument shall support measures that respond in an effective and flexible manner to objectives arising from the union ' s bilateral , regional or multilateral relationships with third countries and address challenges of global concern . ### this regulation establishes a partnership instrument for cooperation with third countries to advance and promote eu values and mutual interests . the partnership instrument shall support measures that respond in an effective and flexible manner to objectives arising from the union ' s bilateral , regional or multilateral relationships with third countries , regions and territories and address challenges of global concern .


### the union should be able to respond in a flexible and timely manner to evolving and / or unforeseen needs in order to make its commitment to promote its interests in its relations with third countries more effective , by adopting special measures not covered by multi - annual indicative programmes . ### adequate programming , planning and enforcement measures and inter - institutional cooperation should be provided for in order to ensure that the union is able to respond in a flexible and timely manner to evolving and / or unforeseen needs in order to make its commitment to promoting mutual interests , and protecting its investments , in its relations with third countries more effective , and by adopting special measures not covered by multi - annual indicative programmes .


### the examination procedure referred in paragraph shall not apply to non - substantial modifications to multiannual indicative programmes , making technical adjustments , reassigning funds within the indicative allocations per priority area or increasing or decreasing the size of the initial overall allocation by less than 20% , provided that these modifications do not affect the priority areas and objectives set out in the multi - annual indicative programmes . such adjustments shall be communicated within one month to the european parliament and to the council . ### the procedure referred in paragraph 1 shall not apply to non - substantial modifications to multiannual indicative programmes , making technical adjustments , reassigning funds within the indicative allocations per priority area or increasing or decreasing the size of the initial allocation by less than 10% , provided that these modifications do not affect the priority areas and objectives set out in the multi - annual indicative programmes . such adjustments shall be adopted by the commission in accordance with the advisory procedure referred to in article 15 of the common implementing regulation and shall be communicated within one month to the european parliament and to the council .


### it is in the union’s interest to deepen its relations with partners who are playing an increasingly important role in the international economy and trade , in south - south trade and cooperation , in multilateral fora including group of twenty finance ministers and central bank governors , in global governance and in addressing challenges of global concern . the union needs to build comprehensive partnerships with new players on the international scene , in order to promote a stable and inclusive international order , pursue common global public goods , defend core interests of the union and increase knowledge of the union in these countries . ### it is in the union’s interest to deepen its relations with partners who are playing an increasingly important role in the international economy and trade , in south - south trade and cooperation , in multilateral fora including the world trade organization and the group of twenty finance ministers and central bank governors , in global governance and in addressing challenges of global concern . the union needs to build comprehensive partnerships with new players on the international scene , in order to promote a stable and inclusive international order , pursue common global public goods , defend core interests of the union and increase knowledge of the union in these countries .


### in order to adapt the scope of this regulation to the rapidly evolving reality in third countries , the power to adopt acts in accordance with article 290 of the treaty of the functioning of the european union should be delegated to the commission in respect of the detailed areas of cooperation defined in the annex . it is of particular importance that the commission should 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 to the council . ### modifications within the detailed areas of cooperation , adoption of multi - annual indicative programmes , and adjustments of the indicative financial allocation constitute non - essential elements of this regulation . consequently , in order to adapt the scope of this regulation to the rapidly evolving reality in third countries , the power to adopt acts in accordance with article 290 of the treaty of the functioning of the european union should be delegated to the commission in respect of the detailed areas of cooperation defined in the annex , adoption of multi - annual indicative programmes as defined in article 5 , and the indicative allocations per programme set out in annex ia . it is of particular importance that the commission should 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 to the council .


### this regulation shall enter into force on the third day following its publication in the official journal of the european union . it shall apply from 1 january 2014 . ### this regulation shall enter into force on the third day following its publication in the official journal of the european union . it shall apply from 1 january 2014 to 31 december 2020 .


### implementing the international dimension of the ' europe 2020 ' strategy by supporting union ' s bilateral , regional and inter - regional cooperation partnership strategies , by promoting policy dialogues and by developing collective approaches and responses to challenges of global concern such as energy security , climate change and environment . this objective shall be measured by the uptake of the ' europe 2020 ' policies and objectives by key partner countries ; ### implementing the international dimension of the europe 2020 strategy by supporting union ' s bilateral , regional and inter - regional cooperation partnership strategies , by promoting policy dialogues and by developing and coordinating collective approaches and responses to challenges of global concern such as energy security , climate change and environment . this objective shall be measured by the uptake of the europe 2020 policies and objectives by key partner countries ;


### in particular , fighting climate change is recognised as one of the great challenges which the union faces and the area where urgent international action is necessary . in accordance with the intent stated in the commission communication “a budget for europe 2020” of increasing the climate related proportion of the union budget to at least 20% , this regulation should contribute to that goal . ### in particular , fighting climate change is recognised as one of the great challenges facing the union and the international community and is the area where urgent international action is necessary , considering that the union ' s goals in this area can only be achieved by cooperation with its main trading partners . in accordance with the intent stated in the commission communication “a budget for europe 2020” of increasing the climate related proportion of the union budget , this regulation should contribute to that goal .


### the financial reference amount for implementation of this regulation for the period from 2014 to 2020 shall be eur 1&#160 ; 131&#160 ; 000&#160 ; 000 . annual appropriations shall be decided by the budgetary authority as part of the annual budget procedure within the limits set in the multiannual financial framework . ### the financial reference amount for implementation of this regulation for the period from 2014 to 2020 shall be eur 1&#160 ; 131&#160 ; 000&#160 ; 000 . the indicative financial allocation for the period 2014 - 2020 is laid down in annex ia . the commission shall be empowered to adopt delegated acts in accordance with article 7 to amend or supplement annex ia or to reallocate amounts between programmes . annual appropriations shall be decided by the budgetary authority as part of the annual budget procedure within the limits set in the multiannual financial framework .


### the union should be able to respond in a flexible and timely manner to evolving and / or unforeseen needs in order to make its commitment to promote its interests in its relations with third countries more effective , by adopting special measures not covered by multi - annual indicative programmes . ### the union should be able to respond in a tailor - made and timely manner to evolving needs and / or unforeseen events in order to make its commitment to promote its interests in its relations with third countries more effective , by adopting special measures not covered by multi - annual indicative programmes .


### multi - annual indicative programmes shall be adopted by the commission in accordance with the examination procedure referred to in article 15 of the common implementing regulation . this procedure shall also apply to substantial reviews which have the effect of changing significantly the strategy or its programming . ### the commission shall be empowered to adopt delegated acts in accordance with article 7 to adopt multi - annual indicative programmes . this procedure shall also apply to substantial reviews or adjustments which have the effect of changing significantly the strategy or its programming .


### notwithstanding the specific focus on global players , the scope of this regulation should be worldwide enabling to support cooperation measures with developing countries where the union has significant interests in accordance with the objectives of this regulation . ### in addition to the specific focus on global players , the scope of this regulation should potentially cover all countries worldwide which are strategic for the interests of the union , enabling to support cooperation measures with developing countries where the union has significant interests in accordance with the objectives of this regulation .


### implementing the international dimension of the &#8220 ; europe 2020&#8221 ; strategy by supporting union ' s bilateral , regional and inter - regional cooperation partnership strategies , by promoting policy dialogues and by developing collective approaches and responses to challenges of global concern such as energy security , climate change and environment . this objective shall be measured by the uptake of the &#8220 ; europe 2020&#8221 ; policies and objectives by key partner countries ; ### implementing the international dimension of the &#8220 ; europe 2020&#8221 ; strategy in order to strengthen the complementary relationship between internal and external union policies &#8211 ; especially in the field of innovation , research , and competitiveness &#8211 ; by supporting union ' s bilateral , regional and inter - regional cooperation partnership strategies , by promoting policy dialogues and by developing collective approaches and responses to challenges of global concern such as energy security , climate change and environment . this objective shall be measured by the uptake of the &#8220 ; europe 2020&#8221 ; policies and objectives by key partner countries and influence on policy formulation in those countries ;


### enhancing widespread understanding and visibility of the union and its role on the world scene by means of public diplomacy , education / academic cooperation and outreach activities to promote union ' s values and interests . this objective may be measured , inter alia , by opinion surveys or evaluations . ### enhancing widespread understanding and visibility of the union and its role on the world scene by means of public diplomacy , education / academic cooperation and outreach activities to promote the union ' s values and interests . projects carried out in this regard should meet results - based criteria and also be measured , inter alia , by opinion surveys or evaluations .


### improving market access and developing trade , investment and business opportunities for european companies by means of economic partnerships and business and regulatory cooperation . this objective shall be measured by the union’s share in foreign trade with key partner countries and by trade and investments flows to partner countries specifically targeted by actions , programmes and measures under this regulation ; ### improving access to third country markets , boosting trade , eliminating barriers to trade and investment while also counteracting unwarranted and / or unjustified protectionist measures and regulatory barriers , by promoting international standards , improving the protection of intellectual property rights , and creating a secure climate for investment and new trading opportunities for european companies worldwide , in particular for small and medium - sized enterprises , by means of economic partnerships , business and legal and taxation regulatory cooperation , and support programmes and instruments to promote sme internationalisation ; this objective shall be measured by the union’s share in foreign trade with key partner countries and by trade and investment flows to all partner countries specifically targeted by actions , programmes and measures under this regulation ;


### the promotion of initiatives and actions of union or mutual interest in areas such as climate change , environmental matters including biodiversity , resource efficiency , raw materials , energy , transport , science , research and innovation , employment and social policy , sustainable development , including promotion of decent work , and corporate social responsibility , south - south trade and cooperation , education , culture , tourism , information and communication technologies , health , justice , customs , taxation , financial , statistics and any other matter pertaining to the union’s specific interests or of mutual interest between the union and third countries ; ### the promotion of initiatives and actions of union or mutual interest in areas such as climate change , environmental matters including biodiversity , resource efficiency , raw materials , energy , transport , science , research and innovation , consolidation of regional and local authorities and civil society , employment and social policy , sustainable development , including promotion of decent work , and corporate social responsibility , south - south and north - south trade and cooperation , education , vocational training , culture , tourism , local development , information and communication technologies , health , justice , customs , intellectual property rights , data protection , taxation , financial and statistics matters pertaining to the union’s specific interests or of mutual interest between the union and third countries ;


### in order to achieve the objectives of this regulation it is necessary to pursue a differentiated and flexible approach by developing models for cooperation with key partner countries which take into account their economic , social and political contexts and also the union’s specific interests , policy priorities and strategies , whilst maintaining the ability to intervene all over the world wherever needed . ### in order to achieve the objectives of this regulation it is necessary to pursue a differentiated and flexible approach by developing models for cooperation with key partner countries which take into account their economic , social and political contexts and also the union’s specific interests , policy priorities and strategies , whilst maintaining the ability to intervene all over the world wherever needed . the union should use an integrated approach with regard to trade , foreign , development , agricultural , environmental and research policies .


### in implementing this regulation , the union shall aim to ensure coherence and consistency with other areas of its external action , in particular the development cooperation instrument for developing countries , and with other relevant union’s policies when formulating policy , strategic planning and programming and implementing measures . ### in implementing this regulation , coherence and consistency shall be ensured with other areas of union external action , in particular the development cooperation instrument for developing countries , and with other relevant union’s policies when formulating policy , strategic planning and programming and implementation of measures . the union shall ensure that environmental , sustainable energy , social , employment and other welfare values are adequately considered in programming and implementation .


### enhancing widespread understanding and visibility of the union and its role on the world scene by means of public diplomacy , education / academic cooperation and outreach activities to promote union’s values and interests . this objective may be measured , inter alia , by opinion surveys or evaluations . ### enhancing widespread understanding and visibility of the union and its role on the world scene by means of public diplomacy , education / academic cooperation and outreach activities to promote union’s values and interests . this objective may be measured by better perception and enhanced mutual understanding of the union in key partner countries illustrated , inter alia , by opinion surveys or evaluations .


### to enhance the impact of the union’s assistance , a differentiated and flexible approach shall be pursued , where appropriate , in designing cooperation with partner countries to take account of their economic , social and political contexts as and also of the union’s specific interests , policy priorities and strategies ### to enhance the impact of the union’s assistance , a differentiated and flexible approach shall be pursued , where appropriate , in designing cooperation with third countries to take account of their economic , social and political contexts and also of the union’s specific interests , policy priorities and strategies .


### the delegation of powers referred to in article 4 shall be conferred for the period of validity of this regulation . ### the delegation of powers referred to in articles 4 , 5 and 8 shall be conferred for the period of validity of this regulation .


### measures financed under this regulation shall be based , where appropriate , on cooperation policies set out in instruments such as agreements , declarations and action plans between the union and the third countries and regions concerned , and shall also relate to areas linked to the union’s specific interests , policy priorities and strategies . ### measures financed under this regulation shall be based , where appropriate , on cooperation policies set out in instruments such as agreements , declarations and action plans between the union and the third countries , regions and territories concerned , and shall be aimed at improving their implementation capacity , on the union’s decisions , specific interests , policy priorities and strategies . the union ' s strategy for promoting trade , investment and economic cooperation shall be based on a thorough analysis of current trends in world trade , the union ' s internal and external development and the diversity of european enterprises , their know - how and their technological advances .


### the procedure referred in article 15 of the common implementing regulation may be applied for modifying multiannual indicative programmes where a swift response from the union is required . ### the procedure referred in article 15 of the common implementing regulation may be applied for modifying multiannual indicative programmes on duly justified imperative grounds of urgency where a swift response from the union is required .


### in particular , fighting climate change is recognised as one of the great challenges which the union faces and the area where urgent international action is necessary . in accordance with the intent stated in the commission communication ‘ a budget for europe 2020’ of increasing the climate related proportion of the union budget to at least 20% , this regulation should contribute to that goal . ### fighting climate change is recognised as one of the global challenges and an area where urgent international action is necessary . therefore , the union should act with a view to securing a global deal on tackling climate change .


### in particular , fighting climate change is recognised as one of the great challenges which the union faces and the area where urgent international action is necessary . in accordance with the intent stated in the commission communication “a budget for europe 2020” of increasing the climate related proportion of the union budget to at least 20% , this regulation should contribute to that goal . ### in particular , fighting climate change is recognised as one of the great challenges facing the union and the international community and is the area where urgent international action is necessary , considering that the union ' s goals in this area can only be achieved by cooperation with its main trading partners . in accordance with the intent stated in the commission communication “a budget for europe 2020” of increasing the climate related proportion of the union budget , this regulation should contribute to that goal .


### in order to ensure uniform conditions for the implementation of this regulation , implementing powers should be conferred on the commission . those powers should be exercised in accordance with regulation n° 182 / 2011 of 16 february 2011 laying down the rules and general principles concerning the mechanisms of control by member states of the commission’s exercise of implementing powers . taking into account the nature of those implementing acts , in particular their policy orientation nature or their financial implications , the examination procedure should in principle be used for their adoption , except for technical implementing measures of a small financial scale . ### in order to ensure uniform conditions for the implementation of this regulation , implementing powers should be conferred on the commission . those powers should be exercised in accordance with regulation n° 182 / 2011 of 16 february 2011 laying down the rules and general principles concerning the mechanisms of control by member states of the commission’s exercise of implementing powers . taking into account the nature of those implementing acts , in particular their financial implications , the advisory procedure should in principle be used for their adoption .


### the union should be able to respond in a flexible and timely manner to evolving and / or unforeseen needs in order to make its commitment to promote its interests in its relations with third countries more effective , by adopting special measures not covered by multi - annual indicative programmes . ### adequate programming , planning and enforcement measures and inter - institutional cooperation should be provided for in order to ensure that the union is able to respond in a flexible and timely manner to evolving and / or unforeseen needs in order to make its commitment to promoting mutual interests , and protecting its investments , in its relations with third countries more effective , and by adopting special measures not covered by multi - annual indicative programmes .


### notwithstanding the specific focus on global players , the scope of this regulation should be worldwide enabling to support cooperation measures with developing countries where the union has significant interests in accordance with the objectives of this regulation . ### notwithstanding the specific focus on global players , the scope of this regulation should be worldwide enabling to support cooperation measures both with developed and developing countries where there are significant mutual interests in accordance with the objectives of this regulation .


### the facilitation of trade relations and trade integration processes , including south - south , support to union investment flows and economic partnerships , including a focus on small and medium - sized enterprises ; ### the facilitation of economic and trade relations and trade integration processes , including south - south , and the consolidation of trading relations with emerging macro - areas important to the union , support to union investment flows and economic partnerships , including a focus on small and medium - sized enterprises ; support measures and instruments to promote sme internationalisation ; improvements to the protection of intellectual property rights , intensification of regulatory dialogue , facilitation of access to third - country markets , and best practices in economics , trade , tax and financial matters ;


### to enhance the impact of the union’s assistance , a differentiated and flexible approach shall be pursued , where appropriate , in designing cooperation with partner countries to take account of their economic , social and political contexts as and also of the union’s specific interests , policy priorities and strategies . ### to enhance the impact of the union’s assistance , a differentiated and flexible approach shall be pursued , where appropriate , in designing cooperation with partner countries , regions and territories to take account of their economic , social and political contexts as and also of the union’s specific interests , policy priorities and strategies .


### it is in the union’s interest to deepen its relations with partners who are playing an increasingly important role in the international economy and trade , in south - south trade and cooperation , in multilateral fora including group of twenty finance ministers and central bank governors , in global governance and in addressing challenges of global concern . the union needs to build comprehensive partnerships with new players on the international scene , in order to promote a stable and inclusive international order , pursue common global public goods , defend core interests of the union and increase knowledge of the union in these countries . ### it is in the union’s interest to deepen its relations with countries that are playing an increasingly important role in the international economy and trade , in south - south trade and cooperation , in multilateral fora , in particular the group of seven finance ministers , the group of 8 heads of state and government and the group of twenty finance ministers and central bank governors , in global governance and in addressing challenges of global concern .


### multi - annual indicative programmes shall be adopted by the commission in accordance with the examination procedure referred to in article 15 of the common implementing regulation . this procedure shall also apply to substantial reviews which have the effect of changing significantly the strategy or its programming . ### the commission shall be empowered to adopt delegated acts in accordance with article 7 to adopt multi - annual indicative programmes . this procedure shall also apply to substantial reviews or adjustments which have the effect of changing significantly the strategy or its programming .


### 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 plans in accordance with their medium - term budgetary framework based on independent macroeconomic forecast together with their stability programmes , preferably by mid - april and no later than 30 april .


### member states shall have in place numerical fiscal rules on the budget balance that implement in the national budgetary processes their medium - term budgetary objective as defined in article 2a of regulation no 1466 / 97 . such rules shall cover the general government as a whole and be of binding , preferably constitutional , nature . ### member states shall have in place numerical fiscal rules on the budget balance that implement in the national budgetary processes their medium - term budgetary objective as defined in article 2a of regulation no 1466 / 97 . such rules shall cover the general government as a whole and be of binding , preferably constitutional , nature . member states may deviate temporarily from the medium - term objective or the adjustment path towards it in exceptional circumstances , provided that such deviation does not endanger fiscal sustainability in the medium term .


### 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 country - specific recommendations given in the european semester , 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 .


### member states shall make public annually their medium - term fiscal plans in accordance with their medium - term budgetary framework based on independent macroeconomic forecasts together with their stability programmes , no later than 15 april . ### member states shall , in the context of the european semester defined in article 2a of regulation no 1466 / 97 , make public , at the latest by 30 april each year , their national medium - term fiscal plans in accordance with their medium - term budgetary framework , based on credible and independent macroeconomic forecasts . the underlying forecasts shall be made public . these plans shall be presented together with the nrps and scps and shall be fully compatible with the policy guidelines based on the annual growth survey and the annual reports under the macroeconomic imbalances procedure drawn up pursuant to regulation no 1174 / 2011 and regulation no 1176 / 2011 .


### 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 .


### this gradually strengthened surveillance will further complement the existing provisions of the stability and growth pact and strengthen the surveillance of budgetary discipline in member states whose currency is the euro . a gradually enhanced monitoring procedure should contribute to better budgetary outcomes to the benefit of all member states whose currency is the euro . as part of a gradually strengthened procedure , a closer monitoring is particularly valuable to member states that are subject to an excessive deficit procedure . ### this gradually strengthened surveillance will further complement the existing provisions of the stability and growth pact and strengthen the surveillance of budgetary discipline in member states whose currency is the euro . a gradually enhanced monitoring procedure should ultimately contribute to better budgetary outcomes to the benefit of all member states whose currency is the euro and to the benefit of the euro area as a whole . as part of a gradually strengthened procedure , a closer monitoring is particularly valuable to member states that are subject to an excessive deficit procedure .