### this directive shall be without prejudice to the recovery of sums unduly paid in the context of the commission of the criminal offences referred to in title ii . ### this directive shall be without prejudice to the recovery of sums unduly paid in the context of the commission of the criminal offences referred to in articles 3 , 4 and 5 . member states shall take the necessary measures to ensure the prompt recovery of such sums and their transfer to the union budget , without prejudice to the relevant union sector - specific rules on financial corrections and recovery of amounts unduly spent . member states shall also keep regular records of the sums recovered and inform the relevant union institutions or bodies about those sums , or of the reasons for which they could not be recovered .


### the laws , regulations and administrative provisions of member states , being liable to cause barriers to trade within the union , need to be harmonised in order to guarantee the free movement of pyrotechnic articles within the internal market whilst ensuring a high level of protection of human health and safety and the protection of consumers and professional end users . ### the laws , regulations and administrative provisions of member states , being liable to cause barriers to trade within the union , need to be harmonised in order to guarantee the free movement of pyrotechnic articles within the internal market whilst ensuring a high level of protection of human health and safety and the protection of consumers , including a high level of protection of vulnerable consumers in those cases where the pyrotechnic articles are not intended for professional use , and professional end users .


### the existing system should be supplemented by a procedure under which interested parties are informed of measures intended to be taken with regard to pyrotechnic articles presenting a risk to the health and safety of persons or to other aspects of public interest protection . it should also allow market surveillance authorities , in cooperation with the relevant economic operators , to act at an earlier stage in respect of such pyrotechnic articles ### the existing system should be supplemented by a procedure under which interested parties are informed of measures intended to be taken with regard to pyrotechnic articles presenting a risk to the health and safety of persons , including the safety of children , the elderly and persons with disabilities in those cases where the pyrotechnic articles are not intended for professional use , or to other aspects of public interest protection . it should also allow market surveillance authorities , in cooperation with the relevant economic operators , to act at an earlier stage in respect of such pyrotechnic articles


### ‘ placing on the market’ means the first making available of a pyrotechnic article on the union market ; ### ' making available on the market ' means the supply of a pyrotechnic article for distribution , consumption or use on the union market in the course of a commercial activity , whether in return for payment or free of charge ;


### ‘ making available on the market’ means any supply of a pyrotechnic article for distribution , consumption or use on the union market in the course of a commercial activity , whether in return for payment or free of charge ; ### ' placing on the market ' means the first making available of a pyrotechnic article on the union market ;


### ‘ economic operators’ means the manufacturer , the importer and the distributor ; ### ‘ economic operator’ means a manufacturer , an importer or a distributor ;


### ‘ harmonised standard’ means harmonised standards as defined in article 2c of regulation eu no [ . . / . . ] [ on european standardisation ] ; ### ‘ harmonised standard’ means a standard as defined in article 2 of regulation no [ . . / . . ] [ on european standardisation ] ;


### this directive shall not preclude measures taken by a member state to prohibit or restrict the possession , use and / or the sale to the general public of category 2 and 3 fireworks , theatrical pyrotechnic articles and other pyrotechnic articles , which measures are justified on grounds of public order , security or safety , or environmental protection . ### this directive shall not preclude measures taken by a member state to prohibit or restrict the possession , use and / or the sale to the general public of category 2 and 3 fireworks , theatrical pyrotechnic articles and other pyrotechnic articles , which measures are justified on grounds of public order , health , security or safety , or environmental protection .


### age limits ### age limits and other limitations


### pyrotechnic articles shall not be made available on the market below the following age limits : ### pyrotechnic articles shall not be made available on the market to end - users below the following age limits :


### member states may increase the age limits set out in paragraph 1 where justified on grounds of public order , security or safety . member states may also lower the age limits for persons vocationally trained or undergoing such training . ### member states may increase the age limits set out in paragraph 1 where justified on grounds of public order , health , security or safety . member states may also lower the age limits for persons vocationally trained or undergoing such training .


### manufacturers shall draw up the technical documentation referred to in annex ii and carry out the relevant conformity assessment procedure referred to in article 16 . ### manufacturers shall draw up the technical documentation referred to in annex ii and have the relevant conformity assessment procedure referred to in article 16 carried out .


### manufacturers shall ensure that pyrotechnic articles other than pyrotechnic articles for vehicles are labelled visibly , legibly and indelibly in the official language of the member state in which the article is made available to the consumer . ### manufacturers shall ensure that pyrotechnic articles other than pyrotechnic articles for vehicles are labelled visibly , legibly and indelibly in the official language of the member state in which the article is made available to the consumer . such labelling as well as any instructions and safety information shall be clear , understandable and intelligible .


### the labelling of pyrotechnic articles shall include as a minimum the name and address of the manufacturer or , where the manufacturer is not established in the union , the name of the manufacturer and the name and address of the importer , the name and type of the article , the registration number , the minimum age limits set out in article 7 and , the relevant category and instructions for use , the year of production for category 3 and 4 fireworks and , where appropriate , a minimum safety distance . the labelling shall include the net explosive content . ### the labelling of pyrotechnic articles shall include as a minimum the name and address of the manufacturer or , where the manufacturer is not established in the union , the name of the manufacturer and the name and address of the importer , the name and type of the article , the registration number , in order to ensure the traceability of the pyrotechnic article , the minimum age limits set out in article 7 and , the relevant category and instructions for use , the year of production for category 3 and 4 fireworks and , where appropriate , a minimum safety distance . the labelling shall include the net explosive content .


### the labelling of pyrotechnic articles for vehicles shall include the name of the manufacturer the name and type of the article , the registration number and the safety instructions . ### the labelling of pyrotechnic articles for vehicles shall include the name of the manufacturer the name and type of the article , the registration number and , where necessary , the safety instructions .


### a safety data sheet compiled in accordance with the annex to regulation no 1907 / 2006 of the european parliament and of the council16 shall be supplied to professional users in the language requested by them . ### instructions for safe handling containing the information relevant for professional users in accordance with regulation no 1907 / 2006 of the european parliament and of the council16 shall be supplied to professional users in the language requested by them .


### the safety data sheet may be supplied on paper or electronically , provided that the addressee has the necessary means of accessing it . ### the instruction for safe handling may be supplied on paper or electronically , provided that the addressee has the necessary means of accessing it .


### before placing a pyrotechnic article on the market importers shall ensure that the appropriate conformity assessment procedure referred to in article 16 has been carried out by the manufacturer . they shall ensure that the manufacturer has drawn up the technical documentation , that the pyrotechnic article bears the ce marking and that the manufacturer has complied with the labelling requirements set out in article 9 or 10 . ### before placing a pyrotechnic article on the market importers shall ensure that the appropriate conformity assessment procedure referred to in article 16 has been carried out by the manufacturer . they shall ensure that the manufacturer has drawn up the technical documentation , that the pyrotechnic article bears the ce marking and is accompanied by the required documents , and that the manufacturer has complied with the labelling requirements set out in article 9 or 10 .


### importers shall indicate their name and the address at which they can be contacted on the pyrotechnic article or , where that is not possible , on its packaging or in a document accompanying the pyrotechnic article . ### importers shall indicate their name , registered trade name or registered trade mark , their web address in a language easily understood by customers and market surveillance authorities , and the address at which they can be contacted on the pyrotechnic article or , where that is not possible , on its packaging or in a document accompanying the pyrotechnic article .


### importers shall indicate their name and the address at which they can be contacted on the pyrotechnic article or , where that is not possible , on its packaging or in a document accompanying the pyrotechnic article . ### where relevant according to article 9 , importers shall indicate their name and the address at which they can be contacted on the pyrotechnic article or , where that is not possible , on its packaging or in a document accompanying the pyrotechnic article .


### economic operators shall , on request , identify the following to the market surveillance authorities : ### economic operators shall , on request , specify the following to the market surveillance authorities :


### economic operators shall be able to present the information referred to in the first paragraph for a period of 10 years after they have been supplied with the pyrotechnic article and for a period of 10 years after they have supplied the pyrotechnic article . ### economic operators shall present the information referred to in the first paragraph for a period of 10 years after they have been supplied with the pyrotechnic article and for a period of 10 years after they have supplied the pyrotechnic article . economic operators shall not be required to update that information after supply is finalised .


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


### by drawing up the eu declaration of conformity , the manufacturer shall assume responsibility for the compliance of the pyrotechnic article . ### by drawing up the eu declaration of conformity , the manufacturer shall assume responsibility for the compliance of the pyrotechnic article with the requirements laid down in this directive .


### the ce marking and , where applicable , the identification number referred to in paragraph 3 may be followed by a pictogram or any other mark indicating a special risk or use . ### the ce marking and , where applicable , the identification number referred to in paragraph 3 may be followed by any mark indicating a special risk or use .


### member states shall designate a notifying authority that shall be responsible for setting up and carrying out the necessary procedures for the assessment and notification of conformity assessment bodies and the monitoring of notified bodies , including compliance with article 26 . ### member states shall designate a single notifying authority that shall be responsible for setting up and carrying out the necessary procedures for the assessment and notification of conformity assessment bodies and the monitoring of notified bodies , including compliance with article 26 .


### a conformity assessment body , its top level management and the personnel responsible for carrying out the conformity assessment tasks shall not be the designer , manufacturer , supplier , installer , purchaser , owner , user or maintainer of pyrotechnic articles and / or explosive substances which they assess . this shall not preclude the use of pyrotechnic articles and / or explosive substances that are necessary for the operations of the conformity assessment body or the use of such products for personal purposes . ### a conformity assessment body , its top level management and the personnel responsible for carrying out the conformity assessment tasks shall not be the designer , manufacturer , supplier , installer , purchaser , owner , user or maintainer of pyrotechnic articles and / or explosive substances which they assess . the conformity assessment body shall not be the manufacturer of pyrotechnic articles and / or explosive substances in general . this shall not preclude the use of pyrotechnic articles and / or explosive substances that are necessary for the operations of the conformity assessment body or the use of such products for personal purposes .


### member states shall ensure that an appeal procedure against decisions of the notified bodies is available . ### member states shall ensure that an efficient , quick and impartial appeal procedure against decisions of the notified bodies is available .


### member states shall inform the commission annually about their market surveillance activities . ### member states shall provide the commission annually with details of the activities of their market surveillance authorities and of any plans for and increase of market surveillance , including the allocation of more resources , the increase of efficiency and the building of the necessary capacity for achieving those goals .


### where the market surveillance authorities of one member state have taken action pursuant to article 20 of regulation no 765 / 2008 , or where they have sufficient reasons to believe that a pyrotechnic article presents a risk to the health or safety of persons or to other aspects of public interest protection covered by this directive , they shall carry out an evaluation in relation to the pyrotechnic article concerned covering all the requirements laid down in this directive . the relevant economic operators shall cooperate as necessary with the market surveillance authorities . ### where the market surveillance authorities of one member state have taken action pursuant to article 20 of regulation no 765 / 2008 , or where they have sufficient reasons to believe that a pyrotechnic article presents a risk to the health or safety of persons or to other aspects of public interest protection covered by this directive , they shall carry out an evaluation in relation to the pyrotechnic article concerned covering all the relevant requirements laid down in this directive . the relevant economic operators shall cooperate as necessary with the market surveillance authorities .


### member states shall ensure that appropriate restrictive measures are taken in respect of the pyrotechnic article concerned without delay . ### member states shall ensure that appropriate restrictive measures are taken in respect of the pyrotechnic article concerned , such as withdrawal of the pyrotechnic article from their market , without delay .


### where the national measure is considered justified and the non - compliance of the pyrotechnic article is attributed to a shortcoming in the harmonised standards referred to in article 15 of this directive , the commission shall apply the procedure provided for in article 8 of regulation no [ . . / . . ] [ on european standardisation ] . ### where the national measure is considered justified and the non - compliance of the pyrotechnic article is attributed to a shortcoming in the harmonised standards referred to in article 15 of this directive , the commission shall apply the procedure provided for in article 8 of regulation no [ . . / . . ] [ on european standardisation ] after having consulted the committee provided for in article 45 .


### member states shall lay down rules on penalties applicable to infringements of the provisions of national law adopted pursuant to this directive and shall take all the measures necessary to ensure that they are enforced . ### member states shall build upon existing mechanisms to ensure correct application of the regime governing the ce marking and shall take appropriate action in the event of improper use of the marking . member states shall lay down rules on penalties applicable to infringements by economic operators of the provisions of national law adopted pursuant to this directive and shall take all the measures necessary to ensure that they are enforced . such rules may include criminal penalties for serious infringements .


### the penalties provided for shall be effective , proportionate and dissuasive . ### the penalties referred to in the first paragraph shall be effective , proportionate to the seriousness of the offence , and dissuasive .


### member states shall notify those provisions to the european commission by 3 july 2013 at the latest and shall notify it without delay of any subsequent amendment affecting them . ### member states shall notify those provisions to the european commission by 3 july 2013 and shall notify it without delay of any subsequent amendment affecting them . the commission shall make those provisions publicly available by publishing them on the internet .


### by way of derogation from paragraph 3 , national authorisations for pyrotechnic articles for vehicles granted before 4 july 2013 shall continue to be valid until their expiry . ### by way of derogation from paragraph 3 , national authorisations for pyrotechnic articles for vehicles type approved before 4 july 2013 , including their spare parts , shall continue to be valid until their expiry .


### member states shall communicate to the commission the text of the main provisions of national law which they adopt in the field covered by this directive . ### member states shall communicate to the commission the text of the main provisions of national law which they adopt in the field covered by this directive . the commission shall make those provisions publicly available by publishing them on the internet .


### the manufacturer shall take all measures necessary so that the manufacturing process and its monitoring ensure conformity of the manufactured products with the type described in the eu type examination certificate and with the requirements of this directive that apply to them . ### the manufacturer shall take all measures necessary so that the manufacturing process and its monitoring ensure conformity of the manufactured pyrotechnic articles with the type described in the eu type examination certificate and with the requirements of this directive that apply to them .


### a notified body , chosen by the manufacturer , shall carry out product checks or have them carried out at random intervals determined by the body , in order to verify the quality of the internal checks on the pyrotechnic article , taking into account , inter alia , the technological complexity of the pyrotechnic articles and the quantity of production . an adequate sample of the final products , taken on site by the notified body before the placing on the market , shall be examined and appropriate tests as identified by the relevant parts of the harmonised standards and / or technical specifications , or equivalent tests , shall be carried out to check the conformity of the pyrotechnic article with the type described in the eu type examination certificate and with the relevant requirements of this directive . where a sample does not conform to the acceptable quality level , the body shall take appropriate measures . ### an accredited in - house body or a notified body , chosen by the manufacturer , shall carry out product checks or have them carried out at random intervals determined by the body , in order to verify the quality of the internal checks on the pyrotechnic article , taking into account , inter alia , the technological complexity of the pyrotechnic articles and the quantity of production . an adequate sample of the final products , taken on site by the notified body before the placing on the market , shall be examined and appropriate tests as identified by the relevant parts of the harmonised standards and / or technical specifications , or equivalent tests , shall be carried out to check the conformity of the pyrotechnic article with the type described in the eu type examination certificate and with the relevant requirements of this directive . where a sample does not conform to the acceptable quality level , the body shall take appropriate measures .


### in order to enhance consistency and comparability of non - financial information disclosed throughout the union , companies should be required to include in their annual report a non - financial statement containing information relating to at least environmental matters , social and employee - related matters , respect for human rights , anti - corruption and bribery matters . such statement should include a description of the policies , results , and the risks related to those matters . ### in order to enhance consistency and comparability of non - financial information disclosed throughout the union , companies should be required to include in their annual report a non - financial statement containing information relating to at least environmental matters , social and employee - related matters , respect for human rights , anti - corruption and bribery matters . such statement should include a description of the policies , results , and the risks related to those matters . it should also include companies’ supply chains and their subcontractors in the case of major actors in these chains .


### the european council of 24 and 25 march 2011 called for the overall regulatory burden , in particular for small and medium - sized enterprises , to be reduced at both european and national levels and suggested measures to increase productivity while the europe 2020 strategy for smart , sustainable and inclusive growth aims to improve the business environment for smes and to promote their internationalisation . thus , according to the ‘ think - small - first’ principle , the disclosure requirements under directive 78 / 660 / eec and directive 83 / 349 / eec should only apply to certain large undertakings and groups . ### the european council of 24 and 25 march 2011 called for the overall regulatory burden , in particular for small and medium - sized enterprises , to be reduced at both european and national levels , welcomed the intention of the commission to propose ways of exempting micro - enterprises from certain regulations , and suggested measures to increase productivity while the europe 2020 strategy for smart , sustainable and inclusive growth aims to improve the business environment for smes and to promote their internationalisation . thus , according to the ‘ think - small - first’ principle , the disclosure requirements under directive 78 / 660 / eec and directive 83 / 349 / eec should only apply to certain large undertakings and groups .


### the scope of these non - financial disclosure requirements should be defined by reference to the average number of employees , total assets and turnover . smes should be exempted from additional requirements , and the obligation to disclose a non - financial statement in the annual report should only apply to those companies whose average number of employees exceeds 500 , and exceed either a balance sheet total of eur 20 million or a net turnover of eur 40 million . ### the scope of these non - financial disclosure requirements should be defined by reference to the average number of employees , total assets and turnover . micro - enterprises and smes should be exempted from additional requirements , and the obligation to disclose a non - financial statement in the annual report should only apply to those companies whose average number of employees exceeds 500 , and exceed either a balance sheet total of eur 20 million or a net turnover of eur 40 million .


### in providing such information the company may rely on national , eu - based or international frameworks and , if so , shall specify which frameworks it has relied upon . ### in providing such information the company may rely on national , eu - based or international frameworks , such as : the eco - management and audit scheme , and international frameworks such as the united nations global compact , the guiding principles on business and human rights implementing the un “protect , respect and remedy” framework , the organisation for economic co - operation and development guidelines for multinational enterprises , the international organisation for standardisation 26000 , the international labour organization tripartite declaration of principles concerning multinational enterprises and social policy , and the global reporting initiative .


### in providing such information the consolidated annual report may rely on national , eu - based or international frameworks and if so , shall specify which frameworks it has relied upon . ### in providing such information the company may rely on national , eu - based or international frameworks , such as : the eco - management and audit scheme , and international frameworks such as the united nations global compact , the guiding principles on business and human rights implementing the un “protect , respect and remedy” framework , the organisation for economic co - operation and development guidelines for multinational enterprises , the international organisation for standardisation 26000 , the international labour organization tripartite declaration of principles concerning multinational enterprises and social policy , and the global reporting initiative .


### national authorities should inform third - country nationals who apply for admission to the member states under this directive of a decision on the application . they should do so in writing as soon as possible and , at the latest within 60 days , or , as soon as possible and at the latest within 30 days in the case of researchers and students covered by union programmes including mobility measures , starting from the date of the application . ### national authorities should inform third - country nationals who apply for admission to the member states under this directive of a decision on the application . they should do so in writing as soon as possible and , at the latest within 90 days , or , as soon as possible and at the latest within 45 days in the case of researchers and students covered by union programmes including mobility measures , starting from the date of the application .


### to make the union more attractive for third - country national researchers , students , pupils , trainees , volunteers and au pairs , it is important to ensure their fair treatment in accordance with article 79 of the treaty . these groups are entitled to equal treatment with nationals of the host member state under directive 2011 / 98 / eu of the european parliament and of the council of 13 december 2011 on a single application procedure for a single permit for third - country nationals to reside and work in the territory of a member state and on a common set of rights for third - country workers legally residing in a member state . more favourable rights to equal treatment with nationals of the host member state as regards branches of social security as defined in regulation no 883 / 2004 on the coordination of social security schemes should be maintained for third - country national researchers , in addition to the rights granted under directive 2011 / 98 / eu . currently the latter foresees a possibility for member states to limit equal treatment with regard to branches of social security , including family benefits , and this possibility of limitation could affect researchers . in addition , independently on whether union or national law of the host member state gives third - country national school pupils , volunteers , unremunerated trainees and au - pairs access to the labour market , they should enjoy equal treatment rights with nationals of the host member state as regards access to goods and services and the supply of goods and services made available to the public . ### to make the union more attractive for third - country national researchers , students , pupils , trainees , volunteers and au pairs , it is important to ensure their fair treatment in accordance with article 79 of the treaty . some of these groups are entitled to equal treatment with nationals of the host member state under directive 2011 / 98 / eu of the european parliament and of the council of 13 december 2011 on a single application procedure for a single permit for third - country nationals to reside and work in the territory of a member state and on a common set of rights for third - country workers legally residing in a member state . currently directive 2011 / 98 / eu foresees a possibility for member states to limit equal treatment with regard to branches of social security , including family benefits , and this possibility of limitation should also apply to researchers . in addition , independently on whether union or national law of the host member state gives third - country national school pupils , volunteers , unremunerated trainees and au - pairs access to the labour market , they should enjoy equal treatment rights with nationals of the host member state as regards access to goods and services and the supply of goods and services made available to the public .


### ‘ unremunerated trainee’ means a third - country national who has been admitted to the territory of a member state for a training period without remuneration in accordance with the national legislation of the member state concerned ; ### ‘ unremunerated trainee’ means a third - country national who has been admitted to the territory of a member state for a training period without remuneration as a part of his / her education in accordance with the national legislation of the member state concerned ;


### ' au pair ' means a third - country national who is temporarily received by a family in the territory of a member state in exchange for light housework and taking care of children in order to improve his / her linguistic skills and his / her knowledge of the host country ; ### ' au pair ' means a young third - country national who is for a defined period of time received by a host family in the territory of a member state in exchange for light housework and / or taking care of children in order to improve his / her linguistic skills and his / her knowledge of the host country ;


### present a hosting agreement signed with a research organisation in accordance with article 9 and article 9 ; ### present a hosting agreement signed with a research organisation in accordance with article 9 and article 9 and an employment contract where according to national legislation there exists an employment relationship or a certificate of scholarship ;


### produce an agreement between the au - pair and the host family defining his / her rights and obligations , including specifications about the pocket money to be received and adequate arrangements allowing him / her to attend courses , and participation in day - to - day family duties . ### produce an agreement between the au - pair and the host family defining his / her rights and obligations , including specifications about the pocket money to be received and adequate arrangements allowing or requiring him / her to attend courses , and participation in day - to - day family duties .


### where the host entity or educational establishment was established in the sole purpose of facilitating entry ; ### where the host entity or educational establishment is acting in the sole purpose of facilitating entry ;


### where the host entity was established for the sole purpose of facilitating entry ; ### where the host entity is acting for the sole purpose of facilitating entry ;


### by way of derogation from article 12 of directive 2011 / 98 / eu , third - country national researchers shall be entitled to equal treatment with nationals of the host member state as regards branches of social security , including family benefits , as defined in regulation no 883 / 2004 on the coordination of social security schemes . ### third - country national researchers shall be entitled to equal treatment with nationals of the host member state as regards branches of social security , including family benefits , as defined in regulation no 883 / 2004 on the coordination of social security schemes in accordance with article 12 of directive 2011 / 98 / eu .


### after finalisation of research or studies in the member state , third - country nationals shall be entitled to stay on the territory of the member state for a period of 12 months in order to look for work or set up a business , if the conditions laid down in points and to of article 6 are still fulfilled . in a period of more than 3 and less than 6 months , third - country nationals may be requested to provide evidence that they continue to seek employment or are in the process of setting up a business . after a period of 6 months , third - country nationals may additionally be requested to provide evidence that they have a genuine chance of being engaged or of launching a business . ### member states may decide that after finalisation of research or studies in the member state , third - country nationals shall be entitled to stay on the territory of the member state for a period of extending from 6 to 12 months in order to look for work or set up a business , if the conditions laid down in points and to of article 6 are still fulfilled and they are able to provide for themselves and , if applicable , their family . in a period of more than 3 and less than 6 months , third - country nationals may be requested to provide evidence that they continue to seek employment or are in the process of setting up a business . after a period of 6 months , third - country nationals may additionally be requested to provide evidence that they have a genuine chance of being employed or of launching a business .


### member states shall bring into force the laws , regulations and administrative provisions necessary to comply with this directive by [ two years after the entry into force ] at the latest . they shall forthwith communicate to the commission the text of those provisions . ### member states shall bring into force the laws , regulations and administrative provisions necessary to comply with this directive by [ three years after the entry into force ] at the latest . they shall forthwith communicate to the commission the text of those provisions .


### in order to apply certain provisions of regulation no 850 / 98 , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission in respect of the following : – the division of regions into geographical areas ; – to amend rules concerning the conditions for the use of certain mesh size combinations ; – to adopt detailed rules for obtaining the percentage of target species taken by more than one fishing vessel , in order to ensure that such percentages are respected by all the vessels involved in the fishing operation ; – to adopt rules concerning the technical descriptions and method of use of authorised devices that might be attached to the fishing net , and which do not obstruct or diminish the effective mesh opening of the net ; – conditions under which vessels exceeding eight meters length overall shall be permitted to use beam trawls within certain waters of the union ; – measures designed to address unexpectedly small or large recruitments of juveniles , changes in migration patterns or any other changes in the conservation status of fish stocks , with immediate effect . ### in order to enable certain provisions of this regulation to be updated efficiently to reflect technical and scientific progress , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission in respect of the following : – the division of regions into geographical areas ; – the amendment of rules concerning the conditions for the use of certain mesh size combinations ; – the adoption of detailed rules for obtaining the percentage of target species taken by more than one fishing vessel , in order to ensure that such percentages are respected by all the vessels involved in the fishing operation ; – the adoption of rules concerning the technical descriptions and method of use of authorised devices that might be attached to the fishing net , and which do not obstruct or diminish the effective mesh opening of the net ; – conditions under which vessels exceeding eight meters length overall shall be permitted to use beam trawls within certain waters of the union ; – measures designed to address unexpectedly small or large recruitments of juveniles , changes in migration patterns or any other changes in the conservation status of fish stocks , with immediate effect . - acts determining which gears are to be considered to have equivalent high selectivity for the fishing of norway lobster in ices sub - area vi . - acts excluding specific fisheries of a member state , in ices sub - areas viii , ix and x , from the application of certain provisions for gillnets , entangling nets and trammel nets , with a very low level of shark by - catches and of discards .


### it is of particular importance that the commission carry out appropriate consultations during its preparatory work for the adoption of delegated acts , including at expert level . ### it is of particular importance that the commission carry out appropriate consultations during its preparatory work , especially at expert level , in order to obtain objective , rigorous , complete and up - to - date information .


### the regions referred to in paragraph 1 may be divided into geographical areas , in particular on the basis of the definitions referred to in paragraph 2 . the commission shall be empowered to adopt delegated acts in accordance with article 48a concerning the division of regions into geographical areas for the purpose of identifying geographical areas where specific technical conservation measures apply . ### the regions referred to in paragraph 1 may be divided into geographical areas , in particular on the basis of the definitions referred to in paragraph 2 . the commission shall be empowered to adopt delegated acts in accordance with article 48a concerning the division of regions for the purpose of identifying geographical areas where specific technical conservation measures apply .


### the commission shall be empowered to establish , by means of delegated acts adopted in accordance with article 48a , technical conservation measures on the use of towed or fixed gear or on fishing activities in certain areas or during certain periods in addition to or by way of derogation to this regulation . those measures shall be designed to address unexpectedly small or large recruitments of juveniles , changes in migration patterns or any other changes in the conservation status of fish stocks , with immediate effect . ### the commission shall be empowered to establish , by means of delegated acts adopted in accordance with article 48a , technical conservation measures on the use of towed or fixed gear or on fishing activities in certain areas or during certain periods in addition to or by way of derogation to this regulation . those measures shall be designed to address unexpectedly small or large recruitments of juveniles , changes in migration patterns or any other changes in the conservation status of stocks of marine organisms , with immediate effect .


### the delegation of powers referred to in articles 2 , 4c , 4b , 16 , 29 and 45 shall be conferred for an indeterminate period of time . ### the power to adopt delegated acts referred to in articles 2 , 4c , 4b , 16 , 29 , 29d , 34b and 45 shall be conferred on the commission for a period of three years from …* . the commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the three - year period . the delegation of power shall be tacitly extended for periods of an identical duration , unless the european parliament or the council opposes such extension not later than three months before the end of each period . ______________ * oj : please insert the date of the entry into force of this regulation .


### the delegation of powers referred to in articles 2 , 4c , 4b , 16 , 29 and 45 may be revoked at any time by the european parliament or by the council . a decision of revocation shall put an end to the delegation of the power specified in that decision . it shall take effect the day following the publication of the decision in the official journal of the european union or at a later date specified therein . it shall not affect the validity of any delegated acts already in force . ### the delegation of powers referred to in articles 2 , 4c , 4b , 16 , 29 , 29d , 34b and 45 may be revoked at any time by the european parliament or by the council . a decision to revoke shall put an end to the delegation of the power specified in that decision . it shall take effect the day following the publication of the decision in the official journal of the european union or at a later date specified therein . it shall not affect the validity of any delegated acts already in force .


### a delegated act adopted pursuant to articles 2 , 4c , 4b , 16 , 29 and 45 shall enter into force only if no objection has been expressed either by the european parliament or the council within a period of 2 months of notification of that act to the european parliament and the council or if , before the expiry of that period , the european parliament and the council have both informed the commission that they will not object . that period shall be extended by 2 months at the initiative of the european parliament or the council . ### a delegated act adopted pursuant to articles 2 , 4c , 4b , 16 , 29 , 29d , 34b and 45 shall enter into force only if no objection has been expressed either by the european parliament or the council within a period of two months of notification of that act to the european parliament and the council or if , before the expiry of that period , the european parliament and the council have both informed the commission that they will not object . that period shall be extended by two months at the initiative of the european parliament or of the council .


### significant progress has been made in the international civil aviation organisation towards the adoption at the 2013 icao assembly of a framework facilitating states ' application of market - based measures to emissions from international aviation , and on developing a global market - based measure . ### in november 2012 , the icao , having started to discuss limiting emissions from aviation as long ago as 1998 , made significant progress towards the adoption at the 2013 icao assembly of a framework facilitating states ' application of market - based measures to emissions from international aviation , and on developing a global market - based measure .


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


### in order to facilitate this progress and provide momentum , it is desirable to defer enforcement of requirements relating to flights to and from aerodromes outside of the union and areas with close economic connections to the union and a shared commitment to tackle climate change arising prior to the 2013 icao assembly . action should therefore not be taken against aircraft operators in respect of requirements resulting from directive 2003 / 87 / ec of the european parliament and of the council of 13 october 2003 establishing a scheme for greenhouse gas emission allowance trading within the community arising before 1 january 2014 for reporting verified emissions and for the corresponding surrender of allowances from incoming and outgoing flights to and from such aerodromes . aircraft operators who wish to continue to comply with those requirements should be able to do so . ### in order to facilitate this progress and provide momentum , it is desirable to defer enforcement of requirements relating to flights to and from aerodromes outside of the union and areas with close economic connections to the union and a shared commitment to tackle climate change arising prior to the 2013 icao assembly . action should therefore not be taken against aircraft operators in respect of requirements relating to the calendar years 2010 to 2012 for reporting verified emissions and for the corresponding surrender of allowances from incoming and outgoing flights to and from such aerodromes resulting from directive 2003 / 87 / ec of the european parliament and of the council of 13 october 2003 establishing a scheme for greenhouse gas emission allowance trading within the community . aircraft operators who wish to continue to comply with those requirements should be able to do so .


### in order to avoid distortions of competition , this derogation should only apply in respect of aircraft operators that have either not received or have returned all free allocations which have been allocated in respect of such activities in 2012 . for the same reason , these allowances should not be taken into account for the purposes of calculating entitlements to use international credits within the framework of directive 2003 / 87 / ec . ### in order to avoid distortions of competition , this derogation should only apply in respect of aircraft operators that have either not received or have returned all free allocations which have been issued in respect of such activities for 2012 . for the same reason , these allowances should not be taken into account for the purposes of calculating entitlements to use international credits within the framework of directive 2003 / 87 / ec .


### allowances that are not issued to such operators or are returned should be cancelled . the number of aviation allowances that are auctioned will respect article 3d of directive 2003 / 87 / ec , ### aviation allowances for 2012 that are not issued to such operators or are returned should be cancelled . the number of aviation allowances that are auctioned by the member states should be reduced according to calculations of the commission , resulting in 15% of the overall amount of 2012 aviation allowances in circulation .


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


### by way of derogation from article 16 of directive 2003 / 87 / ec , member states shall take no action against aircraft operators in respect of requirements set out in article 12 and article 14 of directive 2003 / 87 / ec arising before 1 january 2014 in respect of activity to or from aerodromes in countries outside the european union that are not members of efta , dependencies and territories of eea member states or countries having signed a treaty of accession with the union , where such aircraft operators have not been issued free allocations for such activity in respect of 2012 or , if they have been issued such allowances , have returned a corresponding number of allowances to member states for cancellation . ### by way of derogation from article 16 of directive 2003 / 87 / ec , member states shall take no action against aircraft operators in respect of requirements relating to the calendar years 2010 to 2012 set out in article 12 and article 14 of directive 2003 / 87 / ec in respect of activity to or from aerodromes in countries outside the european union that are not members of efta , dependencies and territories of eea member states or countries having signed a treaty of accession with the union , where such aircraft operators have not been issued free allocations for such activity in respect of 2012 or , if they have been issued such allowances , have returned the number of 2012 aviation allowances corresponding to the share of verified tonne - kilometres of such activity in the reference year 2010 to member states for cancellation .


### the member states shall cancel all 2012 allowances in respect of flights to or from aerodromes referred to in article 1 that have either not been issued or , if issued , have been returned to them . ### the member states shall cancel all 2012 aviation allowances in respect of flights to or from aerodromes referred to in article 1 that have either not been issued or , if issued , have been returned to them . by way of derogation from article 3d of directive 2003 / 87 / ec , member states shall auction a reduced number of aviation allowances in respect of 2012 . that reduction shall be proportional to the lower number of total aviation allowances in circulation .


### technical standards ### technical standards - delegated acts


### in order to ensure uniform application of this directive , the european supervisory authorities , in accordance with articles 42 of regulation &#8230 ; / &#8230 ; [ eba ] , regulation &#8230 ; / &#8230 ; [ eiopa ] , and regulation &#8230 ; / &#8230 ; [ esma ] may develop draft technical standards , with regard to : ### the commission shall be empowered , for a period of five years , to adopt by means of delegated acts in accordance with article 290 of the treaty on the functioning of the european union , technical standards , with regard to :


### the commission may adopt the draft technical standards referred to in the first subparagraph in accordance with the procedure laid down in articles 7 of regulation … / … [ eba ] , regulation … / … [ eiopa ] , and regulation … / … [ esma ] . ### the commission may adopt the technical standards referred to in the first subparagraph in accordance with the procedure laid down in articles 7 of regulation … / … [ eba ] , regulation … / … [ eiopa ] , and regulation … / … [ esma ] .


### in order to ensure uniform application of paragraphs 2 and 4 , the european securities and markets authority may develop draft technical standards to determine the conditions of application regarding the conduct of requests for exchange of information and cross border inspections . ### the commission shall be empowered , for a period of five years , to adopt , by means of delegated acts in accordance with article 290 of the treaty on the functioning of the european union , technical standards regarding the conduct of requests for exchange of information and cross border inspections .


### the commission may adopt the draft technical standards referred to in the first subparagraph in accordance with the procedure laid down in article 7 of regulation . . . / . . . . [ esma ] . ### the commission may adopt the technical standards referred to in the first subparagraph in accordance with the procedure laid down in article 7 of regulation . . . / . . . . [ esma ] .


### in order to ensure uniform application of the directive , the european insurance and occupational pension authority established by regulation… / …of the european parliament and of the council shall develop draft technical standards concerning information provided to the competent authorities . the authority shall submit those draft technical standards to the commission by 1 january 2014 . ### the commission shall be empowered , for a period of five years , to adopt , by means of delegated acts in accordance with article 290 of the treaty on the functioning of the european union , technical standards concerning information provided to the competent authorities .


### the commission may adopt the draft technical standards referred to in the first subparagraph in accordance with the procedure laid down in article 7 of regulation . . . / . . . . [ eiopa ] . ### the commission may adopt the technical standards referred to in the first subparagraph in accordance with the procedure laid down in article 7 of regulation . . . / . . . . [ eiopa ] .


### in order to ensure uniform application of this directive , the european insurance and occupational pension authority shall develop draft technical standards listing for each member state provisions of prudential nature relevant to the field of occupational pension schemes which are not covered by the reference to national social and labour law in paragraph 1 . the authority shall submit those draft technical standards to the commission by 1 january 2014 . ### the commission shall be empowered , for a period of five years , to adopt , by means of delegated acts in accordance with article 290 of the treaty on the functioning of the european union , technical standards listing for each member state provisions of prudential nature relevant to the field of occupational pension schemes which are not covered by the reference to national social and labour law in paragraph 1 .


### the commission may adopt the draft technical standards referred to in the first subparagraph in accordance with the procedure laid down in article 7 of regulation . . . / . . . . [ esma ] . ' ### the commission may adopt the technical standards referred to in the first subparagraph in accordance with the procedure laid down in article 7a of regulation . . . / . . . . [ esma ] . '


### in order to ensure uniform application of paragraph 2 and to take account of technical developments on financial markets , the european securities and markets authority may develop draft technical standards to specify the conditions of cooperation and exchange of information between competent authorities , including the development of standard forms or templates for such cooperation and exchange of information . ### in order to take account of technical developments on financial markets , the commission shall be empowered to adopt technical standards , by means of delegated acts in accordance with article 290 of the treaty on the functioning of the european union , to specify the conditions of cooperation and exchange of information between competent authorities , including the development of standard forms or templates for such cooperation and exchange of information .


### in order to ensure uniform application of paragraphs 1 and 2 , the european securities and markets authority may develop draft technical standards to determine the conditions of application of the obligation to exchange information , including the development of standard forms or templates . ### the commission shall be empowered to adopt , by means of delegated acts in accordance with article 290 of the treaty on the functioning of the european union , technical standards relating to the obligation to exchange information , including the development of standard forms or templates .


### in order to ensure uniform application of this article , the european securities and markets authority may develop draft technical standards to determine the conditions of application of the obligation to consult other competent authorities prior to granting an authorisation , including the development of standard forms or templates . ### the commission shall be empowered , for a period of five years , to adopt , by means of delegated acts in accordance with article 290 of the treaty on the functioning of the european union , technical standards relating to the obligation to consult other competent authorities prior to granting an authorisation , including the development of standard forms or templates .


### in order to ensure the uniform application of paragraph 1 of this article and to take account of technical developments in financial markets , the european securities and markets authority established by regulation… / …of the european parliament and of the council shall develop draft technical standards to establish a harmonised standard form to be used when notifying the required information to the issuer under paragraph 1 of this article or when filing information under article 19 . ### in order to take account of technical developments in financial markets the commission shall be empowered , for a period of five years , to adopt , by means of delegated acts in accordance with article 290 of the treaty on the functioning of the european union , technical standards to establish a harmonised standard form to be used when notifying the required information to the issuer under paragraph 1 of this article or when filing information under article 19 .


### in order to ensure the uniform application of paragraph 1 and to take account of technical developments on financial markets , the european securities and markets authority shall develop draft technical standards to establish a harmonised standard form to when notifying the required information to the issuer under paragraph 1 or when filing information under article 19 . ### in order to take account of technical developments on financial markets , the commission shall be empowered , for a period of five years , to adopt , by means of delegated acts in accordance with article 290 of the treaty on the functioning of the european union , technical standards to establish a harmonised standard form relating to the notification of the required information to the issuer under paragraph 1 or the filing of information under article 19 .


### in order to ensure the uniform application of this article and to take account of technical developments in the fight against money laundering or terrorist financing , the european banking authority , the european securities and markets authority and the european insurance and occupational pensions authority may develop draft technical standards in accordance with articles 42 of regulation … / … , regulation … / … and regulation … / … of the european parliament and of the council to determine the type of additional measures referred to in article 31 and the minimum action to be taken by credit and financial institutions where the legislation of the third country does not permit application of the measures required under the first subparagraph of paragraph 1 . ### in order to take account of technical developments in the fight against money laundering or terrorist financing , the commission shall be empowered , for a period of five years , to adopt , by means of delegated acts in accordance with article 290 of the treaty on the functioning of the european union , technical standards in accordance with articles 42 of regulation … / … , regulation … / … and regulation … / … of the european parliament and of the council to determine the type of additional measures referred to in article 31 and the minimum action to be taken by credit and financial institutions where the legislation of the third country does not permit application of the measures required under the first subparagraph of paragraph 1 .


### in order to ensure the uniform application of this article and to take account of technical developments in the fight against money laundering or terrorist financing , the european banking authority , the european securities and markets authority and the european insurance and occupational pensions authority may develop draft technical standards in accordance with articles 42 of regulation … / … , regulation … / … and regulation … / … of the european parliament and of the council to determine the conditions of application relating to the minimum content of the communication referred to in paragraph 2 . ### in order to take account of technical developments in the fight against money laundering or terrorist financing , the commission shall be empowered , for a period of five years , to adopt , by means of delegated acts in accordance with article 290 of the treaty on the functioning of the european union , technical standards in accordance with articles 42 of regulation … / … , regulation … / … and regulation … / … of the european parliament and of the council relating to the minimum content of the communication referred to in paragraph 2 .


### the commission may adopt the draft technical standards referred to in the first subparagraph in accordance with the procedure laid down in article 7 of regulation . . . / . . . . [ eba ] . ### the commission may adopt the technical standards referred to in the first subparagraph in accordance with the procedure laid down in article 7 of regulation . . . / . . . . [ eba ] .


### in order to ensure uniform application of this article , the european banking authority shall develop draft technical standards to determine the conditions of application of this article , including the measures taken in case of breach of the due diligence and risk management obligations . the authority shall submit those draft technical standards to the commission by 1 january 2014 . ### the commission shall be empowered to adopt , by means of delegated acts in accordance with article 290 of the treaty on the functioning of the european union , technical standards in relation to the measures to be taken in the event of breach of the due diligence and risk management obligations .


### in order to ensure uniform application of this article , the european securities and markets authority may develop draft technical standards to determine the conditions of application with regard to the conduct of on - the - spot verifications and investigations as referred to in paragraphs 4 and 5 . ### the commission shall be empowered , for a period of five years , to adopt , by means of delegated acts in accordance with article 290 of the treaty on the functioning of the european union , technical standards with regard to the conduct of on - the - spot verifications and investigations as referred to in paragraphs 4 and 5 .


### in order to ensure uniform application of the provisions in this directive concerning the exchange of information , the european securities and markets authority may develop draft technical standards to determine the conditions of application with regard to the procedures for exchange of information between competent authorities and between the competent authorities and the european securities and markets authority . ### the commission shall be empowered , for a period of five years , to adopt , by means of delegated acts in accordance with article 290 of the treaty on the functioning of the european union , technical standards with regard to the procedures for exchange of information between competent authorities and between the competent authorities and the european securities and markets authority .


### the commission should study the development of an ' eu platform for cooperation and development ' with a view to optimising the functioning of mechanisms for the blending of grants and loans in the external regions . in its reflections the commission should consult the eib as well as the other european multilateral and bilateral finance institutions . such a platform would continue to promote mutual reliance arrangements , based on the comparative advantage of the different institutions while respecting the role and prerogatives of the eu institutions in the implementation of the eu budget and of eib loans . ### it would be appropriate to study by 2012 the development of a ' european platform for cooperation and development ' with a view to optimising the functioning of mechanisms for the blending of grants and loans in the external regions . that study should contain an impact assessment that takes into account the costs and benefits of the platform . in their reflections the commission , the council and parliament should create a working party , by 2011 , with the participation of the eib , that takes into account the views of the other european international finance institutions . such a platform would continue to promote mutual reliance arrangements , based on the comparative advantage of the different institutions while respecting the role and prerogatives of the eu institutions in the implementation of the eu budget and of eib loans .


### within the regional ceilings of the general mandate , the governing bodies of the eib may decide to reallocate an amount of up to 10 % of the regional ceiling between the indicative sub - regional ceilings . ### within the ceiling of the general mandate , the governing bodies of the eib may decide to reallocate an amount of up to 20 % of the regional ceilings between the regions .


### differences between national rules governing protection measures hamper the sound operation of the internal market . provisions to ensure rapid and simple recognition and , where applicable , enforcement of protection measures from member states bound by this regulation are essential to ensure the protection afforded is maintained when a person travels or moves to another member state . ### differences between national rules governing protection measures hamper the free movement of citizens . provisions to ensure rapid and simple recognition and , where applicable , enforcement of protection measures from member states bound by this regulation are essential to ensure the protection afforded is maintained when a person travels or moves to another member state . those provisions should also ensure that the legitimate exercise by citizens of the union of their right to move and reside freely within the territory of member states , in accordance with article 3 of the treaty on european union and article 21 of the treaty on the functioning of the european union , does not result in any loss of their protection .


### this regulation applies to protection measures taken in civil proceedings whatever the nature of the authority , be it a court , a tribunal , an administrative or any other authorities . ### this regulation applies to protection measures taken in civil matters whatever the nature of the authority , be it a court , a tribunal , an administrative authority or any other authority .


### this regulation applies to protection measures taken in civil matters whatever the nature of the authority . it does not apply to protection measures covered by regulation no 2201 / 2003 . ### this regulation applies to protection measures taken in civil matters , whatever the nature of the issuing authority . it does not apply to protection measures covered by regulation no 2201 / 2003 or to those covered by directive 2011 / 99 / eu of the european parliament and of the council of 13 december 2011 on the european protection order .


### a party who wishes to invoke in another member state a protection order recognised pursuant to this article shall provide the competent authorities of the member state of recognition with the certificate issued in accordance with this article . ### a party who wishes to invoke a protection measure in another member state shall provide the competent authorities of the member state of recognition with the certificate issued in accordance with this article , unless the competent authority of the member state of origin has already transmitted the certificate to the competent authority of the member state of recognition .


### at the request of the protected person in any other case ; when adopting a protection measure , the competent authority of the member state of origin shall inform the protected person of the possibility of requesting a certificate as established by this regulation . ### at the request of the protected person , or , where appropriate , of the legal representative , guardian or tutor of the protected person on that person ' s behalf , in any other case ; when adopting a protection measure , the competent authority of the member state of origin shall inform the person of the possibility of requesting a certificate as established by this regulation , and of the basic conditions for making such a request .


### upon reception of the certificate pursuant to article 5 provided by the protected person , the competent authorities of the member state of recognition shall , without delay and where necessary according to the rules of regulation no 1393 / 2007 , bring to the notice of the person causing the risk and to the protected person : ### upon reception of the certificate pursuant to article 5 , the competent authorities of the member state of recognition shall , without delay and where necessary according to the rules of regulation no 1393 / 2007 , bring to the notice of the person causing the risk and the protected person and , where appropriate , to that of the legal representative , guardian or tutor of those persons , in a manner compatible with article 15 :


### article 15 – transliteration or translation when a transliteration or translation is required under this regulation , such transliteration or translation shall be into the official language or one of the official languages of the member state of recognition or any other language that the member state of recognition has indicated it can accept . any translation made under this regulation shall be done by a person qualified to do translations in one of the member states . ### article 15 – interpretation , transliteration or translation protected persons shall have the right to assistance allowing them to understand and to be understood during any necessary interaction they have with any competent authorities , including when information and assistance is provided to them . when a transliteration or translation is required under this regulation , such transliteration or translation shall be provided by the competent authorities of the member state of origin , and shall be into the official language or one of the official languages of the member state of recognition or any other language that the member state of recognition has indicated it can accept . any translation made under this regulation shall be done by a person qualified to do translations in one of the member states . where protected persons do not understand or speak the language of the proceedings relating to the recognition and enforceability of protection measures , the competent authorities of the member state of recognition shall , taking into account specific needs and the situation , provide translations and / or interpretation . in each individual case , the member state of recognition shall ascertain whether the protected person needs translation and / or interpretation during any proceedings with the competent authorities .


### the objectives referred to in this article are specified in the annex together with the indicators used for monitoring the implementation of the programme . in accordance with regulation no 223 / 2009 they shall be subject to detailed annual planning that will include a priority - setting mechanism as an integral part of the process . they shall be achieved through a close and coordinated cooperation in the european statistical system , which is the partnership between the union statistical authority and the national statistical institutes and other national authorities . ### the objectives referred to in this article are specified in the annex together with the indicators used for monitoring the implementation of the programme . in accordance with regulation no 223 / 2009 they shall be subject to detailed annual planning that will include a priority - setting mechanism as an integral part of the process . they shall be achieved through a close and coordinated cooperation in the european statistical system . the programme will cover the development of instruments leading to the prioritisation of statistical activities , greater flexibility of the european statistical system and increased ability to satisfy users’ needs in a timely manner .


### the programme shall be implemented in accordance with the principles of the european statistics code of practice with a view to producing and disseminating high - quality , harmonised european statistics and ensuring the proper functioning of the european statistical system as a whole . appropriate measures shall be taken to ensure good coordination and effective priority setting within the ess in order to contribute to the reduction of administrative burden on statistical respondents . national authorities and the union statistical authority shall ensure that european statistics comply with the european quality standards and serve the needs of european union institutional users , governments , regional authorities , research institutions , civil society organisations , enterprises and the public . ### the programme shall be implemented in accordance with the principles of the european statistics code of practice with a view to producing and disseminating high - quality , harmonised european statistics and ensuring the proper functioning of the european statistical system as a whole . appropriate measures shall be taken to ensure good coordination and effective priority setting within the ess in order to contribute to the reduction of burden on respondents and better use the limited resources at union and national level . in introducing new actions , the commission shall duly justify those actions and shall provide information in accordance with article 14 of regulation no 223 / 2009 . national authorities competent for european statistics and the union statistical authority shall ensure that european statistics comply with the european statistics code of practice and serve the needs of european union institutional users , governments , regional authorities , research institutions , civil society organisations , enterprises and the public generally based on well - defined priorities agreed with the member states .


### this agenda establishes a number of headline targets and flagship initiatives for which statistical indicators have to be delivered by the ess in a number of areas . ### endorsement of the europe 2020 strategy for ‘ smart , sustainable and inclusive’ growth by the june 2010 european council has shaped to a large extent the strategic agenda for the european union and national policies in the years ahead . this agenda establishes a number of headline targets and flagship initiatives for which statistical indicators have to be delivered by the ess in a number of areas .


### provide quality statistical information to monitor the implementation of europe 2020 policy for smart , sustainable , inclusive growth . ### provide quality statistical information to monitor the implementation of europe 2020 policy for smart , sustainable , inclusive growth . new indicators shall , as far as possible , be based on available statistical data .


### the economic crisis has reinforced the need to have a set of high - quality macroeconomic indicators to better understand and analyse economic fluctuations and thereby facilitate the decision - making process . increasingly globalised production makes it necessary to develop a consistent framework that facilitates the interpretation and integration of statistics from different domains . ### the economic crisis has reinforced the need to have a set of high - quality macroeconomic indicators to better understand and analyse economic fluctuations also in relation to social consequences and unrest and thereby facilitate the decision - making process . increasingly globalised production makes it necessary to develop a consistent framework that facilitates the interpretation and integration of statistics from different domains .


### a database for growth and productivity measurement created ; ### a database for growth measurement created ;


### harmonised housing and related statistics available for all member states . ### harmonised housing , including accessibility , and related statistics available for all member states .


### european citizens are at the heart of a large number of eu policies . consequently , social statistics in the broad sense are in heavy demand to support the decision - making process but also to help european citizens assess the impact of these policies on their lives . ### european citizens are at the heart of a large number of eu policies . consequently , social statistics in the broad sense are in heavy demand to support the decision - making process , in particular by relating them to economic indicators , but also to help european citizens assess the impact of these policies on their lives .


### provide quality statistics on key areas of social policy where the citizen is the centre of interest , such as social cohesion , poverty , demographic challenges , the labour market , education and training , including learning mobility of young people , culture , physical activity , quality of life , safety , health , disability , consumption , free movement and the single market , mobility of young people , technological innovation and new lifestyle choices ### provide quality statistics on key areas of social policy where the citizen is the centre of interest , such as social cohesion , poverty , including the phenomenon of poor workers , demographic challenges , the labour market , unemployment , education and training , including learning mobility of young people , culture , physical activity , quality of life , safety , health , disability , consumption , free movement and the single market , mobility of young people , technological innovation and new lifestyle choices .


### provide quality statistics on key areas of social policy where the citizen is the centre of interest , such as social cohesion , poverty , demographic challenges , the labour market , education and training , including learning mobility of young people , culture , physical activity , quality of life , safety , health , disability , consumption , free movement and the single market , mobility of young people , technological innovation and new lifestyle choices . ### provide quality statistics on key areas of social policy where the citizen is the centre of interest , such as social cohesion , poverty , demographic challenges , the labour market , education and training , including learning mobility of young people , culture , physical activity , quality of life , safety , health , disability and barrier - free environment and services , consumption , free movement and the single market , mobility of young people , technological innovation and new lifestyle choices .


### statistics provided on safety , health and disability ; ### statistics provided on safety , health and disability , including accessibility ;


### make the ess the first data source on eu statistics for all users and , in particular , for public and private decision - makers , by providing a quality statistical information service based on the principles of free access to european statistics . ### make the ess the first data source on eu statistics for all users and , in particular , for public and private decision - makers , by providing a quality statistical information service based on the principles of free and easy access to european statistics .


### training programmes offered addressing user needs ; ### training programmes offered addressing user and citizens ' needs ;


### in order to implement the principle of sound financial management , this regulation should provide for appropriate tools to assess its performance . to that end , it should define general and specific objectives . to measure the achievement of those specific objectives , a set of indicators should be established which should remain valid for the whole duration of the programme . ### in order to implement the principle of sound financial management , this regulation should provide for appropriate tools to assess its performance . to that end , it should define general and specific objectives . to measure the achievement of those specific objectives , a set of concrete and quantifiable indicators should be established which should remain valid for the whole duration of the programme . the commission should report to the parliament on an annual basis about the progress towards the objectives , using indicators as benchmarks .


### to achieve the general objective set out in article 4 , the programme shall have the following specific objectives : to promote effective , comprehensive and consistent application of union legislation in the areas of judicial cooperation in civil and criminal matters . the indicator to measure the achievement of this objective shall be , inter alia , the number of cases of trans - border cooperation . to facilitate access to justice . the indicator to measure the achievement of this objective shall be , inter alia , the european perception of access to justice . to prevent and reduce drug demand and supply . the indicator to measure the achievement of this objective shall be , inter alia , the number of cases of trans - border cooperation . ### to achieve the general objective set out in article 4 , the programme shall have the following specific objectives : to promote effective , comprehensive and consistent application of union legislation in the areas of judicial cooperation in civil and criminal matters . the indicator to measure the achievement of this objective shall be , inter alia , the number of successful cases of trans - border cooperation . to facilitate access to justice . the indicator to measure the achievement of this objective shall be , inter alia , the european perception of access to justice . to substantially prevent and reduce drug demand and supply . the indicator to measure the achievement of this objective shall be , inter alia , the number of successful cases of trans - border cooperation .


### mutual learning , cooperation , awareness raising and dissemination activities , such as identification of , and exchanges on , good practices , innovative approaches and experiences , organisation of peer review and mutual learning ; organisation of conferences and seminars ; organisation of awareness - raising and information campaigns , media campaigns and events , including corporate communication of the political priorities of the european union ; compilation and publication of materials to disseminate information as well as results of the programme ; development , operation and maintenance of systems and tools using information and communication technologies ; ### mutual learning , cooperation , awareness raising and dissemination activities , such as identification of , and exchanges on , good practices , innovative approaches and experiences , organisation of peer review and mutual learning ; organisation of conferences and seminars ; organisation of awareness - raising and information campaigns , media campaigns and events ; compilation and publication of materials to disseminate information as well as results of the programme ; development , operation and maintenance of systems and tools using information and communication technologies ;


### the commission , in cooperation with the member states , shall ensure overall consistency , complementarity and synergies with other union instruments , inter alia , with the rights and citizenship programme , the instrument for financial support for police cooperation , crime prevention and the fight against cross - border , serious and organised crime , the health for growth programme , the erasmus for all programme , the horizon 2020 framework programme and the instrument for pre - accession assistance . ### the commission , in cooperation with the member states , shall ensure overall consistency , complementarity and synergies with other union instruments , inter alia , with the rights and citizenship programme , the instrument for financial support for police cooperation , crime prevention and the fight against cross - border , serious and organised crime , the health for growth programme , the erasmus for all programme , the horizon 2020 framework programme and the instrument for pre - accession assistance . the commission shall also ensure overall consistency , complementarity and synergies with the eu agencies whose mandates cover the same domains as the programme .


### the programme may share resources with other union instruments , in particular the rights and citizenship programme , in order to implement actions meeting the objectives of both programmes . an action for which funding has been awarded from the programme may also give rise to the award of funding from the rights and citizenship programme , provided that the funding does not cover the same cost items . ### the programme may share resources with other union instruments , in particular the rights and citizenship programme , in order to implement actions meeting the objectives of both programmes . an action for which funding has been awarded from the programme may also give rise to the award of funding from the rights and citizenship programme , provided that the funding does not cover the same cost items , and double - sourcing of funds is avoided by clearly indicating the sources of funding for each category of expenditure , in line with the principle of sound financial management .


### the infrastructure manager’s incomes may not be used in order to finance other legal entities within the vertically integrated undertaking but only in order to finance the business of the infrastructure manager and to pay dividends to the ultimate owner of the vertically integrated company . the infrastructure manager may not grant loans to any other legal entities within the vertically integrated undertaking , and no other legal entity within the vertically integrated undertaking may grant loans to the infrastructure manager . any services offered by other legal entities to the infrastructure manager shall be based on contracts and be paid at market prices . the debt attributed to the infrastructure manager shall be clearly separated from the debt attributed to other legal entities within the vertically integrated undertaking , and these debts shall be serviced separately . the accounts of the infrastructure manager and of the other legal entities within the vertically integrated undertaking shall be kept in a way that ensures the fulfilment of these provisions and allows for separate financial circuits for the infrastructure manager and for the other legal entities within the vertically integrated undertaking . ### the infrastructure manager’s incomes may not be used in order to finance other legal entities within the vertically integrated undertaking but only in order to finance the business of the infrastructure manager and to pay reasonable dividends to the ultimate owner of the vertically integrated company . profit transfers shall not be permissible . the infrastructure manager may not grant loans to any other legal entities within the vertically integrated undertaking , and no other legal entity within the vertically integrated undertaking may grant loans to the infrastructure manager . any services offered by other legal entities to the infrastructure manager shall be based on contracts and be paid at market prices . the debt attributed to the infrastructure manager shall be clearly separated from the debt attributed to other legal entities within the vertically integrated undertaking , and these debts shall be serviced separately . the accounts of the infrastructure manager and of the other legal entities within the vertically integrated undertaking shall be kept in a way that ensures the fulfilment of these provisions and allows for separate financial circuits for the infrastructure manager and for the other legal entities within the vertically integrated undertaking .


### the infrastructure manager shall have a supervisory board which is composed of representatives of the ultimate owners of the vertically integrated undertaking . ### the infrastructure manager shall have a supervisory board which is composed of representatives of the ultimate owners of the vertically integrated undertaking and , insofar as they are not already represented on it , representatives of the competent local and regional authorities .


### the infrastructure manager shall have its own staff and be located in separate premises from the other legal entities within the vertically integrated undertaking . access to information systems shall be protected to ensure the independence of the infrastructure manager . internal rules or staff contracts shall clearly limit contacts with the other legal entities within the vertically integrated undertaking to official communications connected with the exercise of the functions of the infrastructure manager which are also exercised in relation to other railway undertakings outside the vertically integrated undertaking . transfers of staff other than those referred to under point between the infrastructure manager and the other legal entities within the vertically integrated undertaking shall only be possible if it can be ensured that sensitive information will not be passed on between them . ### the infrastructure manager shall have its own staff and be located in separate premises from the other legal entities within the vertically integrated undertaking . access to information systems shall be protected to ensure the independence of the infrastructure manager . internal rules or staff contracts shall clearly limit contacts with the other legal entities within the vertically integrated undertaking to official communications connected with the exercise of the functions of the infrastructure manager which are also exercised in relation to other railway undertakings outside the vertically integrated undertaking . transfers of staff other than those referred to under point between the infrastructure manager and the other legal entities within the vertically integrated undertaking shall be possible . in line with established practices under commercial law , however , the staff concerned shall not disclose business secrets relating to their former activities .


### the commission shall be entitled to require all necessary information within a reasonable deadline from the member state where the vertically integrated undertaking is established . the commission shall consult the regulatory body or bodies concerned and , if appropriate , the network of regulatory bodies referred to in article 57 . ### the commission shall be entitled to require all necessary information within a reasonable deadline from the member state where the vertically integrated undertaking is established . the commission shall consult the regulatory body or bodies concerned , the relevant competent authorities and , if appropriate , the network of regulatory bodies referred to in article 57 .


### member states shall ensure that infrastructure managers participate and cooperate in a network to develop the union rail infrastructure , in particular to ensure timely and efficient implementation of the trans - european transport network , including the core network corridors , rail freight corridors according to regulation no 913 / 2010 and the european rail traffic management system deployment plan laid down in decision 2012 / 88 / eu . ### within two years after transposition of this directive , member states shall require infrastructure managers to participate and cooperate in a network to develop the union rail infrastructure , in particular to ensure timely and efficient implementation of the trans - european transport network , including the core network corridors , rail freight corridors according to regulation no 913 / 2010 and the european rail traffic management system deployment plan laid down in decision 2012 / 88 / eu , and the efficiency of regional cross - border cooperation within railway transport .


### in order to determine whether the economic equilibrium of a public service contract would be compromised , the relevant regulatory body or bodies referred to in article 55 shall make an objective economic analysis and base its decision on pre - determined criteria . they shall determine this after a request from any of the following , submitted within one month from the information on the intended passenger service referred to in article 38 : ### in order to determine whether the economic equilibrium of a public service contract would be compromised , the relevant regulatory body or bodies referred to in article 55 shall make an objective economic analysis and base its decision on pre - determined criteria . they shall determine this after a request from any of the following , submitted within two months from the information on the intended passenger service referred to in article 38 :


### without prejudice to regulation no 1371 / 2007 and directive 2010 / 40 / eu , member states may require railway undertakings operating domestic passenger services to participate in a common information and integrated ticketing scheme for the supply of tickets , through - tickets and reservations or decide to give the power to competent authorities to establish such a scheme . if such a scheme is established , member states shall ensure that it does not create market distortion or discriminate between railway undertakings and that it is managed by a public or private legal entity or an association of all railway undertakings operating passenger services . ### without prejudice to regulation no 1371 / 2007 and directive 2010 / 40 / eu , member states shall require railway undertakings operating domestic passenger services to participate in a common information and integrated ticketing scheme for the supply of tickets , through - tickets and reservations or decide to give the power to competent authorities to establish such a scheme . when such a scheme is set up , member states shall ensure that it does not create market distortion or discriminate between railway undertakings and that it is managed by a public or private legal entity or an association of all railway undertakings operating passenger services . representatives of local and regional authorities shall be fully involved in decision - taking within that legal entity or association .