### 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 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 , with the exception of international credits acquired prior to the entry into force of this decision .


### 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 .


### matters subject to technical standards should be genuinely technical , where their development requires the expertise of supervisory experts . the technical standards should determine the conditions of application of the rules included in basic instruments adopted by the european parliament and the council and , where applicable , in commission implementing measures without amending non - essential elements of those acts , inter alia by deleting some of those elements or by supplementing the act by the addition of new non - essential elements . technical standards should not therefore involve policy choices . in cases where the technical standards are designed to determine the conditions of application of a commission implementing measure , they should only be developed once the commission implementing measure has been adopted . in certain cases where at present the commission is empowered to adopt implementing measures in accordance with committee procedures pursuant to council decision 1999 / 468 / ec of 28 june 1999 laying down the procedures for the exercise of implementing powers conferred on the commission , and the content of those implementing measures is limited to determining the conditions of application of rules included in the basic instruments , which do not require further supplementing , it is appropriate for the sake of consistency to introduce the procedure for adoption of technical standards provided for in article 7 of regulations no . … / … [ eba ] , no . … / … [ esma ] , and no . … / … [ eiopa ] . ### matters subject to technical standards should be genuinely technical , where their development requires the expertise of supervisory experts . the technical standards of general application should be limited to supplement or amend certain non - essential elements of the basic legislative act . technical standards should not therefore involve policy choices . in accordance with article 290 of the treaty on the functioning of the european union the commission should be empowered to adopt those technical standards by means of delegated acts . the conditions to which the delegation is subject should be laid down in the basic legislative act . the commission should be able to use the expertise of the esa as set out in the regulations establishing the esfs . for the sake of consistency , it is therefore appropriate to introduce the procedure for the adoption of technical standards provided for in article 7 of regulations no . … / … [ eba ] , no . … / … [ esma ] , and no . … / … [ eiopa ] . in certain cases where the technical standards are designed to determine the conditions of application of a commission implementing measure , they should only be developed once the commission implementing measure has been adopted . in those cases the implementing power should be conferred on the commission in accordance with article 291 of the treaty on the functioning of the european union . for the sake of consistency it is appropriate to introduce the procedure of article 7 a of regulation n° … . . the rules and general principles concerning mechanisms for control by member states of the commission’s exercise of implementing powers to be laid down in accordance with article 291 of the treaty on the functioning of the european union should apply .


### conferred powers and committee procedures ### delegated powers


### in order to ensure uniform application of this article , the european securities and markets authority shall develop draft technical standards to determine the conditions of application relating to the list of information required for the assessment of an acquisition as referred to in paragraph 1 and the modalities of the consultation process between the relevant competent authorities as referred to in article 10 . 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 relating to the list of information required for the assessment of an acquisition as referred to in paragraph 1 and the modalities of the consultation process between the relevant competent authorities as referred to in article 10 .


### 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 .


### 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 this article and of articles 7 , 9 - , 10 - , and 12 , the european securities and markets authority may develop draft technical standards to determine the conditions of application of the requirements and procedures for such authorisation as laid down in this article and in articles 7 , 9 - , 10 - and 12 . ### 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 requirements and procedures for such authorisation as laid down in this article and in articles 7 , 9 - , 10 - and 12 .


### in order to ensure uniform application of this directive and to take account of technical developments on financial markets , the european securities and markets authority may develop draft technical standards to determine the conditions of application relating to the procedures for the notification of the certificate of approval , the copy of the prospectus , the translation of the summary and any supplement to the prospectus . ### in order to take account of technical developments on financial markets , the commission shall be empowered , for a period of five years , to adopt technical standards , by means of delegated acts in accordance with article 290 of the treaty on the functioning of the european union , relating to the procedures for the notification of the certificate of approval , the copy of the prospectus , the translation of the summary and any supplement to the prospectus .


### 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 .


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


### 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 .


### 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 . ### the council , the commission , the european parliament and the eib , as the eu bank , should study , by the end 2011 , 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 . for this purpose the council and the commission will create a working group composed of member states representatives , members of the european parliament and the eib . the working group will consult 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 .


### any suspension or withdrawal of the protection measure . ### any suspension , withdrawal or review of the protection measure .


### 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 :


### ' protection measure ' means any decision , whatever it may be called , of a preventive and temporary nature taken by an authority in a member state in accordance with its national law with a view to protecting a person when serious reasons exist to consider the person ' s physical and / or psychological integrity or liberty to be at risk . it shall include measures ordered without the person causing the risk being summoned to appear . ### ' protection measure ' means any decision , whatever it may be called , of a preventive and temporary nature taken by an authority in a member state in accordance with its national law with a view to protecting a person when serious reasons exist to consider the person ' s life , physical and / or psychological integrity , dignity , personal liberty and security or sexual integrity to be at risk . it shall include measures ordered without the person causing the risk being summoned to appear .


### scope , definitions and jurisdiction ### objective , scope , definitions and jurisdiction


### 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 .


### the european union has set itself the objective of maintaining and developing an area of freedom , security and justice , facilitating access to justice , in particular through the principle of mutual recognition of judicial and extra - judicial decisions in civil matters . in order to establish progressively such an area , the union should adopt , amongst other things , measures relating to judicial cooperation in civil matters , particularly when necessary for the proper functioning of the internal market . ### the european union has set itself the objective of maintaining and developing an area of freedom , security and justice , facilitating access to justice , in particular through the principle of mutual recognition of judicial and extra - judicial decisions in civil matters . in order to establish progressively such an area , the union should adopt , amongst other things , measures relating to judicial cooperation in civil matters , particularly when necessary for the proper functioning of the internal market and for the full exercise by citizens of the union of their right to move and reside freely in the territory of the member states .


### ' protection measure ' means any decision , whatever it may be called , of a preventive and temporary nature taken by an authority in a member state in accordance with its national law with a view to protecting a person when serious reasons exist to consider the person ' s physical and / or psychological integrity or liberty to be at risk . it shall include measures ordered without the person causing the risk being summoned to appear . the following are notably protection measures : an obligation not to enter certain localities , places or defined areas where the protected person resides , works or that he visits ; or an obligation not to enter into contact , in any form , with the protected person , including by phone , electronic or ordinary mail , fax or any other means ; or an obligation not to approach the protected person closer than a prescribed distance ; or a decision attributing the exclusive use of the common housing of two persons to the protected person . ### ' protection measure ' means any decision , whatever it may be called , of a preventive and temporary nature taken by an authority in a member state in accordance with its national law with a view to protecting an individual person when serious reasons exist to consider the person ' s life , physical and / or psychological integrity , dignity , personal liberty or sexual integrity to be at risk . it shall include measures ordered without the person causing the risk being summoned to appear . protection measures may include one or more of the following obligations or prohibitions : a prohibition from entering and / or remaining in certain localities , places or defined areas where the protected person resides , works or that he visits ; or a prohibition or regulation of contact , in any form , with the protected person , including by phone , electronic or ordinary mail , fax or any other means ; or a prohibition or regulation on approaching the protected person closer than a prescribed distance ; or a decision attributing the exclusive use of the common housing of two persons to the protected person ; or any other prohibitions or regulations imposed in order to guarantee the protection of the protected person .


### 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 .


### the general objective of the programme is for the european statistical system to be the leading provider of high - quality statistics on europe . ### the general objective of the programme is for the european statistical system , which is the partnership between the union statistical authority and the national statistical institutes and other national authorities , to continue to be the leading provider of high - quality european statistics for policy - making and wider range of users .


### 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 .


### the database should contain all relevant information as regards the clinical trial . no personal data of data subjects participating in a clinical trial should be recorded in the database . the information in the database should be public , unless specific reasons require that a piece of information should not be published , in order to protect the right of the individual to private life and the right to the protection of personal data , recognised by articles 7 and 8 of the charter of fundamental rights of the european union . ### the database should contain all relevant information as regards the clinical trial and allow public dissemination of objective information in order to support european research and to increase knowledge in the field of public health . it should not undermine innovation or competitiveness of european industries . no personal data of data subjects participating in a clinical trial should be recorded in the database , and it should not hamper the protection of commercial interests , including intellectual property , as foreseen by article 4 of regulation 1049 / 2001 . the information in the database should be public , unless specific reasons require that a piece of information should not be published , in order to protect the right of the individual to private life and the right to the protection of personal data , recognised by articles 7 and 8 of the charter of fundamental rights of the european union , or commercially confidential information , as foreseen by article 4 of regulation 1049 / 2001 . .


### – protecting commercially confidential information ; ### – protecting commercially confidential information ; specifically when related to clinical trials intended for the support of any marketing authorisation application for indications which have not yet been approved ;


### the risk to subject safety in a clinical trial mainly stems from two sources : the investigational medicinal product and the intervention . many clinical trials , however , pose only a minimal additional risk to subject safety compared to normal clinical practice . this is in particular the case where the investigational medicinal product is covered by a marketing authorisation and where the intervention poses only very limited additional risk to the subject compared to normal clinical practice . those ‘ low - intervention clinical trials’ are often of crucial importance to assess standard treatments and diagnoses , thereby optimising the use of medicinal products and thus contributing to a high level of public health . they should be subject to less stringent rules , such as shorter deadlines for approval . ### the risk to subject safety in a clinical trial mainly stems from two sources : the investigational medicinal product and the intervention . many clinical trials , however , pose only a minimal additional risk to subject safety compared to normal clinical practice . this is in particular the case where the investigational medicinal product is covered by a marketing authorisation and where the intervention poses only very limited additional risk to the subject compared to normal clinical practice . those ' low - intervention clinical trials ' are often of crucial importance to assess standard treatments and diagnoses , thereby optimising the use of medicinal products and thus contributing to a high level of public health . they should be subject to less stringent rules , such as shorter deadlines for approval , without compromising scientific excellence , and guaranteeing patient safety at all times .


### when exercising the powers delegated in articles 3 , 6 , 10 and , 12 and , the commission shall ensure that the delegated acts do not impose a significant additional administrative burden on the member states and on the respondents . ### when exercising the powers delegated in articles 3 , 6 , 10 and , 12 and , the commission shall ensure that the delegated acts do not impose a significant additional costs or administrative burden on the member states and on the respondents .


### a delegated act adopted pursuant to articles 3 , 6 , 10 and , 12 and 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 the council . ### a delegated act adopted pursuant to articles 3 , 6 , 10 and , 12 and shall enter into force only if no objection has been expressed either by the european parliament or the council within a period of three 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 three months at the initiative of the european parliament or the council .


### the exchange of confidential data relating to intra - eu trade statistics should be allowed between member states with a view to increasing the efficiency of the development , production and dissemination or to improving the quality of those statistics . ### the exchange of confidential data relating to intra - eu trade statistics should be allowed between member states if necessary to increase the efficiency of the development , production and dissemination or to improving the quality of those statistics . the exchange should not entail additional costs or administrative burden on the member states and on the respondent units .


### to raise general awareness of the value of active ageing in order to highlight the useful contribution older persons make to society and the economy , to promote active ageing and to do more to mobilise the potential of older persons ; ### to raise general awareness among the population of the value of active ageing in order to highlight the useful contribution older persons make to society and the economy , to promote active ageing and to do more to mobilise the potential of older persons


### the overall purpose of the european year shall be to encourage and support the efforts of member states , their regional and local authorities , social partners and civil society to promote active ageing and to do more to mobilise the potential of the rapidly growing population in their late 50s and above , thereby preserving solidarity between generations . active ageing means creating better opportunities and working conditions to enable older workers to play their part in the labour market , combating social exclusion by fostering active participation in society , and encouraging healthy ageing . on this basis , the objectives shall be : ### the overall purpose of the european year shall be to encourage and support the efforts of member states , their regional and local authorities , social partners and civil society to promote active ageing and to do more to mobilise the potential of the rapidly growing population in their late 50s and above , thereby preserving solidarity between generations . active ageing means creating better opportunities and working conditions for both paid and unpaid work to enable older workers to play their part in the labour market , combating social exclusion by fostering active participation in society , and encouraging healthy ageing . on this basis , the objectives shall be :


### to stimulate debate and develop mutual learning between member states and stakeholders at all levels in order to promote active ageing policies , to identify and disseminate good practice and to encourage cooperation and synergies ; ### to stimulate debate , exchange information and develop mutual learning between member states and stakeholders at all levels in order to promote active ageing policies , to identify and disseminate good practice and to encourage cooperation and synergies ;


### to raise general awareness of the value of active ageing in order to highlight the useful contribution older persons make to society and the economy , to promote active ageing and to do more to mobilise the potential of older persons ; ### to raise general awareness of the value of active ageing in order to highlight the useful contribution older persons make to society and the economy , to promote active ageing and to do more to mobilise the potential of older persons , in particular by fostering the passing on of expertise in traditional trades ;


### the overall purpose of the european year shall be to encourage and support the efforts of member states , their regional and local authorities , social partners and civil society to promote active ageing and to do more to mobilise the potential of the rapidly growing population in their late 50s and above , thereby preserving solidarity between generations . active ageing means creating better opportunities and working conditions to enable older workers to play their part in the labour market , combating social exclusion by fostering active participation in society , and encouraging healthy ageing . on this basis , the objectives shall be : ### the overall purpose of the european year shall be to encourage and support the efforts of member states , their regional and local authorities , social partners and civil society to promote active ageing and to do more to mobilise the potential of the rapidly growing population in their late 50s and above , thereby preserving solidarity between generations . active ageing means creating better opportunities and working conditions to enable older workers to play their part in the labour market and in passing on expertise in traditional trades , combating social exclusion by fostering active participation in society , and encouraging healthy ageing . on this basis , the objectives shall be :


### to offer a framework for commitment and concrete action to enable member states and stakeholders at all levels to develop policies through specific activities and to commit to specific objectives related to active ageing . ### to offer a framework for commitment and concrete action to enable member states and stakeholders at all levels to develop policies through specific activities and to commit to specific objectives related to active ageing and to regularly assess the effectiveness of the framework and the specific activities and objectives ,


### the union is endeavouring to secure a future international agreement to control greenhouse gas impacts from aviation and , in the meantime , is limiting climate change impacts from aviation activities to and from aerodromes in the union by autonomous action . in order to ensure that these objectives are mutually supportive and not in conflict , it is appropriate to take account of developments at and positions taken in international fora and in particular to take account of the resolution containing the &#8220 ; consolidated statement of continuing icao policies and practices related to environmental protection&#8221 ; adopted at the 38th session of the assembly of the international civil aviation organisation . ### the union is endeavouring to secure a future international agreement to control greenhouse gas impacts from aviation . developments at and positions taken in international fora will be taken into account , as will , in particular , the resolution containing the &#8220 ; consolidated statement of continuing icao policies and practices related to environmental protection&#8221 ; adopted at the 38th session of the assembly of the international civil aviation organisation .


### the union and its member states shall consult each other , and other donors and development actors including representatives of civil society and regional and local authorities , at an early stage of the programming process in order to promote complementarity and consistency among their cooperation activities . this consultation may lead to joint programming between the union and its member states . ### the union and its member states shall consult each other , and other donors and development actors including representatives of civil society , including local groups and women’s organisations , and organisations dealing with matters of gender equality , women’s empowerment and non - discrimination , and regional and local authorities , at an early stage of the programming process in order to promote complementarity and consistency among their cooperation activities . this consultation may lead to joint programming between the union and its member states .


### the following cross - cutting issues shall be mainstreamed in all programmes : the promotion of human rights , gender equality , women empowerment , non - discrimination , democracy , good governance , the rights of the child and indigenous peoples ' rights , social inclusion and the rights of persons with disabilities , environmental sustainability including addressing climate change and combating hiv / aids . ### the following cross - cutting issues shall be mainstreamed in all programmes : the promotion of human rights , gender equality , women empowerment ; promotion of the right to stable employment with rights and the right to equality between women and men in balancing their work , family and personal life ; combating all forms of gender violence in the workplace , in family and society ; the right to live with dignity , without poverty and without social exclusion ; non - discrimination , democracy , good governance , the rights of the child and indigenous peoples’ rights , social inclusion and the rights of persons with disabilities , environmental sustainability including addressing climate change and combating hiv / aids .


### pursuant to the principle of mutual accountability in the pursuit and fulfilment of agreed objectives , including those referring to good governance , democracy and respect for human rights and to the rule of law , indicative allocations may be increased or decreased as a result of reviews , particularly in the light of special needs such as those resulting from a crisis , post - crisis or fragility situation , or where performance has been exceptional or unsatisfactory . ### pursuant to the principle of mutual accountability in the pursuit and fulfilment of agreed objectives , including those referring to good governance , democracy , the rule of law , respect for human rights and fundamental freedoms , women’s rights and the principles of gender equality and non - discrimination , indicative allocations may be increased or decreased as a result of reviews , particularly in the light of special needs such as those resulting from a crisis , post - crisis or fragility situation , or where performance has been exceptional or unsatisfactory , while taking into account the gender approach .


### the objective of the programme on civil society organisations and local authorities in development shall be to finance initiatives in the area of development by or for civil society organisations and local authorities originating from partner countries , the union , candidate countries and potential candidates . ### the objective of the programme on civil society organisations and local authorities in development shall be to finance initiatives in the area of development by or for civil society organisations , especially local groups and women ' s organisations and organisations dealing with gender equality , women ' s empowerment and non - discrimination , and local authorities originating from partner countries , the union , candidate countries and potential candidates .


### particular attention shall be given to strengthening the rule of law , improving access to justice and supporting civil society , trade and sustainable development , access to icts , health and food security , as well as promoting dialogue , participation and reconciliation , and institution - building . ### particular attention shall be given to strengthening the rule of law , gender equality , improving access to justice and supporting civil society and particularly organisations focusing on women ' s rights , trade and sustainable development , access to icts , health and food security , as well as promoting dialogue , participation and reconciliation , and institution - building .


### union assistance should focus where it has more impact , having regard to its capacity to act on a global scale and respond to global challenges such as poverty eradication , sustainable and inclusive development and worldwide promotion of democracy , good governance , human rights and the rule of law , its long - term and predictable commitment to development assistance and its role in coordinating with its member states . to ensure such impact , the principle of differentiation should be applied not only at the level of funds allocation , but also at the level of programming , to ensure that bilateral development cooperation targets partner countries most in need , including fragile states and states with high vulnerability , and with limited capacity to have access to other sources of financing for supporting their own development , having regard to the potential impact of the union assistance in partner countries . as a consequence , bilateral programming would target such countries , pursuant to the application of objective criteria based on the needs and capacities of these countries , as well as the impact of eu assistance . ### union assistance should focus where it has more impact , having regard to its capacity to act on a global scale and respond to global challenges such as poverty eradication , sustainable and inclusive development and worldwide promotion of democracy , good governance , the rule of law , human rights and fundamental freedoms , women’s rights , gender equality , non - discrimination , its long - term and predictable commitment to development assistance and its role in coordinating with its member states . to ensure such impact , the principle of differentiation should be applied not only at the level of funds allocation , but also at the level of programming , to ensure that bilateral development cooperation targets partner countries most in need , including fragile states and states with high vulnerability , and with limited capacity to have access to other sources of financing for supporting their own development , having regard to the potential impact of the union assistance in partner countries . as a consequence , bilateral programming would target such countries , pursuant to the application of objective criteria based on the needs and capacities of these countries , as well as the impact of eu assistance .


### the commission shall seek regular exchanges of information with civil society . ### the commission shall seek regular exchanges of information with civil society , especially local groups , women’s organisations and organisations dealing with matters concerning women’s empowerment , gender equality and non - discrimination .


### thematic programmes to address global public goods and challenges and support civil society organisations and local authorities in countries , territories and regions eligible for union funding under geographic programmes , in accordance with annex i of this regulation , regulation no [ . . . / … ] of the european parliament and the council establishing a european neighbourhood instrument , and council decision [ 2001 / 822 / ec of 27 november 2001 on the association of the overseas countries and territories ] , and in african , caribbean and pacific countries signatories to the acp - eu partnership agreement signed in cotonou on 23 june 2000 ; ### thematic programmes to address global public goods and challenges and support local authorities and local civil society groups , especially women’s associations and gender equality associations , in countries , territories and regions eligible for union funding under geographic programmes , in accordance with annex i of this regulation , regulation no [ . . . / … ] of the european parliament and the council establishing a european neighbourhood instrument , and council decision [ 2001 / 822 / ec of 27 november 2001 on the association of the overseas countries and territories with the european community ] , and in african , caribbean and pacific countries signatories to the acp–eu partnership agreement signed in cotonou on 23 june 2000 ;


### in 2010 a conference between the state parties to the stcw convention was held in manila and introduced several significant changes to the convention , namely on the prevention of fraudulent practices for certificates , in the field of medical standards , in the matter of training on security and with respect to training in technology - related matters . the manila amendments have also introduced requirements for able seafarers and established new professional profiles , such as electro - technical officers . ### a conference of parties to the stcw convention held in manila in 2010 introduced significant amendments to the stcw convention , namely on the prevention of fraudulent practices for certificates , in the field of medical standards , in the matter of training on security and with respect to training in technology - related matters . the manila amendments have also introduced requirements for able seafarers and established new professional profiles , such as electro - technical officers .


### in 2010 a conference between the state parties to the stcw convention was held in manila and introduced several significant changes to the convention , namely on the prevention of fraudulent practices for certificates , in the field of medical standards , in the matter of training on security and with respect to training in technology - related matters . the manila amendments have also introduced requirements for able seafarers and established new professional profiles , such as electro - technical officers . ### a conference of parties to the stcw convention was held in manila in 2010 and introduced significant amendments to the stcw convention , namely on the prevention of fraudulent practices for certificates , in the field of medical standards , in the matter of training on security including on anti - piracy practices , and with respect to training in technology - related matters . the manila amendments have also introduced requirements for able seafarers and established new professional profiles , such as electro - technical officers .


### for the purpose of calculating the annual percentage rate of charge , the total cost of the credit to the consumer shall be determined excluding any charges payable by the consumer for non - compliance with any of his commitments laid down in the credit agreement . where the opening of an account is obligatory in order to obtain the credit , the costs of maintaining such an account , the costs of using a means of payment for both payment transactions and drawdowns on that account , and other costs relating to payment transactions shall be included in the total cost of credit to the consumer , unless the costs have been clearly and separately shown in the credit agreement or in any other agreement concluded with the consumer . ### for the purpose of calculating the annual percentage rate of charge , the total cost of the credit to the consumer shall be determined excluding charges payable by the consumer for non - compliance with any of his commitments laid down in the credit agreement . the costs of maintaining an account recording both payment transactions and drawdowns , the costs of using a means of payment for both payment transactions and drawdowns , and other costs relating to payment transactions shall be included in the total cost of credit to the consumer unless the opening of the account is optional and the costs related to the account have been clearly and separately shown in the credit agreement or in any other agreement concluded with the consumer .


### a consumer ' s ability to repay his credit prior to the expiry of his credit agreement may play an important role in promoting competition in the single market and the free movement of eu citizens . however , substantial differences exist between the national principles and conditions under which consumers have the ability to repay and the conditions under which such early repayment can take place . whilst recognising the diversity in mortgage funding mechanisms and the range of products available , certain standards with regard to early repayment of credit are essential at union level in order to ensure that consumers have the possibility to discharge their obligations before the date agreed in the credit agreement and the confidence to shop around for the best products to meet their needs . member states should therefore ensure , either by legislation or by means of contractual clauses , that consumers have a statutory or contractual right to early repayment ; nevertheless , member states should be able to define the conditions for the exercise of such a right . these conditions may include time limitations on the exercise of the right , different treatment depending on the type of the borrowing rate , whether fixed or variable , restrictions with regard to the circumstances under which the right may be exercised . member states could also provide that the creditor should be entitled to fair and objectively justified compensation for potential costs directly linked to early repayment of the credit . in any event if the early repayment falls within a period for which the borrowing rate is fixed , exercise of the right may be made subject to the existence of a special interest on the part of the consumer . such special interest may for example occur in case of divorce or unemployment . where a member state chooses to lay down such conditions , these should not make the exercise of the right excessively difficult or onerous for the consumer . ### a consumer ' s ability to repay his credit prior to the expiry of his credit agreement may play an important role in promoting competition in the single market and the free movement of eu citizens . however , substantial differences exist between the national principles and conditions under which consumers have the ability to repay and the conditions under which such early repayment can take place . whilst recognising the diversity in mortgage funding mechanisms and the range of products available , certain standards with regard to early repayment of credit are essential at union level in order to ensure that consumers have the possibility to discharge their obligations before the date agreed in the credit agreement and the confidence to shop around for the best products to meet their needs . member states should therefore ensure that consumers have a statutory right to early repayment ; nevertheless , member states should be able to define the conditions for the exercise of such a right . these conditions may include time limitations on the exercise of the right , different treatment depending on the type of the borrowing rate , whether fixed or variable , restrictions with regard to the circumstances under which the right may be exercised . member states could also provide that the creditor should be entitled to fair and objectively justified compensation for potential costs directly linked to early repayment of the credit . in any event if the early repayment falls within a period for which the borrowing rate is fixed , exercise of the right may be made subject to the existence of a legitimate interest on the part of the consumer . such special interest may for example occur in case of divorce or unemployment . where a member state chooses to lay down such conditions , these should not make the exercise of the right excessively difficult or onerous for the consumer .


### directive of the european parliament and of the council on credit agreements relating to residential property ### directive of the european parliament and of the council on credit agreements relating to residential property and credit agreements secured by mortgages


### a negative creditworthiness assessment should indicate to the creditor that the consumer is unable to afford the credit and as a consequence , the creditor should not grant the credit . such a negative outcome may derive from a wide range of reasons , including but not limited to the consultation of a database or a negative credit score . a positive creditworthiness assessment should not constitute an obligation for the creditor to provide credit . ### a negative creditworthiness assessment should mean that the credit will only be granted in exceptional circumstances . such a negative outcome may derive from a wide range of reasons , including but not limited to the consultation of a database or a negative credit score . a positive creditworthiness assessment should not constitute an obligation for the creditor to provide credit .


### member states shall ensure that creditors and , where applicable , credit intermediaries provide adequate explanations to the consumer on the proposed credit agreement and any ancillary service , in order to place the consumer in a position enabling him to assess whether the proposed credit agreements are adapted to his needs and financial situation . an adequate explanation shall include the provision of personalised information on the characteristics of the credits on offer , without however formulating any recommendation . creditors and , where applicable , credit intermediaries shall accurately assess the level of knowledge and experience with credit of the consumer by any means necessary so as to enable the creditor or the intermediary to determine the level of explanations to be given to the consumer and adjust such explanations accordingly . such adequate explanations shall include an explanation of the information and terms included in the pre - contractual information to be provided in accordance with articles 9 and 10 and of the consequences that concluding the credit agreement may have for the consumer , including in the event of default in payment by the consumer . ### member states shall ensure that creditors and , where applicable , credit intermediaries provide adequate explanations to the consumer , in order to place the consumer in a position enabling him to assess whether the proposed credit agreement is adapted to his needs and financial situation , where appropriate by explaining the pre - contractual information and the information from the esis , the essential characteristics of the products proposed and the specific effects they may have on the consumer , including the consequences of default in payment by the consumer . member states may adapt the manner by which and the extent to which such assistance is given , as well as by whom it is given , to the particular circumstances of the situation in which the credit agreement is offered , the person to whom it is offered and the type of credit offered .


### the powers to adopt delegated acts referred to in articles 6 , 8 , 9 , 10 , 14 and 16 shall be conferred on the commission for an indeterminate period of time following the entry into force of this directive . 2 . as soon as it adopts a delegated act , the commission shall notify it simultaneously to the european parliament and to the council . 3 . the power to adopt delegated acts is conferred on the commission subject to the conditions laid down in articles 27 and 28 . ### the power to adopt delegated acts shall be conferred on the commission subject to the&#160 ; conditions laid down in this article . 2 . the power to adopt delegated acts referred to in article 9 and and article 12 shall be conferred on the commission for an indeterminate period of time from…* . 3 . the delegation of powers referred to in article 9 and and article 12 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 to revoke 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 . 3a . as soon as it adopts a delegated act , the commission shall notify it simultaneously to the european parliament and to the council . 3b . a delegated act adopted pursuant to article 9 and and article 12 shall enter into force only if no objection has been expressed either by the european parliament or the council within a period of three months of notification of that act to the european parliament and to 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 . at the initiative of the european parliament or the council that period shall be extended by two months . _______________ the date of entry into force of this directive .


### creditors and credit intermediaries frequently use advertisements , often featuring special terms and conditions , to attract consumers to a particular product . consumers should , therefore , be protected against unfair or misleading advertising practices and should be able to compare advertisements . specific provisions on the advertising of credit agreements relating to residential immovable property and a list of items to be included in advertisements and marketing materials directed at consumers are necessary to enable them to compare different offers . such provisions take into account the specificities of credit agreements relating to residential immovable property , for instance , the fact that if the loan repayments are not met , there is a risk of the consumer losing the property . member states should remain free to introduce or maintain disclosure requirements in their national laws regarding advertising which does not contain information on the cost of credit . ### creditors and credit intermediaries frequently use advertisements , often featuring special terms and conditions , to attract consumers to a particular product . consumers should , therefore , be protected against unfair or misleading advertising practices and should be able to compare advertisements . specific final provisions on the advertising of credit agreements relating to residential immovable property and credit agreements secured by mortgages , and a list of items to be included in advertisements and marketing materials directed at consumers where such advertising specifies interest rates and costs , are necessary to enable them to compare different offers . for the rest , member states should remain free to provide for information requirements in their national laws . such provisions should take into account the specificities of credit agreements relating to residential immovable property .


### in the case of credit agreements containing clauses allowing variations in the borrowing rate and , where applicable , in the charges contained in the annual percentage rate of charge but unquantifiable at the time of calculation , the annual percentage rate of charge shall be calculated on the assumption that the borrowing rate and other charges will be calculated at the level set at the signature of the contract . ### in the case of credit agreements containing clauses allowing variations in the borrowing rate and , where applicable , in the charges contained in the annual percentage rate of charge but unquantifiable at the time of calculation , the annual percentage rate of charge shall be calculated on the assumption that the borrowing rate and other charges will be calculated at the level set at the signature of the contract . where a fixed borrowing rate has been set for the initial period , the borrowing rate shall be set by reference to that initially determined rate .


### member states shall designate the competent authorities empowered to ensure implementation of this directive and shall ensure that they are granted all the powers necessary for the performance of their duties . ### member states shall designate the competent authorities empowered to ensure implementation of this directive and enactment of all its provisions in the interest of the market and all market participants . they shall ensure that they are granted sufficient resources and all the investigating and sanctioning powers necessary for the performance of their duties , including power to access all premises and relevant documents . the competent authorities shall , inter alia , carry out ' mystery shopping ' , where applicable , to check the proper implementation of this directive .


### in order to be in a position to understand the nature of the service , consumers should be made aware of what constitutes a personalised recommendation on suitable credit agreements for that consumer’s needs and financial situation and when it is being provided and when it is not . those providing advice should comply with general standards in order to ensure that the consumer is presented with a range of products suitable for his needs and circumstances . that service should be based on a fair and sufficiently wide - ranging analysis of the products available on the market , and on a close inspection of the consumer’s financial situation , preferences and objectives . such an assessment should be based on up - to - date information and reasonable assumptions on the consumer’s circumstances during the lifetime of the loan . member states may clarify how the suitability of a given product for a consumer should be assessed in the context of the provision of advice . ### where the consumer is provided with advice as a service separate from the credit , he should be made clearly aware of this fact . a charge should only be made if the consumer is clearly informed about the charge and the method of its calculation . those providing advice should comply with general standards in order to ensure that the consumer is presented with a range of products suitable for his needs and circumstances . that advice should be based on a fair and sufficiently wide - ranging analysis of the products available , and on a close inspection of the consumer’s financial situation , preferences and objectives , and should be based on up - to - date information and reasonable assumptions on the consumer’s circumstances during the lifetime of the loan . if the advice relates only to the adviser’s own range of products , this should be drawn to the consumer’s attention . member states may clarify how the suitability of a given product for a consumer should be assessed in the context of the provision of advice .


### assists consumers by undertaking preparatory work in respect of credit agreements within the meaning of article 2 other than as referred to in point ; ### assists consumers by undertaking preparatory work and / or administration in respect of credit agreements within the meaning of article 2 other than as referred to in point ; or


### for the purposes of this directive , ' advice ' constitutes a separate service from the granting of a credit . such a service can only be marketed as advice when the remuneration of the individual providing the service is transparent to the consumer . ### for the purposes of this directive , ' advice ' constitutes a separate service from the granting of a credit . a separate charge for advice can only be made if the consumer has been informed of the requirement to pay a charge and of method used for its calculation .


### a consumer’s ability to repay his credit prior to the expiry of his credit agreement may play an important role in promoting competition in the single market and the free movement of eu citizens . however , substantial differences exist between the national principles and conditions under which consumers have the ability to repay and the conditions under which such early repayment can take place . whilst recognising the diversity in mortgage funding mechanisms and the range of products available , certain standards with regard to early repayment of credit are essential at union level in order to ensure that consumers have the possibility to discharge their obligations before the date agreed in the credit agreement and the confidence to shop around for the best products to meet their needs . member states should therefore ensure , either by legislation or by means of contractual clauses , that consumers have a statutory or contractual right to early repayment ; nevertheless , member states should be able to define the conditions for the exercise of such a right . these conditions may include time limitations on the exercise of the right , different treatment depending on the type of the borrowing rate , whether fixed or variable , restrictions with regard to the circumstances under which the right may be exercised . member states could also provide that the creditor should be entitled to fair and objectively justified compensation for potential costs directly linked to early repayment of the credit . in any event , if the early repayment falls within a period for which the borrowing rate is fixed , exercise of the right may be made subject to the existence of a special interest on the part of the consumer . such special interest may for example occur in case of divorce or unemployment . where a member state chooses to lay down such conditions , these should not make the exercise of the right excessively difficult or onerous for the consumer . ### a consumer’s ability to repay his credit prior to the expiry of his credit agreement may play an important role in promoting competition in the single market and the free movement of eu citizens . however , substantial differences exist between the national principles and conditions under which consumers have the ability to repay and the conditions under which such early repayment can take place . whilst recognising the diversity in mortgage funding mechanisms and the range of products available , certain standards with regard to early repayment of credit are essential at union level in order to ensure that consumers have the possibility to discharge their obligations before the date agreed in the credit agreement and the confidence to shop around for the best products to meet their needs . member states should therefore ensure , either by legislation or by means of contractual clauses , that consumers have a statutory or contractual right to early repayment while adhering to the principle that fixed interest periods , once agreed , are binding . member states should be able to define the conditions for the exercise of such a right . these conditions may include time limitations on the exercise of the right , different treatment depending on the type of the borrowing rate , whether fixed or variable , restrictions with regard to the circumstances under which the right may be exercised . member states could also provide that the creditor should be entitled to fair and objectively justified compensation for potential costs including any loss of interest directly linked to early repayment of the credit . in any event , if the early repayment falls within a period for which the borrowing rate is fixed , exercise of the right may be made subject to the existence of a special interest on the part of the consumer . such special interest may for example occur in case of divorce or unemployment .


### ' total cost of the credit to the consumer ' means the total cost of the credit to the consumer as defined in article 3 of directive 2008 / 48 / ec . ### ' total cost of the credit to the consumer ' means the total cost of the credit to the consumer as defined in article 3 of directive 2008 / 48 / ec except for costs incurred in connection with credit protection ;


### a negative creditworthiness assessment should indicate to the creditor that the consumer is unable to afford the credit and as a consequence , the creditor should not grant the credit . such a negative outcome may derive from a wide range of reasons , including but not limited to the consultation of a database or a negative credit score . a positive creditworthiness assessment should not constitute an obligation for the creditor to provide credit . ### a negative creditworthiness assessment should mean that the credit will be granted only in exceptional circumstances . this should be documented by the supervisory authority for auditing purposes . such a negative outcome may derive from a wide range of reasons , including but not limited to the consultation of a database or a negative credit score . a positive creditworthiness assessment should not constitute an obligation for the creditor to provide credit .


### member states shall designate the competent authorities empowered to ensure implementation of this directive and shall ensure that they are granted all the powers necessary for the performance of their duties . ### member states shall designate the competent authorities empowered to ensure implementation of this directive and enactment of all its provisions in the interest of the market and all market participants . they shall ensure that they are granted sufficient resources and all the investigating and sanctioning powers necessary for the performance of their duties . member states shall make it possible for the inquirers to access all premises , request the notification of mortgage contracts , esis , books , invoices and all other professional documents and obtain or take copies of these by any means and on all media and collect information and proof by means of summons or in situ . in case of activity in a host member state , supervision of the ongoing activities of creditors and credit intermediaries shall be performed by the competent authority of the host member state . the competent authority of the home member state shall be required to provide the competent authority of the host member state with all relevant information . competent authorities of the host member state shall have the power to intervene if credit intermediaries fail to comply with their duties and responsibilities defined in this directive . in addition , competent authorities of the host member state shall be granted the right to refuse authorisations .


### without prejudice to the general right of access contained in article 12 of the directive 95 / 46 / ec , where the application is rejected on the basis of an automated decision or a decision based on methods such as automated credit scoring , the creditor informs the consumer immediately and without charge and that the creditor explains the logic involved in the automated decision to the consumer . ### without prejudice to the general right of access contained in article 12 of the directive 95 / 46 / ec , where the application is rejected on the basis of an automated decision or a decision based on methods such as automated credit scoring , the creditor informs the consumer immediately and without charge .


### for the purpose of calculating the annual percentage rate of charge , the total cost of the credit to the consumer shall be determined excluding any charges payable by the consumer for non - compliance with any of his commitments laid down in the credit agreement . where the opening of an account is obligatory in order to obtain the credit , the costs of maintaining such an account , the costs of using a means of payment for both payment transactions and drawdowns on that account , and other costs relating to payment transactions shall be included in the total cost of credit to the consumer , unless the costs have been clearly and separately shown in the credit agreement or in any other agreement concluded with the consumer . ### for the purpose of calculating the annual percentage rate of charge , the total cost of the credit to the consumer shall be determined excluding charges payable by the consumer for non - compliance with any of his commitments laid down in the credit agreement . the costs of maintaining an account recording both payment transactions and drawdowns , the costs of using a means of payment for both payment transactions and drawdowns , and other costs relating to payment transactions shall be included in the total cost of credit to the consumer unless the opening of the account is optional and the costs related to the account have been clearly and separately shown in the credit agreement or in any other agreement concluded with the consumer .


### where the credit application is rejected , the creditor informs the consumer immediately and without charge of the reasons for rejection . ### where the credit application is rejected , the consumer may , if he so wishes , ask the creditor to inform him of the reasons for rejection .


### where the credit application is rejected , the creditor informs the consumer immediately and without charge of the reasons for rejection . ### where the credit application is rejected , the creditor informs the consumer immediately and without charge .


### powers are delegated to the commission in accordance with article 26 and subject to the conditions of articles 27 and 28 , to amend the standard information items laid down in paragraph 1 of this article and the content and format of the esis set out in annex ii . ### powers are delegated to the commission in accordance with article 26 to amend the standard information items laid down in paragraph 1 of this article and the content and format of the esis set out in annex ii .


### where a decision to reject an application for credit is based on data obtained through the consultation of a database or the lack of data therein , the creditor should inform the consumer thereof , of the name of the database consulted and of any other elements required by directive 95 / 46 / ec so as to enable the consumer to exercise his right to access and , where necessary , rectify , erase or block personal data concerning him and processed therein . where a decision to reject an application for credit is based on an automated decision or on systematic methods such as credit scoring systems , the creditor should inform the consumer thereof and explain the logic involved in the decision and of the arrangements enabling the consumer to request the automated decision to be reviewed manually . however , the creditor should not be required to give such information when to do so would be prohibited by other union legislation such as legislation on money laundering or the financing of terrorism . neither should such information be provided where to do so would be contrary to the objectives of public policy or public security such as the prevention , investigation , detection or prosecution of criminal offences . ### where a decision to reject an application for credit is based on data obtained through the consultation of a database or the lack of data therein , the creditor should inform the consumer thereof , of the particulars of the database consulted and of any other elements required by directive 95 / 46 / ec . where a decision to reject an application for credit is based on an automated decision or on systematic methods such as credit scoring systems , the creditor should notify the consumer thereof and inform him that such automated results can also be reviewed manually , though this will not create an obligation for the creditor . however , the creditor should not be required to give such information when to do so would be prohibited by other union legislation such as legislation on money laundering or the financing of terrorism . neither should such information be provided where to do so would be contrary to the objectives of public policy or public security such as the prevention , investigation , detection or prosecution of criminal offences .


### consumers should provide all available relevant information on their financial situation and personal circumstances to the creditor or intermediary in order to facilitate the creditworthiness assessment . the consumer should not , however , be penalised where he is not in a position to provide certain information or assessments of the future evolution of his financial situation . in situations where consumers knowingly provide incomplete or inaccurate information , member states should be able to determine the appropriate penalties . ### consumers should provide all available relevant information on their financial situation and personal circumstances to enable the creditor or intermediary to carry out the creditworthiness assessment , since failure to do so will result in refusal of the credit they seek to obtain . . in situations where consumers knowingly provide incomplete or inaccurate information , member states should be able to determine the appropriate penalties .


### without prejudice to procedures for the withdrawal of authorisation or to the right of member&#160 ; states to impose criminal sanctions , member&#160 ; states shall ensure , in conformity with their national law , that appropriate administrative measures can be taken or administrative sanctions imposed against persons responsible where the provisions adopted in the implementation of this directive have not been complied with . member&#160 ; states shall ensure that these measures are effective , proportionate and dissuasive . member states shall provide for penalties in particular cases where consumers knowingly provide incomplete or incorrect information in order to obtain a positive creditworthiness assessment where the complete and correct information would have resulted in a negative creditworthiness assessment , and are subsequently unable to fulfil the conditions of the agreement , and shall take all measures necessary to ensure that they are implemented . ### member states shall impose sanctions for infringements of the national provisions adopted on the basis of this directive and shall take all measures necessary to ensure that they are implemented . those sanctions shall be effective , proportionate and dissuasive .


### member&#160 ; states shall ensure that , before the conclusion of the credit agreement , a&#160 ; thorough assessment of the consumer ' s creditworthiness is conducted by the creditor , based on criteria including the consumer ' s income , savings , debts and other financial commitments . that assessment shall be carried out on the basis of the necessary information , obtained by the creditor or , where applicable , credit intermediary from the consumer and from relevant internal or external sources and shall respect the requirements with regard to necessity and proportionality set out in article 6 of directive 95 / 46 / ec . member&#160 ; states shall ensure that creditors establish appropriate processes to assess the creditworthiness of the consumer . these processes shall be reviewed at regular intervals and up - to - date records of those processes shall be maintained . ### member states shall ensure that , before the conclusion of the credit agreement , the creditor assesses the consumer ' s creditworthiness on the basis of sufficient information , where appropriate obtained from the consumer and , where necessary , on the basis of a consultation of the relevant database . member&#160 ; states shall ensure that creditors establish appropriate processes to assess the creditworthiness of the consumer . these processes shall be reviewed at regular intervals and up - to - date records of those processes shall be maintained .


### ‘ ancillary service’ means a financial service offered to the consumer by the creditor or credit intermediary in conjunction with the credit agreement . ### ' ancillary service ' means a financial service , required by the creditor - de jure or de facto - or by law and offered to the consumer by the creditor , or a credit intermediary or a third party in conjunction with the credit agreement


### member states may provide that the exercise of the right referred to in paragraph 1 is subject to certain conditions . such conditions may include time limitations on the exercise of the right , different treatment depending on the type of the borrowing rate , or restrictions with regard to the circumstances under which the right may be exercised . member states may also provide that the creditor should be entitled to fair and objectively justified compensation for potential costs directly linked to early repayment of the credit . in any event , if the early repayment falls within a period for which the borrowing rate is fixed , exercise of the right may be made subject to the existence of a special interest on the part of the consumer . ### member states may provide that the creditor should be entitled to fair compensation , where justified , for potential costs directly linked to early repayment of the credit . this compensation should then be calculated using a transparent method laid down prior to the signing of the agreement . the consumer must be clearly informed of the right referred to in paragraph 1 and of the amount of the compensation and the method of calculating it .


### member states shall ensure that the consumer has a statutory or contractual right to discharge his obligations under a credit agreement prior to the expiry of that agreement . in such cases , he shall be entitled to a reduction in the total cost of the credit , such a reduction consisting of the interest and the costs for the remaining duration of the contract . ### member states shall ensure that the consumer has a statutory right to discharge his obligations under a credit agreement prior to the expiry of that agreement . in such cases , he shall be entitled to a reduction in the total cost of the credit , such a reduction consisting of the interest and the costs for the remaining duration of the contract .


### where a decision to reject an application for credit is based on data obtained through the consultation of a database or the lack of data therein , the creditor should inform the consumer thereof , of the name of the database consulted and of any other elements required by directive 95 / 46 / ec so as to enable the consumer to exercise his right to access and , where necessary , rectify , erase or block personal data concerning him and processed therein . where a decision to reject an application for credit is based on an automated decision or on systematic methods such as credit scoring systems , the creditor should inform the consumer thereof and explain the logic involved in the decision and of the arrangements enabling the consumer to request the automated decision to be reviewed manually . however , the creditor should not be required to give such information when to do so would be prohibited by other union legislation such as legislation on money laundering or the financing of terrorism . neither should such information be provided where to do so would be contrary to the objectives of public policy or public security such as the prevention , investigation , detection or prosecution of criminal offences . ### where a decision to reject an application for credit is based on data obtained through the consultation of a database or the lack of data therein , the creditor should inform the consumer thereof , of the name of the database consulted and of any other elements required by directive 95 / 46 / ec so as to enable the consumer to exercise his right to access and , where necessary , rectify , erase or block personal data concerning him and processed therein . where a decision to reject an application for credit is based on an automated decision or on systematic methods such as credit scoring systems , the creditor should inform the consumer thereof as well as about the arrangements enabling the consumer to request the automated decision to be reviewed .


### member states shall ensure that creditors and , where applicable , credit intermediaries provide adequate explanations to the consumer on the proposed credit agreement and any ancillary service , in order to place the consumer in a position enabling him to assess whether the proposed credit agreements are adapted to his needs and financial situation . an adequate explanation shall include the provision of personalised information on the characteristics of the credits on offer , without however formulating any recommendation . creditors and , where applicable , credit intermediaries shall accurately assess the level of knowledge and experience with credit of the consumer by any means necessary so as to enable the creditor or the intermediary to determine the level of explanations to be given to the consumer and adjust such explanations accordingly . such adequate explanations shall include an explanation of the information and terms included in the pre - contractual information to be provided in accordance with articles 9 and 10 and of the consequences that concluding the credit agreement may have for the consumer , including in the event of default in payment by the consumer . ### member states shall ensure that creditors and , where applicable , credit intermediaries provide adequate explanations to the consumer , in order to place the consumer in a position enabling him to assess whether the proposed credit agreement is adapted to his needs and financial situation , where appropriate by explaining the pre - contractual information and the information from the esis , the essential characteristics of the products proposed and the specific effects they may have on the consumer , including the consequences of default in payment by the consumer . member states may adapt the manner by which and the extent to which such assistance is given , as well as by whom it is given , to the particular circumstances of the situation in which the credit agreement is offered , the person to whom it is offered and the type of credit offered .


### this directive shall apply to the following credit agreements : ### this directive shall apply to the following consumer credit agreements :


### member states shall require that , when granting , intermediating or advising on credit and , where appropriate , ancillary services to consumers , the creditor or the credit intermediary acts honestly , fairly and professionally in accordance with the best interests of the consumer . ### member states shall require that , when granting , intermediating or advising on credit , the creditor or the credit intermediary acts honestly , fairly and professionally .


### member states shall designate the competent authorities empowered to ensure implementation of this directive and shall ensure that they are granted all the powers necessary for the performance of their duties . ### member states shall designate the competent authorities empowered to ensure implementation of this directive and enactment of all its provisions in the interest of the market and all market participants . they shall ensure that they are granted sufficient resources and all the investigating and sanctioning powers necessary for the performance of their duties . member states shall make it possible for the inquirers to access all premises , request the notification of mortgage contracts , esis , books , invoices and all other professional documents and obtain or take copies of these by any means and on all media and collect information and proof by means of summons or in situ . in case of activity in a host member state , supervision of the ongoing activities of creditors and credit intermediaries shall be performed by the competent authority of the host member state . the competent authority of the home member state shall be required to provide the competent authority of the host member state with all relevant information . competent authorities of the host member state shall have the power to intervene if credit intermediaries fail to comply with their duties and responsibilities defined in this directive . in addition , competent authorities of the host member state shall be granted the right to refuse authorisations .


### member states shall ensure that the authorities designated as competent for ensuring the implementation of articles 18 , 19 , 20 and 21 of this directive are one of those competent authorities included in article 4 of regulation no 1093 / 2010 establishing a european supervisory authority . ### member states shall ensure that the authorities designated as competent for ensuring the implementation of articles 18 , 19 , 20 , 21 , 22 and 23 of this directive are one of those competent authorities included in article 4 of regulation no 1093 / 2010 establishing a european supervisory authority .


### ‘ credit intermediary’ means a natural or legal person who is not acting as a creditor and who , in the course of his trade , business or profession , for a fee , which may take a pecuniary form or any other agreed form of financial consideration : ### ‘ credit intermediary’ means a natural or legal person who is not acting as a creditor and who , in the course of his trade , business or profession , for remuneration , which may take a pecuniary form or any other agreed form of financial consideration :


### for the purpose of calculating the annual percentage rate of charge , the total cost of the credit to the consumer shall be determined excluding any charges payable by the consumer for non - compliance with any of his commitments laid down in the credit agreement . where the opening of an account is obligatory in order to obtain the credit , the costs of maintaining such an account , the costs of using a means of payment for both payment transactions and drawdowns on that account , and other costs relating to payment transactions shall be included in the total cost of credit to the consumer , unless the costs have been clearly and separately shown in the credit agreement or in any other agreement concluded with the consumer . ### for the purpose of calculating the annual percentage rate of charge , the total cost of the credit to the consumer shall be determined excluding charges payable by the consumer for non - compliance with any of his commitments laid down in the credit agreement . the costs of maintaining an account recording both payment transactions and drawdowns , the costs of using a means of payment for both payment transactions and drawdowns , and other costs relating to payment transactions shall be included in the total cost of credit to the consumer unless the opening of the account is optional and the costs related to the account have been clearly and separately shown in the credit agreement or in any other agreement concluded with the consumer .


### member states shall ensure that appropriate and effective complaints and redress procedures are established for the out - of - court settlement of disputes concerning rights and obligations established under this directive between creditors and consumers and between credit intermediaries and consumers , using existing bodies where appropriate . member states shall further ensure that all creditors and credit intermediaries adhere to one or more such bodies implementing such complaint and redress procedures . ### member states shall ensure that appropriate and effective out - of - court dispute resolution procedures are put in place for the settlement of consumer disputes concerning credit agreements , using existing bodies where appropriate .


### the executive director may be removed from office only upon a decision of the management board acting on a proposal from the european commission . ### the removal from office of the executive director may only take place upon a decision of the management board , reached by a two - thirds majority of its members and acting on a proposal from the european commission or the european parliament .


### the proprietor of a european trade mark shall also be entitled to prevent all third parties from bringing goods , in the context of commercial activity , into the customs territory of the union without being released for free circulation there , where such goods , including packaging , come from third countries and bear without authorization a trade mark which is identical to the european trade mark registered in respect of such goods , or which cannot be distinguished in its essential aspects from that trade mark ' ; ### the proprietor of a european trade mark shall also be entitled to prevent all third parties from bringing goods infringing this european trade mark into the customs territory of the union , where such goods , including packaging : come from third countries and bear without authorization a trade mark which is identical to the european trade mark registered in respect of such goods , or which cannot be distinguished in its essential aspects from that trade mark ; and are intended to be the subject of commercial activity without being released for free circulation in that territory . where the goods referred to in the first subparagraph enter and move around the customs territory of the union under the customs transit system and where these goods are being transported to a third country in which the trade mark is not registered , it is the importer ' s responsibility to prove that the goods in question are indeed destined for consumers on the market of said third country .


### the executive director shall be appointed by the management board , from a list of candidates proposed by the commission , following an open and transparent selection procedure . before being appointed , the candidate selected by the management board may be invited to make a statement before any competent european parliament committee and to answer questions put by its members . for the purpose of concluding the contract with the executive director , the agency shall be represented by the chairperson of the management board . ### the executive director shall be appointed by the management board from a list of at least three candidates proposed following an open and transparent selection procedure by a selection committee made up of two representatives of the member states and representatives of the commission and the european parliament . before being appointed , the candidate selected by the management board may be invited to make a statement before a competent european parliament committee and to answer questions put by its members . for the purpose of concluding a contract with the executive director , the agency shall be represented by the chairperson of the management board .


### the declaration shall be filed at the agency within 4 months from the entry into force of this regulation , and shall indicate , in a clear , precise and specific manner , the goods and services , other than those clearly covered by the literal meaning of the indications of the class heading , originally covered by the proprietor’s intention . the agency shall take appropriate measures to amend the register accordingly . this possibility is without prejudice to the application of articles 15 , 42 , 51 and 57 . ### the declaration shall be filed at the agency at the time of registering alterations or of renewal , and shall indicate , in a clear , precise and specific manner , the goods and services , other than those clearly covered by the literal meaning of the indications of the class heading , originally covered by the proprietor’s intention . the agency shall take appropriate measures to amend the register accordingly . this possibility is without prejudice to the application of articles 15 , 42 , 51 and 57 .


### the amounts of the fees referred to in paragraph 1 shall be fixed at such level as to ensure that the revenue in respect thereof is in principle sufficient for the budget of the agency to be balanced while avoiding the accumulation of significant surpluses . without prejudice to article 139 , the commission shall review the level of fees should a significant surplus become recurrent . if this review does not lead to a reduction or modification in the level of fees which has the effect of preventing the further accumulation of a significant surplus , the surplus accumulated after the review shall be transferred to the budget of the union . ### the amounts of the fees referred to in paragraph 1 shall be fixed at such a level as to ensure that the revenue in respect thereof is in principle sufficient for the budget of the agency to be balanced while avoiding the accumulation of significant surpluses . without prejudice to article 139 , the commission shall revise the level of fees downwards should a significant surplus become recurrent . any significant surplus accumulated in spite of such revision shall be used to promote and improve the european trade mark system .


### the proprietor of a european trade mark shall also be entitled to prevent the importing of goods referred to in paragraph 3 where only the consignor of the goods acts for commercial purposes . ### the proprietor of a european trade mark shall also be entitled to prevent , with the assistance of the national authorities , the importing of goods pursuant to paragraph 3 or the offering of goods pursuant to paragraph 3 , where the consignor , intermediary , agent or online sales services provider of the merchandise acts for commercial purposes .


### support for the development of democratic , pluralistic state institutions , including measures to enhance the role of women in such institutions , effective civilian administration and related legal frameworks at national and local level , an independent judiciary , good governance and law and order , including non - military technical cooperation to strengthen overall civilian control , and oversight over the security system and measures to strengthen the capacity of law enforcement and judicial authorities involved in the fight against terrorism , organised crime and all forms of illicit trafficking ; ### support for the development of democratic , pluralistic state institutions , including measures to enhance the role of women in such institutions , effective civilian administration and related legal frameworks at national and local level , an independent judiciary , good governance and law and order ;