### mobile network operators shall meet all reasonable requests for wholesale roaming access , including those from mobile virtual network operators and resellers . rules on regulated wholesale roaming tariffs laid down in articles 6 , 8 and 11 shall apply for the provision of wholesale roaming access . ### mobile network operators shall meet all reasonable requests for direct wholesale roaming access from any operator , including those from mobile virtual network operators and wholesale resellers , as well as all reasonable requests for wholesale roaming resale from any mobile virtual network operator or retail reseller that they host . rules on regulated wholesale roaming tariffs laid down in articles 6 , 8 and 11 shall apply for the provision of wholesale roaming access .


### such basic personalised tariff information shall be delivered to the roaming customer ' s mobile telephone or other device , for example by an sms message , an e - mail or a pop - up window on the computer , every time the roaming customer enters a member state other than that of his home network and initiates for the first time a regulated data roaming service in that particular member state . it shall be provided free of charge at the moment the roaming customer initiates a regulated data roaming service , by an appropriate means adapted to facilitate its receipt and easy comprehension . ### such basic personalised tariff information shall be delivered to the roaming customer’s mobile telephone or other device , for example by an sms message , an e - mail or a pop - up window on the computer , every time the roaming customer enters a country other than that of his home network and initiates for the first time a data roaming service in that particular country . it shall be provided free of charge at the moment the roaming customer initiates a data roaming service , by an appropriate means adapted to facilitate its receipt and easy comprehension .


### with effect from 1 july 2012 the average wholesale charge that the operator of a visited network may levy from the roaming customer ' s home provider for the provision of regulated data roaming services by means of that visited network shall not exceed a safeguard limit of eur 0 , 30 , eur 0 , 20 as of 1 july 2013 and eur 0 , 10 as of 1 july 2014 per megabyte of data transmitted . without prejudice to article 13 the maximum average wholesale charge for the provision of regulated data roaming services shall remain at eur 0 , 10 per megabyte of data transmitted for the duration of this regulation . ### with effect from 1 july 2012 the average wholesale charge that the operator of a visited network may levy from the roaming customer ' s home provider for the provision of regulated data roaming services by means of that visited network shall not exceed a safeguard limit of eur 50 , eur&#160 ; 40 as of 1 july 2013 and eur&#160 ; 30 as of 1 july 2014 per gigabyte of data transmitted . without prejudice to article 13 the maximum average wholesale charge for the provision of regulated data roaming services shall remain at eur 30 per gigabyte of data transmitted for the duration of this regulation .


### ‘ regulated data roaming service’ means a roaming service enabling the use of packet switched data communications by a roaming customer by means of his mobile telephone or other mobile device while it is connected to a visited network . a regulated data roaming service does not include the transmission or receipt of regulated roaming calls or sms messages , but does include the transmission and receipt of mms messages ; ### ‘ regulated data roaming service’ means a roaming service enabling the use of packet switched data communications by a roaming customer by means of his mobile telephone or other mobile device while it is connected to a visited network . a regulated data roaming service does not include the transmission or receipt of regulated roaming calls or sms messages , the transmission and receipt of mms messages and machine to machine data communication .


### sending regulated roaming sms messages while in the visited member state . ### sending roaming sms messages while in the visited country .


### berec , after consulting stakeholders and in close co - operation with the commission , shall lay down , within a reasonable period of time not exceeding three months after the adoption of this regulation , guidelines with regard to harmonised technical solutions relating to the facility for separate roaming services and to harmonised procedures to change the provider of roaming services . upon a reasoned request from the berec , the commission may extend that period . ### berec , after consulting stakeholders and in close co - operation with the commission , shall lay down , within a reasonable period of time not exceeding three months after the adoption of this regulation , guidelines with regard to harmonised technical solutions relating to the facility for the separate sale of roaming services and to harmonised procedures to change the provider of roaming services , and relating to the facility for enabling access to local data roaming services . upon a reasoned request from berec , the commission may extend that period . where necessary , after consulting stakeholders and in close cooperation with the commission , berec may update the guidelines .


### in order to facilitate customers ' understanding of the financial consequences of the use of regulated data roaming services and to permit them to monitor and control their expenditure , the home provider should give examples for data roaming applications , such as e - mail , picture and web - browsing , by indicating their approximate size in terms of data usage . ### in order to facilitate customers’ understanding of the financial consequences of the use of data roaming services and to permit them to monitor and control their expenditure , the home provider should give examples for data roaming applications , such as e - mail , picture and web - browsing , by indicating their approximate size in terms of data usage .


### the retail charge of a eurotariff which a home provider may levy from its roaming customer for the provision of a regulated roaming call may vary for any roaming call but shall not exceed eur 0 , 32 per minute for any call made or eur 0 , 11 per minute for any call received as of 1 july 2012 . the price ceiling for calls made shall decrease to eur 0 , 28 and eur 0 , 24 on 1 july 2013 and on 1 july 2014 respectively , and for calls received to eur 0 , 10 on 1 july 2013 . without prejudice to articles 13 and 19 these regulated maximum retail charges for the eurotariff shall remain valid until 30 june 2016 . ### the retail charge of a eurotariff which a home provider may levy from its roaming customer for the provision of a regulated roaming call may vary for any roaming call but shall not exceed eur 0 , 21 per minute for any call made or eur 0 , 09 per minute for any call received as of 1 july 2012 . the price ceiling for calls made shall decrease to eur 0 , 16 and eur 0 , 11 on 1 july 2013 and on 1 july 2014 respectively , and for calls received to eur 0 , 07 on 1 july 2013 , and 0 , 05 on 1 july 2014 . without prejudice to articles 13 and 19 these regulated maximum retail charges for the eurotariff shall remain at eur 0 , 05 for the duration of this regulation .


### the retail charge of a eurotariff which a home provider may levy from its roaming customer for the provision of a regulated roaming call may vary for any roaming call but shall not exceed eur 0 , 32 per minute for any call made or eur 0 , 11 per minute for any call received as of 1 july 2012 . the price ceiling for calls made shall decrease to eur 0 , 28 and eur 0 , 24 on 1 july 2013 and on 1 july 2014 respectively , and for calls received to eur 0 , 10 on 1 july 2013 . without prejudice to articles 13 and 19 these regulated maximum retail charges for the eurotariff shall remain valid until 30 june 2016 . ### the retail charge of a eurotariff which a home provider may levy from its roaming customer for the provision of a regulated roaming call may vary for any roaming call but shall not exceed eur 0 , 20 per minute for any call made or eur 0 , 07 per minute for any call received as of 1 july 2012 . the price ceiling for calls made shall decrease to eur 0 , 15 and eur 0 , 10 on 1 july 2013 and on 1 july 2014 respectively , and for calls received to eur 0 , 06 on 1 july 2013 , and 0 , 05 on 1 july 2014 . without prejudice to article 19 these regulated maximum retail charges for the eurotariff shall remain valid until 30 june 2017 .


### with effect from 1 july 2012 , the average wholesale charge that the operator of a visited network may levy from the customer ' s home provider , for the provision of a regulated roaming sms message originating on that visited network , shall not exceed eur&#160 ; &#160 ; 0 , 03 per sms message . &#160 ; the maximum average wholesale charge for the provision of a regulated roaming sms message shall decrease to eur 0 , 02 on 1 july 2014 . without prejudice to article 13 the regulated wholesale charge for the provision of regulated roaming sms messages shall remain at eur 0 , 02 for the duration of this regulation . &#160 ; ### with effect from 1 july 2012 , the average wholesale charge that the operator of a visited network may levy from the customer ' s home provider , for the provision of a regulated roaming sms message originating on that visited network , shall not exceed eur 0 , 03 per sms message , and shall decrease to eur 0 , 02 on 1 july 2013 and to eur 0 , 01 on 1 july 2014 . without prejudice to article 19 the regulated wholesale charge for the provision of regulated roaming sms messages shall remain at eur 0 , 01 for the duration of this regulation . &#160 ;


### if necessary , the commission could give a mandate to a european standardisation body for the adaptation of the relevant standards that are necessary for the harmonised implementation of the facility . ### if necessary , the commission shall give a mandate to a european standardisation body for the adaptation of the relevant standards that are necessary for the harmonised implementation of the facility . the commission , after having consulted berec , shall be empowered to adopt delegated acts in accordance with article 18a in order to establish harmonised technical solutions relating both to the facility for separate roaming services and to harmonised procedures to change the provider of roaming services .


### in order to ensure that regulatory obligations on wholesale and retail charges for voice , sms and data roaming services are not maintained longer than necessary when the structural solutions are fully in place and competition is sufficiently developed in the roaming market , conditions should be set for non - application of maximum wholesale and retail charges already before the deadlines foreseen . such conditions should be based on a significant difference between price caps and actual price levels . it is considered that a significant difference will be reached if prices have on average in the union reached 75% of the price cap . for wholesale price caps the 75% criterion shall be based on the unbalanced traffic between operators that do not belong to the same group . in order to limit distortions between member states , the 75% criterion for retail price caps shall be calculated by averaging at the union level the national averages for each roaming service separately . ### in order to ensure that regulatory obligations on wholesale and retail charges for voice , sms and data roaming services are not maintained longer than necessary when the structural solutions are fully in place and competition is sufficiently developed in the roaming market , the commission shall review the operation of this regulation in 2016 and analyse whether the objectives of this regulation have been achieved .


### with effect from 1 july 2012 , the average wholesale charge that the operator of a visited network may levy from the customer ' s home provider , for the provision of a regulated roaming sms message originating on that visited network , shall not exceed eur&#160 ; &#160 ; 0 , 03 per sms message . &#160 ; the maximum average wholesale charge for the provision of a regulated roaming sms message shall decrease to eur 0 , 02 on 1 july 2014 . without prejudice to article 13 the regulated wholesale charge for the provision of regulated roaming sms messages shall remain at eur 0 , 02 for the duration of this regulation . &#160 ; ### with effect from 1 july 2012 , the average wholesale charge that the operator of a visited network may levy from the customer ' s home provider , for the provision of a regulated roaming sms message originating on that visited network , shall not exceed eur 0 , 03 per sms message , and shall decrease to eur 0 , 02 on 1 july 2013 and to eur 0 , 01 on 1 july 2014 . without prejudice to article 13 the regulated wholesale charge for the provision of regulated roaming sms messages shall remain at eur 0 , 01 for the duration of this regulation . &#160 ;


### home providers shall ensure that their roaming customers , both before and after the conclusion of a contract , are kept adequately informed of the charges which apply to their use of regulated data roaming services , in ways which facilitate customers ' understanding of the financial consequences of such use and permit them to monitor and control their expenditure on regulated data roaming services in accordance with paragraphs 2 and 3 . the safeguard mechanisms referred to in paragraph 3 shall not apply to pre - paid customers . ### home providers shall ensure that their roaming customers , both before and after the conclusion of a contract , are kept adequately informed of the charges which apply to their use of data roaming services , in ways which facilitate customers ' understanding of the financial consequences of such use and permit them to monitor and control their expenditure on data roaming services in accordance with paragraphs 2 and 3 . the safeguard mechanisms referred to in paragraph 3 shall apply both to pre - paid and to post - paid customers .


### draft legislative resolution member states shall determine what penalties are applicable when national provisions enacted pursuant to this decision are infringed . the penalties shall be effective , proportionate and dissuasive . ### member states shall determine what penalties are applicable when national provisions enacted pursuant to this decision are infringed .


### since any incident affecting the security of the prs must be notified , each competent prs authority shall implement methods of detecting and rectifying the incident and of reporting it to the security centre . ### since any event affecting the security of the prs must be notified , each competent prs authority shall implement methods of detecting and rectifying the event and of reporting it to the security centre .


### it is important in this connection that the member states determine the system of penalties applicable in the event of non - compliance with the obligations stemming from this decision , and that they ensure that those penalties are applied . the penalties must be effective , proportionate and dissuasive . ### it is important in this connection that the commission determines the system of penalties applicable in the event of non - compliance with the obligations stemming from this decision , and that it ensures that those penalties are applied . the penalties must be effective , proportionate and dissuasive .


### it is important in this connection that the member states determine the system of penalties applicable in the event of non - compliance with the obligations stemming from this decision , and that they ensure that those penalties are applied . the penalties must be effective , proportionate and dissuasive . ### it is important in this connection that the commission determines the system of administrative measures applicable in the event of non - compliance with the obligations stemming from this decision , while the member states shall determine what penalties are applicable when national provisions enacted pursuant to this decision are infringed . the member states ensure that those penalties and administrative measures are applied . in all cases , the administrative measures and the penalties must be effective , proportionate and dissuasive . when administrative measures or penalties are imposed , the right of appeal for the accused individual or entity should be guaranteed .


### eib financing operations supporting the objectives provided for in paragraph 1 shall support investment projects in climate change mitigation and adaptation which contribute to the overall objective of the united nations framework convention on climate change , in particular by avoiding or reducing greenhouse gas emissions in the areas of renewable energy , energy efficiency and sustainable transport , or by increasing resilience to the adverse impacts of climate change on vulnerable countries , sectors and communities . over the period covered by the decision , the volume of these operations shall represent at least 25% of total eib financing operations . ### eib financing operations supporting the objectives provided for in paragraph 1 shall support investment projects in climate change mitigation and adaptation which contribute to the overall objective of the united nations framework convention on climate change , in particular by avoiding or reducing greenhouse gas emissions in the areas of renewable energy , energy efficiency and sustainable transport , or by increasing resilience to the adverse impacts of climate change on vulnerable countries , sectors and communities . the eligibility criteria for climate action projects shall be specified in an annex to this decision during the mid - term review , and be reflected in the climate change strategy of the eib . over the period covered by the decision , the volume of these operations shall represent at least 25% of total eib financing operations .


### in its financing operations outside the union that fall within the scope of this decision , the eib should endeavour further to enhance coordination and cooperation with european financial institutions and international financial institutions , notably those participating in the eu platform for blending in external cooperation . this cooperation includes , where appropriate , cooperation on sector conditionality and mutual reliance on procedures , use of joint co - financing and participation in global initiatives , such as those promoting aid coordination and effectiveness . such coordination and cooperation should strive to minimise possible duplication of costs and unnecessary overlap . the tripartite memorandum of understanding between the commission , the eib group and the european bank for reconstruction and development in respect of cooperation outside the union , which allows the eib group and the ebrd to act in a complementary way by relying on their respective comparative advantages , was updated in 2012 to cover the extension of ebrd ' s geographical scope to the mediterranean region and should continue to be applied . the principles set out in this decision should also be applied when eib financing is implemented through cooperation agreements with other european financial institutions and international financial institutions . ### in its financing operations outside the union that fall within the scope of this decision , the eib should endeavour further to enhance coordination and cooperation with european financial institutions and international financial institutions , notably those participating in the eu platform for blending in external cooperation . this cooperation includes , where appropriate , cooperation on sector conditionality and mutual reliance on procedures , use of joint co - financing and participation in global initiatives , such as those promoting aid coordination and effectiveness . such coordination and cooperation should strive to minimise possible duplication of costs and unnecessary overlap . the tripartite memorandum of understanding between the commission , the eib group and the european bank for reconstruction and development in respect of cooperation outside the union , which allows the eib group and the ebrd to act in a complementary way by relying on their respective comparative advantages , was updated in 2012 to cover the extension of ebrd ' s geographical scope to the mediterranean region and should continue to be applied . the principles set out in this decision should also be applied when eib financing is implemented through cooperation agreements with other european financial institutions and international financial institutions , including regarding consistency with union ' s development objectives , aid effectiveness principles and transparency .


### farmers in the smaller aegean islands should be encouraged to supply quality products and the marketing of such products should be assisted . ### farmers in the smaller aegean islands should be encouraged to supply quality products , apply community standards for organic farming and use traditional farming methods , and the marketing of such products should be assisted . with this in view , it should be permissible in future to link the granting of aid to production . support measures should be designed to ensure production of local agricultural products which for the most part are traditional products with protected designation of origin and protected geographical indication .


### the problems experienced by the smaller aegean islands are accentuated by the small size of the islands . in order to guarantee the effectiveness of the measures envisaged , such measures should only apply to small islands . ### the problems experienced by the smaller aegean islands are accentuated by the small size of the islands . in order to guarantee the effectiveness of the measures envisaged , such measures should apply to all aegean islands except for crete and evia .


### in order to provide for the single supervisory mechanism , council regulation no … / …3 [ 127 regulation ] confers specific tasks on the ecb concerning policies relating to the prudential supervision of credit institutions in the member states whose currency is the euro . other member states may enter in a close cooperation with the ecb . under that regulation , the ecb is to coordinate and express the position of those member states on the decisions to be taken by the board of supervisors of the european banking authority falling within the scope of the ecb tasks . ### in order to provide for the single supervisory mechanism , council regulation no … / …3 [ 127 regulation ] confers specific tasks on the ecb concerning policies relating to the prudential supervision of credit institutions in the member states whose currency is the euro . other member states may enter in a close cooperation with the ecb .


### an aifm may only market shares or units of an aif domiciled in a third country to professional investors domiciled in a member state , if the third country has signed an agreement with this member state which fully complies with the standards laid down in article 26 of the oecd model tax convention and ensures an effective exchange of information in tax matters . ### an aifm may only market shares or units of an aif domiciled in a third country to professional investors domiciled in a member state if the third country is included on the oecd list of jurisdictions which have substantially implemented the internationally agreed tax standard .


### aifm shall ensure that , for each aif that it manages , a valuator is appointed which is independent of the aifm to establish the value of assets acquired by the aif and the value of the shares and units of the aif . ### aifm shall ensure that , for each aif that it manages , a certified valuator is appointed to establish , on the basis of statutory valuation guidelines , the value of assets acquired by the aif and the value of the shares and units of the aif .


### the depositary shall be liable to the aifm and the investors of the aif for any losses suffered by them as a result of its failure to perform its obligations pursuant to this directive . ### the depositary shall be liable to the aifm and the investors of the aif for any losses suffered by them as a result of its unjustifiable failure to perform its obligations pursuant to this directive .


### where , following an acquisition of 30 % or more of the voting rights of an issuer , the shares of that issuer are no longer admitted to trading on a regulated market , it shall nevertheless continue to comply with its obligations under directive 2004 / 109 / ec for two years from the date of withdrawal from the regulated market . ### where , following the securing of a dominant influence over an issuer , the shares of that issuer are no longer admitted to trading on a regulated market , it shall nevertheless continue to comply with its obligations under directive 2004 / 109 / ec for one year from the date of withdrawal from the regulated market .


### member states shall ensure that no aifm covered by this directive provides management services to any aif or markets shares or units thereof without prior authorisation . entities which are neither authorised in accordance with this directive nor , in case of aifm not covered by this directive , in accordance with the national law of a member state , shall not be allowed to provide management services to aif or market units or shares thereof within the community . ### member states shall ensure that no aifm covered by this directive provides management services to any aif or markets shares or units thereof without prior authorisation . entities which are not authorised in accordance with this directive shall not be entitled to market units or shares of aif within the community . however , such entities may themselves or through intermediaries , including aifm authorised in accordance with this directive , market units or shares of aif to investors in a member state in accordance with the national law of that member state . this directive shall not operate to prevent or restrict persons from selling or otherwise disposing of units or shares which they hold in aif on the capital market , and a person who holds units or shares in an aif may himself or through any intermediary , including an aifm authorised in accordance with this directive , market such shares or units to investors in a member state in accordance with the national law of that member state , where such marketing is not at the initiative of the aifm managing such aif .


### aifm shall ensure that , for each aif that it manages , a valuator is appointed which is independent of the aifm to establish the value of assets acquired by the aif and the value of the shares and units of the aif . ### aifm shall ensure that , for each aif that it manages , an independent valuation is carried out to establish the value of assets acquired by the aif and the value of the shares and units of the aif .


### aifm managing one or more aif which either individually or in aggregation acquires 30 % or more of the voting rights of an issuer or of a non - listed company domiciled in the community , as appropriate ; ### aifm exercising , on the basis of the equity interests or other interests held by one or more aif they manage , a dominant influence over an issuer or over a non - listed company . at all events , the acquisition of more than 25% of the voting rights shall be deemed to constitute a dominant influence ;


### the date on which the threshold was reached or exceeded . ### the date on which the controlling influence was reached or exceeded .


### depositaries may delegate their tasks to other depositaries . ### depositaries may delegate their tasks , apart from the functions of monitoring and overseeing their sub - depositaries . a depositary shall not delegate its functions to the extent that it becomes a ' letter - box ' entity .


### the commission shall adopt implementing measures further specifying the criteria under which a valuator can be considered independent in the meaning of paragraph 1 . those measures , designed to amend non - essential elements of this directive by supplementing it , shall be adopted in accordance with the regulatory procedure with scrutiny referred to in article 49 . ### deleted


### the scope of this directive should be confined to the management of collective investment undertakings which raise capital from a number of investors with a view to investing it in accordance with a defined investment policy on the principle of risk - spreading for the benefit of those investors . this directive should not apply to the management of pension funds or managers of non - pooled investments such as endowments , sovereign wealth funds or assets hold on own account by credit institutions , insurance or reinsurance undertakings . this directive should neither apply to actively managed investments in the form of securities , such as certificates , managed futures , or index - linked bonds . it should , however , cover managers of all collective investment undertakings which are not required to be authorised as ucits . investment firms authorised under directive 2004 / 39 / ec on markets in financial instruments should not be required to obtain an authorisation under this directive in order to provide investment services in respect of aif . investment firms can however only provide investment services in respect of aif , if and to the extent the units or shares thereof can be marketed in accordance with this directive . ### the scope of this directive should be confined to the management of collective investment undertakings which raise capital from a number of investors with a view to investing it in accordance with a defined investment policy on the principle of risk - spreading for the benefit of those investors . it should cover managers of all such collective investment undertakings which are not required to be authorised as ucits . this directive should not apply to the management of pension funds or managers of non - pooled investments such as endowments , sovereign wealth funds or assets held on own account by credit institutions , insurance or reinsurance undertakings . this directive should neither apply to actively managed investments in the form of securities , such as certificates , managed futures , or index - linked bonds . nor , for the purposes of this directive , should an undertaking which principally acts as a holding entity for a group of subsidiary undertakings , and which owns strategic stakes in undertakings with a view to long - term holding rather than for the purpose of generating returns through divestment within a defined timeframe , be regarded as a collective investment undertaking . investment firms authorised under directive 2004 / 39 / ec on markets in financial instruments should not be required to obtain an authorisation under this directive in order to provide investment services in respect of aif . investment firms can however only provide investment services in respect of aif , if and to the extent the units or shares thereof can be marketed in accordance with this directive .


### those measures , designed to amend non - essential elements of this directive by supplementing it , shall be adopted in accordance with the regulatory procedure with scrutiny referred to in article 49 . ### the delegation of power shall be valid for three years from the date of entry into force of this directive and shall be extended on a request from the commission for periods of three years unless the european parliament or the council objects within three months of the request . a delegated act adopted pursuant to this article shall enter into force only if no objection has been expressed by the european parliament or the council within a period of three months .


### the scope of this directive should be confined to the management of collective investment undertakings which raise capital from a number of investors with a view to investing it in accordance with a defined investment policy on the principle of risk - spreading for the benefit of those investors . this directive should not apply to the management of pension funds or managers of non - pooled investments such as endowments , sovereign wealth funds or assets hold on own account by credit institutions , insurance or reinsurance undertakings . this directive should neither apply to actively managed investments in the form of securities , such as certificates , managed futures , or index - linked bonds . it should , however , cover managers of all collective investment undertakings which are not required to be authorised as ucits . investment firms authorised under directive 2004 / 39 / ec on markets in financial instruments should not be required to obtain an authorisation under this directive in order to provide investment services in respect of aif . investment firms can however only provide investment services in respect of aif , if and to the extent the units or shares thereof can be marketed in accordance with this directive . ### the scope of this directive should be confined to the management of collective investment undertakings which raise capital from a number of investors with a view to investing it in accordance with a defined investment policy on the principle of risk - spreading for the benefit of those investors . this directive should not apply to the management of aif managed exclusively for their parent undertaking or subsidiaries , or of pension funds or managers of non - pooled investments such as endowments , sovereign wealth funds or assets held on own account by credit institutions , insurance or reinsurance undertakings , or to the management of investment products authorised in accordance with national law and sold only nationally on the territory of a respective member state , or to national , regional and local governments and government investment vehicles and bodies or institutions which manage funds supporting social security and pension systems or employee participation schemes . this directive should neither apply to actively managed investments in the form of securities , such as certificates , managed futures , or index - linked bonds . in order to avoid regulatory overlap , the scope of this directive should not apply to closed - ended collective investment undertakings listed on a regulated market which are subject to regulation under directive 2001 / 34 / ec of the european parliament and of the council of 28 may 2001 on the admission of securities to official stock exchange listing and on information to be published on those securities 1 , directive 2004 / 109 / ec of the european parliament and of the council of 15 december 2004 on the harmonisation of transparency requirements in relation to information about issuers whose securities are admitted to trading on a regulated market 2 and directive 2003 / 71 / ec of the european parliament and of the council of 4 november 2003 on the prospectus to be published when securities are offered to the public or admitted to trading 3 . to provide a harmonised approach , the commission should as soon as possible , and at the very latest by the date of entry into force of this directive , review these directives and , where appropriate , bring forward legislative proposals to ensure equivalent regulation . this directive should cover managers of all collective investment undertakings which are not required to be authorised as ucits . investment firms authorised under directive 2004 / 39 / ec on markets in financial instruments should not be required to obtain an authorisation under this directive in order to provide investment services in respect of aif . investment firms can however only provide investment services in respect of aif , if and to the extent the units or shares thereof can be marketed in accordance with this directive . _____________ 1 oj l 184 , 6 . 7 . 2001 , p . 1 . 2 oj l 390 , 31 . 12 . 2004 , p . 38 . 3 oj l 345 , 31 . 12 . 2003 , p . 64 .


### the third country has signed an agreement with the member state in which it applies for authorisation which fully complies with the standards laid down in article 26 of the oecd model tax convention and ensures an effective exchange of information in tax matters . ### the third country has signed an agreement with the member state in which it applies for authorisation which complies with the standards laid down in article 26 of the oecd model tax convention and ensures an effective exchange of information in tax matters .


### the depositary shall be liable to the aifm and the investors of the aif for any losses suffered by them as a result of its failure to perform its obligations pursuant to this directive . ### the depositary shall be liable to the aifm and the investors of the aif for any losses suffered by them as a result of its unjustifiable failure to perform its obligations pursuant to this article or its improper performance of them .


### the commission shall adopt implementing measures specifying the criteria to be used by competent authorities to assess whether aifm comply with their obligation under paragraph 1 . ### the commission shall be empowered by delegation to adopt acts , in accordance with article 290 of the treaty on the functioning of the european union , in respect of criteria to be used by competent authorities to assess whether aifm comply with their obligation under paragraph 1 .


### the short - listed candidate cities shall complete their applications according to the criteria and the recommendations issued by the panel during its pre - selection meeting and transmit them to the member states concerned , which shall then forward them to the commission . ### the shortlisted candidate cities shall revise their applications so as to take into account the recommendations issued by the panel during its pre - selection meeting , and shall transmit them to the member states concerned , which shall then forward them to the commission .


### however , for reasons of equity with the cities in the member states , every city shall only be allowed to participate in one competition for cities in candidate and potential candidate countries during the period from 2020 to 2033 , and it shall not be possible for a city which participated in such a competition to participate in any subsequent competition in a new member state under the rules laid down in article 3 during that same period . ### however , for reasons of equity with the cities in the member states , every city shall be allowed to participate in one competition only for cities in both the candidate and potential candidate countries during the period from 2020 to 2033 , and it shall not be permissible for a city which participated in such a competition to participate in any subsequent competition in a new member state , under the rules laid down in article 3 , during that same period .


### to strengthen the capacity of the cultural sector and its connectivity with other sectors ; ### to strengthen the capacity of the cultural sector and its links with other sectors , in particular those concerned with education , scientific research and the environment ;


### the commission shall pre - select a pool of potential panel members following the organisation of a call for expression of interest . the european parliament , the council and the commission shall subsequently select three experts each from this pool and appoint them in accordance with their respective procedures . the committee of the regions shall select one expert and appoint him / her in accordance with its procedures . ### after organising a call for expressions of interest , the commission shall put forward a shortlist of all potential panel members who expressed their interest and who are deemed to meet the qualification criteria . the european parliament , the council and the commission shall subsequently select three experts each , and the committee of the regions one expert , from that shortlist and appoint them in accordance with their respective procedures .


### where a country accedes to the union after the adoption of the present decision , the list referred to in the annex shall be updated accordingly . thus the cities in this country shall be entitled to be designated as european capitals of culture according to the same rules and procedures as for other member states . ### where a country accedes to the union after the adoption of this decision , the list set out in the annex shall be updated accordingly . thus the cities in that country shall be entitled to be designated as european capitals of culture in accordance with the same rules and procedures as for other member states . the order of accession of countries shall be respected . if two or more countries accede to the union at the same date and if no agreement on the order of participation can be reached between the countries concerned , the council shall organize a draw .


### every application shall be based on a cultural programme with a strong european dimension . this programme shall last one year and shall be created specifically for the european capital of culture title , in accordance with the criteria in article 5 . it must however be embedded in a long term strategy for cultural development in the city . ### every application shall be based on a cultural programme with a strong european dimension . this programme shall last for one year and shall be created specifically for the title of european capital of culture , in accordance with the criteria laid down in article 5 . it shall however be embedded in a long - term strategy for cultural development in the city .


### the plans to strengthen the long term links between the cultural sector and the economic and social sectors in the city ; ### the plans to strengthen the long - term links between cultural sectors and the economic and social sectors in the city ;


### the communication from the commission to the european parliament , the council , the european economic and social committee and the committee of the regions on a european agenda for culture in a globalizing world , endorsed by the council in resolution of 16 november 2007 on a european agenda for culture sets the objectives for future activities of the union in the field of culture . these activities should promote cultural diversity and intercultural dialogue . they should also promote culture as a catalyst for creativity within the framework of growth and jobs , as well as a vital element in the union ' s international relations . ### the communication from the commission to the european parliament , the council , the european economic and social committee and the committee of the regions on a european agenda for culture in a globalizing world , endorsed by the european parliament in its resolution of 10 april 20081 and by the council in its resolution of 16 november 2007 on a european agenda for culture sets the objectives for future activities of the union in the field of culture . these activities should promote cultural diversity and intercultural dialogue . they should also promote culture as a catalyst for creativity within the framework of growth and jobs , as well as a vital element in the union ' s international relations . ____________ 1oj c 247 e , 15 . 10 . 2009 , p . 32 .


### every application shall be based on a cultural programme with a strong european dimension . this programme shall last one year and shall be created specifically for the european capital of culture title , in accordance with the criteria in article 5 . it must however be embedded in a long term strategy for cultural development in the city . ### every application shall be based on a cultural programme with a strong european dimension . this programme shall last for the year of the european capital of culture title and shall be presented specifically for the title , in accordance with the criteria in article 5 . it must however be embedded in a long term strategy for cultural development in the city .


### the selection criteria should be more explicit in order to give more guidance to the candidate cities and more measurable in order to help the panel of experts in the selection and monitoring of cities . they should in particular reinforce the legacy of the title by rewarding cities which have developed a long - term cultural policy strategy . ### the selection criteria should be made more explicit in order to afford more guidance to the candidate cities , and more measurable in order to help the panel of experts in the selection and monitoring of cities . the criteria should in particular reinforce the legacy of the title by rewarding cities which have developed a long - term cultural policy strategy and which have been actively involved with union projects .


### these objectives are fully in line with the objectives of the creative europe programme which aims to promote european cultural and linguistic diversity and to strengthen the competitiveness of the cultural and creative sectors , with a view to supporting smart , sustainable and inclusive growth . ### these objectives are fully in line with the objectives of the creative europe programme , the aims of which are to safeguard and promote european cultural and linguistic diversity , safeguard and enhance europe ' s cultural heritage and strengthen the competitiveness of the cultural and creative sectors , with a view to supporting smart , sustainable and inclusive growth .


### the evaluations and the public consultation have demonstrated that the european capitals of culture have many potential benefits when they are planned with consideration . they remain first and foremost a cultural initiative , but they can also have significant social and economic benefits , particularly when they are embedded as part of a long - term culture led development strategy in the city . ### the evaluations and the public consultation have convincingly shown that the european capitals of culture hold many potential benefits when they are carefully planned . they remain first and foremost a cultural initiative , but they can also bring significant social and economic benefits , particularly when they are embedded within a long - term culture - led development strategy in the city .


### the european capital of culture title should continue to be reserved to cities , but in order to reach a wider public and amplify the impacts , these cities should also continue to have the possibility to involve their surrounding region . ### the european capital of culture title should in principle be awarded to cities ; exceptionally , the title may be awarded to a region , which may be a cross - border region , where it is shown in the concept for the candidate region concerned that this will make it possible to reach a wider public , amplify the impacts and make a significant contribution to achieving the scheme ' s objectives .


### furthermore , also for reasons of equity with member states , each candidate country or potential candidate country shall only be allowed to host the title once during the period from 2020 to 2033 . therefore , cities from countries which were already awarded the title shall not be allowed to participate in the subsequent competitions during that same period . ### furthermore , each candidate country or potential candidate country shall only be allowed to host the title once during the period from 2020 to 2033 .


### the competition for the european capital of culture title shall only be open to cities . candidate cities may involve their surrounding regions . however , the applications shall be made under the name of the leading city and , if selected , the title will be awarded to this city . ### the competition for the title of european capital of culture shall be open only to cities . candidate cities may involve their neighbouring areas , including those in countries adjacent to them . however , the application shall be made under the name of the lead city and , if that city is selected , it shall be awarded the title .


### the preparation phase between the designation of a city and the year of the title is of crucial importance for the success of a european capital of culture . there is a large consensus among stakeholders that the accompanying measures introduced by decision n° 1622 / 2006 / ec have been very useful for the cities . these measures should be further developed in particular through more frequent monitoring meetings and visits to the cities by panel members , and through an even stronger exchange of experience between past , present and future capitals , as well as candidate cities . ### the preparation phase between the designation of a city and the year of the title is of crucial importance for the success of a european capital of culture . there is broad consensus among stakeholders that the accompanying measures introduced by decision n° 1622 / 2006 / ec have been very useful for the cities . these measures should be further developed , in particular through more frequent monitoring meetings and visits to the cities by panel members , and through an even stronger exchange of experience between past , present and future capitals , as well as candidate cities , especially by using the already established formal and informal networks of european capitals of culture .


### the european panel shall consist of 10 members . they shall be citizens of the union . they shall be independent experts with substantial experience and expertise in the cultural sector , in the cultural development of cities or in the organisation of a european capital of culture . they shall also be able to devote an appropriate number of working days per year to the european panel . ### the european panel shall consist of 10 members . they shall be citizens of the union . they shall be independent experts with substantial experience and expertise in the fields relevant to the objectives of the action . they shall also be able to devote sufficient time to the european panel .


### if the conditions laid down in paragraph 1 are fulfilled and the melina mercouri prize is awarded to a designated city , the prize shall be paid no later than the end of june of the year of the title , provided that the city keeps to the commitments it made at the application stage and all the recommendations made by the european panel in the selection and monitoring reports were implemented . ### if the conditions laid down in paragraph 1 are fulfilled and the prize is awarded to a designated city , the amount of the prize shall be paid no later than the end of march of the year of the title , provided that the city keeps to the commitments it made at the application stage and all the recommendations made by the european panel in the selection and monitoring reports have been implemented .


### however , for reasons of equity with the cities in the member states , every city shall only be allowed to participate in one competition for cities in candidate and potential candidate countries during the period from 2020 to 2033 , and it shall not be possible for a city which participated in such a competition to participate in any subsequent competition in a new member state under the rules laid down in article 3 during that same period . ### however , for reasons of equity with the cities in the member states , every city shall be allowed to participate in one competition only for cities in both the candidate and potential candidate countries during the period from 2020 to 2033 , and it shall not be permissible for a city which participated in such a competition to participate in any subsequent competition in a new member state , under the rules laid down in article 3 , during that same period .


### the feasibility of the proposed budget . this budget shall cover the preparation phase , the year of the title in itself and provisions for the legacy activities ; ### the feasibility of the fund - raising strategy and proposed budget , including efficient use of appropriate union funding . this budget shall cover the preparation phase , the year of the title in itself and provisions for the legacy activities ;


### the application has cross - party political support ; ### the application has broad cross - party political support ;


### the european panel shall assess the applications according to the criteria set out in article 5 . it shall agree on a short - list of candidate cities which are to be considered further and issue a report on the applications of all the candidate cities and recommendations to the short - listed candidate cities . ### the european panel shall assess the applications in accordance with the criteria set out in article 5 . it shall agree on a shortlist of candidate cities and issue a report on the applications of all the candidate cities and recommendations to the shortlisted candidate cities .


### the commission shall pre - select a pool of potential panel members following the organisation of a call for expression of interest . the european parliament , the council and the commission shall subsequently select three experts each from this pool and appoint them in accordance with their respective procedures . the committee of the regions shall select one expert and appoint him / her in accordance with its procedures . ### after organising a call for expressions of interest , the commission shall put forward a shortlist of all potential panel members who expressed their interest and who are deemed to meet the qualification criteria . the european parliament , the council and the commission shall subsequently select three experts each , and the committee of the regions one expert , from that shortlist and appoint them in accordance with their respective procedures .


### every application shall be based on a cultural programme with a strong european dimension . this programme shall last one year and shall be created specifically for the european capital of culture title , in accordance with the criteria in article 5 . it must however be embedded in a long term strategy for cultural development in the city . ### every application shall be based on a cultural programme with a strong european dimension . this programme shall last for one year and shall be created specifically for the title of european capital of culture , in accordance with the criteria laid down in article 5 . it shall however be embedded in a long - term strategy for cultural development in the city .


### each institution and body shall seek to ensure that the competences of the experts it appoints are as complementary as possible , and that those experts are drawn from a balanced geographical spectrum . ### each of those institutions and bodies shall seek to ensure complementarity of the areas of competence of the experts it appoints , as well as a balanced geographical distribution and gender balance in the overall composition of the european panel .


### where a country accedes to the union after the adoption of the present decision , the list referred to in the annex shall be updated accordingly . thus the cities in this country shall be entitled to be designated as european capitals of culture according to the same rules and procedures as for other member states . ### where a country accedes to the union after the adoption of this decision , the list set out in the annex shall be updated accordingly . thus the cities in that country shall be entitled to be designated as european capitals of culture in accordance with the same rules and procedures as for other member states . the order of accession of countries shall be respected . if two or more countries accede to the union at the same date and if no agreement on the order of participation can be reached between the countries concerned , the council shall organize a draw .


### the competition for the european capital of culture title shall only be open to cities . candidate cities may involve their surrounding regions . however , the applications shall be made under the name of the leading city and , if selected , the title will be awarded to this city . ### in principle , the competition for the european capital of culture title shall be open to cities . exceptionally , the title may be awarded to a region , which may be a cross - border region , where it is shown in the concept for the candidate region concerned that this will make it possible to reach a wider public , amplify the impacts and make a significant contribution to achieving the scheme ' s objectives . however , the applications shall always be made under the name of a leading city located in a member state which is entitled to apply that year .


### to strengthen the capacity of the cultural sector and its connectivity with other sectors ; ### to strengthen the capacity of the cultural sector and its links with other sectors , in particular those concerned with education , scientific research and the environment ;


### the award of the title of european capital of culture should continue to be based on a cultural programme created specifically for the european capital of culture year and which should have a very strong european dimension , but this programme must be part of a longer - term strategy . ### the award of the title of european capital of culture should continue to be based on a cultural programme created specifically for the european capital of culture year and which should have a very strong european dimension , including the integration of union programmes and policies into the year , but this programme must be part of a longer - term strategy .


### the european capital of culture title should continue to be reserved to cities , but in order to reach a wider public and amplify the impacts , these cities should also continue to have the possibility to involve their surrounding region . ### the european capital of culture title should continue to be reserved to cities , but in order to reach a wider public and amplify the impacts , these cities should also continue to be allowed to involve their neighbouring areas .


### the european capital of culture title should continue to be reserved to cities , but in order to reach a wider public and amplify the impacts , these cities should also continue to have the possibility to involve their surrounding region . ### the european capital of culture title should in principle be awarded to cities ; exceptionally , the title may be awarded to a region , which may be a cross - border region , where it is shown in the concept for the candidate region concerned that this will make it possible to reach a wider public , amplify the impacts and make a significant contribution to achieving the scheme ' s objectives .


### in order to ensure an immediate and sustainable impact on the economic recovery of pakistan in the aftermath of the floods it is recommended to limit the duration of the trade preferences until 31 december 2013 . ### in order to ensure an immediate and sustainable impact on the economic recovery of pakistan in the aftermath of the floods the granting of humanitarian aid is recommended as the better solution .


### it also establishes union multilingual standard forms concerning birth , death , marriage , registered partnership and legal status and representation of a company or other undertaking . ### it also establishes union multilingual standard forms concerning legal facts and the legal status of natural or legal persons .


### non - certified translations authorities shall accept non - certified translations of public documents issued by the authorities of other member states . 2 . where an authority has reasonable doubt as to the correctness or quality of the translation of a public document presented to it in an individual case , it may require a certified translation of that public document . in such a case , the authority shall accept certified translations established in other member states . ### certified translations authorities shall accept certified translations of public documents issued by the authorities of other member states . 2 . authorities shall accept certified translations produced in other member states . a database with the lists of official translators shall be made available for the authorities in the member states .


### ' public documents ' means documents issued by authorities of a member state and having formal evidentiary value relating to : birth ; b ) death ; c ) name ; d ) marriage and registered partnership ; e ) parenthood ; f ) adoption ; g ) residence ; h ) citizenship and nationality ; real estate ; j ) legal status and representation of a company or other undertaking ; k ) intellectual property rights ; l ) absence of a criminal record ; ### ' public documents ' means the following documents issued by authorities of a member state : extracts from register of births ; b ) extracts from register of deaths ; c ) change of name certificates ; d ) extracts from marriage and civil partnership register ; e ) certificates of parenthood ; f ) certificates of adoption ; g ) population registry certificates ; h ) citizenship and nationality certificates ; extracts from real estate registers ; j ) extracts from company registers k ) extracts from intellectual property registers ; l ) extracts from criminal records ;


### article 11 union multilingual standard forms concerning birth , death , marriage , registered partnership and legal status and representation of a company or other undertaking union multilingual standard forms concerning birth , death , marriage , registered partnership and legal status and representation of a company or other undertaking are hereby established . those union multilingual standard forms shall be as set out in the annexes . ### article 11 union multilingual standard forms concerning legal facts and the legal status of natural or legal persons union multilingual standard forms concerning legal facts and the legal status of natural or legal persons are hereby established . those union multilingual standard forms shall be as set out in the annexes .


### the aim of this regulation is not to change the substantive law of the member states relating to birth , death , name , marriage , registered partnership , parenthood , adoption , residence , citizenship or nationality , real estate , legal status of a company or other undertaking , intellectual property rights or absence of a criminal record . ### the aim of this regulation is not to change the substantive law of the member states relating to various legal facts and the legal status of natural or legal persons .


### authorities shall accept non - certified translations of public documents issued by the authorities of other member states . 2 . where an authority has reasonable doubt as to the correctness or quality of the translation of a public document presented to it in an individual case , it may require a certified translation of that public document . in such a case , the authority shall accept certified translations established in other member states . ### authorities shall accept certified translations of public documents issued by the authorities of other member states .


### non - certified translations authorities shall accept non - certified translations of public documents issued by the authorities of other member states . 2 . where an authority has reasonable doubt as to the correctness or quality of the translation of a public document presented to it in an individual case , it may require a certified translation of that public document . in such a case , the authority shall accept certified translations established in other member states . ### certified translations authorities shall accept certified translations of public documents issued by the authorities of other member states .


### requests for information shall be accompanied by a scanned copy of the public document concerned or of its certified copy . the requests and any replies to those requests shall not be subject to any tax , duty or charge . ### requests for information shall be accompanied by a copy of the public document concerned or of its copy . the requests and any replies to those requests shall not be subject to any tax , duty or charge .


### union multilingual standard forms should be established in all official languages of the union for public documents relating to birth , death , marriage , registered partnership and legal status and representation of a company or other undertaking in order to avoid the need for union citizens and companies or other undertakings to produce translations in cases where they would otherwise be required . ### union multilingual standard forms should be established in all official languages of the union for public documents relating to various legal facts and the legal status of natural or legal persons in order to avoid the need for union citizens and companies or other undertakings to produce translations in cases where they would otherwise be required .


### ' public documents ' means documents issued by authorities of a member state and having formal evidentiary value relating to : birth ; b ) death ; c ) name ; d ) marriage and registered partnership ; e ) parenthood ; f ) adoption ; g ) residence ; h ) citizenship and nationality ; real estate ; j ) legal status and representation of a company or other undertaking ; k ) intellectual property rights ; l ) absence of a criminal record ; ### ' public documents ' means the following documents issued by authorities of a member state : extracts from register of births ; b ) extracts from register of deaths ; c ) change of name certificates ; d ) extracts from marriage and civil partnership register ; e ) certificates of parenthood ; f ) certificates of adoption ; g ) extracts from population register ; h ) citizenship and nationality certificates ; k ) extracts from intellectual property registers ; l ) extracts from criminal records ; certificate of good conduct ;


### authorities shall not require parallel presentation of the original of a public document and of its certified copy issued by the authorities of other member states . ### authorities shall accept , instead of the original of a public document issued by the authorities of other member states or by eu authorities , a certified or uncertified copy thereof .


### with regard to representatives of the private sector , the office should involve , when assembling the observatory in the context of its activities , a representative selection of the economic sectors most concerned by and most experienced in the fight against infringements of intellectual property rights , in particular representatives of right holders and internet service providers . also , a proper representation of consumers and of small and medium sized enterprises should be ensured . ### with regard to representatives of the private sector , the office should involve , when assembling the observatory in the context of its activities , a representative selection of the economic and cultural sectors most concerned by and most experienced in the fight against infringements of intellectual property rights , in particular representatives of right holders , internet intermediaries and stakeholders from the cultural and creative sectors . also , a proper representation of consumers and of small and medium sized enterprises should be ensured .


### a sound , harmonised and progressive approach to intellectual property rights is fundamental in the endeavour to fulfil the ambitions of the europe 2020 strategy . ### a sound , harmonised and progressive approach to intellectual property rights is fundamental in the endeavour to fulfil the ambitions of the europe 2020 strategy and the digital agenda for europe1 . __________________ 1 communication from the commission of 26 august 2010 : ' a digital agenda for europe ' 0245 / 2 ) .


### the communication set out that the observatory should become the central resource for gathering , monitoring and reporting information and data related to all intellectual property rights infringements . it should be used as a platform for cooperation between representatives from national authorities and stakeholders to exchange ideas and expertise on best practices , to develop joint enforcement strategies and to make recommendations to policy - makers . the communication specified that the observatory would be hosted and managed by the services of the commission . ### the communication set out that the observatory should become the central resource for gathering , monitoring and reporting information and data related to all intellectual property rights infringements . it should be used as a platform for cooperation between representatives from national authorities and all public and private stakeholders to exchange ideas and expertise on best practices , to develop joint enforcement strategies and to make recommendations to policy - makers . the communication specified that the observatory would be hosted and managed by the services of the commission .


### the office should offer a forum that brings together public authorities and the private sector , ensuring the collection , analysis and dissemination of relevant objective , comparable and reliable data regarding the value of intellectual property rights and the infringements of those rights , the development of best practices and strategies to protect intellectual property rights , and raising public awareness of the impacts of intellectual property rights infringements . furthermore , the office should fulfil additional tasks , such as to improve the understanding of the value of intellectual property rights , enhance the expertise of persons involved in the enforcement of intellectual property rights by appropriate training measures , increase knowledge on techniques to prevent counterfeiting , and improve cooperation with third countries and international organisations . ### the office should offer a forum that brings together public authorities and the private sector , ensuring the collection , analysis and dissemination of relevant objective , comparable and reliable data regarding the value of intellectual property rights and the infringements of those rights , the development of best practices and strategies to protect intellectual property rights , and raising public awareness of the impacts of intellectual property rights infringements . furthermore , the office should fulfil additional tasks , such as to improve the understanding of the value of intellectual property rights , enhance the expertise of persons involved in the enforcement of intellectual property rights by appropriate training measures , and increase knowledge on techniques to prevent counterfeiting and unauthorised copying .


### enhancing the knowledge on technical tools to prevent and combat counterfeiting and piracy , including tracking and tracing systems ; ### enhancing the knowledge on technical tools to prevent and combat counterfeiting , unauthorised copying and piracy , including tracking and tracing systems ;


### researching , evaluating and promoting technical tools for professionals and benchmark techniques , including tracking and tracing systems which help to distinguish genuine from counterfeit products ; ### collecting information , researching , evaluating and promoting technical tools for professionals and benchmark techniques , including tracking and tracing systems which help to distinguish genuine from counterfeit products ;


### the promotion and protection of gender equality , the rights of the child , rights of indigenous peoples , rights of persons with disabilities , and principles such as empowerment , participation , non - discrimination of vulnerable groups and accountability shall be taken into account whenever relevant for all assistance measures referred to in this regulation . ### the promotion and protection of gender equality , the rights of the child , rights of indigenous peoples , rights of persons with disabilities , and principles such as empowerment , participation , non - discrimination of vulnerable groups and accountability shall be taken into account for all assistance measures referred to in this regulation .


### furthermore , whilst democracy and human rights objectives must be increasingly mainstreamed in all external assistance financing instruments , union assistance under this regulation will have a specific complementary and additional role by virtue of its global nature and its independence of action from the consent of third country governments and other public authorities . this will allow for cooperation with civil society on sensitive human rights and democracy issues possible , providing the flexibility to respond to changing circumstances . it should also provide union capacity to articulate and support specific objectives and measures at international level which are neither geographically linked nor crisis related and which may require a transnational approach or involve operations both within the union and in a range of third countries . moreover , it will provide the necessary framework for operations , such as support for independent european union election observation missions requiring policy coherence , a unified management system and common operating standards . ### furthermore , whilst democracy and human rights objectives must be increasingly mainstreamed in all external assistance financing instruments , union assistance under this regulation will have a specific complementary and additional role by virtue of its global nature and its independence of action from the consent of third country governments and other public authorities . this will allow for cooperation with civil society on sensitive issues concerning human rights , fundamental freedoms , women’s rights , the principles of gender equality and non - discrimination and democracy , providing the flexibility to respond to changing circumstances . it should also provide union capacity to articulate and support specific objectives and measures at international level which are neither geographically linked nor crisis related and which may require a transnational approach or involve operations both within the union and in a range of third countries . moreover , it will provide the necessary framework for operations , such as support for independent european union election observation missions requiring policy coherence , a unified management system and common operating standards .


### promoting the equal participation of men and women in social , economic and political life , and supporting equality of opportunity , and the participation and political representation of women ; ### promoting the participation of women in social , economic and political life , respect for women’s rights , male - female parity in economic and political decision - making positions , the active participation and involvement of women in processes of political transition , democratisation and state - building , with a particular attention to situations where women suffer violence and discrimination in third countries .


### the union will pay particular attention to countries and urgency situations where human rights and fundamental freedoms are most at risk and where disrespect for these rights and freedoms is particularly pronounced and systematic . in such situations , the political priorities will be to promote respect for the relevant international laws , to provide tangible support and means of action to local civil society and to contribute to its work , carried out in very difficult circumstances . in conflict situations , the union will promote the compliance of all warring parties with their legal obligations under international humanitarian law , in accordance with the relevant union guidelines . ### the union will pay particular attention to countries and urgency situations where human rights and fundamental freedoms are most at risk and where disrespect for these rights and freedoms is particularly pronounced and systematic . the union and the member states will pay particular attention to the plight of women and girls in security , humanitarian and / or food urgency situations since they are a particularly vulnerable group . in such situations , the political priorities will be to promote respect for the relevant international laws , to provide tangible support and means of action to local civil society and to contribute to its work , carried out in very difficult circumstances . in conflict situations , the union will promote the compliance of all warring parties with their legal obligations under international humanitarian law , in accordance with the relevant union guidelines .


### the rights of women as proclaimed in the convention on the elimination of all forms of discrimination against women and its optional protocols , including measures to combat female genital mutilation , forced marriages , crimes of honour , trafficking , and any other form of violence against women ; ### promotion of the rights of women as proclaimed in the convention on the elimination of all forms of discrimination against women and its optional protocols , including measures to protect women and girls against violence and discrimination , particularly female genital mutilation , forced marriages , crimes of honour , trafficking of women and girls for commercial sexual exploitation , domestic violence , spousal abuse and economic and other forms of violence ;


### through deployment of union election observation missions ; ### through deployment of union election observation missions &#8211 ; ensuring male - female parity in the core team &#8211 ; and of short - and long - term observers ;


### in the event of a disruption of port services for which public service obligations are imposed or when an immediate risk of such a situation occurs , the competent authority may take an emergency measure . the emergency measure may take the form of a direct award so as to attribute the service to a different provider for a period up to one year . during that time period , the competent authority shall either launch a new procedure to select a provider of port service in accordance with article 7 or shall apply article 9 . ### in the event of a disruption of port services for which public service obligations are imposed or when an immediate risk of such a situation occurs , the competent authority may take an emergency measure , while fully respecting article 28 of the charter of fundamental rights of the european union . the emergency measure may take the form of a direct award so as to attribute the service to a different provider for a period up to one year . during that time period , the competent authority shall either launch a new procedure to select a provider of port service in accordance with article 7 or shall apply article 9 .


### considering the directive’s focus on young people , tobacco products other than cigarettes , roll - your - own tobacco and smokeless tobacco which are mainly consumed by older consumers , should be granted an exemption from certain ingredients requirements as long as there is no substantial change of circumstances in terms of sales volumes or consumption patterns in relation to young people . ### considering the directive’s focus on young people , tobacco products other than cigarettes , roll - your - own tobacco and smokeless tobacco other than nasal tobacco which are mainly consumed by older consumers , should be granted an exemption from certain ingredients requirements as long as there is no substantial change of circumstances in terms of sales volumes or consumption patterns in relation to young people .


### cover 75 % of the external area of both the front and back surface of the unit packet and any outside packaging ; ### cover 50 % of the external area of both the front and back surface of the unit packet and any outside packaging ;


### the likelihood of diverging regulation is further increased by concerns over tobacco products , including smokeless tobacco products , having a characterising flavour other than tobacco , which may facilitate uptake of tobacco consumption or affect consumption patterns . for example , in many countries , sales of mentholated products gradually increased even as smoking prevalence overall declined . a number of studies indicated that mentholated tobacco products can facilitate inhalation as well as smoking uptake among young people . measures introducing unjustified differences of treatment between flavoured cigarettes should be avoided . ### the likelihood of diverging regulation is further increased by concerns over tobacco products , including smokeless tobacco products , having a characterising flavour other than tobacco and menthol , which may facilitate uptake of tobacco consumption or affect consumption patterns .


### the likelihood of diverging regulation is further increased by concerns over tobacco products , including smokeless tobacco products , having a characterising flavour other than tobacco , which may facilitate uptake of tobacco consumption or affect consumption patterns . for example , in many countries , sales of mentholated products gradually increased even as smoking prevalence overall declined . a number of studies indicated that mentholated tobacco products can facilitate inhalation as well as smoking uptake among young people . measures introducing unjustified differences of treatment between flavoured cigarettes should be avoided . ### the likelihood of diverging regulation is further increased by concerns over tobacco products , including smokeless tobacco products , having a non - tobacco dominant flavour other than tobacco or traditional flavours such as menthol , which may facilitate uptake of tobacco consumption or affect consumption patterns . .


### cross - border distance sales of tobacco facilitate access to tobacco products of young people and risk to undermine compliance with the requirements provided for by tobacco control legislation and in particular by this directive . common rules on a notification system are necessary to ensure that this directive achieves its full potential . the provision on notification of cross - border distance sales of tobacco in this directive should apply notwithstanding the notification procedure set out in directive 2000 / 31 / ec of the european parliament and of the council of 8 june 2000 on certain legal aspects of information society services . business to consumer distance sale of tobacco products is further regulated by directive 97 / 7 / ec of the european parliament and the council of 20 may 1997 on the protection of consumers in respect of distance contracts , which will be replaced by directive 2011 / 83 / eu of the european parliament and the council of 25 october 2011 on consumer rights , as of 13 june 2014 . ### cross - border distance sales of tobacco facilitate access to tobacco products of young people and risk to undermine compliance with the requirements provided for by tobacco control legislation and in particular by this directive . therefore , cross - border distance sales of tobacco should be prohibited .


### member states shall oblige retail outlets intending to engage in cross - border distance sales to consumers located in the union to register with the competent authorities in the member state where the retail outlet is established and in the member state where the actual or potential consumer is located . retail outlets established outside the union have to register with the competent authorities in the member state where the actual or potential consumer is located . all retail outlets intending to engage in cross - border distance sales shall submit at least the following information to the competent authorities : ### member states shall prohibit cross - border distance sales of tobacco products to consumers located in the union as well as distribution of free or discounted tobacco products including through cross - border distance sales .


### cross - border distance sales of tobacco products ; ### the prohibition of cross - border distance sales of tobacco products ;


### ‘ characterising flavour’ means a distinguishable aroma or taste other than tobacco , resulting from an additive or combination of additives , including but not limited to fruit , spice , herb , alcohol , candy , menthol or vanilla observable before or upon intended use of the tobacco product ; ### ‘ characterising flavour’ means a distinguishable aroma or taste other than tobacco or menthol , resulting from an additive or combination of additives , including but not limited to fruit , spice , herb , alcohol , candy or vanilla observable before or upon intended use of the tobacco product ;


### printed in black helvetica bold type on a white background . in order to accommodate language requirements , member states may determine the point size of the font , provided that the font size specified in their legislation is such as to occupy the greatest possible proportion of the area set aside for the text required ; ### printed in black helvetica bold type on a white background . the general warning could be shown using self - adhesive paper provided that they cannot be removed . in order to accommodate language requirements , member states may determine the point size of the font , provided that the font size specified in their legislation is such as to occupy the greatest possible proportion of the area set aside for the text required ;


### considerable volumes of illicit products , which do not comply with the requirements laid down in directive 2001 / 37 / ec , are placed on the market and indications are that these volumes might increase . such products undermine the free circulation of compliant products and the protection provided for by tobacco control legislations . in addition , the fctc obliges the union to fight against illicit products , as part of a comprehensive tobacco control policy . provision should thus be made for unit packets of tobacco products to be marked in a unique and secure way and their movements to be recorded so that these products can be tracked and traced in the union and their compliance with this directive can be monitored and better enforced . in addition , provision should be made for the introduction of security features that will facilitate the verification of whether or not products are authentic . ### considerable volumes of illicit products , which do not comply with the requirements laid down in directive 2001 / 37 / ec , are placed on the market and indications are that these volumes might increase . such products undermine the free circulation of compliant products and the protection provided for by tobacco control legislations . in addition , the fctc obliges the union to fight against illicit products , as part of a comprehensive tobacco control policy . provision should thus be made for unit packets and any outside packaging of tobacco products to be marked in a unique and secure way and their movements to be recorded so that these products can be tracked and traced in the union and the illegal trafficking of tobacco and tobacco products can be combated , particularly along the external borders of the union but also from non - eu countries ; and so that their compliance with this directive can be monitored and better enforced . in addition , provision should be made for the introduction of security features for individual authentication that will facilitate the verification of whether or not products are authentic . the eu and the member states must take and must reinforce adequate steps to combat contraband and counterfeiting by improving checks of the product supply chain and imposing penalties on criminal networks .


### in order to ensure the integrity and the visibility of health warnings and maximise their efficacy , provisions should be made regarding the dimension of the warnings as well as regarding certain aspects of the appearance of the tobacco package , including the opening mechanism . the package and the products may mislead consumers , in particular young people , suggesting that products are less harmful . for instance , this is the case with certain texts or features , such as ‘ low - tar’ , ‘ light’ , ‘ ultra - light’ , ‘ mild’ , ‘ natural’ , ‘ organic’ , ‘ without additives’ , ‘ without flavours’ , ‘ slim’ , names , pictures , and figurative or other signs . likewise , the size and appearance of individual cigarettes can mislead consumers by creating the impression that they are less harmful . a recent study has also shown that smokers of slim cigarettes were more likely to believe that their own brand might be less harmful . this should be addressed . ### in order to ensure the integrity and the visibility of health warnings and maximise their efficacy , provisions should be made regarding the dimension of the warnings as well as regarding certain aspects of the appearance of the tobacco package , including the opening mechanism . the package and the products may mislead consumers , in particular young people , suggesting that products are less harmful . for instance , this is the case with certain texts or features , such as ‘ low - tar’ , ‘ light’ , ‘ ultra - light’ , ‘ mild’ , ‘ natural’ or ‘ organic’ . in case the package creates a misleading impression that the cigarettes are less harmful , health warnings must be adapted accordingly .


### member states shall ensure that manufacturers and importers of tobacco products conclude data storage contracts with an independent third party , which shall host the data storage facility for data relating to the manufacturer and importer concerned . the data storage facility shall be physically located on the territory of the union . the suitability of the third party , in particular its independence and technical capacities , as well as the contract , shall be approved and monitored by an external auditor , who is proposed and paid by the tobacco manufacturer and approved by the commission . member states shall ensure full transparency and accessibility of the data storage facilities for the competent authorities of the member states , the commission and the independent third party on a permanent basis . in duly justified cases member states or the commission can provide manufacturers or importers access to this information , provided commercially sensitive information remains adequately protected in conformity with the relevant national and union legislations . ### member states shall conclude data storage contracts with an independent third party which shall host the data storage facility for data relating to the manufacturer and importer concerned . the data storage facility shall be physically located on the territory of the union . the suitability of the third party , in particular its independence and technical capacities , as well as the contract , shall be approved and monitored by an external auditor , who shall be appointed by the commission . the costs incurred as a result of the contract with the auditor and the database management services shall be covered by the tobacco manufacturers and importers . member states shall ensure full transparency and accessibility of the data storage facilities for the competent authorities of the member states , the commission and the independent third party on a permanent basis . in duly justified cases member states or the commission can provide manufacturers or importers access to this information , provided commercially sensitive information remains adequately protected in conformity with the relevant national and union legislations .


### ‘ characterising flavour’ means a distinguishable aroma or taste other than tobacco , resulting from an additive or combination of additives , including but not limited to fruit , spice , herb , alcohol , candy , menthol or vanilla observable before or upon intended use of the tobacco product ; ### ‘ non - tobacco dominant flavour’ means an overt distinguishable aroma or taste other than tobacco or menthol , resulting from an additive or combination of additives evident upon intended use of the tobacco product ;


### however , a member state may maintain more stringent national provisions , applicable to all products alike , in areas covered by the directive , on grounds of overriding needs relating to the protection of public health . a member state may also introduce more stringent provisions , on grounds relating to the specific situation of this member state and provided the provisions are justified by the need to protect public health . such national provisions shall be notified to the commission together with the grounds for maintaining or introducing them . the commission shall , within six months from the date of receiving the notification , approve or reject the provisions after having verified , taking into account the high level of health protection achieved through this directive , whether or not they are justified , necessary and proportionate to their aim and whether or not they are a means of arbitrary discrimination or a disguised restriction on trade between the member states . in the absence of a decision by the commission within this period the national provisions shall be deemed to be approved . ### however , a member state may maintain more stringent national provisions , applicable to all products alike , in areas covered by the directive , on grounds of overriding needs relating to the protection of public health . a member state may also introduce more stringent provisions , on grounds relating to the specific situation of this member state and provided the provisions are justified by the need to protect public health . such national provisions shall be notified to the commission together with the grounds for maintaining or introducing them . the commission shall , within six months from the date of receiving the notification , approve or reject the provisions after having verified , taking into account the high level of health protection achieved through this directive , whether or not they are justified , necessary and proportionate to their aim , compliant with the treaty and the eu’s international obligations , including wto obligations , and whether or not they are a means of arbitrary discrimination or a disguised restriction on trade between the member states . in the absence of a decision by the commission within this period the national provisions shall be deemed to be approved .


### in order to ensure the integrity and the visibility of health warnings and maximise their efficacy , provisions should be made regarding the dimension of the warnings as well as regarding certain aspects of the appearance of the tobacco package , including the opening mechanism . the package and the products may mislead consumers , in particular young people , suggesting that products are less harmful . for instance , this is the case with certain texts or features , such as ‘ low - tar’ , ‘ light’ , ‘ ultra - light’ , ‘ mild’ , ‘ natural’ , ‘ organic’ , ‘ without additives’ , ‘ without flavours’ , ‘ slim’ , names , pictures , and figurative or other signs . likewise , the size and appearance of individual cigarettes can mislead consumers by creating the impression that they are less harmful . a recent study has also shown that smokers of slim cigarettes were more likely to believe that their own brand might be less harmful . this should be addressed . ### in order to ensure the integrity and the visibility of health warnings and maximise their efficacy , provisions should be made regarding the dimension of the warnings as well as regarding certain aspects of the appearance of the tobacco package , including the opening mechanism . the package and the products may mislead consumers , in particular young people , suggesting that products are less harmful . in this case , consumer information provisions should be adapted to effectively address these issues . for instance , this is the case with certain texts or features , such as ‘ low - tar’ , ‘ light’ , ‘ ultra - light’ , ‘ mild’ , ‘ natural’ , or ‘ organic’ .


### be positioned at the top edge of the unit packet and any outside packaging , and in the same direction as any other information appearing on the packaging ; ### be positioned at the bottom edge of the unit packet and any outside packaging , and in the same direction as any other information appearing on the packaging ;


### member states shall ensure that manufacturers and importers of tobacco products conclude data storage contracts with an independent third party , which shall host the data storage facility for data relating to the manufacturer and importer concerned . the data storage facility shall be physically located on the territory of the union . the suitability of the third party , in particular its independence and technical capacities , as well as the contract , shall be approved and monitored by an external auditor , who is proposed and paid by the tobacco manufacturer and approved by the commission . member states shall ensure full transparency and accessibility of the data storage facilities for the competent authorities of the member states , the commission and the independent third party on a permanent basis . in duly justified cases member states or the commission can provide manufacturers or importers access to this information , provided commercially sensitive information remains adequately protected in conformity with the relevant national and union legislations . ### member states shall conclude data storage contracts with a third party , which may be an agency of the member state , and which is legally independent from the tobacco companies or their partners in the supply chain , which shall host the data storage facility for data relating to the manufacturer and importer concerned . the data storage facility shall be physically located on the territory of the union . member states shall ensure full transparency . the suitability of the third party , in particular its independence and technical capacities , as well as the contract , shall be approved and monitored by an external auditor , who is proposed and paid by the tobacco manufacturer and approved by the commission . member states shall ensure full transparency and accessibility of the data storage facilities for the competent authorities of the member states , the commission and the independent third party on a permanent basis . in duly justified cases member states or the commission can provide manufacturers or importers access to this information , provided commercially sensitive information remains adequately protected in conformity with the relevant national and union legislations .