### each member state , each country associated with the implementation , application and development of the schengen acquis and the eurodac related measures as well as the commission shall appoint one member to each of the advisory groups for a three - year term , which may be renewed . ### each member state , each country associated with the implementation , application and development of the schengen acquis and the eurodac - related measures , as long as that country is bound by a legal instrument governing the respective large - scale it system , as well as the commission shall appoint one member to each of the advisory groups , for a three - year term , which may be renewed .


### each member state , each country associated with the implementation , application and development of the schengen acquis and the eurodac related measures as well as the commission shall appoint one member to each of the advisory groups for a three - year term , which may be renewed . ### each advisory group shall have 10 members . the commission shall appoint one member of each advisory group . nine members of each advisory group shall be appointed by the council . all members shall be appointed for a three - year term , which may be renewed .


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


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


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


### to support joined up policy - making and to promote the sustainable use of the marine and coastal resources and sustainable economic growth , innovation and employment in maritime sectors and coastal regions , in coherence with sectoral policy priorities and actions ; ### to support joined up policy - making and to promote the sustainable use of the marine and coastal resources and sustainable economic growth , innovation and employment in maritime sectors and coastal regions , and exploitation of offshore energy sources in coherence with sectoral policy priorities and actions ;


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


### to improve and enhance external cooperation and coordination in relation to the objectives of the integrated maritime policy . ### to improve and enhance external cooperation and coordination in relation to the objectives of the integrated maritime policy , on the basis of data collection sharing information on best practice and advancing debate within international forums . in this respect ratifying and implementing the united nations convention on the law of the sea and relevant international conventions is essential .


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


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


### in accordance with their respective responsibilities , the commission and the member states shall ensure coordination between the life programme and the european regional development fund , the european social fund , the cohesion fund , the european agricultural fund for rural development , and the european maritime and fisheries fund , in order to create synergies , particularly in the context of integrated projects referred to in article 18 point , and to support the use of solutions , methods and approaches developed under the life programme . at union level , coordination shall take place within the common strategic framework referred to in article 10 of regulation no… . . ### in accordance with their respective responsibilities , the commission and the member states shall ensure , where appropriate , coordination between the life programme and the european regional development fund , the european social fund , the cohesion fund , the european agricultural fund for rural development , and the european maritime and fisheries fund , in order to create synergies , particularly in the context of integrated projects referred to in article 18 point and also through the establishment of prioritised action frameworks referred to in article 8 of directive 92 / 43 / eec , and to support the use of solutions , methods and approaches developed under the life programme . at union level , coordination shall take place within the common strategic framework referred to in article 10 of regulation no . . . . .


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


### - biodiversity ; ### - nature and biodiversity ;


### participation of third countries in the life programme the life programme shall be open to the participation of the following countries : european free trade association countries which are parties to the agreement on the european economic area ; candidate countries , potential candidates and acceding countries to the union ; countries to which the european neighbourhood policy applies ; countries which have become members of the european environmental agency in accordance with council regulation no 993 / 1999 of 29 april 1999 amending regulation no 1210 / 90 on the establishment of the european environmental agency and the european environment information and observation network . such participation shall be done in accordance with the conditions laid down in the respective bilateral or multilateral agreements establishing the general principles for their participation in union programmes . ### participation of overseas countries and territories and third countries in the life programme the life programme shall be open to the participation of the following countries and territories : - the overseas countries and territories referred to in decision 2001 / 822 / ec ; european free trade association countries which are parties to the agreement on the european economic area ; candidate countries , potential candidates and acceding countries to the union ; countries to which the european neighbourhood policy applies ; countries which have become members of the european environmental agency in accordance with council regulation no 993 / 1999 of 29 april 1999 amending regulation no 1210 / 90 on the establishment of the european environmental agency and the european environment information and observation network . such participation shall be done in accordance with the conditions laid down in decision 2001 / 822 / ec and the respective bilateral or multilateral agreements establishing the general principles for their participation in union programmes .


### in accordance with their respective responsibilities , the commission and the member states shall ensure coordination between the life programme and the european regional development fund , the european social fund , the cohesion fund , the european agricultural fund for rural development , and the european maritime and fisheries fund , in order to create synergies , particularly in the context of integrated projects referred to in article 18 point , and to support the use of solutions , methods and approaches developed under the life programme . at union level , coordination shall take place within the common strategic framework referred to in article 10 of regulation no… . . ### in accordance with their respective responsibilities , the commission and the member states shall in an active and concerted effort endeavour to promote coordination between the life programme and the european regional development fund , the european social fund , the cohesion fund , the european agricultural fund for rural development , and the european maritime and fisheries fund , in order to create synergies , particularly in the context of integrated projects referred to in article 18 point , and to support the use of solutions , methods and approaches developed under the life programme . at union level , coordination shall take place within the common strategic framework referred to in article 10 of regulation no . . . . .


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


### the maximum co - financing rate for the projects referred to in article 18 shall be 70% of eligible costs . by way of exception , the maximum co - financing rate for projects referred to in article 18 points and shall be 80% of eligible costs . ### the maximum co - financing rate for the projects referred to in article 18 shall be 65% - 80% of eligible costs . by way of exception : - the maximum co - financing rate for projects referred to in article 18 points and shall be 80% of eligible costs : - the maximum co - financing rate for life nature and biodiversity may be up to 75% of eligible costs for projects concerning priority habitats and species , in accordance with the directive 92 / 43 / eec , or the species of birds considered as a priority for funding by the committee set up pursuant article 16 of directive 79 / 409 / eec when this is necessary to achieve the conservation objective .


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


### specific objectives for the priority area biodiversity ### specific objectives for the priority area nature and biodiversity


### in doing so , the life programme shall contribute to sustainable development and the achievement of the europe 2020 strategy ' s objectives and targets . ### in doing so , the life programme shall contribute to sustainable development and the achievement of the objectives and targets of the europe 2020 strategy , the union biodiversity strategy to 2020 , the roadmap to a resource efficient europe and the roadmap 2050 .


### the maximum co - financing rate for the projects referred to in article 18 shall be 70% of eligible costs . by way of exception , the maximum co - financing rate for projects referred to in article 18 points and shall be 80% of eligible costs . ### the maximum co - financing rate for the projects referred to in article 18 shall be 70% of eligible costs . by way of exception : - the maximum co - financing rate for projects referred to in article 18 points and shall be 80% of eligible costs ; - the maximum co - financing rate for life nature and biodiversity may be up to 75% of eligible costs in the case of projects concerning priority habitats or species as defined in directive 92 / 43 / eec or the species of birds considered as a priority for funding by the committee set up pursuant article 16 of directive 2009 / 147 / eec ; - the maximum co - financing rate may be up to 75% for species and habitats defined in directive 92 / 43 / eec showing unfavourable conservation status in accordance with the latest assessment .


### offences referred to in points , and of article 3 involving notes and coins of a total nominal value of at least eur 5 000 shall be punishable by imprisonment with a maximum penalty of at least eight years . ### offences referred to in points , and of article 3 involving notes and coins of a total nominal or potential nominal value of at least eur 5 000 or the equivalent amount in the currency of the relevant counterfeited notes and coins , shall be punishable by imprisonment with a maximum penalty of at least eight years .


### the consumer , before agreeing to a suggested solution , is informed that : ### the parties , before agreeing to a proposed solution , are informed of the rights they are entitled to under applicable legal provisions and that they :


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


### member states shall ensure that disputes covered by this directive can be submitted to an adr entity which complies with the requirements set out in this directive . ### member states shall facilitate access by consumers to adr procedures and shall ensure that disputes covered by this directive can be submitted to adr entities which comply with the quality criteria set out in this directive if both the trader and the consumer agree to do so .


### the provisions in this article shall be without prejudice to the provisions in articles 6 , 7 and 8 of directive 2011 / 83 / eu concerning consumer information for distance and off - premises contracts . ### the provisions in this article shall be without prejudice to the provisions in articles 6 , 7 and 8 of directive 2011 / 83 / eu concerning consumer information for distance and off - premises contracts , in article 3 of directive 2002 / 65 / eu of the european parliament and of the council of 23 september 2002 concerning the distance marketing of consumer financial services1 and article 185 of directive 2009 / 138 / eu of the european parliament and of the council of 25 november 2008 on the taking - up and pursuit of the business of insurance and reinsurance 2 . ______________ 1 oj l 271 , 9 . 10 . 2002 , p . 16 . 2 oj l 335 , 17 . 12 . 2008 , p . 1 .


### the dispute is resolved within 90 days from the date on which the adr entity has received the complaint . in the case of complex disputes , the adr entity may extend this time period . ### the dispute is resolved within 90 calendar days from the date on which the adr entity has received the complaint to the date on which the adr entity recommends a solution . in the case of highly complex disputes , the adr entity may , in exceptional cases , extend this time period at its own discretion .


### the consumer , before agreeing to a suggested solution , is informed that : ### immediately after receipt of the application for adr , the consumer is informed that :


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


### expertise and impartiality member states shall ensure that the natural persons in charge of alternative dispute resolution possess the necessary expertise and are impartial . this shall be guaranteed by ensuring that they : possess the necessary knowledge , skills and experience in the field of alternative dispute resolution ; are not liable to be relieved from their duties without just cause ; have no conflict of interest with either party to the dispute . ### expertise , independence and impartiality member states shall ensure that all natural persons in charge of alternative dispute resolution possess the necessary expertise and are operationally independent and impartial . this shall be guaranteed by ensuring that they : possess the necessary knowledge and skills in the field of alternative or judicial resolution of consumer disputes , as well as an understanding of law ; are appointed for a fixed term and are not liable to be relieved from their duties without just cause ; have no conflict of interest with either party to the dispute . 1a . for the purposes of paragraph 1 , point , member states shall ensure that specific training schemes for natural persons in charge of alternative dispute resolution are available . the commission shall assist member states in developing such training schemes and quality - control mechanisms . 1b . for the purposes of paragraph 1 , point , member states shall ensure that the natural persons in charge of alternative dispute resolution disclose any circumstances that may , or may be seen to , affect their independence or give rise to a conflict of interest . member states shall ensure that , in such circumstances the person concerned only agrees to act or continue to act if the parties explicitly consent and he or she is certain of being able to carry out the adr procedure in full independence in order to ensure complete impartiality . member states shall ensure that the obligation to disclose in accordance with this paragraph is a continuing obligation throughout the adr procedure . 1c . where the natural persons in charge of alternative dispute resolution are independent third parties , the circumstances to be disclosed in accordance with paragraph 1b include : any personal or business relationship with one or more of the parties during the last three years prior assuming the post ; any financial or other interest , direct or indirect , in the outcome of the adr procedure ; the person concerned having acted during the last three years prior assuming the post in any capacity other than for the purposes of adr for one or more of the parties , for a professional organisation or a business association of which one of the parties is a member or for any other member thereof . 1d . for the purposes of paragraph 1 , point , where the natural persons in charge of dispute resolution are employed exclusively by the trader or by a professional organisation or a business association of which the trader is a member , member states shall ensure that , unless those natural persons comply with the requirements in paragraph 1e , they are part of a collegial body composed of an equal number of representatives of consumer organisations and of representatives of the trader or , where appropriate , the professional organisation or business association : 1e . where the natural persons in charge of the dispute resolution are employed exclusively by the trader or by a professional organisation or a business association of which the trader is a member , and are not part of a collegial body as referred to paragraph 1d , member states shall ensure that they comply with following requirements : they are appointed for a sufficient duration to ensure the independence of their action ; they cannot receive any instructions from the trader either directly or indirectly ; their remuneration is entirely independent from the results of the adr procedure ; their autonomy is guaranteed through a dedicated budget separate from the trader ' s general budget , or , where appropriate , the general budget of the professional organisation or business association , providing the appropriate resources to ensure the effectiveness of adr procedures .


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


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


### no later than [ office of publications insert date : five years after the entry into force ] , and every three years thereafter , the commission shall submit to the european parliament , the council and the european economic and social committee a report on the application of this directive . the report shall consider the development and the use of adr entities and the impact of this directive on consumers and traders . the report shall be accompanied , where appropriate , by proposals for amendment of this directive . ### no later than [ office of publications insert date : four years after the entry into force ] , and every five years thereafter , the commission shall submit to the european parliament , the council and the european economic and social committee a report on the application of this directive . this report shall consider the development and the use of adr entities and the impact of this directive on consumers and traders . the report shall be accompanied , where appropriate , by proposals for amendment of this directive .


### adr procedures should be effective . they should provide for a simple and fast procedure whose duration generally does not exceed 90 days . the adr entity should be able to extend this time period when the complexity of the dispute in question so demands . ### adr procedures should be effective . they should provide for a simple and fast procedure whose duration generally does not exceed 90 days from the date when the parties have been notified that a complaint has been filed . the adr entity should notify the complaint to the parties after receiving all the documents necessary to carry out the adr procedure . the adr entity should be able to extend this time period where disputes are of a complex or highly technical nature . parties should be informed of any extension , as well as of the expected approximate length for the conclusion of the dispute .


### the suggested solution may be less favourable than an outcome determined by a court applying legal rules ; ### the suggested solution may be more or less favourable than an outcome determined by a court applying legal rules ;


### the commission shall establish a list of the competent authorities communicated to it in accordance with paragraph 1 and publish that list in the official journal of the european union . ### the commission shall establish a list of the competent authorities including , where appropriate , those acting as single point of contact communicated to it in accordance with paragraph 1 and publish that list in the official journal of the european union .


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


### have a website enabling the parties to submit a complaint online ; ### run and keep up to date a website which provides the parties with easy access to information concerning adr procedures and enables consumers to submit a complaint online or provides them with a postal address to which they can send complaints and the requisite supporting documents ;


### this directive is to contribute to the functioning of the internal market and to the achievement of a high level of consumer protection by ensuring that disputes between consumers and traders can be submitted to entities offering impartial , transparent , effective and fair alternative dispute resolution procedures . ### this directive is to contribute , by achieving a high level of consumer protection , to the proper functioning of the internal market by ensuring that when disputes arise between consumers and traders following the sale of goods or the provision of services consumers can submit a complaint to entities offering impartial , independent , transparent , effective and fair alternative dispute resolution procedures .


### the dispute is resolved within 90 days from the date on which the adr entity has received the complaint . in the case of complex disputes , the adr entity may extend this time period . ### the dispute is resolved within 90 days from the date on which the adr entity has received the complete complaint file . in the case of complex disputes , or when the complaint file is incomplete , the adr entity may extend this time period .


### each member state shall designate a competent authority in charge of monitoring the functioning and development of adr entities established on its territory . each member state shall communicate the authority it has designated to the commission . ### each member state shall designate a competent authority in charge of monitoring the functioning and development of adr entities established on its territory . each member state may designate more than one competent authority if the monitoring of adr entities in different sectors so requires . if a member state does so , it shall designate one of the competent authorities as the single point of contact with the commission . each member state shall communicate the authority or , where appropriate , the authorities , including the one acting as single point of contact it has designated to the commission .


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


### the dispute is resolved within 90 days from the date on which the adr entity has received the complaint . in the case of complex disputes , the adr entity may extend this time period . ### outcome of the adr procedure is made available within 120 days from the date on which the adr entity has received the complaint and all relevant documentation pertaining to that complaint . in the case of complex disputes or for other justified grounds , this time period may be exceeded .


### the development within the european union of well - functioning alternative dispute resolution is necessary to strengthen consumers ' confidence in the internal market , including in the area of e - commerce . such development should build on existing adr procedures in the member states and respect their legal traditions . ### the development within the european union of well - functioning alternative dispute resolution is necessary to strengthen consumers ' confidence in the internal market , including in the area of e - commerce . such development should build on existing adr procedures in the member states and respect their legal traditions . the dissemination of adr can also prove to be important in those countries in which there is a substantial backlog of cases pending before the courts , which does not enable eu citizens to exercise their right to a fair trial within a reasonable time .


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


### member states shall ensure that disputes covered by this directive can be submitted to an adr entity which complies with the requirements set out in this directive . ### member states shall promote that disputes covered by this directive can be submitted to an adr entity which complies with the requirements set out in this directive , realising that adr remains voluntary and successful submission will remain dependent of the willingness of the parties to agree on engagement to adr .


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


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


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


### this cooperation shall include mutual exchange of information on business practices by traders about which consumers have lodged complaints . it shall also include the provision of technical assessment and information by such national authorities to adr entities where such assessment or information is necessary for the handling of individual disputes . ### this cooperation shall include mutual exchange of information on complaints lodged by consumers and the positive or negative outcome of the adr procedure . it shall also include the provision of technical assessment and information by such national authorities to adr entities where such assessment or information is necessary for the handling of individual disputes .


### this cooperation shall include mutual exchange of information on business practices by traders about which consumers have lodged complaints . it shall also include the provision of technical assessment and information by such national authorities to adr entities where such assessment or information is necessary for the handling of individual disputes . ### this cooperation shall include mutual exchange of information on traders about whom consumers have repeatedly lodged complaints . it shall also include the provision of technical assessment and information by such national authorities to adr entities where such assessment or information is necessary for the handling of individual disputes and is already available .


### he has the choice as to whether or not to agree to a suggested solution ; ### they have the choice as to whether or not to agree to a suggested solution ;


### the dispute is resolved within 90 days from the date on which the adr entity has received the complaint . in the case of complex disputes , the adr entity may extend this time period . ### the outcome of adr procedure is made available within 90 days from the date on which the adr entity has received the complaint and all relevant documentation pertaining to that complaint . in the case of complex disputes or for other justified grounds , this time period may be exceeded .


### the costs , if any , to be borne by the parties ; ### the costs , if any , to be borne by the parties , including rules on award of costs at the end of the procedure ;


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


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


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


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


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


### no later than [ office of publications insert date : five years after the entry into force ] , and every three years thereafter , the commission shall submit to the european parliament , the council and the european economic and social committee a report on the application of this directive . the report shall consider the development and the use of adr entities and the impact of this directive on consumers and traders . the report shall be accompanied , where appropriate , by proposals for amendment of this directive . ### no later than [ office of publications insert date : four years after the entry into force ] , and every five years thereafter , the commission shall submit to the european parliament , the council and the european economic and social committee a report on the application of this directive . this report shall consider the development and the use of adr entities and the impact of this directive on consumers and traders . the report shall be accompanied , where appropriate , by proposals for amendment of this directive .


### the dispute is resolved within 90 days from the date on which the adr entity has received the complaint . in the case of complex disputes , the adr entity may extend this time period . ### the dispute is resolved within 90 days from the date on which the parties have been notified that a complaint has been filed . member states shall ensure that where disputes are of a complex or highly technical nature the adr entity may extend this time period . any extension shall be notified to the parties , together with an expected approximate length for the conclusion of the dispute .


### have a website enabling the parties to submit a complaint online ; ### maintain a website which provides the parties with all necessary information about the adr procedure in a clear and comprehensible manner , and which enables the consumer to submit a complaint online via email or other electronic means , as defined in regulation no . . . ; * . _____________ * oj : please insert the number of regulation of the european parliament and of the council on online dispute resolution for consumer disputes


### the rate of compliance , if known , with the outcomes of the adr procedures ; ### the rate of compliance with the outcomes of the adr procedures ;


### a separate annual trigger import volume is set for imports of products mentioned in paragraph 1 , as indicated in the third and fourth columns of the table in the annex to this regulation . once the trigger volume for either colombia or peru is met during the corresponding calendar year , the commission may , in accordance with the examination procedure referred to in article 12 , temporarily suspend the preferential customs duty applied to products of the corresponding origin during that same year for a period of time not exceeding three months , and not going beyond the end of the calendar year . ### a separate annual trigger import volume is set for imports of products mentioned in paragraph 1 , as indicated in the third and fourth columns of the table in the annex to this regulation . once the trigger volume for either colombia or peru is met during the corresponding calendar year , the commission shall , in accordance with the examination procedure referred to in article 12 , temporarily suspend the preferential customs duty applied to products of the corresponding origin during that same year for a period of time not exceeding three months , and not going beyond the end of the calendar year . only reasons of force majeure shall prevent the suspension from being imposed .


### any extension pursuant to paragraph 3 shall be preceded by an investigation upon a request by a member state , by any legal person or any association not having legal personality , acting on behalf of the union industry , or on the commission ' s own initiative if there is sufficient prima facie evidence that the conditions laid down in paragraph 3 are met , on the basis of factors referred to in article 4 . ### any extension pursuant to paragraph 3 shall be preceded by an investigation upon a request by a member state , by any legal person or any association not having legal personality , acting on behalf of the union industry , by the european parliament or on the commission ' s own initiative if there is sufficient prima facie evidence that the conditions laid down in paragraph 3 are met , on the basis of factors referred to in article 4 .


### through deployment of union election observation missions ; ### through deployment of union election observation missions , on the basis that such missions shall not be granted more than 25&#160 ; % of the total budget of the instrument hereby created ;


### supporting and consolidating democratic reforms in third countries , by enhancing participatory and representative democracy , strengthening the overall democratic cycle , and improving the reliability of electoral processes , in particular by means of election observation missions . ### supporting and consolidating democratic reforms and governance in third countries , by enhancing participatory and representative democracy , in particular through the key role played by national parliaments and civil society , strengthening the overall democratic cycle , and improving the reliability of electoral processes , in particular by means of election observation missions and local civil society election observation activities .


### 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 . ### in the framework of a human rights - based approach to development , 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 .


### the deployment of ultra - fast broadband will particularly benefit small and medium enterprises which often cannot benefit from web - based services such as ' cloud computing ' due to inadequate connectivity and speed of existing broadband connections . this will unlock the potential for substantial productivity gains for smes . ### the deployment of ultra - fast broadband will particularly benefit small and medium enterprises which often cannot benefit from web - based services such as ' cloud computing ' due to inadequate connectivity and speed of existing broadband connections . this will unlock the potential for substantial productivity gains for smes . with that aim in view , priority should be given , in particular in the context of the current crisis , to industrial areas which have not yet been connected to the broadband network as a result of geographical or environmental problems .


### the deployment of broadband networks to link island , landlocked and peripheral regions with the central regions of the union ensuring in those regions that speeds of data transmission are sufficient to permit broadband connectivity of 30 mbps and above ; ### the deployment of broadband networks and the improvement of collection networks to link island , rural , mountain , transfrontier , landlocked and peripheral regions with the central regions of the union ensuring in those regions that speeds of data transmission are sufficient to permit broadband connectivity of 30 mbps and above ;


### contribute to improvements in daily life for citizens , businesses and governments through the promotion of the interconnection and interoperability of national telecommunication networks as well as access to such networks . ### contribute to improvements in daily life for citizens , businesses and governments through the promotion of the interconnection and interoperability of national telecommunication networks as well as access to such networks at affordable prices .


### member states and / or other entities in charge of the implementation of projects of common interest or contributing to their implementation shall take the necessary legal , administrative , technical and financial measures in compliance with the corresponding specifications of this regulation . ### member states , regional and local authorities and / or other entities in charge of the implementation of projects of common interest or contributing to their implementation shall take the necessary legal , administrative , technical and financial measures in compliance with the corresponding specifications of this regulation .


### increasing and preserving access to europe ' s rich and diverse cultural content and data held by public sector bodies , and opening them up for reuse in full respect of copyright and related rights , will nurture creativity and spur innovation and entrepreneurship . unhampered access to re - usable multilingual resources will help overcome language barriers , which undermine the internal market for online services and limit access to knowledge . ### increasing and preserving access to europe ' s rich and diverse cultural content and data held by public sector bodies , and opening them up for reuse in full respect of copyright and related rights , will nurture creativity and spur innovation and entrepreneurship . unhampered access to re - usable multilingual resources will help overcome language barriers , which undermine the internal market for online services and limit access to knowledge . it must , however , remain possible for national , regional and local decision - makers to decide for themselves on the use of their information and to cover a large part of their costs arising from the performance of their public duties .


### a reduced annual flat fee , as laid down in part iv of the annex , shall apply in respect of medicinal products referred to in article 10 and article 10a of directive 2001 / 83 / ec and in respect of authorised homeopathic medicinal products and authorised herbal medicinal products , as defined respectively in article 1 and article 1 of directive 2001 / 83 / ec . ### a reduced annual flat fee , as laid down in part iv of the annex shall apply to generic medicinal products referred to in article 10 and medicinal products authorised under the provisions relating to well - established medicinal use referred to in article 10a of directive 2001 / 83 / ec , all products authorised in the community for at least 10 years , and in respect of authorised homeopathic medicinal products and authorised herbal medicinal products , as defined respectively in article 1 and article 1 of directive 2001 / 83 / ec .


### ' chargeable unit ' means each individual entry in the database referred to in article 57 of regulation no 726 / 2004 based on information from the list of all medicinal products for human use authorised in the union referred to in article 57 thereof . ### ' chargeable unit ' means a unit defined by the following data set from the medicinal products information included in the database referred to in article 57 of regulation no 726 / 2004 : marketing authorisation holder ; country where the marketing authorisation is valid ; active ingredient ; pharmaceutical form .


### the executive director of the agency shall provide the commission and the management board annually with information on the components that may have a bearing on the costs to be covered by the fees provided for in this regulation . this information shall include a cost breakdown related to the previous year and a forecast for the following year . the executive director of the agency shall also provide the commission and the management board once per year with the performance information set out in part v of the annex based on the performance indicators referred to in paragraph 3 . ### the executive director of the agency shall provide in the annual report delivered to the european parliament , the council , the commission , the european economic and social committee , the court of auditors and the member states according to article 65 paragraph 10 of regulation no 726 / 2004 with information on the components that may have bearing on the costs to be covered by the fees provided for in this regulation . this information shall include a cost breakdown related to the previous year and a forecast for the following year . the agency shall also publish this overview in its public annual report . the executive director of the agency shall also provide the commission and the management board once per year with the performance information set out in part v of the annex based on the performance indicators referred to in paragraph 3 .


### the fee for the assessment of the procedure referred to in article 6 is eur 168 600 . the corresponding remuneration of the rapporteur is eur 45 100 . ### the fee for the assessment of the procedure referred to in article 6 is [ . . . ] when one or two active substances are involved . this fee is increased with eur [ . . . ] for every additional active substance involved in the procedure . the corresponding remuneration of the rapporteur and co - rapporteur is 50% of the total fee collected .


### the executive director of the agency shall provide the commission and the management board annually with information on the components that may have a bearing on the costs to be covered by the fees provided for in this regulation . this information shall include a cost breakdown related to the previous year and a forecast for the following year . the executive director of the agency shall also provide the commission and the management board once per year with the performance information set out in part v of the annex based on the performance indicators referred to in paragraph 3 . ### the executive director of the agency shall provide in the annual report delivered to the european parliament , the council , the commission , the european economic and social committee , the court of auditors and the member states according to article 65 paragraph 10 of regulation no 726 / 2004 with information on the components that may have bearing on the costs to be covered by the fees provided for in this regulation . this information shall include a cost breakdown related to the previous year and a forecast for the following year . the agency shall also publish this overview in its public annual report . the executive director of the agency shall also provide the commission and the management board once per year with the performance information set out in part v of the annex based on the performance indicators .


### ' chargeable unit ' means each individual entry in the database referred to in article 57 of regulation no 726 / 2004 based on information from the list of all medicinal products for human use authorised in the union referred to in article 57 thereof . ### ' chargeable unit ' means a unit defined by the following data set from the medicinal products information included in the database referred to in article 57 of regulation no 726 / 2004 : name of the medicinal product ; b ) marketing authorisation holder ; c ) country where the marketing authorisation is valid ; d ) active ingredient ; e ) pharmaceutical form .


### the provisions on pharmacovigilance relating to medicinal products of human use laid down in regulation no 726 / 2004 and directive 2001 / 83 / ec of the european parliament and of the council of 6 november 2001 on the community code relating to medicinal products for human use12 were amended by directive 2010 / 84 / eu of the european parliament and of the council of 15 december 2010 amending , as regards pharmacovigilance , directive 2001 / 83 / ec on the community code relating to medicinal products for human use13 , regulation no 1235 / 2010 of the european parliament and of the council of 15 december 2010 amending , as regards pharmacovigilance of medicinal products for human use , regulation no 726 / 2004 laying down community procedures for the authorisation and supervision of medicinal products for human and veterinary use and establishing a european medicines agency , and regulation no 1394 / 2007 on advanced therapy medicinal products14 , directive 2012 / 26 / eu of the european parliament and of the council of 25 october 2012 amending directive 2001 / 83 / ec as regards pharmacovigilance15 and regulation no 1027 / 2012 of the european parliament and of the council of 25 october 2012 amending regulation no 726 / 2004 as regards pharmacovigilance16 . those amendments only cover medicinal products for human use . those amendments provide for new pharmacovigilance tasks for the agency including union - wide pharmacovigilance procedures , the monitoring of literature cases , the improved information technology tools and the provision of more information to the general public . furthermore , the pharmacovigilance legislation stipulates that the agency should be enabled to fund those activities from fees charged to marketing authorisation holders . new categories of fees should therefore be created to cover the new and specific tasks of the agency . __________________ 12 jo l 311 , 28 . 11 . 2001 , p . 67 . 13 jo l 348 , 31 . 12 . 2010 , p . 74 . 14 jo l 348 , 31 . 12 . 2010 , p . 1 . 15 jo l 299 , 27 . 10 . 2012 , p . 1 . 16 jo l 316 , 14 . 11 . 2012 , p . 38 . ### the provisions on pharmacovigilance relating to medicinal products of human use laid down in regulation no 726 / 2004 and directive 2001 / 83 / ec of the european parliament and of the council of 6 november 2001 on the community code relating to medicinal products for human use12 were amended by directive 2010 / 84 / eu of the european parliament and of the council of 15 december 2010 amending , as regards pharmacovigilance , directive 2001 / 83 / ec on the community code relating to medicinal products for human use13 , regulation no 1235 / 2010 of the european parliament and of the council of 15 december 2010 amending , as regards pharmacovigilance of medicinal products for human use , regulation no 726 / 2004 laying down community procedures for the authorisation and supervision of medicinal products for human and veterinary use and establishing a european medicines agency , and regulation no 1394 / 2007 on advanced therapy medicinal products14 , directive 2012 / 26 / eu of the european parliament and of the council of 25 october 2012 amending directive 2001 / 83 / ec as regards pharmacovigilance15 and regulation no 1027 / 2012 of the european parliament and of the council of 25 october 2012 amending regulation no 726 / 2004 as regards pharmacovigilance16 . those amendments only cover medicinal products for human use . those amendments provide for new pharmacovigilance tasks for the agency including union - wide pharmacovigilance procedures , the monitoring of literature cases , the improved information technology tools and the provision of more information to the general public . furthermore , the pharmacovigilance legislation stipulates that the agency should be enabled to fund those activities from fees charged to marketing authorisation holders , in addition to public funding provided from the eu budget . new categories of fees should therefore be created to cover the new and specific tasks of the agency . __________________ 12 jo l 311 du 28 . 11 . 2001 , p . 67 . 13 jo l 348 du 31 . 12 . 2010 , p . 74 . 14 jo l 348 du 31 . 12 . 2010 , p . 1 . 15 jo l 299 du 27 . 10 . 2012 , p . 1 . 16 jo l 316 du 14 . 11 . 2012 , p . 38 .


### holders of marketing authorisations for medicinal products referred to in article 7 shall pay 80 % of the amount applicable to the chargeable units corresponding to those products . ### holders of marketing authorisations for medicinal products referred to in article 7 shall pay 80 % of the amount applicable to the chargeable units corresponding to those products . holders of marketing authorisations for homeopathic medicinal products shall pay the percentage equivalent to the ict services applicable to the chargeable unit corresponding to those products .


### for the purposes of applying paragraph 1 , information which , if it were made public , would be likely to have a significant effect on the prices of the financial instruments , the related spot commodity contracts , or the auctioned products based on the emission allowances shall mean information a reasonable investor would be likely to use as part of the basis of his investment decisions . ### for the purposes of applying paragraph 1 , information which , if it were made public , would be likely to have a significant effect on the prices of the financial instruments , the related spot commodity contracts , the emission allowances or the auctioned products based thereon shall mean information a reasonable investor would be likely to use as part of the basis of his investment decisions .


### the first subparagraph shall not apply to an emission allowance market participant where the installations or aviation activities that it owns , controls or is responsible for , in the preceding year have had emissions not exceeding a minimum threshold of carbon dioxide equivalent and , where they carry out combustion activities , have had a rated thermal input not exceeding a minimum threshold . ### the first subparagraph shall not apply to an emission allowance market participant where the installations or aviation activities that it owns , controls or is responsible for , in the preceding year have had emissions not exceeding a minimum threshold of 3 million tonnes of carbon dioxide equivalent and , where they carry out combustion activities , have had a rated thermal input not exceeding a minimum threshold of 300 mw .


### the commission shall be empowered to adopt delegated acts in accordance with article 32 concerning the supplementing and amending of the conditions for buy - back programmes and stabilisation of financial instruments , the definitions in this regulation , the conditions for drawing up insider lists , the conditions relating to managers ' transactions and the arrangements for persons who provide information that may lead to the detection of breaches of this regulation . ### the commission shall be empowered to adopt delegated acts in accordance with article 32 concerning the supplementing and amending of the conditions for buy - back programmes and stabilisation of financial instruments , the definitions in this regulation , the thresholds for determining the application of the public disclosure obligation to emission allowance market participants , the conditions for drawing up insider lists , the conditions relating to managers ' transactions and the arrangements for persons who provide information that may lead to the detection of breaches of this regulation .


### as a consequence of the classification of emission allowances as financial instruments as part of the review of the markets in financial instruments directive , those instruments will also come within the scope of this regulation . bearing in mind the specific nature of those instruments and structural features of the carbon market , it is necessary to ensure that the activity of member states , the european commission and other officially designated bodies involving emission allowances is not restricted in the pursuit of the union ' s climate policy . moreover , the duty to disclose inside information needs to be addressed to the participants in that market in general . nevertheless , in order to avoid exposing the market to reporting that is not useful and as well as to maintain cost - efficiency of the measure foreseen , it appears necessary to limit the regulatory impact of that duty to only those eu ets operators , that – by virtue of their size and activity – can reasonably be expected to be able to have a significant effect on the price of emission allowances . where emission allowance market participants already comply with equivalent inside information disclosure duties , notably pursuant to regulation on energy market integrity and transparency no…of the european parliament and the council on wholesale energy market integrity and transparency ) , the obligation to disclose inside information concerning emission allowances should not lead to the duplication of mandatory disclosures with substantially the same content . ### since considerable amounts of non - public price - sensitive information impacting the demand for emission allowances are held by individual market participants , it is appropriate that the duty to disclose inside information is addressed to the participants in that market in general . nevertheless , in order to avoid exposing the market to reporting that is not useful as well as to maintain cost - efficiency of the measure foreseen , it appears necessary to limit the regulatory impact of that duty to only those eu ets operators , that – by virtue of their size and activity – can reasonably be expected to be able to have a significant effect on the price of emission allowances . appropriate minimum thresholds for the purpose of the application of this exemption should then be set in the text of this regulation and the commission should be empowered to adopt measures modifying these minimum thresholds by means of a delegated act . the information to be disclosed should concern the physical operations of the disclosing party and not its plans or strategies for trading emission allowances . where emission allowance market participants already comply with equivalent inside information disclosure duties , notably pursuant to regulation on energy market integrity and transparency no…of the european parliament and the council on wholesale energy market integrity and transparency ) , the obligation to disclose inside information concerning emission allowances should not lead to the duplication of mandatory disclosures with substantially the same content .


### for the purposes of applying paragraph 1 , information shall be deemed to be of a precise nature if it indicates a set of circumstances which exists or may reasonably be expected to come into existence or an event which has occurred or may reasonably be expected to do so and if it is specific enough to enable a conclusion to be drawn as to the possible effect of that set of circumstances or event on the prices of the financial instruments , the related spot commodity contracts , or the auctioned products based on the emission allowances . ### for the purposes of applying paragraph 1 , information shall be deemed to be of a precise nature if it indicates a set of circumstances which exists or may reasonably be expected to come into existence or an event which has occurred or may reasonably be expected to do so and if it is specific enough to enable a conclusion to be drawn as to the possible effect of that set of circumstances or event on the prices of the financial instruments , the related spot commodity contracts , the emission allowances or the auctioned products based thereon .


### the commission should be empowered to adopt delegated acts in accordance with article 290 of the treaty . in particular , delegated acts should be adopted in respect of the conditions for buy - back programmes and stabilisation of financial instruments , the indicators for manipulative behaviour listed in annex 1 , the threshold for determining the application of the public disclosure obligation to emission allowance market participants , the conditions for drawing up insider lists and the threshold and conditions relating to managers ' transactions . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level . the commission , when preparing and drawing - up delegated acts , should ensure a simultaneous , timely and appropriate transmission of relevant documents to the european parliament and council . ### the commission should be empowered to adopt delegated acts in accordance with article 290 of the treaty . in particular , delegated acts should be adopted in respect of the conditions for buy - back programmes and stabilisation of financial instruments , the indicators for manipulative behaviour listed in annex 1 , the thresholds for determining the application of the public disclosure obligation to emission allowance market participants , the conditions for drawing up insider lists and the threshold and conditions relating to managers ' transactions . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level . the commission , when preparing and drawing - up delegated acts , should ensure a simultaneous , timely and appropriate transmission of relevant documents to the european parliament and council .


### draft legislative resolution ### considers that the reference amount indicated in the legislative proposal is compatible with the ceiling for subheading 1a of multiannual financial framework 2007 - 2013 , but the margin remaining in heading 1a for 2011 - 2013 is very limited ; stresses that the funding of new activities must not jeopardise the financing of other priorities under subheading 1a ; stresses its intention of using in the context of the mid - term review all the necessary means provided by the interinstitutional agreement of 17 may 2006 between the european parliament , the council and the commission on budgetary discipline and sound financial management , including the revision of the financial framework in order to ensure the financing of this new agency without jeopardising the financing of its other priorities under this subheading and ensuring that a sufficient margin will remain in subheading 1a ;


### the competent authorities in the member states may exchange information with the commission so as to make it easier to establish the facts and to ensure effective action against the criminal offences referred to in title ii . the commission and the competent national authorities shall take account in each specific case of the requirements of investigation secrecy and data protection . to that end , a member state , when supplying information to the commission , may set specific conditions covering the use of information , whether by the commission or by another member state to which that information may be passed . ### the competent authorities in the member states may , within their respective competences , exchange information with the commission and with eurojust so as to make it easier to establish the facts and to ensure effective action against the criminal offences referred to in articles 3 , 4 and 5 . the commission , eurojust and the competent national authorities shall take account in each specific case of the requirements of investigation secrecy and data protection . to that end , a member state , when supplying information to the commission and eurojust , may set specific conditions covering the use of information , whether by the commission , eurojust or by another member state to which that information may be passed .


### member states shall take the necessary measures to ensure that the following conduct , when committed intentionally , is punishable as a criminal offence : the action of a public official , who , directly or through an intermediary , requests or receives advantages of any kind whatsoever , for himself or for a third party , or accepts a promise of such an advantage , to act or refrain from acting in accordance with his duty or in the exercise of his functions in a way which damages or is likely to damage the union ' s financial interests ; the action of whosoever promises or gives , directly or through an intermediary , an advantage of any kind whatsoever to a public official for himself or for a third party for him to act or refrain from acting in accordance with his duty or in the exercise of his functions in a way which damages or is likely to damage the union ' s financial interests . ### member states shall take the necessary measures to ensure that passive corruption and active corruption , when committed intentionally , are punishable as criminal offences . for the purposes of this directive , passive corruption shall consist of the action of a public official , who , directly or through an intermediary , requests or receives advantages of any kind whatsoever , for himself or for a third party , or accepts a promise of such an advantage , to act or refrain from acting in accordance with his duty or in the exercise of his functions in a way which damages or is likely to damage the union ' s financial interests . for the purposes of this directive , active corruption shall consist of the action of whosoever promises or gives , directly or through an intermediary , an advantage of any kind whatsoever to a public official for himself or for a third party for him to act or refrain from acting in accordance with his duty or in the exercise of his functions in a way which damages or is likely to damage the union ' s financial interests .


### this directive establishes necessary measures in the field of prevention of and fight against fraud and other illegal activities affecting the union ' s financial interests by defining criminal offences and sanctions . ### this directive establishes necessary measures in the field of prevention of and fight against fraud and other illegal activities affecting the union ' s financial interests by defining criminal offences and sanctions , in order to afford effective and equivalent protection in the member states and boost the credibility of union institutions and initiatives .


### as regards natural persons , member states shall ensure that the criminal offences referred to in title ii shall be punishable by effective , proportionate and dissuasive criminal penalties , including fines and imprisonment as specified in article 8 . ### as regards natural persons , member states shall ensure that the criminal offences referred to in articles 3 , 4 and 5 shall be punishable by effective , proportionate and dissuasive criminal penalties , including fines and imprisonment as specified in article 8 .


### in cases of minor offences involving damages of less than eur 10 , 000 and advantages of less than eur 10 , 000 and not involving particularly serious circumstances , member states may provide instead for other than criminal penalties . ### in cases of offences involving damages of less than eur 5 000 and advantages of less than eur 5 000 and not involving aggravating circumstances , member states may provide instead for sanctions other than criminal penalties .


### member states shall take the necessary measures to establish their jurisdiction over the criminal offences referred to in title ii where : the offence is committed in whole or in part within their territory ; or the offender is one of their nationals . ### member states shall take the necessary measures to establish their jurisdiction over the criminal offences referred to in articles 3 , 4 and 5 where : the offence is committed in whole or in part within their territory ; the offender is one of their own nationals or is resident in their territory ; or the offender is subject to the staff regulations of the european union or the conditions of employment of other servants of the european union .


### the member states and the commission shall cooperate with each other in the fight against the criminal offences referred to in title ii . to that end the commission shall lend such technical and operational assistance as the competent national authorities may need to facilitate coordination of their investigations . ### without prejudice to the rules on cross - border cooperation and mutual legal assistance in criminal matters , the member states and the commission shall , within their respective competences , cooperate with each other in the fight against the criminal offences referred to in articles 3 , 4 and 5 . to that end the commission shall lend such technical and operational assistance as the competent national authorities may need to facilitate coordination of their investigations .


### for the purpose of this article , ' public official ' means : any person exercising a public service function for the union or in member states or third countries by holding a legislative , administrative or judicial office ; any other person exercising a public service function for the union or in member states or third countries , not holding such an office , participating in the management of or decisions concerning the union ' s financial interests . ### for the purpose of this article , ' public official ' means : any ' union ' or ' national official ' , including any national official of another member state and any national official of a third country ; the term ' union official ' shall mean : - any person who is an official or other contracted employee within the meaning of the staff regulations of officials of the european union or the conditions of employment of other servants of the european union , - any person seconded to the european union by the member states or by any public or private body , who carries out functions equivalent to those performed by union officials or other servants . members of bodies set up in accordance with the treaties and the staff of such bodies shall be treated as union officials , inasmuch as the staff regulations of the european union or the conditions of employment of other servants of the european union do not apply to them ; the term ' national official ' shall be understood by reference to the definition of ' official ' or ' public official ' in the national law of the state in which the person in question performs the function . nevertheless , in the case of proceedings involving a member state ' s official , or a national official of a third country , initiated by another member state the latter shall not be bound to apply the definition of ' national official ' except in so far as the definition is compatible with its national law ; any other person assigned and exercising a public service function involving the management of or decisions concerning the union ' s financial interests in member states or third countries .


### having regard to the treaty on the functioning of the european union , and in particular article 325 thereof , ### having regard to the treaty on the functioning of the european union , and in particular article 83 thereof ,


### a description of the company’s diversity policy for its administrative , management and supervisory bodies with regard to aspects such as age , gender , geographical diversity , educational and professional background , the objectives of this diversity policy , how it has been implemented and the results in the reporting period . if the company has no such policy , the statement shall contain a clear and reasoned explanation as to why this is the case . ### a description of the company’s diversity policy for its administrative , management and supervisory bodies with regard to aspects such as age , gender , geographical diversity , disability , educational and professional background , the objectives of this diversity policy , how it has been implemented and the results in the reporting period . if the company has no such policy , the statement shall contain a clear and reasoned explanation as to why this is the case .


### the obligation to disclose their diversity policies for their administrative , management and supervisory bodies with regard to aspects such as age , gender , geographical diversity , educational and professional background should only apply to large listed companies . therefore small and medium - sized companies that may be exempted from certain accounting obligations under article 27 of directive 78 / 660 / eec should not be covered to by this obligation . disclosure of the diversity policy should be part of the corporate governance statement , as laid down by article 46a of directive 78 / 660 / eec . companies not having a such a diversity policy should not be obliged to put one in place , but they should clearly explain why this is the case . ### the obligation to disclose their diversity policies for their administrative , management and supervisory bodies with regard to aspects such as age , gender , geographical diversity , disability , educational and professional background should only apply to large listed companies . therefore small and medium - sized companies that may be exempted from certain accounting obligations under article 27 of directive 78 / 660 / eec should not be covered to by this obligation . disclosure of the diversity policy should be part of the corporate governance statement , as laid down by article 46a of directive 78 / 660 / eec . companies not having a such a diversity policy should not be obliged to put one in place , but they should clearly explain why this is the case .


### be at least 17 but not more than 30 or , except in individually justified cases , more than 30 years of age ; ### be at least 18 but not more than 30 or , except in individually justified cases , more than 30 years of age and may not be a relative to the host family ;


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


### this directive shall be without prejudice to the right of member states to adopt or maintain provisions that are more favourable to the persons to whom it applies with respect to articles 21 , 22 , 23 , 24 , 25 and 29 , especially in the context of mobility partnerships . ### this directive shall be without prejudice to the right of member states to adopt or maintain provisions that are more favourable to the persons to whom it applies .


### ' au pair ' means a third - country national who is temporarily received by a family in the territory of a member state in exchange for light housework and taking care of children in order to improve his / her linguistic skills and his / her knowledge of the host country ; ### ' au pair ' means a young third - country adult aged 18 to 30 years , who is temporarily received by a host family in the territory of a member state , for a defined period of time during which , he / she improves his / her education , linguistic skills and cultural knowledge of the host country , in exchange for minor household work and as child minding .


### member states may require the host entity to declare that the third country national is not filling a job . ### member states may consider the actual need for labor force and consider whether the third country national is filling a job or whether there are enough training posts for home country nationals .


### ‘ remunerated trainee’ means a third - country national who has been admitted to the territory of a member state for a training period in return for which he / she receives remuneration in accordance with the national legislation of the member state concerned ; ### ‘ remunerated trainee’ means a third - country national who has been admitted to the territory of a member state for a training period in return for which he / she receives remuneration in accordance with the national legislation of the member state concerned and / or applicable collective agreement in the member state ;


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


### each member state shall determine the maximum number of hours per week or days or months per year allowed for such an activity , which shall not be less than 20 hours per week , or the equivalent in days or months per year . ### each member state shall determine the maximum number of hours per week or days or months per year allowed for such an activity , which shall not be less than 10 hours per week , or the equivalent in days or months per year .


### the agreement referred to in point shall describe the training programme , specify its duration , the conditions under which the trainee is supervised in the performance of this programme , his / her working hours , the legal relationship with the host entity and , where the trainee is remunerated , the remuneration granted to him / her . ### the agreement referred to in point shall describe the training programme , specify its duration , the conditions under which the trainee is supervised in the performance of this programme , his / her working hours , the legal relationship with the host entity and , where the trainee is remunerated , the remuneration granted to him / her and the employment contract .


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


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