### where fees are established in accordance with point of article 79 , the rate of the fee to be applied to each operator shall be determined taking into account the operators ' record of compliance with the rules referred to in article 1 as ascertained through official controls , so that fees applied to consistently compliant operators are lower than those applied to other operators . ### where fees are established in accordance with article 77 and the necessary financial resources are available and insofar as article 78 is complied with , when the formula laid down in point of article 79 is used , the rate of the fee which may be applied to each operator may be determined taking into account the operators’ record of compliance with the rules referred to in article 1 as ascertained through official controls , so that fees applied to consistently compliant operators are lower than those applied to other operators .


### fees collected in accordance with point of article 77 shall be paid by the operator responsible for the consignment or its representative . ### fees collected in accordance with point of article 77 shall be paid by the operator responsible for the consignment or its representative at the time of its arrival .


### competent authorities shall charge fees to cover the additional costs they have incurred as a result of : ### competent authorities may charge fees to cover the additional costs they have incurred as a result of :


### where the competent authorities delegate specific tasks related to the issuance of official certificates or official attestations , or to the official supervision referred to in article 90 such delegation shall comply with the provisions of articles 25 to 32 . ### where the competent authorities delegate specific tasks related to the issuance of official certificates , official attestations or official health attestations , or to the official supervision referred to in article 90 such delegation shall comply with the provisions of articles 25 to 32 .


### official certificates shall be issued by the competent authorities . ### official certificates shall be issued by the competent authorities or delegated bodies pursuant to articles 25 to 32 .


### coordinating the application by the national reference laboratories and , if necessary , by other official laboratories of the methods referred to in point , in particular , by organising regular inter - laboratory comparative testing and by ensuring appropriate follow - up of such comparative testing in accordance , where available , with internationally accepted protocols ; ### coordinating the application by the national reference laboratories of the methods referred to in point , in particular , by organising regular inter - laboratory comparative testing and by ensuring appropriate follow - up of such comparative testing in accordance , where available , with internationally accepted protocols ; they shall inform the competent authorities of the follow - up and results of such inter - laboratory comparative testing .


### conducting training courses for the benefit of staff from national reference laboratories and , if needed , from other official laboratories , as well as of experts from third countries ; ### conducting training courses free of charge for the benefit of staff from national reference laboratories and , if needed , provide training course for the staff of other official laboratories , as well as of experts from third countries ;


### shall indicate within ten days from the date of receipt of the notification : ### shall indicate within 15 working days from the date of receipt of the notification :


### member states shall designate a single authority responsible for : ### member states shall designate the authority or authorities responsible for :


### ensuring that such plan is coherent and consistently implemented . ### ensuring that such plan is coherent and complies with this regulation .


### multi - annual national control plans shall contain general information on the structure and organisation of the systems of official control in the member state concerned , and shall contain at least information on the following : ### multi - annual national control plans shall contain general information on the structure and organisation of the systems of official control in the member state concerned for each of the sectors concerned and shall contain at least information on the following :


### with a view to conducting union wide targeted assessment of the state of application of the rules referred to in article 1 or establishing the prevalence of certain hazards across the union , the commission shall be empowered to adopt delegated acts in accordance with article 139 concerning : ### with a view to conducting union wide targeted assessment of the state of application of the rules referred to in article 1 or establishing the prevalence of certain hazards across the union , the commission shall be empowered to adopt implementing acts concerning :


### the commission may , by means of implementing acts , amend its control programme to take account of developments in the areas governed by the rules referred to in article 1 . any such amendment shall be communicated to the member states . ### the commission may , by means of implementing acts , amend its control programme to take account of developments in the areas governed by the rules referred to in article 1 . any such amendment shall be communicated to the member states sufficiently well in advance .


### give all necessary assistance and provide all documentation and other technical support that commission experts request to enable them to perform controls efficiently and effectively ; ### give necessary assistance and provide documentation and other technical support for commission experts to enable them to perform controls efficiently and effectively ;


### the commission may organise training activities for the staff of the competent authorities and , where appropriate , for staff of other authorities of the member states involved in investigations of possible violations of the provisions of this regulation and of the rules referred to in article 1 . ### the commission shall organise training activities for the staff of the competent authorities and , where appropriate , for staff of other authorities of the member states involved in investigations of possible violations of the provisions of this regulation and of the rules referred to in article 1 .


### the commission may organise those activities in cooperation with member states . ### the commission shall organise those activities in cooperation with member states .


### the performance of intensified official controls on animals , goods and operators for an appropriate period ; ### the performance of intensified official controls on animals , goods and operators for an appropriate period , depending on the nature of the risk in each case .


### the commission shall be assisted by the standing committee on plants , animals , food and feed established by article 58 of regulation no 178 / 2002 . that committee is a committee in the meaning of regulation no 182 / 2011 . ### the commission shall be assisted by the standing committee on plants , animals , food and feed established by article 58 of regulation no 178 / 2002 . that committee is a committee in the meaning of regulation no 182 / 2011 , except under article 23 , which requires the commission to be assisted by committees set up under regulation no 834 / 2007 on organic production , regulation no 1151 / 2012 regarding dop , pgi and tsg food product designations , regulation no 1234 / 2007 regarding dop and pgi wine designations and regulation no 110 / 2008 regarding the geographical indications of spirit drinks .


### having a better integrated internal market for banking services is essential in order to foster economic recovery in the union . however , the current financial and economic crisis has shown that the functioning of the internal market in this area is under threat and that there is an increasing risk of financial fragmentation . interbank markets have become less liquid and cross - border bank activities are decreasing due to fear of contagion , lack of confidence in other national banking systems and in the ability of member states to support banks . ### having a better integrated internal market for banking services is essential in order to foster economic recovery in the union . however , the current financial and economic crisis has shown that the functioning of the internal market in this area is under threat and that there is an increasing risk of financial fragmentation . interbank markets have become less liquid and cross - border bank activities are decreasing due to fear of contagion , lack of confidence in other national banking systems and in the ability of member states to support banks . this is a real source of concern in a single market in which banking institutions have the use of a european passport and where the majority of these institutions operate in several member states .


### ensuring effective uniform resolution decisions for failing banks within the union , including on the use of funding raised at union level , is essential for the completion of the internal market in financial services . within the internal market , the failure of banks in one member state may affect the stability of the financial markets of the whole union . ensuring effective and uniform resolution rules and equal conditions of resolution financing across member states is in the best interest not only of the member states in which banks operate , but also of all member states in general as a means to preserve competition and improve the functioning of the internal market . banking systems in the internal market are highly interconnected , bank groups are international and banks have a large percentage of foreign assets . in the absence of a single resolution mechanism , bank crises in member states participating in the single supervisory mechanism would have stronger negative systemic impact also in non - participating member states . the establishment of the single resolution mechanism will increase stability of the banks of the participating member states and prevent the spill - over of crises into non - participating member states and will thus facilitate the functioning of the whole of the internal market . ### ensuring uniform and coherent resolution decisions for failing banks within the union , including on the use of funding raised at union level , by means of a standardised decision - making process with a rapid intervention capacity , is essential for the completion of the internal market in financial services . within the internal market , the failure of banks in one member state may affect the stability of the financial markets of the whole union . ensuring effective , uniform and coherent resolution rules and equal conditions of resolution financing across member states is in the best interest not only of the member states in which banks operate , but also of all member states in general as a means to preserve competition and improve the functioning of the internal market . banking systems in the internal market are highly interconnected , bank groups are international and banks have a large percentage of foreign assets . in the absence of a single resolution mechanism , bank crises in member states participating in the single supervisory mechanism would have stronger negative systemic impact also in non - participating member states . the establishment of the single resolution mechanism will increase stability of the banks of the participating member states and prevent the spill - over of crises into non - participating member states and will thus facilitate the functioning of the whole of the internal market .


### the sharing of resolution responsibilities between the national and the union levels should be aligned to the sharing of supervision responsibilities between those levels . as long as supervision remains national in a member state , that member state should remain responsible for the financial consequences of a bank failure . the single resolution mechanism should therefore only extend to banks and financial institutions established in member states participating in the ssm and subject to the supervision of the ecb within the framework of the ssm . banks established in the member states not participating in the ssm should not be subject to the single resolution mechanism . if such member states became subject to the single resolution mechanism , this would create the wrong incentives for them . in particular , supervisors in these member states may become more lenient towards banks in their jurisdictions as they would not have to bear the full financial risk of their failures . therefore , in order to ensure parallelism with the ssm , the single resolution mechanism should apply to member states participating in the ssm . as member states join the ssm , they should also automatically become subject to the single resolution mechanism . ultimately , the single resolution mechanism is expected to extend to the entire internal market . ### the sharing of resolution responsibilities between the national and the union levels should be aligned to the sharing of supervision responsibilities between those levels . as long as supervision remains national in a member state , that member state should also remain responsible for the financial consequences of a bank failure . the single resolution mechanism should therefore only extend to banks and financial institutions established in member states participating in the ssm and subject to the supervision of the ecb within the framework of the ssm . banks established in the member states not participating in the ssm should not be subject to the single resolution mechanism . if such member states became subject to the single resolution mechanism , this would create the wrong incentives for them . in particular , supervisors in these member states may become more lenient towards banks in their jurisdictions as they would not have to bear the full financial risk of their failures . therefore , in order to ensure parallelism with the ssm , the single resolution mechanism should apply to member states participating in the ssm . as member states join the ssm , they should also automatically become subject to the single resolution mechanism . ultimately , the single resolution mechanism should extend to the entire internal market .


### in order to ensure a swift and effective decision making process in resolution , the board should be a specific union agency with a specific structure , corresponding to its specific tasks , and which departs from the model of all other agencies of the union . its composition should ensure that due account is taken of all relevant interests at stake in resolution procedures . the board should operate in executive and plenary sessions . in its executive session , it should be composed of an executive director , a deputy executive director , and representatives of the commission and the ecb . considering the missions of the board , the executive director and deputy executive director should be appointed by the council on a proposal from the commission and after hearing the european parliament . when deliberating on the resolution of a bank or group established within a single participating member state , the executive session of the board should also convene and involve in the decision - making process the member appointed by the member state concerned representing its national resolution authority . when deliberating on a cross - border group , the members appointed by the home and all host member states concerned representing the relevant national resolution authorities should also be convened and involved in the decision - making process of the executive session of the board . however , home authorities and host authorities should have a balanced influence on the decision , so host authorities should have jointly one single vote . observers , including a representative of the esm and of the euro group , may also be invited to attend the meetings of the board . ### in order to ensure a swift and effective decision making process in resolution , the board should be a specific union agency with its own structure , corresponding to its specific tasks , and which departs from the model of all other agencies of the union . its composition should ensure that due account is taken of all relevant interests at stake in resolution procedures . the board should operate in executive and plenary sessions . in its executive session , it should be composed of an executive director , a deputy executive director , and representatives of the commission and the ecb . considering the missions of the board , the executive director and deputy executive director should be appointed by the council on a proposal from the commission and after obtaining the approval of the european parliament . when deliberating on the resolution of a bank or group established within a single participating member state , the executive session of the board should also convene and involve in the decision - making process the member appointed by the member state concerned representing its national resolution authority . when deliberating on a cross - border group , the members appointed by the home and all host member states concerned representing the relevant national resolution authorities should also be convened and involved in the decision - making process of the executive session of the board . however , home authorities and host authorities should have a balanced influence on the decision , so host authorities should have jointly one single vote . observers , including a representative of the esm , the euro group and the european parliament , may also be invited to attend the meetings of the board .


### the board and the commission , where relevant , should replace the national resolution authorities designated under directive [ ] in respect of all aspects related to the resolution decision - making process . the national resolution authorities designated under directive [ ] should continue to carry out activities related to the implementation of resolution schemes adopted by the board . in order to ensure transparency and democratic control , as well as to safeguard the rights of the union institutions , the board should be accountable to the european parliament and to the council for any decisions taken on the basis of this proposal . for the same reasons of transparency and democratic control , national parliaments should have certain rights to obtain information about the activities of the board and to engage in a dialogue with it . ### the board and the commission , where relevant , should replace the national resolution authorities designated under directive [ ] in respect of all aspects related to the resolution decision - making process . the national resolution authorities designated under directive [ ] should continue to carry out activities related to the implementation of resolution schemes adopted by the board . in order to ensure transparency and democratic control , as well as to safeguard the rights of the union institutions , the board should be accountable to the european parliament and to the council , in their capacity as democratically legitimate institutions representing the european people and the member states , for any decisions taken on the basis of this proposal .


### in order to ensure rapid resolution action when it becomes necessary , the board should closely monitor , in cooperation with the relevant competent authority or the ecb , the situation of the institutions concerned and the compliance of those institutions with any early intervention measure taken in their respect . ### in order to ensure that resolution action is started rapidly when it becomes necessary , the board should closely monitor , in cooperation with the relevant competent authority or the ecb , the situation of the institutions concerned and the compliance of those institutions with any early intervention measure taken in their respect .


### in order to minimise disruption to the financial market and to the economy , the resolution process should be accomplished in a short time . the commission should , throughout the resolution procedure , have access to any information which it deems necessary to take an informed decision in the resolution process . where the commission decides to put an institution under resolution , the board should immediately adopt a resolution scheme establishing the details of the resolution tools and powers to be applied , and the use of any financing arrangements . ### in order to minimise disruption to the financial market and to the economy , the resolution process should be accomplished in a very short time . the commission should , throughout the resolution procedure , have access to any information which it deems necessary to take an informed decision in the resolution process . where the commission decides to put an institution under resolution , the board should immediately adopt a resolution scheme establishing the details of the resolution tools and powers to be applied , and the use of any financing arrangements .


### the commission should provide the framework for the resolution action to be taken depending on the circumstances of the case and should be able to designate for use all necessary resolution tools . within that clear and precise framework , the board should decide on the detailed resolution scheme . the relevant resolution tools should include the sale of business tool , the bridge institution tool , the bail - in tool and the asset separation tool , which are also provided for by directive [ ] . the framework should also make it possible to assess whether the conditions for the write - down and conversion of capital instruments are met . ### on the basis of the draft resolution plans prepared by the board , the commission should provide the framework for the resolution action to be taken depending on the circumstances of the case and should be able to designate for use all necessary resolution tools . within that clear and precise framework , the board should decide on the detailed resolution scheme rapidly and effectively . the relevant resolution tools should include the sale of business tool , the bridge institution tool , the bail - in tool and the asset separation tool , which are also provided for by directive [ ] . the framework should also make it possible to assess whether the conditions for the write - down and conversion of capital instruments are met .


### an effective resolution regime should minimise the costs of the resolution of a failing institution borne by the taxpayers . it should also ensure that even large institutions of systemic importance can be resolved without jeopardising financial stability . the bail - in tool achieves that objective by ensuring that shareholders and creditors of the entity suffer appropriate losses and bear an appropriate part of those costs . to this end , statutory debt write down powers should be included in a framework for resolution as an additional option in conjunction with other resolution tools , as recommended by the financial stability board . ### a rapid and effective resolution regime should minimise the costs of the resolution of a failing institution borne by the taxpayers . it should also ensure that even large institutions of systemic importance can be resolved without jeopardising financial stability . the bail - in tool achieves that objective by ensuring that shareholders and creditors of the entity suffer appropriate losses and bear an appropriate part of those costs . to this end , statutory debt write down powers should be included in a framework for resolution as an additional option in conjunction with other resolution tools , as recommended by the financial stability board .


### the term of office of the executive director , the deputy executive director and of the members of the board appointed by the commission and the ecb shall be five years . subject to article 53 , that term shall not be renewable . ### the term of office of the executive director , the deputy executive director and of the members of the board appointed by the commission and the ecb shall be five years . subject to article 52 , that term shall not be renewable .


### a plenary session of the board , which shall exercise the tasks set out in article&#160 ; 47 ; ### a plenary session of the board , which shall exercise the tasks set out in article&#160 ; 46 ;


### an executive session of the board , which shall exercise the tasks set out in article 51 ; ### an executive session of the board , which shall exercise the tasks set out in article 50 ;


### an executive director , which shall exercise the tasks set out in article 53 ; ### an executive director , which shall exercise the tasks set out in article 52 ;


### the board shall submit each year a report to the european parliament , the council , the commission and the european court of auditors on the execution of the tasks conferred upon it by this regulation . ### the board shall submit each year a report to the european parliament , the council , the commission , the european court of auditors and the national parliaments of participating member states on the execution of the tasks conferred upon it by this regulation .


### the executive director shall present that report in public to the european parliament , and to the council . . ### the executive director shall present that report to the european parliament , and to the council .


### the board shall reply orally or in writing to questions addressed to it by the european parliament or by the council , according to its own procedures , in the presence of representatives from any participating member states whose currency is not the euro . ### the board shall reply orally or in writing to questions addressed to it by the european parliament or by the council , according to its own procedures , in the presence of representatives from any participating member states whose currency is not the euro . the board shall provide replies within a reasonable period to questions addressed to it .


### upon request , the executive director shall hold confidential oral discussions behind closed doors with the chair and deputy - chairs of the competent committee of the european parliament where such discussions are required for the exercise of the european parliament’s powers under the treaty . an agreement shall be concluded between the european parliament and the board on the detailed modalities of organising such discussions , with a view to ensuring full confidentiality in accordance with the confidentiality obligations imposed on the ecb as a competent authority under relevant union law . ### at the request of the european parliament or at his / her own request , the executive director shall hold confidential oral discussions behind closed doors with the chair and deputy - chairs of the competent committee of the european parliament where such discussions are required for the exercise of the european parliament’s powers under the treaty .


### during any investigations by the parliament , the board shall cooperate with the parliament , subject to the tfeu . the board and the parliament shall conclude appropriate arrangements on the practical modalities of the exercise of democratic accountability and oversight over the exercise of the tasks conferred on the board by this regulation . those arrangements shall cover , inter alia , access to information , cooperation in investigations and information on the selection procedure of the executive director . ### during any investigations by the parliament , the board shall cooperate with the parliament , subject to the tfeu .


### the members of the board referred to in article 40 shall act independently and objectively in the interest of the union as a whole and shall neither seek nor take instructions from the union’s institutions or bodies , from any government of a member state or from any other public or private body . ### the members of the board referred to in article 39 shall act independently and objectively in the interest of the union as a whole and shall neither seek nor take instructions from the union’s institutions or bodies , from any government of a member state or from any other public or private body .


### participation in plenary sessions all members of the board shall participate in its plenary sessions . ### convening of and participation in plenary sessions of the board the executive director shall convene meetings of the plenary session of the board . 2 . the board in its plenary session shall hold at least two ordinary meetings a year . in addition , it shall meet on the initiative of the executive director , at the request of the commission , or at the request of at least one third of its members . 3 . all members of the board shall participate in its plenary sessions . 4 . the board in its plenary session may invite observers to attend its meetings on an ad hoc basis . 5 . the board shall provide the secretariat of the plenary session of the board .


### adopt , by 30 november of each year , the board ' s annual work programme for the coming year in accordance with article 49 , based on a draft put forward by the executive director and shall transmit it for information to the european parliament , the council , the commission , and the european central bank ; ### adopt , by 30 november of each year , the board ' s annual work programme for the coming year based on a draft put forward by the executive director and shall transmit it for information to the european parliament , the council , the commission , the european central bank and the national parliaments ;


### jjjj adopt the annual budget of the board in accordance with article 59 ; ### adopt the annual budget of the board in accordance with article 58 ;


### adopt an annual activity report on the board’s activities referred to in article 42 . this report shall present detailed explanations on the implementation of the budget ; ### adopt an annual activity report on the board’s activities referred to in article 41 . this report shall present detailed explanations on the implementation of the budget ;


### decision - making process ### decision - making


### the board , in its plenary session , shall take its decisions by a simple majority of its members . however , decisions referred to in point of article 47 shall be taken by a majority of two - thirds of its members . ### the board , in its plenary session , shall take its decisions by a simple majority of its members . however , decisions referred to in point of article 46 shall be taken by a majority of two thirds of its members .


### participation in the executive sessions ### convening of and participation in the executive sessions of the board


### subject to paragraphs 2 and 3 , the members of the board referred to in article 40 to shall participate in the executive sessions of the board . ### subject to paragraphs 2 and 3 , the members of the board referred to in article 39 to shall participate in the executive sessions of the board .


### when deliberating on an entity referred to in article 2 or a group of entities established only in one participating member state , the member appointed by that member state shall also participate in the deliberations and in the decision - making process in accordance with article 52 and . ### when deliberating on an entity referred to in article 2 or a group of entities established only in one participating member state , the member appointed by that member state shall also participate in the deliberations and in the decision - making process in accordance with article 51 and .


### when deliberating on a cross - border group the member appointed by the member state in which the group level resolution authority is situated , as well as the members appointed by the member states in which a subsidiary or entity covered by consolidated supervision is established , shall participate in the deliberations and in the decision - making process in accordance with article 52 and . ### when deliberating on a cross - border group the member appointed by the member state in which the group level resolution authority is situated , as well as the members appointed by the member states in which a subsidiary or entity covered by consolidated supervision is established , shall participate in the deliberations and in the decision - making process in accordance with article 51 and .


### the board , in its executive session , shall meet on the initiative of the executive director or at the request of its members . ### the board , in its executive session , shall meet on the initiative of the executive director or at the request of two of its members .


### when deliberating on a cross - border group , the board shall take its decisions in its executive sessions by a simple majority of its participating members . the members of the board referred to in article 40 and the member appointed by the member state in which the group level resolution authority is situated shall each have one vote . the other participating members shall each have a voting right equal to a fraction of one vote and the number of national resolution authorities of the member states in which a subsidiary or entity covered by consolidated supervision is established . in case of a tie the executive director shall have a casting vote . ### when deliberating on a cross - border group , the board shall take its decisions in its executive sessions by a simple majority of its participating members . the members of the board referred to in article 39 and the member appointed by the member state in which the group level resolution authority is situated shall each have one vote . the other participating members shall each have a voting right equal to a fraction of one vote and the number of national resolution authorities of the member states in which a subsidiary or entity covered by consolidated supervision is established . in case of a tie the executive director shall have a casting vote .


### implementation of the budget of the board , in accordance with article 59 ; ### implementation of the budget of the board , in accordance with article 58 ;


### the executive director and the deputy executive director shall be appointed on the basis of merit , skills , knowledge of banking and financial matters , of experience relevant to financial supervision and regulation . ### the executive director and the deputy executive director shall be appointed on the basis of merit , skills , knowledge of banking and financial matters , of experience relevant to financial supervision and regulation . appointments shall also be based as far as possible on the principle of gender equality .


### after hearing the board , in its plenary session , the commission shall propose a list of candidates to the council for the appointment of the executive director and the deputy executive director . . the council shall appoint the executive director and the deputy executive director after hearing the european parliament . ### after hearing the board , in its plenary session , the commission shall propose a list of candidates to the council for the appointment of the executive director and the deputy executive director . the council shall appoint the executive director and the deputy executive director after the list has been approved by the european parliament .


### by derogation from article 40 , the term of office of the first deputy executive director appointed after the entry into force of this regulation shall be three years ; this term is renewable once for a period of five years . the executive director and the deputy executive director shall remain in office until their successors are appointed . ### by derogation from article 39 , the term of office of the first deputy executive director appointed after the entry into force of this regulation shall be three years ; this term is renewable once for a period of five years . the executive director and the deputy executive director shall remain in office until their successors are appointed .


### by 31 march of each year the board , in its executive session , shall transmit to the european parliament , the council , the commission , and the court of auditors accounts of the board ' s provisional accounts for the preceding financial year . ### by 31 march of each year the board , in its executive session , shall transmit to the european parliament , the council , the commission , the court of auditors and the national parliaments accounts of the board ' s provisional accounts for the preceding financial year .


### the executive director shall , by 1 july following each financial year , shall send the final accounts to the european parliament , the council , the commission , and the court of auditors . ### the executive director shall , by 1 july following each financial year , send the final accounts to the european parliament , the council , the commission , the court of auditors and the national parliaments .


### until the executive director takes up his duties following his appointment by the council in accordance with article 53 , the commission may designate a commission official to act as interim executive director and exercise the duties assigned to the executive director ; ### until the executive director takes up his duties following his appointment by the council in accordance with article 52 , the commission may designate a commission official to act as interim executive director and exercise the duties assigned to the executive director ;


### by derogation from article 47 and until the adoption of a decision as referred to in article 47 , the interim executive director shall exercise the appointing authority powers ; ### by derogation from article 46 and until the adoption of a decision as referred to in article 46 , the interim executive director shall exercise the appointing authority powers ;


### the maternity leave stipulated in paragraph 1 shall include compulsory leave of at least six weeks after childbirth . the member states shall take the necessary measures to ensure that workers within the meaning of article 2 are entitled to choose freely the time at which the non - compulsory portion of the maternity leave is taken , before or after childbirth . ### the maternity leave stipulated in paragraph 1 must include compulsory maternity leave of at least two weeks , which according to national law and / or practice can be divided between the periods before and / or after childbirth . the member states may limit the period of maternity leave before childbirth .


### the maternity leave stipulated in paragraph 1 shall include compulsory leave of at least six weeks after childbirth . the member states shall take the necessary measures to ensure that workers within the meaning of article 2 are entitled to choose freely the time at which the non - compulsory portion of the maternity leave is taken , before or after childbirth . ### the maternity leave stipulated in paragraph 1 shall include compulsory leave of at least six weeks after childbirth , as well as compulsory maternity leave four weeks before childbirth . the member states shall take the necessary measures to ensure that workers within the meaning of article 2 are entitled to choose freely the time at which the non - compulsory portion of the maternity leave is taken , before or after childbirth .


### if a worker within the meaning of article 2 is dismissed during the period referred to in point 1 the employer must cite duly substantiated grounds for her dismissal in writing . if the dismissal occurs within six months following the end of maternity leave as provided for in article 8 , the employer must cite duly substantiated grounds for her dismissal in writing at the request of the worker concerned . ### if a worker within the meaning of article 2 is dismissed during the period referred to in point 1 or within six months following the end of maternity leave as provided for in article 8 , the employer must cite duly substantiated grounds for her dismissal in writing . this shall not affect the substantial provisions on dismissal under national law .


### workers , within the meaning of article 2 , who are excluded from work by their employer who considers them not fit for work without medical indication supplied by the worker , shall , until the beginning of the maternity leave in the sense of article 8 , receive a payment equivalent to their full salary . ### workers , within the meaning of article 2 , who are excluded from work by their employer who considers them not fit for work without medical indication supplied by the worker , must consult a doctor on their own initiative . if the doctor certifies the women as fit to work , either the employer must employ them again as normal , or until the beginning of the maternity leave in the sense of article 8 , they shall receive a payment equivalent to their full salary .


### the right of workers within the meaning of article 2 to return to their jobs or to equivalent posts on terms and conditions that are no less favourable to them and to benefit from any improvement in working conditions to which they would have been entitled during their absence . ### the right of workers within the meaning of article 2 to return to their jobs or to equivalent posts on terms and conditions that are no less favourable to them and to benefit from any improvement in working conditions to which they would have been entitled during their absence ; in exceptional situations of restructuring or radical reorganisation of the production process , the body representing workers’ interests must always be given the opportunity together with the employer to advise the worker concerned about the effects of these changes .


### the allowance referred to in point 2 shall be deemed adequate if it guarantees income equivalent to the last monthly salary or an average monthly salary , subject to any ceiling laid down under national legislation . such a ceiling may not be lower than the allowance received by workers within the meaning of article 2 in the event of a break in activity on grounds connected with the worker ' s state of health . the member states may lay down the period over which this average monthly salary is calculated . ### the allowance referred to in point 2 may not be lower than the allowance received by workers within the meaning of article 2 in the event of a break in activity for health reasons , or not less than two thirds of the worker’s last monthly salary under national law ; the national legislator may lay down ceilings and reference periods .


### member states shall take such measures as are necessary in accordance with their national judicial systems to ensure that when persons who consider that their rights under this directive have been breached establish , before a court or other competent authority , facts from which it may be presumed that there has been such a breach , it shall be for the respondent to prove that there has been no breach of the directive . ### member states shall take such measures as are necessary in accordance with their national judicial systems to ensure that when persons who consider that their rights under this directive have been breached establish , before a court or other competent authority , facts from which it may be presumed that there has been such a breach , it shall be for the respondent or employer to prove that there has been no breach of the directive .


### member states need not apply paragraph 1 to proceedings in which the court or competent body investigates the facts of the case . ### deleted


### member states shall introduce into their national legal systems such measures as are necessary to protect individuals from any adverse treatment or adverse consequence resulting from a complaint they have lodged or proceedings they have initiated with the aim of enforcing compliance with the rights granted under this directive . ### member states shall introduce into their national legal systems such measures as are necessary to protect individuals including witnesses from any adverse treatment or adverse consequence resulting from a complaint they have lodged or proceedings they have initiated with the aim of enforcing compliance with the rights granted under this directive .


### member states shall lay down the rules on penalties applicable to breaches of national provisions adopted pursuant to this directive , and shall take all measures necessary to ensure that they are applied . penalties may comprise payment of compensation , which may not be limited by the fixing of a prior upper limit , and must be effective , proportionate and dissuasive . ### member states shall lay down the rules on penalties applicable to breaches of national provisions adopted pursuant to this directive , and shall take all measures necessary to ensure that they are applied . penalties may comprise payment of compensation and must be effective and proportionate .


### the appointing authority of each institution may introduce flexible working - time arrangements . officials to whom the provisions of the second paragraph of article 44 apply shall manage their working - time without resorting to such arrangements . ### the appointing authority of each institution may introduce flexible working - time arrangements . compensation for overtime shall take the form of hours credited to the official’s working time account and may not exceed eight hours per calendar month . overtime must be approved in advance by the directorate - general concerned and by the directorate - general for human resources . applications for overtime shall specify the reasons for the exceptional situation , the circumstances justifying compensation , the number of workers involved and the estimated amount of overtime to be worked . officials to whom the provisions of the second paragraph of article 44 apply and officials in grades ad / ast 9 or above shall manage their working - time without resorting to such arrangements .


### ‘ 4 . the appointing authority of each institution may introduce flexible working - time arrangements . officials to whom the provisions of the second paragraph of article 44 apply shall manage their working - time without resorting to such arrangements . ’ ### ‘ 4 . the appointing authority of each institution may introduce flexible working - time arrangements . officials to whom the provisions of the second paragraph of article 44 apply and officials in grades ad / ast 9 and above shall manage their working - time without resorting to such arrangements . ’


### in article 61 , the word ‘ institutions’ shall be replaced by ‘ appointing authorities of the institutions’ ; ### article 61 shall be amended as follows : the word ' institutions ' shall be replaced by ' appointing authorities of the institutions ' . the following paragraph shall be added : ‘ the total number of public holidays and office closing days shall not exceed 14 . ’


### to the annual leave of officials entitled to the expatriation or foreign residence allowance shall be added travelling time based on the geographical distance between the place of employment and the place of origin , calculated as follows : - 250 to 600 km : one day of home travelling time , - 601 to 1200 km : two days of home travelling time , - more than 1200 km : three days of home travelling time . ### to the annual leave of officials entitled to the expatriation or foreign residence allowance shall be added travelling time based on the geographical distance between the place of employment and the place of origin , calculated as follows : - 250 to 1000 km : one day of home travelling time , - more than 1000 km : two days of home travelling time ,


### to ensure effective cooperation between europol and member states , a national unit should be set up in each member state . it should be the principal liaison between national law enforcement authorities and training institutes and europol . to ensure continuous , effective exchange of information between europol and national units and to facilitate their cooperation , each national unit should second at least one liaison officer to europol . ### to ensure effective cooperation between europol and member states , a national unit should be set up in each member state . the role of the national europol units as guarantors and defenders of national interests in the agency should be maintained under the regulation . national units should also continue to be the contact point between europol and the competent authorities , thereby giving them a centralised and coordinating role in respect of all member state cooperation with and through europol , and thus ensuring that each member state responds in a uniform way to europol requests . to ensure continuous , effective exchange of information between europol and national units and to facilitate their cooperation , each national unit should second at least one liaison officer to europol .


### europol should be able to exchange personal data with other union bodies to the extent necessary for the accomplishment of its tasks . ### europol should be able to exchange personal data with other union bodies to the extent necessary for the accomplishment of its tasks . the european data protection supervisor should ensure that this exchange of information concerns only persons who have committed or who are thought likely to commit offences in respect of which europol has competence .


### data protection rules at europol should be strengthened and draw on the principles underpinning regulation no 45 / 200132 to ensure a high level of protection of individuals with regard to processing of personal data . as declaration 21 attached to the treaty recognizes the specificity of personal data processing in the law enforcement context , the data protection rules of europol should be autonomous and aligned with other relevant data protection instruments applicable in the area of police cooperation in the union , in particular convention no . 10833 and recommendation no r of the council of europe34 and council framework decision 2008 / 977 / jha on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters35 [ to be replaced by the relevant directive in force at the moment of adoption ] . ### data protection rules at europol should be strengthened and aligned with other relevant data protection instruments applicable to processing of personal data in the area of police cooperation in the european union . while decision 2009 / 371 / jha provides for a robust data protection regime for europol , it should be further elaborated to align europol with the requirements of the lisbon treaty , reflect the growing role of europol , improve the rights of data subjects and further enhance the trust between member states and europol which is necessary for a successful exchange of information . data protection rules at europol should be strengthened and draw on the principles underpinning regulation no 45 / 2001 to ensure a high level of protection of individuals with regard to processing of personal data . as declaration 21 attached to the treaty acknowledges , the specific nature of the processing of personal data the law enforcement context proves necessary that specific rules on the protection of personal data and the free movement of such data are established for europol based on article 16 of the treaty on the functioning of the european union and aligned with other relevant data protection instruments applicable in the area of police cooperation in the union , in particular convention no . 108 and its additional protocol of 8 november 2001 and recommendation no r of the council of europe and council framework decision 2008 / 977 / jha on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters [ to be replaced by the relevant directive in force at the moment of adoption ] .


### europol should keep records of collection , alteration , access , disclosure , combination or erasure of personal data for the purposes of verification of the lawfulness of the data processing , self - monitoring and ensuring proper data integrity and security . europol should be obliged to co - operate with the european data protection supervisor and make the logs or documentation available upon request , so that they can be used for monitoring processing operations . ### europol should keep records of collection , alteration , access , disclosure , combination or erasure of personal data for the purposes of verification of the lawfulness of the data processing , self - monitoring and ensuring proper data integrity and security . europol should be obliged to co - operate with the european data protection supervisor and the joint supervisory authority and make the logs or documentation available upon request , so that they can be used for monitoring processing operations .


### given the nature of the duties of europol and the role of the executive director , the executive director may be invited to make a statement to and to answer questions from the competent committee of the european parliament before his appointment , as well as before any extension of his term of office . the executive director should also present the annual report to the european parliament and to the council . furthermore , the european parliament should be able to invite the executive director to report on the performance of his duties . ### given the nature of the duties of europol and the role of the executive director , the executive director should be invited to make a statement to and to answer questions from the parliamentary scrutiny unit before his appointment , as well as before any extension of his term of office . the executive director should also present the annual report to the parliamentary scrutiny unit and to the council . furthermore , the european parliament should be able to invite the executive director to report on the performance of his duties .


### europol , as established by this regulation , shall replace and succeed europol as established by decision 2009 / 371 / jha , and cepol as established by decision 2005 / 681 / jha . it should therefore be a legal successor of all their contracts , including employment contracts , liabilities and properties acquired . international agreements concluded by europol as established on the basis of decision 2009 / 371 / jha and cepol as established on the basis of decision 2005 / 681 / jha should remain in force , with the exception of the headquarters agreement concluded by cepol . ### europol , as established by this regulation , shall replace and succeed europol as established by decision 2009 / 371 / jha . it should therefore be a legal successor of all their contracts , including employment contracts , liabilities and properties acquired . international agreements concluded by europol as established on the basis of decision 2009 / 371 / jha should remain in force .


### europol shall support and strengthen action by the competent authorities of the member states and their mutual cooperation in preventing and combating serious crime affecting two or more member states , terrorism and forms of crime which affect a common interest covered by a union policy , as specified in annex 1 . ### europol shall support and strengthen action by the competent authorities of the member states and their mutual cooperation in preventing and combating organised crime , terrorism and other forms of serious crime , as specified in annex i and affecting two or more member states in such a way to require a common approach by the member states taking in account the scale , significance and consequences of the offences .


### europol may , within the limits provided by the law of the member states in which joint investigative team is operating , assist in all activities and exchange of information with all members of the joint investigative team . ### europol may , within the limits provided by the law of the member states in which joint investigative team is operating , assist in all activities and exchange of information with all members of the joint investigative team . europol officers shall not take part in the application of coercive measures .


### each member state shall establish or designate a national unit which shall be the liaison body between europol and the competent authorities in member states as well as with training institutes for law enforcement officers . each member state shall appoint an official as the head of the national unit . ### each member state shall establish a national unit which shall be the liaison body between europol and the designated competent authorities in member states . each member state shall designate a head of the national unit .


### member states shall , via their national unit or a competent authority of a member state , in particular : supply europol with the information necessary for it to fulfil its objectives . this includes providing europol without delay with information relating to crime areas that are considered a priority by the union . it also includes providing a copy of bilateral or multilateral exchanges with another member state or member states in so far as the exchange refers to crime that falls under europol ' s objectives ; ### the national units shall : supply europol , on their own initiative , with the information and intelligence necessary for it to perform its functions , and respond to europol ' s requests for information , the supply of intelligence and advice ; without prejudice to the member states’ discharging the responsibilities incumbent upon them with regard to the maintenance of law and order and the safeguarding of internal security , a national unit shall not in any particular case be obliged to supply information or intelligence if that would entail : harming essential national security interests ; jeopardising the success of a current investigation or the safety of individuals ; or disclosing information relating to organisations or specific intelligence activities in the field of state security .


### liaison officers shall assist in the exchange of information between europol and their member states . ### liaison officers shall transmit information from their national units to europol , and from europol to the national units .


### the management board shall be composed of one representative from each member state and two representatives of the commission , all with voting rights . ### the management board shall be composed of one representative from each member state and one representative of the commission , all with voting rights .


### all parties represented in the management board shall make efforts to limit the turnover of their representatives , to ensure continuity of the management board’s work . all parties shall aim to achieve a balanced representation between men and women on the management board . ### all parties represented in the management board shall aim to achieve a balanced representation between men and women on the management board .


### adopt a consolidated annual activity report on europol’s activities and send it , by 1 july of the following year , to the european parliament , the council , the commission , the court of auditors and national parliaments . the consolidated annual activity report shall be made public ; ### adopt a consolidated annual activity report on europol’s activities , send and present it to the parliamentary scrutiny unit and send it to the council , the commission and the court of auditors and to national parliaments , by 1 july of the following year . the consolidated annual activity report shall be made public ;


### adopt appropriate implementing rules for giving effect to the staff regulations and the conditions of employment of other servants in accordance with article 110 of the staff regulations ; ### adopt , on the recommendation of the executive director , appropriate implementing rules for giving effect to the staff regulations and the conditions of employment of other servants in accordance with article 110 of the staff regulations


### the management board shall adopt the annual work programme the latest by 30 november each year , based on a draft put forward by the executive director , taking into account the opinion of the commission . it shall forward it to the european parliament , the council , the commission and national parliaments . ### the management board shall adopt the annual work programme at the latest by 30 november each year , based on a draft put forward by the executive director , taking into account the opinion of the commission . it shall forward and present it to the parliamentary scrutiny unit and shall forward it to the council , the commission and national parliaments .


### the annual work programme shall comprise detailed objectives and expected results including performance indicators . it shall also contain a description of the actions to be financed and an indication of the financial and human resources allocated to each action , in accordance with the principles of activity - based budgeting and management . the annual work programme shall be coherent with the multi - annual work programme referred to in paragraph 4 . it shall clearly indicate tasks that have been added , changed or deleted in comparison with the previous financial year . ### the annual work programme shall comprise detailed objectives and expected results including performance indicators . it shall also contain a description of the actions to be financed and an indication of the financial and human resources allocated to each action , in accordance with the principles of activity - based budgeting and management . the annual work programme shall be subject to the multi - annual work programme referred to in paragraph 4 . it shall clearly indicate tasks that have been added , changed or deleted in comparison with the previous financial year .


### the terms of office of the chairperson and of the deputy chairperson shall be four years . their term of office may be renewed once . if , however , their membership of the management board ends at any time during their term of office as chairperson or deputy chairperson , their term of office shall automatically expire on that date . ### the terms of office of the chairperson and of the deputy chairperson shall be five years . their term of office may be renewed once . if , however , their membership of the management board ends at any time during their term of office as chairperson or deputy chairperson , their term of office shall automatically expire on that date .


### without prejudice to articles 14 , and , article 16 and article 56 , the management board shall take decisions by a majority of members . ### without prejudice to articles 14 , , and , article 16 and article 56 , the management board shall take decisions by a majority of members .


### the executive director shall report to the european parliament on the performance of his / her duties when invited to do so . the council may invite the executive director to report on the performance of his / her duties . ### the executive director shall appear before and report to the parliamentary scrutiny unit on the performance of his / her duties when invited to do so . the council may invite the executive director to report on the performance of his / her duties .


### preparing the annual work programme and the multi - annual work programme and submitting them to the management board after consulting the commission ### preparing the annual work programme and the multi - annual work programme and submitting them to the management board , taking into account the opinion of the commission ;


### preparing a draft multi - annual staff policy plan and submitting it to the management board after consultation of the commission ; ### preparing a draft multi - annual staff policy plan and submitting it to the management board taking into account the opinion of the commission ;


### in so far as necessary for the achievement of its objectives as laid down in article 3 and , europol shall process information , including personal data only for the purposes of : ### in so far as necessary for the achievement of its objectives as laid down in article 3 , europol shall process information , including personal data . personal data may be processed only for the purposes of :


### cross - checking aimed at identifying connections between information ; ### cross - checking aimed at identifying connections or other relevant links between information ;


### member states shall have indirect access on the basis of a hit / no hit system to information provided for the purposes of article 24 , without prejudice to any restrictions indicated by the member states , union bodies and third countries or international organisations providing the information , in accordance with article 25 . in the case of a hit , europol shall initiate the procedure by which the information that generated the hit may be shared , in accordance with the decision of the member state that provided the information to europol . ### member states shall have indirect access on the basis of a hit / no hit system to information provided for the purposes of article 24 , without prejudice to any restrictions indicated by the member states , union bodies and third countries or international organisations providing the information , in accordance with article 25 . in the case of a hit , europol shall inform the member state which provided the information and initiate the procedure by which the information that generated the hit may be shared , in accordance with the decision of the member state in question .


### member states shall have access to and be able to search all information which has been provided for the purposes of article 24 and , without prejudice to the right for member states , union bodies and third countries and international organisations to indicate restrictions on access and use of such data . member states shall designate these competent authorities allowed to perform such a search . ### member states justifying the need to do so shall have access to and be able to search all information which has been provided for the purposes of article 24 and , without prejudice to the right for member states , union bodies and third countries and international organisations to indicate restrictions on access and use of such data . member states shall designate these competent authorities allowed to perform such a search .


### member states shall have indirect access on the basis of a hit / no hit system to information provided for the purposes of article 24 , without prejudice to any restrictions indicated by the member states , union bodies and third countries or international organisations providing the information , in accordance with article 25 . in the case of a hit , europol shall initiate the procedure by which the information that generated the hit may be shared , in accordance with the decision of the member state that provided the information to europol . ### member states shall have indirect access on the basis of a hit / no hit system to information provided for the purposes of article 24 , without prejudice to any restrictions indicated by the member states , union bodies and third countries or international organisations providing the information , in accordance with article 25 . in the case of a hit , europol shall initiate the procedure by which the information needed to perform its duties and that generated the hit may be shared , in accordance with the decision of the member state that provided the information to europol .


### access to europol information for eurojust and olaf ### access to europol information for eurojust


### europol shall take all appropriate measures to enable eurojust and the european anti - fraud office within their respective mandates , to have access to and be able to search all information that has been provided for the purposes of article 24 and , without prejudice to the right for member states , union bodies and third countries and international organisations to indicate restrictions to the access and use of such data . europol shall be informed where a search by eurojust or olaf reveals the existence of a match with information processed by europol . ### europol shall take all appropriate measures to enable eurojust within its mandate to have access to and be able to search all information that has been provided for the purposes of article 24 and , without prejudice to the right for member states , union bodies and third countries and international organisations to indicate restrictions to the access and use of such data . europol shall be informed where a search by eurojust reveals the existence of a match with information processed by europol .


### europol shall take all appropriate measures to enable eurojust and olaf , within their respective mandates , to have indirect access on the basis of a hit / no hit system to information provided for the purposes under article 24 , without prejudice to any restrictions indicated by the providing member states , union bodies and third countries or international organisations , in accordance with article 25 . in case of a hit , europol shall initiate the procedure by which the information that generated the hit may be shared , in accordance with the decision of the member state , union body , third country or international organisation that provided the information to europol . ### europol shall take all appropriate measures to enable eurojust , within its mandate , to have indirect access on the basis of a hit / no hit system to information provided for the purposes under article 24 , without prejudice to any restrictions indicated by the providing member states , union bodies and third countries or international organisations , in accordance with article 25 . in case of a hit , europol shall initiate the procedure by which the information that generated the hit may be shared , in accordance with the decision of the member state , union body , third country or international organisation that provided the information to europol .


### searches of information in accordance with paragraphs 1 and 2 shall be made only for the purpose of identifying whether information available at eurojust or olaf , respectively , matches with information processed at europol . ### searches of information in accordance with paragraphs 1 and 2 shall be made only for the purpose of identifying whether information available at eurojust matches with information processed at europol .


### europol shall allow searches in accordance with paragraphs 1 and 2 only after obtaining from eurojust information about which national members , deputies , assistants , as well as eurojust staff members , and from olaf information about which staff members , have been designated as authorised to perform such searches . ### europol shall allow searches in accordance with paragraphs 1 and 2 only after obtaining from eurojust information about which national members , deputies , assistants , as well as eurojust staff members have been designated as authorised to perform such searches .


### if during europol’s information processing activities in respect of an individual investigation , europol or a member state identifies the necessity for coordination , cooperation or support in accordance with the mandate of eurojust or olaf , europol shall notify them thereof and shall initiate the procedure for sharing the information , in accordance with the decision of the member state providing the information . in such a case eurojust or olaf shall consult with europol . ### if during europol’s information processing activities in respect of an individual investigation , europol or a member state identifies the necessity for coordination , cooperation or support in accordance with the mandate of eurojust , europol shall notify them thereof and shall initiate the procedure for sharing the information , in accordance with the decision of the member state providing the information . in such a case eurojust shall consult with europol .


### eurojust , including the college , the national members , deputies , assistants , as well as eurojust staff members , and olaf , shall respect any restriction to access or use , in general or specific terms , indicated by member states , union bodies , third countries and international organisations in accordance with article 25 . ### eurojust , including the college , the national members , deputies , assistants , as well as eurojust staff members , shall respect any restriction to access or use , in general or specific terms , indicated by member states , union bodies , third countries and international organisations in accordance with article 25 .


### if europol , in accordance with its task pursuant to article 4 , needs to inform a member state about information concerning it , and that information is subject to access restrictions pursuant to article 25 , that would prohibit sharing it , europol shall consult with the data provider stipulating the access restriction and seek its authorisation for sharing . without such an authorisation , the information shall not be shared . ### if europol , in accordance with its task pursuant to article 4 , needs to inform a member state about information concerning it , and that information is subject to access restrictions pursuant to article 25 , that would prohibit sharing it , europol shall consult with the data provider stipulating the access restriction and seek its authorisation for sharing . without such an authorisation , the information shall not be shared . in cases where the information is not subject to access restrictions pursuant to article 25 , europol shall nevertheless inform the member state which provided the information that it has been passed on .


### without prejudice to article 36 , personal data shall only be transferred by europol to union bodies , third countries and international organisations , if this is necessary for preventing and combating crime that falls under europol’s objectives and in accordance with this chapter . if the data to be transferred have been provided by a member state , europol shall seek that member state’s consent , unless : ### without prejudice to article 36 , personal data shall only be transferred by europol to union bodies , third countries and international organisations , if this is necessary for preventing and combating crime that falls under europol’s objectives and in accordance with this chapter . if the data to be transferred have been provided by a member state , europol shall seek that member state’s consent before the personal data are transferred , unless :


### onward transfers of personal data by member states , union bodies , third countries and international organizations shall be prohibited unless europol has given its explicit consent . ### personal data may only be transferred if member states , eu bodies , third countries and international organisations promise that such data will only be used for the purpose for which they were transferred . onward transfers of personal data by member states , union bodies , third countries and international organizations shall therefore be prohibited unless europol has given its explicit consent . europol shall ensure that transfers of personal data and the reasons for such transfers are recorded in accordance with this regulation .


### the transfer of the data is absolutely necessary in the interests of preventing imminent danger associated with crime or terrorist offences ; ### the transfer is necessary in individual cases for the prevention , investigation , detection or prosecution of criminal offences or the execution of criminal penalties ;


### by way of derogation from paragraph 1 , the executive director may authorise the transfer of personal data to third countries or international organisations on a case - by - case basis if : ### by way of derogation from paragraph 1 , the executive director may , whilst observing his / her obligations regarding discretion , confidentiality and proportionality , authorise the transfer of personal data to third countries or international organisations on a case - by - case basis if :


### the executive director shall inform the management board and the european data protection supervisor of cases where he / she applied paragraph 2 . ### the executive director shall inform the management board , the european data protection supervisor and the joint supervisory authority of cases where it applied paragraph 2 .


### the european data protection supervisor shall deliver his / her opinion within two months following receipt of the notification . this period may be suspended until the european data protection supervisor has obtained any further information that he / she may have requested . when the complexity of the matter so requires , this period may also be extended for a further two months , by decision of the european data protection supervisor . this decision shall be notified to europol prior to expiry of the initial two - month period . ### the joint supervisory authority and the european data protection supervisor shall deliver its opinion within two months following receipt of the notification . this period may be suspended until the supervisory authorities have obtained any further information that it may have requested . when the complexity of the matter so requires , this period may also be extended for a further two months , by decision of the supervisory authorities . this decision shall be notified to europol prior to expiry of the initial two - month period .


### order the rectification , blocking , erasure or destruction of all data when they have been processed in breach of the provisions governing the processing of personal data and the notification of such actions to third parties to whom the data have been disclosed ; ### order the rectification , blocking , erasure or destruction of all data that have been processed in breach of the provisions governing the processing of personal data and the notification of such actions to third parties to whom the data have been disclosed ;


### impose a temporary or definitive ban on processing ; ### to impose a temporary , definitive , partial or total ban on processing ;


### impose a temporary or definitive ban on processing ; ### propose to the management board that a temporary or definitive ban be imposed on processing ;


### impose a temporary or definitive ban on processing ; ### impose a temporary or definitive ban on processing after having heard the management board ;


### in the cases referred to in paragraph 1 , the european data protection supervisor and the national supervisory authorities shall , each acting within the scope of their respective competences , exchange relevant information , assist each other in carrying out audits and inspections , examine difficulties of interpretation or application of this regulation , study problems relating to the exercise of independent supervision or the exercise of the rights of data subjects , draw up harmonised proposals for joint solutions to any problems and promote awareness of data protection rights , as necessary . ### the costs related to all the supervising activities of the joint supervisory authority shall be borne by the european data protection supervisor , who shall also provide for the secretariat services .


### administrative personal data and staff data ### supervision on administrative personal data and staff data


### regulation no 45 / 2001 shall apply to all personal data of europol staff members as well as administrative personal data held by europol . ### the european data protection supervisor shall have exclusive competence on this area . regulation no 45 / 2001 shall apply to all personal data of europol staff members as well as administrative personal data held by europol .


### the chairperson of the management board and the executive director shall appear before the european parliament , jointly with national parliaments , at their request to discuss matters relating to europol , taking into account the obligations of discretion and confidentiality . ### the chairperson of the management board and the executive director shall appear before the parliamentary scrutiny unit , at its request to discuss matters relating to europol , taking into account the obligations of discretion and confidentiality .


### in addition to the obligations of information and consultation set out in this regulation , europol shall transmit to the european parliament and to the national parliaments , taking into account the obligations of discretion and confidentiality , for information : ### in addition to the obligations of information and consultation set out in this regulation , europol shall transmit to the parliamentary scrutiny unit , taking into account the obligations of discretion and confidentiality , for information :


### for the purpose of enabling it to exercise parliamentary scrutiny of europol ' s activities in accordance with article 53 , access to european union classified information and sensitive non - classified information processed by or through europol may be granted to the european parliament and its representatives upon request . ### for the purpose of enabling it to exercise parliamentary scrutiny of europol ' s activities in accordance with article 53 , access to european union classified information and sensitive non - classified information processed by or through europol may be granted to the parliamentary scrutiny unit upon request . given the sensitive and classified nature of this information , it shall be processed in the european parliament in accordance with the procedure laid down in the european parliament regulation , and especially in annex viii .


### the executive director shall be appointed by the management board , from a list of candidates proposed by the commission , following an open and transparent selection procedure . for the purpose of concluding the contract with the executive director , europol shall be represented by the chairperson of the management board . before appointment , the candidate selected by the management board may be invited to make a statement before the competent committee of the european parliament and to answer questions put by its members . ### the executive director shall be appointed by the management board , from a list of at least three candidates proposed by a committee composed of the commission representative on the management board and two other members of the management board , following an open and transparent selection procedure . for the purpose of concluding the contract with the executive director , europol shall be represented by the chairperson of the management board . before appointment , the candidate selected by the management board shall be invited to make a statement before the parliamentary scrutiny unit and to answer questions put by its members .


### the management board shall inform the european parliament if it intends to extend the executive director’s term of office . within the month before any such extension , the executive director may be invited to make a statement before the competent committee of the parliament and answer questions put by its members . ### the management board shall inform the european parliament if it intends to extend the executive director’s term of office . within the month before any such extension , the executive director shall be invited to make a statement before the parliamentary scrutiny unit and answer questions put by its members .


### the management board shall , on the basis of that draft , produce a provisional draft estimate of europol’s revenue and expenditure for the following financial year . the provisional draft estimate of europol’s revenue and expenditure shall be sent to the commission each year by [ date set out in the framework financial regulation ] . the management board shall send a final draft estimate , which shall include a draft establishment plan , to the commission , the european parliament and the council by 31 march . ### the management board shall , on the basis of that draft , produce a provisional draft estimate of europol’s revenue and expenditure for the following financial year . the provisional draft estimate of europol’s revenue and expenditure shall be sent to the commission each year by [ date set out in the framework financial regulation ] . the management board shall send and submit a final draft estimate , which shall include a draft establishment plan , to the parliamentary scrutiny unit and shall send this to the commission , the council and the national parliaments by 31 march .


### europol shall send the report on the budgetary and financial management to the european parliament , the council and the court of auditors by 31 march of the following financial year . ### europol shall send and submit to the parliamentary scrutiny unit the report on the budgetary and financial management and shall send it to the council and the court of auditors by 31 march of the following financial year .


### the executive director shall , by 1 july following each financial year , send the final accounts to the european parliament , the council , the commission , the court of auditors and national parliaments , together with the management board’s opinion . ### the executive director shall , by 1 july following each financial year , send and submit the final accounts to the parliamentary scrutiny unit and shall send them to the council , the commission , the court of auditors and national parliaments , together with the management board’s opinion .


### the commission shall forward the evaluation report together with its conclusions on the report to the european parliament , the council , the national parliaments and the management board . ### the commission shall forward and submit the evaluation report together with its conclusions on the report to the parliamentary scrutiny unit and shall forward it to the council , the national parliaments and the management board .


### on the occasion of every second evaluation , the commission shall also assess the results achieved by europol having regard to its objective , mandate and tasks . if the commission considers that the continuation of europol is no longer justified with regard to its assigned objectives and tasks , it may propose that this regulation be amended accordingly or repealed . ### on the occasion of every second evaluation , the commission shall also assess the results achieved by europol having regard to its objective , mandate and tasks . if the commission considers that the continuation of europol is no longer justified with regard to its assigned objectives and tasks , it may propose that this regulation be amended accordingly or repealed . the same procedure shall be followed in forwarding this proposal as was used to approve this regulation .


### all non - legislative measures implementing decision 2009 / 371 / jha which sets up the european police office and decision 2005 / 681 / jha which sets up cepol shall remain in force following the [ date of application of this regulation ] , unless otherwise decided by the management board of europol in the implementation of this regulation . . ### all non - legislative measures implementing decision 2009 / 371 / jha which sets up the european police office shall remain in force following the [ date of application of this regulation ] , unless otherwise decided by the management board of europol in the implementation of this regulation .


### a valid prospectus , drawn up by the issuer or the offeror and available to the public at the time of the final placement of securities through financial intermediaries or in any subsequent resale of securities , provides sufficient information for investors to make informed investment decisions . therefore , financial intermediaries placing or subsequently reselling the securities should be entitled to rely upon the initial prospectus published by the issuer or the offeror as long as this is valid and duly supplemented in accordance with article 9 and article 16 of directive 2003 / 71 / ec and the issuer or the offeror responsible for drawing up such prospectus consents to its use . in this case no other prospectus should be required . however , in case the issuer or the offeror responsible for drawing up such initial prospectus does not consent to its use , the financial intermediary should be required to publish a new prospectus . ### a valid prospectus , drawn up by the issuer or the offeror and available to the public at the time of the final placement of securities through financial intermediaries or in any subsequent resale of securities , provides sufficient information for investors to make informed investment decisions . therefore , financial intermediaries placing or subsequently reselling the securities should be entitled to rely upon the initial prospectus published by the issuer or the offeror as long as this is valid and duly supplemented in accordance with articles 9 and 16 of directive 2003 / 71 / ec and the issuer or the offeror responsible for drawing up such prospectus consents to its use . the issuer or the offeror should be able to attach conditions to his or her consent . in the event that consent to use the prospectus has been given , the issuer or the offeror responsible for drawing up the initial prospectus should be liable for the information stated therein and no other prospectus should be required . where , notwithstanding such consent , the final terms of the resale prospectus have to be updated , the financial intermediary making use of the prospectus should be liable for the additional information stated in the prospectus , and for updating the final terms with the resale price . however , where the issuer or the offeror responsible for drawing up such initial prospectus does not consent to its use , the financial intermediary should be required to publish a new prospectus . where the financial intermediary chooses to use the initial prospectus without consent , the intermediary should be liable for the information stated in the initial prospectus .


### in order to improve the efficiency of cross border right issues and to adequately take into account the size of issuers , notably credit institutions issuing the securities mentioned in article 1 of directive 2003 / 71 / ec at or above the limit laid down in that article and companies with reduced market capitalization , a proportionate disclosure regime should be introduced for rights issues and for offers of shares of issuers with reduced market capitalization and offers of non - equity securities referred to in article 1 of directive 2003 / 71 / ec issued by credit institutions at or above the limit laid down in that article . ### in order to adequately take into account the size of issuers , notably credit institutions issuing the securities mentioned in article 1 of directive 2003 / 71 / ec at or above the limit laid down in that article and companies with reduced market capitalization , a proportionate disclosure regime should be introduced for offers of shares of issuers with reduced market capitalization and offers of non - equity securities referred to in article 1 of directive 2003 / 71 / ec issued by credit institutions at or above the limit laid down in that article .


### every significant new factor , material mistake or inaccuracy relating to the information included in the prospectus which is capable of affecting the assessment of the securities and which arises or is noted between the time when the prospectus is approved and the final closing of the offer to the public or , as the case may be , the time when trading on a regulated market begins , whichever occurs earlier , shall be mentioned in a supplement to the prospectus . such a supplement shall be approved in the same way in a maximum of seven working days and published in accordance with at least the same arrangements as were applied when the original prospectus was published . the summary , and any translations thereof , shall also be supplemented , if necessary to take into account the new information included in the supplement . ### every significant new factor , material mistake or inaccuracy relating to the information included in the prospectus which is capable of affecting the assessment of the securities and which arises or is noted between the time when the prospectus is approved and the final closing of the offering period or , as the case may be , the time when trading on a regulated market begins , whichever occurs earlier , shall be mentioned in a supplement to the prospectus . such a supplement shall be approved in the same way in a maximum of seven working days and published in accordance with at least the same arrangements as were applied when the original prospectus was published . the summary , and any translations thereof , shall also be supplemented , if necessary to take into account the new information included in the supplement .


### investors who have already agreed to purchase or subscribe for the securities before the supplement is published shall have the right , exercisable within two working days after the publication of the supplement , to withdraw their acceptances . this period may be extended by the issuer , the offeror or the person asking for the admission to trading on a regulated market . ### regarding an offer of securities to the public , investors who have already agreed to purchase or subscribe for the securities before the supplement is published shall have the right , exercisable within two working days after the publication of the supplement , to withdraw their acceptances , provided that the new factor , mistake or inaccuracy referred to in paragraph 1 did arise before the final closing of the offer to the public and the delivery of the securities . this period may be extended by the issuer or the offeror . the final date of the right of withdrawal shall be stated in the supplement .


### it is paramount to better integrate environmental concerns into the cfp which should deliver on the objectives and targets of the union ' s environmental policy and the europe 2020 strategy . the cfp is aimed at an exploitation of living marine biological resources that restores and maintains fish stocks at levels which can produce the maximum sustainable yield , not later than 2015 . the cfp shall implement the precautionary and eco - system approaches to fisheries management . consequently the emff should contribute to the protection of the marine environment as set out in the directive 2008 / 56 / ec of the european parliament and the council of 17 june 2008 establishing a framework for community action in the field of marine environmental policy . ### it is paramount to better integrate environmental concerns into the cfp which should deliver on the objectives and targets of the union ' s environmental policy and the europe 2020 strategy . the cfp is aimed at an exploitation of living marine biological resources that restores and maintains fish stocks at levels which can meet the target set with regard to the maximum sustainable yield , not later than 2020 . the cfp shall implement the precautionary and eco - system approaches to fisheries management . consequently the emff should contribute to the protection of the marine environment as set out in the directive 2008 / 56 / ec of the european parliament and the council of 17 june 2008 establishing a framework for community action in the field of marine environmental policy .