### member states shall ensure that corporate or legal entities established within their territory obtain and hold adequate , accurate and current information on their beneficial ownership . ### member states shall ensure that entities having legal personality , and all other similar , in terms of structure or function , existing or future legal arrangements established or incorporated within their territory , or governed under their law obtain , hold and transmit to a register adequate , accurate and current information on their beneficial ownership , at the moment of establishment or any changes thereof . the register shall contain the minimum information to clearly identify the beneficial owner . the requirements stipulated in this paragraph shall not exempt obliged entities from their customer due diligence obligations , and obliged entities shall not rely exclusively on this information as sufficient to fulfil these obligations .


### for providers of gambling services , when carrying out occasional transactions amounting to eur 2 000 or more , whether the transaction is carried out in a single operation or in several operations which appear to be linked ; ### for providers of gambling services , when carrying out occasional transactions whose individual value amounts to eur 2000 or more ;


### members of parliaments ; ### members of parliaments or similar legislative bodies ;


### the commission may lend such assistance as may be needed to facilitate coordination , including the exchange of information between fius within the union . it may regularly convene meetings with representatives from member states ' fius to facilitate co - operation and to exchange views on co - operation related issues . ### the commission shall lend such assistance as may be needed to facilitate coordination , including the exchange of information between fius within the union . it shall regularly convene meetings with representatives from member states ' fius to facilitate co - operation and to exchange views on co - operation related issues .


### identifying the beneficial owner and taking reasonable measures to verify his identity so that the institution or person covered by this directive is satisfied that it knows who the beneficial owner is , including , as regards legal persons , trusts and similar legal arrangements , taking reasonable measures to understand the ownership and control structure of the customer ; ### further to the identification of the beneficial owner as listed in a register pursuant to article 29 , taking reasonable measures to verify his identity so that the institution or person covered by this directive is satisfied that it knows who the beneficial owner is , including , as regards legal persons , trusts , foundations , mutuals , holdings and all other similar existing or future legal arrangements , taking all necessary measures to understand the ownership and control structure of the customer ;


### for providers of gambling services , when carrying out occasional transactions amounting to eur 2 000 or more , whether the transaction is carried out in a single operation or in several operations which appear to be linked ; ### for casinos , when carrying out occasional transactions amounting to eur 2 000 or more , whether the transaction is carried out in a single operation or in several operations which appear to be linked ; for on - line gambling when establishing the business relationship ; for other providers of gambling services , when paying out winnings of eur 3 000 or less ;


### for providers of gambling services , when carrying out occasional transactions amounting to eur 2 000 or more , whether the transaction is carried out in a single operation or in several operations which appear to be linked ; ### for providers of gambling services ;


### providers of gambling services ; ### casinos ; on - line gambling ; other providers of gambling services , regarding the payment of prizes ;


### the use of the gambling sector to launder the proceeds of criminal activity is of concern . in order to mitigate the risks related to the sector and to provide parity amongst the providers of gambling services , an obligation for all providers of gambling services to conduct customer due diligence for single transactions of eur 2 000 or more should be laid down . member states should consider applying this threshold to the collection of winnings as well as wagering a stake . providers of gambling services with physical premises should ensure that customer due diligence , if it is taken at the point of entry to the premises , can be linked to the transactions conducted by the customer on those premises . ### the use of the gambling sector to launder the proceeds of criminal activity is of concern . gambling services with high payout ratios are at particular risk of being used for money laundering purposes ; the risk is even greater where these gambling services also have a high event frequency , where the outcome is not entirely subject to chance , and where very high stakes can be played for in a short period of time . an obligation for all providers of gambling services to conduct regular , if not enhanced , customer due diligence for single transactions of eur 2 000 or more should therefore be laid down , in any event wherever the average payout ratio exceeds 90 % . state - owned providers of gambling services with low average payout ratios , in any event whenever this ratio does not exceed 55 % , shall meet the requirements regarding customer due diligence for payouts of eur 2 000 or more ; this provision shall be without prejudice to article 13 . gaming houses should ensure that customer due diligence , if it is taken at the point of entry to the premises , can be linked to the transactions conducted by the customer on those premises .


### member states shall ensure that competent authorities publish any sanction or measure imposed for breach of the national provisions adopted in the implementation of this directive without undue delay including information on the type and nature of the breach and the identity of persons responsible for it , unless such publication would seriously jeopardise the stability of financial markets . where publication would cause a disproportionate damage to the parties involved , competent authorities shall publish the sanctions on an anonymous basis . ### member states shall ensure that competent authorities publish any sanction or measure imposed for breach of the national provisions adopted in the implementation of this directive , if necessary and proportionate after a case by case evaluation , without undue delay including information on the type and nature of the breach and the identity of persons responsible for it . where publication would cause a disproportionate damage to the parties involved , competent authorities may publish the sanctions on an anonymous basis .


### member states shall ensure that the fiu has access , directly or indirectly , on a timely basis , to the financial , administrative and law enforcement information that it requires to properly fulfil its tasks . in addition , fius shall respond to requests for information by law enforcement authorities in their member state unless there are factual reasons to assume that the provision of such information would have a negative impact on ongoing investigations or analyses , or , in exceptional circumstances , where divulgation of the information would be clearly disproportionate to the legitimate interests of a natural or legal person or irrelevant with regard to the purposes for which it has been requested . ### member states shall ensure that the fiu has access , directly or indirectly , on a timely basis , to the financial , administrative and law enforcement information that it requires to properly fulfil its tasks . in addition , fius shall respond to requests for information by law enforcement authorities in their member state unless there are factual reasons to assume that the provision of such information would have a negative impact on ongoing investigations or analyses , or , in exceptional circumstances , where divulgation of the information would be clearly disproportionate to the legitimate interests of a natural or legal person or irrelevant with regard to the purposes for which it has been requested . when the fiu receives such a request , the decision to conduct analysis and / or dissemination of information to the requesting law enforcement authority should remain within the fiu .


### other natural or legal persons trading in goods , only to the extent that payments are made or received in cash in an amount of eur 7 500 or more , whether the transaction is executed in a single operation or in several operations which appear to be linked ; ### other natural or legal persons trading in goods or services , only to the extent that payments are made or received in cash in an amount of eur 7 500 or more , whether the transaction is executed in a single operation or in several operations which appear to be linked ;


### if there is any doubt that the person identified in point are the beneficial owner , the natural person who exercises control over the management of a legal entity through other means ; ### if there is any doubt that the person identified in point are the beneficial owner or if after having taken all the necessary measures no person can be found under point , the natural person who exercises control over the legal entity or its management through other means , which may include senior managing officials ;


### the use of the gambling sector to launder the proceeds of criminal activity is of concern . in order to mitigate the risks related to the sector and to provide parity amongst the providers of gambling services , an obligation for all providers of gambling services to conduct customer due diligence for single transactions of eur 2 000 or more should be laid down . member states should consider applying this threshold to the collection of winnings as well as wagering a stake . providers of gambling services with physical premises should ensure that customer due diligence , if it is taken at the point of entry to the premises , can be linked to the transactions conducted by the customer on those premises . ### the use of the gambling sector to launder the proceeds of criminal activity is of concern . in order to mitigate the risks related to the sector and to provide parity amongst the providers of gambling services , an obligation for all providers of gambling services to conduct customer due diligence for single transactions of eur 2 000 or more should be laid down . member states should consider applying this threshold to the collection of winnings as well as wagering a stake . providers of gambling services should ensure that customer due diligence , if it is taken at the point of entry can be linked to the transactions conducted by the customer .


### the use of the gambling sector to launder the proceeds of criminal activity is of concern . in order to mitigate the risks related to the sector and to provide parity amongst the providers of gambling services , an obligation for all providers of gambling services to conduct customer due diligence for single transactions of eur 2 000 or more should be laid down . member states should consider applying this threshold to the collection of winnings as well as wagering a stake . providers of gambling services with physical premises should ensure that customer due diligence , if it is taken at the point of entry to the premises , can be linked to the transactions conducted by the customer on those premises . ### the use of the gambling sector to launder the proceeds of criminal activity is a major issue in the preservation of public order , whatever types of games are involved . nevertheless , these games’ characteristics and the fact that they are particularly vulnerable to specific types of money laundering techniques must be taken into account . that is why specific appropriate procedures must be provided for each of the three categories of casinos , providers of online gambling services and other providers of gambling services .


### member states shall ensure that obliged entities have policies , controls and procedures to mitigate and manage effectively the money laundering and terrorist financing risks identified at union level , member state level , and at the level of obliged entities . policies , controls and procedures should be proportionate to the nature and size of those obliged entities . ### member states shall ensure that obliged entities have policies , controls and procedures to mitigate and manage effectively the money laundering and terrorist financing risks identified at union level , member state level , and at the level of obliged entities . policies , controls and procedures should be proportionate to the nature and size of those obliged entities and respect data protection rules .


### all member states have , or should , set up financial intelligence units to collect and analyse the information which they receive with the aim of establishing links between suspicious transactions and underlying criminal activity in order to prevent and combat money laundering and terrorist financing . suspicious transactions should be reported to the fius , which should serve as a national centre for receiving , analysing and disseminating to the competent authorities suspicious transaction reports and other information regarding potential money laundering or terrorist financing . this should not compel member states to change their existing reporting systems where the reporting is done through a public prosecutor or other law enforcement authorities , as long as the information is forwarded promptly and unfiltered to fius , allowing them to perform their tasks properly , including international cooperation with other fius . ### all member states have , or should , set up financial intelligence units to collect and analyse the information which they receive with the aim of establishing links between suspicious transactions and underlying criminal activity in order to prevent and combat money laundering and terrorist financing . suspicious transactions should be reported to the fius , which should serve as a national centre for receiving , analysing and disseminating to the competent authorities suspicious transaction reports and other information regarding potential money laundering or terrorist financing . this should not compel member states to change their existing reporting systems where the reporting is done through a public prosecutor or other law enforcement authorities , as long as the information is forwarded promptly and unfiltered to fius , allowing them to perform their tasks properly , including international cooperation with other fius . it is important that member states provide fius with the necessary resources to ensure their full operational capacity to deal with the current challenges posed by money laundering and terrorist financing , while respecting fundamental rights , including the right to privacy and data protection .


### conducting ongoing monitoring of the business relationship including scrutiny of transactions undertaken throughout the course of that relationship to ensure that the transactions being conducted are consistent with the institution ' s or person ' s knowledge of the customer , the business and risk profile , including , where necessary , the source of funds and ensuring that the documents , data or information held are kept up - to - date . ### conducting ongoing monitoring of the business relationship including scrutiny of transactions undertaken throughout the course of that relationship to ensure that the transactions being conducted are consistent with the institution ' s or person ' s knowledge of the customer , the business and risk profile , including the source of funds and ensuring that the documents , data or information held are kept up - to - date .


### member states shall ensure that corporate or legal entities established within their territory obtain and hold adequate , accurate and current information on their beneficial ownership . ### member states shall ensure that companies or any other legal person with a similar structure or function , trusts , foundations established or incorporated within their territory , or governed under their law , hold and transmit to a register adequate , accurate and current information on them and on their beneficial ownership , at the moment of establishment or any changes thereof ;


### in order to better understand and mitigate risks at european union level , member states should share the results of their risk assessments with each other , the commission and eba , eiopa and esma , where appropriate . ### in order to better understand and mitigate risks at european union level , the commission should share the results of the risk assessments with member states and eba , eiopa and esma , where appropriate .


### for parent undertakings of undertakings to be consolidated that together exceed an average number of 500 employees during the financial year , and , on their balance sheet dates , exceed either a balance sheet total of eur 20 million or a net turnover of eur 40 million , the review shall also include a non - financial statement containing information relating to at least environmental , social and employee matters , respect for human rights , anti - corruption and bribery matters , including the following : ### for parent undertakings of undertakings to be consolidated that together exceed an average number of 500 employees during the financial year , and , on their balance sheet dates , exceed either a balance sheet total of eur 20 million or a net turnover of eur 40 million and which have adopted a policy relating to environmental , social and employee matters , respect for human rights , anti - corruption and bribery matters , the review shall also include a non - financial statement containing information including :


### for companies whose average number of employees during the financial year exceeds 500 and , on their balance sheet dates , exceed either a balance sheet total of eur 20 million or a net turnover of eur 40 million , the review shall also include a non - financial statement containing information relating to at least environmental , social and employee matters , respect for human rights , anti - corruption and bribery matters , including : ### for companies whose average number of employees during the financial year exceeds 500 and , on their balance sheet dates , exceed either a balance sheet total of eur 20 million or a net turnover of eur 40 million and which have adopted a policy relating environmental , social and employee matters , respect for human rights , anti - corruption and bribery matters , the review shall also include a non - financial statement containing information including :


### the risks related to these matters and how the company manages those risks . ### the principal risks related to these matters and how the company manages those risks .


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


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


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


### the agency shall issue opinions at request of the national regulatory bodies referred to in article 55 of directive 2012 / 34 / eu [ directive establishing a single european rail area ] concerning safety - related and interoperability - related aspects of matters drawn to their attention . ### the agency shall issue opinions at the request of one or more national regulatory bodies referred to in article 55 of directive 2012 / 34 / eu [ directive establishing a single european rail area ] concerning safety - related and interoperability - related aspects of matters drawn to their attention .


### the agency shall issue single safety certificates in accordance with articles 10 and 11 of directive … [ the safety directive ] . ### in accordance with articles 10 and 11 of directive . . . [ the safety directive ] , the agency shall act as the appeals body in the event of a dispute concerning single safety certificates between the national safety authority of the member state in which the railway undertaking is established and the national safety authority of the member state in which the railway undertaking operates .


### the agency shall issue authorisations for placing on the market for railway vehicles in accordance with article 20 of directive … [ the interoperability directive ] . ### in accordance with article 20 of directive … [ the interoperability directive ] , the agency shall act as the appeals body in the event of a dispute concerning authorisations for placing on the market for railway vehicles between the national safety authority of the member state in which the railway undertaking is established and the national safety authority of the member state in which the railway undertaking operates .


### the national authorities responsible for issuing the licences and certificates referred to in points and of paragraph 2 shall notify the agency within one month of each individual decision to issue , renew , amend or revoke those licenses and certificates . ### the national authorities responsible for issuing the licences and certificates referred to in points and of paragraph 2 shall notify the agency within fifteen days of each individual decision to issue , renew , amend or revoke those licenses and certificates .


### in order to perform its tasks properly , the agency should have legal personality and an autonomous budget funded mainly through a contribution by the union and through fees and charges paid by applicants . in order to ensure independence in its daily management and in the opinions , recommendations and decisions which it issues , the agency’s organisation should be transparent , the executive director should have full responsibility . the agency’s staff should be independent and should represent an appropriate balance of short - term and long - term contracts , in order to maintain its organisational knowledge and business continuity while keeping necessary and on - going exchange of expertise with the railway sector . ### in order to perform its tasks properly , the agency should have legal personality and an autonomous budget funded mainly through a contribution by the union and through fees and charges paid by applicants . the eu contribution will need to be assessed and revised each time new powers are added which are not subject to fees or charges paid by applicants . in order to ensure independence in its daily management and in the opinions , recommendations and decisions which it issues , the agency’s organisation should be transparent , the executive director should have full responsibility . the agency ' s staff should be independent and should represent an appropriate balance of short - term and long - term contracts , in order to maintain its organisational knowledge and business continuity while keeping necessary and on - going exchange of expertise with the railway sector .


### the agency may carry out visits to the member states in order to perform its tasks , in particular those referred to in articles 12 , 21 , 22 , 16 , 17 , 27 , 29 , 30 , 31 and 38 , in accordance with the policy defined by the management board . ### the agency may carry out visits to the member states in order to perform its tasks , in particular those referred to in articles 12 , 21 , 22 , 16 , 17 , 18 , 27 , 28 , 29 , 30 , 31 , 33 and 38 , in accordance with the policy defined by the management board .


### the agency shall contribute to identifying potential railway spare parts to be standardised . to this end , the agency may establish a working party in order to coordinate the stakeholders’ activities and may establish contacts with the european standardisation bodies . the agency shall present the commission with appropriate recommendations . ### the agency shall contribute to identifying potential railway spare parts to be standardised . to this end , the agency shall establish a working party in order to coordinate the stakeholders’ activities and shall establish contacts with the european standardisation bodies . the agency shall present the commission with appropriate recommendations within two years after the entry into force of this regulation and shall submit the results of its work relating to spare parts to the commission in accordance with the procedure under article 75 .


### authorisations for placing in service of trackside control - command and signalling sub - systems ### authorisation for placing in service of trackside ertms


### the agency shall issue single safety certificates in accordance with articles 10 and 11 of directive … [ the safety directive ] . ### the accordance of the safety certificates with the existing national rules and regulations has to be proven und confirmed by the nsa . the era acts as a ' one - stop shop ' and as an intermediary between nsa and applicant . the era gives the final approval and issues the certificate in accordance with articles 10 and 11 of directive . . . [ the safety directive ] .


### the agency may assist the railway undertakings , at their request , in checking the technical and operational compatibility between ertms on - board and trackside subsystems before placing a vehicle in service . ### the agency shall assist the railway undertakings , at their request , in checking the technical and operational compatibility between ertms on - board and trackside subsystems before placing a vehicle in service .


### inform the commission about its negative assessment . ### inform the commission about its negative assessment and forward to it the recommendation addressed to the member state concerned .


### authorisations for placing in service of trackside control - command and signalling sub - systems ### authorisations for placing in service of a trackside ertms sub - system


### where after the examination referred to paragraph 1 the agency considers that national rules enable the essential requirements for interoperability to be fulfilled , csms to be respected and the csts to be achieved , and that they would not result in arbitrary discrimination or a disguised restriction on rail transport operation between member states , the agency shall inform the commission and the member state concerned about its positive assessment . the commission may validate the rule in the it system referred to in article 23 . ### where after examination and within the deadlines referred to in paragraph 1 the agency considers that national rules enable the essential requirements for interoperability to be fulfilled , csms to be respected and the csts to be achieved , and that they would not result in arbitrary discrimination or a disguised restriction on rail transport operation , the agency shall inform the commission and the member state concerned about its positive assessment . the commission may validate the rule in the it system referred to in article 23 .


### any natural or legal person may appeal against a decision addressed to that person by the agency pursuant to articles 12 , 16 , 17 and 18 . ### any natural or legal person , or a member of the network of representative bodies from the railway sector referred to in article 34 , may appeal against any decision addressed to them by the agency pursuant to articles 12 , 16 , 17 or 18 .


### any natural or legal person may appeal against a decision addressed to that person by the agency pursuant to articles 12 , 16 , 17 and 18 . ### any natural or legal person or organisation within the sector may appeal against any decision addressed to that person or organisation by the agency pursuant to articles 12 , 16 , 17 and 18 .


### the agency shall establish one or more boards of appeal . ### the agency shall establish one or more independent boards of appeal .


### the agency shall issue opinions at request of the national regulatory bodies referred to in article 55 of directive 2012 / 34 / eu [ directive establishing a single european rail area ] concerning safety - related and interoperability - related aspects of matters drawn to their attention . ### the agency shall issue opinions at the request of the national regulatory bodies referred to in article 55 of directive 2012 / 34 / eu [ directive establishing a single european rail area ] , or of a member of the sector as specified in article 34 , concerning safety - related and interoperability - related aspects of matters drawn to their attention .


### the agency shall issue authorisations for placing in service of the trackside control - command and signalling subsystems located or operated in the entire union in accordance with article 18 of directive … [ the interoperability directive ] . ### the agency is the decision making authority for trackside ertms in accordance with article 18 of directive . . . [ the interoperability directive ] .


### where after the examination referred to paragraph 1 the agency considers that national rules enable the essential requirements for interoperability to be fulfilled , csms to be respected and the csts to be achieved , and that they would not result in arbitrary discrimination or a disguised restriction on rail transport operation between member states , the agency shall inform the commission and the member state concerned about its positive assessment . the commission may validate the rule in the it system referred to in article 23 . ### where after examination referred to in paragraph 1 the agency considers that national rules enable the essential requirements for interoperability to be fulfilled , csms to be respected and the csts to be achieved , and that they would not result in arbitrary discrimination or a disguised restriction on rail transport operation , the agency shall inform the commission and the member state concerned about its positive assessment . the commission may validate the rule in the it system referred to in article 23 .


### the agency shall recommend the adoption of a new version of ertms technical specifications . however , it shall only do so when the previous version has been deployed at a sufficient rate . the development of new versions shall not be detrimental to the rate of deployment of the ertms , the stability of the specifications which is needed to optimise the production of ertms equipment , the return on investment for railway undertakings and efficient planning of the deployment of the ertms . ### the agency shall recommend the adoption of a new version of ertms technical specifications . however , it shall only do so when the previous version has been deployed at a sufficient rate . the development of new versions shall not be detrimental to the rate of deployment of the ertms , the stability of the specifications which is needed to optimise the production of ertms equipment , the return on investment for railway undertakings and keepers and efficient planning of the deployment of the ertms .


### the agency shall contribute to identifying potential railway spare parts to be standardised . to this end , the agency may establish a working party in order to coordinate the stakeholders ' activities and may establish contacts with the european standardisation bodies . the agency shall present the commission with appropriate recommendations . ### the agency shall contribute to identifying potential railway spare parts to be standardised . to this end , the agency shall establish a working party in order to coordinate the stakeholders ' activities and shall establish contacts with the european standardisation bodies . the agency shall present the commission with appropriate recommendations two years after the entry into force of this regulation .


### the agency shall issue audit reports covering the activities referred to in paragraph 3 and send them to the notified conformity assessment body concerned and to the commission . each audit report shall include , in particular , any deficiencies identified by the agency and recommendations for improvement . if the agency considers that these deficiencies prevent the notified body concerned from effectively performing its tasks in relation to railway safety and interoperability , the agency shall adopt a recommendation requesting the member state in which that notified body is established to take appropriate steps within a time limit . ### the agency shall issue audit reports covering the activities referred to in paragraph 3 and send them to the notified conformity assessment body concerned and to the commission . each audit report shall include , in particular , any deficiencies identified by the agency and recommendations for improvement . if the agency considers that these deficiencies prevent the notified body concerned from effectively performing its tasks in relation to railway safety and interoperability , the agency shall adopt a recommendation requesting the member state in which that notified body is established to take appropriate steps within a time limit set by the agency .


### member states shall provide the agency with the data necessary for the impact assessment . ### member states and stakeholders shall provide the agency , as required and at its request , with the data necessary for the impact assessment .


### the term of office of the members and alternates of a board of appeal shall be four years and may be renewed . ### the term of office of the members and alternates of a board of appeal shall be four years and may be renewed once .


### address recommendations to member states concerning the application of articles 21 , 22 and 30 ; ### address recommendations to member states concerning the application of articles 21 , 22 and 30 and to the national safety authorities concerning the application of article 29 ;


### the agency shall issue recommendations to the commission on the common safety methods and the common safety targets provided for in articles 6 and 7 of directive &#8230 ; [ the railway safety directive ] . the agency shall also issue recommendations on periodic revision of csms and csts&#160 ; to the commission . ### the agency shall issue recommendations to the commission on the common safety methods , the common safety indicators and the common safety targets provided for in articles 6 and 7 of directive &#8230 ; [ the railway safety directive ] . the agency shall also issue recommendations on periodic revision of csms and csts&#160 ; to the commission .


### the agency should contribute to the creation and effective functioning of a single european railway area without frontiers and guaranteeing a high level of safety while improving the competitive position of the railway sector . that should be attained by contributing , on technical matters , to the implementation of european union legislation by enhancing the level of interoperability of railway systems and to developing a common approach to safety on the european railway system . the agency should also perform the role of european authority responsible for issuing authorisations for placing on the market for railway vehicles and for types of vehicles , safety certificates for railway undertakings and authorisations for placing in service of trackside control - command and signalling sub - systems . moreover , it should monitor national railway rules and the performance of national authorities acting in the railway interoperability and safety fields . ### the agency should contribute to the creation and effective functioning of a single european railway area without frontiers and guaranteeing a high level of safety while improving the competitive position of the railway sector . that should be attained by contributing , on technical matters , to the implementation of european union legislation by enhancing the level of interoperability of railway systems and to developing a common approach to safety on the european railway system . the agency should also perform the role of european authority responsible for issuing , at union level , authorisations for placing railway vehicles on the market and for types of vehicles , safety certificates for railway undertakings and authorisations for placing in service of trackside control - command and signalling sub - systems located or operated throughout the union . moreover , it should monitor national railway rules and the performance of national authorities acting in the railway interoperability and safety fields .


### in order to ensure open choice for customers and fair competition , as well as encourage innovation and boost the competitiveness of the union’s information technology industry on the global market , the ecall in - vehicle system should be accessible free of charge and without discrimination to all independent operators and based on an interoperable and open - access platform for possible future in - vehicle applications or services . ### in order to ensure open choice for customers and fair competition , as well as encourage innovation and boost the competitiveness of the union ' s information technology industry on the global market , the ecall in - vehicle system should be accessible free of charge and without discrimination to all independent operators .


### the mandatory equipping of vehicles with the ecall in - vehicle system should initially apply only to new passenger cars and light commercial vehicles for which an appropriate triggering mechanism already exists . ### the mandatory equipping of vehicles with the 112 - based ecall in - vehicle system should initially apply only to new types of passenger cars and light commercial vehicles for which an appropriate triggering mechanism already exists . the equipping of existing types of vehicles to be manufactured after october 2015 with the 112 - based ecall in - vehicle system should be done as soon as possible . the commission should carry out further research and an impact assessment on the opportunity to equip other vehicle categories , such as heavy goods vehicles , buses and coaches , powered two - wheelers , and agricultural tractors in due time with the 112 - based ecall in - vehicle system , with a view to presenting a legislative proposal .


### according to the recommendations made by the article 29 data protection working party and contained in the ' working document on data protection and privacy implications in ecall initiative ' , adopted on 26 september 20069 , any processing of personal data through the ecall in - vehicle system should comply with the personal data protection rules provided for in directive 95 / 46 / ec of the european parliament and of the council of 24 october 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data10 and in directive 2002 / 58 / ec of the european parliament and of the council of 12 july 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector 11 , in particular to guarantee that vehicles equipped with ecall in - vehicle systems , in their normal operational status related to 112 ecall , are not traceable and are not subject to any constant tracking and that the minimum set of data sent by the in - vehicle ecall system includes the minimum information required for the appropriate handling of emergency calls . __________________ 9 1609 / 06 / en – wp 125 . 10 oj l 281 , 23 . 11 . 1995 , p . 31 . 11 oj l 201 , 31 . 7 . 2002 , p . 37 . ### according to the recommendations made by the article 29 data protection working party and contained in the ' working document on data protection and privacy implications in ecall initiative ' , adopted on 26 september 20069 , any processing of personal data through the ecall in - vehicle system should comply with the personal data protection rules provided for in directive 95 / 46 / ec of the european parliament and of the council of 24 october 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data10 and in directive 2002 / 58 / ec of the european parliament and of the council of 12 july 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector , in particular to guarantee that vehicles equipped with ecall in - vehicle systems , in their normal operational status related to 112 ecall , are not traceable and are not subject to any constant tracking and that the minimum set of data sent by the in - vehicle ecall system includes the minimum information required for the handling of emergency calls by public service answering points . __________________ 9 1609 / 06 / en – wp 125 . 10 oj l 281 , 23 . 11 . 1995 , p . 31 . 11 oj l 201 , 31 . 7 . 2002 , p . 37 .


### in order to ensure open choice for customers and fair competition , as well as encourage innovation and boost the competitiveness of the union ' s information technology industry on the global market , the ecall in - vehicle system should be accessible free of charge and without discrimination to all independent operators and based on an interoperable and open - access platform for possible future in - vehicle applications or services . ### in order to ensure open choice for customers and fair competition , as well as encourage innovation and boost the competitiveness of the union ' s information technology industry on the global market , all elements the ecall in - vehicle system should be accessible for repair and maintenance purposes in accordance with existing legislation the commission should put forward , without delay , based on consultations with all stakeholders , a legislative proposal regarding the ancillary services and a standardised open access interoperable telematics platform which could be developed for possible future in - vehicle applications or services . to adapt the way of accessing vehicle repair and maintenance information to technical progress there is an urgent need to work towards an agreement on the technical in - vehicle system requirements and to update the existing european legislation accordingly . to this aim , the commission should provide specifications and update the list of priority actions included in the directive 2010 / 40 / eu of the european parliament and the council8a . further clarifications should be provided on the conditions under which third parties providing added value services can have access to data stored in the in - vehicle system . _________________ 8a directive 2010 / 40 / eu of the european parliament and the council of 7 july 2010 on the framework for the deployment of intelligent transport systems in the field of road transport and for interfaces with other modes of transport .


### the commission shall be empowered to adopt delegated acts in accordance with article 9 which shall define further the requirement of the absence of traceability and tracking and the privacy enhancing technologies referred to in paragraph 1 as well as the modalities of the private data processing and of the user information referred to in paragraph 3 . ### the commission shall be empowered to adopt delegated acts in accordance with article 9 which shall define further the requirement of the absence of traceability and tracking and the privacy enhancing technologies referred to in paragraph 1 for the ecall function as well as the modalities of the private data processing and of the user information referred to in paragraph 3 for the ecall function . in the event of the provision of additional services , the service provider shall be subject to directive 95 / 46 / ec .


### in order to ensure open choice for customers and fair competition , as well as encourage innovation and boost the competitiveness of the union ' s information technology industry on the global market , the ecall in - vehicle system should be accessible free of charge and without discrimination to all independent operators and based on an interoperable and open - access platform for possible future in - vehicle applications or services . ### in order to ensure open choice for customers and fair competition , as well as encourage innovation and boost competitiveness of the union ' s information technology industry on the global market , the ecall in - vehicle system should be accessible free of charge and without discrimination to all independent operators and based on an interoperable , standardised and open - access platform for possible future in - vehicle applications or services .


### ' e - call in - vehicle system ' means a system activated either automatically via in - vehicle sensors or manually , which carries , by means of mobile wireless communications networks , a standardised minimum set of data and establishes a 112 - based audio channel between the occupants of the vehicle and a public safety answering point ; ### ' 112 - based ecall in - vehicle system ' or ' public ecall ' means a sleeping system activated either automatically via in - vehicle sensors or manually , which carries , by means of public mobile wireless communications networks , a standardised minimum set of data and establishes a 112 - based audio channel between the occupants of the vehicle and a public safety answering point ;


### ' e - call in - vehicle system ' means a system activated either automatically via in - vehicle sensors or manually , which carries , by means of mobile wireless communications networks , a standardised minimum set of data and establishes a 112 - based audio channel between the occupants of the vehicle and a public safety answering point ; ### ' ecall in - vehicle system ' means an emergency system , composed of the in - vehicle equipment and the means to trigger manage and effect the ecall transmission , that is activated either automatically via in - vehicle sensors or manually , and which emits signals by means of mobile wireless communications networks in order to enable the transmission of a standardised minimum set of data , and to establish a 112 - based or a third party services supported ecall based audio channel between the occupants of the vehicle and a public safety answering point ;


### manufacturers shall demonstrate that all their new types of vehicle are constructed to ensure that in the event of a severe accident which occurs in the territory of the union , an ecall to the single european emergency number 112 is triggered automatically . ### manufacturers shall demonstrate that all their new types of vehicle are constructed to ensure that in the event of a severe accident , detected by activation of one or more sensors and / or processors within the vehicle , which occurs in the territory of the union , an ecall to the emergency number 112 is triggered automatically .


### according to the recommendations made by the article 29 data protection working party and contained in the ' working document on data protection and privacy implications in ecall initiative ' , adopted on 26 september 20069 , any processing of personal data through the ecall in - vehicle system should comply with the personal data protection rules provided for in directive 95 / 46 / ec of the european parliament and of the council of 24 october 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data10 and in directive 2002 / 58 / ec of the european parliament and of the council of 12 july 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector 11 in particular to guarantee that vehicles equipped with ecall in - vehicle systems , in their normal operational status related to 112 ecall , are not traceable and are not subject to any constant tracking and that the minimum set of data sent by the in - vehicle ecall system includes the minimum information required for the appropriate handling of emergency calls . ________________ 9 1609 / 06 / en – wp 125 10 oj l 281 , 23 . 11 . 1995 , p . 31 . 11 oj l 201 , 31 . 7 . 2002 , p . 37 . ### directive 95 / 46 / ec of the european parliament and of the council of 24 october 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data10 and directive 2002 / 58 / ec of the european parliament and of the council of 12 july 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector 11 , and articles 7 and 8 of the charter of fundamental rights of the european union govern the processing of personal data carried out in the context of this regulation through the ecall in - vehicle system , and under the supervision of the member states ' competent authorities , in particular the independent public authorities designated by the member states pursuant to those directives . it shall be guaranteed that vehicles equipped with ecall in - vehicle systems , in their normal operational status related to 112 ecall , are not traceable and are not subject to any constant tracking , that their personal data is not stored , and that the minimum set of data sent by the in - vehicle ecall system includes the minimum information required for the appropriate handling of emergency calls . given the consent of the data subject or a contract between both parties , other conditions for another emergency call system installed in the vehicle in addition to the ecall in - vehicle system may apply , but it shall nevertheless comply with those directives . ________________ 10 oj l 281 , 23 . 11 . 1995 , p . 31 . 11 oj l 201 , 31 . 7 . 2002 , p . 37 .


### in order to ensure open choice for customers and fair competition , as well as encourage innovation and boost the competitiveness of the union’s information technology industry on the global market , the ecall in - vehicle system should be accessible free of charge and without discrimination to all independent operators and based on an interoperable and open - access platform for possible future in - vehicle applications or services . ### in order to ensure open choice for customers and fair competition , as well as encourage innovation and boost the competitiveness of the union ' s information technology industry on the global market , the ecall in - vehicle system should be accessible free of charge and without discrimination to all independent operators and based on an interoperable and open - access platform taking due account of existing in - vehicle systems for possible future in - vehicle applications or services .


### the provision of accurate and reliable positioning information is an essential element of the effective operation of the ecall in - vehicle system . therefore , it is appropriate to require its compatibility with the services provided by satellite navigation programmes , including the systems established under the galileo and egnos programmes set out in regulation no 683 / 2008 of the european parliament and of the council of 9 july 2008 on the further implementation of the european satellite navigation programmes 8 . __________________ 8 oj l 196 , 24 . 7 . 2008 , p . 1 . ### the provision of accurate and reliable positioning information is an essential element of the effective operation of the ecall in - vehicle system . therefore , it is appropriate to require its compatibility with the services provided by satellite navigation programmes , when these services are operational , including the systems established under the galileo and egnos programmes set out in regulation no 683 / 2008 of the european parliament and of the council of 9 july 2008 on the further implementation of the european satellite navigation programmes 8 . __________________ 8 oj l 196 , 24 . 7 . 2008 , p . 1 .


### with effect from 1 october 2015 , national authorities shall only grant ec type - approval in respect of the ecall in - vehicle system to new types of vehicles which comply with this regulation and the delegated acts adopted pursuant to this regulation . ### with effect from 1 october 2015 , national authorities shall only grant ec type - approval in respect of the ecall in - vehicle system and interoperability , standardised and open access of in - vehicle system to new types of vehicles which comply with this regulation and the delegated acts adopted pursuant to this regulation provided that , by 1 april 2014 : the delegated acts and the standards referred to in article 5 have entered into force ; and the positioning services referred to in article 5 have their initial operational capability ready .


### the ecall in - vehicle system shall be accessible to all independent operators free of charge and without discrimination at least for repair and maintenance purposes . ### the ecall in - vehicle system shall be accessible to all independent operators free of charge and without discrimination for repair and maintenance purposes .


### the minimum set of data sent by the ecall in - vehicle system shall include only the minimum information required for the appropriate handling of emergency calls . ### the minimum set of data sent by the ecall in - vehicle system shall include only the information defined by the standard ' road transport and traffic telematics — esafety — ecall minimum set of data ' which is sent to the ecall psap .


### the commission should be empowered to adopt delegated acts in accordance with article 290 of the treaty on the functioning of the european union in respect of the governance , management , operation , representation and funding of the electronic network , the conditions for countries outside the european economic area to participate in the electronic network , the minimum security standards , the use of a unique identifier , the languages used by the electronic network , the method of transmitting information between the registers ensuring cross - border access to information , the interoperability of the information and communication technologies used by the members of the electronic network , the definition of standards on format , substance and limits for storing and retrieving the documents and particulars that enables automated data exchange , the consequences of non - compliance , the method of identifying the link between a company and its foreign branch , the method of and the technical standards for the transmission of information between the register of the company and the register of the branch , the technical standards for the transmission of information between the registers and the standard forms of notification of the cross - border merger to be used by the registers . the governance of the network should comprise a feedback mechanism for users so that their needs can be taken into account . it is necessary that the powers are delegated to the commission for an indeterminate time , in order to allow the rules to be adjusted , if needed . ### certain non - essential elements should supplement this directive in order to further determine the content of the obligations laid down by it . the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission in respect of the measures ensuring the minimum security standards for the communication and distribution of information , the specification defining the methods of exchange of information between the register of the company and the register of the branch , the specification defining the structure and use of the unique identifier for communication between registers , the specification defining the methods of operation of the system of interconnection of registers as regards the distribution and exchange of information and services provided by the platform , ensuring the delivery of messages in the appropriate language version , the conditions for participation by third countries in the system of interconnection of registers , and rules on levying fees for the use of the system of the interconnection of registers and specifications concerning the modalities of electronic payments . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level . the commission , when preparing and drawing up delegated acts , should ensure a simultaneous , timely and appropriate transmission of relevant documents to the european parliament and to the council .


### cross - border access to business information can only be improved if all member states engage in building an electronic network of registers and transmit information to business information users in a standardised way all over the union . the users should be able to access information through a single european electronic platform that forms part of the electronic network . ### cross - border access to business information can only be improved if all member states engage in enabling electronic communication between registers and transmitting information to individual users in a standardised way , by means of identical content and interoperable technologies , throughout the union . the interoperability of registers should be ensured through the delivery by member states of information from their registers , and by providing services which will constitute interfaces to the european central platform . this platform is to be made up of a centralised set of web services , used by all domestic registers , the european e - justice portal as the single european electronic access point and optional access points established by the member states . on the basis of unique identifiers used for communication between registers , the function of the platform should be to distribute information from each of the member states’ registers to the competent registers of other member states in standard message format and the appropriate language version . the platform should provide services constituting an interface to the european e - justice portal and other access points established by the member states .


### the method of identifying the link between a company and its branch ; ### the method of forming the identification number for the purpose of identifying the link between a company and its branch ;


### the register of the branch shall notify , without delay , through the electronic network referred to in article 4a of directive 2009 / 101 / ec of the european parliament and of the council , the register of the company of any changes in the documents and particulars listed in article 2 of this directive . 2 . member states shall determine the legal procedure to be followed on receipt of the notifications referred to in paragraph 1 of this article and in article 4a of directive 2009 / 101 / ec . such procedures shall ensure that branches of companies that have been dissolved or otherwise removed from the register are closed without undue delay . 3 . the commission shall adopt delegated acts in accordance with article 11a and subject to the conditions of articles 11b and 11c specifying the following : the method of identifying the link between a company and its branch ; b ) the method of and the technical standards for the transmission of information between the register of the company and the register of the branch . ### the register of the company shall , through the system of interconnection of central , commercial and companies registers established pursuant to article 4b of directive 2009 / 101 / ec , make available , without delay , the information on the opening and termination of any proceedings for the winding - up or insolvency of the company . the register of the branch shall , through that system , ensure the receipt , without delay , of that information . the exchange of information referred to in the first and second subparagraphs shall be free of charge for the registers . 2 . member states shall determine the procedure to be followed on receipt of the information referred to in the first and second subparagraphs of paragraph 1 . such procedures shall ensure that entries in respect of branches of companies that have been dissolved or otherwise removed from the register are removed from the register without undue delay .


### article 13 the law of each of the member states to whose jurisdiction the merging companies were subject shall determine , with respect to the territory of that state , the arrangements , in accordance with article 3 of directive 2009 / 101 / ec of the european parliament and of the council , for publicising completion of the cross - border merger in the public register in which each of the companies is required to file documents . the registry for the registration of the company resulting from the cross - border merger shall notify , without delay , through the electronic network referred to in article 4a of directive 2009 / 101 / ec , the registry in which each of the companies was required to file documents that the cross - border merger has taken effect . deletion of the old registration , if applicable , shall be effected on receipt of that notification , but not before . 2 . the commission shall adopt delegated acts in accordance with article 17a and subject to the conditions of articles 17b and 17c specifying the following : the technical standards for the transmission of information between the registries ; b ) the standard forms of notification of the cross - border merger to be used . ### article 13 registration the law of each of the member states to whose jurisdiction the merging companies were subject shall determine , with respect to the territory of that state , the arrangements , in accordance with article 3 of directive 2009 / 101 / ec of the european parliament and of the council , for publicising completion of the cross - border merger in the public register in which each of the companies is required to file documents . the registry for the registration of the company resulting from the cross - border merger shall notify , through the system of interconnection of central , commercial and companies registers established pursuant to article 4b of directive 2009 / 101 / ec and without delay , the registry in which each of the companies was required to file documents that the cross - border merger has taken effect . deletion of the old registration , if applicable , shall be effected on receipt of that notification , but not before .


### in the situation referred to in paragraph 1 of this article , the indirect purchaser shall be deemed to have proven that a passing - on to him occurred where he has shown that : ### in the situation referred to in paragraph 1 of this article , the indirect purchaser shall prove that a passing - on to him occurred where he has shown that at least :


### undertakings which cooperate with competition authorities under a leniency programme play a key role in detecting secret cartel infringements and in bringing these infringements to an end , thereby often mitigating the harm which could have been caused had the infringement continued . it is therefore appropriate to make provision for undertakings which have received immunity from fines from a competition authority under a leniency programme to be protected from undue exposure to damages claims , bearing in mind that the decision of the competition authority finding the infringement may become final for the immunity recipient before it becomes final for other undertakings which have not received immunity . it is therefore appropriate that the immunity recipient is relieved in principle from joint and several liability for the entire harm and that its contribution does not exceed the amount of harm caused to his own direct or indirect purchasers or , in case of a buying cartel , his direct or indirect providers . to the extent a cartel has caused harm to others than the customers / providers of the infringing undertakings , the contribution of the immunity recipient should not exceed his relative responsibility for the harm caused by the cartel . this share should be determined in accordance with the same rules used to determine the contributions among infringing undertakings above ) . the immunity recipient should remain fully liable to the injured parties other than his direct or indirect purchasers or providers only where they are unable to obtain full compensation from the other infringing undertakings . ### undertakings which cooperate with competition authorities under a leniency programme play a key role in detecting secret cartel infringements and in bringing these infringements to an end , thereby often mitigating the harm which could have been caused had the infringement continued . to the extent a cartel has caused harm to others than the customers / providers of the infringing undertakings , the contribution of the immunity recipient should not exceed his relative responsibility for the harm caused by the cartel . this share should be determined in accordance with the same rules used to determine the contributions among infringing undertakings above ) . the immunity recipient should remain fully liable to the injured parties other than his direct or indirect purchasers or providers only where they are unable to obtain full compensation from the other infringing undertakings .


### member states shall ensure that the limitation period shall not begin to run before an injured party knows , or can reasonably be expected to have knowledge of : ### member states shall ensure that the limitation period shall not begin to run before the infringement has ceased an injured party knows , or can reasonably be expected to have knowledge of :


### member states shall ensure that , for the purpose of actions for damages , national courts cannot at any time order a party or a third party to disclose any of the following categories of evidence : ### member states shall ensure that , for the purpose of actions for damages , national courts shall in general not order a competition authority to disclose any of the following categories of evidence :


### disclosure of evidence in the file of a competition authority that does not fall into any of the categories listed in paragraphs 1 or 2 of this article may be ordered in actions for damages at any time . ### member states shall ensure that national courts may order the disclosure of specified parts of that evidence or categories thereof , circumscribed as precisely and as narrowly as possible on the basis of reasonably available facts .


### evidence is an important element for bringing actions for damages for infringement of national or union competition law . however , as antitrust litigation is characterised by an information asymmetry , it is appropriate to ensure that injured parties are afforded the right to obtain the disclosure of evidence relevant to their claim , without it being necessary for them to specify individual items of evidence . in order to ensure equality of arms , those means should also be available to defendants in actions for damages , so that they can request the disclosure of evidence by those injured parties . national courts can also order evidence to be disclosed by third parties . where the national court wishes to order disclosure of evidence by the commission , the principle of sincere cooperation between the european union and the member states teu ) and article 15 of regulation no 1 / 2003 as regards requests for information are applicable . ### evidence is an important element for bringing actions for damages for infringement of national or union competition law . however , as antitrust litigation is characterised by an information asymmetry , it is appropriate to ensure that injured parties are afforded the right to obtain the disclosure of evidence relevant to their claim . in order to ensure equality of arms , those means should also be available to defendants in actions for damages , so that they can request the disclosure of evidence by those injured parties . national courts can also order evidence to be disclosed by third parties . where the national court wishes to order disclosure of evidence by the commission , the principle of sincere cooperation between the european union and the member states teu ) and article 15 of regulation no 1 / 2003 as regards requests for information are applicable . however , national courts should take due account of any abuse of rights relating to the disclosure of evidence , and information obtained pursuant thereto when assessing the admissibility of a claim .


### member states shall ensure that , for the purpose of actions for damages , national courts cannot at any time order a party or a third party to disclose any of the following categories of evidence : ### member states shall ensure that , for the purpose of actions for damages , national courts cannot , in principle , order a party or a third party to disclose leniency statements or any other document containing self - incriminating evidence disclosed by the applicant for leniency . however , where a claimant has presented reasonably available facts and evidence sufficient to support plausibly that he , or those he represents , has suffered harm caused by the defendant ' s infringement of the competition rules and that the leniency statement or any other document containing self - incriminating evidence disclosed by the applicant for leniency applicant is indispensable to supporting their claim and contains evidence that cannot be otherwise provided , national courts may order the defendant or a third party to disclose evidence , regardless of whether or not that evidence is also included in the file of the competition authority , subject to the conditions set out in this chapter . member states shall ensure that national courts are also able to order the claimant or a third party to disclose evidence on request of the defendant . this provision shall be without prejudice to the rights and obligations of national courts under council regulation no 1206 / 2001 .


### member states shall ensure that , for the purpose of actions for damages , national courts cannot at any time order a party or a third party to disclose any of the following categories of evidence : ### member states shall ensure that , for the purpose of actions for damages , national courts cannot , in principle , order a party or a third party to disclose leniency statements or any other document disclosed for the purposes of participating in a leniency programme or in a settlement procedure by the applicant for leniency and submitted to a competition authority or drawn up by the competition authority during its proceedings . however , where a claimant has presented reasonably available facts and evidence sufficient to support plausibly that he , or those he represents , has suffered harm caused by the defendant ' s infringement of the competition rules and that the leniency statement or any other document disclosed for the purposes of participating in a leniency programme or in a settlement procedure by the applicant for leniency and submitted to a competition authority or drawn up by the competition authority during its proceedings is indispensable to supporting their claim and contains evidence that cannot be otherwise provided , national courts may order the defendant or a third party to disclose evidence , regardless of whether or not that evidence is also included in the file of the competition authority , subject to the conditions set out in this chapter . member states shall ensure that national courts are also able to order the claimant or a third party to disclose evidence on request of the defendant . this provision is without prejudice to the rights and obligations of national courts under council regulation no 1206 / 2001 .


### relevant evidence should be disclosed upon decision of the court and under its strict control , especially as regards the necessity and proportionality of the disclosure measure . it follows from the requirement of proportionality that disclosure requests can only be triggered once an injured party has made it plausible , on the basis of facts which are reasonably available to him , that the party has suffered harm that was caused by the defendant . the request for disclosure should refer to categories of evidence which are as precise and narrow as possible on the basis of reasonably available facts . ### relevant evidence should be disclosed upon decision of the court and under its strict control , especially as regards the necessity and proportionality of the disclosure measure . it follows from the requirement of proportionality that disclosure requests can only be triggered once an injured party has made it plausible , on the basis of facts which are reasonably available to him , that the party has suffered harm that was caused by the defendant .


### undertakings which cooperate with competition authorities under a leniency programme play a key role in detecting secret cartel infringements and in bringing these infringements to an end , thereby often mitigating the harm which could have been caused had the infringement continued . it is therefore appropriate to make provision for undertakings which have received immunity from fines from a competition authority under a leniency programme to be protected from undue exposure to damages claims , bearing in mind that the decision of the competition authority finding the infringement may become final for the immunity recipient before it becomes final for other undertakings which have not received immunity . it is therefore appropriate that the immunity recipient is relieved in principle from joint and several liability for the entire harm and that its contribution does not exceed the amount of harm caused to his own direct or indirect purchasers or , in case of a buying cartel , his direct or indirect providers . to the extent a cartel has caused harm to others than the customers / providers of the infringing undertakings , the contribution of the immunity recipient should not exceed his relative responsibility for the harm caused by the cartel . this share should be determined in accordance with the same rules used to determine the contributions among infringing undertakings above ) . the immunity recipient should remain fully liable to the injured parties other than his direct or indirect purchasers or providers only where they are unable to obtain full compensation from the other infringing undertakings . ### undertakings which cooperate with competition authorities under a leniency programme play a key role in detecting anticompetitive agreements , decisions or practices and in bringing these infringements to an end , thereby often mitigating the harm which could have been caused had the infringement continued . it is therefore appropriate to make provision for undertakings which have received immunity from fines from a competition authority under a leniency programme to be protected from undue exposure to damages claims , bearing in mind that the decision of the competition authority finding the infringement may become final for the immunity recipient before it becomes final for other undertakings which have not received immunity . it is therefore appropriate that the immunity recipient ' s contribution does not exceed the amount of harm caused to his own direct or indirect purchasers or , in case of a buying cartel , his direct or indirect providers . to the extent a cartel has caused harm to others than the customers / providers of the infringing undertakings , the contribution of the immunity recipient should not exceed his relative responsibility for the harm caused by the cartel . this share should be determined in accordance with the same rules used to determine the contributions among infringing undertakings above ) .


### leniency programmes and settlement procedures are important tools for the public enforcement of union competition law as they contribute to the detection , efficient prosecution and sanctioning of the most serious competition law infringements . undertakings may be deterred from co - operating in this context if disclosure of documents they solely produce to this end were to expose them to civil liability under worse conditions than the co - infringers that do not co - operate with competition authorities . to ensure that undertakings are willing to produce voluntary statements acknowledging their participation in an infringement of union or national competition law to a competition authority under a leniency programme or a settlement procedure , such statements should be excepted from disclosure of evidence . ### leniency programmes and settlement procedures are important tools for the public enforcement of union competition law as they contribute to the detection , efficient prosecution and sanctioning of the most serious competition law infringements . undertakings may be deterred from co - operating in this context if disclosure of documents they solely produce to this end were to expose them to civil liability under worse conditions than the co - infringers that do not co - operate with competition authorities . to ensure that undertakings are willing to produce voluntary statements acknowledging their participation in an infringement of union or national competition law to a competition authority under a leniency programme or a settlement procedure , courts should assess whether such statements should be excepted from disclosure of evidence .


### member states shall ensure that national courts limit disclosure of evidence to that which is proportionate . in determining whether any disclosure requested by a party is proportionate , national courts shall consider the legitimate interests of all parties and third parties concerned . they shall , in particular , consider : ### member states shall ensure that national courts limit disclosure of evidence to that which is proportionate and which relates to an action for damages in the union . in determining whether any disclosure requested by a party is proportionate , national courts shall consider the public interests involved and the legitimate interests of all private parties concerned . they shall , in particular , consider :


### article 5 disclosure of evidence member states shall ensure that , where a claimant has presented reasonably available facts and evidence showing plausible grounds for suspecting that he , or those he represents , has suffered harm caused by the defendant ' s infringement of competition law , national courts can order the defendant or a third party to disclose evidence , regardless of whether or not this evidence is also included in the file of a competition authority , subject to the conditions set out in this chapter . member states shall ensure that courts are also able to order the claimant or a third party to disclose evidence on request of the defendant . this provision is without prejudice to the rights and obligations of national courts under council regulation no 1206 / 2001 . 2 . member states shall ensure that national courts order the disclosure of evidence referred to in paragraph 1 where the party requesting disclosure has shown that evidence in the control of the other party or a third party is relevant in terms of substantiating his claim or defence ; and specified either pieces of this evidence or categories of this evidence defined as precisely and narrowly as he can on the basis of reasonably available facts . 3 . member states shall ensure that national courts limit disclosure of evidence to that which is proportionate . in determining whether any disclosure requested by a party is proportionate , national courts shall consider the legitimate interests of all parties and third parties concerned . they shall , in particular , consider : the likelihood that the alleged infringement of competition law occurred ; the scope and cost of disclosure , especially for any third parties concerned ; whether the evidence to be disclosed contains confidential information , especially concerning any third parties , and the arrangements for protecting such confidential information ; and in cases where the infringement is being or has been investigated by a competition authority , whether the request has been formulated specifically with regard to the nature , object or content of such documents rather than by a non - specific request concerning documents submitted to a competition authority or held in the file of such competition authority . 4 . member states shall ensure that national courts have at their disposal effective measures to protect confidential information from improper use to the greatest extent possible whilst also ensuring that relevant evidence containing such information is available in the action for damages . 5 . member states shall take the necessary measures to give full effect to legal privileges and other rights not to be compelled to disclose evidence . 6 . member states shall ensure that , to the extent that their courts have powers to order disclosure without hearing the person from whom disclosure is sought , no penalty for non - compliance with such an order may be imposed until the addressee of such an order has been heard by the court . 7 . evidence shall include all types of evidence admissible before the national court seised , in particular documents and all other objects containing information , irrespective of the medium on which the information is stored . 8 . without prejudice to the obligation laid down in paragraph 4 and the limits laid down in article 6 , this article shall not prevent the member states from maintaining or introducing rules which would lead to wider disclosure of evidence . ### article 5 disclosure of evidence member states shall ensure that in a proceeding relating to an action for damages before a national court in the union upon request of a claimant who has presented a reasoned justification containing available facts and evidence sufficient to support the plausibility of its claim for damages , national courts can order the defendant or a third party to disclose relevant evidence , [ . . . ] subject to the conditions set out in this chapter . member states shall ensure that courts are also able to order the claimant or a third party to disclose evidence upon request of the defendant . this provision is without prejudice to the rights and obligations of national courts under council regulation no 1206 / 2001 . 1a . member states shall ensure that national courts request the disclosure of evidence from the national competition authority where the defendant does not provide the evidence requested . 2 . member states shall ensure that national courts can order the disclosure of specified pieces of evidence or categories thereof , circumscribed as precisely and as narrowly as possible on the basis of reasonably available facts in the reasoned justification , which are in control of the other party or a third party and are necessary for the purpose of estimating the harm caused , pursuant to article 2 of this directive . 3 . member states shall ensure that national courts limit disclosure of evidence to that which is proportionate and which relates to an action for damages in the union . in determining whether any disclosure requested by a party is proportionate , national courts shall consider the public interests involved and the legitimate interests of all private parties and third parties concerned . they shall , in particular , consider : the likelihood that the alleged infringement of competition law occurred ; the need to safeguard the effectiveness of the public enforcement of competition law ; the scope and cost of disclosure , especially for any third parties concerned , also to prevent fishing expeditions ; whether the evidence to be disclosed contains confidential information , especially concerning any third parties , and the arrangements for protecting such confidential information ; and in cases where the infringement is being or has been investigated by a competition authority , whether the request has been formulated specifically with regard to the nature , object or content of such documents [ . . . ] submitted to a competition authority or held in the file of such competition authority . 4 . member states shall ensure that national courts have the power to order disclosure of evidence containing confidential information when they consider it relevant for the action for damages . member states shall ensure that , when ordering disclosure of such information , national courts have at their disposal effective measures to protect such information . 5 . member states shall ensure that national courts give full effect to applicable legal professional privileges under national or union law when ordering the disclosure of evidence . the interest that undertakings have to avoid actions for damages following an infringement shall not constitute a commercial interest worthy of protection . 5a . member states shall ensure that interested parties in possession of a document requested for disclosure are heard before a national court orders disclosure under this article regarding information derived from the specified documents . 6 . member states shall ensure that , to the extent that their courts have powers to order disclosure without hearing the person from whom disclosure is sought , no penalty for non - compliance with such an order may be imposed until the addressee of such an order has been provided with the possibility to be heard by the national court 7 . evidence shall include all types of evidence admissible before the national court seized , in particular documents and all other objects containing information , irrespective of the medium on which the information is stored . 8 . without prejudice to the obligation laid down in paragraph 4 and the limits laid down in article 6 , this article shall not prevent member states from maintaining or introducing rules which would lead to wider disclosure of evidence .


### objective 3 - rights and redress : to consolidate consumer rights in particular through regulatory action and improving access to redress including alternative dispute resolution . this objective will be measured in particular through the recourse to alternative dispute resolution to solve cross - border disputes and through the activity of a union - wide on - line dispute resolution system . ### objective 3 - rights and redress : to strengthen consumer rights in particular through smart regulatory action and improving access to affordable alternative dispute resolution . this objective will be measured in particular through the recourse to alternative dispute resolution to solve domestic and cross - border disputes and through the activity of a union - wide on - line dispute resolution system .


### it is important to improve consumer protection . to achieve this general objective , specific objectives should be set as regards safety , consumer information and education , rights and redress as well as enforcement in respect of consumer rights . the value and impact of the measures taken under the programme should regularly be monitored and evaluated . for the purposes of evaluating consumer policy indicators should be developed . ### it is important to improve consumer protection , with particular focus on vulnerable groups in order to achieve the objective of inclusive growth . to achieve this general objective , specific objectives should be set as regards safety , consumer information and education , rights and redress as well as enforcement in respect of consumer rights . the value and impact of the measures taken under the programme should annually be monitored and evaluated , and reported to the european parliament . for the purposes of evaluating consumer policy , indicators should be developed . in addition , the commission should establish a set of appropriate statistical indicators at union level , for instance for cross - border sales or online sales , in order to assess results and progress in improving of the functioning of the single market .


### actions increasing consumers ' access to relevant information on products and markets ; ### actions increasing consumers ' access to relevant information on goods and services in the internal market , enabling consumers to compare not only prices but also quality , both online and offline , including cross - border ;


### electronic seals should serve as evidence that an electronic document was issued by a legal person , ensuring certainty of the document’s origin and integrity . ### valid electronic seals should serve as prima facie evidence for the authenticity and integrity of an electronic document associated with them . this should be without prejudice to national provisions on power of attorney , representation and legal capacity .


### the electronic identification means are issued by , on behalf of or under the responsibility of the notifying member state ; ### the electronic identification means are recognized by , issued by or on behalf of the notifying member state ;


### if an electronic seal security assurance level below the qualified electronic seal is required , in particular by a member state for accessing a service online offered by a public sector body on the basis of an appropriate assessment of the risks involved in such a service , all electronic seals matching at a minimum the same security assurance level shall be accepted . ### if an electronic seal security assurance level below the qualified electronic seal is accepted , in particular by a member state for accessing a service online offered by a public sector body on the basis of an appropriate assessment of the risks involved in such a service , at the same time qualified electronic seal shall be accepted .


### a qualified electronic signature shall have the equivalent legal effect of a handwritten signature . ### an electronic document with a qualified electronic signature shall be equivalent to a document signed in person , except where otherwise provided in national or union law . this shall be without prejudice to the option of a contractual agreement to exclude the use of electronic documents .


### with reference to paragraph 1 , such agreements shall ensure that the requirements applicable to qualified trust services and qualified certificates provided by qualified trust service providers established in the territory of the union are met by the trust service providers in the third countries or international organisations , especially with regard to the protection of personal data , security and supervision . ### with reference to paragraph 1 , such agreements shall ensure that the requirements applicable to qualified trust services and qualified certificates provided by qualified trust service providers established in the territory of the union are met by the trust service providers in the third countries or international organisations , especially the security of the trust services provided and the supervision of qualified trust service providers . the third country in question shall afford adequate protection of personal data , in accordance with article 25 of directive 95 / 46 / ec .


### an electronic time stamp shall not be denied legal effect and admissibility as evidence in legal proceedings solely on the grounds that it is in electronic form . ### a document with an electronic time stamp shall not be denied admissibility as evidence in legal proceedings solely on the grounds that it is in electronic form .


### qualified electronic signatures shall be recognised and accepted in all member states . ### qualified electronic signatures shall be recognised and accepted in member states and institutions of the union .


### when an electronic identification using an electronic identification means and authentication is required under national legislation or administrative practice to access a service online , any electronic identification means issued in another member state falling under a scheme included in the list published by the commission pursuant to the procedure referred to in article 7 shall be recognised and accepted for the purposes of accessing this service . ### when an electronic identification using an electronic identification means and authentication is required under national legislation or administrative practice to access a service online , any electronic identification means issued in another member state falling under a scheme included in the list published by the commission pursuant to the procedure referred to in article 7 , and with a security level equal to or higher than the security level required to access the service , shall be recognised and accepted for the purposes of accessing this service .


### an electronic signature shall not be denied legal effect and admissibility as evidence in legal proceedings solely on the grounds that it is in an electronic form . ### an electronic signature shall have legal effect and may be admissible as evidence in legal proceedings , it being borne in mind that the qualified electronic signature offers a higher level of security than other types of electronic signature .


### this regulation lays down rules for electronic identification and electronic trust services for electronic transactions with a view to ensuring the proper functioning of the internal market . ### this regulation lays down rules for electronic identification and trust services for electronic transactions with a view to ensuring the proper functioning of the internal market , guaranteeing a high level of security for identification means and trust services and boosting public trust in the digital world .


### if an electronic signature with a security assurance level below qualified electronic signature is required , in particular by a member state for accessing a service online offered by a public sector body on the basis of an appropriate assessment of the risks involved in such a service , all electronic signatures matching at least the same security assurance level shall be recognised and accepted . ### if an electronic signature with a security assurance level below qualified electronic signature is required by a member state for accessing a service online offered by a public sector body on the basis of an appropriate assessment of the risks involved in such a service , all electronic signatures matching at least the same security assurance level shall be recognised and accepted for access to that online service .


### member states shall not request for accessing a service online offered by a public sector body an electronic seal with higher security assurance level than qualified electronic seals . ### member states shall not request for cross - border access to a service online offered by a public sector body an electronic seal with higher security level than qualified electronic seals .