### the commission shall develop technical support services , in particular with a view to encouraging awareness of different markets , maintaining a dynamic professional network around information and promotion policy and improving knowledge of legislative provisions concerning programme development and implementation . ### the commission shall develop technical support services , in particular with a view to encouraging awareness of different markets , including the financing of exploratory business meetings , maintaining a dynamic professional network around information and promotion policy and improving knowledge of legislative provisions concerning programme development and implementation . the commission shall also produce a simple comprehensive manual to help potential beneficiaries comply with the rules and procedures related to this policy .


### the commission shall develop technical support services , in particular with a view to encouraging awareness of different markets , maintaining a dynamic professional network around information and promotion policy and improving knowledge of legislative provisions concerning programme development and implementation . ### the commission shall develop technical support services , in particular with a view to encouraging awareness of different markets , maintaining a dynamic professional network around information and promotion policy , advising and assisting operators in regard to protecting their products from imitation and counterfeit products in third countries , and improving knowledge of legislative provisions concerning programme development and implementation .


### the union ' s financial contribution to simple programmes shall not exceed 50&#160 ; % of the eligible expenditure . the remaining expenditure shall be borne exclusively by proposing organisations . ### the union ' s financial contribution to simple programmes shall not exceed 60&#160 ; % of the eligible expenditure . member states may finance up to 20% of the costs . the remaining expenditure shall be borne exclusively by proposing organisations .


### the union ' s financial contribution to simple programmes shall not exceed 50&#160 ; % of the eligible expenditure . the remaining expenditure shall be borne exclusively by proposing organisations . ### the union ' s financial contribution to simple programmes shall not exceed 50&#160 ; % of the eligible expenditure . the remaining expenditure shall be borne exclusively by proposing organisations . member states may not contribute to the expenditure .


### information and promotion measures on fruit and vegetables specifically targeting children in union educational establishments , ### information and promotion measures on fresh or processed fruit and vegetables , and milk or dairy products specifically targeting children in union educational establishments ,


### information and promotion measures on fruit and vegetables specifically targeting children in union educational establishments , ### information and promotion measures on fruit and vegetables and milk and dairy products specifically targeting children in union educational establishments ,


### information and promotion measures on fruit and vegetables specifically targeting children in union educational establishments , ### information and promotion measures on milk or fruit and vegetables specifically targeting children in union educational establishments ,


### information and promotion measures on fruit and vegetables specifically targeting children in union educational establishments , ### information and promotion measures on milk , fruit and vegetables specifically targeting children in union educational establishments .


### information and promotion measures on fruit and vegetables specifically targeting children in union educational establishments , ### information and promotion measures on milk , fruit , and vegetables specifically targeting children in union educational establishments .


### information and promotion measures on fruit and vegetables specifically targeting children in union educational establishments , ### information and promotion measures on fruit , vegetables and olive oil specifically targeting children in union educational establishments .


### information and promotion measures on fruit and vegetables specifically targeting children in union educational establishments , ### information and promotion measures on fruit , vegetables and milk specifically targeting children in union educational establishments ,


### in the context of implementing this regulation , the commission may consult the advisory group on promotion of agricultural products established by commission decision 2004 / 391 / ec27 . __________________ 27 commission decision 2004 / 391 / ec of 23 april 2004 on the advisory groups dealing with matters covered by the common agricultural policy . ### in the context of implementing this regulation , the commission shall consult the advisory group on promotion of agricultural products established by commission decision 2004 / 391 / ec27 . __________________ commission decision 2004 / 391 / ec of 23 april 2004 on the advisory groups dealing with matters covered by the common agricultural policy .


### draft legislative resolution ### points out that the financial envelope specified in the legislative proposal constitutes only an indication to the legislative authority and cannot be fixed until agreement is reached on the proposal for a regulation laying down the multiannual financial framework for the years 2014 - 2020 ;


### draft legislative resolution ### recalls its resolution of 8 june 2011 on investing in the future : a new multiannual financial framework for a competitive , sustainable and inclusive europe1 ; reiterates that sufficient additional resources are needed in the next mff in order to enable the union to fulfil its existing policy priorities and the new tasks provided for in the treaty of lisbon , as well as to respond to unforeseen events ; points out that even with an increase in the level of resources for the next mff of at least 5% compared to the 2013 level only a limited contribution can be made to the achievement of the union’s agreed objectives and commitments and the principle of union solidarity ; challenges the council , if it does not share this approach , to clearly identify which of its political priorities or projects could be dropped altogether , despite their proven european added value ; _______________ 1 texts adopted , p7_ta0266 .


### draft legislative resolution ### emphasises that , in view of the tasks already identified and concluded by the union , the commission needs to reflect those policy priorities in a foresighted and adequate manner in the proposal ;


### draft legislative resolution ### reiterates that the lisbon treaty provides for delegated acts only as non - legislative acts of general application relating to non - essential elements of a legislative act ; therefore upholds its criticism of the widespread use of delegated acts and insists that any essential element must be laid down in the legislative act in question ;


### eligibility of expenditure under the national programmes should be determined by national law , subject to common principles . the starting and closing dates for the eligibility of expenditure should be defined so as to provide for uniform and equitable rules applying to the national programmes . ### eligibility of expenditure under the national programmes should be determined by national law while being subject to common principles laid down in this regulation . the starting and closing dates for the eligibility of expenditure should be defined so as to provide for uniform and equitable rules applying to the national programmes .


### technical assistance should enable the member states to support the implementation of their national programmes and assist beneficiaries in complying with their obligations and union law . ### technical assistance is essential to enable the member states to support the implementation of their national programmes , assist beneficiaries in complying with their obligations and union law and in turn to increase the visibility of and accessibility to eu funds .


### to ensure an adequate framework for providing rapidly emergency assistance , this regulation should allow support for actions the expenditure of which was incurred before the application for such assistance was made , in accordance with the provision in the financial regulation1which allows such flexibility in duly substantiated exceptional cases . ____________ 1 triennial revision of the financial regulation – commission proposal com0260 . ### to ensure an adequate framework for providing rapidly emergency assistance , this regulation should allow support for actions the expenditure of which was incurred before the application for such assistance was made , in accordance with the provision in the financial regulation1 which allows such flexibility in duly substantiated exceptional cases . ____________ 1 regulation on the financial rules applicable to the annual budget of the union 815 final of 22 . 12 . 2010 ) .


### the triennial revision of the financial regulation1 introduces changes in the shared management principles which have to be taken into account . _______________ 1 triennial revision of the financial regulation - commission proposal com0260 . ### the triennial revision of the financial regulation1 introduces changes in the shared management method which have to be taken into account . _______________ 1regulation on the financial rules applicable to the annual budget of the union 815 final of 22 . 12 . 2010 ) .


### the commission shall take appropriate measures ensuring that , when actions financed under the specific regulations are implemented , the financial interests of the european union are protected by the application of preventive measures against fraud , corruption and any other illegal activities , by effective controls and , if irregularities are detected , by the recovery of the amounts wrongly paid and , where appropriate , by effective , proportionate and deterrent penalties . ### the commission shall take appropriate measures ensuring that , when actions financed under the specific regulations are implemented , the financial interests of the european union are protected by the application of preventive measures against fraud , corruption and any other illegal activities , by effective controls and , if irregularities are detected , by the recovery of the amounts wrongly paid and , where appropriate , by effective , proportionate and deterrent penalties . without prejudice to paragraph 3 of this article , where the administrative requirements for the adequate implementation are not in place , the commission shall take the appropriate measures to assist the member state in establishing the necessary administrative structures .


### the commission shall take appropriate measures ensuring that , when actions financed under the specific regulations are implemented , the financial interests of the european union are protected by the application of preventive measures against fraud , corruption and any other illegal activities , by effective controls and , if irregularities are detected , by the recovery of the amounts wrongly paid and , where appropriate , by effective , proportionate and deterrent penalties . ### the commission shall take appropriate measures ensuring that , when actions financed under the specific regulations are implemented , the financial interests of the european union are protected by the application of preventive measures against fraud , corruption and any other illegal activities , by effective controls and , if irregularities are detected , by the recovery of the amounts wrongly paid and , where appropriate , by effective , proportionate and deterrent penalties . without prejudice to paragraph 3 , where the administrative requirements for the adequate implementation are not in place , the commission shall take the appropriate measures to assist the member state in establishing the necessary administrative structures .


### union actions , emergency assistance and technical assistance at the initiative of the commission may be implemented - directly , by the commission or through executive agencies ; - indirectly , by entities and persons other than member states in accordance with article [ 57 ] of the financial regulation . ### union actions , emergency assistance and technical assistance at the initiative of the commission may be implemented - directly , by the commission or through executive agencies ; - indirectly , by entities and persons other than member states in accordance with article [ 57 ] of the financial regulation . the commission remains responsible for the implementation of the union budget in accordance with article 317 tfeu and shall inform the european parliament and the council on the operations carried out by the entities under the second indent .


### to launch the programming period , the commission and each member state shall have a policy dialogue on the national requirements and the contribution that the union budget could provide to achieving these requirements , bearing in mind the base line situation in the member state concerned and the objectives of the specific regulations . the policy dialogue shall result in the conclusion of agreed minutes or an exchange of letters which shall identify the specific needs and priorities of the member state concerned and serve as the framework for the preparation of the national programmes . ### to launch the programming period , the commission and each member state shall have a top - level policy dialogue centred on the overall result to be achieved by national programmes , as well as on the requirements of the member state and on the contribution that the union budget could provide to achieving these requirements , bearing in mind the base line situation in the member state concerned and the objectives of the specific regulations . the policy dialogue shall result in the conclusion of agreed minutes or an exchange of letters which shall identify the specific needs and priorities of the member state concerned and serve as the framework for the preparation of the national programmes , specifying for example when national programmes should be submitted to the commission .


### an appropriate strategy identifying the objectives to be pursued with the support of the union budget , with targets for their achievement , an indicative time table and examples of actions envisaged to meet these objectives ; ### an appropriate strategy identifying the objectives to be pursued with the support of the union budget , with targets for their achievement , an indicative time table and examples of actions envisaged to meet these objectives ; this strategy shall ensure , in each of the member states , a fair and equitable distribution of funds - allocated under the specific regulations - in respect of each of the objectives as defined in the specific regulations ;


### member states shall fulfil the management , control and audit obligations and assume the resulting responsibilities laid down in the rules on shared management set out in the financial regulation and this regulation . in accordance with the principle of shared management , member states shall be responsible for the management and control of national programmes . ### member states shall fulfil the management , control and audit obligations and assume the resulting responsibilities laid down in the rules on shared management set out in the financial regulation . in accordance with the method of shared management , member states shall be responsible for the management and control of national programmes and the commission remains responsible for the implementation of the union budget in accordance with article 317 tfeu .


### payments shall take the form of initial pre - financing , payments of the annual balance and the payment of the final balance . ### payments shall take the form of initial pre - financing , annual pre - financing , payments of the annual balance and the payment of the final balance .


### initial pre - financing arrangements ### initial and annual pre - financing arrangements


### following the commission decision approving the national programme , an initial pre - financing amount for the whole programming period shall be paid by the commission . this shall represent 4% of the contribution from the union budget to the national programme concerned . it may be split into two instalments depending on budget availability . ### following the commission decision approving the national programme , an initial pre - financing amount for the whole programming period shall be paid by the commission . this shall represent 4% of the total contribution from the union budget to the national programme concerned . it may be split into two instalments depending on budget availability .


### if a national programme is approved in 2015 or later , the instalments shall be paid in the year of approval . ### following the first year of entry into force of the multi - annual financial framework , the instalments shall be paid not later than two months after the approval of the national programme depending on budget availability and provided that the necessary administrative structures are in place .


### national programmes shall be submitted to a decommitment procedure established on the basis that amounts linked to a commitment which are not covered by the initial pre - financing referred to in article 33 or a request for payment in accordance with article 39 by 31 december of the second year following that of the budget commitment shall be decommitted . ### national programmes shall be submitted to a decommitment procedure established on the basis that amounts linked to a commitment which are not covered by the initial pre - financing referred to in article 33 or a request for payment in accordance with article 39 by 31 december of the second year following that of the budget commitment shall be decommitted . for the purposes of the decommitment , the commission shall calculate the amount by adding one sixth of the annual budget commitment related to the 2014 total annual contribution to each of the 2015 to 2020 budget commitments .


### preparation of legislation is under way in several member states21 to regulate interchange fees , covering a number of issues , including caps on interchange fees at various levels , merchant fees , the honour all cards rules or steering measures . the existing administrative decisions in some member states vary significantly . in view of the harmfulness of interchange fees to retailers and consumers , a further introduction of regulatory measures at national level aimed at addressing the level or divergencies of these fees is anticipated . such national measures would be likely to lead to significant barriers to the completion of the internal market in the area of cards , internet and mobile payments based on cards and would therefore hinder the freedom to provide services . __________________ 21 italy , hungary , poland and the united kingdom . ### preparation of legislation is under way in several member states21 to regulate interchange fees , covering a number of issues , including caps on interchange fees at various levels , merchant fees , the honour all cards rules or steering measures . the existing administrative decisions in some member states vary significantly . to make the levels of interchange fees more consistent , a further introduction of regulatory measures at national level aimed at addressing the level or divergencies of these fees is anticipated . such national measures would be likely to lead to significant barriers to the completion of the internal market in the area of cards , internet and mobile payments based on cards and would therefore hinder the freedom to provide services . __________________ 21italy , hungary , poland and the united kingdom .


### payment cards are the most frequently used electronic payment instrument for retail purchases . however , integration of the union payment card market is far from complete as many payment solutions cannot develop beyond their national borders or new pan - union providers are prevented from entering the market . the lack of market integration currently results in higher prices and less choice in payment services for consumers and retailers , and more limited opportunities to take advantage of the internal market . there is therefore a need to remove obstacles to the efficient functioning of the card market , including mobile and internet payments that are based on card transactions which still pose barriers to the deployment of a fully integrated market . ### payment cards are the most frequently used electronic payment instrument for retail purchases . active cooperation among national and international networks has meant that , since 1987 , european consumers have been able to use their payment cards throughout europe as easily as in their countries of origin . to take full advantage of the internal market , there is a need to remove obstacles to the integration of new card - payment options , including mobile and internet payments that are based on card transactions .


### one of the key practices hindering the functioning of the internal market in card and card - based payments is the widespread existence of interchange fees , which are in most member states not subject to any legislation . interchange fees are inter - bank fees usually applied between the card - acquiring payment service providers and the card - issuing payment service providers belonging to a certain card scheme . interchange fees are a main part of the fees charged to merchants by acquiring payment service providers for every card transaction . merchants in turn incorporate these card costs in the general prices of goods and services . competition between card schemes appears in practice to be largely aimed at convincing as many issuing payment service providers as possible to issue their cards , which usually leads to higher rather than lower interchange fees on the market , in contrast with the usual price disciplining effect of competition in a market economy . regulating interchange fees would improve the functioning of the internal market . ### in most member states , interchange fees are subject not to any legislation but rather to decisions by the national competition authorities . interchange fees are inter - bank fees usually applied between the card - acquiring payment service providers and the card - issuing payment service providers belonging to a certain card scheme . interchange fees are a main part of the fees charged to merchants by acquiring payment service providers for every card transaction . merchants in turn incorporate these card costs , like all their other costs , in the general prices of goods and services . consistent application of the competition rules to interchange fees would improve the functioning of the internal market .


### one of the key practices hindering the functioning of the internal market in card and card - based payments is the widespread existence of interchange fees , which are in most member states not subject to any legislation . interchange fees are inter - bank fees usually applied between the card - acquiring payment service providers and the card - issuing payment service providers belonging to a certain card scheme . interchange fees are a main part of the fees charged to merchants by acquiring payment service providers for every card transaction . merchants in turn incorporate these card costs in the general prices of goods and services . competition between card schemes appears in practice to be largely aimed at convincing as many issuing payment service providers as possible to issue their cards , which usually leads to higher rather than lower interchange fees on the market , in contrast with the usual price disciplining effect of competition in a market economy . regulating interchange fees would improve the functioning of the internal market . ### one of the key practices hindering the functioning of the internal market in card and card - based payments is the widespread existence of interchange fees , which are in most member states not subject to any legislation . interchange fees are inter - bank fees usually applied between the card - acquiring payment service providers and the card - issuing payment service providers belonging to a certain card scheme . interchange fees are a main part of the fees charged to merchants by acquiring payment service providers for every card transaction . merchants in turn incorporate these card costs in the general prices of goods and services . competition between card schemes appears in practice to be largely aimed at convincing as many issuing payment service providers as possible to issue their cards , which usually leads to higher rather than lower interchange fees on the market , in contrast with the usual price disciplining effect of competition in a market economy . regulating interchange fees would reduce transaction costs for consumers and thus improve the functioning of the internal market


### the currently existing wide variety of interchange fees and their level prevent the emergence of ' new ' pan union players on the basis of business models with lower interchange fees , to the detriment of potential economies of scale and scope and their resulting efficiencies . this has a negative impact on retailers and consumers and prevents innovation . as pan - union players would have to offer issuing banks as a minimum the highest level of interchange fee prevailing in the market they want to enter it also results in persisting market fragmentation . existing domestic schemes with lower or no interchange fees may also be forced to exit the market because of the pressure from banks to obtain higher interchange fees revenues . as a result , consumers and merchants face restricted choice , higher prices and lower quality of payment services while their ability to use pan - union payment solutions is restricted . in addition , retailers cannot overcome the fee differences by making use of card acceptance services offered by banks in other member states . specific rules applied by the payment schemes require the application of the interchange fee of the ' point of sale ' for each payment transaction . this prevents acquiring banks from successfully offering their services on a cross border basis . it also prevents retailers from reducing their payment costs to the benefit of consumers . ### the currently existing wide variety of interchange fees and their level prevent the emergence of ' new ' pan union players on the basis of business models with lower interchange fees , to the detriment of potential economies of scale and scope and their resulting efficiencies . this has a negative impact on retailers and consumers and prevents innovation . as pan - union players would have to offer issuing banks as a minimum the highest level of interchange fee prevailing in the market they want to enter it also results in persisting market fragmentation . existing domestic schemes with lower or no interchange fees may also be forced to exit the market because of the pressure from banks to obtain higher interchange fees revenues . as a result , consumers and merchants face restricted choice , higher prices and lower quality of payment services while their ability to use pan - union payment solutions is restricted . in addition , retailers cannot overcome the fee differences by making use of card acceptance services offered by banks in other member states . specific rules applied by the international card payment schemes require , on the basis of their territorial licensing policies , the application of the interchange fee of the ‘ point of sale’ for each payment transaction . this prevents acquirers from successfully offering their services on a cross - border basis . it can also prevent retailers from reducing their payment costs to the benefit of consumers .


### this regulation follows a gradual approach . as a first step , it is necessary to take measures to facilitate cross - border issuing and acquiring of payment card transactions . allowing merchants to choose an acquirer outside their own member state and imposing a maximum level of cross border interchange fees for cross border acquired transactions should provide the necessary legal clarity . in addition , licences for issuing or acquiring of payment instruments should be valid without geographic restrictions within the union . these measures would facilitate the smooth functioning of an internal market for card , internet and mobile payments , to the benefit of consumers and retailers . ### this regulation applies equally to cross - border and to national issuing and acquiring of payment card transactions . if merchants can choose an acquirer outside their own member state , which will be facilitated by the imposition of a maximum level of cross - border interchange fees for acquired transactions and the prohibition of territorial licensing , it should be possible to provide the necessary legal clarity and to prevent distortions of competition between payment - card systems .


### in order to facilitate cross border acquiring all ‘ consumer’ debit card transactions and card based payment transaction should have a maximum interchange fee of 0 , 20% and all consumer credit card transactions and card based payment transactions based on those should have a maximum interchange fee of 0 . 30% . ### in order to facilitate cross border acquiring all debit card transactions and card based payment transaction should have a maximum interchange fee of the lower amount of 7 eurocents or 0 . 1% of the transaction value and all credit card transactions and card based payment transactions based on those should have a maximum interchange fee of the lower amount of 14 eurocents or 0 . 15% of the transaction value .


### in order to facilitate cross border acquiring all ‘ consumer’ debit card transactions and card based payment transaction should have a maximum interchange fee of 0 , 20% and all consumer credit card transactions and card based payment transactions based on those should have a maximum interchange fee of 0 . 30% . ### in order to facilitate cross border acquiring , after an appropriate transitional period , all ‘ consumer’ debit card transactions and card based payment transaction should have a maximum interchange fee of 0 , 20% and all consumer credit card transactions and card based payment transactions based on those should have a maximum interchange fee of 0 . 30% .


### it is important to ensure that the provisions concerning the interchange fees to be paid or received by payment service providers are not circumvented by alternative flows of fees to issuing payment services providers . to avoid this , the ‘ net compensation’ of fees paid and received by the issuing payment service provider from a payment card scheme should be considered as the interchange fee . when calculating the interchange fee , for the purpose of checking whether circumvention is taking place the total amount of payments or incentives received by an issuing payment services provider from a payment card scheme with respect to the regulated transactions less the fees paid by the issuing payment services provider to the scheme should be taken into account . payments , incentives and fees considered could be direct or indirect . ### it is important to ensure that the provisions concerning the interchange fees to be paid or received by payment service providers are not circumvented by alternative flows of fees to issuing payment services providers . to avoid this , the ' net compensation ' of fees paid and received by the issuing payment service provider from a payment card scheme should be considered as the interchange fee . when calculating the interchange fee , for the purpose of checking whether circumvention is taking place the total amount of payments or incentives received by an issuing payment services provider from a payment card scheme with respect to the regulated transactions less the fees paid by the issuing payment services provider to the scheme and the monetary incentives or equivalent received by a cardholder from a payment card scheme should be taken into account . all payments , incentives and fees , whether direct or indirect , in addition to any monetary or other incentives directed at the cardholder , shall be considered under this assessment . for the purposes of this regulation , the estimated corresponding amount of direct or indirect incentives or equivalent should not be spread over more than a one - year period and should not be amortised for inflation or other purposes .


### it is important to ensure that the provisions concerning the interchange fees to be paid or received by payment service providers are not circumvented by alternative flows of fees to issuing payment services providers . to avoid this , the ' net compensation ' of fees paid and received by the issuing payment service provider from a payment card scheme should be considered as the interchange fee . when calculating the interchange fee , for the purpose of checking whether circumvention is taking place the total amount of payments or incentives received by an issuing payment services provider from a payment card scheme with respect to the regulated transactions less the fees paid by the issuing payment services provider to the scheme should be taken into account . payments , incentives and fees considered could be direct or indirect . ### it is important to ensure that the provisions concerning the interchange fees to be paid or received by payment service providers are not circumvented by alternative flows of fees to issuing payment services providers . to avoid this , the ' net compensation ' of fees paid and received by the issuing payment service provider from a payment card scheme should be considered as the interchange fee . when calculating the interchange fee , for the purpose of checking whether circumvention is taking place the total amount of payments or incentives received by an issuing payment services provider from a payment card scheme with respect to the regulated transactions less the fees paid by the issuing payment services provider to the scheme should be taken into account . payments , incentives and fees considered could be direct or indirect . in checking whether circumvention of the provisions of the regulation regulating the maximum amount of interchange fees is taking place , card issuers ' profits resulting from special programmes carried out jointly by payment card issuers and payment card schemes and revenue from processing , licensing and other fees providing revenue to card organisations should , in particular , be taken into account .


### it is important to ensure that the provisions concerning the interchange fees to be paid or received by payment service providers are not circumvented by alternative flows of fees to issuing payment services providers . to avoid this , the ‘ net compensation’ of fees paid and received by the issuing payment service provider from a payment card scheme should be considered as the interchange fee . when calculating the interchange fee , for the purpose of checking whether circumvention is taking place the total amount of payments or incentives received by an issuing payment services provider from a payment card scheme with respect to the regulated transactions less the fees paid by the issuing payment services provider to the scheme should be taken into account . payments , incentives and fees considered could be direct or indirect . ### it is important to ensure that the provisions concerning the interchange fees to be paid or received by payment service providers are not circumvented by alternative flows of fees to issuing payment services providers . to avoid this , the ‘ net compensation’ of fees paid and received by the issuing payment service provider including possible authorisation charges from a payment card scheme should be considered as the interchange fee . when calculating the interchange fee , for the purpose of checking whether circumvention is taking place the total amount of payments or incentives received by an issuing payment services provider from a payment card scheme with respect to the regulated transactions less the fees paid by the issuing payment services provider to the scheme should be taken into account . payments , incentives and fees considered could be direct or indirect .


### it is important to ensure that the provisions concerning the interchange fees to be paid or received by payment service providers are not circumvented by alternative flows of fees to issuing payment services providers . to avoid this , the ‘ net compensation’ of fees paid and received by the issuing payment service provider from a payment card scheme should be considered as the interchange fee . when calculating the interchange fee , for the purpose of checking whether circumvention is taking place the total amount of payments or incentives received by an issuing payment services provider from a payment card scheme with respect to the regulated transactions less the fees paid by the issuing payment services provider to the scheme should be taken into account . payments , incentives and fees considered could be direct or indirect . ### it is important to ensure that the provisions concerning the interchange fees to be paid or received by payment service providers are not circumvented by alternative flows of fees to issuing payment services providers . to avoid this , the ‘ net compensation’ of fees paid and received by the issuing payment service provider from a payment card scheme should be considered as the interchange fee . when calculating the interchange fee , for the purpose of checking whether circumvention is taking place the total amount of payments or incentives received by an issuing payment services provider from a payment card scheme in direct relation to payment transactions less the fees paid by the issuing payment services provider to the scheme should be taken into account .


### for the effective functioning of the limitations to the honour all cards rule certain information is indispensable . first , payees should have the means to identify the different categories of cards . therefore , the various categories should be identifiable visibly and electronically on the device . secondly , also the payer should be informed about the acceptance of his payment instrument at a given point of sale . it is necessary that any limitation on the use of a given brand to be announced by the payee to the payer at the same time and under the same conditions as the information that a given brand is accepted . ### for the effective functioning of the limitations to the honour all cards rule certain information is indispensable . first , payees and payers should have the means to identify the different categories of cards . therefore , the various categories should be identifiable visibly and electronically on the device or the terminal as appropriate . secondly , also the payer should be clearly and comprehensively informed in an understandable manner about the acceptance of his payment instrument at a given point of sale . it is necessary that any limitation on the use of a given brand to be announced by the payee to the payer at the same time and under the same conditions as the information that a given brand is accepted .


### for the effective functioning of the limitations to the honour all cards rule certain information is indispensable . first , payees should have the means to identify the different categories of cards . therefore , the various categories should be identifiable visibly and electronically on the device . secondly , also the payer should be informed about the acceptance of his payment instrument at a given point of sale . it is necessary that any limitation on the use of a given brand to be announced by the payee to the payer at the same time and under the same conditions as the information that a given brand is accepted . ### payees should have the means to identify the different categories of cards . therefore , the various categories should be identifiable electronically on the device . also the payer should be informed about the acceptance of his payment instrument at a given point of sale .


### this regulation lays down uniform technical and business requirements for payment card transactions carried out within the union , where both the payer ' s payment service provider and the payee ' s payment service provider are established therein . ### this regulation lays down uniform technical and business requirements for payment card and digital wallet transactions carried out within the union , where the payer ' s payment service provider , the payer , the payee ' s payment service provider and the payee are established therein .


### this regulation lays down uniform technical and business requirements for payment card transactions carried out within the union , where both the payer ' s payment service provider and the payee ' s payment service provider are established therein . ### this regulation lays down uniform technical and business requirements for payment card based payment transactions carried out within the union , where both the payee and the payer ' s payment service provider and the payee ' s payment service provider are located therein .


### this regulation lays down uniform technical and business requirements for payment card transactions carried out within the union , where both the payer ' s payment service provider and the payee ' s payment service provider are established therein . ### this regulation lays down uniform technical and business requirements for payment card transactions carried out within the union , where the payer ' s payment service provider or the payee ' s payment service provider are established therein .


### cash withdrawals at automatic teller machines and ### cash withdrawals or any transaction other than sale of goods or services performed at automatic teller machines and


### ‘ three party payment card scheme’ means a payment card scheme in which payments are made from a payment account held by the scheme on behalf of the cardholder to a payment account held by the scheme on behalf of the payee , and card based transactions based on the same structure . when a three party payment card scheme licenses other payment service providers for the issuance and / or the acquiring of payment cards , it is considered as a four party payment card scheme ; ### ' three party payment card scheme ' means a payment card scheme in which payments are made from a payment account held by the scheme on behalf of the payer to a payment account held by the scheme on behalf of the payee , and card based transactions based on the same structure . when a three party payment card scheme licenses other payment service providers for the issuance and / or the acquiring of payment cards , or issues or distributes payment cards with a co - brand partner or through an agent , it is considered as a four party payment card scheme ;


### interchange fees for cross - border consumer debit or credit card transactions ### interchange fees for debit or credit card transactions


### interchange fees for all consumer debit or credit card transactions ### interchange fees for all consumer debit or credit card based payment transactions


### with effect from two months after the entry into force of this regulation , payment services providers shall not offer or request for cross - border debit card transactions a per transaction interchange fee or other agreed remuneration with an equivalent object or effect of more than 0 , 2&#160 ; % of the value of the transaction . ### starting two months after the entry into force of this regulation , the per transaction interchange fee or other agreed remuneration with an equivalent object or effect offered or requested by payment service providers for cross - border debit card transactions shall be gradually reduced so that that after five years interchange fees do not exceed 0 , 2&#160 ; % of the value of the transaction . to that end , interchange fees shall start at a level not exceeding 0 . 7% of the value of the transaction and shall be reduced by 0 . 1 percentage points per year , so that the final target value is reached after five years .


### for the purposes of the application of the caps referred to in article 3 and article 4 , any net compensation received by an issuing bank from a payment card scheme in relation to payment transactions or related activities shall be treated as part of the interchange fee . ### for the purposes of the application of the caps referred to in article 3 and article 4 , compensation received by an issuing bank from a payment card scheme in relation to payment transactions or related activities shall be lower than previous year fees paid to this scheme from the same issuer . this request can be temporally waived for new emerging schemes or initiatives aiming to access to the european card payment market .


### for the purposes of the application of the caps referred to in article 3 and article 4 , any net compensation received by an issuing bank from a payment card scheme in relation to payment transactions or related activities shall be treated as part of the interchange fee . ### for the purposes of the application of the caps referred to in article 3 , any net compensation received by an issuing payment service provider in relation to payment transactions shall be treated as part of the interchange fee .


### processing entities within the union shall ensure that their system is technically interoperable with other systems of processing entities within the union through the use of standards developed by international or european standardisation bodies . in addition , processing entities shall not adopt or apply business rules that restrict interoperability with other processing entities within the union . ### by . . . * [ one year after the entry into force of this regulation ] processing entities within the union shall ensure that their system is technically interoperable with other systems of processing entities within the union through the use of standards developed by international or european standardisation bodies . in addition , processing entities shall not adopt or apply business rules that restrict interoperability with other processing entities within the union . eba shall , in close cooperation with the sepa council , establish requirements to be complied with by payment systems , payment schemes and processing entities to ensure a fully open and competitive card processing market . those requirements shall be issued by . . . * [ two years from the date of entry into force of this regulation ] and shall be updated on a regular basis , as appropriate .


### any schemes rules and rules in licensing agreements that hinder or prevent an issuer from co - badging two or more different brands of payment instruments on a card , telecommunication , digital or it device shall be prohibited . ### any schemes rules and rules in licensing agreements that hinder or prevent an issuer from co - badging two or more different brands of payment instruments on a card , telecommunication , digital or it device shall be prohibited , when this otherwise would be technically possible . issuers shall not create technical barriers for co - badging when interoperable rules make co - badging possible .


### any difference in treatment of issuers or acquirers in schemes rules and rules in licensing agreements concerning co - badging on a card , telecommunication , digital or it device shall be objectively justified and non - discriminatory . ### any difference in treatment of issuers acquirers in schemes rules and rules in licensing agreements concerning co - badging or equivalent co - residing of different brands or applications on a card , telecommunication , digital or it device shall be objectively justified and non - discriminatory .


### payment card schemes shall not impose reporting requirements , obligations to pay fees or other obligations with the same object or effect on card issuing and acquiring payment services providers for transactions carried out with any device on which their brand is present in relation to transactions for which their scheme is not used . ### payment card schemes shall not impose reporting requirements , obligations to pay fees or other obligations with the same object or effect on card issuing and acquiring payment services providers for transactions carried out with any card , telecommunication , digital or it device on which their brand is present in relation to transactions for which their scheme is not used .


### payment card schemes shall not impose reporting requirements , obligations to pay fees or other obligations with the same object or effect on card issuing and acquiring payment services providers for transactions carried out with any device on which their brand is present in relation to transactions for which their scheme is not used . ### payment card schemes shall not impose reporting requirements , obligations to pay fees or other similar obligations with the same object or effect on card issuing and acquiring payment services providers for transactions carried out with any device on which their brand is present in relation to transactions for which their scheme is not used .


### any routing principles aimed at directing transactions through a specific channel or process and other technical and security standards and requirements with respect to the handling of more than one payment card brand on a card , telecommunication , digital or it device shall be non - discriminatory and shall be applied in a non - discriminatory manner . ### any routing principles aimed at directing transactions through a specific channel or process and other technical and security standards and requirements with respect to the handling of more than one payment card brand on a card , telecommunication , digital or it device shall be non - discriminatory and shall be applied in a non - discriminatory manner , giving the payee the possibility of refusing certain cards or other payment instruments in accordance with article 10 of this regulation .


### any routing principles aimed at directing transactions through a specific channel or process and other technical and security standards and requirements with respect to the handling of more than one payment card brand on a card , telecommunication , digital or it device shall be non - discriminatory and shall be applied in a non - discriminatory manner . ### any routing principles or equivalent measures aimed at directing transactions through a specific channel or process and other technical and security standards and requirements with respect to the handling of more than one payment card brand or equivalent on a card , telecommunication , digital or it device shall be non - discriminatory and shall be applied in a non - discriminatory manner .


### payment card schemes , issuers , acquirers and payment card handling infrastructure providers shall not insert automatic mechanisms , software or devices on the payment instrument or at equipment applied at the point of sale which limit the choice of application by the payer when using a co - badged payment instrument . ### payment card schemes , issuers , acquirers , merchants and payment card handling infrastructure providers shall not insert automatic mechanisms , software or devices on the payment instrument or at equipment applied at the point of sale which limit the choice of application by the payer when using a co - badged payment instrument .


### acquirers shall offer and charge payees individually specified merchant service charges for different categories and different brands of payment cards unless merchants request in writing acquiring payment services providers to charge blended merchant services charges . ### acquirers shall offer to charge payees individually specified merchant service charges for different categories and different brands of payment cards .


### issuing payment service providers shall ensure that their payment instruments are visibly and electronically identifiable , enabling payees to identify unequivocally which brands and categories of prepaid , debit , credit or commercial cards or card based payments based on these are chosen by the payer . ### issuing payment service providers shall ensure that their payment instruments are visibly and electronically identifiable , either in the device or on the payment terminal , enabling payees and payers to identify unequivocally which brands and categories of prepaid , debit , credit or commercial cards or card based payments based on these are chosen by the payer .


### member states shall notify the commission of those bodies by two years after the entry into force of this regulation . they shall notify the commission without delay of any subsequent change concerning those bodies . ### member states shall notify the commission of those bodies by . . . * [ two months after the entry into force of this regulation ] . they shall notify the commission without delay of any subsequent change concerning those bodies .


### four years after the entry into force of this regulation , the commission shall present to the european parliament and to the council a report on the application of this regulation . the commission ' s report shall look in particular at the appropriateness of the levels of interchange fees and at steering mechanisms such as charges , taking into account the use and cost of the various means of payments and the level of entry of new players and new technology on the market . ### three years after the entry into force of this regulation , the commission shall present to the european parliament and to the council a report on the application of this regulation . this report shall include a comprehensive assessment on the impact of the application of this regulation . the commission ' s assessment and report shall look in particular at - the appropriateness of the levels of interchange fees and steering mechanisms such as charges ; - the application of the transitional period for domestic debit card and credit card transactions ; - the use and cost of the various means of payments ; - the development of cardholder fees ; - the level of entry of new players ; - the emergence of new technology on the market ; - the specificities of internet - based transactions .


### in order to enhance consistency and comparability of non - financial information disclosed throughout the union , companies should be required to include in their annual report a non - financial statement containing information relating to at least environmental matters , social and employee - related matters , respect for human rights , anti - corruption and bribery matters . such statement should include a description of the policies , results , and the risks related to those matters . ### in order to enhance consistency and comparability of non - financial information disclosed throughout the union , companies should be required to include in their annual report a non - financial statement containing information relating to matters which are material for an understanding of the company ' s development , performance or position , at least environmental and employee - related matters .


### the european council of 24 and 25 march 2011 called for the overall regulatory burden , in particular for small and medium - sized enterprises , to be reduced at both european and national levels and suggested measures to increase productivity while the europe 2020 strategy for smart , sustainable and inclusive growth aims to improve the business environment for smes and to promote their internationalisation . thus , according to the ‘ think - small - first’ principle , the disclosure requirements under directive 78 / 660 / eec and directive 83 / 349 / eec should only apply to certain large undertakings and groups . ### the european council of 24 and 25 march 2011 called for the overall regulatory burden , in particular for small and medium - sized enterprises , to be reduced at both european and national levels , welcomed the intention of the commission to propose ways of exempting micro - enterprises from certain regulations , and suggested measures to increase productivity while the europe 2020 strategy for smart , sustainable and inclusive growth aims to improve the business environment for smes and to promote their internationalisation . thus , according to the ‘ think - small - first’ principle , the disclosure requirements under directive 78 / 660 / eec and directive 83 / 349 / eec should only apply to certain large undertakings and groups .


### the european council of 24 and 25 march 2011 called for the overall regulatory burden , in particular for small and medium - sized enterprises , to be reduced at both european and national levels and suggested measures to increase productivity while the europe 2020 strategy for smart , sustainable and inclusive growth aims to improve the business environment for smes and to promote their internationalisation . thus , according to the ' think - small - first ' principle , the disclosure requirements under directive 78 / 660 / eec and directive 83 / 349 / eec should only apply to certain large undertakings and groups . ### the european council of 24 and 25 march 2011 called for the overall regulatory burden , in particular for small and medium - sized enterprises , to be reduced at both european and national levels and suggested measures to increase productivity while the europe 2020 strategy for smart , sustainable and inclusive growth aims to improve the business environment for smes and to promote their internationalisation . thus , according to the ‘ think - small - first’ principle , the disclosure requirements under directive 78 / 660 / eec , directive 83 / 349 / eec and directive 2013 / 34 / eu should only apply to certain large undertakings and groups .


### the scope of these non - financial disclosure requirements should be defined by reference to the average number of employees , total assets and turnover . smes should be exempted from additional requirements , and the obligation to disclose a non - financial statement in the annual report should only apply to those companies whose average number of employees exceeds 500 , and exceed either a balance sheet total of eur 20 million or a net turnover of eur 40 million . ### the scope of these non - financial disclosure requirements should be defined by reference to the average number of employees , total assets and turnover . micro - enterprises and smes should be exempted from additional requirements , and the obligation to disclose a non - financial statement in the annual report should only apply to those companies whose average number of employees exceeds 500 , and exceed either a balance sheet total of eur 40 million or a net turnover of eur 80 million .


### 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 undertakings . disclosure of the diversity policy should be part of the corporate governance statement , as laid down by article 20 of directive 2013 / 34 / eu .


### since the objective of this directive , namely to increase the relevance , consistency and comparability of information disclosed by companies across the union , cannot be sufficiently achieved by the member states , and can therefore by reason of its effect be better achieved at union level , the union may adopt measures in accordance with the principle of subsidiarity as set out in article 5 of the treaty on european union . in accordance with the principle of proportionality , as set out in that article , this directive does not go beyond what is necessary to achieve the pursued objective . ### the objective of this directive , namely to increase the relevance , consistency and comparability of information disclosed by very large companies across the union , can be sufficiently achieved by the member states .


### this directive respects the fundamental rights and observes the principles recognised in particular by the charter of fundamental rights of the european union , including the freedom to conduct a business , respect for private life and the protection of personal data . this directive has to be implemented in accordance with these rights and principles . ### this directive respects the fundamental rights and observes the principles recognised in particular by the charter of fundamental rights of the european union , including the freedom to conduct a business , the principle of the voluntary nature of corporate social responsibility , respect for private life , the protection of personal data , and the elementary principle that , in a free society , charitable actions can never be compulsory . this directive has to be implemented strictly in accordance with these rights and principles .


### entry into force ### entry into force and consolidation


### this directive shall enter into force on the twentieth day following that of its publication in the official journal of the european union . ### this directive shall enter into force on the twentieth day following that of its publication in the official journal of the european union . it shall be consolidated with the directives which it amends within three months of its entry into force .


### each member state shall set up a computer emergency response team responsible for handling incidents and risks according to a well - defined process , which shall comply with the requirements set out in point of annex i . a cert may be established within the competent authority . ### each member state shall set up at least one computer emergency response team responsible for handling incidents and risks according to a well - defined process , which shall comply with the requirements set out in point of annex i . a cert may be established within the competent authority .


### ' aromatised wine products ' : means products obtained from products of the wine sector as referred to in regulation no [ xxxx / 20xx . com 799 final aligned scmo ] , and which have been flavoured . they are classified as follows : ### ' aromatised wine products ' : means products obtained from products of the wine sector as referred to in regulation no [ xxxx / 20xx . com 799 final aligned scmo ] , and which have been flavoured under the conditions laid down in annex i . they are classified as follows :


### the sales denominations for aromatised wine products as provided for in annex ii shall be used in the union . those denominations may be used only for the marketing of aromatised wine products which comply with the requirements laid down in that annex for the corresponding sales denomination . ### only the sales denominations for aromatised wine products as provided for in annex ii shall be used in the union . those denominations may be used only for the marketing of aromatised wine products which comply with the requirements laid down in that annex for the corresponding sales denomination .


### aromatised wine products which comply with the requirements of more than one sales denomination may use only one corresponding sales denomination . ### save as provided otherwise in annex ii , aromatised wine products which comply with the requirements of more than one sales denomination may use only one corresponding sales denomination .


### an alcoholic beverage not fulfilling the requirements laid down in this regulation shall not be described , presented or labelled by associating words or phrases such as ' like ' , ' type ' , ' style ' , ' made ' , ' flavour ' or any other term similar to any of the sales denominations established in this regulation . ### an alcoholic beverage not fulfilling the requirements laid down in this regulation shall not be described , presented or labelled by associating words or phrases such as ' like ' , ' type ' , ' style ' , ' made ' , ' flavour ' or any other similar term , or graphic component , liable to mislead the consumer .


### in order to ensure product quality and traceability , the commission may , by means of delegated acts , provide for the conditions under which product specifications may include additional requirements as referred to in article 11 . ### in order to ensure product quality and traceability , the commission shall be empowered to adopt delegated acts , in accordance with article 35 : adopting all necessary measures related to this chapter regarding the information to be provided in the product specification with regard to the link between the geographical area and the final product ; providing for the conditions under which product specifications may include additional requirements as referred to in article 11 .


### in order to ensure the efficiency of the checks provided for in this chapter , the commission may , by means of delegated acts , adopt the necessary measures regarding the notification of operators to the competent authorities . ### in order to ensure the efficiency of the checks provided for in this chapter , the commission shall be empowered to adopt delegated acts , in accordance with article 35 , containing necessary measures regarding the notification of operators to the competent authorities , as well as regarding checks and verification to be carried out by the member states , including testing .


### aromatised wine : aromatized wine to which no alcohol has been added . ### aromatised wine : aromatized wine with or without the addition of alcohol .


### – which may have been sweetened only by means of caramelized sugar , sucrose , grape must , rectified concentrated grape must and concentrated grape must . ### – which may have been sweetened only by means of products referred to in point 2 of annex i .


### the description ‘ sangria’ must be accompanied by the words ‘ produced in …’ followed by the name of the member state of production or of a more restricted region except where the product is produced in spain or portugal . ### when the drink is manufactured in a member state other than spain or portugal , the word ‘ sangria’ may be used in addition to the sales denomination ‘ aromatised wine - based drink’ , which must be accompanied by the words ‘ produced in …’ followed by the name of the member state of production or of a more restricted region .


### the description ‘ clarea’ must be accompanied by the words ‘ produced in …’ followed by the name of the member state of production or of a more restricted region except where the product is produced in spain . ### when the drink is manufactured in a member state other than spain or portugal , the word ‘ clarea’ may be used in addition to the sales denomination ‘ aromatised wine - based drink’ , which must be accompanied by the words ‘ produced in …’ followed by the name of the member state of production or of a more restricted region .


### the description ‘ sangria’ may replace the description ‘ aromatised wine - based drink’ only where the drink is manufactured in spain or portugal . ### the word ‘ sangria’ may replace the sales denomination ‘ aromatised wine - based drink’ only where the drink is manufactured in spain or portugal .


### the description ‘ clarea’ may replace the description ‘ aromatised wine - based drink’ only where the drink is manufactured in spain . ### the word ‘ clarea’ may replace the sales denomination ‘ aromatised wine - based drink’ only where the drink is manufactured in spain .


### it is appropriate to clarify that staff of the eeas who carry out tasks for the commission as part of their duties should follow instructions given by the commission . likewise , commission officials working in union delegations should follow instructions from the head of delegation , in particular on organisational and administrative matters and on the implementation of the union budget . ### it is appropriate to clarify that staff of the eeas who carry out tasks for the commission as part of their duties should follow instructions given by the commission under the overall responsibility of the head of delegation . likewise , commission officials working in union delegations should follow instructions from the head of delegation , in particular on organisational and administrative matters .


### in order to take account of specific situations in a flexible manner , a transfer of officials in the interests of the service , that is without prior publication of the vacant post , from the council or the commission to the eeas should also be made possible in exceptional cases . similarly , it should be possible to transfer officials in the interest of the service from the eeas to the council or the commission . ### in order to take account of specific situations in a flexible manner , a transfer of officials in the interests of the service , that is without prior publication of the vacant post , from the council or the commission to the eeas should also be made possible in duly justified exceptional cases . similarly , it should be possible to transfer officials in the interest of the service from the eeas to the council or the commission .


### it is necessary to ensure that staff from national diplomatic services , candidates from the council and the commission as well as internal candidates can apply for posts in the eeas on an equal footing . from 1 july 2013 at the latest this should also apply to officials from other institutions . however , in order to guarantee proper representation of staff from national diplomatic services in the eeas , the high representative of the union for foreign affairs and security policy and vice - president of the commission should be able to decide that for posts in function group ad , until 30 june 2013 , priority may be given to candidates from national diplomatic services of the member states in case of substantially equal qualifications . ### it is necessary to ensure that staff from national diplomatic services , candidates from the council and the commission and internal candidates can apply for posts in the eeas on an equal footing . from 1 january 2012 at the latest this should also apply to officials from other institutions . however , in order to guarantee proper representation of staff from national diplomatic services in the eeas , the high representative of the union for foreign affairs and security policy and vice - president of the commission should be able to decide that for posts in function group ad , until 31 december 2011 or until staff from national diplomatic services account for one - third of total eeas staff at ad level , whichever occurs earlier , priority may be given to candidates from national diplomatic services of the member states in case of substantially equal qualifications .


### in order to avoid unnecessary restrictions on the employment in the eeas of staff from national diplomatic services , specific rules on the length of contracts should be adopted . for this particular category of temporary staff , the rules on secondment , leave on personal grounds and maximum retirement age should be aligned with those applicable to officials . ### in order to avoid unnecessary restrictions on the employment in the eeas of staff from national diplomatic services , specific rules on the length of contracts should be adopted . for this particular category of temporary staff , the rules on leave on personal grounds and maximum retirement age should be aligned with those applicable to officials .


### in order to ease the administrative burden of the eeas , the disciplinary board established in the commission should also serve as the disciplinary board for the eeas , unless the high representative of the union for foreign affairs and security policy and vice - president of the commission decides to establish a disciplinary board for the eeas . ### in order to ease the administrative burden of the eeas , the disciplinary board established in the commission should also serve as the disciplinary board for the eeas .


### notwithstanding article 11 , a commission official working in a union delegation shall take instructions from the head of delegation , in particular on organisational and administrative matters and , in accordance with legal acts adopted under article 322 of the treaty on the functioning of the european union , on the implementation of the union budget . an eeas official who has to carry out tasks for the commission as part of his duties shall take instructions from the commission with regard to those tasks . ### notwithstanding article 11 , a commission official working in a union delegation shall take instructions from the head of delegation , in particular on organisational and administrative matters . an eeas official who has to carry out tasks for the commission as part of his duties shall take instructions from the commission with regard to those tasks under the overall responsibility of the head of delegation .


### under the conditions set out in article 7 and notwithstanding articles 4 and 29 , the appointing authorities of the institutions concerned may in exceptional cases , acting by common agreement and solely in the interests of the service , after having heard the official concerned , transfer him from the council or the commission to the eeas without notifying the staff of the vacant post . an eeas official may be transferred to the council or the commission under the same conditions . ### under the conditions set out in article 7 and notwithstanding articles 4 and 29 , the appointing authorities of the institutions concerned may , in duly justified exceptional cases , acting by common agreement and solely in the interests of the service , after having heard the official concerned , transfer him or her from the council or the commission to the eeas without notifying the staff of the vacant post . an eeas official may be transferred to the council or the commission under the same conditions .


### unless the high representative of the union for foreign affairs and security policy and vice - president of the commission decides to establish a disciplinary board for the eeas , the disciplinary board of the commission shall also serve as the disciplinary board for the eeas . ### the disciplinary board of the commission shall also serve as the disciplinary board for the eeas .


### member states shall transmit to the commission the data set out in the annexes , including the confidential data , within the time limits specified therein . ### member states shall transmit to the commission the data set out in the annexes , including the confidential data , within the time limits specified therein . national competences shall not be affected .


### risks however are associated with the use of organs in transplantation . the extensive therapeutic use of human organs for transplantation demands that their quality and safety should be such as to minimise any risks associated with the transmission of diseases . ### risks however are associated with the use of organs in transplantation . the therapeutic use of human organs for transplantation demands that their quality and safety should be such as to minimise any risks associated with the transmission of diseases .


### risks however are associated with the use of organs in transplantation . the extensive therapeutic use of human organs for transplantation demands that their quality and safety should be such as to minimise any risks associated with the transmission of diseases . ### risks however are associated with the use of organs in transplantation . the extensive therapeutic use of human organs for transplantation demands that their quality and safety should be such as to minimise any risks associated with the transmission of diseases . well organised national transplant systems and use of the best available medical expertise , technology and innovative medical treatment can significantly reduce the associated risks of transplanted organs in patients such as rejection of the organ .


### there is therefore a need for common quality and safety standards for the procurement , transport and use of human organs at community level . these standards would facilitate exchanges of organs to the benefit of thousands of european patients in need of this type of therapy each year . community legislation should ensure that human organs comply with acceptable standards of quality and safety . therefore such standards will help to reassure the public that human organs procured in another member state nonetheless carry the same basic quality and safety guarantees as those obtained in their own country . ### there is therefore a need , while duly respecting the subsidiarity principle pursuant to article 168 tfeu tec ) , for common quality and safety standards for the procurement , transport and use of human organs at community level . these standards would facilitate exchanges of organs to the benefit of thousands of european patients in need of this type of therapy each year . community legislation should ensure that human organs comply with recognised standards of quality and safety . therefore such standards will help to reassure the public that human organs procured in another member state nonetheless carry the same basic quality and safety guarantees as those obtained in their own country .


### the competent authorities of the member states should have a key role to play in ensuring the quality and safety of organs during the entire chain from donation to transplantation . as emphasised by the recommendation of the committee of ministers to member states on the background , functions and responsibilities of a national transplant organisation of the council of europe , it is preferable to have a single body which is officially recognised and non - profit making with overall responsibility for donation , allocation , traceability and accountability . however , depending especially on the repartition of competences within the member states , a combination of local , regional , national and / or international bodies may work together to co - ordinate donation , allocation and / or transplantation , provided that the framework in place ensures accountability , co - operation and efficiency ### the competent authorities of the member states should have a key role to play in ensuring the quality and safety of organs during the entire chain from donation to transplantation and throughout the patient’s recovery based on best medical practice in post - transplantation treatment . as emphasised by the recommendation of the committee of ministers to member states on the background , functions and responsibilities of a national transplant organisation of the council of europe15 , it is preferable to have a single body which is officially recognised and non - profit making with overall responsibility for donation , allocation , traceability and accountability . however , depending especially on the repartition of competences within the member states , a combination of local , regional , national and / or international bodies may work together to co - ordinate donation , allocation and / or transplantation , provided that the framework in place ensures accountability , co - operation and efficiency


### in particular , power should be conferred on the commission to lay down , where the organs concerned are to be exchanged between member states , the procedures for the transmission to transplantation centres of the information on the characteristics of the organs , the procedures needed to ensure the traceability of the organs , including labelling requirements , and the procedures for the reporting of serious adverse events or reactions . since these measures are of general scope and are designed to amend non - essential elements of this directive , or to supplement this directive with new non - essential elements , they must be adopted in accordance with the regulatory procedure with scrutiny provided for in article 5a of decision 1999 / 468 / ec . ### in order to achieve the objectives of this directive , the commission should be empowered to adopt delegated acts in accordance with article 290 of the treaty on the functioning of the european union concerning , where the organs concerned are to be exchanged between member states , the procedures for the transmission to transplantation centres of the information on the characteristics of the organs , the procedures needed to ensure the traceability of the organs , including labelling requirements , and the procedures for the reporting of serious adverse events or reactions .


### ' authorisation ' means authorisation , accreditation , designation or licensing , depending of the concepts used in each member state ; ### ' authorisation ' means accreditation , authorisation , licensing or certification , depending on the regulatory approaches used in each member state ;


### ' authorisation ' means authorisation , accreditation , designation or licensing , depending of the concepts used in each member state ; ### ' authorisation ' means authorisation , accreditation , designation or licensing , depending of the concepts used in each member state , or registration with a public body for the provision of health care provided that the functions of that public body include ensuring that the registered body complies with the rules laid down in this directive .


### ‘ donation’ means donating human organs for transplantation ; ### ‘ donation’ means the provision of human organs intended for human applications ;


### ‘ organ’ means a differentiated and vital part of the human body , formed by different tissues , that maintains its structure , vascularisation , and capacity to develop physiological functions with an important level of autonomy ; ### ‘ organ’ means both a differentiated and vital part of the human body , formed by different tissues , that maintains its structure , vascularisation , and capacity to develop physiological functions with an important level of autonomy and parts of organs if it is their function to be used for the same purpose as the entire organ in the human body and complex tissues ;


### ' organ ' means a differentiated and vital part of the human body , formed by different tissues , that maintains its structure , vascularisation , and capacity to develop physiological functions with an important level of autonomy ; ### ' organ ' means both a differentiated and vital part of the human body , formed by different tissues , that maintains its structure , vascularisation , and capacity to develop physiological functions with an important level of autonomy ; and parts of organs , if it is their function to be used for the same purpose as the entire organ in the human body , maintaining the requirements of structure and vascularisation ;


### ' procurement ' means a process by which the donated organs become available ; ### ' procurement ' means a coordinated process by which the donated organs become available


### ‘ preservation’ means the use of chemical agents , alterations in environmental conditions or other means during processing to prevent or retard biological or physical deterioration of human organs from the procurement until the transplantation ; ### ‘ preservation’ means the use of chemical agents , alterations in environmental conditions or other means while making available human organs to prevent or retard the biological or physical deterioration thereof from the procurement until the transplantation ;


### ‘ serious adverse event’ means any unexpected occurrence associated with any stage of the chain from donation to transplantation that might lead to the transmission of a communicable disease , to death or life - threatening , disabling , or incapacitating conditions for patients or which results in , or prolongs , hospitalisation or morbidity ; ### ‘ serious adverse event’ means any undesired and unexpected occurrence associated with the procurement , preservation and making available of organs that might lead to the transmission of an infectious disease , to death or a life - threatening condition or to the disabling of donors or recipients , necessitate hospitalisation or cause another illness , providing it is not a matter of the side - effects of immune suppression ;


### ‘ serious adverse reaction’ means an unintended response , including a communicable disease , in the donor or in the recipient associated with any stage of the chain from donation to transplantation that is fatal , life - threatening , disabling , incapacitating , or which results in , or prolongs , hospitalisation or morbidity ; ### ) ‘ serious adverse reaction’ means an unintended or unexpected serious response , including a communicable disease , in the donor or in the recipient associated with the donation , procurement , preservation , making available or transplantation of an organ , that is fatal , life - threatening , disabling , incapacitating , or which results in hospitalisation or unexpected morbidity ; side - effects of immune suppression are excluded ;


### ‘ transplantation’ means the process of restoring certain functions of the human body by transferring equivalent organs to a recipient ; ### ‘ transplantation’ means the process of restoring certain functions of the human body by transferring human organs to a recipient ;


### national quality programmes ### national quality and safety programmes


### – the recall of organs as referred in article 11 , ### – the management of serious adverse events and reactions as referred in article 11 ,


### member states shall ensure that procurement takes place in dedicated facilities , which are designed , constructed , maintained and operated so as to comply with the requirements laid down in this directive and which allow minimising bacterial or other contamination of procured human organs in accordance with best medical practices . ### member states shall ensure that donation takes place in appropriate facilities , which are designed , constructed , maintained and operated so as to comply with the requirements laid down in this directive and which allow minimising bacterial or other contamination of procured human organs in accordance with best medical practices . these facilities shall meet operating theatre standards .


### the organisations , bodies or companies involved in the transportation of organs have appropriate standard operating procedures in place to ensure the integrity of the organ during transport and that transport time is minimised . ### the organisation involved in the transportation of organs ensure that the organ is transported with due care ;


### – identification of the procurement organisation , including its address and telephone number ; ### – identification of the procurement organisation and the donor ' s hospital , including its address and telephone number ;


### the competent authority shall indicate in the accreditation , designation , authorisation or licence which activities the transplantation centre concerned may undertake . ### the competent authority shall indicate in the authorisation which activities the transplantation centre concerned may undertake .


### member states shall ensure that there is a reporting system in place to report , investigate , register and transmit relevant and necessary information concerning serious adverse events and reactions that may influence the quality and safety of human organs and which may be attributed to the procurement , testing , and transport of organs , as well as any serious adverse reaction observed during or after transplantation which may be connected to those activities . ### member states shall ensure that there is a reporting system in place to report , investigate , register and transmit relevant and necessary information concerning serious unexpected adverse events and reactions that may influence the quality and safety of human organs and which may be attributed to the procurement , testing , and transport of organs , as well as any serious adverse reaction observed during or after transplantation which may be connected to those activities .


### member states shall ensure that donations of human organs from deceased and living donors are voluntary and unpaid . ### member states shall ensure that donations of human organs from deceased and living donors are altruistic , voluntary and unpaid .


### member states shall ensure that living donors are selected on the basis of their health and medical history , including a psychological evaluation if deemed necessary , by qualified and trained professionals . such assessments may provide for the exclusion of persons whose donation could present a health risk to others , such as the possibility of transmitting diseases , or a serious risk to themselves . ### member states shall ensure that living donors are selected on the basis of their health and medical history , including a psychological evaluation if deemed necessary , by qualified and trained professionals . such assessments may provide for the exclusion of persons whose donation could present a health risk to others , such as the possibility of transmitting diseases , or a serious risk to themselves . member states shall also ensure that living donors are legally insured .


### the competent authorities shall , in particular , take the following measures : ### the competent authority or institution shall , in particular , take the following measures :


### put in place a reporting system and a system for the recall of organs as provided for in article 11 and ; ### put in place a reporting and management system and a system for severe adverse events and / or reactions as provided for in article 11 and ;


### member states shall ensure that the competent authority : ### member states shall ensure that the competent body or bodies , organisation or institution :


### establishes and maintains a register of procurement organisations and transplantation centres . ### establishes and maintains a register of health care establishments , teams or departments of a hospital or another establishment authorised to procure human organs and transplantation centres .


### member states shall , upon the request of the commission or another member state , provide information on the register of procurement organisations and transplantation centres . ### member states shall , upon the request of the commission or another member state , provide information on the register of health care establishments , teams or departments of a hospital or another establishment authorised to procure human organs and transplantation centres .


### the commission shall set up a network of the competent authorities with a view to exchanging information on the experience acquired with regard to the implementation of this directive . ### the commission shall set up a network of the competent body , organisation or institution with a view to exchanging information on the experience acquired with regard to the implementation of this directive .


### member states shall ensure that all exchanges of organs from or to third countries , are authorised by the competent authority . ### member states shall ensure that all exchanges of organs from or to third countries , are authorised by the competent authority / organisation / institution . the competent authority shall consult with the national data protection authority for developing a framework for the transfer of data relating to the exchange of organs to and from third countries . the specific regime for the transfer of personal data to third countries as laid down in articles 25 and 26 of directive 95 / 46 / ec shall apply .


### meet quality and safety requirements equivalent to the ones laid down in this directive . ### meet quality and safety as well as donor and recipient protection requirements equivalent to the ones laid down in this directive .


### member states shall report to the commission before &#8230 ; &#8230 ; &#8230 ; &#8230 ; . and every three years thereafter on the activities undertaken in relation to the provisions of this directive , and on the experience gained in implementing it . 2 . before …… . and every three years thereafter , the commission shall transmit to the european parliament , the council , the european economic and social committee and the committee of the regions , a report on the implementation of this directive . ### member states shall report to the commission before . . . * and every three years thereafter on the activities undertaken in relation to the provisions of this directive , and on the experience gained in implementing it . 2 . before . . . ** and every three years thereafter , the commission shall transmit to the european parliament , the council , the european economic and social committee and the committee of the regions , a report on the implementation of this directive . * 2 years after the entry into force of this directive . ** 3 years after the entry into force of this directive .


### member states shall lay down the rules on penalties applicable to infringements of the national provisions adopted pursuant to this directive and shall take all measures necessary to ensure that the penalties are implemented . the penalties provided for must be effective , proportionate and dissuasive . member states shall notify those provisions to the commission by [ … ] and shall notify it without delay of any subsequent amendments affecting them . ### member states shall lay down the rules on penalties applicable to infringements of the national provisions adopted pursuant to this directive and shall take all measures necessary to ensure that the penalties are implemented . the penalties provided for must be effective , proportionate and dissuasive . member states shall notify those provisions to the commission by* and shall notify it without delay of any subsequent amendments affecting them . * 2 years after the entry into force of this directive .


### detailed rules for the uniform implementation of this directive , and in particular for the following measures , shall be adopted in accordance with the procedure referred to in article 26 : ### appropriate rules for the uniform implementation of this directive , and in particular for the following measures , shall be adopted in accordance with the procedure referred to in article 26 :


### the establishment and functioning of the network of the competent authorities referred to in article 20 . ### the establishment and ability to function of the network of the competent authorities referred to in article 20 .


### member states shall bring into force the laws , regulations and administrative provisions necessary to comply with this directive by [ . . . ] at the latest . they shall forthwith communicate to the commission the text of those provisions and a correlation table between those provisions and this directive . ### member states shall bring into force the laws , regulations and administrative provisions necessary to comply with this directive by . . . * at the latest . they shall forthwith communicate to the commission the text of those provisions . * 2 years after the entry into force of this directive .


### for the purpose of article 7 the following information shall be gathered by the procurement organisation or procurement team on the characteristics of the organ and of the donor , following testing where necessary and processed in line with the legal requirements on the protection of personal data and confidentiality : ### for the purpose of article 7 the following information shall be gathered by the procurement organisation or procurement team on the characteristics of the organ and of the donor , bearing in mind the individual circumstances , and processed in line with the legal requirements on the protection of personal data and confidentiality . in the absence of data , a decision shall be taken about the transplant after individual risk assessment of the donor and the recipient :


### the rules concerning the management of intellectual property rights are defined in the rules for participation . ### the rules concerning the management of intellectual property rights and dissemination of results are defined in the rules for participation and must ensure the right balance between the right holders and the users . the european commission , in consultation with the eit , should provide guidance on innovative intellectual property rights models promoting knowledge transfer and dissemination , both within the context of the kics and more widely across the eu .


### the eit should directly engage with national and regional representatives and other stakeholders from across the innovation chain , generating beneficial effects on both sides . in order to render such dialogue and exchange more systematic , an eit stakeholder forum should be organised , bringing together the wider community of stakeholders around cross - cutting issues . ### the eit should directly engage with national and regional representatives and other stakeholders from across the innovation chain , generating beneficial effects on both sides and further developing a strong eu - wide brand for eit as a centre of innovation . in order to render such dialogue and exchange more systematic , an eit stakeholder forum should be organised , bringing together , under a common platform , all knowledge and innovation communities and the wider community of stakeholders around cross - cutting issues .