### the achievement of the objectives of the cfp would be undermined if union financial assistance under emff is disbursed to operators who , ex - ante , do not comply with requirements related to the public interest of conservation of marine biological resources . therefore only operators should be admissible who , within a particular period of time before lodging an application for aid , were not involved in the operation , management or ownership of fishing vessels included in the union iuu vessel list as set out in article 40 of council regulation no 1005 / 2008 of 29 september 2008 establishing a community system to prevent , deter and eliminate illegal , unreported and unregulated fishing , amending regulation no 2847 / 93 , no 1936 / 2001 and no 601 / 2004 and repealing regulations no 1093 / 94 and no 1447 / 1999 , and who have not committed a serious infringement under 42 of the regulation no 1005 / 2008 or article 90 of the regulation no 1224 / 2009 of 20 november 2009 establishing a community control system for ensuring compliance with the rules of the common fisheries policy , amending regulations no 847 / 96 , no 2371 / 2002 , no 811 / 2004 , no 768 / 2005 , no 2115 / 2005 , no 2166 / 2005 , no 388 / 2006 , no 509 / 2007 , no 676 / 2007 , no 1098 / 2007 , no 1300 / 2008 , no 1342 / 2008 and repealing regulations no 2847 / 93 , no 1627 / 94 and no 1966 / 2006 . or other cases of non - compliance with cfp rules which particularly jeopardise the sustainability of the stocks concerned and constitute a serious threats to the sustainable exploitation of living marine biological resources that restores and maintains populations of harvested species above levels which can produce the maximum sustainable yield . ### the achievement of the objectives of the cfp would be undermined if union financial assistance under emff is disbursed to operators who , ex - ante , do not comply with requirements related to the public interest of conservation of marine biological resources . therefore only operators should be admissible who , within a particular period of time before lodging an application for aid , were not involved in the operation , management or ownership of fishing vessels included in the union iuu vessel list as set out in article 40 of council regulation no 1005 / 2008 of 29 september 2008 establishing a community system to prevent , deter and eliminate illegal , unreported and unregulated fishing , amending regulation no 2847 / 93 , no 1936 / 2001 and no 601 / 2004 and repealing regulations no 1093 / 94 and no 1447 / 1999 , and who have not committed a serious infringement under 42 of the regulation no 1005 / 2008 or article 90 of the regulation no 1224 / 2009 of 20 november 2009 establishing a community control system for ensuring compliance with the rules of the common fisheries policy , amending regulations no 847 / 96 , no 2371 / 2002 , no 811 / 2004 , no 768 / 2005 , no 2115 / 2005 , no 2166 / 2005 , no 388 / 2006 , no 509 / 2007 , no 676 / 2007 , no 1098 / 2007 , no 1300 / 2008 , no 1342 / 2008 and repealing regulations no 2847 / 93 , no 1627 / 94 and no 1966 / 2006 . or other cases of non - compliance with cfp rules which particularly jeopardise the sustainability of the stocks concerned and constitute a serious threats to the sustainable exploitation of living marine biological resources that restores and maintains populations of harvested species at levels close to the maximum sustainable yield .


### conscious of the potential that diversification offers for small scale coastal fishermen and their crucial role in coastal communities , the emff should help diversification by covering business start - ups and investments for the retrofitting of their vessels , in addition to the relevant training to acquire professional skills in the relevant field outside fishing activities . ### conscious of the potential that diversification offers for fishermen and their crucial role in coastal communities , the emff should help diversification by covering business start - ups and investments for the retrofitting of their vessels , in addition to the relevant training to acquire professional skills in the relevant field outside fishing activities .


### in order to address health and safety needs on board , the emff should support investments covering safety and hygiene on board . ### in order to address health and safety needs , the emff should support investments covering this aim .


### the objective of the common fisheries policy is to ensure a sustainable exploitation of fish stocks . overcapacity has been identified as a major driver for overfishing . it is therefore paramount to adapt the union fishing fleet to the resources available . the removal of overcapacity through public aid such as temporary or permanent cessation and scrapping schemes has proven ineffective . the emff will therefore support the establishment and management of systems of transferable fishing concessions aiming at the reduction of overcapacity and increased economic performance and profitability of the operators concerned . ### the objective of the common fisheries policy is to ensure a sustainable exploitation of fish stocks . overcapacity has been identified as a major driver for overfishing . it is therefore paramount to adapt the union fishing fleet to the resources available . to achieve this objective , public aid for temporary suspension and permanent cessation schemes and scrapping should be retained . furthermore , the emff will therefore support the establishment and management of systems of transferable fishing concessions aiming at the reduction of overcapacity and increased economic performance and profitability of the operators concerned .


### in line with the discard ban introduced by the cfp , the emff should support investments on board aiming at make the best use of unwanted fish caught and valorise underused components of the fish caught . considering the scarcity of the resources , in order to maximise the value of the fish caught , the emff should also support investments on board aiming at adding commercial value to fish caught . ### in line with the gradual reduction of discards introduced by the cfp , the emff should support investments on board aiming at make the best use of unwanted fish caught and valorise underused components of the fish caught . considering the scarcity of the resources , in order to maximise the value of the fish caught , the emff should also support investments on board aiming at adding commercial value to fish caught .


### conscious of the importance of fishing ports , landing sites and shelters , the emff should support relevant investments in particular to increase energy efficiency , environmental protection , the quality of the product landed , as well as safety and working conditions . ### conscious of the importance of fishing ports , landing sites , shelters and auction halls , the emff should support relevant investments in particular to increase energy efficiency , environmental protection , the quality of the product landed , as well as safety and working conditions .


### recognizing the risk of investments in aquaculture activities , the emff should contribute to business security by covering access to stock insurance and therefore safeguarding the income of producers in case of abnormal production losses due in particular to natural disasters , adverse climatic events , sudden water quality changes , diseases or pest infestations and destruction of production facilities . ### recognising the risk of investments in aquaculture activities , the emff should contribute to business security by covering access to stock insurance and therefore safeguarding the income of producers in case of abnormal production losses due in particular to natural disasters , adverse climatic events , sudden water quality changes , diseases or pest infestations , expenses resulting from the gathering and destruction of animals that have died on the farm and destruction of production facilities .


### conscious of the importance of ensuring conservation of marine biological and protecting fish stocks in particular from illegal fishing and in the spirit of the conclusions drawn in the green paper on the reform of the cfp , those operators who do not comply with the rules of the cfp , and particularly jeopardise the sustainability of the stocks concerned and constitute therefore a serious threat to the sustainable exploitation of living marine biological resources that restores and maintains populations of harvested species above levels which can produce the msy , and those who are involved in iuu fishing should be excluded from support under the emff . union funding should not at any stage from the selection to the implementation of an operation be used to undermine the public interest of conservation of marine biological resources expressed in the objectives of the cfp regulation . ### conscious of the importance of ensuring conservation of marine biological and protecting fish stocks in particular from illegal fishing and in the spirit of the conclusions drawn in the green paper on the reform of the cfp , those operators who do not comply with the rules of the cfp , and particularly jeopardise the sustainability of the stocks concerned and constitute therefore a serious threat to the sustainable exploitation of living marine biological resources that restores and maintains populations of harvested species at levels close to the msy , and those who are involved in iuu fishing should be excluded from support under the emff . union funding should not at any stage from the selection to the implementation of an operation be used to undermine the public interest of conservation of marine biological resources expressed in the objectives of the cfp regulation .


### ‘ fisheries area’ means an area with sea or lake shore or including ponds or a river estuary with a significant level of employment in fisheries or aquaculture and designated as such by the member state ; ### ‘ fisheries area’ means an area with sea , river or lake shore or including ponds or a river estuary with a significant level of employment in fisheries or aquaculture and designated as such by the member state ;


### ‘ integrated maritime policy’ means a union policy whose aim is to foster coordinated and coherent decision making to maximise the sustainable development , economic growth and social cohesion of member states , and notably the coastal , insular and outermost regions in the union , as well as maritime sectors , through coherent maritime - related policies and relevant international cooperation ; ### ‘ integrated maritime policy’ means a union policy whose aim is to establish and implement an integrated , coherent , transparent and sustainable decision making procedure for oceans , seas in coastal , island and outermost regions and for maritime sectors ;


### promoting sustainable and competitive fisheries and aquaculture ; ### promoting competitive fisheries and aquaculture , including processing and marketing , as well as the economic , social and environmental sustainability of these areas ;


### diversification of fisheries activities into other sectors of maritime economy and growth of maritime economy , including mitigation of climate change . ### diversification of fishing activities , including diversification into other sectors of the maritime economy .


### construction of new fishing vessels , decommissioning or importation of fishing vessels ; ### importation of fishing vessels ;


### construction of new fishing vessels , decommissioning or importation of fishing vessels ; ### construction of new fishing vessels or importation of fishing vessels ;


### the resources allocated to compensation of outermost regions under chapter v of title v , shall not exceed per year : – eur 4 300 000 for the azores and madeira ; – eur 5 800 000 for the canary islands ; – eur 4 900 000 for the french guiana and réunion . ### the resources allocated to compensation of outermost regions under chapter v of title v , shall not exceed per year : – eur 8 300 000 for the azores and madeira ; – eur 11 600 000 for the canary islands ; – eur 9 800 000 for french guiana and réunion .


### budgetary resources under direct management an amount of eur 1 047 000 000 of the emff shall allocated to measures under direct management as specified in chapter i and ii of title vi . this amount includes technical assistance under article 91 . ### budgetary resources under direct management an amount of eur 1 032 000 000 of the emff shall be allocated to measures under direct management as specified in chapter i and ii of title vi . this amount includes technical assistance under article 91 .


### promoting the social dialogue at national , regional or local level involving fishermen and other relevant stakeholders . ### the promotion of social dialogue at national , regional or local level involving operators in the fisheries sector and other relevant stakeholders .


### the support referred to in paragraph 1 shall also be granted to spouses of self - employed fishermen or , when and in so far as recognised by national law , the life partners of self - employed fishermen , not being employees or business partners , where they habitually , under the conditions laid down by national law , participate in the activities of the self - employed fishermen or perform ancillary tasks . ### the support referred to in paragraph 1 shall also be granted to spouses of self - employed operators in the fisheries sector or , when and in so far as recognised by national law , the life partners of self - employed operators in the fisheries sector , not being employees or business partners , where they habitually , under the conditions laid down by national law , participate in the activities of the self - employed fishermen or perform ancillary tasks .


### in order to facilitate diversification and job creation outside fishing , the emff may support : ### in order to facilitate job creation , the emff may support business start - ups in the fisheries sector and the development of ancillary activities connected to fishing .


### support under paragraph 1 shall be granted to fishermen who : ### support under paragraph 1 shall be granted to operators in the fisheries sector who :


### the amount of financial assistance granted under paragraph 1 shall not exceed 50% of the budget foreseen in the business plan for each operation and shall not exceed a maximum amount of 50 000 eur for each operation . ### the amount of financial assistance granted under paragraph 1 shall not exceed 50% of the budget foreseen in the business plan for each operation .


### health and safety on board ### health and safety at work


### in order to improve working conditions on board for fishermen the emff may support investments on board or in individual equipments providing that these investments go beyond standards required under national or union law . ### in order to improve working conditions for operators in the fisheries sector , the emff may provide support for investments or individual equipment geared towards improving safety , working conditions , hygiene , product quality , energy efficiency and selectivity , providing that this does not increase fishing capacity .


### the support shall be granted to fishermen or owners of fishing vessels . ### the support shall be granted to operators in the fisheries sector or owners of fishing vessels or of fishing gear .


### the commission shall be empowered to adopt delegated acts in accordance with article 150 in order to identify the types of operations eligible under paragraph 1 . ### the operations eligible for support shall be included in the operational programme and in the selection criteria .


### in order to reduce the impact of fishing on the marine environment , foster the elimination of discards and facilitate the transition to exploitation of living marine biological resources that restores and maintains populations of harvested species above levels which can produce the msy , the emff may support investments in equipment : ### in order to reduce the impact of fishing on the marine environment , foster the reduction of discards and facilitate the transition to exploitation of living marine biological resources that restores and maintains populations of harvested species at levels approaching the msy , the emff may support investments in equipment :


### organisations of fishermen recognised by the member state . ### actors involved in the fisheries sector who own the gear to be replaced and who have conducted fisheries activities for at least 60 days during the two years preceding the date of submission of the application ;


### in order to contribute to the elimination of discards and by - catches and facilitate the transition to exploitation of living marine biological resources that restores and maintains populations of harvested species above levels which can produce the msy , the emff may support projects aiming at developing or introducing new technical or organisational knowledge reducing impacts of fishing activities on the environment or achieving a more sustainable use of marine biological resources . ### in order to contribute to the reduction of discards and by - catches and facilitate the transition to exploitation of living marine biological resources that restores and maintains populations of harvested species at levels close to the msy , the emff may support projects aiming at developing or introducing new technical or organisational knowledge reducing impacts of fishing activities on the environment or achieving a more sustainable use of marine biological resources .


### support shall not contribute to the replacement or modernisation of main or ancillary engines . support shall only be granted to owners of fishing vessels and not more than once during the programming period for the same fishing vessel . ### support shall only be granted to owners of fishing vessels .


### fishing ports , landing sites and shelters ### fishing ports , landing sites , shelters and auction halls


### for the purpose of increasing the quality of the product landed , increasing energy efficiency , contributing to environmental protection or improving safety and working conditions , the emff may support investments improving fishing port infrastructure or landing sites , including investments in facilities for waste and marine litter collection . ### the emff may support investments improving fishing port infrastructure , landing sites and fish markets . the investments shall relate in particular to : the improvement of the quality and freshness of the product landed ; the improvement of landing , processing , storage and auction conditions ; measures to reduce unwanted catches and measures to make best use of unwanted catches of commercial stocks , if any are landed , and to valorise underused components of fish caught ; energy efficiency ; environmental protection , particularly the collection , storage and treatment of waste and marine litter collection ; the improvement of safety and working conditions ; the provision of fuel , ice , water and electricity ; equipment for the repair and maintenance of fishing vessels ; construction , modernisation and extension of quays , to improve safety during landing or loading ; computerised management of fishing activities ; the networking of fishing ports , landing sites and fish markets .


### for the purpose of increasing the quality of the product landed , increasing energy efficiency , contributing to environmental protection or improving safety and working conditions , the emff may support investments improving fishing port infrastructure or landing sites , including investments in facilities for waste and marine litter collection . ### for the purpose of increasing the quality of the product landed , increasing energy efficiency , contributing to environmental protection , improving safety and working conditions , optimising the provision of fuel , water , ice and electricity , optimising the storage and auction of fisheries products and assuring the computerised management of fishing activities , the emff may support investments improving fishing port infrastructure , landing sites and auction halls , including investments in facilities for waste and marine litter collection .


### support shall not cover the construction of new ports , new landing sites or new auction halls . ### support shall not cover the construction of new ports or new landing sites .


### diversification of the income of aquaculture enterprises through the development of complementary activities outside aquaculture . ### diversification of the income of aquaculture enterprises through the development of complementary activities outside their core aquacultural activity .


### support under paragraph 1 shall be granted only to aquaculture enterprises provided that the complementary activities outside aquaculture relate to the core aquaculture business of enterprise , such as angling tourism , aquaculture environmental services or educational activities on aquaculture . ### support under paragraph 1 shall be granted only to aquaculture enterprises for activities complementary to their core aquaculture activity , such as angling tourism , aquaculture environmental services or educational activities on aquaculture .


### support under paragraph shall only be granted to public law bodies selected to set up the farm advisory services . support under paragraph shall only be granted to aquaculture smes or aquaculture producer ' s organisations . ### support under paragraph shall only be granted to public law bodies selected to set up the farm advisory services . support under paragraph shall only be granted to aquaculture smes or producer organisations or associations .


### forms of extensive aquaculture including conservation and improvement of the environment , biodiversity , and management of the landscape and traditional features of aquaculture zones . ### forms of aquaculture aimed at conservation and improvement of the environment , biodiversity and management of the landscape and traditional features of aquaculture zones .


### supporting diversification and job creation in fisheries areas , in particular in other maritime sectors ; ### supporting diversification and job creation in fisheries areas , including in other maritime sectors ;


### the support given may include measures provided for chapters i and ii of this title , provided there is a clear rational for their management at local level . when assistance is granted for operations corresponding to these measures , the relevant conditions and the scales of contribution per operation laid down in chapters i and ii of this title shall apply . ### the support given may include measures provided for chapters i , ii and iv of this title , provided there is a clear rational for their management at local level . when assistance is granted for operations corresponding to these measures , the relevant conditions and the scales of contribution per operation laid down in chapters i , ii and iv of this title shall apply .


### the financial assistance per year shall not exceed the following percentages of the average annual value of the marketed production at first sale of the members of producer organisation in the period 2009 - 2011 . in the case that members of producer organisation did not have any marketed production in 2009 - 2011 , the average annual value of marketed production in the first three years of production of such member shall be taken into account : – 1% in 2014 – 0 . 8% in 2015 – 0 . 6% in 2016 – 0 . 4% in 2017 – 0 . 2% in 2018 ### the financial assistance per year shall not exceed 2% of the average annual value of the marketed production at first sale of the members of producer organisation in the period 2009 - 2011 . in the case that members of producer organisation did not have any marketed production in 2009 - 2011 , the average annual value of marketed production in the first three years of production of such member shall be taken into account :


### direct marketing of fishery products by small scale coastal fishermen . ### direct marketing of fishery products by small scale coastal fishermen and those who gather seafood by hand .


### each member state concerned shall determine for the regions referred to in paragraph 1 the list of fishery and aquaculture products and the quantity of those products eligible for the compensation . ### each member state concerned , in partnership with the competent regional authorities , shall determine for the regions referred to in paragraph 1 the list of fishery and aquaculture products and the quantity of those products eligible for the compensation .


### the member states concerned shall submit to the commission a compensation plan for each region concerned including the list and quantities referred to in article 73 , the level of compensation referred to in article 74 and the competent authority as laid down in article 108 . ### the member states concerned , in partnership with the competent regional authorities , shall submit to the commission a compensation plan for each region concerned including the list and quantities referred to in article 73 , the level of compensation referred to in article 74 and the competent authority as laid down in article 108 .


### in addition to the general rules of article 72 of [ regulation no [ . . . ] laying down common provisions ] , and following the commission decision approving the operational 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 operational programme concerned . it may be split into two instalments depending on budget availability . ### in addition to the general rules of article 72 of [ regulation no [ . . . ] laying down common provisions ] , and following the commission decision approving the operational programme , an initial pre - financing amount for the whole programming period shall be paid by the commission . this shall represent 7% of the contribution from the union budget to the operational programme concerned . it may be split into two instalments depending on budget availability .


### by way of derogation from article 55 of [ regulation no [ . . . ] laying down common provisions ] , expenditure which becomes eligible because of an amendment of the programme under article 22 shall only be eligible as of 1st january of the year following the submission of the amendment . ### by way of derogation from article 55 of [ regulation no [ . . . ] laying down common provisions ] , expenditure which becomes eligible because of an amendment of the programme under article 22 shall only be eligible as of the date on which the amendment is submitted .


### the commission shall exercise the empowerment in full respect of the principle of proportionality and taking into account the risk that the non - compliance with the respective cfp rules constitutes a serious threats to the sustainable exploitation of living marine biological resources that restores and maintains populations of harvested species above levels which can produce the msy , the sustainability of the stocks concerned or the conservation of the marine environment . ### the commission shall exercise the empowerment in full respect of the principle of proportionality and taking into account the risk that the non - compliance with the respective cfp rules constitutes a serious threat to the sustainable exploitation of living marine biological resources that restores and maintains populations of harvested species at levels close to the msy , the sustainability of the stocks concerned or the conservation of the marine environment .


### each member state shall ensure that within its territory one or more investor - compensation schemes are introduced and officially recognized . except in the circumstances envisaged in the second subparagraph and in article 5 , no investment firm authorized in that member state or ucits authorized in that member state may carry on investment business or carry on activities as a ucits , unless it belongs to such a scheme . ### each member state shall ensure that within its territory one or more investor - compensation schemes are introduced and officially recognized . except in the circumstances envisaged in the second subparagraph and in article 5 , no investment firm authorized in that member state may carry on investment business , unless it belongs to such a scheme .


### claims arising out of transactions in connection with which a criminal conviction has been obtained for money laundering , as defined in article 1 of directive 2005 / 60 / ec of the european parliament and of the council , or arising out of conduct that is prohibited under directive 2003 / 6 / ec of the european parliament and of the council , shall be excluded from any compensation under investor - compensation schemes . ### claims arising out of transactions in connection with which a criminal conviction has been obtained for money laundering , as defined in article 1 of directive 2005 / 60 / ec of the european parliament and of the council , arising out of conduct that is prohibited under directive 2003 / 6 / ec of the european parliament and of the council , or related to the direct or indirect financing of terrorist groups as defined in council recommendation of 9 december 1999* , shall be excluded from any compensation under investor - compensation schemes . ________________ * oj c 373 , 23 . 12 . 1999 p . 1 .


### the situation referred to in point of this subparagraph is due to a lack of funds as referred to in article 4a ; ### the situation referred to in point of this subparagraph is due to the fact that the target level of funds as referred to in article 4a has not been reached ;


### if the measures referred to in paragraph 1 fail to secure compliance on the part of the investment firm , ucits , depositary or third party , the scheme may , with the express consent of the competent authorities , give not less than 12 months ' notice of its intention of excluding the investment firm , ucits , depositary or third party from membership of the scheme . the scheme shall continue to provide the coverage referred to in article 2 and in respect of investment business or ucits activities carried on during that period . if , on expiry of the period of notice , the investment firm , ucits , depositary or third party has not met its obligations , the compensation scheme may , again having obtained the express consent of the competent authorities , exclude it . ### if the measures referred to in paragraph 1 fail to secure compliance on the part of the investment firm , ucits , depositary or third party , the scheme may , with the express consent of the competent authorities , give not less than six months ' notice of its intention of excluding the investment firm , ucits , depositary or third party from membership of the scheme . the scheme shall continue to provide the coverage referred to in article 2 and in respect of investment business or ucits activities carried on during that period . if , on expiry of the period of notice , the investment firm , ucits , depositary or third party has not met its obligations , the compensation scheme may , again having obtained the express consent of the competent authorities , exclude it .


### where an investor is not entitled to the sums or securities held , the person who is entitled shall receive the compensation , provided that that person has been or can be identified before the date of the determination or ruling referred to in article 2 and . ### where an investor is not entitled to the sums or instruments held , the person who is entitled shall receive the compensation , provided that that person has been or can be identified before the date of the determination or ruling referred to in article 2 and .


### the fact that that period has expired may not be invoked by the scheme to deny coverage to an investor who has been unable to assert his right to compensation in time . ### the fact that that period has expired may not be invoked by the scheme to deny coverage to an investor who has been unable to assert his right to compensation in time , save in the situation of negligence on the part of the investor .


### notwithstanding the time limit laid down in the first subparagraph of paragraph 2 , where an investor or any other person entitled to or having an interest in investment business has been charged with an offence arising out of or in relation to money laundering as defined in article 1 of directive 2005 / 60 / ec or is the subject of action for contravention of directive 2003 / 6 / ec , the compensation scheme may suspend any payment pending the judgment of the court or determination of a competent authority . ### notwithstanding the time limit laid down in the first subparagraph of paragraph 2 , where an investor or any other person entitled to or having an interest in investment business has been charged with an offence arising out of or in relation to money laundering as defined in article 1 of directive 2005 / 60 / ec in relation to money that is the subject of this directive , or is the subject of action for contravention of directive 2003 / 6 / ec , the compensation scheme may suspend any payment pending the judgment of the court or determination of a competent authority .


### without prejudice to any other rights which they may have under national law , schemes which make payments in order to compensate investors shall have the right of subrogation to the rights of those investors in liquidation proceedings for amounts equal to their payments . ### without prejudice to any other rights which they may have under national law , schemes which make payments in order to compensate investors shall have the right of subrogation to the rights of those in liquidation proceedings for amounts equal to their payments .


### article 20 of the treaty provides for citizenship of the union as additional to national citizenship of the respective member states , stipulating that every person holding the nationality of a member state shall be a citizen of the union . the second paragraph of article 20 specifies that citizens of the union shall enjoy the rights and be subject to the duties provided for in the treaties , and that they shall have , inter alia , the right to move and reside freely within the territory of the member states . the right of union citizens to free movement and residence is further enshrined in article 21 of the treaty . ### article 20 of the treaty provides for citizenship of the union as additional to , and not a replacement of , national citizenship of the respective member states , stipulating that every person holding the nationality of a member state shall be a citizen of the union . the second paragraph of article 20 specifies that citizens of the union shall enjoy the rights and be subject to the duties provided for in the treaties , and that they shall have , inter alia , the right to move and reside freely within the territory of the member states . the right of union citizens to free movement and residence is further enshrined in article 21 of the treaty .


### the entry into force of the lisbon treaty strengthened the status of union citizenship and complemented the rights attached to it , including by introducing a new right , the citizens ' initiative , which enables one million citizens , from a significant number of member states , to ask the commission to present a proposal in any of the eu ' s areas of responsibility . ### the entry into force of the lisbon treaty strengthened the status of union citizenship and complemented the rights attached to it , including by introducing a new right , the citizens ' initiative , which enables at least one million eligible signatories coming from at least one quarter of all member states , to ask the commission to present a proposal in any of the eu ' s areas of responsibility .


### in particular , free movement and workers ' mobility help addressing the consequences of demographic change on the labour market , while also increasing the employability of people and improving the competitiveness of european industries . at the same time , free movement either enables , as an essential condition , or stimulates the exercise by citizens of a broad range of rights available to them under union law , such as their rights as consumers to access goods and services or their rights as passengers and tourists . facilitating free movement has therefore the potential to enhance citizens ' possibilities to fully benefit from the single market , whilst being a key driver for growth . ### in particular , free movement and workers ' mobility help addressing the consequences of demographic change on the labour market , while also increasing the employability of people , improving the competitiveness of european industries , and , in the long term , supporting research and innovation in the union . at the same time , free movement either enables , as an essential condition , or stimulates the exercise by citizens of a broad range of rights available to them under union law , such as their rights as consumers to access goods and services or their rights as passengers and tourists . facilitating free movement has therefore the potential to enhance citizens ' possibilities to fully benefit from the single market , whilst being a key driver for growth .


### in particular , free movement and workers ' mobility help addressing the consequences of demographic change on the labour market , while also increasing the employability of people and improving the competitiveness of european industries . at the same time , free movement either enables , as an essential condition , or stimulates the exercise by citizens of a broad range of rights available to them under union law , such as their rights as consumers to access goods and services or their rights as passengers and tourists . facilitating free movement has therefore the potential to enhance citizens ' possibilities to fully benefit from the single market , whilst being a key driver for growth . ### in particular , free movement and workers ' mobility help addressing the consequences of demographic change on the labour market , while also increasing the employability of people and improving the competitiveness of european industries . at the same time , free movement either enables , as an essential condition , or stimulates the exercise by citizens of a broad range of rights available to them under union law , such as their rights as consumers to access goods and services or their rights as passengers and tourists . facilitating free movement has therefore the potential to enhance citizens ' possibilities to fully benefit from the single market , whilst being a key driver for growth . moreover , it is socially and culturally enriching and helps people to overcome language barriers .


### the right to move and reside freely within the territory of the member states is highly valued by union citizens as a core individual right deriving from union citizenship . as such , it demonstrates and promotes a better understanding of the value of european integration , as well as citizens ' participation in shaping the european union . when extending aspects of their lives beyond national borders by travelling to other member states or settling there , citizens become aware and take advantage of the broad array of rights granted to them under union law in cross - border situations . exercising the right to free movement and residence therefore contributes to making union citizenship a tangible reality in the daily life of citizens . ### the right to move and reside freely within the territory of the member states is highly valued by union citizens as a core individual right deriving from union citizenship . as such , it demonstrates and promotes a better understanding of the value of european integration , as well as citizens ' participation in shaping the european union . when extending aspects of their lives beyond national borders by travelling to other member states or settling there , citizens become aware and take advantage of the broad array of rights granted to them under union law in cross - border situations . to enable people to exercise these rights , however , more information points – with associated , transparent and easily accessible websites – should be established , especially in border regions . exercising the right to free movement and residence therefore contributes to making union citizenship a tangible reality in the daily life of citizens .


### despite the fact that the right to free movement and residence is firmly anchored in primary union law and substantially developed in secondary law , a gap still remains between the applicable legal rules and the reality confronting citizens when they seek to exercise this right in practice . aside from an uncertainty over the advantages of being mobile , union citizens perceive too many practical obstacles with regard to living and working elsewhere in the union . ### despite the fact that the right to free movement and residence is firmly anchored in primary union law and substantially developed in secondary law , a gap still remains between the applicable legal rules and the reality confronting citizens when they seek to exercise this right in practice . aside from an uncertainty over the advantages of being mobile , union citizens perceive too many practical obstacles with regard to studying , living , working and studying elsewhere in the union .


### despite the fact that the right to free movement and residence is firmly anchored in primary union law and substantially developed in secondary law , a gap still remains between the applicable legal rules and the reality confronting citizens when they seek to exercise this right in practice . aside from an uncertainty over the advantages of being mobile , union citizens perceive too many practical obstacles with regard to living and working elsewhere in the union . ### despite the fact that the right to free movement and residence is firmly anchored in primary union law and substantially developed in secondary law , a gap still remains between the applicable legal rules and the reality confronting citizens when they seek to exercise this right in practice . aside from an uncertainty over the advantages of being mobile , union citizens perceive too many practical obstacles with regard to living and working elsewhere in the union . this is particularly apparent in those regions close to the internal borders , where it is especially common for people to live in a different member state from the one in which they work . with a view to strengthening economic and social cohesion , information about cross - border jobs therefore needs to be made more transparent and accessible . facilitating access , through more regular arrangements for exchanging information between member states in ways that are clearer and more easily understandable to job seekers , is also urgently necessary in relation to the recruitment of skilled workers .


### given that the right to free movement significantly improves individuals ' lives , it is vital that information about the existence of this right and the conditions for exercising it is available as broadly as possible . as all union citizens are potential beneficiaries of this right , awareness raising efforts should be made across the union . ### given that the right to free movement significantly improves individuals ' lives , it is vital that easily accessible , transparent information about the existence of this right and the conditions for exercising it is available as broadly as possible . as all union citizens are potential beneficiaries of this right , awareness raising efforts should be made across the union .


### enhanced citizens ' awareness of the benefits of these rights for them individually and for society can also contribute to a stronger sense of belonging and adherence to the union . ### enhanced citizens ' awareness of the benefits of these rights for them individually and for society can also contribute to a stronger sense of belonging to the union , as well as sharing in a cultural heritage that binds people together , and can strengthen adherence to it .


### this european year should make full use of existing participatory tools and the rights enshrined in articles 10 and 11 of the treaty on european union to stimulate citizens ' involvement in the process of implementing the 2013 action plan for the removal of obstacles to the enjoyment of their rights and , more broadly , in defining union policies that give concrete effect to their rights . european civil society organisations will have a central role in this respect . ### this european year should make full use of existing participatory tools and the rights enshrined in articles 10 and 11 of the treaty on european union to stimulate citizens ' involvement in the process of implementing the 2013 action plan for the removal of obstacles to the enjoyment of their rights and , more broadly , in defining union policies that give concrete effect to their rights . european civil society organisations will have a central role in this respect . practice - based organisations and projects rooted in civil society should therefore receive particular support .


### the general purpose of the european year shall be to enhance awareness of the rights attached to union citizenship , in order to help citizens make full use of their right to move and reside freely within the territory of the member states . in this context , the european year shall focus , among others , on the opportunities for civic participation and access to rights by union citizens residing in another member state than their own , by students , workers , consumers , and providers of goods and services across the union . ### the general purpose of the european year shall be to enhance awareness of the rights attached to union citizenship , in order to help citizens make full use of their right to move and reside freely within the territory of the member states . in this context , the european year shall focus , among others , on the opportunities for civic and political participation and access to rights by union citizens residing in another member state than their own , by students , workers , consumers , and providers of goods and services across the union .


### – exchange of information , sharing of experience and good practices of national , regional , local administrations and other organisations ; ### – exchange of information , sharing of experience and good practices of national , regional and local administrations , associations , ngos and other organisations ;


### – strengthening of the role and visibility of the multilingual europe direct and your europe web portal as key elements of a ‘ one - stop - shop’ information system on union citizens ' rights ; ### – strengthening of the role and visibility of the multilingual europe direct , the network of european consumer centres and the online dispute resolution and alternative dispute resolution tools , and your europe web portal as key elements of a ‘ one - stop - shop’ information system on union citizens ' rights ;


###  production and dissemination of audiovisual and print material which reflect the messages outlined in article 2 ; ### production and dissemination of audiovisual and print material and of targeted promotional items which reflect the messages outlined in article 2 ;


### consumers should be provided in advance with clear information about the status of the persons who sell the insurance product and about the remuneration which they receive . there is a need to introduce a mandatory status disclosure for european insurance intermediaries and insurance undertakings . this information should be given to the consumer at the pre - contractual stage . its role is to show the relationship between the insurance undertaking and the intermediary as well as the structure and the content of the intermediaries ' remuneration . ### consumers should be provided in advance with clear information about the status of the persons who sell the insurance product . there is a need to introduce a mandatory status disclosure for european insurance intermediaries and insurance undertakings . this information should be given to the consumer at the pre - contractual stage . its role is to show the relationship between the insurance undertaking and the intermediary as well as the structure of the intermediaries ' remuneration .


### the amount of the annual premium for the insurance contract , when pro - rated to produce an annual amount , does not exceed eur 600 . ### the amount of the annual premium for the insurance contract , when pro - rated to produce an annual amount , does not exceed eur 600 . eiopa shall review the amount referred to in paragraph 2 regularly in order to take account of changes in the european index of consumer prices as published by eurostat . the first review shall take place five years after the entry into force of this directive and the successive reviews every five years after the previous review date . eiopa shall develop draft regulatory standards which adapt the base amount in euro referred to in paragraph 2 by the percentage change in that index over the period between the entry into force of this directive and the first review date or between the last review date and the new review date and rounded up to the nearest euro . eiopa shall submit those draft regulatory technical standards to the commission five years after the entry into force of this directive and the successive reviews every five years after the previous review date . power is conferred on the commission to adopt the implementing technical standards referred to in the first subparagraph in accordance with article 15 of regulation no 1094 / 2010 .


### . ‘ advice’ means the provision of a recommendation to a customer , either upon their request or at the initiative of the insurance undertaking or the insurance intermediary ; ### . ‘ advice’ means the provision of a personal recommendation to a customer , either upon their request or at the initiative of the insurance undertaking or the insurance intermediary , which is a separate activity from the mediation of insurance products or services ;


### member states may adjust the required conditions with regard to knowledge and ability in line with the particular activity of insurance or reinsurance mediation and the products mediated , particularly if the principal professional activity of the intermediary is other than insurance mediation . in such cases , that intermediary may pursue an activity of insurance mediation only if an insurance intermediary fulfilling the conditions of this article or an insurance undertaking assumes full responsibility for the intermediary ' s actions . member states may provide that in the cases referred to in the second subparagraph of article 3 , the insurance undertaking or intermediary shall verify that the knowledge and ability of the intermediaries are in conformity with the obligations set out in the first subparagraph of this paragraph and , if need be , shall provide such intermediaries with training which corresponds to the requirements concerning the products sold by the intermediaries . ### member states shall adjust the required conditions with regard to knowledge and ability in line with the particular activity of insurance or reinsurance mediation and the products mediated , particularly if the principal professional activity of the intermediary is other than insurance mediation . the training and monitoring requirements of this article should not directly apply to those intermediaries who provide insurance mediation on an ancillary basis , but to the insurance undertakings or other intermediaries under whose responsibility they act and who themselves fulfil these obligations . member states may provide that in the cases referred to in the second subparagraph of article 3 , the insurance undertaking or intermediary shall verify that the knowledge and ability of the intermediaries are in conformity with the obligations set out in the first subparagraph of this paragraph and , if need be , shall provide such intermediaries with training which corresponds to the requirements concerning the products sold by the intermediaries .


### insurance and reinsurance intermediaries shall hold professional indemnity insurance covering the whole territory of the union or some other comparable guarantee against liability arising from professional negligence , for at least eur 1 , 120 , 000 applying to each claim and in aggregate eur 1 , 680 , 000 per year for all claims , unless such insurance or comparable guarantee is already provided by an insurance undertaking , reinsurance undertaking or other undertaking on whose behalf the insurance or reinsurance intermediary is acting or for which the insurance or reinsurance intermediary is empowered to act or such undertaking has taken on full responsibility for the intermediary ' s actions . ### insurance and reinsurance intermediaries shall hold professional indemnity insurance or provide some other equivalent suretyship relative to : - the amount of mediation they undertake ; - whether or not insurance mediation is their main business activity ; and - the complexity of the products they mediate . it shall cover the whole territory of the union and provide suretyship against liability arising from professional negligence , for at least eur 1 , 120 , 000 applying to each claim and in aggregate eur 1 , 680 , 000 per year for all claims , unless such insurance or comparable suretyship is already provided by an insurance undertaking , reinsurance undertaking or other undertaking on whose behalf the insurance or reinsurance intermediary is acting or for which the insurance or reinsurance intermediary is empowered to act or such undertaking has taken on full responsibility for the intermediary ' s actions .


### when an insurance service or product is offered together with another service or product as a package , the insurance undertaking or , where applicable , the insurance intermediary shall offer and inform the customer that it is possible to buy the components of the package separately and shall provide information of the costs and charges of each component of the package that may be bought through or from it separately . ### in the case of bundling practices , the insurance undertaking or , where applicable , the insurance intermediary shall inform the customer whether it is possible to buy the components of the package separately and , if yes , shall provide information of the costs and charges of each component of the package that may be bought through or from it separately , at the client ' s request .


### the information referred to in this article should be provided in a comprehensible form in such a manner that the customers or potential customers are reasonably able to understand the nature and risks of the specific insurance product that is being offered and , consequently , to take investment decisions on an informed basis . this information may be provided in a standardised format . ### the information referred to in this article should be provided in a comprehensible form in such a manner that the customers or potential customers are reasonably able to understand the nature and risks of the specific insurance product type that is being offered and , consequently , to take investment decisions on an informed basis . this information may be provided in a standardised format .


### member states shall ensure that their administrative sanctions and measures are effective , proportionate and dissuasive . ### member states shall ensure that their administrative sanctions and measures are effective , proportionate , dissuasive corresponding to the complexity of the product or service .


### a delegated act adopted pursuant to articles 8 , 17 , 23 , 24 and 25 shall enter into force only if no objection has been expressed either by the european parliament or the council within a period of 2 months of notification of that act to the european parliament and the council or if , before the expiry of that period , the european parliament and the council have both informed the commission that they will not object . that period shall be extended by 2 months at the initiative of the european parliament or the council . ### a delegated act adopted pursuant to articles 23 and 25 shall enter into force only if no objection has been expressed either by the european parliament or the council within a period of 2 months of notification of that act to the european parliament and the council or if , before the expiry of that period , the european parliament and the council have both informed the commission that they will not object . that period shall be extended by 2 months at the initiative of the european parliament or the council .


### regulation no 851 / 2004 of the european parliament and of the council of 21 april 2004 establishing a european centre for disease prevention and control provides the ecdc with a mandate covering surveillance , detection and risk assessment of threats to human health from communicable diseases and outbreaks of unknown origin . the ecdc has progressively taken over the epidemiological surveillance of communicable diseases and the operation of the early warning and response system from the community network set up under decision no 2119 / 98 / ec . this development is not reflected in decision no 2119 / 98 / ec , which was adopted before the creation of the ecdc . ### regulation no 851 / 2004 of the european parliament and of the council of 21 april 2004 establishing a european centre for disease prevention and control provides the ecdc with a mandate covering surveillance , detection and risk assessment of threats to human health from communicable diseases and outbreaks of unknown origin , until their origin is known . the ecdc has progressively taken over the epidemiological surveillance of communicable diseases and the operation of the early warning and response system from the community network set up under decision no 2119 / 98 / ec . this development is not reflected in decision no 2119 / 98 / ec , which was adopted before the creation of the ecdc .


### in order to ensure that the assessment of risks to public health at the union level from serious cross - border threats to health is consistent as well as comprehensive from a public health perspective , the available scientific expertise should be mobilised in a coordinated manner , through appropriate channels or structures depending on the type of threat concerned . this risk assessment should be based on robust scientific evidence and independent expertise and provided by the agencies of the union in accordance with their missions , or otherwise by expert groups set up by the commission . ### in order to ensure that the assessment of risks to public health at the union level from serious cross - border threats to health is consistent as well as comprehensive from a public health perspective , the available scientific expertise should be mobilised in a coordinated manner , through appropriate channels or structures depending on the type of threat concerned . this risk assessment should be based on robust scientific evidence and independent expertise and provided by the agencies of the union in accordance with their missions , or otherwise by expert groups set up by the commission and the member states .


### in order to ensure uniform conditions for the implementation of this decision , implementing powers should be conferred on the commission to adopt implementing acts in relation to : the procedures for the coordination , the exchange of information and the mutual consultation on preparedness and response planning ; the adoption of a list of communicable diseases subject to the network of epidemiological surveillance and the procedures for the operation of such a network ; the setting up and termination of ad hoc monitoring networks and the procedures for the operation of such networks ; the adoption of case definitions for serious cross - border threats to health ; the procedures for the operation of the early warning and response system ; the procedures for the coordination of the responses of the member states ; the recognition of situations of emergency at union level or of pre - pandemic situations with respect to human influenza at union level . those implementing powers should be exercised in accordance with regulation no 182 / 2011 of the european parliament and of the council of 16 february 2011 laying down the rules and general principles concerning mechanisms for control by member states of the commission ' s exercise of implementing powers . ### in order to ensure uniform conditions for the implementation of this decision , implementing powers should be conferred on the commission to adopt implementing acts in relation to : the procedures for the coordination , the exchange of information and the mutual consultation on preparedness and response planning ; the adoption of a list of communicable diseases subject to the network of epidemiological surveillance and the procedures for the operation of such a network ; the adoption of case definitions for serious cross - border threats to health ; the procedures for the operation of the early warning and information system ; risk assessment procedures ; the recognition of situations of emergency at union level or of pre - pandemic situations with respect to human influenza at union level . those implementing powers should be exercised in accordance with regulation no 182 / 2011 of the european parliament and of the council of 16 february 2011 laying down the rules and general principles concerning mechanisms for control by member states of the commission ' s exercise of implementing powers .


### ' case definition ' means a set of commonly agreed diagnostic criteria that must be fulfilled in order to accurately detect cases of a targeted serious cross - border threat to health in a given population , while excluding the detection of other similar threats ; ### ' case definition ' means a set of commonly agreed diagnostic criteria that must be fulfilled in order to accurately detect cases of an identified serious cross - border threat to health in a given population , while excluding the detection of other similar threats ;


### ‘ communicable disease’ means an infectious disease caused by a contagious agent which may be transmitted from person to person by direct contact with an affected individual or by an indirect means such as exposure to a vector , fomite , product or environment , or exchange of fluid , contaminated with the contagious agent ; ### ' communicable disease ' means an infectious disease caused by a contagious agent which may be transmitted from person to person by direct contact with an affected individual or by an indirect means such as exposure to a vector , fomite , animal , product or environment , or exchange of fluid , contaminated with the contagious agent ;


### minimum core capacity standards determined at national level for the health sector ; ### minimum core capacity standards determined at national level for the health sector ; these shall also relate to preparations in the field of psychosocial emergency care ;


### a rapid alert system for notifying at the union level alerts in relation to serious cross - border threats to health , ' early warning and response system ' , is hereby established . this system shall bring into permanent communication the commission and the competent authorities responsible at national level for alerting , assessing public health risks and determining the measures that may be required to protect public health . ### a rapid alert system for notifying at the union level alerts in relation to serious cross - border threats to health , ' early warning and information system ' , is hereby established . this system shall bring into permanent communication the commission and the competent authorities responsible at national level for alerting , assessing public health risks and determining the measures that may be required to protect public health .


### in the eu citizenship report 2010 ‘ dismantling the obstacles to eu citizens’ rights ‘ , the commission addressed the main obstacles which citizens still encounter in their daily lives when they seek to exercise their rights as union citizens , in particular in cross - border situations and outlined 25 concrete actions to remove these obstacles . one of the obstacles identified in this context was lack of information . the commission concluded , in the eu citizenship report 2010 , that union citizens are prevented from enjoying their rights because they lack awareness of them and announced its intention to step up the dissemination of information to union citizens about their rights , in particular about their right to free movement . ### in the eu citizenship report 2010 ‘ dismantling the obstacles to eu citizens’ rights ‘ , the commission addressed the main obstacles which citizens still encounter in their daily lives , as consumers , residents , tourists , students , workers , professionals , political actors , people with disabilities , when they seek to exercise their rights as union citizens , in particular in cross - border situations and outlined 25 concrete actions to remove these obstacles . one of the obstacles identified in this context was lack of information . the commission concluded , in the eu citizenship report 2010 , that union citizens are prevented from enjoying their rights because they lack awareness of them and announced its intention to step up the dissemination of information to union citizens about their rights , in particular about their right to free movement .


### in particular , union citizens considering whether to make use of their right to free movement should be informed about their rights to acquire or preserve social security rights by virtue of the union rules on coordination of social security systems ; these rules ensure that they will not lose out on their social security rights when choosing to move within europe . they should further be informed about their right to obtain recognition of their professional qualifications and about the social and civic competences which form part of the european framework of ‘ key competences for lifelong learning’ and which can equip them to fully participate in civic life and empower them to exercise their rights under union law . ### in particular , union citizens considering whether to make use of their right to free movement should be informed about their rights to acquire or preserve social security rights by virtue of the union rules on coordination of social security systems ; these rules ensure that they will not lose out on their social security rights when choosing to move within europe . they should further be informed about their right to obtain recognition of their educational and professional qualifications and about the social and civic competences which form part of the european framework of ‘ key competences for lifelong learning’ and which can equip them to fully participate in civic life and empower them to exercise their rights under union law .


### – exchange of information , sharing of experience and good practices of national , regional , local administrations and other organisations ; ### – exchange of information and sharing of experience and good practices between local authorities , national , regional and other state organisations and civil - society organisations ;


### – conferences and events to promote debate and raise awareness of the importance and benefits of the right to free movement and residence and more generally citizens ' rights as union citizens ; ### – conferences , campaigns at schools and universities , hearings - also via the internet - and events at union , national , regional and local levels designed to promote debates and raise awareness of the anti - discrimination prevention and the importance and benefits of the citizens ' rights as union citizens , including of the right to free movement and residence ;


### when executing tasks at external borders and consulates in accordance with the schengen acquis on borders and visas , member states carry out activities in the interest of and on behalf of all other member states in the schengen area and thus performing a public service for the union . to express solidarity , the instrument should contribute to supporting operating costs related to border control and visa policy and enable member states to systematically maintain capabilities crucial for that service for all . such support consists of full reimbursement of a choice of costs related to the objectives under this instrument and will form an integral part of the national programmes . ### when executing tasks at external borders and consulates in accordance with the schengen acquis on borders and visas , member states carry out activities in the interest of and on behalf of all other member states in the schengen area and thus performing a public service for the union . to express solidarity , the instrument should contribute to supporting operating costs related to border control and visa policy and enable member states to systematically maintain capabilities crucial for that service for all . such support consists of full reimbursement of a choice of costs related to the objectives under this instrument and will form an integral part of the national programmes . to avoid duplication , fragmentation and cost inefficiency , the frontex agency should coordinate member states ' activities financed under the operating support .


### to ensure a uniform and high - quality external border control and to facilitate legitimate travel across external borders within the framework of the eu internal security strategy , the instrument should contribute to the development of a european common integrated border management system , which includes all the measures involving policy , legislation , systematic co - operation , the distribution of the burden , personnel , equipment and technology taken at different levels by the competent authorities of the member states , acting in co - operation with the frontex agency , with third - countries and , where necessary , with other actors , utilising , inter alia , the four - tier border security model and integrated risk analysis of the european union . ### to ensure a uniform and high - quality external border control and to facilitate legitimate travel across external borders within the framework of the eu internal security strategy , the instrument should contribute to the development of a european common integrated border management system , which includes all the measures involving policy , legislation , systematic co - operation , the distribution of the burden , assessment of the situation and changing circumstances regarding crossing points for illegal migrants , personnel , equipment and technology taken at different levels by the competent authorities of the member states , acting in co - operation with the frontex agency , with third - countries and , where necessary , with other actors , utilising , inter alia , the four - tier border security model and integrated risk analysis of the european union .


### the achievement of this objective shall be measured against indicators such as , inter alia , the number of consular posts equipped , secured and / or enhanced to ensure the efficient processing of visa applications and provide quality of service to visa applicants ### the achievement of this objective shall be measured against indicators such as , inter alia , the percentage of consular posts equipped , secured and / or enhanced to ensure the efficient processing of visa applications and provide quality of service to visa applicants and the percentage of overstayers per nationality


### supporting borders management , to ensure , on one hand , a high level of protection of external borders and , on the other hand , the smooth crossing of the external borders in conformity with the schengen acquis ### supporting eu integrated borders management , promoting further harmonisation and standardisation to ensure , on one hand , a high level of protection of external borders and , on the other hand , the smooth crossing of the external borders in conformity with the schengen acquis


### the achievement of this objective shall be measured against indicators such as , inter alia , the development of equipment for border control and the apprehensions of irregular third - country nationals at the external border in correspondence with the risk of the relevant section of the external border . ### the achievement of this objective shall be measured against indicators such as , inter alia , the number of border crossing points equipped with it systems , communication infrastructure and equipment supporting the management of migration flows , the number of apprehensions of irregular third - country nationals at the external border in correspondence with the risk of the relevant section of the external border and the number of trafficking and smuggling activities identified at the external border .


### increasing the capacity to face upcoming challenges including present and future threats and pressures at the external borders of the union , taking into account in particular the frontex risk analysis . ### building the capacity to face upcoming challenges including present and future threats and pressures at the external borders of the union , taking into account in particular the frontex risk analysis .


### in dialogue with the commission and the frontex agency , where appropriate , it shall reallocate resources under its programme , including , where necessary , those programmed for operating support , and / or introduce or amend actions aiming to remedy the weaknesses in accordance with the findings and recommendations of the schengen evaluation report . ### in dialogue with the commission and the frontex agency , it shall reallocate resources under its programme , including , where necessary , those programmed for operating support , and / or introduce or amend actions aiming to remedy the weaknesses in accordance with the findings and recommendations of the schengen evaluation report .


### the financial crisis in 2007 / 2008 exposed important shortcomings in financial supervision , both in particular cases and in relation to the financial system as a whole . nationally - based supervisory models have lagged behind the integrated and interconnected reality of european financial markets , in which many financial firms operate across borders . the crisis exposed shortcomings in the area of cooperation , coordination , consistent application of community law and trust between national supervisors . ### the financial crisis in 2007 / 2008 exposed important shortcomings in financial supervision , both in particular cases and in relation to the financial system as a whole . nationally - based supervisory models have lagged behind the integrated and interconnected reality of european financial markets , in which many financial firms operate across borders . the crisis exposed shortcomings in the area of cooperation , coordination , consistent application of eu law and trust between national supervisors .


### the european system of financial supervisors should be a network of national and community supervisory authorities , leaving day - to - day supervision of financial institutions at the national level , and according a central role in the supervision of cross - border groups to colleges of supervisors . greater harmonisation and the coherent application of rules for financial institutions and markets across the community should also be achieved . a european insurance and occupational pensions authority should be established , along with a european banking authority and a european securities and markets authority . ### the european system of financial supervisors should be a network of national and community supervisory authorities , leaving day - to - day supervision of financial institutions that do not have an eu dimension to the national level . colleges of supervisors should exert supervision over cross - border institutions that do not have an eu dimension . the authority should gradually take over supervision of institutions with an eu dimension . greater harmonisation and the coherent application of rules for financial institutions and markets across the community should also be achieved . a european insurance and occupational pensions authority should be established , along with a european supervisory authority and a european supervisory authority as well as a european supervisory authority . the european systemic risk board shall form part of a european system of financial supervision .


### there is a need to introduce an effective instrument to establish harmonised technical standards in financial services to ensure , also through a single rulebook , a level playing field and an adequate protection of policyholders , other beneficiaries and consumers across europe . as a body with highly specialised expertise , it is efficient and appropriate to entrust the authority , in areas defined by community law , with the elaboration of draft technical standards , which do not involve policy choices . the commission should endorse those draft technical standards in accordance with community law in order to give them binding legal effect . the draft technical standards have to be adopted by the commission . they would be subject to amendment if , for example , the draft technical standards were incompatible with community law , would not respect the principle of proportionality or would run counter to the fundamental principles of the internal market for financial services as reflected in the acquis of community financial services legislation . to ensure a smooth and expedited adoption process for those standards , the commission should be subject to a time limit for its decision on the endorsement . ### there is a need to introduce an effective instrument to establish harmonised technical standards in financial services to ensure , also through a single rulebook , a level playing field and an adequate protection of policyholders , other beneficiaries and consumers across europe . as a body with highly specialised expertise , it is efficient and appropriate to entrust the authority , in areas defined by eu law , with the elaboration of draft technical standards , which do not involve policy choices . the commission should be empowered to adopt delegated acts in accordance with the procedure referred to in article 290 of the treaty on the functioning of the european union concerning technical standards in financial services .


### the process for the development of technical standards in this regulation is without prejudice to the commission ' s powers to adopt on its own initiative implementing measures under comitology procedures at level 2 of the lamfalussy structure as laid out in the relevant community legislation . the matters concerned by the technical standards do not involve policy decisions , and their content is framed by the community acts adopted at level 1 . development of the draft standards by the authority ensures that they fully benefit from the specialised expertise of national supervisory authorities . ### the commission should endorse those draft technical standards in order to give them binding legal effect . they will be subject to amendment if , for example , they are incompatible with eu law , do not respect the principle of proportionality or run counter to the fundamental principles of the internal market for financial services as reflected in the acquis of european union financial services legislation . to ensure a smooth and expeditious adoption process for those standards , the commission should be subject to a time limit for its decision on the endorsement .


### in areas not covered by technical standards , the authority should have the power to issue non - binding guidelines and recommendations on the application of community legislation . in order to ensure transparency and strengthen compliance by national supervisory authorities with those guidelines and recommendations , national authorities should be obliged to state their reasons where they do not comply with those guidelines and recommendations . ### in areas not covered by technical standards , the authority should have the power to issue guidelines and recommendations on the application of eu legislation . in order to ensure transparency and strengthen compliance by national supervisory authorities with those guidelines and recommendations , national authorities should be obliged to state their reasons where they do not comply with those guidelines and recommendations publicly in order to be fully transparent with market participants . in areas not covered by technical standards , the authority should establish and promulgate best practices .


### where the national authority does not comply with the recommendation , the commission should be empowered to address a decision to the national supervisory authority concerned in order to ensure compliance with community law , creating direct legal effects which can be invoked before national courts and authorities and enforced under article 226 of the treaty . ### where the national authority does not comply with the recommendation within a deadline fixed by the authority , the authority should address a decision without delay to the national supervisory authority concerned in order to ensure compliance with eu law , creating direct legal effects which can be invoked before national courts and authorities and enforced under article 258 of the treaty .


### serious threats to the orderly functioning and integrity of financial markets or the stability of the financial system in the community require a swift and concerted response at community level . the authority should therefore be able to require national supervisory authorities to take specific actions to remedy an emergency situation . as the determination of an emergency situation involves a significant degree of discretion , this power should be conferred on the commission . to ensure an effective response to the emergency situation , in the event of inaction by national supervisory authorities , the authority should be empowered to adopt , as a last resort , decisions directly addressed to financial institutions in areas of community law directly applicable to them aimed at mitigating the effects of the crisis and restoring confidence in the markets . ### serious threats to the orderly functioning and integrity of financial markets or the stability of the financial system in the union require a swift and concerted response at union level . the authority should therefore be able to require national supervisory authorities to take specific actions to remedy an emergency situation . the european systemic risk board should establish when there is an emergency situation . to ensure an effective response to the emergency situation , in the event of inaction by national supervisory authorities , the authority should be empowered to adopt , as a last resort , decisions directly addressed to financial institutions in areas of union law directly applicable to them aimed at mitigating the effects of the crisis and restoring confidence in the markets .


### in order to ensure efficient and effective supervision and a balanced consideration of the positions of the national supervisory authorities in different member states , the authority should be able to settle disagreements between those authorities with binding effect , including within colleges of supervisors . a conciliation phase should be provided for , during which the national supervisory authorities may reach an agreement . the authority ' s competence should cover disagreements on procedural obligations in the cooperation process as well as on the interpretation and application of community law in supervisory decisions . existing conciliation mechanisms provided for in sectoral legislation have to be respected . in the event of inaction by the national supervisory authorities concerned , the authority should be empowered to adopt , as a last resort , decisions directly addressed to financial institutions in areas of community law directly applicable to them . ### in order to ensure efficient and effective supervision and a balanced consideration of the positions of the national supervisory authorities in different member states , the authority should be able to settle disagreements between those authorities with binding effect , including within colleges of supervisors . a conciliation phase should be provided for , during which the national supervisory authorities may reach an agreement . the authority ' s competence should cover disagreements on procedural obligations in the cooperation process as well as on the interpretation and application of union law in supervisory decisions . existing conciliation mechanisms provided for in sectoral legislation have to be respected . in the event of inaction by the national supervisory authorities concerned , the authority should be empowered to adopt , as a last resort , decisions directly addressed to financial institutions in areas of union law directly applicable to them . this also applies to disagreements within a college of supervisors .


### the delegation of tasks and responsibilities can be a useful instrument in the functioning of the network of supervisors in order to reduce the duplication of supervisory tasks , foster cooperation and thereby streamline the supervisory process as well as reduce the burden imposed on financial institutions . the regulation should therefore provide a clear legal basis for such delegation . delegation of tasks means that tasks are carried out by another supervisory authority instead of the responsible authority , while the responsibility for supervisory decisions remains with the delegating authority . by delegation of responsibilities one national supervisory authority , the delegatee , shall be able to decide upon a certain supervisory matter in its name in lieu of another national supervisory authority . delegations should be governed by the principle of allocating supervisory competence to a supervisor which is well placed to take action in the subject matter . a reallocation of responsibilities can be appropriate for example for reasons of economies of scale or scope , of coherence in group supervision , and of optimal use of technical expertise among national supervisory authorities . relevant community legislation may further specify the principles for reallocation of responsibilities upon agreement . the authority should facilitate delegation agreements between national supervisory authorities by all appropriate means . it should be informed in advance of intended delegation agreements to be able to express an opinion where appropriate . it should centralise the publication of such agreements to ensure timely , transparent and easily accessible information about agreements for all parties concerned . ### the delegation of tasks and responsibilities can be a useful instrument in the functioning of the network of supervisors in order to reduce the duplication of supervisory tasks , foster cooperation and thereby streamline the supervisory process as well as reduce the burden imposed on financial institutions . the regulation should therefore provide a clear legal basis for such delegation . delegation of tasks means that tasks are carried out by another supervisory authority instead of the responsible authority , while the responsibility for supervisory decisions remains with the delegating authority . by delegation of responsibilities one national supervisory authority , the delegatee , shall be able to decide upon a certain supervisory matter in its name in lieu of the authority or in lieu of another national supervisory authority . delegations should be governed by the principle of allocating supervisory competence to a supervisor which is well placed to take action in the subject matter . a reallocation of responsibilities can be appropriate for example for reasons of economies of scale or scope , of coherence in group supervision , and of optimal use of technical expertise among national supervisory authorities . relevant eu legislation may further specify the principles for reallocation of responsibilities upon agreement . the authority should facilitate and monitor delegation agreements between national supervisory authorities by all appropriate means . it should be informed in advance of intended delegation agreements to be able to express an opinion where appropriate . it should centralise the publication of such agreements to ensure timely , transparent and easily accessible information about agreements for all parties concerned . it should identify and promulgate best practices regarding delegation and delegation agreements .


### peer reviews are an efficient and effective tool for fostering consistency within the network of financial supervisors . the authority should therefore develop the methodological framework for such reviews and conduct them on a regular basis . reviews should focus not only on convergence of supervisory practices but also on the capacity of supervisors to achieve high quality supervisory outcomes as well as the independence of national supervisory authorities . ### peer reviews are an efficient and effective tool for fostering consistency within the network of financial supervisors . the authority should therefore develop the methodological framework for such reviews and conduct them on a regular basis . reviews should focus not only on convergence of supervisory practices but also on the capacity of supervisors to achieve high quality supervisory outcomes as well as the independence of national supervisory authorities . the outcome of peer reviews should be made public and best practices should be identified and also made public .


### given the globalisation of financial services and the increased importance of international standards , the authority should foster the dialogue and cooperation with supervisors outside the community . it shall fully respect the existing roles and competences of the european institutions in relations with authorities outside the community and in international forums . ### given the globalisation of financial services and the increased importance of international standards , the authority should represent the european union in the dialogue and cooperation with supervisors outside the union .


### where appropriate , the authority should consult interested parties on technical standards , guidelines and recommendations and provide them with a reasonable opportunity to comment on proposed measures . for reasons of efficiency , an insurance , reinsurance and occupational pension funds stakeholder group should be established for that purpose , representing in balanced proportions community insurance and reinsurance firms as well as occupational pension funds , their employees , and consumers and other retail users of the insurance , reinsurance and occupational pension services , including smes . the insurance , reinsurance and occupational pension funds stakeholder group should actively work as an interface with other user groups in the financial services area established by the commission or community legislation . ### the authority should consult interested parties on technical standards , guidelines and recommendations and provide them with a reasonable opportunity to comment on proposed measures . before adopting draft technical standards , guidelines and recommendations the authority should carry out an impact study . for reasons of efficiency , an insurance , reinsurance and occupational pension funds stakeholder group should be established for that purpose , representing in balanced proportions union insurance and reinsurance firms as well as occupational , their employees , academia and consumers and other retail users of the insurance , reinsurance and occupational pension services , including smes . the insurance , reinsurance and occupational pension funds stakeholder group should actively work as an interface with other user groups in the financial services area established by the commission or by eu legislation .


### a full time chairperson , selected by the board of supervisors through an open competition , should represent the authority . the management of the authority should be entrusted to an executive director , who should have the right to participate in meetings of the board of supervisors and the management board without the right to vote . ### a full - time chairperson , selected by the european parliament following an open competition managed by the commission and the subsequent drawing up of a shortlist by the commission , should represent the authority . the management of the authority should be entrusted to an executive director , who should have the right to participate in meetings of the board of supervisors and the management board without the right to vote .


### in order to ensure cross - sectoral consistency in the activities of the european supervisory authorities , those authorities should coordinate closely in a joint committee of european supervisory authorities and reach common positions where appropriate . the joint committee of european supervisory authorities should assume all of the functions of the joint committee on financial conglomerates . where relevant , acts also falling within the area of competence of the european banking authority or the european securities and markets authority should be adopted in parallel by the european supervisory authorities concerned . ### in order to ensure cross - sectoral consistency in the activities of the european supervisory authorities , those authorities should coordinate closely through the european supervisory authorities joint committee and reach common positions where appropriate . the joint committee should coordinate the functions of the three european supervisory authorities in relation to financial conglomerates . where relevant , acts also falling within the area of competence of the european supervisory authority or the european supervisory authority should be adopted in parallel by the european supervisory authorities concerned . the joint committee should be chaired on a yearly revolving basis by the chairpersons of the three european supervisory authorities . the chairperson of the joint committee should be a vice - chair of the european systemic risk board . the joint committee should have a permanent secretariat , staffed on secondment from the three european supervisory authorities , to allow for informal information sharing and the development of a common cultural approach across the three european supervisory authorities .


### before submitting them to the commission , the authority shall , where appropriate , conduct open public consultations on technical standards and analyse the potential related costs and benefits . ### the authority shall conduct open public consultations on technical standards and analyse the potential related costs and benefits before adopting draft technical standards . the authority shall also request an opinion or advice of the insurance and occupational pensions stakeholder group referred to in article 22 .


### within three months of receipt of the draft standards , the commission shall decide whether to endorse the draft standards . the commission may extend that period by one month . the commission may endorse the draft standards only in part or with amendments where the community interest so requires . ### within three months of receipt of the draft standards , the commission shall decide whether to endorse , reject or amend the draft standards . the commission may extend that period by one month . the commission shall inform the european parliament and the council of its decision , stating the reasons .


### the national supervisory authorities shall make every effort to comply with those guidelines and recommendations . ### within two months of the issuance of a guideline or recommendation , each national supervisory authority shall decide whether it intends to comply with that guideline or recommendation . in the event that it does not intend to comply , it shall inform the authority , stating reasons . the authority shall publish those reasons .


### where the national supervisory authority has not complied with community law within one month from receipt of the authority ' s recommendation , the commission may , after having been informed by the authority or on its own initiative , take a decision requiring the national supervisory authority to take the action necessary to comply with community law . ### where the national supervisory authority has not complied with eu law within the 10 working days set out in paragraph 3 from receipt of the authority ' s recommendation , the authority shall take a decision requiring the national supervisory authority to take the action necessary to comply with eu law .


### the commission shall take such a decision no later than three months from the adoption of the recommendation . the commission may extend this period by one month . ### the authority shall take such a decision no later than one month from the adoption of the recommendation .


### the commission shall ensure that the right to be heard of the addressees of the decision is respected . ### the authority shall ensure that the right to be heard of the addressees of the decision is respected .


### the authority and the national supervisory authorities shall provide the commission with all necessary information . ### the national supervisory authorities shall provide the authority with all necessary information .


### the national supervisory authority shall , within ten working days of receipt of the decision referred to in paragraph 4 , inform the commission and the authority of the steps it has taken or intends to take to implement the commission ' s decision . ### the national supervisory authority shall , within ten working days of receipt of the decision referred to in paragraph 4 , inform the commission and the authority of the steps it has taken or intends to take to implement the authority ' s decision .