### 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 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 3 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 3 months at the initiative of the european parliament or the council . when a delegated act is delivered just before or during a holiday , the time shall be deemed to run from the date of the first plenary following the holiday . in all instances , including extension , the time period shall be extendible to encompass three full plenary sessions .


### this regulation should apply to second hand products that re - enter the supply chain in the course of a commercial activity , except for those second - hand products for which the consumer cannot reasonably expect that they fulfil state - of - the art safety standards , such as antiques . ### this regulation should apply to second hand products that re - enter the supply chain in the course of a commercial activity . it should not apply to second - hand products for which the consumer cannot reasonably expect that they fulfil state - of - the art safety standards or resulting from transactions between private individuals .


### ensuring product identification and the traceability of products throughout the entire supply chain helps to identify economic operators and to take effective corrective measures against unsafe products , such as targeted recalls . product identification and traceability thus ensure that consumers and economic operators obtain accurate information regarding unsafe products which enhances confidence in the market and avoids unnecessary disruption of trade . products should therefore bear information allowing their identification and the identification of the manufacturer and , if applicable , of the importer . manufacturers should also establish technical documentations regarding their products for which they may choose the most appropriate and cost - efficient way such as by electronic means . moreover , economic operators should be required to identify the operators who supplied them and to whom they supplied a product . directive 95 / 46 / ec of the european parliament and of the council of 24 october 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data18 is applicable to the processing of personal data for the purposes of this regulation . ### ensuring product identification and the traceability of products throughout the entire supply chain helps to identify economic operators and to take effective corrective measures against unsafe products , such as targeted recalls . product identification and traceability for the manufacturer , may ensure that consumers and economic operators obtain accurate information regarding unsafe products . products should therefore bear information allowing their identification and the identification of the manufacturer and , if applicable , of the importer . manufacturers should also establish technical documentations regarding their products for which they may choose the most appropriate and cost - efficient way such as by electronic means . moreover , economic operators should be required to identify the operators who supplied them and to whom they supplied a product . directive 95 / 46 / ec of the european parliament and of the council of 24 october 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data18 is applicable to the processing of personal data for the purposes of this regulation .


### this regulation shall not apply to products to be repaired or reconditioned prior to being used where those products are made available on the market as such . ### this regulation shall not apply to products to be repaired or reconditioned prior to being used where those products are made available on the market as such . this regulation shall not apply to private individuals ' transactions .


### ‘ distributor’ means any natural or legal person in the supply chain , other than the manufacturer or the importer , who makes a product available on the market ; ### ‘ distributor’ means any natural or legal accountable person in the supply chain , other than the manufacturer or the importer , who makes a product available on the market ; it does not include private individuals transactions , acting on a non - business capacity ;


### presumption of safety ### presumption of compliance with general safety requirements


### the characteristics of the product , including its composition , packaging , instructions for assembly and , where applicable , for installation and maintenance ; ### the characteristics of the product , including its composition , packaging , instructions for assembly and disassembly , where applicable , for installation and maintenance ;


### for certain products , categories or groups of products which , due to their specific characteristics or specific conditions of distribution or usage , susceptible to bear a serious risk to health and safety of persons , the commission may require economic operators who place and make available those products on the market to establish or adhere to a system of traceability . ### for certain products , categories or groups of products which , due to their specific characteristics or specific conditions of distribution or usage , susceptible to bear a serious risk to health and safety of persons , the commission may require economic operators who place and make available those products on the market to establish or adhere to a system of traceability for the manufacturer .


### the system of traceability shall consist of the collection and storage of data by electronic means enabling the identification of the product and of the economic operators involved in its supply chain as well as of the placement of a data carrier on the product , its packaging or accompanying documents enabling access to that data . ### the system of traceability shall consist of the collection and storage of data by electronic means enabling the identification of products and of the economic operators involved in its supply chain as well as appropriate means on the product , its packaging or accompanying documents for enabling access to that data .


### specifying the data which economic operators shall collect and store by means of the traceability system referred to in paragraph 2 . ### specifying the data which economic operators shall collect and store by means of the traceability system referred to in paragraph 2 and are necessary for ensuring product safety .


### ‘ roadworthiness test’ means a verification that the parts and components of a vehicle comply with its safety and environmental characteristics at the time of approval , first registration or entry into service , or at the time of retrofitting ; ### ‘ roadworthiness test’ means a verification that a vehicle is safe to be used on public roads , that it meets required environmental characteristics and that its parts and components comply , where applicable , with the its safety and environmental characteristics in force at the time of approval , first registration or entry into service or retrofitting ;


### the development of voluntary standards on services should be market - driven whereby the needs of the economic operators and stakeholders directly or indirectly affected by the standard prevail and should take into account the public interest and be based on consensus . they should primarily focus on services linked to products and processes . ### services activities often correspond to national specificities . therefore the development of voluntary standards on services should address well - defined and carefully assessed areas . it should be market - driven whereby the needs of the economic operators and stakeholders directly or indirectly affected by the standard prevail and should take into account the public interest and be based on consensus . they should primarily focus on services linked to products and processes .


### standards are important tools for undertakings and especially small and medium - sized enterprises which , however , are not adequately involved in the standardisation system so that the risk exists that standards do not take into account the needs and concerns of sme . consequently , it is essential to improve their representation and participation in the standardisation process , particularly in the technical committees . ### standards are important tools for undertakings and especially small and medium - sized enterprises which , however , are sometimes under - represented and not adequately involved in the standardisation system so that the risk exists that standards do not sufficiently take into account the needs and concerns of sme . consequently , it is essential to improve their representation and participation in all phases of the standardisation process , particularly in the technical committees .


### european standards are of vital interest for the competitiveness of smes which , however , are in general under - represented in standardisation activities , in particular at european level . thus , this regulation should ensure an appropriate representation of sme in the european standardisation process by an entity with appropriate qualifications . ### european standards are of vital interest for the competitiveness of smes which , however , are in general under - represented in standardisation activities , in particular at european level . thus , this regulation should ensure an appropriate representation of sme in the european standardisation process by an entity with appropriate qualifications . granting smes effective membership of the european standardisation organisations , including voting rights is expected to have a positive impact on the involvement and participation of smes in standardisation .


### standards can have a broad impact on society , in particular on the safety and well - being of citizens , the efficiency of networks , the environment , accessibility and other public policy fields . therefore , it is necessary to ensure that the role and the input of societal stakeholders in the elaboration of standards is strengthened , through the support of organisations representing the interests of consumers , the environment and societal stakeholders . ### standards can have a broad impact on society , in particular on the safety and well - being of citizens , the efficiency of networks , the environment , accessibility and other public policy fields . therefore , it is necessary to ensure that the role and the input of societal stakeholders in the elaboration of standards is strengthened , through the support of organisations representing the interests of consumers , the environment and societal stakeholders . granting those organisations effective membership in the european standardisation organisations , including voting rights , will have a positive impact on the quality of standards .


### standards should as far as possible take into account environmental impacts throughout the life cycle of products and services . important and publicly available tools for evaluating such impacts throughout the life cycle have been developed by the commission ' s joint research centre . ### standards should take into account environmental impacts throughout the life cycle of products and services . important and publicly available tools for evaluating such impacts throughout the life cycle have been developed by the commission ' s joint research centre .


### the relevant european standardisation body shall indicate , within one month following its receipt , if it accepts the request referred to in paragraph 1 . ### the relevant european standardisation body shall indicate , within two months following its receipt , if it accepts the request referred to in paragraph 1 .


### sme , consumer organisations and environmental and social stakeholders are appropriately represented in european standardisation work , as referred to in article 5 . ### sme , consumer organisations and environmental and social stakeholders are appropriately represented in european standardisation work and have effective membership of european standardisation organisations , as referred to in article 5 .


### information on standardisation activities was widely announced through suitable and accessible means . ### information on standardisation activities was publicly and widely announced through suitable and accessible means .


### recent events highlighted the risks of offshore oil and gas exploration and production activities to maritime transport and the marine environment . the use of the agency ' s response capabilities should be explicitly extended to cover response to pollution originating from such activities . in addition , the agency should assist the commission in analysing the safety of mobile offshore gas and oil installations , in order to identify possible weaknesses , basing its contribution on the expertise it has developed with regard to maritime safety , maritime security , the prevention of pollution caused by ships and response to marine pollution . ### recent events highlighted the risks of offshore oil and gas exploration and production activities to maritime transport and the marine environment . the use of the agency ' s response capabilities should be explicitly extended to cover prevention of and response to pollution originating from such activities . in addition , the agency should assist the commission in analysing the safety of mobile offshore gas and oil installations , in order to identify possible weaknesses , basing its contribution on the expertise it has developed with regard to maritime safety , maritime security , the prevention of pollution caused by ships and by offshore oil and gas installations and response to marine pollution . the agency should in particular , through its existing satellite monitoring and surveillance service , assist the commission and the member states in detecting and dealing with the effects of oil spills emanating from offshore oil and gas installations .


### the agency carries out inspections in order to assist the commission in the assessment of the effective implementation of eu law . the roles of the agency , the commission , the member states and the administrative board should be clearly defined . ### in particular , the agency should assist the commission in carrying out inspections in third countries in the mediterranean and black sea regions in whose waters oil and gas exploration and production is taking place , and in assisting those third countries in strengthening their capacity to improve the safety of their offshore operations .


### in order to ensure that the objectives set out in article 1 are met in the appropriate manner , the agency shall perform the tasks listed in paragraph 2 of this article in the fields of maritime safety and maritime security , the prevention of pollution caused by ships and response to marine pollution . ### in order to ensure that the objectives set out in article 1 are met in the appropriate manner , the agency shall perform the tasks listed in paragraph 2 of this article in the fields of maritime safety and maritime security , the prevention of pollution caused by ships and by offshore oil and gas installations , and response to marine pollution .


### in order to perform the tasks entrusted to it and to assist the commission in fulfilling its duties under the treaty in particular the assessment of the effective implementation of union law , the agency shall carry out inspections in the member states . ### in order to perform the tasks entrusted to it and to assist the commission in fulfilling its duties under the treaty in particular the assessment of the effective implementation of union law , the agency shall assist the commission in reviewing environmental impact assessments and carry out inspections in the member states .


### in addition , the agency shall carry out inspections on behalf of the commission in third countries as required by eu legislation , in particular regarding organisations recognised by the union in accordance with regulation 391 / 2009 of the european parliament and of the council and the training and certification of seafarers in accordance with directive 2008 / 106 / ec of the european parliament and of the council . ### in addition , the agency shall carry out inspections on behalf of the commission in third countries as required by eu legislation , in particular regarding organisations recognised by the union in accordance with regulation 391 / 2009 of the european parliament and of the council and the training and certification of seafarers in accordance with directive 2008 / 106 / ec of the european parliament and of the council . the agency shall in particular assist the commission in carrying out inspections in third countries in the mediterranean and black sea regions in whose waters oil and gas exploration and production is taking place , and in assisting those third countries in strengthening their capacity to improve the safety of their offshore operations .


### where appropriate , and in any case when a cycle of inspections is concluded , the agency shall analyse reports from that cycle with a view to identifying horizontal findings and general conclusions on the effectiveness of the measures in place . the agency shall present this analysis to the commission for further discussion with member states . ### where appropriate , and in any case when a cycle of inspections is concluded , the agency shall analyse reports from that cycle with a view to identifying horizontal findings and general conclusions on the effectiveness of the measures in place . the agency shall present this analysis to the commission for further discussion with member states , and shall make it available to the public in an easily accessible format , including in electronic form .


### the executive director shall be appointed and dismissed by the administrative board . the appointment shall be made from a list of candidates proposed by the commission for a period of five years on grounds of merit and documented administrative and managerial skills , as well as competence and experience relevant for maritime safety , maritime security , prevention of pollution caused by ships and response to marine pollution . before appointment , the candidate selected by the administrative board may be invited to make a statement before the competent committee of the european parliament and answer questions put by its members . the administrative board shall take its decision by a four - fifths majority of all members with the right to vote . ### the executive director shall be appointed and dismissed by the administrative board . the appointment shall be made from a list of candidates proposed by the commission for a period of five years on grounds of merit and documented administrative and managerial skills , as well as competence and experience relevant for maritime safety , maritime security , prevention of pollution caused by ships and by offshore oil and gas installations , response to marine pollution . before appointment , the candidate selected by the administrative board may be invited to make a statement before the competent committee of the european parliament and answer questions put by its members . the administrative board shall take its decision by a four - fifths majority of all members with the right to vote .


### employees of a statutory auditor or an audit firm carrying out a statutory audit of a public - interest entity as well as any other natural person whose services are placed at the disposal or under the control of such auditor or firm shall not , when such employees or other natural persons are personally approved as statutory auditors , before a period of at least one year has elapsed since he or she was directly involved in the statutory audit activities , take up any of the duties referred to in points , b ) and of paragraph 1 . ### employees of a statutory auditor or an audit firm carrying out a statutory audit of a public - interest entity as well as any other natural person whose services are placed at the disposal or under the control of such auditor or firm shall not , when such employees or other natural persons are personally approved as statutory auditors , before a period of at least four years has elapsed since he or she was directly involved in the statutory audit activities , take up any of the duties referred to in points , b ) and of paragraph 1 .


### when the statutory auditor or audit firm provides to the audited entity related financial audit services , as referred to in article 10 , the fees for such services shall be limited to no more than 10% of the fees paid by the audited entity for the statutory audit . ### when the statutory auditor or audit firm provides to the audited entity related financial audit services , as referred to in article 10 , the fees for such services shall be limited to no more than 5% of the fees paid by the audited entity for the statutory audit . where the audited entity has appointed more than one statutory auditor or audit firm , the fees for the related financial audit services referred to in article 10 shall be limited for each statutory auditor or audit firm , to no more than 15% of the fees paid by the audited entity for the statutory audit


### without prejudice to the reporting requirements as referred to in articles 22 and 23 , the scope of statutory audit shall not include the assurance on the future viability of the audited entity nor the efficiency or effectiveness with which the management or administrative body has conducted or will conduct the affairs of the entity . ### without prejudice to the reporting requirements as referred to in articles 22 and 23 , the scope of statutory audit shall include the overall risks on the future viability of the audited entity and auditors may report on the efficiency or effectiveness with which the management or administrative body has conducted or will conduct the affairs of the entity .


### the audit report shall be in writing . it shall at least : ### the audit report shall be in writing and in digital form . it shall at least :


### the key audit partner responsible for carrying out a statutory audit shall cease his , her or their participation in the statutory audit of the audited entity after a period of seven years from the date of appointment has elapsed . he , she or they may participate in the statutory audit of the audited entity again after a period of at least three years . ### the key audit partner responsible for carrying out a statutory audit shall cease his , her or their participation in the statutory audit of the audited entity after a period of four years from the date of appointment has elapsed . he , she or they may participate in the statutory audit of the audited entity again after a period of at least three years .


### the statutory auditor or audit firm shall establish an appropriate gradual rotation mechanism with regard to the most senior personnel involved in the statutory audit , including at least the persons who are registered as statutory auditors . the gradual rotation mechanism shall be undertaken in phases on the basis of individuals rather than of a complete team . it shall be proportionate in view of the scale and the dimension of the activity of the statutory auditor or audit firm . ### the statutory auditor or audit firm shall establish a four year gradual rotation mechanism with regard to personnel involved in the statutory audit , including at least the persons who are registered as statutory auditors . the gradual rotation mechanism shall be undertaken in phases on the basis of individuals rather than of a complete team . it shall be proportionate in view of the scale and the dimension of the activity of the statutory auditor or audit firm .


### the competent authority shall be one of the following : ### the competent authority / authorities shall be one of the following :


### the european union aims to define and pursue actions in order to foster the sustainable economic , social and environmental development of developing countries , with the primary aim of eradicating poverty . ### the european union aims to define and pursue actions in order to foster the sustainable economic , social and environmental development of developing countries , with the primary aim of eradicating poverty and contributing to the achievement of the millennium development goals .


### by providing preferential access to the market of the union , the scheme should assist developing countries in their efforts to reduce poverty and promote good governance and sustainable development by helping them generate additional revenue through international trade , which can then be re - invested for the benefit of their own development . the scheme’s tariff preferences should focus on helping developing countries having greater development , trade and financial needs . ### by providing preferential access to the market of the union , the scheme should assist developing countries in their efforts to reduce poverty and promote good governance and sustainable development by helping them to diversify their economies and to generate additional revenue through international trade , which can then be re - invested for the benefit of their own development . the scheme’s tariff preferences should focus on helping developing countries having greater development , trade and financial needs .


### paragraph 1 shall not apply to least - developed countries . ### paragraph 1 shall not apply to least - developed countries or to least - developed regions .


### after examining the request , the commission shall decide whether to grant a requesting country the special incentive arrangement for sustainable development and good governance . ### after examining the request , the commission shall decide whether to grant a requesting country the special incentive arrangement for sustainable development and good governance . the commission’s decision on initial eligibility shall be made on the basis of the conclusions and recommendations of the relevant monitoring bodies and any information submitted by third parties , including civil society , trade unions or the european parliament .


### in drawing its conclusions concerning effective implementation of the conventions referred to in annex viii the commission shall assess the conclusions and recommendations of the relevant monitoring bodies . ### in drawing its conclusions concerning effective implementation of the conventions referred to in annex viii the commission shall assess the conclusions and recommendations of the relevant monitoring bodies , as well as any information submitted by third parties , including civil society , trade unions or the european parliament .


### where the commission considers that the findings do not justify temporary withdrawal , it shall adopt a decision to terminate the temporary withdrawal procedure in accordance with the advisory procedure referred to in article 38 . ### where the commission considers that the findings do not justify temporary withdrawal , it shall adopt a decision to terminate the temporary withdrawal procedure in accordance with the advisory procedure referred to in article 38 . the decision shall be based on evidence received , and be published immediately .


### ‘ intra - corporate transfer’ means the temporary secondment of a third - country national from an undertaking established outside the territory of a member state and to which the third - country national is bound by a work contract , to an entity belonging to the undertaking or to the same group of undertakings which is established inside this territory ; ### ‘ intra - corporate transfer’ means the temporary secondment of a third - country national worker from an undertaking established outside the territory of a member state and to which the third - country national worker is bound by a work contract with a minimum previous existence of one year before the transfer , to an entity belonging to the undertaking or to the same group of undertakings which is established inside this territory ;


### citizens should be able to exercise fully the rights deriving from the citizenship of the union . they should be able to exercise their right to move and reside freely in the union , their right to vote for and stand as a candidate in european parliament and municipal elections , their right to consular protection and their right to petition the european parliament . they should feel at ease about living , travelling and working in another member state , trusting that their rights are protected , no matter where in the union they happen to be . ### citizens should be able to exercise fully the rights deriving from the citizenship of the union . they should be able to exercise their right to move and reside freely in the union , their right to vote for and stand as a candidate in european parliament and municipal elections , their right to consular protection and their right to petition the european parliament . they should feel at ease about living , travelling , working , studying and volunteering in another member state , trusting that their rights are protected , no matter where in the union they happen to be .


### non–discrimination based on sex , racial or ethnic origin religion or belief , disability , age or sexual orientation and equality between women and men are values common to the member states . combating all forms of discrimination is an ongoing goal which requires coordinated action , including by the allocation of funding . ### pursuant to articles 2 and 3 teu , article 8 , 10 and 19 tfeu and article 21 of the charter , the union should take effective action to combat discrimination based on any grounds , in particular sex , racial or ethnic origin , language , nationality or membership of a national minority , religion or belief , disability , age or sexual orientation and ensure equality between women and men , as well as the protection of the rights of persons with disabilities as an obligation derived from the accession of the union to the un convention on the rights of persons with disabilities . mainstreaming equality and building an inclusive society by combating all forms of discrimination , intolerance and hatred , promoting tolerant and inclusive workplaces and recognising the rights of all to be treated with dignity within the workplace and society in general are ongoing goals which require coordinated action , including by the allocation of sufficient funding .


### in order to ensure efficient allocation of funds from the union budget , consistency , complementarity and synergies should be sought between funding programmes supporting policy areas with close links to each other , in particular between the programme and the justice programme established by regulation no xx / xx of xx , the europe for citizens programme established by regulation no xx / xx of xx and the programmes in the areas of home affairs ; employment and social affairs ; health and consumer protection ; education , training , youth and sport ; information society ; enlargement , in particular the instrument for pre–accession assistance and the funds operating under the common strategic framework . ### in order to ensure efficient allocation of funds from the union budget , consistency , complementarity and synergies should be sought between funding programmes supporting policy areas with close links to each other , in particular between the programme and the justice programme established by regulation no xx / xx of xx , the europe for citizens programme established by regulation no xx / xx of xx , the european programme for social change and innovation established by regulation no xx / xx of xx and the programmes in the areas of home affairs ; employment and social affairs ; health and consumer protection ; education , training , youth and sport ; information society ; enlargement , in particular the instrument for pre–accession assistance and the funds operating under the common strategic framework .


### to promote the effective implementation of the principles of non discrimination on the grounds of sex , racial or ethnic origin , religion or belief , disability , age or sexual orientation , including equality between women and men and the rights of persons with disabilities and of the elderly ; ### to promote the effective implementation of the principles of non discrimination , including on the grounds of sex , racial or ethnic origin , religion or belief , disability , age , sexual orientation or gender identity , including equality between women and men and the rights of persons with disabilities and of the elderly , recognising the rights of all persons to be treated with dignity ; to combat bullying harassment and intolerant treatment , especially in the workplace ;


### to contribute to ensuring a high level of protection of personal data ; ### to contribute to ensuring a high level of protection of personal data , including data processing situations in the employment context or for social protection purposes as laid down in article 81 and 82 of regulation no xx / xx of the european parliament and of the council on the protection of individuals with regard to the processing of personal data and on the free movement of such data and in situations arising from obligations under directive 2006 / 24 / ec of the european parliament and of the council on the retention of data generated or processed in connection with the provision of publicly available electronic communications services or of public communications networks and amending directive 2002 / 58 / ec ;


### training activities , such as staff exchanges , workshops , seminars , train–the–trainers events , development of online / other training modules ; ### training activities , such as staff exchanges , workshops , seminars , train–the–trainers events or individualised training in the work place , development of online / other training modules available to the entire workforce , including volunteers ;


### support for main actors , such as support for member states when implementing union law and policies ; support for key european level networks whose activities are linked to the implementation of the objectives of the programme ; networking among specialised bodies and organisations , national , regional and local authorities at european level ; funding of experts ' networks ; funding of european level observatories . ### support for main actors when implementing union law and policies ; support for key european level networks whose activities are linked to the implementation of the objectives of the programme ; networking among specialised bodies and organisations , national , regional and local authorities at european level ; funding of experts ' networks ; cross–border and interregional cooperations and funding of european level observatories .


### the commission , in cooperation with the member states , shall ensure overall consistency and complementarity and synergies with other union instruments , inter alia , with the justice programme , the europe for citizens programme and with programmes in the areas of home affairs ; employment and social affairs ; health and consumer protection ; education , training , youth and sport ; information society ; enlargement , in particular the instrument for pre&#8211 ; accession assistance and the funds operating under the common strategic framework . ### the commission , in cooperation with the member states , shall ensure overall consistency and complementarity and synergies with other union instruments , inter alia , with the justice programme , the europe for citizens programme , the european programme for social change and innovation and with programmes in the areas of home affairs ; employment and social affairs ; health and consumer protection ; education , training , youth and sport ; information society ; enlargement , in particular the instrument for pre&#8211 ; accession assistance and the funds operating under the common strategic framework .


### contributions to deposit guarantee schemes should take account of the degree of risk incurred by their members . this would allow to reflect the risk profiles of individual banks and lead to a fair calculation of contributions and to provide incentives to operate under a less risky business model . developing a set of core indicators mandatory for all member states and another set of optional supplementary indicators would introduce such harmonisation gradually . ### contributions to deposit guarantee schemes should take account of the degree of risk incurred by their members . this would allow to reflect the risk profiles of different business models as well as those of individual banks and lead to a fair calculation of contributions and to provide incentives to operate under a less risky business model . developing a set of core indicators mandatory for all member states and another set of optional supplementary indicators would introduce such harmonisation gradually .


### while respecting the supervision of deposit guarantee schemes by member states , the european banking authority should contribute to the achievement of the objective of making it easier for credit institutions to take up and pursue their activities while at the same time ensuring effective protection for depositors . to that end , the authority should confirm that the conditions of borrowing between deposit guarantee schemes laid down in this directive are fulfilled and state , within the strict limits set by this directive , the amounts to be lent by each scheme , the initial interest rate as well as the duration of the loan . in this respect , the european banking authority should also collect information on deposit guarantee schemes , in particular on the amount of deposits covered by them , confirmed by competent authorities . it should inform the other deposit guarantee schemes about their obligation to lend . ### while respecting the supervision of deposit guarantee schemes by member states , the european banking authority should contribute to the achievement of the objective of making it easier for credit institutions to take up and pursue their activities while at the same time ensuring effective protection for depositors and minimising the risk to taxpayers of having to step in . to that end , the authority should confirm that the conditions of borrowing between deposit guarantee schemes laid down in this directive are fulfilled and state , within the strict limits set by this directive , the amounts to be lent by each scheme , the initial interest rate as well as the duration of the loan . in this respect , the european banking authority should also collect information on deposit guarantee schemes , in particular on the amount of deposits covered by them , confirmed by competent authorities . it should inform the other deposit guarantee schemes about their obligation to lend .


### member states shall ensure that deposit guarantee schemes , at any time and at their request , receive from their members all information necessary to prepare a repayment of depositors , including markings under article 4 . information necessary to perform stress tests shall be submitted to deposit guarantee schemes on an ongoing basis . such information shall be rendered anonymous . the information obtained may only be used for the performance of stress tests or the preparation of repayments and shall be kept no longer than is necessary for those purposes . ### member states shall ensure that deposit guarantee schemes , at any time and at their request , receive from their members all information necessary to prepare a repayment of depositors , including markings under article 4 . information necessary to perform stress tests shall be submitted to deposit guarantee schemes on an ongoing basis . such information shall be rendered anonymous . the information obtained may only be used for the performance of stress tests and analysis of the historical evolution of dgs resilience or the preparation of repayments and shall be kept confidential


### the interest rate shall be equivalent to the marginal lending facility rate of the european central bank during the credit period . ### the interest rate during the credit period shall be equivalent to the marginal lending facility rate of the central bank issuing the currency in which the loan was made .


### the contributions to deposit guarantee schemes referred to in article 9 shall be determined for each member on the basis of the degree of risk incurred by it . credit institutions shall not pay less than 75% or more than 200% of the amount that a bank with an average risk would have to contribute . member states may decide that members of schemes referred to in article 1 and pay lower contributions to deposit guarantee schemes but not less than 37 . 5% of the amount that a bank with an average risk would have to contribute . ### the contributions to deposit guarantee schemes referred to in article 9 shall be determined for each member proportional to the degree of risk incurred by it . credit institutions shall not pay less than 75% or more than 300% of the amount that a bank with an average risk would have to contribute . member states may decide that members of schemes referred to in article 1 and pay lower contributions to deposit guarantee schemes but not less than 37 . 5% of the amount that a bank with an average risk would have to contribute .


### it shall , on the basis of that examination , put forward and evaluate different policy options , including the possibility to remove the requirement of a proof of test as provided for in article 10 . within two years after the date of application of this regulation , the commission shall report to the european parliament and to the council on the results of the examination , and accompany it with a legislative proposal , if appropriate . ### it shall , on the basis of that examination , put forward proposals for increased interoperability and standardisation of electronic documents and remove the requirement of a proof of test as provided for in article 10 . within two years after the date of application of this regulation , the commission shall provide for an adequate legislative proposal to the european parliament and to the council .


### the introduction of a commercial solution for a consolidated tape for equities should contribute to creating a more integrated european market and make it easier for market participants to gain access to a consolidated view of trade transparency information that is available . the envisaged solution is based on an authorisation of providers working along pre - defined and supervised parameters which are in competition with each other in order to achieve technically highly sophisticated and innovative solutions , serving the market to the greatest extent possible . ### the introduction of a commercial solution for a consolidated tape for equities should contribute to creating a more integrated european market and make it easier for market participants to gain access to a consolidated view of trade transparency information that is available . the envisaged solution is based on an authorisation of providers working along pre - defined and supervised parameters which are in competition with each other in order to achieve technically highly sophisticated and innovative solutions , serving the market to the greatest extent possible . in case commercial solutions fail to provide an effective consolidated tape for equities , the european commission shall bring forward a public solution for a consolidated tape for equities able to achieve effective post - trade transparency .


### the powers made available to competent authorities should be complemented with explicit powers to demand information from any person regarding the size and purpose of a position in derivatives contracts related to commodities and to request the person to take steps to reduce the size of the position in the derivative contracts . ### the powers made available to competent authorities should be complemented with explicit powers to obtain information on a regular basis from any person regarding the size and purpose of a position in derivatives contracts related to commodities and to request the person to take steps to reduce the size of the position in the derivative contracts .


### explicit powers should be granted to competent authorities to limit the ability of any person or class of persons from entering into a derivative contract in relation to a commodity . the application of a limit should be possible both in the case of individual transactions and positions built up over time . in the latter case in particular , the competent authority should ensure that these position limits are non - discriminatory , clearly spelled out , take due account of the specificity of the market in question , and are necessary to secure the integrity and orderly functioning of the market . ### explicit powers should be granted to competent authorities to limit the ability of any person or class of persons from entering into a derivative contract in relation to a commodity . the application of a limit should be possible both in the case of individual transactions and positions built up over time . in the latter case in particular , the competent authority should ensure that these position limits are non - discriminatory , clearly spelled out , take due account of the specificity of the market in question , and are necessary to secure the integrity and orderly functioning of the market , as well as to eliminate excessive speculation .


### all venues which offer trading in commodity derivatives should have in place appropriate limits or suitable alternative arrangements designed to support liquidity , prevent market abuse , and ensure the orderly pricing and settlement conditions . esma should maintain and publish a list containing summaries of all such measures in force . these limits or arrangements should be applied in a consistent manner and take account of the specific characteristics of the market in question . they should be clearly spelled out as regards to whom they apply and any exemptions thereto , as well as to the relevant quantitative thresholds which constitute the limits or which may trigger other obligations . the commission should be empowered to adopt delegated acts , including with a view to avoiding any divergent effects of the limits or arrangements applicable to comparable contracts on different venues . ### all venues which offer trading in commodity derivatives should have in place appropriate limits and suitable additional arrangements designed to support liquidity , prevent market abuse , and ensure the orderly price discovery function and settlement conditions as well as to eliminate excessive speculation . esma should maintain and publish a list containing summaries of all such measures in force . these limits and arrangements should be applied in a consistent manner and take account of the specific characteristics of the market in question . they should be clearly spelled out as regards to whom they apply and any exemptions thereto , as well as to the relevant quantitative and qualitative thresholds which constitute the limits or which may trigger other obligations . the commission should be empowered to adopt regulatory technical standards , including with a view to avoiding any divergent effects of the limits and arrangements applicable to comparable contracts on different venues .


### venues where the most liquid commodity derivatives are traded should publish an aggregated weekly breakdown of the positions held by different types of market participants , including the clients of those not trading on their own behalf . a comprehensive and detailed breakdown both by the type and identity of the market participant should be made available to the competent authority upon request . ### venues where the most liquid commodity derivatives are traded should publish an aggregated weekly breakdown of the positions held by different types of market participants , including the clients of those not trading on their own behalf . a comprehensive and detailed breakdown both by the type and identity of the market participant should be notified to the competent authority on a regular basis .


### considering the communiqué of g20 finance ministers and central bank governors of 15 april 2011 on ensuring that participants on commodity derivatives markets should be subject to appropriate regulation and supervision , the exemptions from directive 2004 / 39 / ec . for various participants active in commodity derivative markets should be modified to ensure that activities by firms , which are not part of a financial group , involving the hedging of production - related and other risks as well as the provision of investment services in commodity or exotic derivatives on an ancillary basis to clients of the main business remain exempt , but that firms specialising in trading commodities and commodity derivatives are brought within this directive . ### considering the communiqué of g20 finance ministers and central bank governors of 15 april 2011 on ensuring that participants on commodity derivatives markets should be subject to appropriate regulation and supervision , the exemptions from directive 2004 / 39 / ec . for various participants active in commodity derivative markets should be modified to ensure that activities by firms , which are not part of a financial group , involving the hedging of production - related and other risks as well as the provision of investment services in commodity or exotic derivatives on an ancillary basis to clients of the main business remain exempt if the size or the impact of this activity is not significant on that market , but that firms specialising in trading commodities and commodity derivatives are brought within this directive .


### – provide investment services , other than dealing on own account , in commodity derivatives or derivative contracts included in annex i , section c 10 or emission allowances or derivatives thereof to the clients of their main business , ### – provide investment services , other than dealing on own account , in commodity derivatives or derivative contracts included in annex i , section c 10 or emission allowances or derivatives thereof to the clients of their main business , to the extent that the transactions involved in the investment services provided are directly related to the hedging of its main commercial business and physical activity ,


### provided that in all cases this is an ancillary activity to their main business , when considered on a group basis , and that main business is not the provision of investment services within the meaning of this directive or banking services under directive 2006 / 48 / ec ; ### provided that in all cases this is an ancillary activity to their main business , when considered on a group basis , and that the size and characteristics of the ancillary business neither represent a significant proportion of nor have a significant impact on the market in which the business operates , and that main business is not the provision of investment services within the meaning of this directive or banking services under directive 2006 / 48 / ec ;


### the commission shall adopt delegated acts in accordance with article 94 concerning measures in respect of exemptions and , to clarifying when an activity is to be considered as ancillary to the main business on a group level as well as for determining when an activity is provided in an incidental manner . ### esma shall develop draft regulatory technical standards concerning measures in respect of exemptions and , to clarifying when an activity is to be considered as ancillary to the main business on a group level and specifying a threshold determining the market proportion and impact that shall be considered significant as well as for determining when an activity is provided in an incidental manner .


### the criteria for determining whether an activity is ancillary to the main business shall take into account at least the following elements : ### the criteria for determining whether an activity is ancillary to the main business and that the size and characteristics of the ancillary business neither represent a significant proportion of nor have a significant impact on the market in which the business operates shall take into account at least the following elements :


### the commission shall be empowered to adopt delegated acts in accordance with article 94 concerning measures to specify some technical elements of the definitions laid down in paragraph 1 of this article , to adjust them to market developments . ### esma shall submit draft regulatory technical standards to the commission concerning measures to specify technical elements of the definitions laid down in paragraph 1 of this article , inter alia to adjust them to market developments .


### support liquidity ; ### ensure sufficient market liquidity required by bona - fide hedging transactions and reduce volatility ;


### support orderly pricing and settlement conditions . ### ensure that the price discovery function and settlement conditions of the underlying market are not disrupted ;


### regulated markets , mtf and otfs shall inform their competent authority of the details of the limits or arrangements . the competent authority shall communicate the same information to esma which shall publish and maintain on its website a database with summaries of the limits or arrangements in force . ### regulated markets , mtf , otfs and otc dealers shall notify their competent authority of the details of the limits and arrangements . the competent authority shall communicate the same information to esma which shall publish and maintain on its website a database with summaries of the limits or arrangements in force . the competent authority or esma may require the regulated markets , mtf , otfs or otc dealers to review the details of the limits and arrangements when they consider that the regulated markets , mtf , otfs or otc dealers do not satisfy the criteria defined in paragraph 1 .


### the commission shall be empowered to adopt delegated acts in accordance with article 94 to determine the limits or alternative arrangements on the number of contracts which any person can enter into over a specified period of time and the necessary equivalent effects of the alternative arrangements established in accordance with paragraph 1 , as well as the conditions for exemptions . the limits or alternative arrangements shall take account of the conditions referred to in paragraph 1 and the limits that have been set by regulated markets , mtfs and otfs . the limits or alternative arrangements determined in the delegated acts shall also take precedence over any measures imposed by competent authorities pursuant to article 72 paragraph of this directive . ### esma shall develop draft regulatory technical standards to determine the ex - ante limits and arrangements on the number of contracts which any person can enter into over a specified period of time and the necessary effects of the additional arrangements and the method of calculating positions established in accordance with paragraph 1 , the conditions for exemptions as well as the relevant ratios of overall positions to aggregate positions resulting from bona fide hedging transactions required for establishing whether a situation of excessive speculation arises or whether there is a significant risk of such situation arising . the limits and arrangements shall take account of the conditions referred to in paragraph 1 and the limits that have been set by regulated markets , mtfs and otfs . the limits and arrangements determined in the delegated acts shall also take precedence over any measures imposed by competent authorities pursuant to article 72 paragraph of this directive . esma shall submit those draft implementing technical standards to the commission by [ 31 december 2012 ]


### member states shall ensure that regulated markets , mtfs , and otfs which admit to trading or trade commodity derivatives or emission allowances or derivatives thereof : ### member states and esma shall ensure that regulated markets , mtfs , otfs and otc dealers which admit to trading or trade commodity derivatives or emission allowances or derivatives thereof :


### make public a weekly report with the aggregate positions held by the different categories of traders for the different financial instruments traded on their platforms in accordance with paragraph 3 ; ### make public a weekly report with the aggregate positions held by the different categories of persons for the different financial instruments traded on their platforms in accordance with paragraph 3 ;


### the obligation laid down in point shall only apply when both the number of traders and their open positions in a given financial instrument exceed minimum thresholds . ### the obligations laid down in point and shall only apply when both the number of persons and their open positions in a given financial instrument exceed minimum thresholds .


### in order to enable the publication mentioned in point of paragraph 1 , member states shall require members and participants of regulated markets , mtfs and otfs to report to the respective trading venue the details of their positions in real - time , including any positions held on behalf of their clients . ### in order to enable the publication mentioned in point of paragraph 1 , member states shall require all persons holding a position in a relevant financial instrument to report to the respective trading venue or , in the case of otc contracts , directly to competent authorities the details of their positions in real - time , including any positions held on behalf of their clients as well as whether the transaction is a bona fide hedging transaction .


### commercial undertakings ; ### commercial undertakings performing bona fide hedging transactions ;


### esma shall develop draft implementing technical standards to determine the format of the reports mentioned in point of paragraph 1 , and the content of the information to be provided in accordance with paragraph 2 . ### esma shall develop draft implementing technical standards to determine the format of the reports mentioned in point of paragraph 1 , and the content of the information to be provided in accordance with paragraph 2 and paragraph 1 of article 59 .


### the commission shall be empowered to adopt delegated acts in accordance with article 94 concerning measures to specify the thresholds mentioned in the last subparagraph of paragraph 1 and to refine the categories of members , participants or clients mentioned in paragraph 3 . ### esma shall develop draft regulatory technical standards concerning measures to specify the thresholds mentioned in the last subparagraph of paragraph 1 and to adopt the relevant guidelines , criteria and notification requirements for the specification of the categories of members , participants , otc dealers , or clients mentioned in paragraph 3 .


### the free movement of workers is a fundamental freedom of eu citizens and one of the pillars of the internal market in the union enshrined in article 45 of the treaty on the functioning of the european union . its implementation is further developed by union law aimed at guaranteeing the full exercise of rights conferred on union citizens and the members of their families . ### the free movement of workers is a fundamental freedom of eu citizens and one of the pillars of the internal market in the union enshrined in article 45 of the treaty on the functioning of the european union . its implementation is further developed by union law aimed at guaranteeing the full exercise of rights conferred on union citizens and the members of their families . it is essential to ensure that this fundamental freedom always takes into consideration the principle of equality between women and men and the promotion of equal opportunities across the union .


### with respect to workers and workers ' families exercising their right to free movement , article 45 of the treaty confers substantial rights for the exercise of this fundamental freedom , specified in regulation no 492 / 2011 of the european parliament and of the council of 5 april 2011 on freedom of movement for workers within the union . ### the right of free movement of workers , has an important impact on family life and the educational and professional choices of workers and their partners ; with respect to workers and workers ' families exercising their right to free movement , article 45 of the treaty confers substantial rights for the exercise of this fundamental freedom , specified in regulation no 492 / 2011 of the european parliament and of the council of 5 april 2011 on freedom of movement for workers within the union and directive 2004 / 38 / ec of the european parliament and of the council of 29 april 2004 . when applying regulation 492 / 2011 , directive 2004 / 38 / ec and the present directive , member states shall not discriminate workers and the members of their families on any ground listed under article 21 of the charter of fundamental rights , including sexual orientation .


### however , the effective exercise of the freedom of movement of workers is still a major challenge and many workers are very often unaware of their rights to free movement . they still suffer from discrimination on the grounds of nationality when moving across european union borders of the member states . there is , therefore , a gap between the legislation and its application in practice that needs to be addressed . ### the effective exercise of the freedom of movement of workers is still a major challenge and many workers are very often unaware of their rights to free movement . they still suffer from discrimination on the grounds of nationality when moving across european union borders of the member states . workers also suffer from exacerbated effects of multiple discriminations on grounds of racial or ethnic origin , religion or belief , disability , age or sexual orientation and sex . there is , therefore , a gap between the legislation and its application in practice that needs to be addressed . this gap also remains for some vulnerable groups such as domestic workers , persons with disabilities , or illiterate persons . specific measures should therefore be implemented to allow these groups to enjoy their right to work in another member state .


### it is up to each member state to decide whether the tasks referred to in article 5 of this directive are attributed to an already existing body covering a wider range of discrimination grounds . in the case the tasks under article 5 will be covered by expanding the mandate of an already existing body or structure , the member state should ensure allocation of sufficient resources to the existing body for the performance of additional tasks in order to ensure that the performance of already existing tasks of these bodies will not suffer . ### member states are encouraged to attribute the tasks referred to in article 5 of this directive to an already existing equality body designated in accordance with article 13 of directive 2000 / 43 / ec or covering a wider range of discrimination grounds . in the case the tasks under article 5 will be covered by expanding the mandate of an already existing body or structure , the member state should ensure allocation of sufficient additional resources to the existing body for the performance of additional tasks in order to ensure the effective and adequate provision of all functions of the body and in particular that the performance of already existing tasks of these bodies will not suffer .


### member states should make information about employment terms and conditions more widely available to workers from other member states , to employers and to other interested parties . ### member states should make all relevant information regarding housing , healthcare security , tax advantages and disentencives for the worker ' s partner , tax and benefits relating to childcare and pensions ' rights widely available and easily accessible in the relevant languages to workers from other member states , to employers and to other interested parties . member states should ensure that affordable language courses for workers and their family members are available .


### this directive lays down minimum requirements , thus giving the member states the option of introducing or maintaining more favourable provisions . member states also have the possibility to extend the competencies of the organisations entrusted with tasks related to the protection of union migrant workers against discrimination on grounds of nationality so as to cover the right to equal treatment without discrimination on grounds of nationality of all union citizens and their family members exercising their right to free movement , as enshrined in article 21 tfeu and directive 2004 / 38 / ec of the european parliament and of the council of 29 april 2004 on the right of citizens of the union and their family members to move and reside freely within the territory of the member states . the implementation of the present directive should not serve to justify any regression in relation to the situation which already prevails in each member state . ### this directive lays down minimum requirements , thus giving the member states the option of introducing or maintaining more favourable provisions especially in order to ensure equal opportunities for women and men to make use of the right to free movement . member states also have the possibility to extend the competencies of the organisations entrusted with tasks related to the protection of union migrant workers against discrimination on grounds of nationality so as to cover the right to equal treatment without discrimination on grounds of nationality of all union citizens and their family members exercising their right to free movement , as enshrined in article 21 tfeu and directive 2004 / 38 / ec of the european parliament and of the council of 29 april 2004 on the right of citizens of the union and their family members to move and reside freely within the territory of the member states . the implementation of the present directive should not serve to justify any regression in relation to the situation which already prevails in each member state .


### after a sufficient time of implementation of the directive has elapsed , the commission should prepare a report on its implementation , evaluating in particular the opportunity to present any necessary proposal aiming to guarantee a better enforcement of the union law on free movement . ### after a sufficient time of implementation of the directive has elapsed , the commission should prepare a report on its implementation , evaluating in particular the opportunity to present any necessary proposal aiming to guarantee a better enforcement of the union law on free movement . this evaluation should take a gender sensitive approach .


### conditions of employment and work , in particular as regards remuneration and dismissal ; ### conditions of employment and work , in particular as regards non - discrimination on any ground , remuneration and dismissal ;


### membership of trade unions ; ### membership of trade unions and other work - related bodies ;


### access to education for workers ' children . ### access to education including early childhood education and childcare for workers ' children .


### member states shall ensure that judicial and / or administrative procedures , including where they deem it appropriate , conciliation procedures , for the enforcement of the obligations under article 45 of the treaty and articles 1 to 10 of regulation no 492 / 2011 , are available to all workers and members of their families who consider they have suffered or are suffering from unjustified restrictions to their right to free movement or consider themselves wronged by failure to apply the principle of equal treatment to them , even after the relationship in which the discrimination is alleged to have occurred has ended . ### member states shall ensure that judicial and / or administrative procedures , including where they deem it appropriate , conciliation procedures , for the enforcement of the obligations under article 45 of the treaty and articles 1 to 10 of regulation no 492 / 2011 , are available to all workers and members of their families who consider they have suffered or are suffering from discrimination or unjustified restrictions to their right to free movement or consider themselves wronged by failure to apply the principle of equal treatment to them , even after the relationship in which the discrimination is alleged to have occurred has ended .


### member states shall ensure that associations , organisations or other legal entities , which have , in accordance with the criteria laid down by their national law , a legitimate interest in ensuring that the provisions of this directive are complied with , may engage , either on behalf of or in support of the worker and members of his / her family , with his / her approval , in any judicial and / or administrative procedure provided for the enforcement of rights under article 45 of the treaty and articles 1 to 10 of regulation no 492 / 2011 . ### member states shall ensure that associations , organisations or other legal entities , which have , in accordance with the criteria laid down by their national law , a legitimate interest in ensuring that the provisions of this directive are complied with , may engage , either on behalf of or in support of the worker and members of his / her family , where applicable with his / her approval , in any judicial and / or administrative procedure provided for the enforcement of rights under article 45 of the treaty and articles 1 to 10 of regulation no 492 / 2011 .


### member states shall designate a structure , a body or bodies for the promotion , analysis , monitoring and support of equal treatment of all workers or members of their families without discrimination on grounds of nationality and make the necessary arrangements for functioning of such bodies . these bodies may form part of agencies at a national level with similar objectives but covering a wider range of discrimination grounds . in that case , the member state shall ensure allocation of sufficient resources to the existing body for the performance of additional tasks in order to ensure that the performance of already existing tasks of these bodies will not suffer . ### member states shall designate a structure , a body or bodies for the promotion , analysis , monitoring and support of equal treatment of all workers or members of their families without discrimination on grounds of nationality and make the necessary arrangements for functioning of such bodies , including guaranteeing their complete independence . member states shall ensure that these bodies have a gender sensitive approach at all stages of the process . these bodies may form part of agencies at a national level with similar objectives as those referred to in article 13 of directive 2000 / 43 / ec or covering a wider range of discrimination grounds . in that case , the member state shall ensure allocation of sufficient resources to the existing body for the performance of additional tasks in order to ensure the effective and adequate provision of all functions of the body and in particular that the performance of already existing tasks of these bodies will not suffer .


### dialogue ### interest representation and dialogue


### member states shall encourage dialogue with appropriate non - governmental organisations and the social partners which have , in accordance with their national law and practice , a legitimate interest in contributing to the fight against discrimination on grounds of nationality with a view to promoting the principle of equal treatment . ### member states shall encourage and support dialogue with appropriate non - governmental organisations and the social partners which have , in accordance with their national law and practice , a legitimate interest in contributing to the fight against discrimination on grounds of nationality with a view to promoting the principle of equal treatment .


### member states shall ensure that the provisions adopted pursuant to this directive together with the relevant provisions already in force in articles 1 to 10 of regulation no&#160 ; 492 / 2011 , are brought to the attention of the persons concerned by all appropriate means throughout their territory . ### member states shall ensure that not only the provisions adopted pursuant to this directive together with the relevant provisions already in force in articles 1 to 10 of regulation no&#160 ; 492 / 2011 , but also the wide range of other rules related to social security including family benefits , rights at work , conditions of work , tax , family recognition , language learning which are of importance to workers and their families exercising their right to free movement , are brought to the attention of the persons concerned by all appropriate means throughout their territory .


### mobile network operators shall meet all reasonable requests for wholesale roaming access , including those from mobile virtual network operators and resellers . rules on regulated wholesale roaming tariffs laid down in articles 6 , 8 and 11 shall apply for the provision of wholesale roaming access . ### with effect from 1 july 2014 mobile network operators shall meet all reasonable requests for wholesale roaming access , including those from mobile virtual network operators and resellers . rules on regulated wholesale roaming tariffs laid down in article 6 , 8 and 13 shall apply for the provision of wholesale roaming access .


### with effect from 1 july 2012 , the average wholesale charge that the operator of a visited network may levy from the customer ' s home provider , for the provision of a regulated roaming sms message originating on that visited network , shall not exceed eur&#160 ; &#160 ; 0 , 03 per sms message . &#160 ; the maximum average wholesale charge for the provision of a regulated roaming sms message shall decrease to eur 0 , 02 on 1 july 2014 . without prejudice to article 13 the regulated wholesale charge for the provision of regulated roaming sms messages shall remain at eur 0 , 02 for the duration of this regulation . &#160 ; ### with effect from 1 july 2012 , the average wholesale charge that the operator of a visited network may levy from the customer ' s home provider , for the provision of a regulated roaming sms message originating on that visited network , shall not exceed eur 0 , 03 per sms message , and shall decrease to eur 0 , 02 on 1 july 2013 and to eur 0 , 01 on 1 july 2014 . without prejudice to article 19 the regulated wholesale charge for the provision of regulated roaming sms messages shall remain at eur 0 , 01 for the duration of this regulation . &#160 ;


### with effect from 1 july 2012 , the retail charge of a euro - data tariff which a home provider may levy from its roaming customer for the provision of a regulated roaming data shall not exceed eur 0 , 90 per megabyte . the price ceiling for data used shall decrease to eur 0 , 70 and eur 0 , 50 , per megabyte used on 1 july 2013 and on 1 july 2014 respectively . without prejudice to articles 13 and 19 , the regulated maximum retail charge shall remain at eur 0 , 50 , per megabyte used until 30 june 2016 . ### with effect from 1 july 2012 , the retail charge of a euro - data tariff which a home provider may levy from its roaming customer for the provision of a regulated roaming data shall not exceed eur 20 per gigabyte . the maximum retail charge for the provision of roaming data below 1 gigabyte shall be proportionate to eur 20 per gigabyte . without prejudice to articles 13 and 19 , the regulated maximum retail charge shall remain at eur 20 , per gigabyte used until 30 june 2016 .


### of the various services offered by european satellite navigation systems , the prs is both the most secure and the most sensitive . it must ensure service continuity for its participants , even in the most serious crisis situations . the consequences of infringing the security rules when using this service are not restricted to the user concerned , but could potentially extend to other users . use and management of the prs is therefore the joint responsibility of member states in order to protect the security of the european union and their own security . consequently , access to the prs must be strictly limited to certain categories of user which are subject to continuous monitoring . ### of the various services offered by european satellite navigation systems , the prs is both the most secure and the most sensitive . it must ensure service continuity for its participants , even in the most serious crisis situations . this is only possible if one can technically prevent that no major players in the field of space and navigation like the united states of america or the people ' s republic of china are able to modify , disrupt or even destroy galileo or its components . the consequences of infringing the security rules when using this service are not restricted to the user concerned , but could potentially extend to other users . use and management of the prs is therefore the joint responsibility of member states in order to protect the security of the european union and their own security . consequently , access to the prs must be strictly limited to certain categories of user which are subject to continuous monitoring .


### the council is also called upon to play a role in managing the prs , both through the application of council joint action 2004 / 552 / cfsp of 12 july 2004 on aspects of the operation of the european satellite radio - navigation system affecting the security of the european union8 , and through the approval of international agreements authorising a non - member country or an international organisation to use the prs . ### the council is also called upon to play a role in managing the prs , both through the application of council joint action 2004 / 552 / cfsp of 12 july 2004 on aspects of the operation of the european satellite radio - navigation system affecting the security of the european union8 , and through the approval of international agreements authorising a non - member country or an international organisation to use the prs . it must be noted that the security governance remains unclear in the event of an immediate attack by a hostile state or non state actor against the european union , its member states or partner countries using prs or other galileo services . joint action 2004 / 552 / cfsp needs to be modified in order to be more detailed on the question whether the high representative for foreign affairs and security policy / vice - president of the commission has the right to disrupt or significantly modify the service without further consultation in the event of an immediate threat .


### in order to enhance the coherence and the focus of the eib external financing activity on supporting union policies , and for the maximum benefit of beneficiaries , decision no 1080 / 2011 / eu set out general objectives for eib financing operations across all eligible regions and countries , i . e . local private sector development , in particular in support of small and medium - sized enterprises , social and economic infrastructure and climate change mitigation and adaptation , building on the comparative strengths of the eib in areas where it has a well - proven track record . these objectives should be maintained in this decision . ### in order to respect developing country ownership , all eib investments should be aligned to country owned development strategies . against this background , in order to enhance the coherence and the focus of the eib external financing activity on supporting union policies , and for the maximum benefit of beneficiaries , decision no 1080 / 2011 / eu set out general objectives for eib financing operations across all eligible regions and countries , i . e . local private sector development , in particular in support of small and medium - sized enterprises , social and economic infrastructure and climate change mitigation and adaptation , building on the comparative strengths of the eib in areas where it has a well - proven track record . these objectives should be maintained in this decision .


### improving access to financing for smes , including smes from the union investing in the regions covered by this decision , can play an essential role in stimulating economic development and in combating unemployment . in order to effectively reach out to smes , the eib should cooperate with local financial intermediary institutions in the eligible countries , in particular to ensure that part of the financial benefits is passed on to their clients and provide added value compared to other sources of finance . ### improving access to financing for smes , including smes from the union investing in the regions covered by this decision , can play an essential role in stimulating economic development and in combating unemployment . to ensure that investments in the private sector have the greatest development impact , they should be targeted towards domestic entreprises owned and domiciled with developing countries . to this end , in order to effectively reach out to smes , the eib should cooperate with local financial intermediary institutions in the eligible countries , in particular to ensure that part of the financial benefits is passed on to their clients and provide added value compared to other sources of finance . the reliance on financial intermediaries must be complemented by increased transparency to ensure that they are engaging in programmes with clear development impacts . in particular , the eib should work with financial intermediaries that have substantial local ownership , and ensure that the projects financed through intermediaries support sustainable development and that the operations are done in a transparent manner . the eib should also ensure that financing to the private sector goes where it is most needed , taking into account the priorities of the partner countries .


### the eib should also continue to finance investment projects in support of climate change mitigation and adaptation , to further the promotion of the union ' s climate goals on a global scale . ### the eib should also continue to finance investment projects in support of climate change mitigation and adaptation , to further the promotion of the union ' s climate goals on a global scale . to this end , priority should be given to small - scale , off - grid decentralised renewable energy projects , to ensure energy access to rural areas , while avoiding potential negative social and environmental impact of large - scale energy infrastructure .


### union external relations should be supported by new instruments from 2014 , including an umbrella regulation establishing common rules and procedures for the implementation of the union ' s instruments for external action . with a view to enhancing the coherence of overall union support in the regions concerned , opportunities should be seized to combine eib financing with union budgetary resources when and as appropriate , in the form of financial instruments provided for in title viii of regulation no 966 / 2012 of the european parliament and of the council of 25 october 2012 on the financial rules applicable to the general budget of the union and repealing council regulation no 1605 / 2002 and technical assistance for project preparation and implementation , through the instrument for pre - accession assistance ii , the european neighbourhood instrument , the development cooperation instrument , the partnership instrument for cooperation with third countries , the instrument for the promotion of democracy and human rights worldwide , the instrument for stability , and the instrument for nuclear safety cooperation . following decision no 1080 / 2011 / eu , the commission established an eu platform for blending in external cooperation with a view to optimising the functioning of mechanisms for the blending of grants and loans outside the union . ### union external relations should be supported by new instruments from 2014 , including an umbrella regulation establishing common rules and procedures for the implementation of the union ' s instruments for external action . with a view to enhancing the coherence of overall union support in the regions concerned , and provided that blending activities have a clear sustainable development impact , that can be effectively monitored , opportunities should be seized to combine eib financing with union budgetary resources when and as appropriate , in the form of financial instruments provided for in title viii of regulation no 966 / 2012 of the european parliament and of the council of 25 october 2012 on the financial rules applicable to the general budget of the union and repealing council regulation no 1605 / 2002 and technical assistance for project preparation and implementation , through the instrument for pre - accession assistance ii , the european neighbourhood instrument , the development cooperation instrument , the partnership instrument for cooperation with third countries , the instrument for the promotion of democracy and human rights worldwide , the instrument for stability , and the instrument for nuclear safety cooperation . following decision no 1080 / 2011 / eu , the commission established an eu platform for blending in external cooperation with a view to optimising the functioning of mechanisms for the blending of grants and loans outside the union .


### in its financing operations outside the union that fall within the scope of this decision , the eib should endeavour further to enhance coordination and cooperation with european financial institutions and international financial institutions , notably those participating in the eu platform for blending in external cooperation . this cooperation includes , where appropriate , cooperation on sector conditionality and mutual reliance on procedures , use of joint co - financing and participation in global initiatives , such as those promoting aid coordination and effectiveness . such coordination and cooperation should strive to minimise possible duplication of costs and unnecessary overlap . the tripartite memorandum of understanding between the commission , the eib group and the european bank for reconstruction and development in respect of cooperation outside the union , which allows the eib group and the ebrd to act in a complementary way by relying on their respective comparative advantages , was updated in 2012 to cover the extension of ebrd ' s geographical scope to the mediterranean region and should continue to be applied . the principles set out in this decision should also be applied when eib financing is implemented through cooperation agreements with other european financial institutions and international financial institutions . ### the mechanism of blending loans and grants must be evaluated particularly in terms of development and financial additionality , transparency and accountability , local ownership and debt risk . provided that it has a clear sustainable development impact , the eib should , in its financing operations outside the union that fall within the scope of this decision , endeavour further to enhance coordination and cooperation with european financial institutions and international financial institutions , notably those participating in the eu platform for blending in external cooperation . this cooperation includes , where appropriate , cooperation on sector conditionality and mutual reliance on procedures , use of joint co - financing and participation in global initiatives , such as those promoting aid coordination and effectiveness . such coordination and cooperation should strive to minimise possible duplication of costs and unnecessary overlap . the tripartite memorandum of understanding between the commission , the eib group and the european bank for reconstruction and development in respect of cooperation outside the union , which allows the eib group and the ebrd to act in a complementary way by relying on their respective comparative advantages , was updated in 2012 to cover the extension of ebrd ' s geographical scope to the mediterranean region and should continue to be applied . the principles set out in this decision should also be applied when eib financing is implemented through cooperation agreements with other european financial institutions and international financial institutions , including regarding consistency with union ' s development objectives , aid effectiveness principles , transparency and democratic scrutiny .


### eib financing operations supporting the objectives provided for in paragraph 1 may include support to investment projects by smes from the union . ### to ensure that investments in the private sector have the greatest development impact , eib financing operations supporting the objectives provided for in paragraph 1 shall target domestic companies owned and domiciled within developing countries whenever possible , but may also include support to investment projects by smes from the union .


### eib financing operations supporting the objectives provided for in paragraph 1 shall support investment projects in the areas of transport , energy , including renewable energy , energy systems transformation enabling a switch to lower carbon intensive technologies and fuels , energy security and energy infrastructure , including for gas production and transportation to eu energy market , environmental infrastructure , including water and sanitation and green infrastructure , information and communication technology , including telecommunications and broadband network infrastructure , health and education . ### eib financing operations supporting the objectives provided for in paragraph 1 shall support investment projects in the areas of transport , energy , including decentralised off - grid renewable energy , energy systems transformation enabling a switch to lower carbon intensive technologies and fuels , energy security and energy infrastructure , including for gas production and transportation to eu energy market , environmental infrastructure , including water and sanitation and green infrastructure , information and communication technology , including telecommunications and broadband network infrastructure , health and education . compliance with the provisions of the aarhus convention on access to information , public participation in decision - making and access to justice in environmental matters should be ensured by the eib at the different relevant stages of projects .


### the eib shall inform olaf immediately when , at any stage of the preparation , implementation or closure of projects subject to the eu guarantee , it detects a potential case of fraud , corruption or other illegal activity that may affect the financial interests of the eu . ### the eib shall inform olaf immediately when , at any stage of the preparation , implementation or closure of projects subject to the eu guarantee , it detects a potential case of fraud , corruption or other illegal activity that may affect the financial interests of the eu . in such cases , the disbursement of loans should be immediately suspended until olaf investigation findings are available . where corruption is proven , the eib shall assist asset recovery efforts by disclosing to the relevant authorities any assets held by the eib that relate to such corruption or that derive from it .


### directive 92 / 43 / eec on the conservation of natural habitats and of wild fauna and flora , lists salmon as a species of european union interest and measures taken pursuant to this directive should be designed to ensure that their exploitation is compatible with a favourable conservation status . there is hence a need to ensure that measures to protect salmon taken under this regulation are consistent and coordinated with those taken under the mentioned directive . ### directive 92 / 43 / eec on the conservation of natural habitats and of wild fauna and flora , lists salmon as a species of european union interest and measures taken pursuant to that directive should be designed to ensure that their exploitation is compatible with a favourable conservation status . there is hence a need to ensure that measures to protect salmon taken under this regulation are consistent and coordinated with those taken under the mentioned directive . in order for sustainable growth of salmon stocks to be achieved , mixed - stock fishing must be phased out and replaced with separate fishing of each stock . prohibiting fishing with drift longliners is also an important way of improving salmon stocks , as this would reduce discards of under - sized salmon .


### the implementation plan agreed by the world summit on sustainable development at johannesburg in 2002 states that all commercial stocks should be restored to levels that can produce maximum sustainable yield by 2015 . ices deems that for the baltic salmon river stocks this level corresponds to a smolt production level between 60% and 75 % of the potential smolt production capacity for the different wild salmon rivers . such scientific advice should constitute the basis for setting the objectives and targets of the multiannual plan . ### the implementation plan agreed by the world summit on sustainable development at johannesburg in 2002 states that all commercial stocks should be restored to levels that can produce maximum sustainable yield by 2015 . this has been a legal requirement since 1994 under united nations convention on the law of the sea . ices deems that for the baltic salmon river stocks this level corresponds to a smolt production level between 60% and 75 % of the potential smolt production capacity for the different wild salmon rivers . such scientific advice should constitute the basis for setting the objectives and targets of the multiannual plan .


### a substantial part of the coastal vessels fishing for salmon are below 10 m in length . for this reason the use of fishing logbook as requested by article 14 and prior notification as requested by article 17 of regulation 1224 / 2009 should be extended to cover all vessels . ### a substantial part of the coastal vessels fishing for salmon are below 10 m in length . for this reason the use of fishing logbook as requested by article 14 and prior notification as requested by article 17 of regulation 1224 / 2009 should be extended to cover all commercial fishing vessels and service vessels used for angling and other types of fishing .


### recent scientific advice indicates that recreational salmon fisheries at sea have a significant impact on the salmon stocks , even though the data quality in this regard is not at a high precision level . in particular , recreational fisheries carried out from vessels operated by undertakings offering their services for profit can potentially account for an important part of catches of baltic salmon . hence , it is appropriate for the functioning of the multiannual plan to introduce certain specific management measures to control such activities . ### recent scientific advice indicates that recreational salmon fisheries have a significant impact on the salmon stocks , even though the data quality in this regard is not at a high precision level . hence , it is appropriate for the functioning of the multiannual plan to introduce certain specific management measures to control such recreational fishing activities .


### commercial fisheries in the baltic sea and in rivers connected with it on the territory of member states ; ### commercial fisheries and service vessels in the baltic sea and in rivers connected with it on the territory of member states ;


### for wild salmon rivers which have reached 50 % of the potential smolt production capacity by the time of the entry into force of this regulation , the wild smolt production shall reach 75 % of the potential smolt production capacity for each river in five years after the entry into force of this regulation . ### for wild salmon rivers which have reached 50 % of the potential smolt production capacity by the time of the entry into force of this regulation , the wild smolt production shall reach 80 % of the potential smolt production capacity for each river in five years after the entry into force of this regulation .


### for wild salmon rivers which have not reached 50 % of the potential smolt production capacity by the time of the entry into force of this regulation , the wild smolt production shall reach 50% of the potential smolt production capacity for each river in five years and 75 % in ten years after the entry into force of this regulation . ### for wild salmon rivers which have not reached 50 % of the potential smolt production capacity by the time of the entry into force of this regulation , the wild smolt production shall reach 50 % of the potential smolt production capacity for each river in five years and 80 % in ten years after the entry into force of this regulation .


### after ten years from the entry into force of this regulation , the wild salmon smolt production shall be maintained at a level of at least 75% of the potential smolt production capacity in each wild salmon river . ### after ten years from the entry into force of this regulation , the wild salmon smolt production shall be maintained at a level of at least 80 % of the potential smolt production capacity in each wild salmon river .


### use of the national quota by service vessels ### use of the national quota by service vessels and recreational fishing