### the maintenance of vineyards , which are the most widespread type of cultivation in the regions of madeira and the canary islands and a very important one for the azores , is an economic and environmental imperative . to help support production , neither the abandonment premiums nor the market mechanisms provided for in regulation no 1234 / 2007 should be applicable in these regions , but nonetheless , in the canary islands , it should be possible to apply crisis distillation measures in the event of exceptional market disturbance arising from quality problems . similarly , technical and socio - economic difficulties have prevented complete conversion , within the time limits established , of the areas in the regions of madeira and the azores under vines of hybrid varieties prohibited by regulation no 1234 / 2007 . the wine produced by such vineyards is intended solely for traditional local consumption . ### the maintenance of vineyards , which are the most widespread type of cultivation in the regions of madeira and the canary islands and a very important one for the azores , is an economic , social and environmental imperative . to help support production , neither the abandonment premiums nor the market mechanisms provided for in regulation no 1234 / 2007 should be applicable in these regions , but nonetheless , in the canary islands , it should be possible to apply crisis distillation measures in the event of exceptional market disturbance arising from quality problems . similarly , technical and socio - economic difficulties have prevented complete conversion , within the time limits established , of the areas in the regions of madeira and the azores under vines of hybrid varieties prohibited by regulation no 1234 / 2007 . the wine produced by such vineyards is intended solely for traditional local consumption .


### having regard to the treaty on the functioning of the european union , and in particular the first subparagraph of article 42 and article 43 thereof , ### having regard to the treaty on the functioning of the european union , and in particular the first subparagraph of article 42 , article 43 and article 349 thereof ,


### preservation and development of agricultural activities in the outermost regions , including the production , processing and the sale of local products . ### securing the long - term future and development of the so - called livestock and crop diversification sectors in the outermost regions , including the production , processing and the sale of local products , thereby significantly improving the local population’s degree of self - sufficiency by increasing domestic production and reducing imports ;


### given that rice constitutes a staple of the diet of réunion , and since the island does not produce sufficient quantities to meet local requirements , the import of this product to the island should continue to be exempt from any form of import tax . ### given that rice constitutes a staple of the diet of réunion and that rice processing and polishing industries have been established there for many years , and since the island does not produce sufficient quantities of rice to meet local requirements , the import of this product to the island should continue to be exempt from any form of import tax .


### guaranteed supply to the outermost regions of products essential for human consumption or for processing and as agricultural inputs by mitigating the additional costs due to extreme remoteness ; ### guaranteed supply to the outermost regions of products essential for human consumption or for processing and as agricultural inputs by mitigating the additional costs due to extreme remoteness , without harming local production and the growth thereof ;


### support for the production of cow’s milk in madeira and réunion has not been sufficient to maintain the balance between domestic and external supply , chiefly because of the serious structural difficulties affecting the sector and its poor capacity to adapt to new economic environments . consequently , authorisation to produce uht milk reconstituted from milk powder of eu origin should continue , in order to cover local consumption more fully . in order to inform the consumer correctly , it should be made compulsory to indicate the method by which uht milk is reconstituted using milk powder on the sales labelling . ### support for the production of cow’s milk in madeira and réunion has not been sufficient to maintain the balance between domestic and external supply , chiefly because of the serious structural difficulties affecting the sector and its problems in adapting to new economic environments . consequently , authorisation to produce uht milk reconstituted from milk powder of eu origin should continue , in order to cover local consumption more fully , provided that this does not pose an obstacle to the collection and marketing of all locally produced milk , or hamper the efforts to promote the expansion of local production , the medium - term aim being to secure , for réunion , self - sufficiency in milk . in order to inform the consumer correctly , it should be made compulsory to indicate the method by which uht milk is reconstituted using milk powder on the sales labelling . this provision should also be applicable in martinique , french guiana and guadeloupe , should france make such a request citing the wish of local stakeholders to be covered by it and their ability to develop the milk sector .


### ' alternative fuels ' mean fuels which substitute fossil oil sources in the energy supply to transport and which have a potential to contribute to its decarbonisation . they include : ### ' alternative fuels ' mean fuels which serve as a substitute for oil and its derivatives in the supply of energy to transport . they include :


### electricity is a clean fuel particularly attractive for deployment of electric vehicles and electric two - wheelers in urban agglomerations which can contribute to improving air quality and reducing noise . member states should ensure that recharging points for electric vehicles are built up with sufficient coverage , at least twice the number of vehicles , and 10% of them publicly accessible , focussing in particular on urban agglomerations . private owners of electric vehicles depend to a large extent on access to recharging points in collective parking lots , such as in appartment blocks , office and business locations . regulatory provisions should be set up by public authorities , assisting citizens by ensuring that the appropriate infrastructure with sufficient electric vehicle recharging points is provided by the site developers and managers . ### electricity generated by renewable sources is a clean fuel particularly attractive for the deployment in urban agglomerations of electric vehicles and electric two - wheelers , which can contribute to improving air quality and reducing noise . the decision on how many charging stations and where they should be located should lie with the municipal authorities , who should endeavour to build up a network , covering a sufficiently large area , of recharging points for electric vehicles , in particular those used for collective / public transport , as well as electric bicycles , scooters and motorcycles . regulatory provisions should be set up by regional and local authorities , assisting citizens by ensuring that the appropriate infrastructure , with sufficient electric vehicle recharging points , is provided by the site developers and managers . local and regional authorities need to retain the flexibility to choose the technology that best suits their local and regional needs and priorities .


### member states shall cooperate to ensure that heavy duty motor vehicles running on lng can travel all along the roads on the ten - t core network . for this purposes , publicly accessible refuelling points for lng shall be established within distances not exceeding 400 km by 31 december 2020 at the latest . ### member states shall cooperate to ensure that heavy - duty motor vehicles running on lng , hydrogen or advanced biofuels can travel all along the roads on the ten - t core network .


### electric vehicles could contribute to the stability of the electricity system by recharging their batteries from the grid at times of low general electricity demand and feeding power from the batteries back into the grid at times of high general electricity demand . therefore recharging points should use intelligent metering systems , and the price for electricity at a recharging point should be market based , so that flexible consumption of electricity is promoted through dynamic pricing . ### electric vehicles could contribute to the stability of the electricity system by recharging their batteries from the grid at times of low general electricity demand and feeding power from the batteries back into the grid at times of high general electricity demand . therefore , recharging points should use intelligent metering systems to ensure technology neutrality , and the price for electricity at a recharging point should be market - based , so that flexible consumption of electricity is promoted through dynamic pricing .


### fragmentation of the internal market through uncoordinated market introduction of alternative fuels should be avoided . coordinated policy frameworks of all member states should therefore provide the long - term security required for private and public investment into vehicle and fuel technology , and infrastructure build - up . member states should therefore establish national policy frameworks outlining their objectives , targets , and supporting actions on the market development of alternative fuels , including the necessary infrastructure to be put into place . member states should cooperate with other neighbouring member states on the regional or macro - regional level , through consultation or joint policy frameworks , in particular where continuity of alternative fuel infrastructure coverage across national borders or construction of new infrastructure in the proximity of national borders is required . a coordination of these national policy frameworks and their coherence at eu level should be ensured by the commission , following a periodic evaluation thereof . ### fragmentation of the internal market through uncoordinated market introduction of alternative fuels should be avoided . coordinated policy frameworks of all member states should serve the dual purpose of ending oil dependency in the transport sector and achieving a 60% cut in greenhouse gas emissions in that sector by 2050 . member states should therefore establish national policy frameworks outlining their objectives concerning global reduction in energy consumption , especially consumption of oil and its derivatives in the transport sector , as well as the deployment of electrified public transport services , and the development of alternative fuels , including the necessary infrastructure to be put in place . member states should cooperate with other neighbouring member states on the regional or macro - regional level , through consultation or joint policy frameworks , in particular where continuity of alternative fuel infrastructure coverage across national borders or construction of new infrastructure in the proximity of national borders is required . the commission should ensure the coordination of those national policy frameworks and their coherence at union level , following a periodic evaluation thereof .


### member states shall ensure that a sufficient number of publicly accessible refuelling points are available , with maximum distances of 150 km , to allow the circulation of cng vehicles union - wide by 31 december 2020 at the latest . ### member states shall encourage the build - up of publicly accessible refuelling points to allow the circulation of cng vehicles by 31 december 2020 at the latest .


### the commission delivered in 2010 a mandate to the european standardisation organisations in order to issue new standards or review the existing ones with the aim of ensuring the interoperability and connectivity between the electricity supply point and the charger of electric vehicles . cen / cenelec set up a focus group which published a report in october 2011 . whereas the report contains a number of recommendations , no consensus was found to select one standard interface . therefore , further policy action is needed in order to provide a non - proprietary solution ensuring interoperability across the eu . ### in 2010 the commission delivered to the european standardisation organisations a mandate to issue new standards or review the existing ones with the aim of ensuring interoperability and connectivity between the electricity supply point and the charger of electric vehicles . cen / cenelec set up a focus group which published a report in october 2011 . although the report contains a number of recommendations , no consensus was found to select one standard interface . therefore , further policy action is needed in order to provide a non - proprietary solution ensuring interoperability across the union and beyond .


### by the time of conclusion of the contract the statement had been corrected ; ### by the time of conclusion of the contract the statement had been corrected by the same means and in due time before ;


### they are fit for the purposes for which goods of the same type are normally used or ### they are fit for the purposes for which goods of the same type are normally used ; and


### where an application concerns a document originating from a member state , other than documents transmitted in the framework of procedures leading to a legislative act or a non - legislative act of general application , the authorities of that member state shall be consulted . the institution holding the document shall disclose it unless the member state gives reasons for withholding it , based on the exceptions referred to in article 4 or on specific provisions in its own legislation preventing disclosure of the document concerned . the institution shall appreciate the adequacy of reasons given by the member state insofar as they are based on exceptions laid down in this regulation . ### where an application concerns a document originating from a member state , other than documents transmitted in the framework of procedures leading to a legislative act or a non - legislative act of general application , or information submitted to the commission concerning the implementation of union legislation , until such time as any court proceedings relating to it have begun , the authorities of that member state shall be consulted . the institution , body , office or agency holding the document shall disclose it unless the member state gives reasons for withholding it , based on the exceptions referred to in article 4 . the institution shall appreciate the adequacy of such reasons given by the member state .


### for direct debits the payer has an unconditional right for refund within the time limits set in article 68 , except where the payee has already fulfilled the contractual obligations and the services have already been received or the goods have already been consumed by the payer . at the payment service provider ' s request , the payee shall bear the burden to prove that the conditions referred to in the third subparagraph . ### for direct debits the payer has an unconditional right for refund within the time limits set in article 68 .


### the payment service provider shall not prevent the payee from requesting from the payer a charge , offering him a reduction or otherwise steering him towards the use of a given payment instrument . any charges applied shall , however , not exceed the costs borne by the payee for the use the specific payment instrument . ### the payee shall not be authorised to request from the payer a charge for using any means of payment . the payment service provider shall not prevent the payee from offering the payer a reduction for the use of a given payment instrument providing it does not result in a reverse surcharge .


### member states shall ensure that the point in time of receipt is the time when the payment order initiated directly by the payer or on his behalf by a third party payment service provider or indirectly by or through a payee is received by the payer ' s payment service provider . if the point in time of receipt is not on a business day for the payer ' s payment service provider , the payment order shall be deemed to have been received on the following business day . the payment service provider may establish a cut - off time near the end of a business day beyond which any payment order received shall be deemed to have been received on the following business day . ### member states shall ensure that the point in time of receipt is the time when the payment order initiated directly by the payer or on his behalf by a third party payment service provider or indirectly by or through a payee is received by the payer ' s payment service provider . the point in time of receipt cannot be later than the point in time of debiting the payer ' s account . if the point in time of receipt is not on a business day for the payer ' s payment service provider , the payment order shall be deemed to have been received on the following business day . the payment service provider may establish a cut - off time near the end of a business day beyond which any payment order received shall be deemed to have been received on the following business day .


### in order to facilitate customer mobility , it should be possible for consumers to terminate a framework contract after a year without incurring charges . for consumers , the period of notice agreed should be no longer than a month , and for payment service providers no shorter than two months . this directive should be without prejudice to the payment service provider’s obligation to terminate the payment service contract in exceptional circumstances under other relevant union or national legislation , such as legislation on money laundering and terrorist financing , any action targeting the freezing of funds , or any specific measure linked to the prevention and investigation of crimes . ### in order to facilitate customer mobility , it should be possible for consumers to terminate a framework contract without incurring charges . for consumers , the period of notice agreed should be no longer than a month , and for payment service providers no shorter than three months . this directive should be without prejudice to the payment service provider’s obligation to terminate the payment service contract in exceptional circumstances under other relevant union or national legislation , such as legislation on money laundering and terrorist financing , any action targeting the freezing of funds , or any specific measure linked to the prevention and investigation of crimes .


### the review of the union legal framework on payment services and notably the analysis of the impact of directive 2007 / 64 / ec and the consultation on the commission green paper ‘ towards an integrated european market for card , internet and mobile payments’24 have shown that developments have given rise to important challenges from a regulatory perspective . important areas of the payments market , in particular card payments , internet and mobile payments are often still fragmented along national borders . many innovative payment products or services do not fall , entirely or in large parts , under the scope of directive 2007 / 64 / ec . furthermore , the scope of directive 2007 / 64 / ec and in particular , the elements excluded therefrom , as certain payment - related activities from the general rules , proved in a few cases too ambiguous , too general or simply outdated , taking into account the market developments . this has resulted in legal uncertainty , potential security risks in the payment chain and a lack of consumer protection in certain areas . for innovative and easy - to - use digital payment services it has proven to be difficult to take off and provide consumers and retailers with effective , convenient and secure payment methods in the union . __________________ 24 com 941 final . ### the review of the union legal framework on payment services and notably the analysis of the impact of directive 2007 / 64 / ec and the consultation on the commission green paper ‘ towards an integrated european market for card , internet and mobile payments’24 have shown that developments have given rise to important challenges from a regulatory perspective . important areas of the payments market , in particular card payments , internet and mobile payments are often still fragmented along national borders . many innovative payment products or services do not fall , entirely or in large parts , under the scope of directive 2007 / 64 / ec . furthermore , the scope of directive 2007 / 64 / ec and in particular , the elements excluded therefrom , as certain payment - related activities from the general rules , proved in a few cases too ambiguous , too general or simply outdated , taking into account the market developments . this has resulted in legal uncertainty , potential security risks in the payment chain and a lack of consumer protection in certain areas . for innovative , safe and easy - to - use digital payment services it has proven to be difficult to take off and provide consumers and retailers with effective , convenient and secure payment methods in the union . __________________ 24 com 941 final .


### in addition to the general measures to be taken at member states’ level in directive [ pls insert number of nis directive after adoption ] , the security risks related to payment transactions should also be addressed at the level of the payment service providers . the security measures to be taken by the payment service providers need to be proportionate to the security risks concerned . a regular reporting mechanism should be established , so as to ensure payment services should provide the competent authorities on an annual basis with updated information on the assessment of their security risks and the measures that they have taken in response to these risks . furthermore , in order to ensure that damages to other payment service providers and payment systems , such as a substantial disruption of a payment system and to users is kept to a minimum , it is essential that payment service providers have the obligation to report within undue delay major security incidents to the european banking authority . ### in addition to the general measures to be taken at member states’ level in directive [ pls insert number of nis directive after adoption ] , the security risks related to the choice of technical system to offer payment transactions should also be addressed at the level of the payment service providers and for their cost and responsibility . the security measures to be taken by the payment service providers need to be in proportion to the security risks concerned for their clients . a regular reporting mechanism should be established , so as to ensure payment services should provide the competent authorities at least 3 times a year with updated information on the assessment of their security risks and the additional measures that they have taken in response to reduce these risks . furthermore , in order to ensure that damages to other payment service providers and payment systems , such as a substantial disruption of a payment system and to users is kept to a minimum , it is essential that payment service providers have the obligation to report within undue delay major security incidents to the european banking authority , which should publish a report on ‘ security of digital payment services in the european union’ every year . .


### member states shall ensure that , without prejudice to article 63 , in the case of an unauthorised payment transaction , the payer ' s payment service provider refunds to the payer immediately the amount of the unauthorised payment transaction and , where applicable , restores the debited payment account to the state in which it would have been had the unauthorised payment transaction not taken place . this shall also ensure that the credit value date for the payer ' s payment account shall be no later than the date the amount had been debited . ### without prejudice to article 63 , in the case of an unauthorised payment transaction , the payer ' s payment service provider refunds to the payer the amount of the unauthorised payment transaction on the same day it has been made aware of the transaction , and where applicable , restores the debited payment account to the state in which it would have been had the unauthorised payment transaction not taken place . this shall also ensure that the credit value date for the payer ' s payment account shall be no later than the date the amount had been debited .


### termination of a framework contract concluded for a fixed period exceeding 12 months or for an indefinite period shall be free of charge for the payment service user after the expiry of 12 months . in all other cases charges for the termination shall be appropriate and in line with costs . ### termination of a framework contract shall be free of charge for the payment service user .


### the payment service provider shall not prevent the payee from requesting from the payer a charge , offering him a reduction or otherwise steering him towards the use of a given payment instrument . any charges applied shall , however , not exceed the costs borne by the payee for the use the specific payment instrument . ### the payment service provider shall not prevent the payee from offering the payer a reduction for use of a specific payment instrument .


### member states shall ensure that , without prejudice to article&#160 ; 63 , in the case of an unauthorised payment transaction , the payer ' s payment service provider refunds to the payer immediately the amount of the unauthorised payment transaction and , where applicable , restores the debited payment account to the state in which it would have been had the unauthorised payment transaction not taken place . this shall also ensure that the credit value date for the payer ' s payment account shall be no later than the date the amount had been debited . ### member states shall ensure that , without prejudice to article&#160 ; 63 , in the case of an unauthorised payment transaction , the payer ' s payment service provider refunds to the payer the amount of the unauthorised payment transaction and , where applicable , taking into account the value date initially applied , restores the debited payment account to the state in which it would have been had the unauthorised payment transaction not taken place , subject to the following conditions : if the payment service provider can , prima facie , rule out the payer ' s having acted fraudulently , it shall refund the amount immediately ; b ) should there be a strong suspicion of fraud by the payer , the payment service provider may carry out an investigation within a time limit appropriate to the circumstances and refund the amount if the payer is not found liable ; c ) in other cases , the payer shall be reimbursed immediately and shall agree to his account being debited if the payment service provider’s investigation establishes that he is liable .


### to authenticate itself in an unequivocal manner towards the account servicing payment service provider of the account owner . ### to authenticate itself in an unequivocal manner and according to article 87 paragraph 2 towards the account servicing payment service provider of the account owner .


### the mechanism should include a general policy framework for union disaster risk prevention actions aimed at achieving a high level of protection and resilience against disasters by preventing or reducing their effects and by fostering a culture of prevention . risk management plans are essential to ensure an integrated approach to disaster management , linking risk prevention , preparedness and response actions . therefore , the mechanism should include a general framework for their communication and implementation . ### the mechanism should include a general policy framework for union disaster risk prevention actions aimed at achieving a high level of protection and resilience against disasters by preventing or reducing their effects and by fostering a culture of prevention . risk management plans are essential to ensure an integrated approach to disaster management , linking risk prevention , preparedness and response actions . therefore , the mechanism includes a general framework for their communication and implementation . the mechanism should develop guidelines in order to achieve coherence and comparability of the different risk management plans of member states .


### ‘ risk management plan’ means planning instrument prepared by a member state to foresee risks , to estimate their impacts , and to develop , select and implement measures to reduce , adapt to and mitigate the risks and their impacts cost - effectively , as well as to set the framework for integrating different sector or hazard - specific risk management instruments into a common overall plan ; ### ‘ risk management plan’ means planning instrument prepared by a member state to foresee risks , to estimate their impacts , and to develop , select and implement sustainable measures to reduce , adapt to and mitigate the risks and their impacts cost - effectively , as well as to set the framework for integrating different sector or hazard - specific risk management instruments into a common overall plan ;


### promote and support the development and implementation of members states ‘ risk management plans including guidelines on their content and provide for adequate incentives , where needed ; ### promote and support the development and implementation of members states ‘ risk management plans including guidelines on their content in order to facilitate their coherence and comparability and provide for adequate incentives , where needed ;


### prudent fiscal policy - making implies that the growth rate of government expenditure does normally not exceed a prudent medium - term growth rate of gdp , increases in excess of that norm are matched by discretionary increases in government revenues and discretionary revenue reductions are compensated by reductions in expenditure . ### sustainable fiscal policy - making implies compliance with a set of revenue side and expenditure side rules where growth in structural fiscal revenues excluding windfall , cyclically driven and one off measures should normally not fall behind the medium growth rate of gdp over the business cycle . the growth rate of government expenditure does normally not exceed a medium - term growth rate of gdp over the business cycle , discretionary increases in excess of that norm on expenditure or discretionary reductions in tax revenues are matched by accompanying other discretionary measures , either on the side of expenditure and / or on the side of tax revenues . sustainable fiscal policy making involves taking proper and explicit account as aggravating or mitigating factors in the sense of regulation 1467 / 97 of long term determinants of economic sustainability such as social inclusion , environmental externalities , in particular climate change , as well as the costs related to the internalization of other negative externalities which represent a burden for future generations .


### a deviation from prudent fiscal policy making shall be considered significant if the following conditions occur : an excess over the expenditure growth consistent with prudent fiscal policy - making , not offset by discretionary revenue - increasing measures ; or discretionary revenue - decreasing measures not offset by reductions in expenditure ; and the deviation has a total impact on the government balance of at least 0 . 5 % of gdp in one single year or of at least 0 . 25 % of gdp on average per year in two consecutive years . ### a deviation from sustainable fiscal policy making shall be considered significant if the following conditions occur : an excess over the expenditure growth consistent with sustainable fiscal policy - making , not offset by discretionary revenue - increasing measures ; or discretionary revenue - decreasing measures not offset by reductions in expenditure ; and the deviation has a total impact on the government balance of at least 0 . 5 % of gdp in one single year or of at least 0 . 25 % of gdp on average per year in two consecutive years .


### for member states that have not yet reached their medium - term budgetary objective , annual expenditure growth does not exceed a rate below a prudent medium - term rate of gdp growth , unless the excess is matched by discretionary revenue measures . the size of the shortfall of the growth rate of government expenditure compared to a prudent medium - term rate of gdp growth is set in such a way as to ensure an appropriate adjustment towards the medium - term budgetary objective ; ### for member states that have not yet reached their medium - term budgetary objective , annual expenditure growth does not exceed a rate below a sustainable medium - term rate of gdp growth , unless the excess is matched by discretionary revenue measures . the size of the shortfall of the growth rate of government expenditure compared to a sustainable medium - term rate of gdp growth is set in such a way as to ensure an appropriate adjustment towards the medium - term budgetary objective ;


### the council shall carry out the examination of the convergence programme within at most three months of the submission of the programme . the council , on a recommendation from the commission and after consulting the economic and financial committee , shall , if necessary , deliver an opinion on the programme . where the council , in accordance with article 121 of the treaty , considers that the objectives and the content of the programme should be strengthened with particular reference to prudent fiscal - policy making , the council shall , in its opinion , invite the member state concerned to adjust its programme . ### the council shall carry out the examination of the convergence programme within at most three months of the submission of the programme . the council , on a recommendation from the commission and after consulting the economic and financial committee , shall , if necessary , deliver an opinion on the programme . where the council , in accordance with article 121 of the treaty , considers that the objectives and the content of the programme should be strengthened with particular reference to sustainable fiscal - policy making , the council shall , in its opinion , invite the member state concerned to adjust its programme .


### the prudent medium - term of growth should be assessed on the basis of projections over a ten - year horizon updated at regular intervals . ### the sustainable medium - term of growth should be assessed on the basis of projections over a ten - year horizon updated at regular intervals .


### with a view to ensuring that the medium - term budgetary objective is effectively achieved and maintained , the council shall verify that the growth path of government expenditure , taken in conjunction with the effect of measures being taken or planned on the revenue side , is consistent with prudent fiscal policy - making . ### with a view to ensuring that the medium - term budgetary objective is effectively achieved and maintained , the council shall verify that the growth path of government expenditure , taken in conjunction with the effect of measures being taken or planned on the revenue side , is consistent with sustainable fiscal policy - making .


### in the event of a significant deviation from prudent fiscal - policy a warning should be addressed to the member state concerned and in case the significant deviation persists or is particularly serious , a recommendation should be addressed to the member state concerned to take the necessary corrective measures . ### in the event of a significant deviation from sustainable fiscal - policy a warning should be addressed to the member state concerned and in case the significant deviation persists or is particularly serious , a recommendation should be addressed to the member state concerned to take the necessary corrective measures .


### a temporary departure from prudent fiscal policy - making should be allowed in case of severe economic downturn of a general nature in order to facilitate economic recovery . ### a temporary departure from sustainable fiscal policy - making should be allowed in case of severe economic downturn of a general nature in order to facilitate economic recovery .


### for member states that have achieved the medium - term budgetary objective , annual expenditure growth does not exceed a prudent medium - term rate of gdp growth , unless the excess is matched by discretionary revenue measures ; ### for member states that have achieved the medium - term budgetary objective , annual expenditure growth does not exceed a sustainable medium - term rate of gdp growth , unless the excess is matched by discretionary revenue measures ;


### in periods of severe economic downturn of a general nature member states may be allowed to temporarily depart from the adjustment path implied by prudent fiscal - policy making referred to in the fourth subparagraph . ### in periods of severe economic downturn member states may be allowed to temporarily depart from the adjustment path implied by sustainable fiscal - policy making referred to in the fourth subparagraph .


### as part of multilateral surveillance in accordance with article 121 of the treaty , the council shall monitor the implementation of stability programmes , on the basis of information provided by participating member states and of assessments by the commission and the economic and financial committee , in particular with a view to identifying actual or expected significant divergences of the budgetary position from the medium - term budgetary objective , or from the appropriate adjustment path towards it ensuing from deviations from prudent fiscal - policy making . ### as part of multilateral surveillance in accordance with article 121 of the treaty , the council shall monitor the implementation of stability programmes , on the basis of information provided by participating member states and of assessments by the commission and the economic and financial committee , in particular with a view to identifying actual or expected significant divergences of the budgetary position from the medium - term budgetary objective , or from the appropriate adjustment path towards it ensuing from deviations from sustainable fiscal - policy making .


### regulatory measures to minimise contamination by invasive alien species of goods and commodities , and any vehicle and equipment , including measures tackling transport of invasive alien species from third countries ; ### regulatory measures to minimise the risk of introduction of invasive alien species as unwanted travellers in the transport of goods and commodities , and in the movement of vehicles and equipment , from third countries ;


### public participation ### public participation and stakeholder involvement and exchange of information


### the action plan referred to in paragraph 2 shall include measures designed on the basis of an analysis of costs and benefits with at least the following : ### the action plan referred to in paragraph 2 shall include at least the following measures :


### regulatory measures to minimise contamination by invasive alien species of goods and commodities , and any vehicle and equipment , including measures tackling transport of invasive alien species from third countries ; ### minimise the risk of introduction of invasive alien species as unwanted travellers in the transport of goods and commodities and the movement of vehicles and equipment , including measures tackling transport of invasive alien species from third countries ;


### awareness raising measures ; ### public information and awareness raising measures ;


### member states shall , by [ 18 months from the entry into force of this regulation &#8211 ; date to be inserted ] at the latest carry out a comprehensive analysis of the pathways of unintentional introduction and spread of invasive alien species in their territory and identify the pathways which require priority action , because of the volume of species or of the damage caused by the species entering the union through them . in doing so , member states shall in particular focus on an analysis of the pathways of introduction of invasive alien species of union concern . ### member states shall , by [ 18 months from the entry into force of this regulation &#8211 ; date to be inserted ] at the latest carry out a comprehensive analysis of the pathways of unintentional introduction and spread of invasive alien species in their territory and identify the pathways which require priority action , because of the volume of species or of the potential risk associated with the species entering the union through them . in doing so , member states shall in particular focus on an analysis of the pathways of introduction of invasive alien species of union concern .


### member states shall , by [ 18 months from the entry into force of this regulation &#8211 ; date to be inserted ] at the latest carry out a comprehensive analysis of the pathways of unintentional introduction and spread of invasive alien species in their territory and identify the pathways which require priority action , because of the volume of species or of the damage caused by the species entering the union through them . in doing so , member states shall in particular focus on an analysis of the pathways of introduction of invasive alien species of union concern . ### member states shall , within two years from the adoption of the list referred to in article 4 carry out a comprehensive analysis of the pathways of unintentional introduction and spread of invasive alien species of union concern in their territory and identify the pathways which require priority action , because of the volume of species or of the damage caused by the species entering the union through them .


### the commission shall , where appropriate , adapt the timetable for each period so as to ensure an orderly functioning of the market . ### the commission may , in exceptional circumstances , adapt the timetable for the period referred to in article 13 beginning on 1 january 2013 so as to ensure an orderly functioning of the market . the commission shall make no more than one such adaptation .


### in order to address the specific needs of the cohesion fund , and in line with the europe 2020 strategy that cohesion policy should support the need to deliver smart , sustainable and inclusive growth11 , it is necessary to set out investment priorities within the scope of the thematic objectives laid down in regulation no [ … ] / 2012 [ cpr ] . ### in order to address the specific needs of the cohesion fund , and in line with the europe 2020 strategy that cohesion policy should support the principle of territorial cohesion and the need to deliver smart , sustainable and inclusive growth11 while minimising external costs , it is necessary to set out investment priorities within the scope of the thematic objectives laid down in regulation no [ … ] / 2012 [ cpr ] .


### protecting and restoring biodiversity , including through green infrastructures ; ### protecting and restoring biodiversity , including through green infrastructures and natura 2000 ;


### the reduction of greenhouse gas emissions in installations falling under directive 2003 / 87 / ec ; ### investment to achieve the reduction of greenhouse gas emissions from activities falling under annex i of directive 2003 / 87 / ec ;


### protecting the environment and promoting resource efficiency by : ### protecting the environment , biodiversity and ecosystems and promoting resource efficiency by :


### promoting energy efficiency and renewable energy use in small and medium - sized enterprises ; ### promoting energy efficiency and renewable energy use exclusively in small and medium - sized enterprises and micro - enterprises ;


### supporting a multi - modal single european transport area by investing in the trans - european transport network ; ### supporting a multi - modal single european transport area by investing in the trans - european transport network including sustainable waterborne transport ;


### promoting sustainable transport and removing bottlenecks in key network infrastructures , by : ### promoting intermodal sustainable transport and mobility while focusing on removing bottlenecks , and on completing missing transborder links in sustainable and intermodal transport infrastructures , by


### promoting climate change adaptation , risk prevention and management by : ### promoting ecosystem - based climate change adaptation , risk prevention and management by :


### prior to initiating the collection of statements of support from signatories , the organiser shall ensure that the online collection system used for that purpose complies with the provisions of paragraph 4 . the organiser may , at any time , ask the relevant competent authority of the member state in which the data collected is or will be stored , to certify that the online collection system complies with those provisions . the organiser shall , in any case , request that certification prior to submitting statements of support for verification in accordance with article 9 . ### prior to initiating the collection of statements of support from signatories , the organisers shall ensure that the online collection system used for that purpose complies with the provisions of paragraph 4 . the organisers may , at any time , ask the relevant competent authority of the member state in which the data collected is or will be stored , to certify that the online collection system complies with those provisions . the organisers shall , in any case , request that certification prior to starting the collection of statements of support . the organiser shall make a copy of the certificate issued in that regard publicly available on the website used for the online collection system . within six months following the entry into force of this regulation , the commission shall make available an open - source software incorporating some of the technical and security features necessary for compliance with the provisions of this regulation regarding the online collection systems . the software shall be freely made available to organisers .


### ' organiser ' means a natural or legal person or organisation responsible for the preparation and submission of a citizens’ initiative to the commission . ### ' organisers ' means natural persons forming a citizens ' committee responsible for the preparation and submission of a citizens’ initiative to the commission .


### 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 data is fully applicable to the processing of personal data carried out in application of this regulation . in this respect , it is appropriate to clarify that the organiser of a citizens ' initiative and the competent authorities of the member states are the data controllers within the meaning of directive 95 / 46 / ec and to specify the maximum period within which the personal data collected for the purposes of a citizens ' initiative may be retained . in their capacity as data controllers , organisers need to take all the appropriate measures to comply with the obligations imposed by directive 95 / 46 / ec , in particular those relating to the lawfulness of the processing , the security of the processing activities and the provision of information and the rights of data subject to access to his / her personal data as well as the correction and erasure of his / her personal data . ### 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 data is fully applicable to the processing of personal data carried out in application of this regulation . in this respect , for the sake of legal certainty , it is appropriate to clarify that the organisers of a citizens ' initiative and the competent authorities of the member states are the data controllers within the meaning of directive 95 / 46 / ec and to specify the maximum period within which the personal data collected for the purposes of a citizens ' initiative may be retained . in their capacity as data controllers , organisers need to take all the appropriate measures to comply with the obligations imposed by directive 95 / 46 / ec , in particular those relating to the lawfulness of the processing , the security of the processing activities and the provision of information and the rights of data subjects to have access to their personal data as well as to procure the correction and erasure of their personal data .


### in order to ensure coherence and transparency in relation to proposed citizens ' initiatives , it should be mandatory to register such initiatives on a website made available by the commission prior to collecting the necessary statements of support from citizens ; proposals that are abusive or devoid of seriousness should not be registered and the commission should reject the registration of proposals which would be manifestly against the values of the union . the commission should deal with registration in accordance with the general principles of good administration . ### in order to ensure coherence and transparency in relation to proposed citizens ' initiatives and to avoid a situation in which signatures are collected for a proposal which does not fall within the scope of this regulation , it should be mandatory to register such initiatives on a website made available by the commission prior to collecting the necessary statements of support from citizens . proposals that are not citizens ' initiatives within the meaning of this regulation should not be registered . registration is an administrative procedure aimed at selecting those initiatives that fall within the scope of this regulation ; therefore any refusal of registration should be based only on legal grounds and not , on any account , on grounds of political expediency . the commission should deal with registration in accordance with the general principles of good administration , and should therefore be obliged to inform the organisers of an initiative of the reasons for any refusal to register that initiative and of all possible judicial and extrajudicial remedies available to them . it should also be made clear by the commission that registration and the collection of the required number of statements of support will not necessarily result in the commission adopting a proposal for a legal act and that the registration of an initiative does not constitute a formal decision on competence issues .


### the organiser shall destroy all statements of support received for a given citizens ' initiative and any copies thereof at the latest one month after submitting that initiative to the commission in accordance with article 10 or 18 months after the date of registration of a proposed citizens ' initiative , whichever is the earlier . ### unless the proceedings are the subject of litigation , the organiser shall destroy all statements of support received for a given citizens ' initiative and any copies thereof at the latest two months after the publication of the commission communication referred to in point of article 11 . in the event of litigation , they shall be destroyed one month after the conclusion of the litigation . save where the competent authorities of member states have not yet concluded their verification of statements of support , they shall also be destroyed if a proposed citizens ' initiative has not been submitted to the commission within 18 months after the date of its registration .


### this regulation shall enter into force on the twentieth day following that of its publication in the official journal of the european union . ### this regulation shall enter into force on the first day of the month following its publication in the official journal of the european union . it shall start to apply six months after its entry into force .


### the commission should be empowered to adopt delegated acts in accordance with article 290 of the treaty on the functioning of the european union for the purpose of amending the annexes to this regulation . ### with a view to the possible need in the future to amend or supplement certain non - essential elements in the provisions of this regulation or its annexes , the commission should be empowered to adopt delegated acts in accordance with article 290 of the treaty on the functioning of the european union .


### it is appropriate to provide for statements of support to be collected in paper form as well as online . online collection systems should have adequate security features in place in order to ensure , inter alia , that the person can be identified and that the data are securely stored . for this purpose , the commission should be required to set out detailed technical specifications for online collection systems . ### in order to put modern technology to good use as a tool of participatory democracy , it is appropriate to provide for statements of support to be collected online as well as in paper form . online collection systems should have adequate security features in place in order to ensure , inter alia , that the person signs only once and that the data are securely stored . the detailed technical specifications should be worked out at an expert level and be regularly adapted to technical developments ; the power to adopt detailed technical specifications for online collection systems should therefore be delegated to the commission .


### except in the cases foreseen in paragraphs 3 and 4 , the commission shall register without delay the proposed initiative under a unique registration number and send a confirmation to the organiser . ### if it is established that the proposed initiative qualifies as a citizens ' initiative pursuant to this regulation , the commission shall register it under a unique registration number and send a confirmation to the organisers .


### requirements for the organiser and for signatories ### requirements for organisers and for signatories


### within 12 months following the entry into force of this regulation , the commission shall adopt technical specifications for the implementation of paragraph 4 , in accordance with the regulatory procedure laid down in article 19 . ### within the 12 months following the entry into force of this regulation , the commission shall undertake in conjunction with the european data protection supervisor an evaluation enabling it to adopt technical specifications for the implementation of paragraph 4 , in accordance with the regulatory procedure laid down in article 19 . that evaluation shall be forwarded to the european parliament , together with the proposals .


### in one third of member states , signatories shall comprise at least the minimum number of citizens set out in annex i . ### in one fifth of member states , signatories shall comprise at least the minimum number of citizens set out in annex i .


### the signatories of a citizens ' initiative shall come from at least one third of member states . ### the signatories of a citizens ' initiative shall come from at least one fifth of member states .


### in order to be eligible to support a proposed citizens ' initiative , signatories shall be citizens of the union and shall be of the age to be entitled to vote in the european elections . ### in order to be eligible to support a proposed citizens ' initiative , signatories shall be citizens of the union and shall be at least 16 years old .


### only statements of support forms which comply with the model set out in annex iii may be used for this purpose . the organiser shall complete the forms as indicated in annex iii prior to initiating the collection of statements of support from signatories . the information given in the forms shall correspond to the information contained in the register . ### only registered language versions of statements of support forms which comply with the model set out in annex iii may be used for this purpose . the organisers shall complete the forms as indicated in annex iii prior to initiating the collection of statements of support from signatories . the information given in the forms shall correspond to the information contained in the register .


### the treaty on european union reinforces the citizenship of the union and enhances further the democratic functioning of the union by providing inter alia that every citizen shall have the right to participate in the democratic life of the union and that not less than one million citizens who are nationals of a significant number of member states may take the initiative of inviting the european commission , within the framework of its powers , to submit any appropriate proposal on matters where citizens consider that a legal act of the union is required for the purpose of implementing the treaties . ### the treaty on european union reinforces the citizenship of the union and enhances further the democratic functioning of the union by providing inter alia that every citizen shall have the right to participate in the democratic life of the union by way of a european citizens ' initiative . that procedure affords citizens the possibility of directly approaching the commission , conferring on them a right of initiative similar to that exercised by the european parliament and the council .


### prior to initiating the collection of statements of support from signatories for a proposed citizens ' initiative , the organiser shall be required to register it with the commission , providing the information set out in annex ii , in particular on the subject - matter and objectives as well as on the sources of funding and support for the proposed citizens ' initiative . this information shall be provided in one of the official languages of the union , in an online register made available for that purpose by the commission . ### prior to initiating the collection of statements of support from signatories for a proposed citizens ' initiative , the organisers shall be required to register it with the commission , providing the information set out in annex ii , in particular on the subject - matter and objectives of the proposed citizens ' initiative . the organisers shall provide , for the register defined in the third subparagraph and where appropriate on their website , regularly updated information on the sources of support and funding for the initiative . this information shall be provided in one or more official languages of the union , in an online register made available for that purpose by the commission . information in an official language other the language in which it was originally provided may be provided subsequently for entry in the register . the translation of the initiative into other official languages of the union shall be the responsibility of the organisers .


### it is appropriate to provide that , where a citizens ' initiative has received the necessary statements of support from signatories and provided it is considered admissible , each member state should be responsible for the verification and certification of statements of support collected from citizens coming from that state . taking account of the need to limit the administrative burden for member states , they should , within a period of three months , carry out such verifications on the basis of appropriate checks and should issue a document certifying the number of valid statements of support received . ### in the absence of a competent union electoral authority , it is appropriate to provide that , where a citizens ' initiative has received the necessary statements of support from signatories , each member state should be responsible for the verification and certification of statements of support collected from citizens coming from that state . taking account of the need to limit the administrative burden for member states , they should , within a period of three months , carry out such verifications on the basis of appropriate checks , which may be based on random sampling , and should issue a document certifying the number of valid statements of support received .


### five years after the entry into force of this regulation , the commission shall present a report to the european parliament and the council on the implementation of this regulation . ### three years after the entry into force of this regulation , and every three years thereafter , the commission shall present a report to the european parliament and the council on the implementation of this regulation , with special emphasis on online collection systems and the application of transparency requirements concerning the funding of initiatives , together , if appropriate , with a legislative proposal for amendment of this regulation .


### after having obtained the certificates provided for in article 9 , and provided that all relevant procedures and conditions set out in this regulation have been complied with , the organiser may submit the citizens’ initiative to the commission . ### after having obtained the certificates provided for in article 9 , and provided that all relevant procedures and conditions set out in this regulation have been complied with , the organisers may submit the citizens’ initiative to the commission , accompanied by information regarding any support and funding received for the initiative . that information shall be published in the commission ' s register . the amount of support and funding received from any source in excess of which information is to be provided shall be identical to regulation no 2004 / 2003 of the european parliament and of the council of 4 november 2003 on the regulations governing political parties at european level and the rules regarding their funding1 . __________________________________ 1 oj l 297 , 15 . 11 . 2003 , p . 1 .


### ' citizens ' initiative ' means an initiative , submitted to the commission in accordance with the present regulation , inviting the commission , within the framework of its powers , to submit any appropriate proposal on matters where citizens consider that a legal act of the union is required for the purpose of implementing the treaties , which has received the support of at least one million eligible signatories coming from at least one third of all member states ; ### ' citizens ' initiative ' means an initiative , submitted to the commission in accordance with the present regulation , inviting the commission , within the framework of its powers , to submit any appropriate proposal on matters where citizens consider that a legal act of the union is required for the purpose of implementing the treaties , which has received the support of at least one million eligible signatories coming from at least one fifth of all member states ;


### after having collected the necessary statements of support from signatories in accordance with articles 5 and 7 , and provided that the commission has decided that a proposed citizens ' initiative is admissible in accordance with article 8 , the organiser shall submit the statements of support , in paper or in electronic form , to the relevant competent authorities provided for in article 14 for verification and certification . for this purpose the organiser shall use the form set out in annex vi . ### after having collected the necessary statements of support from signatories in accordance with articles 5 and 7 , the organisers shall submit the statements of support , in paper or in electronic form , to the relevant competent authorities provided for in article 14 for verification and certification . for this purpose the organisers shall use the form set out in annex vi .


### the competent authority shall destroy all statements of support and copies thereof that it has received for the purpose of carrying out the verification in accordance with article 9 , at the latest one month after issuing the certificate referred to therein . ### the competent authority shall destroy all statements of support and copies thereof that it has received for the purpose of carrying out the verification in accordance with article 9 , at the latest two months after issuing the certificate referred to therein . in the event of litigation they shall be destroyed one month after the conclusion of the litigation .


### the system can generate individual statements of support in a form complying with the model set out in annex iii , in order to allow for the control by the member states , in accordance with article 9 . ### the system can generate statements of support in a form complying with the model set out in annex iii , in order to allow for the control by the member states , in accordance with article 9 .


### the organiser shall destroy all statements of support received for a given citizens ' initiative and any copies thereof at the latest one month after submitting that initiative to the commission in accordance with article 10 or 18 months after the date of registration of a proposed citizens ' initiative , whichever is the earlier . ### unless the proceedings are the subject of litigation , the organiser shall destroy all statements of support received for a given citizens ' initiative and any copies thereof at the latest two months after the publication of the commission communication referred to in point of article 11 . in the event of litigation , they shall be destroyed one month after the conclusion of the litigation . save where the competent authorities of member states have not yet concluded their verification of statements of support , they shall also be destroyed if a proposed citizens ' initiative has not been submitted to the commission within 18 months after the date of its registration .


### it is appropriate to provide for statements of support to be collected in paper form as well as online . online collection systems should have adequate security features in place in order to ensure , inter alia , that the person can be identified and that the data are securely stored . for this purpose , the commission should be required to set out detailed technical specifications for online collection systems . ### in order to put modern technology to good use as a tool of participatory democracy , it is appropriate to provide for statements of support to be collected online as well as in paper form . online collection systems should have adequate security features in place in order to ensure , inter alia , that the person signs only once and that the data are securely stored . the detailed technical specifications should be worked out at an expert level and be regularly adapted to technical developments ; the power to adopt detailed technical specifications for online collection systems should therefore be delegated to the commission .


### where the organiser is a natural person , that person shall be a citizen of the union and be of the age to be entitled to vote in the european elections . where the organiser is a legal person or an organisation it shall be established in a member state . organisations which do not have legal personality under the applicable national law shall have representatives that have the capacity to undertake legal obligations on their behalf and assume liability . ### organisers shall be citizens of the union and be of the age to be entitled to vote in the european elections .


### the organiser of a proposed citizens ' initiative should be responsible for the collection of the necessary statements of support from citizens . ### once a proposal is registered as a citizens ' initiative , statements of support from citizens may be collected by the organisers .


### where the commission receives a citizens ' initiative in accordance with article 10 it shall : publish the citizens ' initiative without delay on its website ; b . examine the citizens ' initiative and , within 4 months , set out in a communication its conclusions on the initiative , the action it intends to take , if any , and its reasons for doing so . ### where the commission receives a citizens ' initiative in accordance with article 10 it shall : publish the citizens ' initiative without delay on its website ; b . examine the citizens ' initiative , receive the organisers of the initiative at an appropriate level and , within three months , set out in a communication its initial conclusions on the initiative ; c . organise a public hearing jointly with the european parliament through its committee responsible , at which the commission shall be represented at commissioner or director - general level and at which the organisers shall have the opportunity to explain in detail the matters raised by the initiative ; d . present a legislative proposal within one year or include that proposal in its next year ' s work programme . if the commission does not present such a proposal it shall give the organisers as well as the european parliament and the council detailed explanations of its reasons for not acting on the initiative .


### the commission should be empowered to adopt delegated acts in accordance with article 290 of the treaty on the functioning of the european union for the purpose of amending the annexes to this regulation . ### with a view to the possible need in the future to amend or supplement certain non - essential elements in the provisions of this regulation or its annexes , the commission should be empowered to adopt delegated acts in accordance with article 290 of the treaty on the functioning of the european union .


### all statements of support shall be collected after the date of registration of the proposed initiative and within a period that shall not exceed 12 months . ### all statements of support shall be collected after the date of registration of the proposed initiative and within a period that shall not exceed 12 months . at the end of that period , the register shall indicate that the period has expired and , where appropriate , that the commission has ascertained that the necessary statements of support have not been submitted .


### it is necessary to establish the minimum number of member states from which citizens must come . in order to ensure that a citizens ' initiative is representative of a union interest , this number should be set at one third of member states . ### it is necessary to establish a minimum number of member states from which citizens must come . this threshold should ensure that a citizens ' initiative is representative of a union interest but the requirements should not be too cumbersome . it therefore should be set at one fifth of the member states .


### after having obtained the certificates provided for in article 9 , and provided that all relevant procedures and conditions set out in this regulation have been complied with , the organiser may submit the citizens’ initiative to the commission . ### after having obtained the certificates provided for in article 9 , and provided that all relevant procedures and conditions set out in this regulation have been complied with , the organisers may submit the citizens’ initiative to the commission , accompanied by information regarding any support and funding received for the initiative . the amount of support and funding received from natural persons in excess of which information is to be provided shall be determined by the commission by means of delegated acts .


### prior to initiating the collection of statements of support from signatories for a proposed citizens ' initiative , the organiser shall be required to register it with the commission , providing the information set out in annex ii , in particular on the subject - matter and objectives as well as on the sources of funding and support for the proposed citizens ' initiative . this information shall be provided in one of the official languages of the union , in an online register made available for that purpose by the commission . ### prior to initiating the collection of statements of support from signatories for a proposed citizens ' initiative , the organisers shall be required to register it with the commission , providing the information set out in annex ii , in particular on the subject - matter and objectives of the proposed citizens ' initiative . the organisers shall provide , for the register defined in the third subparagraph and where appropriate on their website , regularly updated information on the sources of support and funding for the initiative . this information shall be provided in one or more official languages of the union , in an online register made available for that purpose by the commission . information in an official language other the language in which it was originally provided may be provided subsequently for entry in the register . the translation of the initiative into other official languages of the union shall be the responsibility of the organisers .


### prior to initiating the collection of statements of support from signatories , the organiser shall ensure that the online collection system used for that purpose complies with the provisions of paragraph 4 . the organiser may , at any time , ask the relevant competent authority of the member state in which the data collected is or will be stored , to certify that the online collection system complies with those provisions . the organiser shall , in any case , request that certification prior to submitting statements of support for verification in accordance with article 9 . ### prior to initiating the collection of statements of support from signatories , the organisers shall ensure that the online collection system used for that purpose complies with the provisions of paragraph 4 . the organisers may , at any time , ask the relevant competent authority of the member state in which the data collected is or will be stored , to certify that the online collection system complies with those provisions . the organisers shall , in any case , request that certification prior to starting the collection of statements of support . the organiser shall make a copy of the certificate issued in that regard publicly available on the website used for the online collection system . within six months following the entry into force of this regulation , the commission shall make available an open - source software incorporating some of the technical and security features necessary for compliance with the provisions of this regulation regarding the online collection systems . the software shall be freely made available to organisers .


### only statements of support forms which comply with the model set out in annex iii may be used for this purpose . the organiser shall complete the forms as indicated in annex iii prior to initiating the collection of statements of support from signatories . the information given in the forms shall correspond to the information contained in the register . ### only registered language versions of statements of support forms which comply with the model set out in annex iii may be used for this purpose . the organisers shall complete the forms as indicated in annex iii prior to initiating the collection of statements of support from signatories . the information given in the forms shall correspond to the information contained in the register .


### 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 data is fully applicable to the processing of personal data carried out in application of this regulation . in this respect , it is appropriate to clarify that the organiser of a citizens ' initiative and the competent authorities of the member states are the data controllers within the meaning of directive 95 / 46 / ec and to specify the maximum period within which the personal data collected for the purposes of a citizens ' initiative may be retained . in their capacity as data controllers , organisers need to take all the appropriate measures to comply with the obligations imposed by directive 95 / 46 / ec , in particular those relating to the lawfulness of the processing , the security of the processing activities and the provision of information and the rights of data subject to access to his / her personal data as well as the correction and erasure of his / her personal data . ### 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 data is fully applicable to the processing of personal data carried out in application of this regulation . in this respect , for the sake of legal certainty , it is appropriate to clarify that the organisers of a citizens ' initiative and the competent authorities of the member states are the data controllers within the meaning of directive 95 / 46 / ec and to specify the maximum period within which the personal data collected for the purposes of a citizens ' initiative may be retained . in their capacity as data controllers , organisers need to take all the appropriate measures to comply with the obligations imposed by directive 95 / 46 / ec , in particular those relating to the lawfulness of the processing , the security of the processing activities and the provision of information and the rights of data subjects to have access to their personal data as well as to procure the correction and erasure of their personal data .


### the organiser shall submit statements of support to the member state that issued the identification document indicated therein . ### the organisers shall submit statements of support to the member state where the signatories have their permanent residence or , in the case of signatories having their permanent residence in a third country , to the member state of which they are nationals .


### except in the cases foreseen in paragraphs 3 and 4 , the commission shall register without delay the proposed initiative under a unique registration number and send a confirmation to the organiser . ### if it is established that the proposed initiative qualifies as a citizens ' initiative pursuant to this regulation , the commission shall register it under a unique registration number and send a confirmation to the organisers .


### this regulation shall enter into force on the twentieth day following that of its publication in the official journal of the european union . ### this regulation shall enter into force on the first day of the month following its publication in the official journal of the european union . it shall start to apply six months after its entry into force .


### within 12 months following the entry into force of this regulation , the commission shall adopt technical specifications for the implementation of paragraph 4 , in accordance with the regulatory procedure laid down in article 19 . ### within six months following the entry into force of this regulation , the commission shall adopt by means of delegated acts technical specifications for online collection systems .


### proposed citizens ' initiatives which can be reasonably regarded as improper because they are abusive or devoid of seriousness will not be registered . ### the commission shall register a proposed initiative within two months from its receipt when the following conditions are fulfilled : the citizens ' committee has been formed and the contact persons have been designated ; there are no manifest , significant inconsistencies between the linguistic versions of the title , subject - matter and objectives of the proposed initiative ; the initiative does not manifestly fall outside the scope of the commission’s power under the treaties to submit a proposal for the requested legal act ; the proposed initiative is not manifestly abusive , frivolous or vexatious ; the proposed initiative is not manifestly contrary to the values of the union as set out in article 2 of the treaty on european union .


### the treaty on european union reinforces the citizenship of the union and enhances further the democratic functioning of the union by providing inter alia that every citizen shall have the right to participate in the democratic life of the union and that not less than one million citizens who are nationals of a significant number of member states may take the initiative of inviting the european commission , within the framework of its powers , to submit any appropriate proposal on matters where citizens consider that a legal act of the union is required for the purpose of implementing the treaties . ### the treaty on european union reinforces the citizenship of the union and enhances further the democratic functioning of the union by providing inter alia that every citizen shall have the right to participate in the democratic life of the union by way of a european citizens ' initiative . that procedure affords citizens the possibility of directly approaching the commission , conferring on them a right of initiative similar to that exercised by the european parliament and the council .


### the commission should examine a citizens ' initiative and set out its conclusions and the actions it envisages to take in response to it , within a period of four months . ### the commission should examine a citizens ' initiative and respond to it in a clear , comprehensible and detailed manner and within a time frame corresponding to its handling of legislative initiatives of the european parliament under article 225 of the treaty on the functioning of the european union . thus , as a first step , the commission should receive the organisers within three months and inform them of how it intends to act . as a second step , the european commission should organise a public hearing jointly with the european parliament , through its responsible committee , with a representative of the commission in attendance as the main addressee . as a third step , the commission should come forward with its final response to the initiative after one year , either by proposing legislation accordingly or by explaining in a detailed manner its reasons for not acting on the initiative . the commission should also give a thorough explanation in the event that the legislative proposal diverges significantly from the citizens ' initiative .


### member states shall ensure that organisers resident or established on their territory shall be liable under their civil or criminal law for infringements of this regulation and in particular for : ### member states shall ensure that organisers resident on their territory shall be liable under their civil or criminal law for infringements of this regulation and in particular for :


### the identity of the person can be verified ; ### the fact that each person submits only one statement can be verified ;


### it is appropriate to provide for statements of support to be collected in paper form as well as online . online collection systems should have adequate security features in place in order to ensure , inter alia , that the person can be identified and that the data are securely stored . for this purpose , the commission should be required to set out detailed technical specifications for online collection systems . ### in order to put modern technology to good use as a tool of participatory democracy , it is appropriate to provide for statements of support to be collected online as well as in paper form . online collection systems should have adequate security features in place in order to ensure , inter alia , that the person signs only once and that the data are securely stored . the detailed technical specifications should be worked out at an expert level and be regularly adapted to technical developments ; the power to adopt detailed technical specifications for online collection systems should therefore be delegated to the commission .


### the european parliament and the council may object to the delegated act within a period of two months from the date of notification . at the initiative of the european parliament or the council this period shall be extended by one month . ### the european parliament and the council may object to the delegated act within a period of two months from the date of notification . at the initiative of the european parliament or the council this period shall be extended by two months .


### the communication referred to in paragraph 1 shall be notified to the organiser of the citizens ' initiative as well as to the european parliament and the council and shall be made public . ### the communication referred to in paragraph 1 shall be notified to the organisers as well as to the european parliament and the council and shall be made public .


### in order to ensure coherence and transparency in relation to proposed citizens ' initiatives , it should be mandatory to register such initiatives on a website made available by the commission prior to collecting the necessary statements of support from citizens ; proposals that are abusive or devoid of seriousness should not be registered and the commission should reject the registration of proposals which would be manifestly against the values of the union . the commission should deal with registration in accordance with the general principles of good administration . ### in order to ensure coherence and transparency in relation to proposed citizens ' initiatives and to avoid a situation in which signatures are collected for a proposal which does not fall within the scope of this regulation , it should be mandatory to register such initiatives on a website made available by the commission prior to collecting the necessary statements of support from citizens . proposals that are not citizens ' initiatives within the meaning of this regulation should not be registered . registration is an administrative procedure aimed at selecting those initiatives that fall within the scope of this regulation ; therefore any refusal of registration should be based only on legal grounds and not , on any account , on grounds of political expediency . the commission should deal with registration in accordance with the general principles of good administration , and should therefore be obliged to inform the organisers of an initiative of the reasons for any refusal to register that initiative and of all possible judicial and extrajudicial remedies available to them . it should also be made clear by the commission that registration and the collection of the required number of statements of support will not necessarily result in the commission adopting a proposal for a legal act and that the registration of an initiative does not constitute a formal decision on competence issues .


### prior to initiating the collection of statements of support from signatories for a proposed citizens ' initiative , the organiser shall be required to register it with the commission , providing the information set out in annex ii , in particular on the subject - matter and objectives as well as on the sources of funding and support for the proposed citizens ' initiative . this information shall be provided in one of the official languages of the union , in an online register made available for that purpose by the commission . ### prior to initiating the collection of statements of support from signatories for a proposed citizens ' initiative , the organisers shall be required to register it with the commission , providing the information set out in annex ii , in particular on the subject - matter and objectives of the proposed citizens ' initiative . the organisers shall provide , for the register defined in the third subparagraph and where appropriate on their website , regularly updated information on the sources of support and funding for the initiative . this information shall be provided in one or more official languages of the union , in an online register made available for that purpose by the commission . information in an official language other the language in which it was originally provided may be provided subsequently for entry in the register . the translation of the initiative into other official languages of the union shall be the responsibility of the organisers .


### the organiser of a proposed citizens ' initiative should be responsible for the collection of the necessary statements of support from citizens . ### once a proposal is registered as a citizens ' initiative , statements of support from citizens may be collected by the organisers .


### a delegated act adopted pursuant to articles 2 and 10 of this regulation 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 10 and 11 of this regulation 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 .


### no later than [ 2 years after the date of the entry into force of this regulation ] , the commission shall establish and subsequently update a union list of permitted substances that meet the conditions of paragraph 1 , by means of implementing regulations . the entry of a substance in the union list shall include a specification of the substance , and , where appropriate , specify the conditions of use and the applicable purity criteria . those implementing regulations shall be adopted in accordance with the examination procedure referred to in article 14 . on duly justified grounds of extreme urgency relating to emerging health risks , the commission shall adopt immediately applicable implementing acts updating the union list in accordance with article 14 . ### no later than [ 2 years after the date of the entry into force of this regulation ] , the commission shall establish and subsequently update a union list of permitted substances that meet the conditions of paragraph 1 , by means of delegated acts . the entry of a substance in the union list shall include a specification of the substance , and , where appropriate , specify the conditions of use and the applicable purity criteria . those delegated acts shall be adopted in accordance with the procedure referred to in article 15 . on duly justified grounds of extreme urgency relating to emerging health risks , the commission shall adopt immediately applicable delegated acts updating the union list in accordance with article 16 .


### at present , pursuant to the opinion of the scientific committee on emerging and newly identified health risks on the risk assessment of products of nanotechnologies , dated 19 january 2009 , there is inadequate information on the risks associated with engineered nanomaterials and existing test methods may not be sufficient to address all of the issues arising in relation to engineered nanomaterials . therefore , engineered nanomaterials should not be included in the union list for the categories of food covered by this regulation , until an evaluation by the authority is carried out . ### at present , pursuant to the opinion of the scientific committee on emerging and newly identified health risks on the risk assessment of products of nanotechnologies , dated 19 january 2009 , there is inadequate information on the risks associated with engineered nanomaterials and existing test methods may not be sufficient to address all of the issues arising in relation to engineered nanomaterials . taking account of this scientific opinion and in view of the particular sensitivity of the categories for which foods for particular uses are intended , engineered nanomaterials should not be included in the union list for the categories of food covered by this regulation as long as their safety , based on adequate and sufficient test methods , their nutritional value and their suitability for the persons to whom it is intended have not been demonstrated by the authority .


### at present , pursuant to the opinion of the scientific committee on emerging and newly identified health risks on the risk assessment of products of nanotechnologies , dated 19 january 2009 , there is inadequate information on the risks associated with engineered nanomaterials and existing test methods may not be sufficient to address all of the issues arising in relation to engineered nanomaterials . therefore , engineered nanomaterials should not be included in the union list for the categories of food covered by this regulation , until an evaluation by the authority is carried out . ### at present , pursuant to the opinion of the scientific committee on emerging and newly identified health risks on the risk assessment of products of nanotechnologies , dated 19 january 2009 , there is inadequate information on the risks associated with engineered nanomaterials and existing test methods may not be sufficient to address all of the issues arising in relation to engineered nanomaterials . taking account of this scientific opinion and in view of the particular sensitivity of the categories for which foods for particular uses are intended , engineered nanomaterials should not be included in the union list for the categories of food covered by this regulation so long as their safety and nutritional value have not been demonstrated by the authority .


### this regulation should provide the criteria for the establishment of the specific compositional and information requirements for infant formula , follow - on formula , processed cereal - based food and baby food , and food for special medical purposes , taking into account commission directive 2006 / 141 / ec , commission directive 2006 / 125 / ec and commission directive 1999 / 21 / ec . in order to adapt the definitions of infant formula , follow - on formula , processed cereal - based food and baby food , and food for special medical purposes laid down in this regulation taking into account technical and scientific progress and relevant developments at international level , to lay down the specific compositional and information requirements with respect to the categories of food covered by this regulation , including for additional labelling requirements to , or derogations from , the provisions of directive 2000 / 13 / ec and for the authorisation of nutrition and health claims , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission . it is of particular importance that the commission carries out appropriate consultations during its preparatory work , including at expert level . the commission , when preparing and drawing - up delegated acts , should ensure a simultaneous , timely and appropriate transmission of relevant documents to the european parliament and council . ### this regulation should provide the criteria for the establishment of the specific compositional and information requirements for infant formula , follow - on formula , processed cereal - based food and baby food , and food for special medical purposes , taking into account commission directive 2006 / 141 / ec , commission directive 2006 / 125 / ec and commission directive 1999 / 21 / ec . in order to lay down the specific compositional and information requirements with respect to the categories of food covered by this regulation , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission . it is of particular importance that the commission carries out appropriate consultations during its preparatory work , including at expert level . the commission , when preparing and drawing - up delegated acts , should ensure a simultaneous , timely and appropriate transmission of relevant documents to the european parliament and council .