### in addition , there is demand on the part of content , applications and services providers , for the provision of transmission services based on flexible quality parameters , including lower levels of priority for traffic which is not time - sensitive . the possibility for content , applications and service providers to negotiate such flexible quality of service levels with providers of electronic communications to the public is necessary for the provision of specialised services and is expected to play an important role in the development of new services such as machine - to - machine communications . at the same time such arrangements should allow providers of electronic communications to the public to better balance traffic and prevent network congestion . providers of content , applications and services and providers of electronic communications to the public should therefore be free to conclude specialised services agreements on defined levels of quality of service as long as such agreements do not substantially impair the general quality of internet access services . ### in addition , there is demand on the part of content , applications and services providers , for the provision of transmission services based on flexible quality parameters , including lower levels of priority for traffic which is not time - sensitive . the possibility for content , applications and service providers to negotiate such flexible quality of service levels with providers of electronic communications to the public could serve to provide specialised services and is expected to play a role in the development of new services such as machine - to - machine communications . at the same time such arrangements should allow providers of electronic communications to the public to better balance traffic and prevent network congestion . this should however not impair the development of the general purpose internet . providers of content , applications and services and providers of electronic communications to the public should therefore be free to conclude specialised services agreements on defined levels of quality of service as long as such quality characteristics are technically necessary for the functionality of the service and agreements do not impair the quality of internet access services .


### ‘ specialised service’ means an electronic communications service or any other service that provides the capability to access specific content , applications or services , or a combination thereof , and whose technical characteristics are controlled from end - to - end or provides the capability to send or receive data to or from a determined number of parties or endpoints ; and that is not marketed or widely used as a substitute for internet access service ; ### ' specialised service ' means an electronic communications service operated within closed electronic communications networks using the internet protocol with strict admission control ; and that is not marketed as a substitute for internet access service and that is not functionally identical to services available over the public internet access service ;


### end - users shall be free to access and distribute information and content , run applications and use services of their choice via their internet access service . ### providers of electronic communications to the public or providers of content , applications and services may offer specialized services to a limited number of users granted restricted access , through a closed electronic communications network . specialized services may not be marketed or used as an internet substitute or offer content , applications or services functionally identical to those of the open internet . specialized services shall not impair the quality of internet access services .


### end - users shall also be free to agree with either providers of electronic communications to the public or with providers of content , applications and services on the provision of specialised services with an enhanced quality of service . ### users shall also have the right to agree with either providers of electronic communications to the public or with providers of content , applications and services on the provision of specialised services with an enhanced quality of service .


### in order to enable the provision of specialised services to end - users , providers of content , applications and services and providers of electronic communications to the public shall be free to enter into agreements with each other to transmit the related data volumes or traffic as specialised services with a defined quality of service or dedicated capacity . the provision of specialised services shall not impair in a recurring or continuous manner the general quality of internet access services . ### in order to enable the provision of specialised services to users , providers of content , applications and services and providers of electronic communications to the public may enter into agreements with each other to transmit the related data volumes or traffic as specialised services with a defined quality of service or dedicated capacity . the provision of specialised services shall not impair the quality of internet access services .


### within the limits of any contractually agreed data volumes or speeds for internet access services , providers of internet access services shall not restrict the freedoms provided for in paragraph 1 by blocking , slowing down , degrading or discriminating against specific content , applications or services , or specific classes thereof , except in cases where it is necessary to apply reasonable traffic management measures . reasonable traffic management measures shall be transparent , non - discriminatory , proportionate and necessary to : ### providers of internet access services shall not restrict the rights provided for in paragraph 1 by blocking , slowing down , degrading , altering or discriminating against specific content , applications or services , or specific classes thereof , except in certain special cases where it is necessary to apply reasonable traffic management measures . reasonable traffic management measures shall be transparent , non - discriminatory , and strictly proportionate and necessary to


### prevent the transmission of unsolicited communications to end - users who have given their prior consent to such restrictive measures ; ### prevent the transmission of unsolicited communications for direct marketing purposes to users who have given their free , informed , explicit and prior consent to such restrictive measures ;


### minimise the effects of temporary or exceptional network congestion provided that equivalent types of traffic are treated equally . ### mitigate the effects of temporary and exceptional network congestion , primarily by means of application - agnostic measures , provided that equivalent types of traffic are treated equally .


### national regulatory authorities shall closely monitor and ensure the effective ability of end - users to benefit from the freedoms provided for in article 23 and , compliance with article 23 , and the continued availability of non - discriminatory internet access services at levels of quality that reflect advances in technology and that are not impaired by specialised services . they shall , in cooperation with other competent national authorities , also monitor the effects of specialised services on cultural diversity and innovation . national regulatory authorities shall report on an annual basis to the commission and berec on their monitoring and findings . ### national regulatory authorities shall closely ensure the effective ability of end - users to benefit from the freedoms provided for in article 23 and , compliance with article 23 , and the continued availability of non - discriminatory internet access services at levels of quality that reflect advances in technology and that are not impaired by specialised services . they shall , in cooperation with other competent national authorities , also monitor the effects of specialised services on cultural diversity and innovation . national regulatory authorities shall report on an annual basis to the commission and berec on their monitoring and findings . to that purpose , the competent national regulatory authority shall : be mandated to regularly monitor and report on internet traffic management practices and usage polices , in order to ensure network neutrality , evaluate the potential impact of the aforementioned practices and policies on fundamental rights , ensure the provision of a sufficient quality of service and the allocation of a satisfactory level of network capacity to the internet . reporting should be done in an open and transparent fashion and reports shall be made freely available to the public ; b ) put in place appropriate , clear , open and efficient procedures aimed at addressing network neutrality complaints . to this end , all internet users shall be entitled to make use of such complaint procedures in front of the relevant authority ; c ) respond to the complaints within a reasonable time and be able to use necessary measures in order to sanction the breach of the network neutrality principle . this authority must have the necessary resources to undertake the aforementioned duties in a timely and effective manner . they shall , in cooperation with other competent national authorities and the european data protection supervisor , also monitor the effects of specialised services on cultural diversity , competition and innovation . national regulatory authorities shall report on an annual basis to the public , the commission and berec on their monitoring and findings .


### in view of the global nature of the systems , it is essential that the union can enter into agreements with third countries and international organisations in the context of programmes under article 218 of the treaty on the functioning of the european union , in particular to ensure their smooth implementation , optimise services provided to citizens of the union and meet the needs of third countries and international organisations . it is also useful , where necessary , to adapt existing agreements to changes in the programmes . when preparing or implementing these agreements , the commission may have recourse to the assistance of the european external action service , the european space agency and the european gnss agency , within the limits of the tasks allocated to them under this regulation . ### in view of the global nature of the systems , it is essential that the union can enter into agreements with third countries and international organisations in the context of programmes under article 218 of the treaty on the functioning of the european union , in particular to ensure their smooth implementation , optimise services provided to citizens of the union and meet the needs of third countries and international organisations . it is also useful to adapt existing agreements to changes in the programmes . when preparing and negotiating these agreements , the eeas may have recourse to the assistance of the commission , the european space agency and the european gnss agency . due to the sensitive , strategic and global nature of the systems , the eeas , when negotiating agreements with third countries , should duly take into account the rights of the european parliament under article 218 . it should equally take into account the sensitive and strategic nature of some of the system ' s services such as prs , thus ensuring full compliance with the criteria and guidelines laid down in council common position 2008 / 944 / cfsp defining common rules governing the control of exports of military technology and equipment1 and council regulation no 428 / 2009 of 5 may 2009 setting up a community regime for the control of exports , transfer , brokering and transit of dual - use items2 . ____________ 1 oj l 335 , 13 . 12 . 2008 , p . 99 . 2 oj l 134 , 29 . 5 . 2009 , p . 1 .


### the operation of the galileo security centre , in accordance with the standards and requirements referred to in article 14 and the instructions provided under joint action 2004 / 552 / cfsp referred to in article 17 ; ### the operation of the galileo security centre , in accordance with the standards and requirements referred to in article 14 and the instructions provided under joint action 2004 / 552 / cfsp referred to in article 17 , as amended ;


### food security , sustainable agriculture , marine and maritime research , and the bio - economy ; ### food security , sustainable agriculture , marine and maritime research , sustainable tourism , and the bio - economy ;


### food security , sustainable agriculture , marine and maritime research and the bio - economy ### food security , sustainable agriculture , marine and maritime research , sustainable tourism and the bio - economy


### applying design and the development of converging technologies to create new business opportunities , including the preservation of materials with historical or cultural value . ### applying design and the development of converging technologies to create new business opportunities , including the preservation of materials with historical or cultural value , as well as improving eco - tourism and sustainable tourism destination networks in the field of historical , cultural , industrial and natural heritage .


### the specific objective is to achieve a european transport system that is resource - efficient , environmentally - friendly , safe and seamless for the benefit of citizens , the economy and society . ### the specific objective is to achieve a european transport system that is resource - efficient , climate - and environmentally - friendly , safe and seamless for the benefit of citizens , users , workers and employees and the economy , as well as society .


### europe must reconcile the growing mobility needs of its citizens with the imperatives of economic performance and the requirements of a low - carbon society and climate resilient economy . despite its growth , the transport sector must achieve a substantial reduction in greenhouse gases and other adverse environmental impacts , and must break its dependency on oil , while maintaining high levels of efficiency and mobility . ### europe must reconcile the changing mobility needs of its citizens with the imperatives of economic performance and the requirements of a low - carbon society and climate resilient economy . despite its needs , the transport and mobility sector must achieve a substantial reduction in greenhouse gases and other adverse environmental impacts , and must break its dependency on oil , while maintaining high levels of efficiency and mobility .


### the transport sector is a major contributor to greenhouse gases and generates up to a quarter of all emissions . transport is 96 % dependent on fossil fuels . meanwhile , congestion is an increasing problem ; systems are not yet sufficiently smart ; alternatives for shifting between different modes of transport are not always attractive ; road fatalities remain dramatically high at 34 000 per year in the union ; citizens and businesses expect a transport system that is safe and secure . the urban context poses specific challenges to the sustainability of transport . ### the transport sector is a major contributor to greenhouse gases and generates up to a quarter of all emissions . transport is 96 % dependent on fossil fuels . meanwhile , congestion is an increasing problem ; systems are not yet sufficiently smart ; alternatives for shifting between different modes of transport are not always attractive ; road fatalities remain dramatically high at 34 000 per year in the union ; citizens and businesses expect a transport system that is accessible to all , safe and secure . the urban context poses specific challenges to a better balance of quality of life and the sustainability of transport and mobility .


### within a few decades the expected growth rates of transport would drive european traffic into a gridlock and make its economic costs and societal impact unbearable . passenger - kilometres are predicted to double over the next 40 years and grow twice as fast for air travel . co2 emissions would grow 35 % by 2050 . congestion costs would increase by about 50 % , to nearly eur 200 billion annually . the external costs of accidents would increase by about eur 60 billion compared to 2005 . ### within a few decades the expected growth rates of transport would drive european traffic into a gridlock and make its economic costs and societal impact unbearable . passenger - kilometres are predicted to double over the next 40 years and grow twice as fast for air travel . co2 emissions would grow 35 % by 2050 . congestion costs would increase by about 50 % , to nearly eur 200 billion annually . the external costs of accidents would increase by about eur 60 billion compared to 2005 , and the external costs of climate change would even increase much more .


### the problems of pollution , congestion , safety and security are common throughout the union and call for collaborative europe - wide responses . accelerating the development and deployment of new technologies and innovative solutions for vehicles , infrastructures and transport management will be key to achieve a cleaner and more efficient transport system in the union ; to deliver the results necessary to mitigate climate change and improve resource efficiency ; to maintain european leadership on the world markets for transport related products and services . these objectives cannot be achieved through fragmented national efforts alone . ### the problems of pollution , congestion , safety and security are common throughout the union and call for collaborative europe - wide responses . accelerating the development and deployment of new technologies and innovative solutions for vehicles , infrastructures and green transport logistics and mobility management will be key to achieve a cleaner and more efficient transport system in the union ; to deliver the results necessary to mitigate climate change and improve resource efficiency ; to maintain european leadership on the world markets for transport related products , demand management concepts and services . these objectives cannot be achieved through fragmented national efforts alone .


### investing in research and innovation for a greener , smarter and more integrated transport system will make an important contribution to the europe 2020 goals of smart , sustainable and inclusive growth and the objectives of the innovation union flagship initiative . the activities will support the implementation of the white paper on transport aiming at a single european transport area . they will also contribute to the policy goals outlined in the flagship initiatives on ‘ resource efficient europe’ , ‘ an industrial policy for the globalisation era’ and ‘ a digital agenda for europe’ . ### investing in research and innovation for a greener , smarter and more integrated transport system will make an important contribution to the europe 2020 goals of smart , sustainable and inclusive development and the objectives of the innovation union flagship initiative . the activities will support the implementation of the white paper on transport aiming at a single european transport area . they will also contribute to the policy goals outlined in the flagship initiatives on ‘ resource efficient europe’ , ‘ an industrial policy for the globalisation era’ and ‘ a digital agenda for europe’ .


### the focus of activities shall be to reduce resource consumption and greenhouse gas emissions and improve vehicle efficiency , to accelerate the development and deployment of a new generation of electric and other low or zero emission vehicles , including through breakthroughs in engines , batteries and infrastructure ; to explore and exploit the potential of alternative fuels and innovative and more efficient propulsion systems , including fuel infrastructure ; to optimise the use of infrastructures , by means of intelligent transport systems and smart equipment ; and to increase the use of demand management and public and non - motorised transport , particularly in urban areas . ### the focus of activities shall be to reduce resource consumption and greenhouse gas emissions and improve vehicle efficiency , to accelerate the development and deployment of a new generation of electric and other low or zero emission vehicles , including through breakthroughs in engines , batteries and infrastructure and induction ; to explore and exploit the potential of alternative fuels and innovative and more efficient propulsion systems , including fuel infrastructure ; to optimise the use of infrastructures , by means of intelligent transport systems and smart equipment ; and to increase the use of demand management and public and non - motorised transport and intermodal mobility chains particularly in urban areas .


### member states shall prohibit the placing on the market of tobacco products with a characterising flavour . ### member states shall prohibit the placing on the market of tobacco for smoking with a characterising flavour .


### by 31 august 2017 , companies shall submit to the verifiers a monitoring plan indicating the method chosen to monitor and report emissions and other climate - relevant information for each of their ships above 5000 gt . ### by 31 august 2015 , companies shall submit to the verifiers a monitoring plan indicating the method chosen to monitor and report emissions and other climate - relevant information for each of their ships above 400 gt .


### for the application of paragraphs 1 and 2 , the relevant competent authorities may , in exceptional cases and by common agreement , replace the criterion based on balance sheet total with one or more of the following parameters or add one or more of these parameters , if they are of the opinion that these parameters are of particular relevance for the purpose of supplementary supervision under this directive : income structure , off - balance sheet activities , assets under management . ### for the application of paragraphs 1 and 2 , the relevant competent authorities may replace the criterion based on balance sheet total with one or more of the following parameters or add one or more of these parameters : income structure , off - balance sheet activities , total assets under management .


### data on the development of prices for union - wide voice , sms and data roaming services since the entry into force of regulation no 717 / 2007 and its amending regulation no 544 / 2009 , including in particular those collected by national regulatory authorities and reported on a quarterly basis through the medium of the berec , do not provide evidence to suggest that competition at the retail or wholesale levels has reasonably developed and is likely to be sustainable from june 2012 onwards in the absence of regulatory measures . such data indicates that retail and wholesale prices continue to cluster at or close to the limits set by regulation no 717 / 2007 as amended by regulation no 544 / 2009 , with only limited competition below those limits . ### data on the development of prices for union - wide voice , sms and data roaming services since the entry into force of regulation no 717 / 2007 and its amending regulation no 544 / 2009 , including in particular those collected by national regulatory authorities and reported on a quarterly basis through the medium of the berec , do not provide evidence to suggest that competition at the retail or wholesale levels has reasonably developed and is likely to be sustainable from june 2012 onwards in the absence of regulatory measures . such data indicates that retail and wholesale prices are still much higher than domestic prices and continue to cluster at or close to the limits set by regulation no 717 / 2007 as amended by regulation no 544 / 2009 , with only limited competition below those limits .


### during the transitional period of safeguard caps , new roaming customers should be fully informed of the range of tariffs that exist for roaming within the union , including the tariffs which are compliant with the transitory eurotariff . existing roaming customers should be given the opportunity to choose a new tariff compliant with the transitory eurotariff or any other roaming tariff within a certain time frame . for existing roaming customers who have not made their choice within this time frame , it is appropriate to distinguish between those who had already opted for a specific roaming tariff or package before the entry into force of this regulation and those who had not . the latter should be automatically accorded a tariff that complies with this regulation . roaming customers who already benefit from specific roaming tariffs or packages which suit their individual requirements and which they have chosen on that basis should remain on their previously selected tariff or package if , after having been reminded of their current tariff conditions , they fail to express a choice within the relevant time period . such specific roaming tariffs or packages could include , for example , roaming flat - rates , non - public tariffs , tariffs with additional fixed roaming charges , tariffs with per - minute charges lower than the maximum eurotariff or tariffs with set - up charges . ### during the transitional period of safeguard caps , new roaming customers should be fully informed in a clear and understandable manner of the range of tariffs that exist for roaming within the union , including the tariffs which are compliant with the transitory eurotariff . existing roaming customers should be given the opportunity to choose a new tariff compliant with the transitory eurotariff or any other roaming tariff within a certain time frame . for existing roaming customers who have not made their choice within this time frame , it is appropriate to distinguish between those who had already opted for a specific roaming tariff or package before the entry into force of this regulation and those who had not . the latter should be automatically accorded a tariff that complies with this regulation . roaming customers who already benefit from specific roaming tariffs or packages which suit their individual requirements and which they have chosen on that basis should remain on their previously selected tariff or package if , after having been reminded of their current tariff conditions , they fail to express a choice within the relevant time period . such specific roaming tariffs or packages could include , for example , roaming flat - rates , non - public tariffs , tariffs with additional fixed roaming charges , tariffs with per - minute charges lower than the maximum eurotariff or tariffs with set - up charges .


### data collected by national regulatory authorities indicate that high prices for average wholesale charges for data roaming services levied by visited network operators from roaming customers ' home providers persist , even if these wholesale prices appear to be on a downward trend . ### data collected by national regulatory authorities indicate that high prices for average wholesale charges for data roaming services levied by visited network operators from roaming customers ' home providers persist . even if these wholesale prices appear to be on a downward trend , they are still much too high and out of proportion with the real production costs .


### the retail charge of a eurotariff which a home provider may levy from its roaming customer for the provision of a regulated roaming call may vary for any roaming call but shall not exceed eur 0 , 32 per minute for any call made or eur 0 , 11 per minute for any call received as of 1 july 2012 . the price ceiling for calls made shall decrease to eur 0 , 28 and eur 0 , 24 on 1 july 2013 and on 1 july 2014 respectively , and for calls received to eur 0 , 10 on 1 july 2013 . without prejudice to articles 13 and 19 these regulated maximum retail charges for the eurotariff shall remain valid until 30 june 2016 . ### the retail charge of a eurotariff which a home provider may levy from its roaming customer for the provision of a regulated roaming call may vary for any roaming call but shall not exceed eur 0 , 15 per minute for any call made or eur 0 , 05 per minute for any call received as of 1 july 2012 . the price ceiling for calls made shall decrease to eur 0 , 13 and eur 0 , 10 on 1 july 2013 and on 1 july 2014 respectively , and for calls received to eur 0 , 03 on 1 july 2013 . from 1 july 2014 , home providers shall not levy any charge from their roaming customers for calls received . without prejudice to articles 13 and 19 these regulated maximum retail charges for the eurotariff shall remain valid until 30 june 2016 .


### with effect from 1 july 2012 , the retail charge of a euro - sms tariff which a home provider may levy from its roaming customer for a regulated roaming sms message sent by that roaming customer may vary for any roaming sms message but shall not exceed eur 0 , 10 . without prejudice to articles 13 and 19 , the regulated maximum retail charge for the euro - sms tariff shall remain at eur 0 , 10 until 30 june 2016 . ### with effect from 1 july 2012 , the retail charge of a euro - sms tariff which a home provider may levy from its roaming customer for a regulated roaming sms message sent by that roaming customer may vary for any roaming sms message but shall not exceed eur 0 , 07 , and shall not exceed eur 0 , 05 from 1 july 2014 . without prejudice to articles 13 and 19 , the regulated maximum retail charge for the euro - sms tariff shall remain at eur 0 , 05 until 30 june 2016 .


### this basic personalised pricing information shall include the maximum charges the customer may be subject to under his tariff scheme for : ### this basic personalised pricing information shall be sent to the customer when roaming outside as well as within the european union and shall include the maximum charges the customer may be subject to under his tariff scheme for :


### such basic personalised tariff information shall be delivered to the roaming customer ' s mobile telephone or other device , for example by an sms message , an e - mail or a pop - up window on the computer , every time the roaming customer enters a member state other than that of his home network and initiates for the first time a regulated data roaming service in that particular member state . it shall be provided free of charge at the moment the roaming customer initiates a regulated data roaming service , by an appropriate means adapted to facilitate its receipt and easy comprehension . ### such basic personalised tariff information shall be delivered to the roaming customer ' s mobile telephone or other device , for example by an sms message , an e - mail or a pop - up window on the computer , every time the roaming customer enters a member state or third country other than that of his home network and initiates for the first time a regulated data roaming service in that particular country . it shall be provided free of charge at the moment the roaming customer initiates a regulated data roaming service , by an appropriate means adapted to facilitate its receipt and easy comprehension . the personalised pricing information shall be sent to the customer when roaming outside as well as within the union .


### in respect of blind and visually impaired persons , the provisions of this article shall be applied using appropriate alternative means . ### in respect of blind and visually impaired persons , the provisions of this article shall be applied using appropriate alternative means and in the appropriate formats .


### the production and marketing of fruit and vegetables should fully take into account environmental concerns , including cultivation practices , management of waste materials and disposal of products withdrawn from the market , in particular as regards protection of water quality , maintenance of biodiversity and the upkeep of the countryside . ### the production and marketing of fruit and vegetables should fully take into account environmental concerns , including cultivation practices , management of waste materials and disposal of products withdrawn from the market , in particular as regards protection of water quality , maintenance of biodiversity and the upkeep of the countryside . priority should be given to fair trade products .


### specific instruments will still be needed after the end of the quota system to ensure a fair balance of rights and obligations between sugar undertakings and sugar beet growers . therefore , the standard provisions governing agreements between them should be established . ### specific instruments will still be needed after the end of the quota system to ensure a fair balance of rights and obligations , transparency in price - formation and fair contractual arrangements between sugar undertakings and sugar beet growers , especially from developing countries . therefore , the standard provisions governing agreements between them should be established .


### the customs duty system makes it possible to dispense with all other protective measures at the external borders of the union . the internal market and duty mechanism could , in exceptional circumstances , prove to be inadequate . in such cases , in order not to leave the union market without defence against disturbances that might ensue , the union should be able to take all necessary measures without delay . such measures should comply with the international commitments of the union . ### the customs duty system makes it possible to dispense with all other protective measures at the external borders of the union . the internal market and duty mechanism could , in exceptional circumstances , prove to be inadequate . in such cases , in order not to leave the union market without defence against disturbances that might ensue , the union should be able to take all necessary measures without delay . such measures should comply with the international commitments of the union and policy coherence for development .


### when drawing up their strategies , member states shall draw up a list of products of the fruit and vegetables , processed fruit and vegetables , and bananas sectors that will be eligible under their respective schemes . this list , however , shall not include products excluded by the measures adopted by the commission by means of delegated acts pursuant to point of article 22 . member states shall choose their products on the basis of objective criteria which may include seasonality , availability of produce or environmental concerns . in this connection , member states may give preference to products originating in the union . ### when drawing up their strategies , member states shall draw up a list of products of the fruit and vegetables , processed fruit and vegetables , and bananas sectors that will be eligible under their respective schemes , taking into account in particular fair trade products . this list , however , shall not include products excluded by the measures adopted by the commission by means of delegated acts pursuant to point of article 22 . member states shall choose their products on the basis of objective criteria which may include seasonality , availability of produce or environmental concerns . in this connection , member states may give preference to products originating in the union .


### for the purposes of applying this regulation , monitoring , analysing and managing the market in agricultural products , ensuring market transparency , the proper functioning of cap measures , of checking , controlling , monitoring , evaluating and auditing cap measures , implementing international agreements , including notification requirements under those agreements , the commission may in accordance with the procedure referred to in paragraph 2 adopt the necessary measures regarding communications to be made by undertakings , member states and / or third countries . in so doing it shall take into account the data needs and synergies between potential data sources . ### for the purposes of applying this regulation , monitoring , analysing and managing the market in agricultural products , ensuring market transparency , the proper functioning of cap measures , of checking , controlling , monitoring , evaluating and auditing cap measures , implementing international agreements and policy coherence for development , including notification requirements under those agreements , the commission may in accordance with the procedure referred to in paragraph 2 adopt the necessary measures regarding communications to be made by undertakings , member states and / or third countries . in so doing it shall take into account the data needs and synergies between potential data sources , also taking into account data from third countries .


### the delegation of power referred to in articles 4a and , 4c , 6 , 7 and 7 shall be conferred on the commission for an indeterminate period of time from [ the date of entry into force of this directive ] . ### the delegation of power referred to in articles 4a , 4c , 6 , 7 and 7 shall be conferred on the commission for an indeterminate period of time from [ the date of entry into force of this directive ] .


### the delegation of power referred to in articles 4a and , 4c , 6 , 7 and 7 may be revoked at any time by the european parliament or by the council . a decision of revocation shall put an end to the delegation of the powers specified in that decision . it shall take effect the day following the publication of the decision in the official journal of the european union or at a later date specified therein . it shall not affect the validity of any delegated acts already in force . ### the delegation of power referred to in articles 4a , 4c , 6 , 7 and 7 may be revoked at any time by the european parliament or by the council . a decision of revocation shall put an end to the delegation of the powers specified in that decision . it shall take effect the day following the publication of the decision in the official journal of the european union or at a later date specified therein . it shall not affect the validity of any delegated acts already in force .


### a delegated act adopted pursuant to articles 4a and , 4c , 6 , 7 and 7 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 4a , 4c , 6 , 7 and 7 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 .


### the mandatory equipping of vehicles with the ecall in - vehicle system should initially apply only to new passenger cars and light commercial vehicles for which an appropriate triggering mechanism already exists . ### the option for equipping of vehicles with the ecall in - vehicle system should initially apply only to new passenger cars and light commercial vehicles for which an appropriate triggering mechanism already exists .


### the mandatory equipping of vehicles with the ecall in - vehicle system should be without prejudice to the right of all stakeholders such as car manufacturers and independent operators to offer additional emergency and / or added value services , in parallel with or building on the 112 - based ecall in - vehicle system . however , these additional services should be designed not to increase driver distraction . ### the option for equipping of vehicles with the ecall in - vehicle system should be without prejudice to the right of all stakeholders such as car manufacturers and independent operators to offer additional emergency and / or added value services , in parallel with or building on the 112 - based ecall in - vehicle system . however , these additional services should be designed not to increase driver distraction .


### manufacturers shall demonstrate that all new types of vehicles referred to in article 2 are equipped with an ecall in - vehicle system , in accordance with this regulation and the delegated acts adopted pursuant to this regulation . ### manufacturers shall demonstrate that all new types of vehicles referred to in article 2 have the possibility to be equipped with an ecall in - vehicle system if the users opt - in for such , in accordance with this regulation and the delegated acts adopted pursuant to this regulation .


### the plan shall ensure the sustainable exploitation of the cod stocks concerned on the basis of maximum sustainable yield by gradually reducing and maintaining the fishing mortality rates at levels no lower than : ### the plan shall ensure the sustainable exploitation of the cod stocks concerned on the basis of maximum sustainable yield by gradually reducing and maintaining the fishing mortality rates at levels no higher than :


### pursuant to article 16 of regulation no 648 / 2004 , the commission has evaluated the use of phosphates in detergents in the report to the council and the european parliament concerning the use of phosphates . following further analysis , the commission has concluded that the use of phosphates in household laundry detergents should be limited in order to reduce the contribution of phosphates from detergents to eutrophication risks and to reduce the costs of phosphates removal in waste water treatment plants . those cost savings outweigh the cost of reformulating household laundry detergents with alternatives to phosphates . ### pursuant to article 16 of regulation no 648 / 2004 , the commission has evaluated the use of phosphates in detergents in the report to the council and the european parliament concerning the use of phosphates . following further analysis , the commission has concluded that the use of phosphates in household detergents should be limited in order to reduce the contribution of phosphates from detergents to eutrophication risks and to reduce the costs of phosphates removal in waste water treatment plants . those cost savings outweigh the cost of reformulating household detergents with alternatives to phosphates .


### efficient alternatives to phosphates - based household laundry detergents require small amounts of other phosphorous compounds , namely phosphonates which if used in increasing quantities might be of concern for the environment . ### efficient alternatives to phosphates - based household detergents require small amounts of other phosphorous compounds , namely phosphonates which if used in increasing quantities might be of concern for the environment .


### the commission communication ' a shared commitment for employment ' underlined the need to offer a new chance to the unemployed and open the road to entrepreneurship for some of europe’s most disadvantaged groups , including the young . in addition to existing instruments , specific action is needed to further strengthen economic and social cohesion by reinforcing activities undertaken by the european investment bank and the european investment fund and other international financial institutions without prejudice to the activities of the member states . the commission therefore announced a proposal for a new eu microfinance facility to deepen the outreach of microfinance to particular at - risk groups and to further support the development of entrepreneurship , the social economy and micro - enterprises . ### the commission communication ' a shared commitment for employment ' underlined the need to offer a new chance to the unemployed and open the road to entrepreneurship for some of europe’s most disadvantaged groups who have no credit standing and no capital resources and therefore no access to credit . in addition to existing instruments , specific action is needed to further strengthen economic and social cohesion without prejudice to the activities of the member states . the commission therefore announced a proposal for a new eu microfinance facility to deepen the outreach of microfinance to particular at - risk groups and to further support the development of entrepreneurship , the social and solidarity economy and micro - enterprises .


### the actions financed by the facility should be coherent and compatible with the other community policies and comply with the provisions of the treaty and of acts adopted under it . the activities of the facility should be complementary to other community interventions , in particular the cip financial instruments , jasmine and the european social fund . ### the actions financed by the facility should be coherent and compatible with the other community policies and comply with the provisions of the treaty and of acts adopted under it . the activities of the facility should be complementary to other community interventions , in particular the cip financial instruments , jasmine , eafrd , erdf and the european social fund .


### the facility shall be open to public and private bodies established in the member states which provide microfinance to persons and micro - enterprises in the member states . ### the facility shall be open to public and private bodies established in the member states which provide microfinance to persons and micro - enterprises in the member states , as well as credit unions .


### to implement the actions referred to in article 4 , except for the support measures referred to in point of article 4 , the commission shall conclude agreements with international financial institutions , in particular with the european investment bank and the european investment fund , in accordance with article 53d of council regulation no 1605 / 2002 and article 43 of commission regulation no 2342 / 2002 . these agreements shall contain detailed provisions for the implementation of the tasks entrusted to them , including the necessity to ensure additionality with national schemes . ### to implement the actions referred to in article 4 , except for the support measures referred to in point of article 4 , the commission shall conclude agreements with selected public and private providers of microfinance referred to in article 4 that lay down their obligations to use the resources made available from the facility in accordance with the objectives set out in article 2 and to provide information for the establishment of the annual reports referred to in article 8 . these agreements between the commission and microfinance providers shall contain detailed provisions for the implementation of the tasks entrusted to them , including the necessity to ensure additionality and coordination with existing european and national financial instruments , relevant social support measures and regional and local programmes .


### proceeds , including dividends and reimbursements , received by the international financial institutions referred to in paragraph 2 may be re - invested by them into actions referred to under article 4 , and for a period of 6 years after the starting date of the facility . upon closure of the facility , the remaining balance due to the european communities shall be repaid to the general budget of the european communities . ### proceeds , including dividends and reimbursements , received by the international financial institutions referred to in paragraph 2 must be re - invested by them into actions referred to under article 4 , and for a period of 6 years after the starting date of the facility . upon closure of the facility , the remaining balance due to the european communities shall be repaid to the general budget of the european communities .


### the commission shall receive annual implementation reports from the international financial institutions referred to in article 5 setting out the supported activities in terms of financial implementation , distribution of funding with regard to sectors and type of beneficiaries , applications submitted , contracts concluded , actions funded , results and , where possible , impact . ### the commission shall present to the european parliament and the council annual implementation reports referred to in article 5 setting out the supported activities in terms of financial implementation , distribution of funding with regard to sectors and type of beneficiaries , applications accepted or rejected , contracts concluded , actions funded , results and , where possible , impact .


### the commission shall receive annual implementation reports from the international financial institutions referred to in article 5 setting out the supported activities in terms of financial implementation , distribution of funding with regard to sectors and type of beneficiaries , applications submitted , contracts concluded , actions funded , results and , where possible , impact . ### the commission shall present to the european parliament and the council annual implementation reports based on reports from the international financial institutions referred to in article 5 setting out the supported activities in terms of financial implementation , distribution of funding with regard to sectors and type of beneficiaries , applications accepted or rejected , contracts concluded , actions funded , results and , where possible , impact .


### accelerating the refurbishment of existing and deployment of new energy infrastructure is vital to achieve the union ' s energy and climate policy objectives , consisting in completing the internal market in energy , guaranteeing security of supply , notably for gas and oil , reducing greenhouse gas emissions by 20% , increasing the share of renewable energy in the final energy consumption to 20% and achieving a 20% increase in energy efficiency by 2020 . at the same time , the union has to prepare its infrastructure for further decarbonisation of its energy system in the longer term towards 2050 . ### accelerating the refurbishment of existing and deployment of new energy infrastructure is vital to achieve the union ' s energy and climate policy objectives , consisting in completing the internal market in energy , guaranteeing security of supply , notably for gas and oil , reducing greenhouse gas emissions by 20% , increasing the share of renewable energy in the final energy consumption to 20% and achieving a 20% increase in energy efficiency by 2020 . at the same time , the union has to prepare its infrastructure for practically full decarbonisation of its energy system in the longer term towards 2050 and has an objective to halt and reverse the loss of biodiversity by 2020 .


### despite its legal existence as defined in directives 2009 / 72 / ec of the european parliament and of the council of 13 july 2009 concerning common rules for the internal market in electricity and 2009 / 73 / ec of the european parliament and of the council of 13 july 2009 concerning common rules for the internal market in natural gas , the internal market in energy remains fragmented due to insufficient interconnections between national energy networks . union - wide integrated networks however are vital for ensuring a competitive and well functioning integrated market for promoting growth , employment and sustainable development . ### despite its legal existence as defined in directives 2009 / 72 / ec of the european parliament and of the council of 13 july 2009 concerning common rules for the internal market in electricity and 2009 / 73 / ec of the european parliament and of the council of 13 july 2009 concerning common rules for the internal market in natural gas , the internal market in energy remains fragmented due to insufficient interconnections between national energy networks . union - wide integrated networks and deployment of smart grid infrastructure allowing for increased energy efficiency and integration of distributed renewable energy sources however are vital for ensuring a competitive and well functioning integrated market for promoting resource efficient growth , employment and sustainable development .


### the identification of projects of common interest should be based on common , transparent and objective criteria in view of their contribution to the energy policy objectives . for electricity and gas , proposed projects should be part of the latest available ten - year network development plan . this plan should notably take account of the conclusions of the 4 february european council with regard to the need to integrate peripheral energy markets . ### the identification of projects of common interest should be based on common , transparent and objective criteria in view of their contribution to the energy policy objectives . for electricity and gas , proposed projects should be part of the latest available ten - year network development plan . this plan should notably take account of the conclusions of the 4 february european council with regard to the need to integrate peripheral energy markets and establish the roll out of smart grid infrastructure .


### projects of common interest should be given ‘ priority status’ at national level to ensure rapid administrative treatment . projects of common interest shall be considered by competent authorities as being in public interest . authorisation should be given to projects which have an adverse impact on the environment , for reasons of overriding public interest , when all the conditions provided for under directives 92 / 43 / ec and 2000 / 60 / ec are met . ### projects of common interest should be given ‘ priority status’ at national level to ensure rapid administrative treatment . projects of common interest shall be considered by competent authorities as being in public interest . authorisation should be given to projects which have an adverse impact on the environment , for reasons of overriding public interest , when all the conditions provided for under directives 92 / 43 / ec and 2000 / 60 / ec are met . there is a need to identify , according to a hierarchy of importance and in the interest of cost - effectiveness , where infrastructure could be minimised through energy efficiency policies , where existing national and cross - border infrastructure can be upgraded or modernised and where new infrastructure is needed and can be built alongside existing energy or transport infrastructure .


### facilitates the timely implementation of projects of common interest by accelerating permit granting and enhancing public participation ; ### facilitates the timely implementation of projects of common interest by accelerating permit granting and setting minimum requirements for public participation ;


### ' energy infrastructure ' means any physical equipment designed to allow transmission and distribution of electricity or gas , transportation of oil or carbon dioxide , or storage of electricity or gas , which is located within the union or linking the union and one or more third countries ; ### ' energy infrastructure ' means any physical equipment designed to allow transmission and distribution of electricity or gas , transportation of oil , or storage of electricity or gas , which is located within the union or linking the union and one or more third countries ;


### when ranking projects contributing to the implementation of the same priority , due consideration shall also be given to the urgency of each proposed project in order to meet the energy policy targets of market integration and competition , sustainability and security of supply , the number of member states affected by each project , and its complementarity with regard to other proposed projects . for projects falling under the category set out in point 1 of annex ii , due consideration shall also be given to the number of users affected by the project , the annual energy consumption and the share of generation from non dispatchable resources in the area covered by these users . ### when ranking projects contributing to the implementation of the same priority , due consideration shall also be given to the urgency of each proposed project in order to meet the energy policy targets of energy savings and efficiency , increasing the share of renewable generation , market integration and competition , sustainability and security of supply , and its complementarity with regard to other proposed projects . for projects falling under the category set out in point 1 of annex ii , due consideration shall also be given to the number of users affected by the project , the annual energy consumption and the share of generation from non dispatchable resources in the area covered by these users .


### the adoption of the union - wide list of projects of common interest shall establish the public interest and necessity of these projects within the member states concerned and shall be acknowledged as such by all parties concerned . ### the adoption of the union - wide list of projects of common interest shall establish a public interest of these projects within the member states concerned and shall be acknowledged as such by all parties concerned , in particular by regional authorities .


### the commission shall , within three months of the entry into force of this regulation , issue guidance to support member states in defining adequate measures and to ensure the coherent application of environmental assessment procedures required under eu legislation for projects of common interest . ### the commission shall , within three months of the entry into force of this regulation , issue guidance to support member states in defining and implementing adequate measures and to ensure the coherent application of environmental assessment procedures required under eu legislation for projects of common interest , and shall monitor its application .


### the project specific cost - benefit analysis pursuant to paragraph 4 of provides evidence concerning the existence of significant positive externalities , such as security of supply , solidarity or innovation ; and ### the project specific cost - benefit analysis pursuant to paragraph 4 of provides evidence concerning the existence of significant positive externalities , such as environmental and social benefits , security of supply , solidarity or innovation ; and


### for electricity projects falling under the categories set out in point 1 of annex ii , each group shall be composed of representatives of the member states , national regulatory authorities , transmission system operators following their obligation to cooperate on a regional level in accordance with article 6 of directive 2009 / 72 / ec and article 12 of regulation no 714 / 2009 and project promoters concerned by each of the relevant priorities designated in annex i , as well as the commission , the agency and the entso for electricity . ### for electricity projects falling under the categories set out in point 1 of annex ii , each group shall be composed of representatives of the member states , national regulatory authorities , local and regional authorities , transmission system operators following their obligation to cooperate on a regional level in accordance with article 6 of directive 2009 / 72 / ec and article 12 of regulation no 714 / 2009 , project promoters and other relevant stakeholders , including producers , distribution system operators , suppliers and environmental organisations and organisations representing consumers , concerned by each of the relevant priorities designated in annex i , as well as the commission , the agency and the entso for electricity .


### for gas projects falling under the categories set out in point 2 of annex ii , each group shall be composed of representatives of the member states , national regulatory authorities , transmission system operators following their obligation to cooperate on a regional level in accordance with article 7 of directive 2009 / 73 / ec and article 12 of regulation no 715 / 2009 and project promoters concerned by each of the relevant priorities designated in annex 1 , as well as the commission , the agency and the entso for gas . ### for gas projects falling under the categories set out in point 2 of annex ii , each group shall be composed of representatives of the member states , national regulatory authorities , local and regional authorities , transmission system operators following their obligation to cooperate on a regional level in accordance with article 7 of directive 2009 / 73 / ec and article 12 of regulation no 715 / 2009 and project promoters concerned by each of the relevant priorities designated in annex 1 , as well as the commission , the agency and the entso for gas .


### sustainability shall be measured as the contribution of a project to reduce emissions , to support the back - up of renewable electricity generation or power - to - gas and biogas transportation , taking into account expected changes in climatic conditions . ### sustainability shall be measured by assessing the environmental impact of the infrastructure and as the contribution of a project to reduce emissions , to support the back - up of renewable electricity generation or power - to - gas and biogas transportation , taking into account expected changes in climatic conditions .


### the data set shall reflect union and national legislations in force at the date of analysis . the data sets used for electricity and gas respectively shall be compatible , notably with regard to assumptions on prices and volumes in each market . the data set shall be elaborated after formally consulting member states and the organisations representing all relevant stakeholders . the commission and the agency shall ensure access to the required commercial data from third parties when applicable . ### the data set shall reflect union and national legislations in force at the date of analysis . the data sets used for electricity and gas respectively shall be compatible , notably with regard to assumptions on prices and volumes in each market . the data set shall be elaborated after formally consulting member states and the organisations representing all relevant stakeholders including academia and environmental organisations , and shall be made available to the public . the commission and the agency shall ensure access to the required commercial data from third parties when applicable .


### the cost - benefit analysis shall at least take into account the following costs : capital expenditure , operational and maintenance expenditure over the technical lifecycle of the project and decommissioning and waste management costs , where relevant . the methodology shall give guidance on discount rates to be used for the calculations . ### the cost - benefit analysis shall at least take into account the following costs : capital expenditure , operational and maintenance expenditure over the technical lifecycle of the project and decommissioning and waste management costs , as well as other environmental externalities . the methodology shall give guidance on discount rates to be used for the calculations .


### without prejudice to the provisions on suspension of aid in partnership and cooperation agreements with partner countries and regions , where a beneficiary country fails to respect the principles of democracy , the rule of law , human rights , minority rights and fundamental freedoms , or the commitments contained in the relevant agreements concluded with the union , or where progress towards fulfilment of the accession criteria is insufficient , the union shall invite the beneficiary country to hold consultations with a view to finding a solution acceptable to both parties , except in cases of special urgency . where consultations with the beneficiary country do not lead to a solution acceptable to both parties , or if consultations are refused or in cases of special urgency , the council may take appropriate measures in accordance with article 215 of the treaty on the functioning of the european union , which may include full or partial suspension of union assistance . the european parliament shall be fully and immediately informed of any decisions taken in this respect . ### without prejudice to the provisions on suspension of aid in partnership and cooperation agreements with partner countries and regions , where a beneficiary country fails to respect the principles of democracy , the rule of law , human rights , minority rights and fundamental freedoms , or the commitments contained in the relevant agreements concluded with the union , or where progress towards fulfilment of the accession criteria is insufficient , the union shall invite the beneficiary country to hold consultations with a view to finding a solution acceptable to both parties , except in cases of special urgency . where consultations with the beneficiary country do not lead to a solution acceptable to both parties , or if consultations are refused or in cases of special urgency , the council may take appropriate measures in accordance with article 215 of the treaty on the functioning of the european union , which may include full or partial suspension of union assistance . the european parliament shall be fully and immediately informed of any decisions taken in this respect . in such cases , union assistance shall primarily be used to support civil society organisations in relation to measures aimed at promoting human rights and fundamental freedoms and supporting democratisation and dialogue processes in partner countries .


### there is a need to identify any natural person who exercises ownership or control over a legal person . while finding a percentage shareholding will not automatically result in finding the beneficial owner , it is an evidential factor to be taken into account . identification and verification of beneficial owners should , where relevant , extend to legal entities that own other legal entities , and should follow the chain of ownership until the natural person who exercises ownership or control of the legal person that is the customer is found . ### there is a need to identify any natural person who exercises ownership or control over a legal person . while finding a percentage shareholding will not automatically result in finding the beneficial owner , it can be an aide to the identification of the beneficial owner . identification and verification of beneficial owners should , where relevant , extend to legal entities that own other legal entities , and should follow the chain of ownership until the natural person who exercises ownership or control of the legal person that is the customer is found .


### the need for accurate and up - to - date information on the beneficial owner is a key factor in tracing criminals who might otherwise hide their identity behind a corporate structure . member states should therefore ensure that companies retain information on their beneficial ownership and make this information available to competent authorities and obliged entities . in addition , trustees should declare their status to obliged entities . ### the need for accurate and up - to - date information on the beneficial owner of legal persons , mutual societies , trusts , foundations , holdings and all other similar existing or future legal arrangements is a key factor in tracing criminals who might otherwise hide their identity behind a corporate structure . member states should therefore ensure that companies retain information on their beneficial ownership and ensure that this information is made publicly available in form of a public registry . in addition , trustees should declare their status to obliged entities .


### certain aspects of the implementation of this directive involve the collection , analysis , storage and sharing of data . the processing of personal data should be permitted in order to comply with the obligations laid down in this directive , including carrying out of customer due diligence , on - going monitoring , investigation and reporting of unusual and suspicious transactions , identification of the beneficial owner of a legal person or legal arrangement , sharing of information by competent authorities and sharing of information by financial institutions . the personal data collected should be limited to what is strictly necessary for the purpose of complying with the requirements of this directive and not further processed in a way inconsistent with directive 95 / 46 / ec . in particular , further processing of personal data for commercial purposes should be strictly prohibited . ### certain aspects of the implementation of this directive involve the collection , analysis , storage and sharing of data . the processing of personal data should be permitted in order to comply with the obligations laid down in this directive , including carrying out of customer due diligence , on - going monitoring , investigation and reporting of unusual and suspicious transactions , identification of the beneficial owner of a legal person or legal arrangement , sharing of information by competent authorities and sharing of information by financial institutions . the personal data collected should be limited to what is necessary for the purpose of complying with the requirements of this directive and not further processed in a way inconsistent with directive 95 / 46 / ec . in particular , further processing of personal data for commercial purposes should be strictly prohibited .


### the european banking authority , european insurance and occupational pensions authority and european securities and markets authority shall provide a joint opinion on the money laundering and terrorist financing risks affecting the internal market . ### after a public consultation the commission shall take the necessary steps to identify , assess and understand the money laundering and terrorist financing risks affecting the internal market , with specific reference to cross - border phenomena in cooperation with europol , the committee of european fius , eba , eiopa , esma and other relevant authorities .


### the commission shall make the opinion available to assist member states and obliged entities to identify , manage and mitigate the risk of money laundering and terrorist financing . ### the commission shall : - keep the assessment up to date , - make the results of its risk assessment publicly available to member states and obliged entities to identify , manage and mitigate the risk of money laundering and terrorist financing , and to allow other stakeholders including legislators to better understand the financial risks , - make appropriate information available to obliged entities to carry out their own money laundering and terrorist financing risk assessments . the commission shall be assisted by the committee on the prevention of money laundering and terrorist financing , hereinafter referred to as ' the committee ' . the committee shall be a committee within the meaning of regulation eu 182 / 2011 . where high risks are identified at european level by the commission , the member states aml / cft regimes shall address these high risks . without prejudice to any other measures taken at national level by member states to manage and mitigate these risks , the commission could prescribe to member states to take enhanced due diligence to manage and mitigate risks . member states shall ensure that financial institutions and designated non - financial businesses and professions take into account these enhanced due diligence measures to carry out and manage their own money laundering and terrorist financing risk assessments . for the application of the above sub paragraph , the commission shall ensure that member states have effectively taken into account its risk assessment in their national aml / ft legislation .


### member states shall ensure that corporate or legal entities established within their territory obtain and hold adequate , accurate and current information on their beneficial ownership . ### member states shall ensure that corporate or legal entities , including mutual societies , trusts , foundations , holdings and all other similar , in terms of structure or function , existing or future legal arrangements established within their territory , or governed under their law obtain , hold and transmit to a public registry pursuant to paragraph 4 of this article , adequate , accurate and current information on their beneficial ownership , at the moment of establishment or any changes thereof . the public registry shall contain but not be limited to the following information : name and legal form of the corporate or legal entity , b ) address c ) basic regulatory powers d ) list of directors e ) shareholder information including names , dates of birth and addresses , the number of shares per shareholder , and categories of shares the requirements stipulated in this paragraph are without prejudice to the customer due diligence provisions of this directive


### member states shall take all appropriate measures in order to protect employees of the obliged entity who report suspicions of money laundering or terrorist financing either internally or to the fiu from being exposed to threats or hostile action . ### member states shall take all appropriate measures in order to protect employees of the obliged entity who report suspicions of money laundering or terrorist financing either internally or to the fiu from being exposed to threats or hostile action . eba , eiopa , esma and the fiu shall provide one or more secure communication channel for persons to report suspicions of laundering or terrorist financing . such channels shall ensure that the identity of persons providing information is known only to eba ; eiopa , esma or the fiu


### the agency shall issue decisions granting vehicle authorisations for placing on the market . those authorisations attest the values of the parameters relevant for checking the technical compatibility between the vehicle and the fixed installations as set out in the tsis . the vehicle authorisation for placing on the market shall also provide information about the vehicle ' s compliance with the relevant tsis and sets of national rules , related to these parameters . ### the agency shall issue decisions granting vehicle authorisations for placing in service . those authorisations attest the values of the parameters relevant for checking the technical compatibility between the vehicle and the fixed installations as set out in the tsis and set of national rules for the selected networks or lines , or group of networks or lines . the vehicle authorisation for placing on the market shall also provide information about the vehicle ' s compliance with the relevant tsis and sets of national rules for the selected networks or lines or groups of networks or lines , related to these parameters .


### the agency shall provide detailed guidance on how to obtain the vehicle authorisation for placing on the market . an application guidance document describing and explaining the requirements for the vehicle authorisation for placing on the market and listing the required documents shall be made available to applicants free of charge . the national safety authorities shall cooperate with the agency in disseminating such information . ### the agency shall provide detailed guidance on how to obtain the vehicle authorisation for placing in service . an application guidance document describing and explaining the requirements for the vehicle authorisation for placing in service and listing the required documents shall be made available to applicants free of charge . the national safety authorities shall cooperate with the agency in disseminating such information .


### the agency may issue vehicle authorisation for placing on the market for a series of vehicles . those authorisations shall be valid in all member states . ### the agency may issue vehicle authorisation for placing in service for a series of vehicles . those authorisations shall be valid in all member states .


### at the request of the applicant , the vehicle authorisation for placing on the market may include a clear indication of the networks or lines or groups of networks or lines where the railway undertaking may place such a vehicle in service without further verifications , checks or tests concerning the technical compatibility between the vehicle and these networks or lines . in that case , the applicant shall include in its request the proof of the technical compatibility of the vehicle with the networks or lines concerned . ### in its request , the applicant shall provide the demonstration of the technical compatibility of the vehicle with the networks or lines or groups of networks or lines for which it applies . the vehicle authorisation for placing in service includes a clear indication of the networks or lines or groups of networks or lines where the vehicle can run without further verifications , checks or tests concerning the technical compatibility between the vehicle and these networks or lines . in that case , the applicant shall include in its request the proof of the technical compatibility of the vehicle with the networks or lines concerned .


### placing in service of vehicles ### use of vehicles


### a report published on 25 february 2009 by a high - level group of experts chaired by j . de larosière , requested by the commission , concluded that the supervisory framework needed to be strengthened to reduce the risk and severity of future financial crises and recommended far - reaching reforms to the structure of supervision of the financial sector in the community . that group of experts also concluded that a european system of financial supervisors should be created , comprising three european supervisory authorities , one for the securities sector one for the insurance and occupational pensions sector and one for the banking sector , and the creation of a european systemic risk council . ### a report published on 25 february 2009 by a high - level group of experts chaired by j . de larosière , requested by the commission , concluded that the supervisory framework needed to be strengthened to reduce the risk and severity of future financial crises and recommended reforms to the structure of supervision of the financial sector in the union . that group of experts also concluded that a european system of financial supervisors should be created , comprising three european supervisory authorities , one for the securities sector one for the insurance and occupational pensions sector and one for the banking sector , and the creation of a european systemic risk council . this recommendations in the report represented the lowest level of change that the experts qualified as necessary to avoid a similar crisis to take place in the future .


### the commission in its communication of 4 march 2009 entitled ' driving european recovery ' proposed to bring forward draft legislation creating a european system of financial supervisors and a european systemic risk board , and in its communication of 27 may 2009 entitled ' european financial supervision ' provided more detail about the possible architecture of such a new supervisory framework . ### the commission in its communication of 4 march 2009 entitled ' driving european recovery ' proposed to bring forward draft legislation creating a european system of financial supervisors and a european systemic risk board , and in its communication of 27 may 2009 entitled ' european financial supervision ' provided more detail about the possible architecture of such a new supervisory framework . the communication does not take up all the recommendations made in the de larosière report .


### the european system of financial supervisors should be a network of national and community supervisory authorities , leaving day - to - day supervision of financial market participant at the national level , and according a central role in the supervision of cross - border groups to colleges of supervisors . greater harmonisation and the coherent application of rules for financial market participants and markets across the community should also be achieved . a european securities and markets authority should be established , along with a european insurance and occupational pensions authority and a european banking authority . ### the european system of financial supervisors should be a network of national and european union supervisory authorities , leaving day - to - day supervision of financial institutions that have no eu dimension at the national level . colleges of supervisors shall exert supervision of institutions operating as cross borders that have no eu dimension . the authority shall gradually take over supervision of institutions with european union dimension . greater harmonisation and the coherent application of rules for financial institutions and markets across the union should also be achieved . a european securities and markets authority should be established , along with a european supervisory authority and a european supervisory authority as well as a european supervisory authority . the european systemic risk board shall form part of a european system of financial supervision .


### the european securities and markets authority should act with a view to improving the functioning of the internal market , including in particular by ensuring a high , effective and consistent level of regulation and supervision taking account of the varying interests of all member states , to protect investors , to ensure the integrity , efficiency and orderly functioning of financial markets , to safeguard the stability of the financial system , and to strengthen international supervisory coordination , for the benefit of the economy at large , including financial market participants and other stakeholders , consumers and employees . its tasks also include promoting supervisory convergence and providing advice to the eu institutions in areas of securities and markets regulation and supervision , as well as related corporate governance and financial reporting issues . in order to be able to fulfil its objectives , it is necessary and appropriate that the authority should be a community body having legal personality and that it should have legal , administrative and financial autonomy . ### the authority should act with a view to improving the functioning of the internal market , including in particular by ensuring a high , effective and consistent level of regulation and supervision taking account of the varying interests of all member states , to prevent regulatory arbitrage and guarantee a level playing field , to protect investors , to ensure the integrity , efficiency and orderly functioning of financial markets , to safeguard the stability of the financial system , and to strengthen international supervisory coordination , for the benefit of the economy at large , including financial market participants and other stakeholders , consumers and employees . its tasks also include promoting supervisory convergence and providing advice to the eu institutions in areas of securities and markets regulation and supervision , as well as related corporate governance and financial reporting issues . in order to be able to fulfil its objectives , it is necessary and appropriate that the authority should be a union body having legal personality and that it should have legal , administrative and financial autonomy .


### the court of justice of the european communities in its judgement of 2 may 2006 in case c - 217 / 04 has acknowledged that article 95 of the treaty relating to the adoption of measures for the approximation of legislation for the establishment and functioning of the internal market provides an appropriate legal basis for setting up a ' community body responsible for contributing to the implementation of a process of harmonisation ' , when the tasks conferred on such a body are closely related to the subject - matter of the acts approximating the national legislations . the purpose and tasks of the authority - assisting competent national supervisory authorities in the consistent interpretation and application of community rules and contributing to financial stability necessary for financial integration - are closely linked to the objectives of the community acquis concerning the internal market for financial services . the authority should therefore be established on the basis of article 95 of the treaty . ### the court of justice of the european communities in its judgement of 2 may 2006 in case c - 217 / 04 has acknowledged that article 95 of the treaty relating to the adoption of measures for the approximation of legislation for the establishment and functioning of the internal market provides an appropriate legal basis for setting up a ' community body responsible for contributing to the implementation of a process of harmonisation ' , when the tasks conferred on such a body are closely related to the subject - matter of the acts approximating the national legislations . the purpose and tasks of the authority - assisting competent national supervisory authorities in the consistent interpretation and application of union rules and contributing to financial stability necessary for financial integration - are closely linked to the objectives of the union acquis concerning the internal market for financial services . the authority should therefore be established on the basis of article 114 of the treaty .


### colleges of supervisors play an important role in the efficient , effective and consistent supervision of financial market participants operating across borders . the authority should have full participation rights in colleges of supervisors with a view to streamlining the functioning of and the information exchange process in colleges and to foster convergence and consistency across colleges in the application of community law . ### colleges of supervisors play an important role in the efficient , effective and consistent supervision of financial market participants operating across borders . the authority should have full participation rights in colleges of supervisors with a view to streamlining the functioning of and the information exchange process in colleges and to foster convergence and consistency across colleges in the application of union law . the authority should also be able to act as leader in a college of supervisors in particular with regard to colleges of supervising the most significant cross - border financial institutions operating in the european union .


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


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


### close cooperation between the authority and the european systemic risk board is essential to give full effectiveness to the functioning of the european systemic risk board and the follow - up to its warnings and recommendations . the authority should share any relevant information with the european systemic risk board . data related to individual undertakings should be provided only upon reasoned request . upon receipt of warnings or recommendations addressed by the european systemic risk board to the authority or a national supervisory authority , the authority should take immediate action and ensure follow - up . ### close cooperation between the authority and the european systemic risk board is essential to give full effectiveness to the functioning of the european systemic risk board and the follow - up to its warnings and recommendations . the authority should share any relevant information with the european systemic risk board . data related to individual undertakings should be provided only upon reasoned request . upon receipt of warnings or recommendations addressed by the european systemic risk board to the authority or a national supervisory authority , the authority should , as appropriate , ensure follow - up .


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


### member states have a core responsibility in preserving financial stability in crisis management , in particular with regard to stabilising and resolving individual ailing financial market participants . measures by the authority in emergency or settlement situations affecting the stability of a financial market participant should not impinge on the fiscal responsibilities of member states . a mechanism should be established whereby member states may invoke this safeguard and ultimately bring the matter before the council for decision . it is appropriate to confer on the council a role in this matter given the particular responsibilities of the member states in this respect . ### member states have a core responsibility in ensuring coordinated crisis management and in preserving financial stability in crisis situations , in particular with regard to stabilising and resolving individual ailing financial market participants . measures by the authority in emergency or settlement situations affecting the stability of a financial market participant should not impinge on the fiscal responsibilities of member states . a mechanism should be established whereby member states may invoke this safeguard and ultimately bring the matter before the council for decision . it is appropriate to confer on the council a role in this matter given the particular responsibilities of the member states in this respect .


### a board of supervisors composed of the heads of the relevant competent authority in each member state , and chaired by the chairperson of the authority , should be the principal decision - making organ of the authority . representatives of the commission , the european systemic risk board and the other two european supervisory authorities should participate as observers . members of the board of supervisors should act independently and only in the community ' s interest . for acts of a general nature , including those related to the adoption of technical standards , guidelines and recommendations as well as budgetary matters , it is appropriate to apply the rules on qualified majority as laid down in the treaty , whereas for all other decisions simple majority of members should apply . cases concerning the settlement of disagreements between national supervisory authorities should be examined by a restricted panel . ### a board of supervisors composed of the heads of the relevant competent authority in each member state , and chaired by the chairperson of the authority , should be the principal decision - making organ of the authority . representatives of the commission , the european systemic risk board , the european supervisory authority and the european supervisory authority should participate as observers . members of the board of supervisors should act independently and only in the union ' s interest . for acts of a general nature , including those related to the adoption of technical standards , guidelines and recommendations as well as budgetary matters , it is appropriate to apply the rules on qualified majority as laid down in article 16 of the treaty , whereas for all other decisions simple majority of members should apply . cases concerning the settlement of disagreements between national supervisory authorities should be examined by a restricted panel .


### the european securities and markets authority shall co - operate with the european systemic risk board , hereinafter referred to as ' esrb ' as laid down in article 21 of this regulation . ### pursuant to the principle of sincere cooperation in accordance with article 4 of the eu treaty , the parties to the esfs shall cooperate with trust and full mutual respect , in particular in ensuring that appropriate and reliable information flows between them . for translators , ' sincere cooperation ' is in fr ' coopération loyale ' .


### contribute to the establishment of high quality common regulatory and supervisory standards and practices , in particular by providing opinions to the community institutions and by developing guidelines , recommendations , and draft technical standards which shall be based on the legislation referred to in article 1 ; ### contribute to a consistent application of union law , in particular by contributing to a common supervisory culture , ensuring consistent , efficient , and effective application of the legislation referred to in article 1 , preventing regulatory arbitrage , mediating and settling disagreements between competent authorities , ensuring a coherent functioning of colleges of supervisors and taking actions , inter alia , in emergency situations ;