### the protection of the rights and freedoms of data subjects with regard to the processing of personal data require that appropriate technical and organisational measures are taken , both at the time of the design of the processing and at the time of the processing itself , to ensure that the requirements of this regulation are met . in order to ensure and demonstrate compliance with this regulation , the controller should adopt internal policies and implement appropriate measures , which meet in particular the principles of data protection by design and data protection by default . ### the protection of the rights and freedoms of data subjects with regard to the processing of personal data require that appropriate technical and organizational measures are taken , both at the time of the design of the processing and its underlying technologies as well as at the time of the processing itself , to ensure that the requirements of this regulation are met . in order to ensure and demonstrate compliance with this regulation , the controller should adopt internal policies and implement appropriate measures , which meet in particular the principles of data protection by design and data protection by default . data protection by design is the process by which data protection and privacy are integrated in the development of products and services through both technical and organisational measures . data protection by default means that products and services are by default configured in a way that limits the processing and especially the disclosure of personal data . in particular , personal data should not be disclosed to an unlimited number of persons by default .


### in order to maintain security and to prevent processing in breach of this regulation , the controller or processor should evaluate the risks inherent to the processing and implement measures to mitigate those risks . these measures should ensure an appropriate level of security , taking into account the state of the art and the costs of their implementation in relation to the risks and the nature of the personal data to be protected . when establishing technical standards and organisational measures to ensure security of processing , the commission should promote technological neutrality , interoperability and innovation , and , where appropriate , cooperate with third countries . ### in order to maintain security and to prevent processing in breach of this regulation , the controller or processor should evaluate the risks inherent to the processing and implement measures to mitigate those risks . these measures should ensure an appropriate level of security , taking into account the state of the art and the costs of their implementation in relation to the risks and the nature of the personal data to be protected . when establishing technical standards and organisational measures to ensure security of processing , technological neutrality , interoperability and innovation should be promoted , and , where appropriate , third countries should be encouraged .


### associations or other bodies representing categories of controllers should be encouraged to draw up codes of conduct , within the limits of this regulation , so as to facilitate the effective application of this regulation , taking account of the specific characteristics of the processing carried out in certain sectors . ### associations or other bodies representing categories of controllers should be encouraged to draw up codes of conduct , within the limits of this regulation , so as to facilitate the effective application of this regulation , taking account of the specific characteristics of the processing carried out in certain sectors . such codes should make compliance easier for industry .


### in order to enhance transparency and compliance with this regulation , the establishment of certification mechanisms , data protection seals and marks should be encouraged , allowing data subjects to quickly assess the level of data protection of relevant products and services . ### in order to enhance transparency and compliance with this regulation , the establishment of certification mechanisms , data protection seals and marks should be encouraged , allowing data subjects to quickly , reliably and verifiably assess the level of data protection of relevant products and services .


### the commission may decide with effect for the entire union that certain third countries , or a territory or a processing sector within a third country , or an international organisation , offer an adequate level of data protection , thus providing legal certainty and uniformity throughout the union as regards the third countries or international organisations which are considered to provide such level of protection . in these cases , transfers of personal data to these countries may take place without needing to obtain any further authorisation . ### the commission may decide with effect for the entire union that certain third countries , or a territory or a processing sector within a third country , or an international organisation , offer an adequate level of data protection , thus providing legal certainty and uniformity throughout the union as regards the third countries or international organisations which are considered to provide such level of protection . in these cases , transfers of personal data to these countries may take place without needing to obtain any further authorisation . the commission may also decide , having given notice and a complete justification to the third country , to revoke such a decision .


### these derogations should in particular apply to data transfers required and necessary for the protection of important grounds of public interest , for example in cases of international data transfers between competition authorities , tax or customs administrations , financial supervisory authorities , between services competent for social security matters , or to competent authorities for the prevention , investigation , detection and prosecution of criminal offences . ### these derogations should in particular apply to data transfers required and necessary for the protection of important grounds of public interest , for example in cases of international data transfers between competition authorities , tax or customs administrations , financial supervisory authorities , between services competent for social security matters , or to competent authorities for the prevention , investigation , detection and prosecution of criminal offences . transferring personal data for such important grounds of public interest should only be used for occasional transfers . in each and every case , a careful assessment of all circumstances of the transfer needs to be carried out .


### each supervisory authority should be provided with the adequate financial and human resources , premises and infrastructure , which is necessary for the effective performance of their tasks , including for the tasks related to mutual assistance and co - operation with other supervisory authorities throughout the union . ### each supervisory authority should be provided with the adequate financial and human resources , paying particular attention to ensuring adequate technical skills of staff , premises and infrastructure , which is are necessary for the effective performance of their tasks , including for the tasks related to mutual assistance and co - operation with other supervisory authorities throughout the union .


### the general conditions for the members of the supervisory authority should be laid down by law in each member state and should in particular provide that those members should be either appointed by the parliament or the government of the member state , and include rules on the personal qualification of the members and the position of those members . ### the general conditions for the members of the supervisory authority should be laid down by law in each member state and should in particular provide that those members should be either appointed by the parliament or the government of the member state taking due care to minimise the possibility of political interference , and include rules on the personal qualification of the members , the avoidance of conflicts of interest and the position of those members .


### where the processing of personal data in the context of the activities of an establishment of a controller or a processor in the union takes place in more than one member state , one single supervisory authority should be competent for monitoring the activities of the controller or processor throughout the union and taking the related decisions , in order to increase the consistent application , provide legal certainty and reduce administrative burden for such controllers and processors . ### where the processing of personal data in the context of the activities of an establishment of a controller or a processor in the union takes place in more than one member state , one single supervisory authority should be competent for monitoring the activities of the controller or processor throughout the union and taking the related decisions , in order to increase the consistent application , provide legal certainty and reduce administrative burden for such controllers and processors . when carrying out these activities , this supervisory authority should take appropriate steps to cooperate with its counterparts in other member states where there are data subjects likely to be affected by the processing operations , involving the european data protection board where appropriate , including by carrying out joint investigations . appropriate mechanisms should be put in place to ensure that smaller supervisory authorities have the financial , administrative and human resources capacity to deal with any extra burdens that this places on them .


### ' data subject ' means an identified natural person or a natural person who can be identified , directly or indirectly , by means reasonably likely to be used by the controller or by any other natural or legal person , in particular by reference to an identification number , location data , online identifier or to one or more factors specific to the physical , physiological , genetic , mental , economic , cultural or social identity of that person ; ### ' data subject ' means an identified natural person or a natural person who can be identified or singled out , directly or indirectly , by means reasonably likely to be used by the controller or by any other natural or legal person , in particular by reference to an identification number or other unique identifier , location data , online identifier or to one or more factors specific to the gender , physical , physiological , genetic , mental , economic , cultural or social identity or sexual orientation of that person ;


### processing is necessary for the purposes of carrying out the obligations and exercising specific rights of the controller in the field of employment law in so far as it is authorised by union law or member state law providing for adequate safeguards ; or ### processing is necessary for the purposes of carrying out the obligations and exercising specific rights of the controller in the field of employment law in so far as it is authorised by union law or member state law providing for adequate safeguards for the fundamental rights and the interests of the data subject ; or


### processing is necessary for the performance of a task carried out in the public interest , on the basis of union law , or member state law which shall provide for suitable measures to safeguard the data subject ' s legitimate interests ; or ### processing is necessary for the performance of a task carried out in the public interest , on the basis of union law , or member state law which shall provide for suitable measures to safeguard the data subject ' s fundamental rights and legitimate interests ; or


### processing of data relating to criminal convictions or related security measures is carried out either under the control of official authority or when the processing is necessary for compliance with a legal or regulatory obligation to which a controller is subject , or for the performance of a task carried out for important public interest reasons , and in so far as authorised by union law or member state law providing for adequate safeguards . a complete register of criminal convictions shall be kept only under the control of official authority . ### processing of data relating to criminal convictions , criminal offences and matters which have not led to a conviction , or related security measures is carried out either under the control of official authority or when the processing is necessary for compliance with a legal or regulatory obligation to which a controller is subject , or for the performance of a task carried out for important public interest reasons , and in so far as authorised by union law or member state law providing for adequate safeguards for the fundamental rights of the data subject . a complete register of criminal convictions shall be kept only under the control of official authority .


### if the data processed by a controller do not permit the controller to identify a natural person , the controller shall not be obliged to acquire additional information in order to identify the data subject for the sole purpose of complying with any provision of this regulation . ### if the data processed by a controller do not permit the controller to identify a natural person , the controller shall not acquire additional information in order to identify the data subject for the sole purpose of complying with any provision of this regulation .


### the purposes of the processing for which the personal data are intended , including the contract terms and general conditions where the processing is based on point of article 6 and the legitimate interests pursued by the controller where the processing is based on point of article 6 ; ### the specific purposes of the processing for which the personal data are intended as well as information regarding the actual processing of personal data , including the contract terms and general conditions where the processing is based on point of article 6 and the legitimate interests pursued by the controller , as well as the reasons why the controller thinks that this interest overrides the interests or fundamental rights and freedoms of the data subject , where the processing is based on point of article 6 ;


### the data subject shall have the right to obtain from the controller at any time , on request , confirmation as to whether or not personal data relating to the data subject are being processed . where such personal data are being processed , the controller shall provide the following information : ### the data subject shall have the right to obtain from the controller at any time , on request , in clear and plain language , confirmation as to whether or not personal data relating to the data subject are being processed , and as to whether the controller takes measures in respect of the data subject that are based on profiles as referred to in article 20 . this shall also apply to data which only permit singling out , where the data subject can verifiably authentify him / herself . where such personal data are being processed , and / or such measures are taken , the controller shall provide the following information :


### the data subject shall have the right to obtain from the controller the rectification of personal data relating to them which are inaccurate . the data subject shall have the right to obtain completion of incomplete personal data , including by way of supplementing a corrective statement . ### the data subject has the right to obtain from the controller the rectification of personal data relating to them which are inaccurate . the data subject has the right to obtain completion of incomplete personal data , including by way of supplementing a corrective statement .


### the data subject shall have the right to obtain from the controller the erasure of personal data relating to them and the abstention from further dissemination of such data , especially in relation to personal data which are made available by the data subject while he or she was a child , where one of the following grounds applies : ### the data subject has the right to obtain from the controller the erasure of personal data relating to them and the abstention from further dissemination of such data , including in relation to personal data which are made available by the data subject while he or she was a child , where one of the following grounds applies :


### the data subject withdraws consent on which the processing is based according to point of article 6 , or when the storage period consented to has expired , and where there is no other legal ground for the processing of the data ; ### the data subject withdraws consent on which the processing is based according to point of article 6 , or when the storage period consented to has expired , and where there are no other legal grounds for the processing of the data ;


### the data subject shall have the right , where personal data are processed by electronic means and in a structured and commonly used format , to obtain from the controller a copy of data undergoing processing in an electronic and structured format which is commonly used and allows for further use by the data subject . ### the data subject has the right , where personal data are processed by electronic means , to obtain from the controller a copy of data undergoing processing in an electronic , interoperable and structured format which is commonly used and allows for further use by the data subject .


### where the data subject has provided the personal data and the processing is based on consent or on a contract , the data subject shall have the right to transmit those personal data and any other information provided by the data subject and retained by an automated processing system , into another one , in an electronic format which is commonly used , without hindrance from the controller from whom the personal data are withdrawn . ### where the data subject has provided the personal data , the data subject shall have the right to transmit those personal data and any other information provided by the data subject and retained by an automated processing system , into another one , in an electronic format which is commonly used , without hindrance from the controller from whom the personal data are withdrawn .


### the data subject shall have the right to object , on grounds relating to their particular situation , at any time to the processing of personal data which is based on points , and of article 6 , unless the controller demonstrates compelling legitimate grounds for the processing which override the interests or fundamental rights and freedoms of the data subject . ### the data subject has the right to object , on grounds relating to their particular situation , at any time to the processing of personal data which is based on points and of article 6 , unless the controller demonstrates compelling legitimate grounds for the processing which override the interests or fundamental rights and freedoms of the data subject .


### where personal data are processed for direct marketing purposes , the data subject shall have the right to object free of charge to the processing of their personal data for such marketing . this right shall be explicitly offered to the data subject in an intelligible manner and shall be clearly distinguishable from other information . ### where personal data are processed for direct marketing purposes or where processing is based on article 6 , the data subject shall have the right to object free of charge to the processing of their personal data for such marketing . this right shall be explicitly offered to the data subject in an intelligible manner , using clear and plain language , adapted to the data subject , in particular for any information addressed specifically to a child , and shall be clearly distinguishable from other information .


### a systematic and extensive evaluation of personal aspects relating to a natural person or for analysing or predicting in particular the natural person ' s economic situation , location , health , personal preferences , reliability or behaviour , which is based on automated processing and on which measures are based that produce legal effects concerning the individual or significantly affect the individual ; ### a systematic and extensive evaluation of personal aspects relating to a natural person or for analysing or predicting in particular the natural person ' s economic situation , location , health , personal preferences , reliability or behaviour , which is based on automated processing and on which measures are based that produce legal effects concerning the individual or significantly affect the individual , including any further processing operation of the kind referred to in article 20 of this regulation ;


### information on sex life , health , race and ethnic origin or for the provision of health care , epidemiological researches , or surveys of mental or infectious diseases , where the data are processed for taking measures or decisions regarding specific individuals on a large scale ; ### information on sex life , health , race and ethnic origin or for the provision of health care , epidemiological researches , or surveys of mental or infectious diseases , where the data are processed for taking measures or decisions regarding specific individuals ;


### the assessment shall contain at least a general description of the envisaged processing operations , an assessment of the risks to the rights and freedoms of data subjects , the measures envisaged to address the risks , safeguards , security measures and mechanisms to ensure the protection of personal data and to demonstrate compliance with this regulation , taking into account the rights and legitimate interests of data subjects and other persons concerned . ### the assessment shall contain at least a general description of the envisaged processing operations , an assessment of the risks to the rights and freedoms of data subjects , including in particular the risk of discrimination being embedded in or reinforced by the operation , the measures envisaged to address the risks , safeguards , security measures and mechanisms to ensure the protection of personal data and to demonstrate compliance with this regulation , taking into account the rights and legitimate interests of data subjects and other persons concerned .


### the rule of law , relevant legislation in force , both general and sectoral , including concerning public security , defence , national security and criminal law , the professional rules and security measures which are complied with in that country or by that international organisation , as well as effective and enforceable rights including effective administrative and judicial redress for data subjects , in particular for those data subjects residing in the union whose personal data are being transferred ; ### the rule of law , relevant legislation in force , both general and sectoral , including concerning public security , defence , national security and criminal law , as well as the implementation of this legislation , the professional rules and security measures which are complied with in that country or by that international organisation , as well as effective and enforceable rights including effective administrative and judicial redress for data subjects , in particular for those data subjects residing in the union whose personal data are being transferred ;


### where the commission has taken no decision pursuant to article 41 , a controller or processor may transfer personal data to a third country or an international organisation only if the controller or processor has adduced appropriate safeguards with respect to the protection of personal data in a legally binding instrument . ### where the commission has taken no decision pursuant to article 41 , a controller or processor may transfer personal data to a third country or an international organisation only if the controller or processor has adduced appropriate safeguards with respect to the protection of personal data in a legally binding instrument . these safeguards shall , at least , guarantee the observance of the principles of personal data processing as established in article 5 and guarantee data subject rights as established in chapter iii .


### where a transfer is based on contractual clauses as referred to in point of paragraph 2 of this article the controller or processor shall obtain prior authorisation of the contractual clauses according to point of article 34 from the supervisory authority . if the transfer is related to processing activities which concern data subjects in another member state or other member states , or substantially affect the free movement of personal data within the union , the supervisory authority shall apply the consistency mechanism referred to in article 57 . ### the controller or processor shall obtain prior authorisation of the contractual clauses according to point of article 34 from the supervisory authority for transfers according to this article . if the transfer is related to processing activities which concern data subjects in another member state or other member states , or substantially affect the free movement of personal data within the union , the supervisory authority shall apply the consistency mechanism referred to in article 57 .


### expressly confer enforceable rights on data subjects ; ### expressly confer enforceable rights on data subjects and are transparent for data subjects ;


### the commission shall be empowered to adopt delegated acts in accordance with article 86 for the purpose of further specifying the criteria and requirements for binding corporate rules within the meaning of this article , in particular as regards the criteria for their approval , the application of points , , and of paragraph 2 to binding corporate rules adhered to by processors and on further necessary requirements to ensure the protection of personal data of the data subjects concerned . ### the commission shall be empowered to adopt delegated acts in accordance with article 86 for the purpose of further specifying the criteria and requirements for binding corporate rules within the meaning of this article , in particular as regards the criteria for their approval , including transparency for data subjects , the application of points , , and of paragraph 2 to binding corporate rules adhered to by processors and on further necessary requirements to ensure the protection of personal data of the data subjects concerned .


### the public interest referred to in point of paragraph 1 must be recognised in union law or in the law of the member state to which the controller is subject . ### the public interest referred to in point of paragraph 1 must be recognised in union law or in the law of the member state to which the controller is subject . this derogation shall only be used for occasional transfers . in each and every case , a careful assessment of all circumstances of the transfer needs to be carried out .


### member states shall provide that the members of the supervisory authority must be appointed either by the parliament or the government of the member state concerned . ### member states shall provide that the members of the supervisory authority must be appointed by the parliament of the member state concerned .


### advise the commission on any issue related to the protection of personal data in the union , including on any proposed amendment of this regulation ; ### advise the european institutions on any issue related to the protection of personal data in the union , including on any proposed amendment of this regulation ;


### proceedings against a controller or a processor shall be brought before the courts of the member state where the controller or processor has an establishment . alternatively , such proceedings may be brought before the courts of the member state where the data subject has its habitual residence , unless the controller is a public authority acting in the exercise of its public powers . ### proceedings against a controller or a processor can be whether brought before the courts of the member state where the controller or processor has an establishment , or before the courts of the member state where the data subject has its habitual residence , unless the controller is a public authority of a member state acting in the exercise of its public powers .


### any person who has suffered damage as a result of an unlawful processing operation or of an action incompatible with this regulation shall have the right to receive compensation from the controller or the processor for the damage suffered . ### any person who has suffered monetary damage or non - monetary damages such as distress or time loss as a result of an unlawful processing operation or of an action incompatible with this regulation shall have the right to receive compensation from the controller or the processor for the damage suffered .


### where more than one controller or processor is involved in the processing , each controller or processor shall be jointly and severally liable for the entire amount of the damage . ### where more than one controller or processor is involved in the processing , each controller or processor shall be jointly and severally liable for the entire amount of the damage . in the case of a group of undertakings , the entire group shall be liable as a single economic entity .


### within the framework of sustainable urban development , it is considered necessary to support integrated actions to tackle the economic , environmental , climate and social challenges affecting urban areas and to define a procedure to establish the list of cities covered by such actions and the financial allocation set aside for such actions . ### within the framework of sustainable urban development , it is considered necessary to support integrated actions to tackle the economic , environmental , climate , cultural , social , employment and demographic challenges affecting urban and peri - urban areas and to set out , in the operational programmes , functional urban areas covered by such actions and the financial allocation set aside for such actions .


### promoting business r&i investment , product and service development , technology transfer , social innovation and public service applications , demand stimulation , networking , clusters and open innovation through smart specialisation ; ### promoting business r&i investment , product and service development , technology transfer , eco - efficient innovation , social innovation , cultural and creative industries and public service applications , demand stimulation , networking , clusters and open innovation through smart specialisation ;


### with the aim of strengthening trade mark protection and combatting counterfeiting more effectively , the proprietor of a european trade mark should be entitled to prevent third parties from bringing goods into the customs territory of the union without being released for free circulation there , where such goods come from third countries and bear without authorization a trade mark which is essentially identical to the european trade mark registered in respect of such goods . ### with the aim of strengthening the free exchange of goods and services , free competition , equality , consumer choice and the right of access of all to affordable medicines and other goods without over - paying to monopolistic providers , the european union should follow the doha declaration and similar texts which provide for those in need over those with the aims of greed .


### the proprietor of a european trade mark shall also be entitled to prevent all third parties from bringing goods , in the context of commercial activity , into the customs territory of the union without being released for free circulation there , where such goods , including packaging , come from third countries and bear without authorization a trade mark which is identical to the european trade mark registered in respect of such goods , or which cannot be distinguished in its essential aspects from that trade mark . ### the proprietor of a european trade mark shall also be entitled to prevent all third parties from bringing goods , in the context of commercial activity , into the customs territory of the union , if there is direct evidence of third party action to place the goods into the eu stream of commerce and where such goods , including packaging , come from third countries and bear without authorization a trade mark which has been properly registered as such within the european union .


### affixing in the course of trade a sign identical with or similar to the european trade mark on get - up , packaging or other means on which the mark may be affixed ; ### affixing in the course of trade a sign identical with or similar to , as specified in article 8 paragraph 1 of this regulation , the european trade mark on get - up , packaging or other means on which the mark may be affixed ;


### ' volunteer ' means a person who chooses , out of free will and motivation and without a primary concern for financial gain , to engage in activities that benefit the community , him or herself , and society at large . ### ' volunteer ' means a person who chooses , out of free will and motivation and without a primary concern for financial gain , to engage in activities that benefit the community and society at large and possibly additionally him or herself .


### the union shall foster cooperation with relevant international organisation , in particular the united nations , and other humanitarian aid partners in implementation of the actions of the eu aid volunteers . ### the union shall foster cooperation with relevant international organisation , in particular the united nations , and other humanitarian aid partners and stakeholders in the regions in implementation of the actions of the eu aid volunteers .


### the commission shall establish a certification mechanism ensuring that sending organisations comply with the standards referred to in article 9 and a differentiated certification mechanism for hosting organisations . ### the commission shall establish a certification mechanism ensuring that sending organisations comply with the standards referred to in article 9 and a differentiated certification mechanism for hosting organisations . volunteer representatives shall be consulted when updating such mechanisms .


### in carrying out its activities in the southern and eastern mediterranean region , the ebrd should be encouraged to continue its close engagement with the eu and to develop a close cooperation with the eib and other european and international public financing institutions . ### in carrying out its activities in the southern and eastern mediterranean region , the ebrd should be encouraged to increase coherence with the eu financial instruments and to develop a close cooperation with the eib and other european and international public financing institutions .


### if macroeconomic imbalances are identified , recommendations should be addressed to the member state concerned to provide guidance on appropriate policy responses . the policy response of the member state concerned to imbalances should be timely and should use all available policy instruments under the control of public authorities . it should be tailored to the specific environment and circumstances of the member state concerned and cover the main economic policy areas , potentially including fiscal and wage policies , labour markets , product and services markets and financial sector regulation . ### if macroeconomic imbalances are identified by the commission , the member state under review may request that an extraordinary meeting of the competent committee of the european parliament be convened to discuss the outcome of the in - depth review . on the basis of the commission ' s proposal and the public debate in the european parliament , recommendations should be addressed to the member state concerned to provide guidance on appropriate policy responses . if the imbalances are explained by adverse effects of national economic policies of another member state , the latter will have to assume its responsibilities within the framework of a fair burden sharing involving all member states concerned . the policy response of the member states concerned to imbalances should be timely and should use all available policy instruments under the control of public authorities . it should be tailored to the specific environment and circumstances of the member states concerned and cover the main economic policy areas , potentially including fiscal and wage policies , labour markets , product and services markets and financial sector regulation .


### if severe macroeconomic imbalances are identified , including imbalances that jeopardise the proper functioning of economic and monetary union , an excessive imbalance procedure should be initiated that may include issuing recommendations to the member state , enhanced surveillance and monitoring requirements and in respect of member states whose currency is the euro , the possibility of enforcement in accordance with regulation no [ … / … ] 4 in the event of sustained failure to take corrective action . ### if severe macroeconomic imbalances are identified , including imbalances that jeopardise the proper functioning of economic and monetary union , an excessive imbalance procedure should be initiated that may include issuing recommendations to the member states concerned , enhanced surveillance and monitoring requirements and in respect of member states , the possibility of enforcement in accordance with regulation no [ … / … ] 4 in the event of sustained failure to take corrective action .


### any member state placed under the excessive imbalance procedure should establish a corrective action plan setting out details of its policies designed to implement the council recommendations . the corrective action plan should include a timetable for implementation of the measures envisaged . it should be endorsed by the council on a report from the commission . ### any member state placed under the excessive imbalance procedure as well as the member states at the origin of the imbalance , should establish a corrective action plan setting out details of its policies designed to implement the council recommendations . the corrective action plan should include a timetable for implementation of the measures envisaged and an assessment of expected impacts for various income groups to ensure the social fairness of these measures . it should be subject to a consultation of national social partners and get approval of the national parliament before being endorsed by the council on a report from the commission .


### if , on the basis of its in - depth review referred to in article 5 of this regulation , the commission considers that a member state is experiencing imbalances , it shall inform the council accordingly . the council , on a recommendation from the commission , may address the necessary recommendations to the member state concerned , in accordance with the procedure set out in article 121 of the treaty . ### if , on the basis of its in - depth review referred to in article 5 of this regulation , the commission considers that a member state is experiencing imbalances , it shall inform the council accordingly and if the imbalances are related to developments in another member state , the latter member state . the member state under review may request that an extraordinary meeting of the competent committee of the european parliament be convened to discuss the outcome of the in - depth review with the participation of the council . the council , on a recommendation from the commission and taking account of this public debate , may address the necessary recommendations to the member states concerned , in accordance with the procedure set out in article 121 of the treaty .


### the council shall inform the european parliament of its recommendations . the council recommendations shall be made public . ### the council shall inform the european parliament of its recommendations and shall explain how it took into account the public debate where appropriate . the council and the commission recommendations shall be made public .


### any member state for which an excessive imbalance procedure is opened shall submit a corrective action plan to the council and the commission within a deadline to be defined in the recommendations in accordance with article 7 . the corrective action plan shall set out the specific and concrete policy actions the member state concerned has implemented or intends to implement and shall include a timetable for implementation thereof . ### any member state for which an excessive imbalance procedure is opened shall submit a corrective action plan to the council and the commission within a deadline to be defined in the recommendations in accordance with article 7 . prior to the submission to the commission and without prejudice of the subsidiarity principle , the member state shall endeavour to obtain parliamentary approval and consult the social partners . where there has been no such parliamentary approval and no consultation of the social partners , this shall be explicitly specified in the corrective action plan . the corrective action plan shall set out the specific and concrete policy actions the member state concerned has implemented or intends to implement and shall include a timetable for implementation thereof . the correction action plan shall break down expected impacts of these policy actions for various income groups and shall be consistent with broad guidelines of economic policies and employment guidelines .


### national regulatory authorities should be responsible for ensuring that this regulation is enforced in the member states . to this end they should have the necessary investigatory powers to allow them to carry out this task efficiently . ### national regulatory authorities should have a duty to enforce this regulation in the member states . to this end they should have the necessary investigatory powers to allow them to carry out this task efficiently . the agency should also have investigatory powers in strong coordination with the national regulatory authorities concerned and have the power to ensure the consistency of the approach to investigation and subsequent action across the union .


### it is important that the penalties for breaches of this regulation are proportionate and dissuasive , and reflect the gravity of the infringements and the potential gains from trading on the basis of inside information and market manipulation . recognising the interactions between trading in electricity and gas derivative products and trading in actual electricity and gas , the penalties for breaches of this regulation should be in line with the penalties adopted by the member states in implementing directive 2003 / 6 / ec . ### it is important that the penalties for breaches of this regulation are proportionate and dissuasive , and reflect the gravity of the infringements and the potential gains from trading on the basis of inside information and market manipulation . recognising the interactions between trading in electricity and gas derivative products and trading in actual electricity and gas , the penalties for breaches of this regulation should be in line with the penalties adopted by the member states in implementing directive 2003 / 6 / ec . in order to achieve the level of dissuasion required , minimum penalties should therefore be set at two times the total of the direct and indirect potential financial gains resulting from the actions this directive seeks to prevent .


### market participants shall publicly disclose inside information in respect of business or facilities which the participant concerned owns or controls or for which the participant is responsible for operational matters , either in whole or in part . such information shall include information relevant to the capacity of facilities for production , storage , consumption or transmission of electricity or natural gas . ### market participants shall simultaneously , effectively , immediately and publicly disclose inside information in respect of business or facilities which the participant concerned owns or controls or for which the participant is responsible for operational matters , either in whole or in part . such information shall include information relevant to the capacity of facilities for production , storage , consumption or transmission of electricity or natural gas .


### the agency shall monitor trading activity in wholesale energy products to detect and prevent trading based on inside information and market manipulation . it shall collect the data for assessing and monitoring wholesale energy markets as provided for in article 7 . ### the agency shall monitor trading activity in wholesale energy products , emission allowance certificates and oil and coal markets to detect and prevent trading based on inside information and market manipulation , as well as to analyse links between such trading and the events occurring in the related energy product markets . it shall collect the data for assessing and monitoring wholesale energy markets as provided for in article 7 .


### the agency shall be provided with a record of wholesale energy market transactions , including orders to trade . the commission shall adopt delegated acts in accordance with article 15 and subject to conditions of articles 16 and 17 , laying down the timing , form and content in which this information is reported and , where appropriate , defining thresholds for the reporting of transactions as well as specifying types of contracts for which transactions shall be reported . ### the agency shall be provided timely and directly with a record of wholesale energy market transactions , including orders to trade . for the purpose of monitoring trading in wholesale energy markets , such collected data should enable the agency to identify market abuses and to monitor the development of conditions under which market abuses are more likely or dangerous . the commission shall adopt delegated acts in accordance with article 15 and subject to conditions of articles 16 and 17 , laying down the timing , form and content in which this information is reported and , where appropriate , defining thresholds for the reporting of transactions as well as specifying types of contracts for which transactions shall be reported .


### national regulatory authorities shall ensure that the prohibitions set out in articles 3 and 4 are applied . ### national regulatory authorities shall ensure with the support of the agency that the prohibitions set out in articles 3 and 4 are applied .


### each member state shall ensure that national regulatory authorities have the investigatory powers necessary for the exercise of this function . these powers shall be exercised in a proportionate manner . these powers may be exercised : ### each member state shall ensure that national regulatory authorities have the investigatory powers necessary for the exercise of this function with the support of the agency . these powers shall be exercised in a proportionate manner . these powers may be exercised :


### national regulatory authorities shall cooperate with the agency and with each other for the purpose of carrying out their duties in accordance with this regulation . ### national regulatory authorities shall cooperate with the agency and with each other for the purpose of carrying out their duties in accordance with this regulation . this cooperation can also take the form of regional cooperation of national regulatory authorities within the structure of the agency in order to reflect market realities .


### where a national regulatory authority suspects that acts which affect wholesale energy markets or the price of wholesale energy products in that member state are being carried out in another member state , it may request the agency to take measures in accordance with paragraph 4 . ### where a national regulatory authority suspects , or initial assessments and analysis by the agency suggest that acts which affect wholesale energy markets or the price of wholesale energy products in that member state are being carried out in another member state , the national regulatory authority shall request the agency to take measures in accordance with paragraph 4 .


### prepare reports in the employment field , at the request of either the council , or the commission or on its own initiative . ### prepare reports in the employment field , at the request of the council , the commission , the european parliament or on its own initiative .


### the network shall cooperate with labour market stakeholders including other providers of employment services by involving them in relevant activities and meetings of the network and by exchanging information and data . ### the network shall cooperate with labour market stakeholders , including other providers of employment services and organisations representing unemployed persons or vulnerable groups , by involving them in relevant activities and meetings of the network and by exchanging information and data .


### the sst support programme should also be complementary to existing mitigation measures such as the united nations guidelines for space debris mitigation or other initiatives , such as the union proposal for an international code of conduct on outer space activities . ### the sst support programme should also be complementary to existing mitigation measures such as the united nations guidelines for space debris mitigation or other initiatives , and be consistent with the union proposal for an international code of conduct on outer space activities .


### civil - military ssa user requirements were defined in the commission staff working paper ‘ european space situational awareness high - level civil - military user requirements’14 endorsed by the member states in the political and security committee of the council on 18 november 201115 . the provision of sst services should serve only civilian purposes . purely military requirements should not be addressed by this decision . __________________ 14 sec 1247 final , 12 . 10 . 2011 . 15 council document 15715 / 11 , 24 . 10 . 2011 . ### civil - military ssa user requirements were defined in the commission staff working paper ‘ european space situational awareness high - level civil - military user requirements’14 endorsed by the member states in the political and security committee of the council on 18 november 201115 . the provision of sst services should serve only civilian purposes . purely military requirements should not be addressed by this decision . as all european union structures , institutions and policies which rely on space based assets , the common security and defence policy european defence agency will profit from the provision of effective sst services but both have no pro - active role in the implementation of this directive . __________________ 14 sec 1247 final , 12 . 10 . 2011 . 15 council document 15715 / 11 , 24 . 10 . 2011 .


### the internet has developed over the past decades as an open platform for innovation with low access barriers for end - users , content and application providers and internet service providers . the existing regulatory framework aims at promoting the ability of end - users to access and distribute information or run applications and services of their choice . recently , however , the report of the body of european regulators for electronic communications on traffic management practices published in may 2012 and a study , commissioned by the executive agency for consumers and health and published in december 2012 , on the functioning of the market of internet access and provision from a consumer perspective , showed that a significant number of end - users are affected by traffic management practices which block or slow down specific applications . these tendencies require clear rules at the union level to maintain the open internet and to avoid fragmentation of the single market resulting from individual member states ' measures . ### the internet has developed over the past decades as an open platform for innovation with low access barriers for end - users , content and application providers and internet service providers . fundamentally equal treatment and non - discrimination in forwarding data packages , irrespective of content , service , application , origin or destination , must be safeguarded by law throughout the eu , to provide a lasting guarantee that all internet users can in principle access or provide all online content , services or applications . access network operators are under a general obligation to forward data packages while providing users with transfer services of suitable quality and constantly adapted to technological progress , regardless of the origin , destination or nature of the content , services and applications to be transferred . the open and non - discriminatory nature of the internet is the key to stimulating innovation and economic efficiency . these essential characteristics help ensure freedom and diversity of expression in the media and in the cultural sector . the existing regulatory framework aims at promoting the ability of end - users to access and distribute information or run applications and services of their choice . recently , however , the report of the body of european regulators for electronic communications on traffic management practices published in may 2012 and a study , commissioned by the executive agency for consumers and health and published in december 2012 , on the functioning of the market of internet access and provision from a consumer perspective , showed that a significant number of end - users are affected by traffic management practices which block or slow down specific applications . these tendencies require clear rules at the union level to maintain the open internet and to avoid fragmentation of the single market resulting from individual member states ' measures . an open internet operating exclusively on the best - effort principle should not be impaired or restricted by the development of other products and 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 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 quality parameters . for the provision of specialised services in closed networks , it is necessary that content , applications and service providers have the opportunity to negotiate such a specific quality of service levels with providers of electronic communications to the public for a limited group of users . this is expected to play an important role in the development of new services such as machine - to - machine communications . special services must neither impair open internet access service quality nor be marketed or used as an internet substitute . they are admissible only if there is a manifest technical and de facto need , over and above economic self - interest , to be able to supply real - time critical applications of a particular quality . if special services are offered or marketed by access network providers , they are also under the obligation to provide an open internet access service as referred to in recital . all open internet services are subject to the best - effort principle .


### ‘ internet access service’ means a publicly available electronic communications service that provides connectivity to the internet , and thereby connectivity between virtually all end points connected to the internet , irrespective of the network technology used ; ### ' internet access service ' means a publicly available electronic communications service that provides connectivity to the internet , and thereby connectivity between virtually all end points connected to the internet , irrespective of the network technology used ; the member states shall impose reasonable minimum requirements in respect of internet access service quality , which must be constantly adapted to technological progress ; an internet access service enables end - users to use any internet - based application in accordance with the best effort principle ; the only permissible derogation from this principle is proportional and justified traffic management where the conditions for its use are clearly defined ;


### ‘ 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 or any other service provided and operated only within a closed , electronic communications networks and not marketed or used as an internet substitute or functionally identical to open internet content , applications or services . a special service shall only be only admissible if there is a manifest technical and de facto need , over and above economic self - interest , for particular real - time critical applications or applications requiring special safeguards which meet particular quality criteria .


### 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 . ### 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 . special 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 .


### regional fisheries management organisations are increasingly addressing the issue of shark finning and their scientific bodies are showing preference for the landing of sharks with their fins naturally attached to the body . ### regional fisheries management organisations are increasingly addressing the issue of shark finning and their scientific bodies are showing preference for the landing of sharks with their fins naturally attached to the body . the annual resolutions on sustainable fisheries issued by united nations general assembly since 2007 , the 2008 iucn ' s global policy against shark finning and the 2010 meeting of the fish stocks agreement review conference have called upon nations to take measures to require that all sharks be landed with their fins naturally attached .


### where fishing vessels flying the flag of a member state catch , retain on board , tranship or land sharks , the flag member state shall send to the commission , by 1 may at the latest , a comprehensive annual report on the implementation of this regulation during the previous year . the report shall describe the monitoring of compliance of vessels with the regulation , and the enforcement measures taken by member states in cases of non - compliance . in particular , the following information shall be provided : ### where fishing vessels flying the flag of a member state catch , retain on - board , tranship or land sharks , the flag member state shall , in accordance with regulations n&#186 ; 1224 / 2009 establishing a community control system for ensuring compliance with the rules of the common fisheries policy and n&#186 ; 404 / 2011 laying down detailed rules for the implementation of the above regulation , send to the commission , by 1 may at the latest , a comprehensive annual report on the implementation of this regulation during the previous year . the report shall describe the monitoring of compliance with the regulation of vessels in the eu and non - eu waters , and the enforcement measures taken by member states in cases of non - compliance . in particular , the following information shall be provided :


### the information shall be written in a way that is readily understood by a lay person . ### the information shall be written in a way that is readily understood by a lay person . this information shall be supplied to the patient at the time of consent , before the device is implanted . the patients need to know that implants are not permanent and may need to be replaced or removed ; patients also need to be informed about the quality of implants and the potential risks associated with them .


### to enable the public to be adequately informed about devices placed on the market , about the corresponding certificates issued by notified bodies and about the relevant economic operators ; ### to enable the public to be adequately informed about devices placed on the market as well as devices removed from the market , about the corresponding certificates issued by notified bodies and about the relevant economic operators ;


### at least once a year , the national authority responsible for notified bodies shall assess whether each notified body under its responsibility still satisfies the requirements set out in annex vi . this assessment shall include an on - site visit to each notified body . ### at least once a year , the national authority responsible for notified bodies shall assess whether each notified body under its responsibility still satisfies the requirements set out in annex vi . this assessment shall include an unannounced on - site visit to each notified body .


### manufacturers of devices classified as class iia , other than custom - made or investigational devices , shall be subject to a conformity assessment based on full quality assurance as specified in annex viii , except for its chapter ii , with assessment of the design documentation within the technical documentation on a representative basis . alternatively , the manufacturer may choose to draw up the technical documentation set out in annex ii coupled with a conformity assessment based on product conformity verification as specified in section 7 of part a or section 8 of part b of annex x . ### manufacturers of devices classified as class iia , other than custom - made or investigational devices , shall be subject to a conformity assessment based on full quality assurance as specified in annex viii , except for its chapter ii , with assessment of the prototype and the design documentation within the technical documentation on a representative basis . alternatively , the manufacturer may choose to draw up the technical documentation set out in annex ii coupled with a conformity assessment based on product conformity verification as specified in section 7 of part a or section 8 of part b of annex x .


### where a member state , after having performed an evaluation which indicates a potential risk related to a device or a specific category or group of devices considers that the making available on the market or putting into service of such device or specific category or group of devices should be prohibited , restricted or made subject to particular requirements or that such device or category or group of devices should be withdrawn from the market or recalled in order to protect the health and safety of patients , users or other persons or other aspects of public health , it may take any necessary and justified provisional measures . ### where a member state , after having performed an evaluation which indicates a potential risk related to a device or a specific category or group of devices considers that the making available on the market or putting into service of such device or specific category or group of devices should be prohibited , restricted or made subject to particular requirements or that such device or category or group of devices should be withdrawn from the market or recalled in order to protect the health and safety of patients , users or other persons or other aspects of public health , it shall take any necessary and justified provisional measures .


### for proceedings initiated pursuant to article 5 , an investigation shall , whenever possible , be concluded within one year . in any event , such investigations shall in all cases be concluded within 15 months of initiation , in accordance with the findings made pursuant to article 8 for undertakings or the findings made pursuant to article 9 for definitive action . ### in article 6 , paragraph 9 is replaced by the following : 9 . for proceedings initiated pursuant to article 5 , an investigation shall , whenever possible , be concluded within nine months . in any event , such investigations shall in all cases be concluded within 12 months of initiation , in accordance with the findings made pursuant to article 8 for undertakings or the findings made pursuant to article 9 for definitive action .


### for proceedings initiated pursuant to article 10 , an investigation shall , whenever possible , be concluded within one year . in any event , such investigations shall in all cases be concluded within 13 months of their initiation , in accordance with the findings made pursuant to article 13 for undertakings or the findings made pursuant to article 15 for definitive action . ### in article 11 , paragraph 9 is replaced by the following : ‘ 9 . for proceedings initiated pursuant to article 10 , an investigation shall , whenever possible , be concluded within nine months . in any event , such investigations shall in all cases be concluded within 10 months of their initiation , in accordance with the findings made pursuant to article 13 for undertakings or the findings made pursuant to article 15 for definitive action . ’


### the amount of the provisional anti - dumping duty shall not exceed the margin of dumping as provisionally established . unless structural raw material distortions were found to exist with regard to the product concerned in the exporting country , it should be less than the margin of dumping if such lesser duty would be adequate to remove the injury to the union industry . ### the amount of the provisional anti - dumping duty shall not exceed the margin of dumping as provisionally established . unless structural raw material distortions were found to exist with regard to the product concerned in the exporting country , it should be less than the margin of dumping if such lesser duty would be adequate to remove the injury to the union industry . in case of structural distortions pertaining to raw materials and energy , the lesser duty rule shall always apply in case of least - developed countries , as listed in annex iv to regulation no 978 / 2012 of the european parliament and of the council , or in case of developing countries considered to be vulnerable due to lack of diversification and insufficient integration within the international trading system and in the world economy as defined in annex vii of the regulation no 978 / 2012 .


### the amount of the provisional anti - dumping duty shall not exceed the margin of dumping as provisionally established . unless structural raw material distortions were found to exist with regard to the product concerned in the exporting country , it should be less than the margin of dumping if such lesser duty would be adequate to remove the injury to the union industry . ### the amount of the provisional anti - dumping duty shall not exceed the margin of dumping as provisionally established , but it should be less than the margin if such lesser duty would be adequate to remove the injury to the community industry . 2b ) such a lesser duty shall not apply in any of the following circumstances : - structural distortions or significant state interferences regarding , inter alia , prices , costs and inputs , including for instance raw materials and energy , research and labour , outputs , sales and investments , currency exchange rate and fair trade finance conditions , were found to exist with regard to the product concerned in the exporting country ; - the exporting country does not have a sufficient level of social and environmental standards , where sufficient levels are determined on the basis of the ratification and effective implementation by the third country of multilateral environmental agreements , and protocols thereunder , the eu is party to at any point in time and of ilo conventions listed in annex i ; - the complainant represents a diverse and fragmented industry , largely composed of small - and - medium - sized enterprises ; - the investigation or a separate anti - subsidy investigation has established at least provisionally that the exporting country provides one or more subsidies to exporting producers of the product concerned . 2 c ) however , such a lesser duty shall always be granted when structural raw materials distortions are found to exist with regard to the product concerned in the exporting country and such country is a least - developed country listed in annex iv to regulation no 978 / 2012 of the european parliament and of the council .


### the amount of the anti - dumping duty shall not exceed the margin of dumping established . unless structural raw material distortions were found to exist with regard to the product concerned in the exporting country , it shall be less than the margin of dumping if such lesser duty would be adequate to remove the injury to the union industry . ### the amount of the anti - dumping duty shall not exceed the margin of dumping established . unless structural raw material distortions were found to exist with regard to the product concerned in the exporting country , it shall be less than the margin of dumping if such lesser duty would be adequate to remove the injury to the union industry . in case of structural distortions pertaining to raw materials and energy , the lesser duty rule shall always apply in case of least - developed countries , as listed in annex iv to regulation no 978 / 2012 of the european parliament and of the council , or in case of developing countries considered to be vulnerable due to lack of diversification and insufficient integration within the international trading system and in the world economy as defined in annex vii of the regulation no 978 / 2012 .


### the amount of the anti - dumping duty shall not exceed the margin of dumping established . unless structural raw material distortions were found to exist with regard to the product concerned in the exporting country , it shall be less than the margin of dumping if such lesser duty would be adequate to remove the injury to the union industry . ### the amount of the anti - dumping duty shall not exceed the margin of dumping established but it should be less than the margin if such lesser duty would be adequate to remove the injury to the community industry . 2 b ) such a lesser duty shall not apply in any of the following circumstances : - structural distortions or significant state interferences regarding , inter alia , prices , costs and inputs , including for instance raw materials and energy , research and labour , outputs , sales and investments , currency exchange rate and fair trade finance conditions , were found to exist with regard to the product concerned in the exporting country ; - the exporting country does not have a sufficient level of social and environmental standards , where sufficient levels are determined on the basis of the ratification and effective implementation by the third country of multilateral environmental agreements , and protocols thereunder , the eu is party to at any point in time and of ilo conventions listed in annex i ; - the complainant represents a diverse and fragmented industry , largely composed of small - and - medium - sized enterprises ; - the investigation or a separate anti - subsidy investigation has established that the exporting country provides one or more subsidies to exporting producers of the product concerned . 2 c ) however , such a lesser duty shall always be granted when structural raw materials distortions are found to exist with regard to the product concerned in the exporting country and such country is a least - developed country listed in annex iv to regulation no 978 / 2012 of the european parliament and of the council .


### upon condition that a provisional affirmative determination of dumping and injury has been made , the commission may accept satisfactory voluntary undertaking offers submitted by any exporter to revise its prices or to cease exports at dumped prices , if , after specific consultation of the advisory committee , it is satisfied that the injurious effect of the dumping is thereby eliminated . in such a case and as long as such undertakings are in force , provisional duties imposed by the commission in accordance with article 7 or definitive duties imposed by the council in accordance with article 9 as the case may be shall not apply to the relevant imports of the product concerned manufactured by the companies referred to in the commission decision accepting undertakings , as subsequently amended . price increases under such undertakings shall not be higher than necessary to eliminate the margin of dumping and they should be less than the margin of dumping if such increases would be adequate to remove the injury to the community industry . ### article 8 shall be replaced by the following : upon condition that a provisional affirmative determination of dumping and injury has been made , the commission may accept voluntary undertaking offers submitted by any exporter to revise its prices or to cease exports at dumped prices , after specific consultation of the advisory committee , provided that such offers effectively eliminate the injurious effect of the dumping . in such a case and as long as such undertakings are in force , provisional duties imposed by the commission in accordance with article 7 or definitive duties imposed by the council in accordance with article 9 as the case may be shall not apply to the relevant imports of the product concerned manufactured by the companies referred to in the commission decision accepting undertakings , as subsequently amended . price increases under such undertakings shall not be higher than necessary to eliminate the margin of dumping and they should be less than the margin of dumping if such increases would be adequate to remove the injury to the union industry , except when : - structural distortions or significant state interferences regarding , inter alia , prices , costs and inputs , including for instance raw materials and energy , research and labour , outputs , sales and investments , currency exchange rate and fair trade finance conditions , were found to exist with regard to the product concerned in the exporting country ; - the exporting country does not have a sufficient level of social and environmental standards , where sufficient levels are determined on the basis of the ratification and effective implementation by the third country of the multilateral environmental agreements , and protocols thereunder , the eu is party to at any point in time and of ilo conventions listed in annex i ; - the complainant represents a diverse and fragmented industry , largely composed of small - and - medium - sized enterprises ; - the investigation or a separate anti - subsidy investigation has established that the exporting country provides one or more subsidies to exporting producers of the product concerned . however , the lesser duty shall always be granted when structural raw materials distortions are found to exist with regard to the product concerned in the exporting country and such country is a least - developed country listed in annex iv to regulation no 978 / 2012 of the european parliament and of the council .


### parties which offer an undertaking shall be required to provide a non - confidential version of such undertaking , so that it may be made available to interested parties to the investigation . ### article 8 shall be replaced by the following : 4 . parties which offer an undertaking shall be required to provide a meaningful non - confidential version of such undertaking , including disclosure of its content and nature , so that it may be made available to interested parties to the investigation . the commission shall also share such non - confidential version of the undertaking with the european parliament and the council .


### parties which offer an undertaking shall be required to provide a non - confidential version of such undertaking , so that it may be made available to interested parties to the investigation . ### article 13 shall be replaced by the following : 4 . parties which offer an undertaking shall be required to provide a meaningful non - confidential version of such undertaking , including disclosure of its content and nature , so that it may be made available to interested parties to the investigation . the commission shall also share such non - confidential version of the undertaking with the european parliament and the council .


### the commission may , after consultation of the advisory committee , direct the customs authorities to take the appropriate steps to register imports , so that measures may subsequently be applied against those imports from the date of such registration . imports may be made subject to registration following a request from the community industry which contains sufficient evidence to justify such action . registration shall be introduced by regulation which shall specify the purpose of the action and , if appropriate , the estimated amount of possible future liability . imports shall not be made subject to registration for a period longer than nine months . ### article 14 shall be replaced by the following : 5 . the commission may , after consultation of the advisory committee , direct the customs authorities to take the appropriate steps to register imports , so that measures may subsequently be applied against those imports from the date of such registration . imports shall be made subject to registration following a request from the community industry which contains sufficient evidence to justify such action . imports may also be made subject to registration on the commission ' s own initiative . imports shall be made subject to registration from the date of initiation of the investigation where the complaint of the community industry contains a request for registration and sufficient evidence to justify such action . registration shall be introduced by regulation which shall specify the purpose of the action and , if appropriate , the estimated amount of possible future liability . imports shall not be made subject to registration for a period longer than nine months .


### the commission may , after consultation of the advisory committee , direct the customs authorities to take the appropriate steps to register imports , so that measures may subsequently be applied against those imports from the date of such registration . imports may be made subject to registration following a request from the community industry which contains sufficient evidence to justify such action . registration shall be introduced by regulation which shall specify the purpose of the action and , if appropriate , the estimated amount of possible future liability . imports shall not be made subject to registration for a period longer than nine months . ### article 24 shall be replaced by the following : 5 . the commission may , after consultation of the advisory committee , direct the customs authorities to take the appropriate steps to register imports , so that measures may subsequently be applied against those imports from the date of such registration . imports shall be made subject to registration following a request from the community industry which contains sufficient evidence to justify such action . imports may also be made subject to registration on the commission ' s own initiative . imports shall be made subject to registration from the date of initiation of the investigation where the complaint of the community industry contains a request for registration and sufficient evidence to justify such action . registration shall be introduced by regulation which shall specify the purpose of the action and , if appropriate , the estimated amount of possible future liability . imports shall not be made subject to registration for a period longer than nine months .


### upon condition that a provisional affirmative determination of subsidisation and injury has been made , the commission may accept satisfactory voluntary undertakings offers under which : the country of origin and / or export agrees to eliminate or limit the subsidy or take other measures concerning its effects ; or any exporter undertakes to revise its prices or to cease exports to the area in question as long as such exports benefit from countervailable subsidies , so that the commission , after specific consultation of the advisory committee , is satisfied that the injurious effect of the subsidies is thereby eliminated . in such a case and as long as such undertakings are in force , the provisional duties imposed by the commission in accordance with article 12 and the definitive duties imposed by the council in accordance with article 15 shall not apply to the relevant imports of the product concerned manufactured by the companies referred to in the commission decision accepting undertakings and in any subsequent amendment of such decision . price increases under such undertakings shall not be higher than is necessary to offset the amount of countervailable subsidies , and should be less than the amount of countervailable subsidies if such increases would be adequate to remove the injury to the community industry ### article 13 is amended as follows : upon condition that a provisional affirmative determination of subsidisation and injury has been made , the commission may accept voluntary undertakings offers under which : the country of origin and / or export agrees to eliminate or limit the subsidy or take other measures concerning its effects ; or any exporter undertakes to revise its prices or to cease exports to the area in question as long as such exports benefit from countervailable subsidies , provided that the commission , after specific consultation of the advisory committee , has determined that the injurious effect of the subsidies is thereby effectively eliminated . in such a case and as long as such undertakings are in force , the provisional duties imposed by the commission in accordance with article 12 and the definitive duties imposed by the council in accordance with article 15 shall not apply to the relevant imports of the product concerned manufactured by the companies referred to in the commission decision accepting undertakings and in any subsequent amendment of such decision . the lesser duty rule shall not apply to prices agreed under such undertakings in the framework of anti - subsidy proceedings .


### citizens should be able to exercise fully the rights deriving from the citizenship of the union . they should be able to exercise their right to move and reside freely in the union , their right to vote for and stand as a candidate in european parliament and municipal elections , their right to consular protection and their right to petition the european parliament . they should feel at ease about living , travelling and working in another member state , trusting that their rights are protected , no matter where in the union they happen to be . ### citizens should be able to exercise fully the rights deriving from the citizenship of the union and from international conventions that the eu has acceded to . they should be able to exercise their right to move and reside freely in the union , their right to vote for and stand as a candidate in european parliament and municipal elections , their right to consular protection and their right to petition the european parliament . they should feel at ease about living , travelling , working studying and volunteering in another member state , trusting that their rights are protected , no matter where in the union they happen to be , and that access for persons with disabilities on an equal basis with others is ensured .


### non - discrimination based on sex , racial or ethnic origin religion or belief , disability , age or sexual orientation and equality between women and men are values common to the member states . combating all forms of discrimination is an ongoing goal which requires coordinated action , including by the allocation of funding . ### pursuant to articles 2 and 3 teu , articles 8 , 10 , 18 and 19 tfeu and article 21 of the charter , the union should take effective action to combat discrimination based on any grounds such as sex , gender identity , racial or ethnic origin , language , nationality or membership of a national minority , religion or belief , disability , age or sexual orientation and ensure equality between women and men , as well as the protection of the rights of persons with disabilities as an obligation derived from the accession of the union to the un convention on the rights of persons with disabilities . mainstreaming equality and building an inclusive society by combating all forms of discrimination , intolerance and hatred , promoting tolerant and inclusive workplaces and recognising the rights of all to be treated with dignity within the workplace and society in general are ongoing goals which require coordinated action , including by the allocation of sufficient funding . pursuant to articles 2 and 3 teu and article 8 tfeu , equality between women and men is a fundamental value and objective of the eu and the eu should promote gender equality in all its activities . equality between women and men is also enshrined in article 23 of the charter of fundamental rights of the european union . promoting gender equality across the eu is done through a dual approach of specific actions and effective gender mainstreaming in both policies and budgetary allocations .


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


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


### to empower consumers and businesses to trade and purchase in trust within the internal market by enforcing the rights deriving from the union consumer legislation and by supporting the freedom to conduct business in the internal market through cross–border transactions . ### to empower citizens to enforce their rights to the freedom to move and reside freely , work , study , volunteer and conduct business within the internal market .


### to empower consumers and businesses to trade and purchase in trust within the internal market by enforcing the rights deriving from the union consumer legislation and by supporting the freedom to conduct business in the internal market through cross - border transactions . ### to empower citizens to enforce their rights to the freedom to move and reside freely , work , study , volunteer and conduct business within the internal market .


### training activities , such as staff exchanges , workshops , seminars , train - the - trainers events , development of online / other training modules ; ### training activities , such as staff exchanges , workshops , seminars , train - the - trainers events or individualised training in the work place , development of online / other training modules available to the entire workforce , including volunteers . these activities should include a gender dimension and an anti - discrimination perspective .


### training activities , such as staff exchanges , workshops , seminars , train - the - trainers events , development of online / other training modules ; ### training activities , such as staff exchanges , workshops , seminars , train - the - trainers events or individualised training in the work place , development of online / other training modules available to the entire workforce , including volunteers ; these activities should include a gender dimension and an anti - discrimination perspective ;


### support for main actors , such as support for member states when implementing union law and policies ; support for key european level networks whose activities are linked to the implementation of the objectives of the programme ; networking among specialised bodies and organisations , national , regional and local authorities at european level ; funding of experts ' networks ; funding of european level observatories . ### support for main actors when implementing union law and policies ; support for key european level networks whose activities are linked to the implementation of the objectives of the programme ; support with action grants and operating grants and running costs for ngos or other organisations pursuing the objectives of the programme ; networking among specialised bodies and organisations , national , regional and local authorities at european level ; funding of experts ' networks , cross border and interregional cooperation , and funding of european level observatories


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


### 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 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 .


### national regulatory authorities play an essential role in ensuring that end - users are effectively able to exercise this freedom to avail of open internet access . to this end national regulatory authorities should have monitoring and reporting obligations , and ensure compliance of providers of electronic communications to the public and the availability of non - discriminatory internet access services of high quality which are not impaired by specialised services . in their assessment of a possible general impairment of internet access services , national regulatory authorities should take account of quality parameters such as timing and reliability parameters , levels and effects of congestion in the network , actual versus advertised speeds , performance of internet access services compared with specialised services , and quality as perceived by end - users . national regulatory authorities should be empowered to impose minimum quality of service requirements on all or individual providers of electronic communications to the public if this is necessary to prevent general impairment / degradation of the quality of service of internet access services . ### national regulatory authorities play an essential role in ensuring that end - users are effectively able to exercise this freedom to avail of open internet access . to this end national regulatory authorities should have monitoring and reporting obligations , and ensure compliance of providers of electronic communications to the public and the availability of non - discriminatory internet access services of high quality . in their assessment of a possible general impairment of internet access services , national regulatory authorities should take account of quality parameters such as timing and reliability parameters , levels and effects of congestion in the network , actual versus advertised speeds and quality as perceived by end - users . national regulatory authorities should be empowered to impose minimum quality of service requirements on all or individual providers of electronic communications to the public if this is necessary to prevent general impairment / degradation of the quality of service of internet access services .