### the powers to adopt the delegated acts referred to in this regulation shall be conferred on the commission for an indeterminate period of time . as soon as it adopts a delegated act , the commission shall notify it simultaneously to the european parliament and to the council . ### the power to adopt delegated acts is conferred on the commission subject to the conditions laid down in this article . 2 . the delegation of power referred to in article 1 shall be conferred on the commission for a period of five years from . . . * . the commission shall draw up a report in respect of the delegated power no later than nine months before the end of the five - year period . the delegation of power shall be tacitly extended for periods of an identical duration , unless the european parliament or the council opposes such extension not later than three months before the end of each period . 3 . the delegation of power referred to in article 1 may be revoked at any time by the european parliament or by the council . the decision of revocation shall put an end to the delegation of the power specified in that decision . it shall take effect on the day following that of the publication of the decision in the official journal of the european union or on a later date specified therein . it shall not affect the validity of any delegated acts already in force . 4 . as soon as it adopts a delegated act , the commission shall notify it simultaneously to the european parliament and to the council . 5 . a delegated act adopted under this article shall enter into force only if no objection has been expressed either by the parliament or the council within a period of two months of notification of that act to the european parliament and the council or if the european parliament and the council have both informed the commission that they will not object . that period shall be extended by two months at the initiative of the european parliament or the council . *oj please insert the date of entry into force of this regulation


### the commission shall , where necessary , by means of implementing acts in accordance with the procedure referred to in article 42d of regulation no 1290 / 2005 , adopt the provisions aiming at reaching a uniform application of this regulation in the union , in particular relating to the following : the coordination of joint actions referred to in article 7 ; details and specifications regarding the content , form and way of submission of requests , the content , form and way of notification and the submission in exchange of information required in the framework of this regulation conditions and means of publication or specific rules and conditions for the diffusion of making available by the commission to the competent authorities of the member states of the information needed in the framework of this regulation . ### the commission shall by means of implementing acts adopt the specific provisions relating to the following : the coordination of joint actions referred to in article 7 ; details and specifications regarding the content , form and way of submission of requests , the content , form and way of notification and the submission in exchange of information required in the framework of this regulation conditions and means of publication or specific rules and conditions for the diffusion of making available by the commission to the competent authorities of the member states of the information needed in the framework of this regulation . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 13e .


### the measures provided in this directive reflect a temporary difficulty faced by the manufacturing sector . they should therefore be restricted to the transition from stage iii a to stage iii b and expire by 31 december 2013 at the latest . ### the measures provided in this directive reflect a temporary difficulty faced by the manufacturing sector . they should therefore be restricted to the transition from stage iii a to stage iii b and expire by 31 december 2013 at the latest . taking into account the special characteristics of the uk network and the additional time and cost of developing stage iii b solutions , the expiry date in respect of the uk should be 31 december 2015 .


### 4 as regards engines for use in propulsion of locomotives , during the transition period between stage iii a and stage iii b an oem may seek permission for his engine suppliers to place on the market a maximum of 12 engines for use in propulsion of locomotives under the flexibility scheme . ### 4 as regards engines for use in propulsion of locomotives , during the transition period between stage iii a and stage iii b an oem may seek permission for his engine suppliers to place on the market a maximum of 40 engines for use in propulsion of locomotives under the flexibility scheme , of which at least 20 shall be designed to be capable of operating on the uk rail network .


### numerous union acts have been adopted since the adoption of directive 2000 / 60 / ec , which constitute emission control measures in accordance with article 16 of that directive for individual priority substances . moreover , many environmental protection measures fall under the scope of other existing union legislation . therefore , priority should be given to implementing and revising existing instruments rather than establishing new controls . the inclusion of a substance in annex x to directive 2000 / 60 / ec is without prejudice to the application of the provisions of regulation no 1107 / 2009 of the european parliament and of the council of 21 october 2009 concerning the placing of plant protection products on the market and repealing council directives 79 / 117 / eec and 91 / 414 / eec . ### numerous union acts have been adopted since the adoption of directive 2000 / 60 / ec , which constitute emission control measures in accordance with article 16 of that directive for individual priority substances . moreover , many environmental protection measures fall under the scope of other existing union legislation . therefore , priority should be given to implementing and revising existing instruments rather than establishing new controls . the report on the outcome of the regular review of annex x to directive 2000 / 60 / ec provided for in article 16 of that directive should review the measures adopted at the union level and in member states and assess whether those measures achieve the quality standards for the priority substances or the cessation objective for the priority hazardous substances . the commission should accompany this report , if appropriate , with relevant proposals on concrete measures for the achievement of the quality standards and the cessation objective along with intermediate timetables . the inclusion of a substance in annex x to directive 2000 / 60 / ec is without prejudice to the application of the provisions of regulation no 1107 / 2009 of the european parliament and of the council of 21 october 2009 concerning the placing of plant protection products on the market and repealing council directives 79 / 117 / eec and 91 / 414 / eec .


### the watch list shall contain no more than 25 substances or groups of substances at any given time and shall indicate the monitoring matrix for each substance . the substances shall be selected from among those for which the available information indicates that they may pose a significant risk at union level to or via the aquatic environment . in selecting the substances for the watch list the commission shall take into account all available information including research projects , member states ' characterisation and monitoring programmes under articles 5 and 8 of directive 2000 / 60 / ec and information on production volumes , use patterns , concentrations in the environment and effects , including that gathered in accordance with directives 98 / 8 / ec , 2001 / 82 / ec and 2001 / 83 / ec of the european parliament and of the council , and with regulation no 1907 / 2006 and regulation no 1107 / 2009 of the european parliament and of the council . ### the watch list shall contain no more than 25 substances or groups of substances at any given time and shall indicate the monitoring matrix and the recommended method of analysis for each substance . the substances shall be selected from among those for which the available information indicates that they may pose a significant risk at union level to or via the aquatic environment . in selecting the substances for the watch list the commission shall take into account all available information including research projects , member states ' characterisation and monitoring programmes under articles 5 and 8 of directive 2000 / 60 / ec and information on production volumes , use patterns , concentrations in the environment and effects , including that gathered in accordance with directives 98 / 8 / ec , 2001 / 82 / ec and 2001 / 83 / ec of the european parliament and of the council , and with regulation no 1907 / 2006 and regulation no 1107 / 2009 of the european parliament and of the council .


### 1 12 months after the adoption of this directive . ### 1 24 months after the adoption of this directive .


### in selecting the representative stations , the monitoring frequency and timing for each substance , member states shall take into account the use patterns of the substance . the frequency of monitoring shall not be less than once per year . ### in selecting the representative stations , the monitoring frequency and timing for each substance , member states shall take into account the use patterns of the substance . the frequency of monitoring shall not be less than once per year . for substances where one monitoring per year may results in no , or incomplete data considering the use patterns of the substance member states shall ensure multiple monitorings per year .


### with a view to better matching the limited resources of national and european producers available for producing european statistics with the increasing needs for statistics , the preparation of the commission’s annual statistical work programmes , which spell out in detail this multiannual programme , should include a thorough review of statistical priorities that will reduce less important requirements and simplify existing processes , while at the same time maintaining the high quality standards of official statistics . account should also be taken of the burden on respondents , be they businesses , central , regional or local government units , households or individuals ### with a view to better matching the limited resources of national and european producers available for producing european statistics with the increasing needs for statistics , the preparation of the commission’s annual statistical work programmes , which spell out in detail this multiannual programme , should include a thorough review of statistical priorities that will reduce less important requirements and simplify existing processes , while at the same time improving the reliability and maintaining the high - quality standards of official statistics . account should also be taken of the burden on respondents , be they businesses , central , regional or local government units , households or individuals


### the financial allocation for the programme may also cover expenses pertaining to preparatory , monitoring , control , audit and evaluation activities which are required for the management of the programme and the achievement of its objectives ; in particular , studies , meetings of experts , expenses linked to the reimbursement of statistical experts , information and communication actions , expenses linked to it networks focusing on information processing and exchange , together with all other technical and administrative assistance expenses incurred by the commission for the management of the programme . ### the financial allocation for the programme may also cover expenses pertaining to preparatory , monitoring , control , audit and evaluation activities which are required for the management of the programme and the achievement of its objectives ; in particular , studies , meetings of experts , expenses linked to the reimbursement of statistical experts , information and communication actions , expenses linked to it networks focusing on information processing and exchange , together with all other technical and administrative assistance expenses incurred by the commission for the management of the programme . such allocation shall also cover any assistance and expertise given to member states to help them tackle research constraint and major methodological obstacles .


### policy - making drives the decisions to produce european statistics , but these statistics should also be available to other decision - makers , researchers , businesses and european citizens in general as they are a public good and are paid for by citizens and businesses , who should benefit equally from the services provided . for the infrastructure to fulfil this role it has to be designed according to a sound conceptual framework , which , on the one hand , ensures fitness for a range of purposes and , on the other hand , allows flexible adaptation to evolving users ' needs in the years ahead . ### policy - making drives the decisions to produce european statistics , but these statistics should also be available and easily accessible to other decision - makers , researchers , businesses and european citizens in general as they are a public good and are paid for by citizens and businesses , who should benefit equally from the services provided . for the infrastructure to fulfil this role it has to be designed according to a sound conceptual framework , which , on the one hand , ensures fitness for a range of purposes and , on the other hand , allows flexible adaptation to evolving users ' needs in the years ahead .


### a database for growth and productivity measurement created ; ### a database for growth and productivity measurement created , taking account of changes in productivity in the public sector as well as the private sector ;


### statistics provided on safety , health and disability ; ### disaggregated statistics provided on safety , health disability and quality of life ;


### there is a need for suitable , appropriate and effective out - of - court complaint and redress procedures in the member states in order to settle disputes between insurance intermediaries or undertakings and customers , using , where appropriate , existing procedures . effective out - of - court complaint and redress procedures should be available to deal with disputes concerning rights and obligations established under this directive between insurance undertakings or persons selling or offering insurance products and customers . in order to enhance the effectiveness of out - of - court resolution of disputes procedures dealing with complaints submitted by customers , this directive should provide that insurance undertakings or persons selling or offering insurance products have to participate in dispute resolution procedures , which do not result in a binding decision , instituted against themselves by customers and concerning rights and obligations established under this directive . such out - of court resolution of disputes procedures would aim to achieve a quicker and less expensive settlement of disputes between insurance undertakings or persons selling or offering insurance products and customers and lightening of the burden on the court system . however , out - of - court resolution of disputes procedures should not prejudice the rights of the parties to such procedures to bring legal proceedings before courts . ### there is a need for appropriate and effective out - of - court complaint and redress procedures in the member states in order to settle disputes between insurance intermediaries or undertakings and customers , using , where appropriate , existing procedures . effective out - of - court complaint and redress procedures should be available to deal with disputes concerning rights and obligations established under this directive and directives between insurance undertakings or persons selling or offering insurance products and customers . in order to enhance the effectiveness of out - of - court resolution of disputes procedures dealing with complaints submitted by customers , this directive should provide that insurance undertakings or persons selling or offering insurance products have to participate in dispute resolution procedures . this should be in accordance with the directive 2013 / . . . / eu of the european parliament and of the council of . . . [ on alternative dispute resolution for consumer disputes ] 1and regulation 2013 / . . . / eu of the european parliament and of the council of . . . [ on online dispute resolution for consumer disputes ] 2 . _____________ 1oj l . . . 2 oj l . . .


### it is important to guarantee a high level of professionalism and competence among insurance and reinsurance intermediaries and the employees of direct insurers who are involved in activities preparatory to , during and after the sales of insurance policies . therefore , the professional knowledge of an intermediary , of the employees of direct insurers , and of car rental companies and travel agents , as well as the professional knowledge of persons carrying on the activities of the management of claims , loss adjusting or expert appraisal of claims needs to match the level of complexity of these activities . continuing education should be ensured . ### consumers should be provided in advance with clear information about the status of the persons who sell the insurance product and about the remuneration which they receive . there is a need to introduce a mandatory status disclosure for european insurance intermediaries and insurance undertakings . this information should be given to the consumer at the pre - contractual stage . its role is to make transparent the relationship between the insurance undertaking and the intermediary as well as the structure and the content of the intermediaries ' remuneration .


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


### this directive lays down rules concerning the taking - up and pursuit of the activities of insurance and reinsurance mediation , including professional management of claims and loss adjusting , by natural and legal persons which are established in a member state or which wish to be established there . ### this directive lays down rules concerning the taking - up and pursuit of the activities of insurance and reinsurance mediation , by natural and legal persons which are established in a member state or which wish to be established there .


### ‘ contingent commission’ means a remuneration in the form of a commission where the amount payable is based on the achievement of agreed targets relating to the business placed by the intermediary with that insurer ; ### ' contingent commission ' means a remuneration in the form of a commission based on the achievement of pre - agreed targets or thresholds relating to the volume of business placed by the intermediary with the insurer ,


### member states may stipulate that , where an insurance or reinsurance intermediary acts under the responsibility of an insurance or reinsurance undertaking or of another registered insurance or reinsurance intermediary , the latter intermediary or the undertaking shall be responsible for ensuring that it meets the conditions for registration set out in this directive . in such a case , the person or entity accepting responsibility shall , having been informed by the member states of the matters set out in paragraph 7 of this article , sub - paragraphs and , be satisfied as to the matter set out in paragraph 7 of this article , sub - paragraph . member states may also stipulate that the person or entity which takes responsibility for the intermediary shall register that intermediary . ### member states may stipulate that , where an insurance or reinsurance intermediary acts under the responsibility of an insurance or reinsurance undertaking or of another registered insurance or reinsurance intermediary , the insurance intermediary shall not be required to provide the competent authority with the information in points and of article 3 and the insurance entity responsible shall ensure that the insurance intermediary meets the conditions for registration and other provisions set out in this directive . member states may also stipulate that the person or entity which takes responsibility for the intermediary shall register that intermediary .


### member states shall ensure that the competent authorities do not register an insurance or reinsurance intermediary unless it is satisfied that the intermediary meets the requirements laid down in article 8 . ### member states shall ensure that the competent authorities do not register an insurance or reinsurance intermediary unless the intermediary meets the requirements laid down in article 8 .


### if an insurance intermediary ' s primary place of business is located in another member state , then the competent authority of that other member state may agree with the home member state competent authority to act as if it were the home member state competent authority with regard to the obligations in chapters vi , vii and viii of this directive . in the event of such an agreement , the home member state competent authority shall notify the insurance intermediary and eiopa without delay . ### each member state shall require that : any insurance intermediary which is a legal person have its head office in the same member state as its registered office and that it actually operates there ; b ) any insurance intermediary which is not a legal person or any insurance intermediary which is a legal person but under its national law has no registered office have its head office in a member state in which it actually carries on its business . if an insurance intermediary ' s primary place of business is located in another member state , then the competent authority of that other member state may agree with the home member state competent authority to act as if it were the home member state competent authority with regard to the obligations in chapters vi , vii and viii of this directive . in the event of such an agreement , the home member state competent authority shall notify the insurance intermediary and eiopa without delay .


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


### the notion of adequate knowledge and ability of the intermediary when carrying on insurance mediation with its customers as referred to in paragraph 1 of this article ; ### the notion of adequate knowledge and ability of the intermediary and members of staff of insurance undertakings when carrying on insurance mediation with its customers as referred to in paragraph 1 of this article ;


### the steps that insurance intermediaries and insurance undertakings might reasonably be expected to take to update their knowledge and ability through continuing professional development in order to maintain an adequate level of performance . ### the steps that insurance intermediaries and members of staff of insurance undertakings might reasonably be expected to take to update their knowledge and ability through continuing professional development in order to maintain an adequate level of performance .


### member states shall ensure that these bodies cooperate in the resolution of cross - border disputes . ### for business - to - customer transactions , these bodies shall comply with directive 2013 / . . . / eu [ on alternative dispute resolution for consumer disputes ] .


### member states shall ensure that insurance and reinsurance undertakings and intermediaries use the insurance and reinsurance mediation services only of registered insurance and reinsurance intermediaries or of the persons referred to in article 1 or of the persons who have fulfilled the declaration procedure referred to in article 4 . ### member states shall ensure that insurance and reinsurance undertakings and intermediaries use the insurance and reinsurance mediation services only of registered insurance and reinsurance intermediaries or of the persons referred to in article 1 or of the persons who have fulfilled the declaration procedure referred to in article 4 . if national law provides , when insurance and reinsurance intermediaries based inside the union use the services of insurance or reinsurance intermediaries outside the union , it is not necessary for the intermediary or undertaking which is based outside the union to be registered within the member state .


### it gives advice on the basis of a fair analysis , or ### it must disclose whether it gives advice on the basis of a fair and personal analysis , or


### when the insurance intermediary or the insurance undertaking inform the customer that it gives its advice on the basis of a fair analysis , it is obliged to give that advice on the basis of an analysis of a sufficiently large number of insurance contracts available on the market , to enable it to make a recommendation , in accordance with professional criteria , regarding which insurance contract would be adequate to meet the customer ' s needs . ### when the insurance intermediary or insurance undertaking informs the customer that insurance advice is provided on an independent basis , it shall : carry out a comprehensive analysis of the relevant market , to enable it to make a recommendation , in accordance with professional criteria , regarding which insurance contract would be adequate to meet the customer ' s needs . the insurance products should be diversified with regard to their type and issuers or product providers and should not be limited to insurance products issued or provided by entities having close links with the insurance intermediary or insurance undertaking ; give the customer full and unbiased advice ; not accept or receive fees , commissions or any monetary benefits , benefits in money’s worth or other incentives paid or provided by any third party or a person acting on behalf of a third party in relation to the provision of the service to customers .


### when the insurance intermediary or the insurance undertaking inform the customer that it gives its advice on the basis of a fair analysis , it is obliged to give that advice on the basis of an analysis of a sufficiently large number of insurance contracts available on the market , to enable it to make a recommendation , in accordance with professional criteria , regarding which insurance contract would be adequate to meet the customer ' s needs . ### when the insurance intermediary or the insurance undertaking gives advice , it is obliged to give that advice on the basis of an analysis of a sufficiently large number of insurance contracts available on the market , to enable him it to make a personal recommendation in the best interest of the consumer , in accordance with professional criteria , regarding which insurance contract would most suitable to meet the customer ' s needs .


### prior to the conclusion of a contract , whether or not advice is given , the insurance intermediary or insurance undertaking shall give the customer the relevant information about the insurance product in a comprehensible form to allow the customer to make an informed decision , while taking into account the complexity of the insurance product and the type of customers . ### prior to the conclusion of a contract , whether or not advice is provided , the insurance intermediary or insurance undertaking shall provide the customer the relevant information about the insurance product in a comprehensible form to allow the customer to make an informed decision , while taking into account the complexity of the insurance product and the type of customers . it shall be provided in a standardised information sheet , in a plain language , and containing the key information of the insurance contract .


### in the case of telephone selling , the prior information given to the customer shall be in accordance with union rules applicable to the distance marketing of consumer financial services . moreover , information shall be provided to the customer in accordance with paragraph 1 or 2 immediately after the conclusion of the insurance contract . ### in the case of telephone selling , the prior information given to the customer shall be in accordance with union rules applicable to the distance marketing of consumer financial services . moreover , following the conditions of paragraph 4 being met , information shall be provided to the customer in accordance with paragraph 1 or 2 immediately after the conclusion of the insurance contract .


### member states shall require insurance intermediaries and insurance undertakings to take all appropriate steps to identify conflicts of interest between themselves , including their managers , employees and tied insurance intermediaries , or any person directly or indirectly linked to them by control and their customers or between one customer and another that arise in the course of carrying on insurance mediation . ### member states shall require insurance intermediaries and insurance undertakings to take all appropriate steps to identify , mitigate , avoid and remove conflicts of interest between themselves , including their managers , employees and tied insurance intermediaries , or any person directly or indirectly linked to them by control and their customers or between one customer and another that arise in the course of carrying on insurance mediation .


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


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


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


### in order to ensure consistency between this regulation and sector - specific union harmonisation legislation with regard to specific obligations of economic operators , the provisions concerning manufacturers , authorised representatives , importers and distributors should be based on the reference provisions included in decision no 768 / 2008 / ec of the european parliament and of the council of 9 july 2008 on a common framework for the marketing of products . ### in order to ensure consistency between this regulation and sector - specific union harmonisation legislation with regard to specific obligations of economic operators , the provisions concerning manufacturers , authorised representatives , importers and distributors should be based on the reference provisions included in decision no 768 / 2008 / ec of the european parliament and of the council of 9 july 2008 on a common framework for the marketing of products . nevertheless , harmonised legislation should not impose unnecessary administrative burdens on enterprises .


### ' safe product ' means any product which , under normal or reasonably foreseeable conditions of use of the product concerned , including the duration of use and , where applicable , its putting into service , installation and maintenance requirements , does not present any risk or only the minimum risks compatible with the product ' s use , considered acceptable and consistent with a high level of protection of health and safety of persons ; ### ' safe product ' means any product which , under normal or reasonably foreseeable conditions of use of the product concerned , including the duration of use and , where applicable , its putting into service , installation , maintenance requirements and disposal , does not present any risk or only the minimum risks compatible with the product ' s use , considered acceptable and consistent with a high level of protection of health and safety of persons ;


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


### when placing their products on the market , manufacturers shall ensure that they have been designed and manufactured in accordance with the general safety requirement laid down in article 4 . ### when placing their products on the market , also in case of distance selling , manufacturers shall ensure that they have been designed and manufactured in accordance with the general safety requirement laid down in article 4 .


### manufacturers shall ensure that their product is accompanied by instructions and safety information in a language which can be easily understood by consumers , as determined by the member state in which the product is made available , except where the product can be used safely and as intended by the manufacturer without such instructions and safety information . ### manufacturers shall ensure that their product is accompanied by instructions and safety information in a language which can be easily understood by consumers , as determined by the member state in which the product is made available .


### importers shall ensure that the product is accompanied by instructions and safety information in a language which can be easily understood by consumers , as determined by the member state in which the product is made available , except where the product can be used safely and as intended by the manufacturer without such instructions and safety information . ### importers shall ensure that the product is accompanied by instructions and safety information in a language which can be easily understood by consumers , as determined by the member state in which the product is made available .


### obligation to inform the market surveillance authorities in accordance with article 8 , article 10 and and article 11 and shall not apply where the following conditions are fulfilled : ### obligation to inform the market surveillance authorities in accordance with article 8 , article 10 and and article 11 and shall not apply where all the following conditions are fulfilled :


### the power to adopt delegated acts referred to in articles 13 and 15 shall be conferred on the commission for an indeterminate period of time from [ insert date - the date of entry into force of this regulation ] . ### the power to adopt delegated acts referred to in articles 13 and 15 shall be conferred on the commission for a period of five years from [ insert date - the date of entry into force of this regulation ] . the commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five - year period . the delegation of power shall be tacitly extended for periods of an identical duration , unless the european parliament or the council opposes such extension no less than three months before the end of each period .


### no later than [ five ] years after the date of application , the commission shall assess the application of this regulation and transmit an evaluation report to the european parliament and the council . this report shall assess if this regulation achieved its objectives , in particular with regard to enhancing the protection of consumers against unsafe products , taking into account its impact on business and in particular on small and medium - sized enterprises . ### no later than [ five ] years after the date of application , and every five years from the first report , the commission shall assess the application of this regulation and transmit an evaluation report to the european parliament and the council . this report shall assess if this regulation achieved its objectives , in particular with regard to enhancing the protection of consumers against unsafe products within the meaning of article 4 of this regulation , taking into account its impact on business and in particular on small and medium - sized enterprises . also , this report shall assess the implications and contributions of regulation 1025 / 2012 within the scope of this regulation .


### roadworthiness testing is a part of a wider regime ensuring that vehicles are kept in a safe and environmentally acceptable condition during their use . this regime should cover periodic roadworthiness tests for all vehicles and roadside technical inspection for vehicles used for commercial road transport activities as well as provisions on a vehicle registration procedure to ensure that vehicles which constitute an immediate risk to road safety are not used on roads . ### roadworthiness testing is a part of a wider regime ensuring that vehicles are kept in a condition which complies with the existing safety and environmental legislative framework . this regime should cover periodic roadworthiness tests for all vehicles and roadside technical inspection for vehicles used for commercial road transport activities as well as provisions on a vehicle registration procedure to ensure that vehicles which constitute an immediate risk to road safety are not used on roads .


### a number of technical standards and requirements on vehicle safety have been adopted within the union . it is however necessary to ensure , through a regime of unexpected roadside inspections , that after being placed on the market , vehicles continue to meet safety standards throughout their lifetime . ### a number of technical standards , requirements on vehicle safety and environmental standards have been adopted within the union . it is however necessary to ensure , through a regime of unexpected roadside inspections , that after being placed on the market , vehicles remain technically roadworthy throughout their lifetime .


### a number of technical standards and requirements on vehicle safety have been adopted within the union . it is however necessary to ensure , through a regime of unexpected roadside inspections , that after being placed on the market , vehicles continue to meet safety standards throughout their lifetime . ### a number of technical standards and requirements on vehicle safety have been adopted within the union . it is however necessary to ensure , through a regime of unexpected technical roadside inspections , that after being placed on the market , vehicles continue to meet safety standards throughout their lifetime .


### technical roadside inspections of the roadworthiness should consist of initial and , where necessary , more detailed inspections . in both cases they should cover all relevant parts and systems of vehicles . to achieve a more harmonised testing , for all of the possible test items , test methods and examples of deficiencies and their assessment according to their severity should be introduced . ### technical roadside inspections of the roadworthiness should consist of initial and , where necessary , more detailed inspections . in both cases they should cover all relevant parts and systems of vehicles , including the securing of cargo . to achieve a more harmonised testing , for all of the possible test items , test methods and examples of deficiencies and their assessment according to their severity should be introduced . in relation to the securing of cargo , the use of standards for securing cargo and for its assessment should be encouraged .


### in order to ensure the efficient exchange of information between member states , there should be within each member state a single body acting as contact point for liaising with other relevant competent authorities . that body should also compile relevant statistics . furthermore , member states should apply a coherent national enforcement strategy on their territory and may designate a single body to coordinate its implementation . the competent authorities in each member state should designate procedures setting out time limits and the contents of the information to be forwarded . ### in order to ensure the efficient exchange of information between member states , there should be within each member state a single body acting as contact point for liaising with other relevant competent authorities . that body should also compile relevant statistics , in particular in relation to the categories of commercial vehicles checked during technical roadside inspections , the number and type of deficiencies found , and their severity . furthermore , member states should apply a coherent national enforcement strategy on their territory and may designate a single body to coordinate its implementation . the competent authorities in each member state should designate procedures setting out time limits and the contents of the information to be forwarded .


### this regulation establishes a regime of roadside inspections of commercial vehicles circulating within the territory of the member states . ### this regulation establishes a regime of technical roadside inspections of the roadworthiness of commercial vehicles circulating within the territory of the member states .


### this regulation shall apply to commercial vehicles with a design speed exceeding 25 km / h of the following categories , as defined in directive 2007 / 46 / ec of the european parliament and the council : ### this regulation shall apply to commercial vehicles with a design speed exceeding 25 km / h of the following categories , as defined in directive 2007 / 46 / ec and directive 2003 / 37 / ec of the european parliament and of the council of 26 may 2003 on type - approval of agricultural or forestry tractors , their trailers and interchangeable towed machinery , together with their systems , components and separate technical units1 : ___________ 1 oj l 171 , 9 . 7 . 2003 , p . 1 .


### ‘ commercial vehicle’ means a motor vehicle and its trailer intended for the transport of goods or passengers for professional purposes ; ### ‘ commercial vehicle’ means a motor vehicle and its trailer intended for the transport of goods or passengers for the carriage of goods by road in vehicles for reward ;


### ‘ roadside inspection’ means an unexpected inspection of the roadworthiness of a commercial vehicle circulating on roads open to public traffic within the territory of a member state carried out by the authorities , or under their direct supervision ; ### ‘ technical roadside inspection’ means an unexpected inspection of the roadworthiness of a commercial vehicle , and of the securing of its cargo , whilst that vehicle is circulating on roads open to public traffic within the territory of a member state carried out by the authorities , or under their direct supervision ;


### carry out a visual assessment of the condition of the vehicle and of its cargo . ### carry out a visual assessment of the technical condition of the vehicle and of its cargo .


### the inspection of each of these areas shall cover one , several or all of the items listed in annex ii and relevant to these areas . ### the inspection of each of these areas shall cover all the items listed in annex ii considered necessary and relevant to these areas .


### in addition , the inspector may check other areas of inspection listed in annex ii point 1 and covering one , several or all of the items listed in this annex . ### in addition , and when necessary due to the existence of a potential safety risk , the inspector may check other areas of inspection listed in annex ii point 1 covering all the items listed in this annex considered necessary and relevant to these areas .


### mobile inspection units shall include appropriate equipment for carrying out a roadside inspection , including at least the equipment necessary to assess the condition of the brakes , steering , suspension and emissions of the vehicle . ### mobile inspection units shall include appropriate equipment for carrying out a roadside inspection , including at least the equipment necessary to assess the condition of the brakes , steering , suspension , emissions and weight of the vehicle .


### any major deficiency revealed by an initial or a more detailed inspection shall be rectified without delay and in the vicinity of the inspection spot . ### any major deficiency revealed by an initial or a more detailed inspection shall be rectified without delay and in a location with the requisite equipment as close as possible to the place in which the initial or more detailed inspection was carried out .


### when major or dangerous deficiencies , in particular those resulting in a prohibition to use the vehicle , are found in a vehicle not registered in the member state of inspection , the contact point shall inform the competent authority of the member state of registration of the vehicle of the results of this inspection . this information shall contain the elements of the roadside inspection report as set out in annex vi . the commission shall adopt detailed rules concerning the procedures for the notification of vehicles with major or dangerous deficiencies to the competent authority of the member state of registration in accordance with the examination procedure referred to in article 23 . . ### when major or dangerous deficiencies , in particular those resulting in a prohibition to use the vehicle , are found in a vehicle not registered in the member state of inspection , the contact point shall inform the competent authority of the member state of registration of the vehicle of the results of this inspection . the member state of registration shall take that information into account when classifying undertakings pursuant to article 6 . this information shall contain the elements of the roadside inspection report as set out in annex vi . the commission shall adopt detailed rules concerning the procedures for the notification of vehicles with major or dangerous deficiencies to the competent authority of the member state of registration in accordance with the examination procedure referred to in article 23 . .


### texte proposé par la commission 2 . rules laid down in accordance with paragraph 1 shall include penalties for failure by a driver or operator to cooperate with the inspector and to rectify deficiencies detected during an inspection . ### amendement 2 . rules laid down in accordance with paragraph 1 shall include penalties for failure by a driver or operator to cooperate with the inspector and for the illegal use of a vehicle resulting from non - compliance with article 14 .


### european standards should continue to be adopted by the european standardisation bodies , namely european committee for standardisation , the european committee for electrotechnical standardisation and the european telecommunications standards institute . ### the european standardisation system should continue to be run by and for stakeholders in line with the principles of cohesion , transparency , openness , consensus , independence from special interests , market adequacy , effectiveness and national representation in the decision - making process , and european standards should continue to be adopted by the european standardisation organisations , namely the european committee for standardisation , the european committee for electrotechnical standardisation and the european telecommunications standards institute .


### within the union , national standards are adopted by national standardisation bodies which could lead to conflicting standards and technical impediments in the internal market . therefore , it is necessary for the internal market and for the effectiveness of standardisation within the union to confirm the existing regular exchange of information between the national standardisation bodies , the european standardisation bodies and the commission , about current and future standardisation work . this exchange of information should be aligned with annex 3 to agreement on technical barriers to trade approved by council decision no 80 / 271 / eec of 10 december 1979 concerning the conclusion of the multilateral agreements resulting from the 1973 to 1979 trade negotiations . ### within the union , national standards are adopted by national standardisation entities which could lead to conflicting standards and technical impediments in the eu internal market . therefore , it is necessary for the eu internal market and for the effectiveness of standardisation within the union to confirm the existing regular exchange of information between the national standardisation entities , the european standardisation organisations and the commission , about current and future standardisation work , and also about regulations on the standstill principle concerning their application to national standardisation entities under european standardisation organisations . this exchange of information should be aligned with annex 3 to agreement on technical barriers to trade approved by council decision no 80 / 271 / eec of 10 december 1979 concerning the conclusion of the multilateral agreements resulting from the 1973 to 1979 trade negotiations .


### standards are important tools for undertakings and especially small and medium - sized enterprises which , however , are not adequately involved in the standardisation system so that the risk exists that standards do not take into account the needs and concerns of sme . consequently , it is essential to improve their representation and participation in the standardisation process , particularly in the technical committees . ### standards are important tools for undertakings and especially small and medium - sized enterprises which , however , are not adequately involved in the standardisation system so that the risk exists that standards do not take into account the needs and concerns of sme . consequently , it is essential to improve their representation and participation in the standardisation process , particularly in the technical committees . standardisation rules should encourage smes to contribute actively , with innovative technological solutions , to the standardisation process .


### european standards are of vital interest for the competitiveness of smes which , however , are in general under - represented in standardisation activities , in particular at european level . thus , this regulation should ensure an appropriate representation of sme in the european standardisation process by an entity with appropriate qualifications . ### european standards are of vital interest for the competitiveness of smes which , however , are under - represented in a number of areas in standardisation activities , in particular at european level . thus the regulation should ensure an appropriate representation of sme in the european standardisation process .


### the viability of the cooperation between the commission and the european standardisation system depends on careful planning of future requests for the development of standards . this planning could be improved , in particular through the input of interested parties . since directive 98 / 34 / ec already provides for the possibility to request the european standardisation bodies to elaborate european standards , it is appropriate to put in place a better and more transparent planning in an annual work programme which should contain an overview of all requests for standards which the commission intends to submit to european standardisation bodies . ### the viability of the cooperation between the commission and the european standardisation system depends on careful planning of future requests for the development of standards . this planning could be improved , in particular through the input of interested parties , by introducing mechanisms for collecting opinions and facilitating the exchange of information among all interested parties . since directive 98 / 34 / ec already provides for the possibility to request the european standardisation bodies to elaborate european standards , it is appropriate to put in place a better and more transparent planning in an annual work programme which should contain an overview of all requests for standards which the commission intends to submit to european standardisation bodies .


### public authorities should make best use of the full range of relevant standards when procuring hardware , software and information technology services , for example by selecting standards which can be implemented by all interested suppliers , allowing for more competition and reduced risk of lock - in . directive 2004 / 17 / ec of the european parliament and of the council of 31 march 2004 coordinating the procurement procedures of entities operating in the water , energy , transport and postal services sectors and directive 2004 / 18 / ec of the european parliament and of the council of 31 march 2004 on the coordination of procedures for the award of public works contracts , public supply contracts and public service contracts specify that technical specifications in public procurement should be formulated by reference to national standards transposing european standards , european technical approvals , common technical specifications , international standards , other technical reference systems established by the european standardisation bodies or - when these do not exist - to national standards , national technical approvals or national technical specifications relating to the design , calculation and execution of the works and use of the products , or equivalent . standards in the field of information and communication technologies , however , are often developed by other standard developing organisations and do not fall in any of the categories of standards and approvals laid down in directives 2004 / 17 / ec and 2004 / 18 / ec . therefore , it is necessary to provide for the possibility that technical specifications for public procurement could refer to standards in the field of information and communication technologies , in order to respond to the fast evolution in the field of information and communication technologies , facilitate the provision of cross - border services , encourage competition and promote interoperability and innovation . ### public authorities should make best use of the full range of relevant standards and technical specifications when procuring hardware , software and information technology services , for example by selecting standards and technical specifications which can be implemented by all interested suppliers , allowing for more competition and reduced risk of lock - in . directive 2004 / 17 / ec of the european parliament and of the council of 31 march 2004 coordinating the procurement procedures of entities operating in the water , energy , transport and postal services sectors and directive 2004 / 18 / ec of the european parliament and of the council of 31 march 2004 on the coordination of procedures for the award of public works contracts , public supply contracts and public service contracts specify that technical specifications in public procurement should be formulated by reference to national standards transposing european standards , european technical approvals , common technical specifications , international standards , other technical reference systems established by the european standardisation bodies or - when these do not exist - to national standards , national technical approvals or national technical specifications relating to the design , calculation and execution of the works and use of the products , or equivalent . technical specifications in the field of information and communication technologies , however , are often developed by other standard developing organisations and do not fall in any of the categories of standards and approvals laid down in directives 2004 / 17 / ec and 2004 / 18 / ec . therefore , it is necessary to provide for the possibility that technical specifications for public procurement could refer to technical specifications in the field of information and communication technologies , in order to respond to the fast evolution in the field of information and communication technologies , facilitate the provision of cross - border services , encourage competition and promote interoperability and innovation .


### some standards in the field of information and communication technologies are not developed according to the criteria set out in annex 3 of the agreement on technical barriers to trade . therefore , this regulation should lay down a procedure for the selection of the standards in the field of information and communication technologies that could be used in public procurement , involving a broad consultation of a large spectrum of stakeholders , including the european standardisation bodies , enterprises and public authorities . this regulation should also lay down requirements , in the form of a list of attributes , for such standards and their associated standardisation processes . these attributes should ensure that public policy objectives and societal needs are respected , and should be founded on the criteria developed within the world trade organisation for international standardisation organisations . ### some technical specifications in the field of information and communication technologies are not developed according to the criteria set out in annex 3 of the agreement on technical barriers to trade . therefore , this regulation should lay down a procedure for the selection of the technical specifications in the field of information and communication technologies that could be used in public procurement , involving a broad consultation of a large spectrum of stakeholders , including the european standardisation bodies , enterprises and public authorities . this regulation should also lay down requirements , in the form of a list of attributes , for such technical specifications and their associated standardisation processes . these attributes should ensure that public policy objectives and societal needs are respected , and should be founded on the criteria developed within the world trade organisation for international standardisation .


### in order to further innovation and competition between standardised solutions , the recognition of a particular technical specification should not disqualify a competing technical specification from being recognised in accordance with the provisions of this regulation . any recognition should be subject to the attributes being fulfilled and to the technical specification having achieved a minimum level of market acceptance . market acceptance should not be interpreted as having been widely implemented in the market . ### in order to further innovation and competition , the recognition of a particular technical specification should not disqualify a technical specification from being recognised in accordance with the provisions of this regulation . any recognition should be subject to the attributes being fulfilled and to the technical specification having achieved a significant level of market acceptance .


### the selected standards in the field of information and communication technologies could contribute to the implementation of decision no 922 / 2009 / ec of the european parliament and of the council of 16 september 2009 on interoperability solutions for european public administrations which establishes , for the period 2010 - 2015 , a programme on interoperability solutions for european public administrations and institutions and bodies of the union , providing common and shared solutions facilitating interoperability . ### the selected technical specifications in the field of information and communication technologies could contribute to the implementation of decision no 922 / 2009 / ec of the european parliament and of the council of 16 september 2009 on interoperability solutions for european public administrations which establishes , for the period 2010 - 2015 , a programme on interoperability solutions for european public administrations and institutions and bodies of the union , providing common and shared solutions facilitating interoperability .


### situations may arise in the field of information and communication technologies where it is appropriate to encourage the use of , or require , compliance with specified standards at union level in order to ensure interoperability in the single market and to improve freedom of choice for users . in other circumstances , it may also happen that specified european standards no longer meet consumers ' needs or are hampering technological development . for these reasons , directive 2002 / 21 / ec of the european parliament and the council of 7 march 2002 on a common regulatory framework for electronic communications networks and services enables the commission , where necessary , to request european standardisation bodies to draw up standards , to establish a list of standards and / or specifications published in the official journal of the european union with the view to encourage their use , or to make their implementation compulsory , or to remove standards and / or specifications from that list . ### situations may arise in the field of information and communication technologies where it is appropriate to encourage the use of , or require , compliance with specified standards at union level in order to ensure interoperability in the single market and to improve freedom of choice for users . in other circumstances , it may also happen that specified european standards no longer meet consumers ' needs or are hampering technological development . for these reasons , directive 2002 / 21 / ec of the european parliament and the council of 7 march 2002 on a common regulatory framework for electronic communications networks and services enables the commission , where necessary , to request european standardisation bodies to draw up standards , to establish a list of standards and / or specifications published in the official journal of the european union with the view to encourage their use or to remove standards and / or specifications from that list .


### the financing of standardisation activities should also be capable of covering preliminary or ancillary activities in connection with the establishment of standards or other standardisation products . this is necessary primarily for work involving research , the preparation of preliminary documents for legislation , inter - laboratory tests and the validation or evaluation of standards . the promotion of standardisation at european and international level should also continue through programmes relating to the technical assistance to , and cooperation with , third countries . with a view to improving market access and boosting the competitiveness of enterprises in the union , it should be possible to give grants to other bodies through calls for proposals or , where necessary , by awarding contracts . ### the financing of standardisation activities should also be capable of covering preliminary or ancillary activities in connection with the establishment of standards or other standardisation products . this is necessary primarily for work involving research , the preparation of preliminary documents for legislation , inter - laboratory tests and the validation or evaluation of standards . the promotion of standardisation at european and international level should also continue through programmes relating to the technical assistance to , and cooperation with , third countries . with a view to improving market access and boosting the competitiveness of enterprises in the union , it should be possible to give grants to those entities carrying out the abovementioned activities through calls for proposals or , where necessary , by awarding contracts .


### the advisory procedure should be used for the implementing decisions with respect to the objections to harmonised standards which the commission considers justified and where the references to the harmonised standard concerned were not yet published in the official journal of the european union , given that the relevant standard did not yet lead to the presumption of conformity with the essential requirements set out in the applicable union harmonisation legislation . ### the advisory procedure should be used for the implementing decisions with respect to the objections to the annual european standardisation work programme and to harmonised standards which the commission considers justified and where the references to the harmonised standard concerned were not yet published in the official journal of the european union , given that the relevant standard did not yet lead to the presumption of conformity with the essential requirements set out in the applicable union harmonisation legislation .


### this regulation establishes rules with regard to the cooperation between european standardisation bodies , national standardisation bodies and the commission , the establishment of european standards and european standardisation deliverables for products and for services in support of union legislation and policies , the recognition of technical specifications in the field of information and communication technologies and financing of european standardisation . ### this regulation establishes rules with regard to the cooperation between european standardisation bodies , national standardisation bodies and the commission , the establishment of european standards and european standardisation deliverables for products and for services in support of union legislation and policies , the recognition of technical specifications in the field of information and communication technologies , financing of european standardisation and the conditions for a balanced representation of european stakeholder organisations .


### ‘ draft standard’ means a document containing the text of the technical specifications concerning a given subject , which is being considered for adoption in accordance with the relevant standards procedure , as that document stands after the preparatory work and as circulated for public comment or scrutiny ; ### ' draft standard ' means a document containing a proposed standard that has been submitted for an opinion , for a vote or for approval ;


### ‘ technical specification’ means a specification contained in a document which lays down one of the following : ### ' technical specification ' means a document setting the technical requirements that a product , process or service must fulfil , which lays down one of the following :


### stakeholder participation in european standardisation ### stakeholder participation in european standardisation and facilitation of access to standards


### european standardisation bodies shall ensure an appropriate representation of small and medium - sized enterprises , consumer organisations and environmental and social stakeholders , in particular through the organisations referred to in annex iii , at the policy development level and at least at the following stages of the development of european standards or european standardisation deliverables : ### european standardisation bodies shall enable an appropriate representation of small and medium - sized enterprises , consumer organisations and environmental and social stakeholders , for instance through the organisations referred to in annex iii , at the policy development level at the following stages of the development of european standards or european standardisation deliverables :


### european standardisation bodies shall ensure an appropriate representation , at technical level , of undertakings , research centres and universities and other legal entities , in standardisation activities concerning an emerging area with significant policy or technical innovation implications , if the legal entities concerned participated in a project that is related to that area and that is funded by the union under a multiannual framework programme for activities in the area of research and technological development . ### european standardisation bodies shall enable an appropriate representation , at technical level , of undertakings , research centres and universities , market surveillance bodies in the member states and other legal entities , in standardisation activities concerning an emerging area with significant policy or technical innovation implications , if the legal entities concerned participated in a project that is related to that area and that is funded by the union under a multiannual framework programme for activities in the area of research and technological development .


### the commission shall adopt an annual european standardisation work programme which shall indicate the european standards and european standardisation deliverables that it intends to request from the european standardisation bodies in accordance with article 7 . ### after consulting the organisations referred to in annex iii , the commission shall adopt an annual european standardisation work programme which shall indicate the european standards and european standardisation deliverables that it intends to request from the european standardisation bodies in accordance with article 7 . the commission shall inform the organisations referred to in annex iii of the publication of its annual work programme .


### the commission shall inform the relevant european standardisation body , within three months following the receipt of the acceptance referred to in paragraph 2 , about the award of a grant for drafting a european standard or european standardisation deliverable . ### the commission shall inform the relevant european standardisation organisation , within one month following the receipt of the acceptance referred to in paragraph 2 , about the award of a grant for drafting a european standard or european standardisation deliverable .


### standards in the field of ict ### technical specifications in the field of ict


### the drawing up of information to explain , interpret and simplify european standards or european standardisation deliverables , including the drawing up of user guides , best practice information and awareness - building actions ; ### the drawing up of information to explain , interpret and simplify european standards or european standardisation deliverables , including the drawing up of user guides , summaries of standards , best practice information , awareness - building actions and training modules ;


### sme , consumer organisations and environmental and social stakeholders are appropriately represented in european standardisation work , as referred to in article 5 . ### sme , consumer organisations and environmental and social stakeholders are appropriately represented in european standardisation work , as referred to in article 5 , provided that relevant experts from those stakeholders are available and willing to participate .


### adapt the criteria for recognising standards in the field of ict set out in annex ii to technical developments ; ### adapt the criteria for recognising technical specifications in the field of ict set out in annex ii to technical developments ;


### the delegation of power referred to in article 16 shall be conferred on the commission for an indeterminate period of time from 1 january 2013 . ### the delegation of power referred to in article 16 shall be conferred on the commission for five years from 1 january 2013 . the commission shall submit a report on the powers delegated no later than six months before the closure of the five - year period . the delegation of power shall be renewed automatically for identical periods unless it is revoked by the european parliament or the council .


### the delegation of powers referred to in article 16 may be revoked at any time by the european parliament or by the council . a decision of revocation shall put an end to the delegation of the powers specified in that decision . it shall take effect the day following the publication of the decision in the official journal of the european union or at a later date specified therein . it shall not affect the validity of the delegated acts already in force . ### the delegation of powers referred to in article 16 may be revoked at any time by the european parliament or by the council . the institution which initiated the internal decision - making procedure with regard to revoking the delegation of powers shall make every effort to inform the commission , within a reasonable time - frame prior to adoption of a final decision , indicating the delegated powers liable to be revoked and the potential grounds for revocation . a decision of revocation shall put an end to the delegation of the powers specified in that decision . it shall take effect the day following the publication of the decision in the official journal of the european union or at a later date specified therein . it shall not affect the validity of the delegated acts already in force .


### by 31 december 2015 and every five years thereafter , the commission shall present a report to the european parliament and the council on the implementation of this regulation . this report shall contain an evaluation of the relevance of the standardisation activities receiving union financing in the light of the requirements of policies and legislation of the union . ### by 31 december 2015 and every three years thereafter , the commission shall present a report to the european parliament and the council on the implementation of this regulation . this report shall contain an evaluation of the relevance of the standardisation activities receiving union financing in the light of the requirements of policies and legislation of the union .


### the agency should enhance its assistance to the commission regarding research activities related to its field of competences . however , double work with the existing eu research framework should be avoided . in particular , the agency should not be in charge of the management of research projects . ### the agency should enhance its assistance to the commission regarding research activities related to its field of competences . however , duplication with the existing eu research framework should be avoided . in particular , the agency should not be in charge of the management of research projects . in extending the agency’s tasks , attention should be paid to ensuring that the tasks are described clearly and precisely , that there is no duplication and that any confusion is avoided .


### the agency has established itself as the authoritative provider of maritime traffic data at eu level which are of interest and relevance in other eu activities . through its activities , in particular regarding port state control , the monitoring of maritime traffic and shipping routes as well as assistance for tracking possible polluters , the agency should contribute to reinforce synergies at eu level regarding certain coastguard operations . in addition , the agency ' s data monitoring and collection should also gather basic information on potential threats to maritime transport and the marine environment from offshore oil and gas exploration and production . ### the agency has established itself as the authoritative provider of maritime traffic data at eu level which are of interest and relevance in other eu activities . through its activities , in particular regarding port state control , the monitoring of maritime traffic and shipping routes as well as assistance for tracking possible polluters , the agency should contribute to reinforcing synergies at eu level regarding certain coastguard operations . furthermore , a study should be carried out to examine whether the agency , acting as a european coastguard service , should take over these tasks in future , in order to enable swifter , more effective action by the authorities . in addition , the agency ' s data monitoring and collection should also gather basic information on potential threats to maritime transport and the marine environment from offshore oil and gas exploration and production .


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


### the heads of department shall be appointed on grounds of merit and documented administrative and managerial skills , as well as professional competence and experience relevant for maritime safety , maritime security , prevention of pollution caused by ships and response to marine pollution . the heads of department shall be appointed or dismissed by the executive director after having received a positive opinion of the administrative board . ### the heads of department shall be appointed on grounds of merit and documented administrative and managerial skills , as well as gender equality , professional competence and experience relevant for maritime safety , maritime security , prevention of pollution caused by ships and response to marine pollution . the heads of department shall be appointed or dismissed by the executive director after having received a positive opinion of the administrative board .


### in order to take account of the technical developments in the financial markets , in auditing and the audit profession and to specify the requirements laid down in this regulation , the commission should be empowered to adopt delegated acts in accordance with article 290 of the treaty on the functioning of the european union . in particular , the use of delegated acts is necessary to adapt the list of related audit services and of non - audit services as well as to set out the level of fees that esma could charge for delivering the european quality certificate to statutory auditors and audit firms . it is of particular importance that the commission carries out appropriate consultations during its preparatory work , including at expert level . the commission , when preparing and drawing up delegated acts , should ensure a simultaneous , timely and appropriate transmission of relevant documents to the european parliament and to the council . ### in order to take account of the technical developments in the financial markets , in auditing and the audit profession and to specify the requirements laid down in this regulation , the commission should be empowered to adopt implementing acts in accordance with article 291 of the treaty on the functioning of the european union . in particular , the use of implementing acts is necessary to adapt the list of related audit services and of prohibited non - audit services . it is of particular importance that the commission carries out appropriate consultations during its preparatory work , including at expert level , and should ensure a simultaneous , timely and appropriate transmission of relevant documents to the european parliament and to the council .


### take up a key management position in the audited entity ; ### take up a key management position in the audited entity or in an entity linked to it ;


### become a member of the audit committee of the audited entity or , where such committee does not exist , of the body performing equivalent functions to an audit committee ; ### become a member of the audit committee of the audited entity or of an entity linked to it or , where such committee does not exist , of the body performing equivalent functions to an audit committee ;


### become a non - executive member of the administrative body or a member of the supervisory body of the audited entity . ### become a non - executive member of the administrative body or a member of the supervisory body of the audited entity or of an entity linked to it .


### when the statutory auditor or audit firm provides to the audited entity related financial audit services , as referred to in article 10 , the fees for such services shall be limited to no more than 10% of the fees paid by the audited entity for the statutory audit . ### when the statutory auditor or audit firm provides to the audited entity related financial audit services , as referred to in article 10 , the fees for such services , other than fees for such of those services which are required by law , shall be limited to no more than 15% of the fees paid by the audited entity for the statutory audit . in case of joint audit , every audit firm will be allow to provide related financial audit services up to a limit of 20% of the total turnover of the audit services .


### when the statutory auditor or audit firm provides to the audited entity related financial audit services , as referred to in article 10 , the fees for such services shall be limited to no more than 10 % of the fees paid by the audited entity for the statutory audit . ### when the statutory auditor or audit firm provides to the audited entity related financial audit services , as referred to in article 10 , the fees for such services shall be limited to no more than 20 % of the fees paid by the audited entity for the statutory audit for two consecutive years . when two statutory auditors or audit firms are appointed , the fees for such services shall be limited to no more than 25 % of the fees paid by the audited entity for the statutory audit for two consecutive years . however , fees received for related financial services provided pursuant to national or european regulations shall not be taken into account in calculating the above thresholds .


### describe the used methodology , including how much of the balance sheet has been directly verified and how much has been based on system and compliance testing ; ### describe the used methodology , the aim of the audit and its degree of reliability .


### describe the distribution of tasks among the statutory auditors and / or the audit firm ; ### describe the distribution of tasks among the statutory auditor and / or the audit firm , and the rotation of those tasks individually allocated pursuant to article 33 .


### the additional report to the audit committee shall be signed and dated by the statutory auditor or the audit firm . where an audit firm carries out the statutory audit , the additional report to the audit committee shall be signed by at least the statutory auditor carrying out the statutory audit on behalf of the audit firm . ### the additional report to the supervisory or administrative body of the entity shall be signed and dated by the statutory auditor or the audit firm . where an audit firm carries out the statutory audit , the additional report to the supervisory or administrative body of the entity shall be signed by at least the statutory auditor carrying out the statutory audit on behalf of the audit firm .


### the statutory auditor or audit firm shall report to the audit committee on key matters arising from the statutory audit , and in particular on material weaknesses in internal control in relation to the financial reporting process . upon request of any of the parties , the statutory auditor or audit firm shall discuss these matters with the audit committee . ### the statutory auditor or audit firm shall report to the entity’s supervisory or administrative body on key matters arising from the statutory audit , and in particular on material weaknesses in internal control in relation to the financial reporting process . upon request of any of the parties , the statutory auditor or audit firm shall discuss these matters with the audit committee .


### a majority of the members of the audit committee shall be independent . the chairman of the audit committee shall be appointed by its members and shall be independent . ### the chairman of the audit committee shall be appointed by its members and shall be independent .


### for the purposes of the application of article 37 of directive 2006 / 43 / ec , for the appointment of statutory auditors or audit firms by public - interest entities , the conditions set out in paragraphs 2 to 5 of this article shall apply . ### for the purposes of the application of article 37 of directive 2006 / 43 / ec , for the appointment of statutory auditors or audit firms by public - interest entities , the conditions set out in paragraphs 2 to 6 of this article shall apply .


### the member states shall inform each other , eba , eipa and esma in accordance with the relevant provisions of regulations no 1093 / 2010 , no 1094 / 2010 and no 1095 / 2010 , and shall inform the commission of the appointment of competent authorities for the purposes of this regulation . ### the member states shall inform each other , eba , eipa and esma in accordance with the relevant provisions of regulations no 1093 / 2010 , no 1094 / 2010 and no 1095 / 2010 , and shall inform the egaob and the commission of the appointment of competent authorities for the purposes of this regulation .


### in a report to be prepared by esma by x x 20xx [ four years after the entry into force of the regulation ] , shall examine whether the competent authorities referred to in article 35 are sufficiently empowered and have adequate resources to carry out their tasks . ### in a report to be prepared by x x 20xx [ four years after the entry into force of the regulation ] , the egaob shall examine whether the competent authorities referred to in article 35 are sufficiently empowered and have adequate resources to carry out their tasks .


### in a report to be prepared by esma by x x 20xx [ six years after the end of the transitional period ] , shall examine the following issues : ### in a report , to be prepared by x x 20xx [ six years after the end of the transitional period ] , the egaob shall examine the following issues :


### competent and judicial authorities shall provide esma annually with aggregated information regarding all administrative measures , sanctions and fines imposed in accordance with articles 61 , 62 , 63 , 64 , 65 and 66 . esma shall publish this information in an annual report . ### competent and judicial authorities shall provide the egaob annually with aggregated information regarding all administrative measures , sanctions and fines imposed in accordance with articles 61 , 62 , 63 , 64 , 65 and 66 . the egaob shall publish this information in an annual report .


### where the competent authority has disclosed administrative measures , sanctions and fines to the public , it shall simultaneously report that fact to esma . ### where the competent authority has disclosed administrative measures , sanctions and fines to the public , it shall simultaneously report that fact to the egaob .


### draft legislative resolution ### points out that the financial envelope specified in the legislative proposal constitutes only an indication to the legislative authority and that it can not be fixed until agreement is reached on the regulation on the multiannual financial framework for the years 2014 - 2020 ;


### draft legislative resolution ### recalls its resolution of 8 june 2011 on ' investing in the future : a new multiannual financial framework for a competitive , sustainable and inclusive europe ' 1 ; reiterates that sufficient additional resources are needed in the next mff in order to enable the union to fulfil its existing policy priorities and the new tasks provided for by the treaty of lisbon , as well as to respond to unforeseen events ; points out that even with an increase in the level of resources for the next mff by at least 5% compared to the 2013 level only a limited contribution can be made to the achievement of the union ' s agreed objectives and commitments and the principle of union solidarity ; challenges the council , if it does not share this approach , to clearly identify which of its political priorities or projects could be dropped altogether , despite their proven european added value ; _______________ 1 texts adopted , p7_ta0266 .


### draft legislative resolution ### considers that separate funding and budgetary allocations should be guaranteed for this initiative whilst remaining mutually complementary with the other instruments for the union ' s external policies .


### in implementing the regulation , coherence shall be ensured with other areas of union ' s external action and with other relevant union policies . particular attention shall be given to ensure smooth transition between relief , rehabilitation and development . ### in implementing the regulation , coherence and complementarity shall be ensured with other areas of union ' s external action and with other relevant union policies . particular attention shall be given to ensure smooth transition between relief , rehabilitation and development .


### the commission and the member states shall cooperate to improve the consistency and coherence between relevant national volunteering schemes and the actions of the eu aid volunteers . ### the commission and the member states shall cooperate to improve the efficiency , effectiveness , consistency and coherence between relevant national volunteering schemes and the actions of the eu aid volunteers .


### – the number of eu aid volunteers deployed or ready for deployment ; ### – the number of eu aid volunteers , deployed or ready for deployment with the required qualifications ;


### - the number of people reached by humanitarian aid provided by the union ### – the number of people reached by humanitarian aid and efficiency assessment of the humanitarian aid provided by the union through eu aid volunteers .


### – the number of volunteers trained and the quality of the training on the basis of the reviews and level of satisfaction ; ### – - the number of volunteers that successfully finished the training - assessment of the quality of the training on the basis of the reviews , level of satisfaction , including post - deployment review of the relevance of the training provided for volunteers operating on the field


### – the number of third country staff and volunteers participating in the capacity building actions . ### – the number of third country staff and volunteers participating in the capacity building actions , and the continuity in the organization after the end of training .


### – the number of certified sending organisations ; ### – qualitative and quantitative assessment of certified sending organisations ;


### the commission shall establish a training programme in order to prepare the candidate volunteers for undertaking humanitarian activities and for deployment in humanitarian aid operations . ### the commission shall establish a training programme in order to prepare the candidate volunteers for undertaking humanitarian activities and for deployment in humanitarian aid operations . proper funding for ngos and other entities entitled to perform training of volunteers shall be ensured .


### financial assistance under this regulation may be awarded to natural persons and legal persons , whether governed by private or public law , which shall then be deemed financial beneficiaries in the sense of the financial regulation xx / 2012 . ### financial assistance under this regulation may be awarded to natural persons and legal persons , whether governed by private or public law , which shall then be deemed financial beneficiaries in the sense of regulation no . 966 / 2012 on the financial rules applicable to the general budget of the union .


### the financial reference amount for the implementation of this regulation for the period 2014 to 2020 shall be eur 239 . 100 . 000 at current prices . if necessary , appropriations could be entered in the budget beyond 2020 to cover similar expenses , in order to enable the management of actions not yet completed by 31 december 2020 . ### the indicative financial reference amount as defined in the point [ 17 ] of the interinstitutional agreement of xx / 201z between the european parliament , the council and the commission on cooperation in budgetary matters and sound financial management shall be eur 239 . 100 . 000 at current prices . annual appropriations shall be authorised by budgetary authority without prejudice to the provisions of the regulation on the multiannual financial framework for the years 2014 - 2020 and the interinstitutional agreement xxx / 201z between the european parliament , council and the commission on cooperation in budgetary matters and sound financial management . if necessary , payment appropriations could be entered in the budget beyond 2020 to cover similar expenses , in order to enable the payment management of actions not yet completed by 31 december 2020 ,


### the commission shall implement the union ' s financial assistance in accordance with the financial regulation xx / 2012 applicable to the budget of the union . ### the commission shall implement the union ' s financial assistance in accordance with regulation no . 966 / 2012 on the financial rules applicable to the general budget of the union .