### the key information document should be drawn up in a format which allows retail investors to compare different investment products , since consumer behaviours and capabilities are such that the format , presentation and content of information must be carefully calibrated to maximise understanding and use of information . the same order of items and headings for these items should be followed for each document . in addition , the details of the information to be included in the key information document for different products and the presentation of this information should be further harmonised through delegated acts that take into account existing and on - going research on consumer behaviour , including results from testing the effectiveness of different ways of presenting information with consumers . in addition , some investment products give the retail investor a choice between multiple underlying investments . those products should be taken into account when drawing up the format . ### the key information document should be drawn up in a format which allows retail investors , before taking an investment decision , genuinely to compare different investment products , since consumer behaviours and capabilities are such that the format , presentation and content of information must be carefully calibrated to maximise understanding and use of information . the same order of items and headings for these items should be followed for each document . in addition , the details of the information to be included in the key information document for different products and the presentation of this information should be further harmonised through delegated acts that take into account existing and on - going research on consumer behaviour , including results from testing the effectiveness of different ways of presenting information with consumers . in addition , some investment products give the retail investor a choice between multiple underlying investments . those products should be taken into account when drawing up the format .


### to ensure the trust of retail investors in investment products , requirements should be established for appropriate internal procedures which ensure that retail investors receive a substantive response from the investment product manufacturer to complaints . ### to ensure the trust of retail investors in investment products , requirements should be established for appropriate internal procedures which ensure that retail investors receive a substantive response from the investment product manufacturer to complaints , which should be given within a reasonable period of time and in writing . replies should be forwarded to retail investors in the same language in which the complaint was written .


### this regulation lays down uniform rules on the format and content of the key information document to be drawn up by investment product manufacturers and uniform rules on the provision of this document to retail investors . ### this regulation lays down uniform rules on the format and content of the key information document to be drawn up by investment product manufacturers and intermediaries and uniform rules on the provision of this document to retail investors .


### the investment product manufacturer shall draw up a key information document in accordance with the requirements laid down in this regulation for each investment product it produces and shall publish the document on a website of its choice before the investment product can be sold to retail investors . ### the investment product manufacturer shall draw up a key information document in accordance with the requirements laid down in this regulation for each investment product it produces and shall publish the document together with the prospectus where a prospectus is published and at least on its website before the investment product can be sold to retail investors . the key information document shall be completed by the distributor where relevant .


### the key information document shall be accurate , fair , clear and not misleading . ### the key information document shall be accurate , fair , clear and not misleading . the document should make it possible to compare products before taking an investment decision


### the key information document shall be written in the official language , or one of the official languages of the member state where the investment product is sold , or in a language accepted by the competent authorities of that member state , or where it has been written in a different language , it shall be translated into one of these languages . ### the key information document shall be written in the official languages , or the official language used in the part of the member state where the investment product is distributed , or in another language accepted by the competent authorities of that member state if used in the part of the member state where the investment product is distributed , or where it has been written in a different language , it shall be translated into one of these languages .


### ‘ this document provides you with key information about this investment product . it is not marketing material . the information is required by law to help you understand the nature of this investment product and the risks of investing in it . you are advised to read it so that you can take an informed decision about whether to invest . ’ ### “this document provides you with key information about this investment product . it is not marketing material . the information is required by law to help you understand the nature of this investment product , the risks and costs of investing in it . you are advised to read it so that you can take an informed decision about whether to invest . ”


### under a section titled ' what are the costs ? ' , the costs associated with an investment in the investment product , comprising both direct and indirect costs to be borne by the investor , including summary indicators of these costs ; ### under a section titled ' what are the costs ? ' , all the costs associated with an investment in the investment product , comprising both direct and indirect costs to be borne by the investor , including summary indicators of these costs ;


### for pension products , under a section titled ' what might i get when i retire ? ' , projections of possible future outcomes . ### for pension products , under a section titled ' what might i get when i retire ? ' , projections of possible future outcomes . with regard to pension products , retail investors should in addition be informed unambiguously , clearly and comprehensibly about any limits to the withdrawal of funds .


### the draft regulatory technical standards shall take into account the different types of investment products . the european supervisory authorities shall submit those draft regulatory technical standards to the commission by [ … ] . ### the draft regulatory technical standards shall take into account the different types of investment products . the european supervisory authorities shall conduct due consumer testing to determine the best methodology and calculation under and for retail investors . the european supervisory authorities shall submit those draft regulatory technical standards to the commission by [ … ] .


### a person selling an investment product to retail investors shall provide them with the key information document in good time before the conclusion of a transaction relating to the investment product . ### a person selling an investment product to retail investors shall provide them with the key information document in good time before the conclusion of a transaction relating to the investment product . when an investment is recommended or advised to a client , the key information document shall be provided to the client without any delay .


### where successive transactions regarding the same investment product are carried out on behalf of a retail investor in accordance with instructions given by that investor to the person selling the investment product prior to the first transaction , the obligation to provide a key information document under paragraph 1 shall only apply to the first transaction . ### where successive transactions regarding the same investment product are carried out on behalf of a retail investor in accordance with instructions given by that investor to the person selling the investment product prior to the first transaction , the obligation to provide a key information document under paragraph 1 shall only apply to the first transaction unless the key information document has been updated or more than six months elapsed since the first transaction .


### the person selling an investment product shall provide the key information document to retail investors free of charge . ### the person selling an investment product shall provide the key information document to retail investors free of charge . that person must be in position to prove that the key information document has been provided according the provision of this regulation .


### the investment product manufacturer shall establish appropriate procedures and arrangements which ensure that retail investors who have submitted a complaint in relation to the key information document receive a substantive reply in a timely and proper manner . ### the investment product manufacturer and seller shall establish appropriate procedures and arrangements which ensure that retail investors who have submitted a complaint in relation to the key information document and the underlying investment products receive a substantive reply in a timely and proper manner .


### sanctions and measures imposed for the breaches referred to in article 19 shall be disclosed to the public without undue delay including at least information on the type of breach of this regulation and the identity of those responsible for it , unless such disclosure would seriously jeopardise the financial markets . where a publication would cause a disproportionate damage to the parties involved , the competent authorities shall publish the sanctions or measures on an anonymous basis . ### sanctions and measures imposed for the breaches referred to in article 19 shall be disclosed to the public without undue delay including at least information on the type of breach of this regulation and the identity of those responsible for it .


### the application and / or interpretation of this directive shall under no circumstances constitute grounds for justifying a reduction in the general level of protection of workers under union social legislation . ### the application and / or interpretation of this directive shall under no circumstances constitute grounds for justifying a reduction in the general level of protection of workers under union social legislation nor be deemed to affect any law , award , custom or agreement which ensures more favourable conditions to the workers concerned than those provided for in this directive .


### complaints related to the maritime labour convention ### maritime labour convention complaints handling procedures


### where a complaint related to matters covered by the maritime labour convention has not been resolved at the ship - board level , the port state control officer shall forthwith notify the flag state , seeking , within a prescribed deadline , advice and a corrective plan of action . a report of the inspection shall be transmitted by electronic means to the inspection database referred to in article 24 . ### where paragraph - 1c does not apply and a complaint related to matters covered by the maritime labour convention has not been resolved at the ship - board level , the port state control officer shall forthwith notify the flag state , seeking , within a prescribed deadline , advice and a corrective plan of action to be submitted by the flag state . a report of the inspection shall be transmitted by electronic means to the inspection database referred to in article 24 .


### the delegation of power referred to in article 30a shall be conferred on the commission for an indeterminate period of time from the date of entry into force of this directive . ### the delegation of power referred to in article 30a shall be conferred on the commission for a period of five years from the date of entry into force of this directive . 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 . provided this report has been drawn up , the delegation of power shall be tacitly extended for periods of an identical duration , unless the european parliament or the council opposes such an extension not later than three months before the end of each period .


### the ship has changed flag for the purpose of avoiding compliance with the mlc . ### there are reasonable grounds to believe that the ship has changed flag for the purpose of avoiding compliance with the mlc .


### article 6 of regulation no 247 / 2006 provides for a transitional period during which the canary islands may continue to receive supplies of determined quantities of milk - based preparations falling within cn codes 1901 90 99 and 2106 90 92 intended for industrial processing . this transitional period expires on 31 december 2009 . the product falling within cn code 1901 90 99 – skimmed milk powder with vegetable fat – is a traditional product for the local consumers , including the most deprived , and has been sold in the canary islands during the last 40 years . the supply of this product has generated a specific local industry ensuring employment and added value . in the current situation of economic crisis it is appropriate to maintain the supply of this specific product and to extend the transitional period set by article 6 of that regulation to 31 december 2013 . ### article 6 of regulation no 247 / 2006 provides for a transitional period during which the canary islands may continue to receive supplies of determined quantities of milk - based preparations falling within cn codes 1901 90 99 and 2106 90 92 intended for industrial processing . this transitional period expires on 31 december 2009 . however , the product falling within cn code 1901 90 99 – skimmed milk powder with vegetable fat – has become a traditional product for the local consumers , including the most deprived . its supply has generated a specific local industry ensuring employment and added value . therefore , it is appropriate to maintain the supply of this specific product , which is used for local consumption only .


### texte proposé par la commission ### amendement article 4 is replaced by the following : 3 . by way of derogation from paragraph 2 , a maximum quantity of 3 000 tonnes of sugar may be dispatched each year from the azores to the rest of the community for the period from 1 january 2010 to 31 december 2019 .


### by way of derogation from article 2 , for the period from 1 january 2010 to 31 december 2013 the canary islands may continue to receive supply of milk - based preparations falling within cn code 1901 90 99 intended for industrial processing of up to 800 tonnes per year . aid granted for supplies of this product from the community may not exceed eur 210 per tonne and shall be included in the limit laid down in article 23 . this product shall be used for local consumption only . ### by way of derogation from article 2 , the canary islands may continue to receive supply of milk - based preparations falling within cn code 1901 90 99 intended for industrial processing of up to 800 tonnes per year . aid granted for supplies of this product from the community may not exceed eur 210 per tonne and shall be included in the limit laid down in article 23 . this product shall be used for local consumption only .


### detailed rules for the application of this paragraph shall be adopted in accordance with the procedure referred to in article 26 of this regulation . ### the method by which the uht milk thus reconstituted has been obtained shall be clearly indicated on the sales labelling .


### for all agreements falling within the scope of this regulation , the member state concerned shall inform the commission without undue delay of any representations made to it that a particular measure is inconsistent with the agreement . the member state shall also immediately inform the commission of any request for dispute settlement lodged under the auspices of the agreement as soon as the member state becomes aware of the request . the member state and the commission shall fully cooperate and take all necessary measures to ensure an effective defence which may include , where appropriate , that the commission participates in the procedure . ### for all agreements falling within the scope of this regulation , the member state concerned shall inform the commission without undue delay of any representations made to it that a particular measure is inconsistent with the agreement . the member state shall also immediately inform the commission of any request for dispute settlement lodged under the auspices of the agreement as soon as the member state becomes aware of the request . the member state and the commission shall fully cooperate and take all the necessary measures to ensure an effective defence . the commission shall participate in the procedure .


### the efficient use of human capital is the most important determinant of an economy ' s competitiveness and is key to addressing the eu ' s demographic challenges , to competing successfully in a globalised economy and to ensuring a comparative advantage vis - à - vis third countries . the pool of highly trained and qualified women is constantly growing as evidenced by the fact that 60 per cent of university graduates are female . a continued failure to draw on this pool in appointments to economic decision - making positions would amount to a failure to fully exploit skilled human capital . ### the efficient use of human capital is the most important determinant of an economy ' s competitiveness , development and growth and is key to addressing the eu ' s demographic challenges , to competing successfully in a globalised economy and to ensuring a comparative advantage vis - à - vis third countries . the pool of highly trained and qualified women is constantly growing as evidenced by the fact that 60 per cent of university graduates are female . a continued failure to draw on this pool in appointments to economic decision - making positions would amount to a failure to fully exploit skilled human capital .


### at company level , it is widely acknowledged that the presence of women on boards improves corporate governance , because team performance and the quality of decision - making are enhanced due to a more diverse and collective mind - set incorporating a wider range of perspectives and therefore reaching more balanced decisions . numerous studies have also shown that there is a positive relationship between gender diversity at top management level and a company ' s financial performance and profitability . enhancing female representation on the boards of publicly listed companies in the union can therefore have a positive impact on the performance of companies concerned . ### at company level , it is widely acknowledged that the presence of women on boards improves corporate governance , because team performance and the quality of decision - making are enhanced due to a more diverse and collective mind - set incorporating a wider range of perspectives as well as a more proactive business model and therefore reaching more balanced decisions . numerous studies have also shown that there is a positive relationship between gender diversity at top management level and a company ' s financial performance and profitability . enhancing female representation on the boards of publicly listed companies in the union can therefore have a positive impact on the performance of companies concerned .


### in several member states , a certain proportion of the non - executive directors can or must be appointed or elected by the company ' s workforce and / or organisations of workers pursuant to national law or practice . the quantitative objectives provided for in this directive should apply to all non - executive directors including employee representatives . however , the practical procedures for ensuring that those objectives are attained , taking into account the fact that some non - executive directors are employee representatives , should be defined by the member states concerned . ### in several member states , a certain proportion of the non - executive directors can or must be appointed or elected by the company ' s workforce and / or organisations of workers pursuant to national law or practice . the quantitative objectives provided for in this directive should apply to all non - executive directors including employee representatives . however , the practical procedures for ensuring that those objectives are attained , taking into account the fact that some non - executive directors are employee representatives , should be defined by the member states concerned on the basis of careful and extensive consultations with social partners at the national level .


### member states should require listed companies to provide information on the gender composition of their boards as well as information on how they managed to meet the objectives laid down in this directive , on a yearly basis to the competent national authorities in order to enable them to assess the progress of each listed company towards gender balance among directors . such information should be published and , where the company in question has not met the objective , it should include a description of the measures that it has taken so far and intends to take in the future in order to meet the objective . ### member states should require listed companies to provide information on the gender composition of their boards as well as information on how they managed to meet the objectives laid down in this directive , on a yearly basis to the competent national authorities in order to enable them to assess the progress of each listed company towards gender balance among directors . such information should be published in an appropriate and easily accessible manner in the annual report and on the website and , where the company in question has not met the objective , it should include a comprehensive description of the measures that it has taken so far and intends to take in the future in order to meet the objective .


### the member state responsible for the farm shall submit within one week of the completion of the caging operation a caging report , validated by an observer , to the member state or cpc whose flag vessels have fished the tuna and to the commission . the commission shall promptly forward that information to the iccat secretariat . this report shall contain the information included in the caging declaration as set out in the iccat recommendation [ 06 - 07 ] on bluefin tuna farming . ### the member state responsible for the farm shall submit within one week of the completion of the caging operation a caging report , validated by an observer , to the member state or cpc whose flag vessels have fished the tuna and to the commission . the commission shall promptly forward that information to the iccat secretariat . this report shall contain the information included in the caging declaration as set out in the iccat recommendation [ 06 - 07 ] on bluefin tuna farming . when the farming facilities authorised to operate for farming of bluefin tuna caught in the convention area are located beyond waters under jurisdiction of cpcs , this paragraph shall apply , mutatis mutandis , to cpcs where the natural or legal persons responsible for ffbs are located .


### if the investigation is not concluded within 10 working days or if the outcome of the investigation indicates that the number and or average weight of bluefin tuna is in excess of 10% of that declared by the farm operator , the flag cpc or member state responsible for the catching vessel shall issue a release order for the quantities in excess . ### if the investigation is not concluded within 10 working days or if the outcome of the investigation indicates that the number and or average weight of bluefin tuna is in excess of 10% of that declared by the farm operator , the flag cpc or member state responsible for the catching vessel shall issue a release order for the number and / or weight in excess .


### the joint eu – africa strategy is of relevance for relations with the mediterranean neighbours from north africa . ### the joint eu – africa strategy is of relevance for relations with the mediterranean neighbours from north africa , especially in the current state of the post - arab spring development .


### european union external support has increasing financing needs but the economic and budgetary situation of the union limits the resources available for such support . the commission must therefore seek the most efficient use of available resources by using financial instruments with leverage effect . such effect could be increased by enabling the use and re - use of funds invested and generated by financial instruments . ### european union external support has increasing financing needs but the economic and budgetary situation of the union limits the resources available for such support . the commission must therefore seek the most efficient use of available resources by using financial instruments with leverage effect . such effect could be increased by enabling the use and re - use of funds invested and generated by financial instruments . it should be borne in mind in this regard that the union has at its disposal a limited number of ' soft power ' instruments with leverage effect and that financial instruments are one of them .


### as referred to in article 13 , paragraph 2 of the ‘ erasmus for all’ regulation , in order to promote the international dimension of higher education , an indicative amount of eur 1 812 100 000 from the different external instruments , will be allocated to actions of learning mobility to or from non eu countries and to cooperation and policy dialogue with authorities / institutions / organisations from these countries . the provisions of the ‘ erasmus for all’ regulation will apply to the use of those funds . ### as referred to in article 13 , paragraph 2 of the ‘ erasmus for all’ regulation , in order to promote the international dimension of higher education , an indicative amount of eur 1 812 100 000 from the different external instruments , will be allocated to actions of learning mobility to or from non eu countries and to cooperation and policy dialogue with authorities / institutions / organisations from these countries . the provisions of the ‘ erasmus for all’ regulation will apply to the use of those funds , especially if education as such can act as one of the most important catalysts in the democratic process .


### the programme covers education at all levels , in a lifelong learning perspective , in particular higher education , vocational education and training and adult learning , school education and youth . ### the programme covers education at all levels , in a lifelong learning perspective , in particular higher education , vocational education and training , informal education and adult learning , school education and youth , and shall also support activities in the field of sport .


### technical assistance , including management , monitoring , information and communication , complaint resolution , and control and audit , is not eligible for a contribution from the fund . ### technical assistance , including management , monitoring , information and communication , complaint resolution , and control and audit , is eligible for a contribution from the fund but cannot exceed 2 % of the total amount of the contribution .


### on the basis of the information referred to in paragraph 1 , and any clarifications to be provided by the eligible state , the commission shall assess whether the conditions for mobilising the fund are met and shall determine the amount of any possible contribution from the fund as quickly as possible within the limits of the financial resources available . ### on the basis of the information referred to in paragraph 1 , and any clarifications to be provided by the eligible state , the commission shall assess whether the conditions for mobilising the fund are met and shall determine the amount of any possible contribution from the fund as quickly as possible , and no later than five weeks after receiving the application , within the limits of the financial resources available .


### the commission shall make a preliminary assessment of whether the application fulfils the conditions laid down in article 4 and verify the availability of budgetary resources . where those conditions are fulfilled and sufficient resources are available , the commission may adopt a decision awarding the advance and pay it out without delay before the decision referred to in article 4 has been taken . the payment of an advance shall be made without prejudice to the final decision on the mobilisation of the fund . ### the commission shall without delay make a preliminary assessment of whether the application fulfils the conditions laid down in article 4 and verify the availability of budgetary resources . where those conditions are fulfilled and sufficient resources are available , the commission may adopt a decision awarding the advance and pay it out without delay before the decision referred to in article 4 has been taken . the payment of an advance shall be made without prejudice to the final decision on the mobilisation of the fund .


### the amount of the advance shall not exceed 10 % of the amount of the contribution anticipated and shall in no case exceed eur 30 000 000 . once the definitive amount of the contribution has been determined , the commission shall take into account the sum of the advance prior to the balance of the contribution being paid . the commission shall recover unduly paid advances . ### the amount of the advance shall not exceed 15 % of the amount of the contribution anticipated and shall in no case exceed eur 40 000 000 . once the definitive amount of the contribution has been determined , the commission shall take into account the sum of the advance prior to the balance of the contribution being paid . the commission shall recover unduly paid advances


### the contribution from the fund shall be used within one year from the date on which the commission has disbursed the full amount of the assistance . any part of the contribution remaining unused by that deadline or found to be used for ineligible operations shall be recovered by the commission from the beneficiary state . ### the contribution from the fund shall be used within 18 months from the date on which the commission has disbursed the full amount of the assistance . any part of the contribution remaining unused by that deadline or found to be used for ineligible operations shall be recovered by the commission from the beneficiary state .


### ‘ salvage logging’ is any activity consisting of recovering timber affected by a natural disturbance and that can still be used at least in part . ### ‘ salvage logging’ is any activity consisting of recovering timber affected by a natural disturbance and that can still be used .


### the new psychoactive substances subjected to permanent market restriction pursuant to [ regulation no … / … on new psychoactive substances ] should , therefore , be covered by the union criminal law provisions on illicit drug trafficking . this would also help streamline and clarify the union legal framework , as the same criminal law provisions would apply to substances covered by the un conventions and to the most harmful new psychoactive substances . the definition of ‘ drug’ in the framework decision 2004 / 757 / jha should , therefore , be amended . ### new psychoactive substances subjected to permanent market restriction pursuant to [ regulation no . . . / . . . on new psychoactive substances ] should , once they have been added to the annex to the framework decision 2004 / 757 / jha , therefore be covered by the union criminal law on illicit drug trafficking . in order to add such substances in the annex , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission in respect of amending the annex and thereby the definition of drug in the framework decision 2004 / 757 / jha . 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 swiftly address the emergence and spread of harmful new psychoactive substances in the union , member states should apply the provisions of the framework decision 2004 / 757 / jha to new psychoactive substances posing severe health , social and safety risks within twelve months from their submission to permanent market restriction under [ regulation no … / … on new psychoactive substances ] . ### in order to swiftly address the emergence and spread of harmful new psychoactive substances in the union , member states should apply , within 12 months of those new psychoactive substances being added to the annex to framework decision 2004 / 757 / jha , the provisions of that framework decision . . . to new psychoactive substances which have been subjected to permanent market restrictions pursuant to [ regulation no . . . / . . . on new psychoactive substances ] on account of the severe health , social and safety risks which they pose .


### in respect of new psychoactive substances subjected to permanent market restriction on the basis of [ article 13 of regulation no … / … on new psychoactive substances ] , member states shall bring into force the laws , regulations and administrative provisions necessary to apply the provisions of this framework decision to these new psychoactive substances within twelve months after entry into force of the permanent market restriction . they shall forthwith communicate to the commission the text of those provisions . ### in respect of new psychoactive substances subjected to permanent market restriction on the basis of [ article 13 of regulation no . . . / . . . on new psychoactive substances ] , member states shall bring into force the laws , regulations and administrative provisions necessary to apply the provisions of this framework decision to these new psychoactive substances within twelve months after the addition of those new psychoactive substances to the annex . they shall forthwith communicate to the commission the text of those provisions .


### in its communication entitled “european financial supervision” of 27 may 2009 , the commission set out a series of reforms to the current arrangements for safeguarding financial stability at the eu level , notably including the creation of a european systemic risk board responsible for macro - prudential oversight . the council on 9 june 2009 and the european council at its meeting of 18 and 19 june supported the view of the commission and welcomed the commission’s intention to bring forward legislative proposals so that the new framework is in place in the course of 2010 . in line with the views of the commission , it concluded inter alia that the ecb “should provide analytical , statistical , administrative and logistical support to the esrb , also drawing on technical advice from national central banks and supervisors” . ### in its communication entitled “european financial supervision” of 27 may 2009 , the commission set out a series of reforms to the current arrangements for safeguarding financial stability at the eu level , notably including the creation of a european systemic risk board responsible for macro - prudential oversight . the council on 9 june 2009 and the european council at its meeting of 18 and 19 june supported the view of the commission and welcomed the commission’s intention to bring forward legislative proposals so that the new framework is in place in the course of 2010 . in line with the views of the commission , it concluded inter alia that the ecb “should provide analytical , statistical , administrative and logistical support to the esrb , also drawing on technical advice from national central banks and supervisors” . the support provided to the esrb by the ecb as well as the tasks conferred upon the esrb should be without prejudice to the principle of the independence of the ecb in the performance of its tasks pursuant to the treaty on the functioning of the european union .


### ‘ financial system’ means all financial institutions , markets and market infrastructures . ### ‘ financial system’ means all financial institutions , markets , products and market infrastructures .


### the esrb shall be responsible for the macro - prudential oversight of the financial system within the community in order to prevent or mitigate systemic risks within the financial system , so as to avoid episodes of widespread financial distress , contribute to a smooth functioning of the internal market and ensure a sustainable contribution of the financial sector to economic growth . ### the esrb shall be responsible for the macro - prudential oversight of the financial system within the community in order to prevent or mitigate systemic risks within the financial system , so as to avoid periods of widespread financial distress and to ensure a sustainable contribution of the financial sector to economic growth , thereby contributing to achieving the objectives of the union pursuant to article 3 of the treaty on european union .


### in performing its tasks , the esrb shall seek , where appropriate , the advice of relevant private sector stakeholders . ### in performing its tasks , the esrb shall seek , where appropriate , the views of relevant private or public sector stakeholders , particularly , but not exclusively , the stakeholder groups of the esas .


### the esrb may request information from the european supervisory authorities in summary or collective form , such that individual financial institutions cannot be identified . if the requested data are not available to those authorities or are not made available in a timely manner , the esrb may request the data from national supervisory authorities , national central banks or other authorities of member states . ### on the request of the esrb , the european supervisory authorities shall provide information in summary or collective form . if the requested data are not available to those authorities or are not made available in a timely manner , national supervisory authorities , national central banks or other authorities of member states shall provide the appropriate data pursuant to a request by the esrb .


### the warnings or recommendations shall also be transmitted to the council and , where addressed to one or more national supervisory authority , to the european supervisory authorities . ### all the warnings or recommendations shall also be transmitted to the council , to the chairperson of the responsible committee of the european parliament and to the european supervisory authorities .


### the general board of the esrb shall decide whether a warning or a recommendation should be made public on a case - by - case basis . by derogation to article 10 , a qualified majority of two - thirds of the votes is needed to make a warning or recommendation public . ### the general board of the esrb shall decide on a case - by - case basis whether a warning or a recommendation should be made public . warnings and recommendations should be kept confidential only in those cases where there is an apparent risk that they could prompt seriously destabilising market reactions . deviating from article 10 , the non - disclosure of a warning or recommendation requires a qualified two - thirds majority of the votes cast .


### the esrb shall also examine specific issues at the invitation of the council or the commission . ### the esrb shall also examine specific issues at the invitation of the council , the european parliament or the commission .


### in the spirit of the europe 2020 strategy for sustainable growth and jobs , the development of further renewable sources and the promotion of energy efficiency would contribute to greener growth , building a competitive and sustainable economy , and tackling climate change . by giving support to these policies , europe will create new jobs and green market opportunities fostering the development of a competitive , secure and sustainable economy ; ### in the spirit of the europe 2020 strategy for sustainable growth and jobs and in line with the eu climate and energy package and its energy efficiency action plan , the development of further renewable sources and the promotion of energy efficiency would contribute to greener growth , building a competitive and sustainable economy , and tackling climate change . by giving support to these policies , europe will create new jobs and green market opportunities fostering the development of a competitive , secure and sustainable economy ;


### a dedicated financial instrument to support energy efficiency and renewable initiatives within the sustainable energy financing initiative should therefore be created to use the uncommitted funds under chapter ii of regulation no 663 / 2009 . this financial facility should support the development of bankable energy efficiency and renewable energy projects and facilitates the financing of investment programmes in energy efficiency and renewable energy by local and regional public authorities , in particular in urban settings ; ### a dedicated financial instrument to support energy efficiency and renewable initiatives within the sustainable energy financing initiative should therefore be created by the end of 2010 to use the uncommitted funds under chapter ii of regulation no 663 / 2009 . in order to enter these appropriations in the eu budget , a specific budget line should be created for this purpose . this financial facility should support the development of bankable energy efficiency and renewable energy projects and facilitates the financing of investment programmes in energy efficiency and renewable energy by local and regional public authorities , in particular in urban settings .


### so as to maximise the impact of the eu funding in the short term , the facility should be managed by one or several financial intermediaries such as international financial institutions . the selection should be operated on the basis of the demonstrated capacity of the financial intermediaries to use the funding in the most efficient and effective way and with the highest leverage between the eu funding and the total investment in order to raise significant investments in the eu . ### so as to maximise the impact of the eu funding in the short term , the facility should be managed by one or several financial intermediaries such as international financial institutions . the selection should be operated on the basis of the demonstrated capacity of the financial intermediaries to use the funding in the most efficient and effective way and with the highest leverage between the eu funding and the total investment in order to raise significant investments in the eu . however , in times of financial and economic crisis which have a particular adverse effect on regional and local authorities ' finances it needs to be ensured that the difficult budgetary situation of the beneficiaries of the mechanism does not hinder them from being able to access the funds ;


### this regulation shall allow for the creation of financial instruments to support energy efficiency and renewable initiatives ; ### this regulation shall allow for the creation of financial instruments to support energy efficiency and renewable initiatives of a local and regional nature . the new financial instrument shall be established by the end of 2010 ;


### in compliance with article 3 , appropriations that could not be subject to individual legal commitments under chapter ii for an amount of eur 114 million , and eventually other appropriations that become available as a result of total or partial non - implementation of the projects according to chapter ii shall be for a financial facility within the sustainable energy financing initiative . ### in compliance with article 3 , appropriations that could not be subject to individual legal commitments under chapter ii for an amount of eur 114 million , and eventually other appropriations that become available as a result of total or partial non - implementation of the projects according to chapter ii shall be for a financial facility within the sustainable energy financing initiative . additionally , an amount of eur 15 million from the eu action programme to combat climate change &#160 ; shall be allocated to the facility . this amount shall be accommodated by using all the provisions of the interinstitutional agreement of 17 may 2006 , notably its point 23 , in order to modify the ceilings of headings 1a and 2 accordingly . the commission shall therefore proceed with the necessary proposals concerning the adjustment of the ceilings and the&#160 ; creation of a new separate budget line for the facility in the 2010&#160 ; budget .


### state to state transactions or state transfers ; ### member state to member state transactions or member state transfers ;


### the transit measures as established by this regulation will not apply to temporary exports . ### the transit measures as established by this regulation will not apply to temporary exports of firearms , their essential parts or ammunition for verifiable lawful purposes , which include hunting , sport shooting , evaluation , exhibitions and repair .


### when leaving the customs territory of the union through a point of crossing of the external border of a member state other than that of their residence , for the temporary export of one or more firearms during a journey to a third country , hunters and sport shooters may produce a valid european firearms pass issued pursuant to articles 1 and 12 of directive 91 / 477 / eec by the competent authority of the member state of their residence . ### when leaving or re - entering the customs territory of the union through a point of crossing of the external border of a member state other than that of their residence , for the temporary export of one or more firearms , their essential parts or ammunition during a journey to a third country , hunters and sport shooters may produce a valid european firearms pass issued pursuant to articles 1 and 12 of directive 91 / 477 / eec by the competent authority of the member state of their residence .


### considerations about intended end use , consignee and the risk of diversion . ### considerations about intended end use , consignee and the risk of diversion , bearing in mind the union ' s efforts in terms of non - proliferation , the fight against illegal trafficking of weapons into conflict zones and the spread of small arms in the world .


### member states shall - to the extent possible - take such measures as may be necessary to ensure that the authorisation procedures are secure and that the authenticity of authorisation documents can be verified or validated . ### member states shall take such measures as may be necessary to ensure that the authorisation procedures are secure and that the authenticity of authorisation documents can be verified or validated .


### any processing of personal data should be lawful , fair and transparent in relation to the individuals concerned . in particular , the specific purposes for which the data are processed should be explicit and legitimate and determined at the time of the collection of the data . the data should be adequate , relevant and limited to the minimum necessary for the purposes for which the data are processed ; this requires in particular ensuring that the data collected are not excessive and that the period for which the data are stored is limited to a strict minimum . personal data should only be processed if the purpose of the processing could not be fulfilled by other means . every reasonable step should be taken to ensure that personal data which are inaccurate are rectified or deleted . in order to ensure that the data are not kept longer than necessary , time limits should be established by the controller for erasure or for a periodic review . ### any processing of personal data should be lawful , fair and transparent in relation to the individuals concerned . in particular , the specific purposes for which the data are processed should be explicit and legitimate and determined at the time of the collection of the data . the data should be adequate , relevant and limited to the minimum necessary for the purposes for which the data are processed ; this requires in particular ensuring that the data collected are not excessive and that the period for which the data are stored is limited to a strict minimum . every reasonable step should be taken to ensure that personal data which are inaccurate are rectified or deleted . in order to ensure that the data are not kept longer than necessary , time limits should be established by the controller for erasure or for a periodic review .


### derogating from the prohibition on processing sensitive categories of data should also be allowed if done by a law , and subject to suitable safeguards , so as to protect personal data and other fundamental rights , where grounds of public interest so justify and in particular for health purposes , including public health and social protection and the management of health - care services , especially in order to ensure the quality and cost - effectiveness of the procedures used for settling claims for benefits and services in the health insurance system , or for historical , statistical and scientific research purposes . ### derogating from the prohibition on processing sensitive categories of data should also be allowed if done by a law , and subject to suitable safeguards , so as to protect personal data and other fundamental rights , where grounds of public interest so justify and in particular for health purposes , including public health and social protection and the management of health - care services , including information sent via electronical text messages or e - mail to patients regarding appointments at hospitals or clinics , especially in order to ensure the quality and cost - effectiveness of the procedures used for settling claims for benefits and services in the health insurance system , or for historical , statistical and scientific research purposes .


### a personal data breach may , if not addressed in an adequate and timely manner , result in substantial economic loss and social harm , including identity fraud , to the individual concerned . therefore , as soon as the controller becomes aware that such a breach has occurred , the controller should notify the breach to the supervisory authority without undue delay and , where feasible , within 24 hours . where this cannot achieved within 24 hours , an explanation of the reasons for the delay should accompany the notification . the individuals whose personal data could be adversely affected by the breach should be notified without undue delay in order to allow them to take the necessary precautions . a breach should be considered as adversely affecting the personal data or privacy of a data subject where it could result in , for example , identity theft or fraud , physical harm , significant humiliation or damage to reputation . the notification should describe the nature of the personal data breach as well as recommendations as well as recommendations for the individual concerned to mitigate potential adverse effects . notifications to data subjects should be made as soon as reasonably feasible , and in close cooperation with the supervisory authority and respecting guidance provided by it or other relevant authorities . for example , the chance for data subjects to mitigate an immediate risk of harm would call for a prompt notification of data subjects whereas the need to implement appropriate measures against continuing or similar data breaches may justify a longer delay . ### a personal data breach may , if not addressed in an adequate and timely manner , result in substantial economic loss and social harm , including identity fraud , to the individual concerned . therefore , as soon as the controller becomes aware that such a breach has occurred , the controller should notify the breach to the supervisory authority without undue delay and , where feasible , within 72 hours . where this cannot achieved within 72 hours , an explanation of the reasons for the delay should accompany the notification . the individuals whose personal data could be adversely affected by the breach and which is likely to lead to significant risk of harm to the data subject , thereby avoiding information overload for the data subject , should be notified without undue delay in order to allow them to take the necessary precautions . a breach should be considered as adversely affecting the personal data or privacy of a data subject where it could result in , for example , identity theft or fraud , physical harm , significant humiliation or damage to reputation . the notification should describe the nature of the personal data breach as well as recommendations as well as recommendations for the individual concerned to mitigate potential adverse effects . notifications to data subjects should be made as soon as reasonably feasible , and in close cooperation with the supervisory authority and respecting guidance provided by it or other relevant authorities . for example , the chance for data subjects to mitigate an immediate risk of harm would call for a prompt notification of data subjects whereas the need to implement appropriate measures against continuing or similar data breaches may justify a longer delay .


### where the processing of personal data in the context of the activities of an establishment of a controller or a processor in the union takes place in more than one member state , one single supervisory authority should be competent for monitoring the activities of the controller or processor throughout the union and taking the related decisions , in order to increase the consistent application , provide legal certainty and reduce administrative burden for such controllers and processors . ### where the processing of personal data in the context of the activities of an establishment of a controller or a processor in the union takes place in more than one member state , one single supervisory authority should be competent for monitoring the processing activities of the controller or processor throughout the union and taking the related decisions , in order to increase the consistent application , provide legal certainty and reduce administrative burden for such controllers and processors . by way of derogation from article 51 , when the processing of personal data is not mainly carried out by the main establishment , but by one of the other establishments of the controller or processor situated in the european union , the competent supervisory authority for those processing operations shall be that of the member state where that other establishment is situated . in keeping with the provisions of chapter vii , this derogation shall be without prejudice to the right of the supervisory authority of the member state where the main establishment is situated to require an additional declaration .


### this regulation applies to the processing of personal data in the context of the activities of an establishment of a controller or a processor in the union . ### this regulation applies to the processing of personal data in the context of the activities of an establishment of a controller or a processor in the union , whether the processing takes place in the union or not .


### adequate , relevant , and limited to the minimum necessary in relation to the purposes for which they are processed ; they shall only be processed if , and as long as , the purposes could not be fulfilled by processing information that does not involve personal data ; ### adequate , relevant , and not excessive in relation to the purposes for which they are processed ;


### for the purposes of this regulation , in relation to the offering of information society services directly to a child , the processing of personal data of a child below the age of 13 years shall only be lawful if and to the extent that consent is given or authorised by the child ' s parent or custodian . the controller shall make reasonable efforts to obtain verifiable consent , taking into consideration available technology . ### for the purposes of this regulation , in relation to the offering of information society services directly to a child , the processing of personal data of a child below 18 years shall only be lawful if and to the extent that consent is given or authorised by the child ' s parent or custodian . the controller shall make reasonable efforts to obtain verifiable consent , taking into consideration available technology without causing unnecessary processing of data besides the purpose of the consent .


### the processing of personal data , revealing race or ethnic origin , political opinions , religion or beliefs , trade - union membership , and the processing of genetic data or data concerning health or sex life or criminal convictions or related security measures shall be prohibited . ### the processing of personal data , revealing race or ethnic origin , political opinions , religion or beliefs , trade - union membership and activities , and the processing of genetic data or data concerning health or sex life or criminal convictions or related security measures shall be prohibited .


### the data subject has given consent to the processing of those personal data , subject to the conditions laid down in articles 7 and 8 , except where union law or member state law provide that the prohibition referred to in paragraph 1 may not be lifted by the data subject ; or ### the data subject has given consent to the processing of those personal data , subject to the conditions laid down in articles 7 and 8 , except where union law or member state law provide that the prohibition referred to in paragraph 1 may not be lifted by the data subject . in particular , this would include safeguards to prevent the blacklisting of workers , for example in relation to their trade union activities or health and safety representative roles ; or


### the controller shall establish procedures for providing the information referred to in article 14 and for the exercise of the rights of data subjects referred to in article 13 and articles 15 to 19 . the controller shall provide in particular mechanisms for facilitating the request for the actions referred to in article 13 and articles 15 to 19 . where personal data are processed by automated means , the controller shall also provide means for requests to be made electronically . ### the controller shall establish procedures for providing the information referred to in article 14 and for the exercise of the rights of data subjects referred to in article 13 and articles 15 to 19 . the controller shall provide in particular mechanisms for facilitating the request for the actions referred to in article 13 and articles 15 to 19 . where personal data are processed by automated means , the controller shall also provide means for requests to be made electronically . the procedures referred to in this article can be procedures already established by public authorities in the member states provided that the procedures comply with the provisions of the regulation .


### the data subject shall have the right to obtain from the controller communication of the personal data undergoing processing . where the data subject makes the request in electronic form , the information shall be provided in electronic form , unless otherwise requested by the data subject . ### the data subject shall have the right to obtain from the controller communication of the personal data undergoing processing and profiling . where the data subject makes the request in electronic form , the information shall be provided in electronic form , unless otherwise requested by the data subject .


### where personal data are processed for direct marketing purposes , the data subject shall have the right to object free of charge to the processing of their personal data for such marketing . this right shall be explicitly offered to the data subject in an intelligible manner and shall be clearly distinguishable from other information . ### where personal data are processed for direct marketing purposes , the data subject shall have the right to object free of charge to the processing of their personal data for such marketing . this right shall be explicitly offered in a manner intelligible to the data subject and shall be clearly distinguishable from other information .


### the communication to the data subject referred to in paragraph 1 shall describe the nature of the personal data breach and contain at least the information and the recommendations provided for in points and of article 31 . ### the communication to the data subject referred to in paragraph 1 shall describe the nature of the personal data breach and contain at least the information and the recommendations provided for in points , and of article 31 .


### the controller or processor shall designate the data protection officer on the basis of professional qualities and , in particular , expert knowledge of data protection law and practices and ability to fulfil the tasks referred to in article 37 . the necessary level of expert knowledge shall be determined in particular according to the data processing carried out and the protection required for the personal data processed by the controller or the processor . ### the controller or processor shall designate the data protection officer on the basis of professional qualities and , in particular , expert knowledge of data protection law and practices and ability to fulfil the tasks referred to in article 37 . the necessary level of expert knowledge shall be determined in particular according to the data processing carried out and the protection required for the personal data processed by the controller or the processor . the data protection officer must be given sufficient time and resources to carry out these tasks .


### without prejudice to any other administrative or judicial remedy , every data subject shall have the right to lodge a complaint with a supervisory authority in any member state if they consider that the processing of personal data relating to them does not comply with this regulation . ### without prejudice to any other administrative or judicial remedy , every data subject shall have the right to lodge a complaint with a supervisory authority in any member state if they consider that the processing of personal data relating to them does not comply with this regulation . this complaint must not inflict costs on the data subject .


### any person who has suffered damage as a result of an unlawful processing operation or of an action incompatible with this regulation shall have the right to receive compensation from the controller or the processor for the damage suffered . ### any person who has suffered material or immaterial damage as a result of an unlawful processing operation or of an action incompatible with this regulation shall have the right to receive compensation from the controller or the processor for the damage suffered .


### any person who has suffered damage as a result of an unlawful processing operation or of an action incompatible with this regulation shall have the right to receive compensation from the controller or the processor for the damage suffered . ### any person who has suffered damage as a result of an unlawful processing operation , including blacklisting , or of an action incompatible with this regulation shall have the right to receive compensation from the controller or the processor for the damage suffered and for any emotional injury .


### within the limits of this regulation , member states may adopt by law specific rules regulating the processing of employees ' personal data in the employment context , in particular for the purposes of the recruitment , the performance of the contract of employment , including discharge of obligations laid down by law or by collective agreements , management , planning and organisation of work , health and safety at work , and for the purposes of the exercise and enjoyment , on an individual or collective basis , of rights and benefits related to employment , and for the purpose of the termination of the employment relationship . ### within the limits of this regulation , member states may adopt by law specific rules regulating the processing of employees ' personal data in the employment context , in particular for the purposes of the recruitment , the performance of the contract of employment , including discharge of obligations laid down by law or by collective agreements , management , planning and organisation of work , health and safety at work , and for the purposes of the exercise and enjoyment , on an individual or collective basis , of rights and benefits related to employment , and for the purpose of the termination of the employment relationship . this regulation must , in accordance with the principles of article 5 , respect collective agreements regarding decentralized regulation of the employer ' s data processing concluded in accordance with this regulation .


### within the limits of this regulation , member states may adopt by law specific rules regulating the processing of employees ' personal data in the employment context , in particular for the purposes of the recruitment , the performance of the contract of employment , including discharge of obligations laid down by law or by collective agreements , management , planning and organisation of work , health and safety at work , and for the purposes of the exercise and enjoyment , on an individual or collective basis , of rights and benefits related to employment , and for the purpose of the termination of the employment relationship . ### member states may , in accordance with national law and practices , adopt specific rules regulating the processing of employees ' personal data in the employment context on the labour market , in particular but not limited to for the purposes of the recruitment , the performance of the contract of employment , including discharge of obligations laid down by law or by collective agreements , management , planning and organisation of work , health and safety at work , and for the purposes of the exercise and enjoyment , on an individual or collective basis , of rights and benefits related to employment , and for the purpose of the termination of the employment relationship .


### the commission shall be empowered to adopt delegated acts in accordance with article 86 for the purpose of further specifying the criteria and requirements for the safeguards for the processing of personal data for the purposes referred to in paragraph 1 . ### this regulation recognizes the role of the social partners . in member states where it has been left to the parties on the labour market to regulate wages and other work conditions through collective agreements , the social partners ' obligations and rights under collective agreements should be taken into specific consideration when applying article 6 . 1 .


### to fight fraud and to enhance competitiveness , safety and security by enhancing cooperation with international organisations , third countries , other governmental authorities , economic operators and their organisations . ### to fight fraud , protect intellectual property and enhance competitiveness , safety and security by enhancing cooperation with international organisations , third countries , other governmental authorities and economic operators .


### the commission shall , in cooperation with the participating countries , monitor the programme and its actions in order to follow the implementation of actions carried out . ### the commission shall , in cooperation with the participating countries , monitor the programme and its actions in order to follow the implementation of actions carried out . the indicators used by the commission for the purpose of monitoring the operation of the programme shall include those set out in articles 5 and 6 and in the annual work programmes .


### ' notwithstanding paragraphs 1 and 2 , libraries , museums and archives may charge over and above the marginal costs for the re - use of documents they hold . ' ### ' notwithstanding paragraphs 1 and 2 , libraries , museums , archives and public sector bodies serving similar purposes to the above may charge over and above the marginal costs for the re - use of documents they hold . '


### vehicles of historic interest are supposed to conserve heritage of the époque they have been built and considered to be hardly used on public roads , it should be left to member states to extend the period of periodic roadworthiness testing for such vehicles . it should also be for member states to regulate roadworthiness testing of other types of specialised vehicles . ### vehicles of historic interest are supposed to conserve heritage of the époque in which they were built . they are a cultural asset and not normally used as everyday vehicles . it should be left to member states to extend the period of periodic roadworthiness testing for such vehicles . however , that right must not result in the application of more stringent standards than those for which they were originally designed . it should also be for member states to regulate roadworthiness testing of other types of specialised vehicles .


### roadworthiness tests should cover all items relevant to the specific design , construction and equipment of the tested vehicle . within these items and considering the current state of vehicle technology , modern electronic systems should be included in the list of items to be tested . to achieve a harmonisation of roadworthiness testing , testing methods should be provided for each of the test items . ### roadworthiness tests should cover all items relevant to the specific design , construction and equipment of the tested vehicle . these items should be updated to take account of evolving research and technical progress on vehicle safety . substandard wheels , whereby wheels are fitted onto non - standard axles , should be treated as a critical safety item and should therefore be included in roadworthiness testing . within these items and considering the current state of vehicle technology , modern electronic systems should be included in the list of items to be tested . to achieve a harmonisation of roadworthiness testing , testing methods should be provided for each of the test items .


### the holder of the registration of a vehicle subject to a roadworthiness test during which deficiencies are found , in particular those which represent a risk to road safety , should rectify such deficiencies without delay . in case of dangerous deficiencies , the registration of the vehicle should be withdrawn until those deficiencies are fully rectified . ### the holder of the registration of a vehicle subject to a roadworthiness test during which deficiencies are found , in particular those which represent a risk to road safety , should rectify such deficiencies without delay . in case of dangerous deficiencies , the vehicle should not be driven on public roads until those deficiencies are fully rectified .


### odometer fraud is considered to affect between 5% and 12% of used cars sales , resulting in a very important cost to society of several billions euros yearly and in an incorrect evaluation of a roadworthiness condition of a vehicle . with a view to combat odometer fraud , the recording of mileage in the roadworthiness certificate combined with the obligation to present the certificate of the previous test would facilitate the detection of tampering or manipulation of the odometer . odometer fraud should also be more systematically considered as an offence liable to a penalty . ### odometer fraud is considered to affect between 5% and 12% of domestic used cars sales and between 30% and 40% of cross border sales , resulting in a very important cost to society of several billion euros yearly and in an incorrect evaluation of a roadworthiness condition of a vehicle . with a view to combat odometer fraud , the recording of mileage in the roadworthiness certificate combined with the obligation to present the certificate of the previous test would facilitate the detection of tampering or manipulation of the odometer . odometer fraud should also be systematically considered as an offence liable to a penalty . member states should take all necessary measures to ensure the accuracy of the odometer reading during the entire lifetime of a vehicle . this can be done by gathering in a mileage registration database information on the vehicle ' s mileage that is already being recorded by the various actors of the automobile sector , such as official dealers , repairers , or testing centres .


### roadworthiness tests shall be carried out by inspectors fulfilling the minimum competence and training requirements laid down in annex vi . ### roadworthiness tests shall be carried out by inspectors fulfilling the minimum competence , education and training laid down in annex vi and the requirements of the member state in which they are appointed . the member states may prescribe additional requirements for their territories .


### member states shall deliver a certificate to inspectors who fulfil the minimum competence and training requirements . this certificate shall include at least the information mentioned in annex vi , point 3 . ### member states shall deliver a certificate to inspectors who fulfil the minimum competence and training requirements laid down in the regulation and additional national requirements . this certificate shall include at least the information mentioned in annex vi , point 3 .


### the delegation of power referred to in article 17 shall be conferred for an indeterminate period of time from [ the date of entry into force of this regulation ] . ### the delegation of power referred to in article 17 shall be conferred for a period of five years from [ the date of entry into force of this regulation ] . the commission shall present a report on the delegation of power no later than nine months before the end of that five - year period . the delegation of power shall be tacitly extended for periods of identical duration unless the european parliament or council opposes such an extension not later than 3 months before the end of each period .


### over the period 2001 - 11 , barely 30 % of the budget earmarked for information provision and promotion measures under regulation no 3 / 2008 was spent on measures targeting third - country markets , even though these markets offer major growth potential . with the aim of reaching 75 % of estimated expenditure , specific arrangements are therefore required to encourage a larger number of information provision and promotion measures for union agricultural products in third countries , in particular through increased financial support ### over the period 2001 - 11 , barely 30 % of the budget earmarked for information provision and promotion measures under regulation no 3 / 2008 was spent on measures targeting third - country markets , even though these markets offer major growth potential . specific arrangements are therefore required to encourage a larger number of information provision and promotion measures for union agricultural products in third countries , in particular through increased financial support .


### over the period 2001 - 11 , barely 30 % of the budget earmarked for information provision and promotion measures under regulation no 3 / 2008 was spent on measures targeting third - country markets , even though these markets offer major growth potential . with the aim of reaching 75 % of estimated expenditure , specific arrangements are therefore required to encourage a larger number of information provision and promotion measures for union agricultural products in third countries , in particular through increased financial support ### over the period 2001 - 11 , barely 30 % of the budget earmarked for information provision and promotion measures under regulation no 3 / 2008 was spent on measures targeting third - country markets , even though these markets offer major growth potential . with the aim of reaching 50 % of estimated expenditure , specific arrangements are therefore required to encourage a larger number of information provision and promotion measures for union agricultural products in third countries , in particular through increased financial support


### information measures aimed at stressing the characteristics of agricultural and food products and on the themes referred to in article 5 ; ### information and promotion measures aimed at stressing the specific features of agricultural productions methods in the union , particularly in terms of food safety , traceability , eu labelling systems , authenticity , history , nutritional and health aspects , animal welfare , sustainability , respect for the environment , or other production standards and on the themes referred to in article 5 ;


### information provision and promotion measures shall not be brand - oriented . nevertheless , product brands may be visible during demonstrations or tastings and on information and promotional material , subject to compliance with specific conditions to be adopted pursuant to article 6 . ### information provision and promotion measures shall not be brand - oriented . nevertheless , product brands may be visible during demonstrations or tastings and on information and promotional material , subject to compliance with the following conditions :


### the agricultural products listed in annex i to the treaty on the functioning of the european union , excluding the fishery and aquaculture products listed in annex 1 to regulation no [ com416 ] of the european parliament and of the council19 and tobacco ; __________________ 19 regulation no [ com . ### cotton and the agricultural products listed in annex i to the treaty on the functioning of the european union , excluding tobacco ;


### the union ' s financial contribution to simple programmes shall not exceed 50% of the eligible expenditure . the remaining expenditure shall be borne exclusively by proposing organisations . ### the union ' s financial contribution to simple programmes shall not exceed 50% of the eligible expenditure . member states may cover up to 20% of the costs . the remaining expenditure shall be borne exclusively by proposing organisations .


### information and promotion measures on fruit and vegetables specifically targeting children in union educational establishments , ### information and promotion measures on milk , fruit and vegetables specifically targeting children in union educational establishments .


### by not later than 31 december [ 2020 ] , the commission shall submit to the european parliament and the council a report on the application of this regulation together with any appropriate proposals . ### by not later than 31 december [ 2020 ] , the commission shall submit to the european parliament and the council a report on the application of this regulation , also covering the outermost regions , together with any appropriate proposals . in addition , an interim report , in the same form as the report mentioned above , shall be submitted by 31 december 2017 at the latest .


### eligibility of expenditure under the national programmes should be determined by national law , subject to common principles . the starting and closing dates for the eligibility of expenditure should be defined so as to provide for uniform and equitable rules applying to the national programmes . ### ( 11 eligibility of expenditure under the national programmes should be determined by national law , subject to common principles set out in this regulation . the starting and closing dates for the eligibility of expenditure should be defined so as to provide for uniform and equitable rules applying to the national programmes .


### national programmes shall be submitted to a decommitment procedure established on the basis that amounts linked to a commitment which is not covered by the initial pre - financing referred to in article 33 or a request for payment in accordance with article 39 by 31 december of the second year following that of the budget commitment shall be decommitted . ### national programmes shall be submitted to a decommitment procedure established on the basis that amounts linked to a commitment which is not covered by the initial pre - financing referred to in article 33 or a request for payment in accordance with article 39 by 31 december of the third year following that of the budget commitment shall be decommitted .


### staff from national diplomatic services of the member states who were selected under the procedure laid down in article 98 of the staff regulations and who are seconded by their national diplomatic services shall be engaged as temporary staff under article 2 . ### staff coming from the national diplomatic services of the member states who were selected under the procedure laid down in article 98 of the staff regulations shall be engaged as temporary staff under article 2 . the administrative grade granted to selected candidates coming from national diplomatic services of member states should be the grade to which the years of seniority and the number of promotions in the national diplomatic service of origin entitle them on the basis of the promotion system applicable to eu officials .


### to enable the internal market to function effectively , the use of electronic payments should be promoted and facilitated to the benefit of retailers and consumers . cards and other electronic payments can be used in a more versatile manner , including possibilities to pay online in order to take advantage of the internal market and e - commerce , whilst electronic payments also provide retailers with potentially secure payments . card and card based payments instead of cash use could therefore be beneficial for retailers and consumers , provided the fees for the use of the payment systems are set at an economically efficient level , whilst contributing to innovation and market entry of new operators . ### to enable the internal market to function effectively , the use of electronic payments should be promoted and facilitated to the benefit of retailers and consumers . cards and other electronic payments can be used in a more versatile manner , including possibilities to pay online in order to take advantage of the internal market and e - commerce , whilst electronic payments also provide retailers with potentially secure payments . card and card based payments instead of cash use could therefore be beneficial for retailers and consumers , provided the fees for the use of the payment systems are set at an economically efficient level , whilst contributing to fair competition , innovation and market entry of new operators .


### this regulation does not apply to payment instruments that can be used only within a limited network designed to address precise needs through payment instruments only to be used in a limited way , because they allow the specific instrument holder to acquire goods or services only in the premises of the issuer , within a limited network of service providers under a direct commercial agreement with a professional issuer , or because they can be used only to acquire a limited range of goods or services . ### this regulation does not apply to payment instruments that can be used only within a limited network designed to address precise needs through payment instruments only to be used in a limited way , because they allow the specific instrument holder to acquire goods or services only in the premises of the issuer , within a limited network of service providers under a direct commercial agreement with a professional issuer , or because they can be used only to acquire a very narrow range of goods or services .


### issuing payment service providers shall ensure that their payment instruments are visibly and electronically identifiable , enabling payees to identify unequivocally which brands and categories of prepaid , debit , credit or commercial cards or card based payments based on these are chosen by the payer . ### issuing payment service providers shall ensure that their payment instruments are visibly and electronically identifiable in 18 months after the entry into force of this regulation , enabling payees to identify unequivocally which brands and categories of prepaid , debit , credit or commercial cards or card based payments based on these are chosen by the payer .


### in providing this information , companies may rely on national frameworks , eu - based frameworks such as the eco - management and audit scheme , and international frameworks such as the united nations global compact , the guiding principles on business and human rights implementing the un ‘ protect , respect and remedy’ framework , the organisation for economic co - operation and development guidelines for multinational enterprises , the international organisation for standardisation 26000 , the international labour organization tripartite declaration of principles concerning multinational enterprises and social policy , and the global reporting initiative . ### in providing non - financial information , companies shall rely on national frameworks , eu - based frameworks such as the eco - management and audit scheme , and international frameworks such as the united nations global compact , the guiding principles on business and human rights implementing the un ‘ protect , respect and remedy’ framework , the organisation for economic co - operation and development guidelines for multinational enterprises , the international organisation for standardisation 26000 , the international labour organization tripartite declaration of principles concerning multinational enterprises and social policy , and the global reporting initiative . companies shall specify which frameworks they have relied on .


### the obligation to disclose their diversity policies for their administrative , management and supervisory bodies with regard to aspects such as age , gender , geographical diversity , educational and professional background should only apply to large listed companies . therefore small and medium - sized companies that may be exempted from certain accounting obligations under article 27 of directive 78 / 660 / eec should not be covered to by this obligation . disclosure of the diversity policy should be part of the corporate governance statement , as laid down by article 46a of directive 78 / 660 / eec . companies not having a such a diversity policy should not be obliged to put one in place , but they should clearly explain why this is the case . ### the obligation to disclose their diversity policies for their administrative , management and supervisory bodies with regard to aspects such as age , gender , geographical provenance , educational and professional background and employee representation should only apply to large undertakings . disclosure of the diversity policy should be part of the corporate governance statement , as laid down by article 20 of directive 2013 / 34 / eu .


### the obligation to disclose their diversity policies for their administrative , management and supervisory bodies with regard to aspects such as age , gender , geographical diversity , educational and professional background should only apply to large listed companies . therefore small and medium - sized companies that may be exempted from certain accounting obligations under article 27 of directive 78 / 660 / eec should not be covered to by this obligation . disclosure of the diversity policy should be part of the corporate governance statement , as laid down by article 46a of directive 78 / 660 / eec . companies not having a such a diversity policy should not be obliged to put one in place , but they should clearly explain why this is the case . ### the obligation to disclose their diversity policies for their administrative , management and supervisory bodies with regard to aspects such as age , gender , geographical diversity , disability , educational and professional background should only apply to large listed companies . therefore small and medium - sized companies that may be exempted from certain accounting obligations under article 27 of directive 78 / 660 / eec should not be covered by this obligation . disclosure of the diversity policy should be part of the corporate governance statement , as laid down by article 46a of directive 78 / 660 / eec . companies not having a such a diversity policy should not be obliged to put one in place , but they should clearly explain why this is the case .


### since the objective of this directive , namely to increase the relevance , consistency and comparability of information disclosed by companies across the union , cannot be sufficiently achieved by the member states , and can therefore by reason of its effect be better achieved at union level , the union may adopt measures in accordance with the principle of subsidiarity as set out in article 5 of the treaty on european union . in accordance with the principle of proportionality , as set out in that article , this directive does not go beyond what is necessary to achieve the pursued objective . ### since the objective of this directive , namely to increase the relevance , consistency , transparency and comparability of information disclosed by companies across the union , cannot be sufficiently achieved by the member states , and can therefore by reason of its effect be better achieved at union level , the union may adopt measures in accordance with the principle of subsidiarity as set out in article 5 of the treaty on european union . in accordance with the principle of proportionality , as set out in that article , this directive does not go beyond what is necessary to achieve the pursued objective .


### this directive respects the fundamental rights and observes the principles recognised in particular by the charter of fundamental rights of the european union , including the freedom to conduct a business , respect for private life and the protection of personal data . this directive has to be implemented in accordance with these rights and principles . ### this directive respects the fundamental rights and observes the principles recognised in particular by the charter of fundamental rights of the european union , including non - discrimination , equality between women and men , the freedom to conduct a business , respect for private life and the protection of personal data . this directive has to be implemented in accordance with these rights and principles .


### network and information systems and services play a vital role in the society . their reliability and security are essential to economic activities and social welfare , and in particular to the functioning of the internal market . ### network and information systems and services play a vital role in the society . their reliability and security are essential to economic activities and social welfare , and in particular to the functioning of the internal market , as well as the external security of the eu .


### the magnitude and frequency of deliberate or accidental security incidents is increasing and represents a major threat to the functioning of networks and information systems . such incidents can impede the pursuit of economic activities , generate substantial financial losses , undermine user confidence and cause major damage to the economy of the union . ### the magnitude and frequency of deliberate or accidental security incidents is increasing and represents a major threat to the functioning of networks and information systems . such incidents can impede the pursuit of economic activities , generate substantial financial losses , undermine user confidence and cause major damage to the economy of the union and , ultimately , endanger the wellbeing of eu citizens and the ability of eu member states to protect themselves and ensure the security of critical infrastructures .


### as a communication instrument without frontiers , digital information systems , and primarily the internet play an essential role in facilitating the cross - border movement of goods , services and people . due to that transnational nature , substantial disruption of those systems in one member state can also affect other member states and the union as a whole . the resilience and stability of network and information systems is therefore essential to the smooth functioning of the internal market . ### as a communication instrument without frontiers , digital information systems , and primarily the internet play an essential role in facilitating the cross - border movement of goods , services and people . due to that transnational nature , substantial disruption of those systems in one member state can also affect other member states and the union as a whole . the resilience and stability of network and information systems is therefore essential to the smooth functioning of the internal market and is vital to the internal as well as external security of the eu . the need to improve network and information security should be , therefore , duly highlighted in the union ' s internal security strategy and the european security strategy , particularly in view of the future revision of those documents .


### creates a cooperation mechanism between member states in order to ensure a uniform application of this directive within the union and , where necessary , a coordinated and efficient handling of and response to risks and incidents affecting network and information systems ; ### creates a cooperation mechanism between member states in order to ensure a uniform application of this directive within the union and , where necessary , a coordinated , efficient and effective handling of and response to risks and incidents affecting network and information systems ;


### any device or group of inter - connected or related devices , one or more of which , pursuant to a program , perform automatic processing of computer data , as well as ### any group of inter - connected or related devices , one or more of which , pursuant to a program , perform automatic processing of computer data , as well as


### operator of critical infrastructure that are essential for the maintenance of vital economic and societal activities in the fields of energy , transport , banking , stock exchanges and health , a non exhaustive list of which is set out in annex ii . ### operator of critical infrastructure that are essential for the maintenance of vital economic and societal activities in the fields of energy , transport , banking , stock exchanges , health , security and defence , a non exhaustive list of which is set out in annex ii .


### review ### reporting and review


### based on the findings of the external evaluation , the recommendations by the administrative board and the multi - annual strategy , some provisions of regulation no 1406 / 2002 should be clarified and updated . furthermore , the agency should receive a number of additional tasks reflecting the development of the maritime safety policy at eu and international level . considerable screening and redeployment efforts are necessary to guarantee cost and budget efficiency . this should allow one third of additional staffing needs for new tasks to be covered through internal redeployment by the agency . ### based on the findings of the external evaluation , the recommendations by the administrative board and the multi - annual strategy adopted by that board in march 2010 , some provisions of regulation no 1406 / 2002 should be clarified and updated . furthermore , the agency should receive a number of additional tasks reflecting the development of the maritime safety policy at eu and international level . considerable screening and redeployment efforts are necessary to guarantee cost and budget efficiency . this should allow one third of additional staffing needs for new tasks to be covered through internal redeployment by the agency .


### the point is replaced by the following : ' examine , in the framework of the preparation of the work programme , requests from member states for technical assistance , as referred to in article 2 ; adopt a multi - annual strategy for the agency covering a period of five years ahead taking the opinion of the commission into account ; adopt the multi - annual staff policy plan of the agency ; ' ### points and are replaced by the following : ' adopt the annual report on the agency ' s activities and forward it by 15 june at the latest to the european parliament , the council , the commission , the court of auditors and the member states . the agency shall annually forward to the budgetary authority all information regarding the outcome of the evaluation procedures ; examine , in the framework of the preparation of the work programme , requests from member states for technical assistance , as referred to in article 2 ; adopt a multi - annual strategy for the agency covering a period of five years ahead taking the opinions of the parliament and the commission into account ; adopt the multi - annual staff policy plan of the agency ; '