### in order to guarantee its full autonomy and independence , the authority should be granted an autonomous budget with revenues mainly from obligatory contributions from national supervisory authorities and from the general budget of the european union . the community budgetary procedure should be applicable as far as the community contribution is concerned . the auditing of accounts should be undertaken by the court of auditors . ### in order to guarantee its full autonomy and independence , the authority should be granted an autonomous budget with revenues from the general budget of the european union , and any fee paid to the authority in the cases specified in the relevant instruments of european union law . the union budgetary procedure should be applicable as far as the union contribution is concerned . the auditing of accounts should be undertaken by the court of auditors .


### the council , acting by qualified majority as defined in article 205 of the treaty , shall , within ten working days , decide whether the authority ' s decision is maintained or revoked . ### the authority shall revoke its decision or duly explain why it maintains it .


### contribute to a consistent application of community legislation , in particular by contributing to a common supervisory culture , ensuring consistent , efficient and effective application of the legislation referred to in article 1 , preventing regulatory arbitrage , mediating and settling disagreements between national supervisory authorities , promoting a coherent functioning of colleges of supervisors and taking actions in emergency situations ; ### contribute to a consistent application of standards and legislation , in particular by contributing to a common supervisory culture , ensuring consistent , efficient and effective application of this regulation and the legislation referred to in article 1 , preventing regulatory arbitrage , mediating and settling disagreements between national supervisory authorities , ensuring effective and consistent supervision of financial institutions with a union dimension and a coherent functioning of colleges of supervisors and taking actions , inter alia , in emergency situations ;


### the authority should actively promote a coordinated community supervisory response , in particular where adverse developments could potentially jeopardise the orderly functioning and integrity of financial markets or the stability of the financial system in the community . in addition to its powers for action in emergency situations , it should therefore be entrusted with a general coordination function within the european system of financial supervisors . the smooth flow of all relevant information between national supervisory authorities should be a particular focus of the authority ' s actions . ### the authority should actively promote a coordinated union supervisory response , in particular to ensure the orderly functioning and integrity of financial markets or the stability of the financial system in the union . in addition to its powers for action in emergency situations , it should therefore be entrusted with a general coordination function within the european system of financial supervision . the smooth flow of all relevant information between national supervisory authorities should be a particular focus of the authority ' s actions .


### where a member state considers that a decision taken under article 11 impinges on its fiscal responsibilities , it may notify the authority and the commission within one month after notification of the authority ' s decision to the national supervisory authority that the decision will not be implemented by the national supervisory authority . ### where a member state considers that a decision taken under article 11 impinges on its fiscal responsibilities , it may notify the authority , the council and the commission within three working days after notification of the authority ' s decision to the competent authority .


### a member of the board of appeal , who was appointed by the management board of the authority , may not be removed during his term of office , unless he has been found guilty of serious misconduct , and the management board takes a decision to that effect after consulting the board of supervisors . ### a member of the board of appeal may not be removed during his term of office , unless he has been found guilty of serious misconduct , and the institution who appointed him / her takes a decision to that effect after consulting the board of supervisors .


### the authority shall participate as an observer in colleges of supervisors as it deems appropriate . for the purpose of that participation , it shall be considered a ' national supervisory authority ' within the meaning of the relevant legislation and , at its request , shall receive all relevant information shared with any member of the college . ### the authority shall participate in colleges of supervisors as it deems appropriate . for the purpose of that participation , it shall be considered a ' national supervisory authority ' within the meaning of the relevant legislation and , at its request , shall receive all relevant information shared with any member of the college .


### the commission shall take such a decision no later than three months from the adoption of the recommendation . the commission may extend this period by one month . ### the authority shall take such a decision no later than one month from the adoption of the recommendation .


### where appropriate , the authority should consult interested parties on technical standards , guidelines and recommendations and provide them with a reasonable opportunity to comment on proposed measures . for reasons of efficiency , an insurance , reinsurance and occupational pension funds stakeholder group should be established for that purpose , representing in balanced proportions community insurance and reinsurance firms as well as occupational pension funds , their employees and consumers and other retail users of the insurance , reinsurance and occupational pension services , including smes . the insurance , reinsurance and occupational pension funds stakeholder group should actively work as an interface with other user groups in the financial services area established by the commission or community legislation . ### the authority should consult interested parties on technical standards , guidelines and recommendations and provide them with a reasonable opportunity to comment on proposed measures . before adopting draft technical standards , guidelines and recommendations the authority should carry out an impact assessment with a view to ensuring that the best practices for high - quality regulation are met . to provide effective external assistance , an insurance , reinsurance and occupational pension funds stakeholder group should be established , representing in balanced proportions union insurance and reinsurance firms and insurance intermediaries as well as occupational pension funds , trade unions , academics and consumers and other retail users of the insurance , reinsurance and occupational pension services , including smes . the insurance , reinsurance and occupational pension funds stakeholder group should actively work as an interface with other user groups in the financial services area established by the commission or by eu legislation .


### each member other than the chairperson shall have an alternate , who may replace the member of the management board if that person is prevented from attending . ### each member shall have an alternate , who may replace the member of the management board if that person is prevented from attending . the chairperson ' s alternate shall be elected in accordance with article 33 .


### upon request from one or more national supervisory authorities , from the commission or on its own initiative and after having informed the national supervisory authority concerned , the authority may investigate the alleged incorrect application of community law . ### upon request from one or more competent authorities , from the european parliament , the commission , the council , the insurance and reinsurance stakeholder group or on its own initiative and after having informed the competent authority concerned , the authority may investigate the alleged breach of , or failure to apply , union law .


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


### two members of the board of appeal and two alternates shall be appointed by the management board of the authority from a short - list proposed by the commission , following a public call for expression of interest published in the official journal of the european union , and after consultation of the board of supervisors . ### the members of the board of appeal and the alternates shall be appointed , after consultation with the authorities ' management boards , as follows : - two members and two alternates by the council ; - two members and two alternates by the commission ; - two members and two alternates by the european parliament .


### upon request from one or more national supervisory authorities , from the commission or on its own initiative and after having informed the national supervisory authority concerned , the authority may investigate the alleged incorrect application of community law . ### upon request from one or more national supervisory authorities , from the commission , the european parliament , the council or the insurance , reinsurance and occupational pension funds stakeholder group , or on its own initiative , and after having informed the national supervisory authority concerned , the authority may investigate the alleged incorrect application of union law .


### the european parliament may invite the chairperson or his or her alternate , while fully respecting his independence , to make a statement regularly before its competent committee and answer questions put by members of that committee . ### the chairperson or his or her alternate shall , at least quarterly , make a statement before the european parliament and answer any questions put by its members .


### consistent application of community rules where a national supervisory authority has not correctly applied the legislation referred to in article 1 , in particular by failing to ensure that a financial institution satisfies the requirements laid down in that legislation , the authority shall have the powers set out in paragraphs 2 , 3 and 6 of this article . 2 . upon request from one or more national supervisory authorities , from the commission or on its own initiative and after having informed the national supervisory authority concerned , the authority may investigate the alleged incorrect application of community law . without prejudice to the powers laid down in article 20 , the national supervisory authority shall provide the authority with all information which the authority considers necessary for its investigation without delay . 3 . the authority may , at the latest within two months from initiating its investigation , address to the national supervisory authority concerned a recommendation setting out the action necessary to comply with community law . the national supervisory authority shall , within ten working days of the receipt of the recommendation , inform the authority of the steps it has taken or intends to take to ensure compliance with community law . 4 . where the national supervisory authority has not complied with community law within one month from receipt of the authority ' s recommendation , the commission may , after having been informed by the authority or on its own initiative , take a decision requiring the national supervisory authority to take the action necessary to comply with community law . the commission shall take such a decision no later than three months from the adoption of the recommendation . the commission may extend this period by one month . the commission shall ensure that the right to be heard of the addressees of the decision is respected . the authority and the national supervisory authorities shall provide the commission with all necessary information . 5 . the national supervisory authority shall , within ten working days of receipt of the decision referred to in paragraph 4 , inform the commission and the authority of the steps it has taken or intends to take to implement the commission ' s decision . 6 . without prejudice to the powers of the commission under article 226 of the treaty , where a national supervisory authority does not comply with the decision referred to in paragraph 4 of this article within the period of time specified therein , and where it is necessary to remedy in a timely manner the non compliance by the national supervisory authority in order to maintain or restore neutral conditions of competition in the market or ensure the orderly functioning and integrity of the financial system , the authority may , where the relevant requirements of the legislation referred to in article 1 are directly applicable to financial institutions , adopt an individual decision addressed to a financial institution requiring the necessary action to comply with its obligations under community law including the cessation of any practice . the decision of the authority shall be in conformity with the decision adopted by the commission pursuant to paragraph 4 . 7 . decisions adopted under paragraph 6 shall prevail over any previous decision adopted by the national supervisory authorities on the same matter . any action by the national supervisory authorities in relation to facts which are subject to a decision pursuant to paragraph 4 or 6 shall be compatible with those decisions . ### non - application of union law where a competent authority has not applied the legislation referred to in article 1 , in particular by failing to ensure that a financial market participant satisfies the requirements laid down in that legislation , the authority shall have the powers set out in paragraphs 2 , 3 and 6 of this article . 2 . upon request from one or more competent authorities , from the european , parliament , the council or the commission , or on its own initiative , and after having informed the competent authority concerned , the authority may investigate the alleged non - application of union law . without prejudice to the powers laid down in article 20 , the competent authority shall provide the authority with all information which the authority considers necessary for its investigation without delay . 3 . the authority may , at the latest within two months from initiating its investigation , address to the competent authority concerned a recommendation setting out the action necessary to comply with union law . the competent authority shall , within ten working days of the receipt of the recommendation , inform the authority of the steps it has taken or intends to take to ensure compliance with union law . 4 . where the competent authority has not complied with union law within one month from receipt of the authority ' s recommendation , the commission may , after having been informed by the authority or on its own initiative , take a decision requiring the competent authority to take the action necessary to comply with union law . the commission shall take such a decision no later than three months from the adoption of the recommendation . the commission may extend this period by one month . the commission shall ensure that the right to be heard of the addressees of the decision is respected . the authority and the competent authorities shall provide the commission with all necessary information . 5 . the competent authority shall , within ten working days of receipt of the decision referred to in paragraph 4 , inform the commission and the authority of the steps it has taken or intends to take to implement the commission ' s decision . 6 . without prejudice to the powers of the commission under article 258 of the treaty on the functioning of the european union , where a competent authority does not comply with the decision referred to in paragraph 4 of this article within the period of time specified therein , and where it is necessary to remedy in a timely manner the non - compliance by the competent authority in order to maintain or restore neutral conditions of competition in the internal market or ensure the orderly functioning and integrity of the financial system in cross - border activities , the authority may , where the relevant requirements of the legislation referred to in article 1 are directly applicable to financial market participants , adopt an individual decision addressed to a financial market participant requiring the necessary action to comply with its obligations under union law including the cessation of any practice . before adopting an individual decision , the authority shall inform the commission thereof . the commission shall ensure that the right to be heard of the addressees of the decision is respected . the authority and the competent authorities shall provide the commission with all necessary information . the commission shall decide whether to endorse the authority ' s draft decision within two weeks of receipt . the commission shall not extend that period . the commission may endorse the draft decision only in part or with amendments , where the union interest so requires . where the commission does not endorse the draft decision or endorses it in part or with amendments , it shall inform the authority without delay in the form of a formal opinion . within one week of receipt of that formal opinion , the authority shall review and adapt its decision to the commission ' s formal opinion and transmit it without delay to the commission . within one week of receipt of the amended decision of the authority , the commission shall decide whether to endorse it or reject it . if the amended decision is rejected by the commission , the decision shall be deemed not to have been adopted . the decision of the authority shall be in conformity with the decision adopted by the commission pursuant to paragraph 4 . any action by the competent authorities in relation to facts which are subject to a decision pursuant to paragraph 4 or 6 shall be compatible with those decisions .


### the board of appeal shall be composed of six members and six alternates , who shall be individuals with relevant knowledge and experience , excluding current staff of the national supervisory authorities or other national or community institutions involved in the activities of the authority . ### the board of appeal shall be composed of six members and six alternates . it shall comprise individuals of high repute with a proven record of relevant knowledge and professional expertise , including supervisory experience at a sufficiently high level in the fields of banking , insurance and occupational pensions , securities markets or other financial services , and at least two members with sufficient legal expertise to provide expert legal advice on the authority ' s exercise of its powers .


### the commission shall ensure that the right to be heard of the addressees of the decision is respected . ### the authority shall ensure that the right to be heard of the addressees of the decision is respected .


### if , at the end of the conciliation phase , the national supervisory authorities concerned have failed to reach an agreement , the authority may take a decision requiring them to take specific action or to refrain from action in order to settle the matter , in compliance with community law . ### if , at the end of the conciliation phase , the national supervisory authorities concerned have failed to reach an agreement , the authority may take a decision requiring them to take specific action or to refrain from action in order to settle the matter , with binding effects for the competent authorities concerned , in order to ensure compliance with union law .


### within a period of one month from the notification by the member state , the authority shall inform the member state as to whether it maintains its decision or whether it amends or revokes it . ### within a period of one week from the notification by the member state , the authority shall inform the member state as to whether it maintains its decision or whether it amends or revokes it .


### the european parliament may also call upon the chairperson to submit a report on the performance of his duties . ### the chairperson shall submit a report on the performance of his duties to the european parliament when requested and at least 15 days before making the statement referred to in paragraph 1 .


### the european insurance and occupational pensions authority should act with a view to improving the functioning of the internal market , including in particular by ensuring a high , effective and consistent level of regulation and supervision taking account of the varying interests of all member states , to protect policyholders and other beneficiaries , to ensure the integrity , efficiency and orderly functioning of financial markets , to safeguard the stability of the financial system , and to strengthen international supervisory coordination , for the benefit of the economy at large , including financial institutions and other stakeholders , consumers and employees . in order to be able to fulfil its objectives , it is necessary and appropriate that the authority should be a community body having legal personality and it should have legal , administrative and financial autonomy . ### the authority should act with a view to improving the functioning of the internal market , including in particular by ensuring a high , effective and consistent level of regulation and supervision taking account of the varying interests of all member states , to prevent regulatory arbitrage and guarantee a level playing field , to protect policyholders and other beneficiaries , to ensure the integrity , efficiency and orderly functioning of financial markets , to safeguard the stability of the financial system , and to strengthen international supervisory coordination while taking account of the need to enhance competition and innovation within the internal market and to ensure global competitiveness , for the benefit of the economy at large , including financial institutions and other stakeholders , consumers and employees . in order to be able to fulfil its objectives , it is necessary and appropriate that the authority should be a union body having legal personality and it should have legal , administrative and financial autonomy .


### where a member state considers that a decision taken under article 11 impinges on its fiscal responsibilities , it may notify the authority and the commission within one month after notification of the authority ' s decision to the national supervisory authority that the decision will not be implemented by the national supervisory authority . ### where a member state does not accept a decision taken under article 11 because it impinges on its fiscal responsibilities , it shall notify the authority and the commission and the european parliament within twenty working days after notification of the authority ' s decision to the national supervisory authority that the decision will not be implemented by the national supervisory authority .


### the national supervisory authority shall , within ten working days of receipt of the decision referred to in paragraph 4 , inform the commission and the authority of the steps it has taken or intends to take to implement the commission ' s decision . ### the national supervisory authority shall , within ten working days of receipt of the decision referred to in paragraph 4 , inform the commission and the authority of the steps it has taken or intends to take to implement the authority ' s decision .


### there is a need to introduce an effective instrument to establish harmonised technical standards in financial services to ensure , also through a single rulebook , a level playing field and an adequate protection of policyholders , other beneficiaries and consumers across europe . as a body with highly specialised expertise , it is efficient and appropriate to entrust the authority , in areas defined by community law , with the elaboration of draft technical standards , which do not involve policy choices . the commission should endorse those draft technical standards in accordance with community law in order to give them binding legal effect . the draft technical standards have to be adopted by the commission . they would be subject to amendment if , for example , the draft technical standards were incompatible with community law , would not respect the principle of proportionality or would run counter to the fundamental principles of the internal market for financial services as reflected in the acquis of community financial services legislation . to ensure a smooth and expedited adoption process for those standards , the commission should be subject to a time limit for its decision on the endorsement . ### there is a need to introduce an effective instrument to establish harmonised technical standards in financial services to ensure , also through a single rulebook , a level playing field and an adequate protection of policyholders , other beneficiaries and consumers across europe . as a body with highly specialised expertise , it is efficient and appropriate to entrust the authority , in areas defined by eu law , with the elaboration of draft technical standards , which do not involve policy choices . the commission should be empowered to adopt delegated acts in accordance with the procedure referred to in article 290 of the treaty on the functioning of the european union concerning technical standards in financial services .


### the authority shall act within the scope of directive 64 / 225 / eec , directive 73 / 239 / eec , directive 73 / 240 / eec , directive 76 / 580 / eec , directive 78 / 473 / eec , directive 84 / 641 / eec , directive 87 / 344 / eec , directive 88 / 357 / eec , directive 92 / 49 / eec , directive 98 / 78 / ec , directive 2001 / 17 / ec , directive 2002 / 83 / ec , directive 2002 / 92 / ec , directive 2003 / 41 / ec , directive 2002 / 87 / ec , directive 2005 / 68 / ec , directive 2007 / 44 / ec , directive 2005 / 60 / ec , directive 2002 / 65 / ec , including all directives , regulations , and decisions based on these acts , and of any further community act which confers tasks on the authority . ### the authority shall act within the scope of this regulation and of directive 64 / 225 / eec , directive 73 / 239 / eec , directive 73 / 240 / eec , directive 76 / 580 / eec , directive 78 / 473 / eec , directive 84 / 641 / eec , directive 87 / 344 / eec , directive 88 / 357 / eec , directive 92 / 49 / eec , directive 98 / 78 / ec , directive 2001 / 17 / ec , directive 2002 / 83 / ec , directive 2002 / 92 / ec , directive 2003 / 41 / ec , directive 2002 / 87 / ec , directive 2005 / 68 / ec , directive 2007 / 44 / ec , directive 2005 / 60 / ec , directive 2002 / 65 / ec , including all directives , regulations , and decisions based on these acts , and of any further union act which confers tasks on the authority .


### any action by the national supervisory authorities in relation to facts which are subject to a decision pursuant to paragraph 2 or 3 shall be compatible with those decisions . ### any action by the competent authorities in relation to facts which are subject to a decision pursuant to paragraph 2 or 3 shall comply with those decisions . non - compliance shall be duly justified in writing by the competent authorities to the esrb and the authority .


### without prejudice to the powers of the commission under article 226 of the treaty , where a national supervisory authority does not comply with the decision of the authority referred to in paragraph 2 within the period laid down therein , the authority may , where the relevant requirements laid down in the legislation referred to in article 1 are directly applicable to financial institutions , adopt an individual decision addressed to a financial institution requiring the necessary action to comply with its obligations under that legislation , including the cessation of any practice . ### without prejudice to the powers of the commission under article 258 of the treaty , where a national supervisory authority does not comply with the decision of the authority referred to in paragraph 2 within the period laid down therein , the authority shall , pursuant to the relevant requirements laid down in the legislation referred to in article 1 , adopt an individual decision addressed to a financial institution requiring the necessary action to comply with its obligations under that legislation , including the cessation of any practice .


### in the case of adverse developments which may seriously jeopardise the orderly functioning and integrity of financial markets or the stability of the whole or part of the financial system in the community , the commission , upon its own initiative or following a request by the authority , the council , or the esrb , may adopt a decision addressed to the authority , determining the existence of an emergency situation for the purposes of this regulation . ### in the case of adverse developments which may seriously jeopardise the orderly functioning and integrity of financial markets or the stability of the whole or part of the financial system in the union , the esrb , upon its own initiative or following a request by the authority , the council , the european parliament or the commission , may issue a warning declaring the existence of an emergency situation in order to enable the authority without further requirements to adopt the individual decisions referred to in paragraph 3 .


### without prejudice to the powers of the commission under article 226 of the treaty , where a national supervisory authority does not comply with the decision of the authority referred to in paragraph 2 within the period laid down therein , the authority may , where the relevant requirements laid down in the legislation referred to in article 1 are directly applicable to financial institutions , adopt an individual decision addressed to a financial institution requiring the necessary action to comply with its obligations under that legislation , including the cessation of any practice . ### without prejudice to the powers of the commission under article 258 of the treaty , where a national supervisory authority does not comply with the decision of the authority referred to in paragraph 2 within the period laid down therein , the authority may , where the relevant requirements laid down in the legislation referred to in article 1 are directly applicable to financial institutions , adopt an individual decision addressed to a financial institution requiring the necessary action to comply with its obligations under that legislation , including the cessation of any practice .


### without prejudice to the powers of the commission under article 226 of the treaty , where a national supervisory authority does not comply with the decision of the authority referred to in paragraph 2 within the period laid down therein , the authority may , where the relevant requirements laid down in the legislation referred to in article 1 are directly applicable to financial institutions , adopt an individual decision addressed to a financial institution requiring the necessary action to comply with its obligations under that legislation , including the cessation of any practice . ### without prejudice to the powers of the commission under article 258 of the treaty on the functioning of the european union , where a competent authority does not comply with the decision of the authority referred to in paragraph 2 within the period laid down therein , the authority shall , pursuant to the relevant requirements laid down in the legislation referred to in article 1 , adopt an individual decision addressed to a financial institution requiring the necessary action to comply with its obligations under that legislation , including the cessation of any practice .


### in the case of adverse developments which may seriously jeopardise the orderly functioning and integrity of financial markets or the stability of the whole or part of the financial system in the community , the commission , upon its own initiative or following a request by the authority , the council , or the esrb , may adopt a decision addressed to the authority , determining the existence of an emergency situation for the purposes of this regulation . ### in the case of adverse developments which may seriously jeopardise the orderly functioning and integrity of financial markets or the stability of the whole or part of the financial system in the union , the commission , following a recommendation from the esrb , may adopt a decision addressed to the authority , determining the existence of an emergency situation for the purposes of this regulation .


### commission proposal member states shall take the necessary measures to ensure that the following intentional conduct is punishable : the proposal , by means of information and communication technology , by an adult to meet a child who has not reached the age of sexual consent under national law , for the purpose of committing any of the offences referred to in articles 3 and article 5 , where this proposal has been followed by material acts leading to such a meeting , shall be punishable by a maximum term of imprisonment of at least two years . ### member states shall take the necessary measures to ensure that the following intentionally committed conduct is punishable and that the crime , in accordance with their system of penalties , is afforded a punishment which reflects the severity of the act : a proposal by means of information and communication technology , by an adult to meet a person who has not reached the age of sexual consent under national law , for the purpose of committing any of the offences referred to in articles 3 and 5 , where this proposal has been followed by material acts leading to such a meeting .


### any material that visually depicts a child engaged in real or simulated sexually explicit conduct ; or ### any material that visually depicts a person below the age of 18 years engaged in simulated sexually explicit conduct ; or


### commission proposal any material that visually depicts a child engaged in real or simulated sexually explicit conduct ; or ### any material that visually depicts a person below the age of 18 engaged in simulated sexually explicit conduct ; or


### commission proposal to prevent and minimise recidivism , offenders should be subject to an assessment of the danger posed by the offenders and the possible risks of repetition of sexual offences against children , and should have access to effective intervention programmes or measures on a voluntary basis . ### to prevent and minimize recidivism , offenders should be subject to an assessment of the danger posed by the offenders and the possible risks of repetition of sexual offences against persons below the age of 18 , and should have access to effective intervention programmes or measures on a voluntary basis .


### serious forms of child sexual abuse and sexual exploitation should be subject to effective , proportionate and dissuasive sanctions . this includes , in particular , various forms of sexual abuse and sexual exploitation facilitated by the use of information and communication technology . the definition of child pornography should also be clarified and brought closer to that contained in international instruments . ### serious forms of child sexual abuse and sexual exploitation should be subject to effective , proportionate and dissuasive sanctions . the approach taken by member states to the various forms of sexual abuse and sexual exploitation must respond to advances in information and communication technology , and the role such outlets can potentially play in producing and disseminating such materials . the definition of child pornography should also be clarified and brought closer to that contained in international instruments .


### commission proposal 6 . production of child pornography shall be punishable by a maximum term of imprisonment of at least five years . ### production of depictions of sexual acts involving persons below the age of 18 shall constitute conduct as defined in paragraph 1 .


### commission proposal 2 . acquisition or possession of child pornography shall be punishable by a maximum term of imprisonment of at least one year . ### acquisition or possession of material containing depictions of sexual acts involving persons below the age of 18 constitutes an activity as described in paragraph 1 .


### causing a child to participate in child prostitution shall be punishable by a maximum term of imprisonment of at least five years . ### any individual who causes a person below the age of 18 years to become involved in sexual activities or who exploits that involvement where money or other forms of remuneration or consideration are given or promised in exchange , regardless of whether this payment , promise or consideration is made to the person below the age of 18 years or to a third party , shall be guilty of intentional conduct within the meaning of paragraph 1 .


### commission proposal 2 . without prejudice to the above , member states shall take the necessary measures to obtain the removal of internet pages containing or disseminating child pornography . ### member states shall take the necessary measures to obtain the immediate removal of depictions of sexual acts involving persons below the age of 18 in information and communication services . the deletion of such content shall occur in accordance with the due process of the law and with adequate safeguards to ensure that only what needs to be deleted is deleted .


### commission proposal child pornography , which constitutes sex abuse images , is a specific type of content which cannot be construed as the expression of an opinion . to combat it , it is necessary to reduce the circulation of child abuse material by making it more difficult for offenders to upload such content onto the publicly accessible web . action is therefore necessary to remove the content at source and apprehend those guilty of making distributing or downloading child abuse images . the eu , in particular through increased cooperation with third countries and international organisations , should seek to facilitate the effective removal by third country authorities of websites containing child pornography , which are hosted in their territory . however as , despite such efforts , the removal of child pornography content at its source proves to be difficult where the original materials are not located within the eu , mechanisms should also be put in place to block access from the union’s territory to internet pages identified as containing or disseminating child pornography . for that purpose , different mechanisms can be used as appropriate , including facilitating the competent judicial or police authorities to order such blocking , or supporting and stimulating internet service providers on a voluntary basis to develop codes of conduct and guidelines for blocking access to such internet pages . both with a view to the removal and the blocking of child abuse content , cooperation between public authorities should be established and strengthened , particularly in the interest of ensuring that national lists of websites containing child pornography material are as complete as possible and of avoiding duplication of work . any such developments must take account of the rights of the end users , adhere to existing legal and judicial procedures and comply with the european convention on human rights and the charter of fundamental rights of the european union . the safer internet programme has set up a network of hotlines whose goal is to collect information and to ensure coverage and exchange of reports on the major types of illegal content online . ### the depiction of sexual acts involving persons below the age of 18 constitutes a type of content whose production , dissemination , duplication or purchase is not safeguarded with reference to fundamental rights . action is therefore necessary to remove the content at source and to apprehend and subject to the due process of law those guilty of making , distributing or downloading such content . the eu , in particular through increased cooperation with third countries and international organisations and with the help of bilateral or multilateral agreements , should seek to facilitate the effective removal by third country authorities of websites containing child pornography , which are hosted in their territory . cooperation with the international association of internet hotlines should be stepped up . in order to avoid duplication of work , cooperation between public authorities should be established and strengthened . any such developments must take account of the rights of the end users , adhere to existing legal and judicial procedures and comply with the european convention on human rights and the charter of fundamental rights of the european union . the safer internet programme has set up a network of hotlines whose goal is to collect information and to ensure coverage and exchange of reports on the major types of illegal content online .


### commission proposal of the sexual organs of a child for primarily sexual purposes ; ### of the sexual organs of a person below the age of 18 for primarily sexual purposes ;


### engaging in sexual activities with a child , where recourse is made to child prostitution shall be punishable by a maximum term of imprisonment of at least five years . ### any individual who engages in sexual activities with a person below the age of 18 years and in exchange offers or promises money or other forms of remuneration or consideration , regardless of whether this payment , promise or consideration is made to the person below the age of 18 years or to a third party , shall be guilty of intentional conduct within the meaning of paragraph 1 .


### commission proposal child pornography , which consists of images of child sex abuse , and other particularly serious forms of sexual abuse and sexual exploitation of children are increasing and spreading through the use of new technologies and the internet . ### the depiction of sexual acts involving persons below the age of 18 and other forms of sexual abuse and sexual exploitation of persons below the age of 18 are increasing and spreading through the use of new technologies and the internet .


### recruiting a child to participate in child prostitution shall be punishable by a maximum term of imprisonment of at least eight years . ### any individual who recruits or forces a person below the age of 18 years to become involved in sexual activities where money or other forms of remuneration or consideration are given or promised in exchange , regardless of whether this payment , promise or consideration is made to the person below the age of 18 years or to a third party , shall be guilty of intentional conduct within the meaning of paragraph 1 .


### commission proposal serious criminal offences such as the sexual exploitation of children and child pornography require a comprehensive approach covering the prosecution of offenders , the protection of child victims , and prevention of the phenomenon . the child ' s best interests must be a primary consideration when carrying out any measures to combat these offences in accordance with the charter of fundamental rights of the european union and the un convention on the rights of the child . framework decision 2004 / 68 / jha should be replaced by a new instrument providing such comprehensive legal framework to achieve that purpose . ### serious criminal offences , such as the sexual abuse and the sexual exploitation of persons below the age of 18 and the depiction of sexual acts involving persons below the age of 18 , require a comprehensive approach covering the prosecution of offenders , the protection of victims below the age of 18 , and prevention of the phenomenon . framework decision 2004 / 68 / jha should be replaced by a new instrument providing such comprehensive legal framework to achieve that purpose .


### commission proposal 3 . knowingly obtaining access , by means of information and communication technology , to child pornography shall be punishable by a maximum term of imprisonment of at least one year . ### knowingly obtaining access , by means of information and communication technology , to depictions of sexual acts involving persons below the age of 18 constitutes conduct as defined in paragraph 1 .


### commission proposal serious forms of child sexual abuse and sexual exploitation should be subject to effective , proportionate and dissuasive sanctions . this includes , in particular , various forms of sexual abuse and sexual exploitation facilitated by the use of information and communication technology . the definition of child pornography should also be clarified and brought closer to that contained in international instruments . ### serious forms of sexual abuse and sexual exploitation of persons below the age of 18 , and the depiction of such activities , including by means of information and communication technologies , should be subject to effective and proportionate sanctions .


### council framework decision 2004 / 68 / jha on combating the sexual exploitation of children and child pornography approximates member states’ legislation to criminalise the most serious forms of child sexual abuse and sexual exploitation , to extend domestic jurisdiction , and to provide for a minimum level of assistance for victims . council framework decision 2001 / 220 / jha on the standing of victims in criminal proceedings establishes a set of victims ' rights in criminal proceedings , including the right to protection and compensation . moreover , the coordination of prosecution of cases of sexual abuse , sexual exploitation of children and child pornography will be facilitated by the adoption of council framework decision 2009 / 948 / jha on prevention and settlement of conflict of jurisdiction in criminal proceedings . ### council framework decision 2004 / 68 / jha on combating the sexual exploitation of children and child pornography approximates member states’ legislation to criminalise the most serious forms of child sexual abuse and sexual exploitation , to extend domestic jurisdiction , and to provide for a minimum level of assistance for victims . council framework decision 2001 / 220 / jha on the standing of victims in criminal proceedings establishes a set of victims ' rights in criminal proceedings , including the right to protection and compensation . moreover , the coordination of prosecution of cases of sexual abuse , sexual exploitation of persons below the age of 18 years and the depiction of sexual acts involving them will be facilitated by the adoption of council framework decision 2009 / 948 / jha on prevention and settlement of conflict of jurisdiction in criminal proceedings .


### commission proposal sexual abuse and sexual exploitation of children , including child pornography constitute serious violations of fundamental rights , in particular the rights of the child to protection and care as is necessary for his or her well - being as stipulated by the un convention on the rights of the child and the charter of fundamental rights of the european union . ### sexual abuse and sexual exploitation of children , including the depiction of sexual acts involving persons below the age of 18 , constitute serious violations of fundamental rights , in particular the rights of the child to protection and care as is necessary for his or her well - being as stipulated by the un convention on the rights of the child and the charter of fundamental rights of the european union .


### child pornography , which constitutes sex abuse images , is a specific type of content which cannot be construed as the expression of an opinion . to combat it , it is necessary to reduce the circulation of child abuse material by making it more difficult for offenders to upload such content onto the publicly accessible web . action is therefore necessary to remove the content at source and apprehend those guilty of making distributing or downloading child abuse images . the eu , in particular through increased cooperation with third countries and international organisations , should seek to facilitate the effective removal by third country authorities of websites containing child pornography , which are hosted in their territory . however as , despite such efforts , the removal of child pornography content at its source proves to be difficult where the original materials are not located within the eu , mechanisms should also be put in place to block access from the union ' s territory to internet pages identified as containing or disseminating child pornography . for that purpose , different mechanisms can be used as appropriate , including facilitating the competent judicial or police authorities to order such blocking , or supporting and stimulating internet service providers on a voluntary basis to develop codes of conduct and guidelines for blocking access to such internet pages . both with a view to the removal and the blocking of child abuse content , cooperation between public authorities should be established and strengthened , particularly in the interest of ensuring that national lists of websites containing child pornography material are as complete as possible and of avoiding duplication of work . any such developments must take account of the rights of the end users , adhere to existing legal and judicial procedures and comply with the european convention on human rights and the charter of fundamental rights of the european union . the safer internet programme has set up a network of hotlines whose goal is to collect information and to ensure coverage and exchange of reports on the major types of illegal content online . ### child pornography , which constitutes sex abuse images , is a specific type of content which cannot be construed as the expression of an opinion . the dissemination of such images is therefore not protected by reference to fundamental rights such as freedom of expression and the right to privacy . to combat child pornography , it is necessary to reduce the circulation of child abuse material by making it more difficult for offenders to upload such content onto the publicly accessible web . action is therefore necessary to remove the content at source and apprehend those found guilty of making distributing or downloading child abuse images . the eu , in particular through increased cooperation with third countries and international organisations , should seek to facilitate the effective removal by third country authorities of websites containing child pornography , which are hosted in their territory . however as , despite such efforts , the removal of child pornography content at its source proves to be difficult where the original materials are not located within the eu , additional mechanisms should also be put in place to block access from the union ' s territory to internet pages identified as containing or disseminating child pornography . for that purpose , different mechanisms can be used as appropriate , including facilitating the competent judicial or police authorities to order such blocking , or supporting and stimulating internet service providers on a voluntary basis to develop codes of conduct and guidelines for blocking access to such internet pages . both with a view to the removal and the blocking of child abuse content , cooperation between public authorities should be established and strengthened , particularly in the interest of ensuring that national lists of websites containing child pornography material are as complete as possible and of avoiding duplication of work . any such developments must take account of the rights of the end users , adhere to existing legal and judicial procedures and comply with the european convention on human rights and the charter of fundamental rights of the european union . the safer internet programme has set up a network of hotlines whose goal is to collect information and to ensure coverage and exchange of reports on the major types of illegal content online .


### child pornography , which constitutes sex abuse images , is a specific type of content which cannot be construed as the expression of an opinion . to combat it , it is necessary to reduce the circulation of child abuse material by making it more difficult for offenders to upload such content onto the publicly accessible web . action is therefore necessary to remove the content at source and apprehend those guilty of making distributing or downloading child abuse images . the eu , in particular through increased cooperation with third countries and international organisations , should seek to facilitate the effective removal by third country authorities of websites containing child pornography , which are hosted in their territory . however as , despite such efforts , the removal of child pornography content at its source proves to be difficult where the original materials are not located within the eu , mechanisms should also be put in place to block access from the union’s territory to internet pages identified as containing or disseminating child pornography . for that purpose , different mechanisms can be used as appropriate , including facilitating the competent judicial or police authorities to order such blocking , or supporting and stimulating internet service providers on a voluntary basis to develop codes of conduct and guidelines for blocking access to such internet pages . both with a view to the removal and the blocking of child abuse content , cooperation between public authorities should be established and strengthened , particularly in the interest of ensuring that national lists of websites containing child pornography material are as complete as possible and of avoiding duplication of work . any such developments must take account of the rights of the end users , adhere to existing legal and judicial procedures and comply with the european convention on human rights and the charter of fundamental rights of the european union . the safer internet programme has set up a network of hotlines whose goal is to collect information and to ensure coverage and exchange of reports on the major types of illegal content online . ### child pornography , which constitutes sex abuse images , is a specific type of content which cannot be construed as the expression of an opinion . to combat it , it is necessary to reduce the circulation of child abuse material by making it more difficult for offenders to upload such content onto the publicly accessible web . action is therefore necessary to remove the content at source and apprehend those guilty of making distributing or downloading child abuse images . the eu , in particular through increased cooperation with third countries and international organisations , should seek to facilitate the effective removal by third country authorities of websites containing depictions of sexual acts involving persons below the age of 18 years , which are hosted in their territory . however as , despite such efforts , the removal of child pornography content at its source proves to be difficult where the original materials are not located within the eu , mechanisms should also be put in place to block access from the union’s territory to internet pages identified as containing or disseminating child pornography . for that purpose , different mechanisms can be used as appropriate , including facilitating the competent judicial or police authorities to order such blocking , or supporting and stimulating internet service providers on a voluntary basis to develop codes of conduct and guidelines for blocking access to such internet pages . both with a view to the removal and the blocking of child abuse content , cooperation between public authorities should be established and strengthened , particularly in the interest of ensuring that national lists of websites containing child pornography material are as complete as possible and of avoiding duplication of work . any such developments must take account of the rights of the end users , adhere to existing legal and judicial procedures and comply with the european convention on human rights and the charter of fundamental rights of the european union . the safer internet programme has set up a network of hotlines whose goal is to collect information and to ensure coverage and exchange of reports on the major types of illegal content online .


### this directive does not govern member states ' policies with regard to consensual sexual activities in which children may be involved and which can be regarded as the normal discovery of sexuality in the course of human development , taking account of the different cultural and legal traditions and of new forms of establishing and maintaining relations among children and adolescents , including through information and communication technologies . ### this directive does not govern member states ' policies with regard to consensual sexual activities in which persons below the age of 18 years may be involved and which can be regarded as the normal discovery of sexuality in the course of human development , taking account of the different cultural and legal traditions and of new forms of establishing and maintaining relations among children , adolescents and young adults , including through information and communication technologies .


### commission proposal where the danger posed by the offenders and the possible risks of repetition of the offences make it appropriate , convicted offenders should be temporarily or permanently prevented from exercising activities involving regular contacts with children , where appropriate . implementation of such prohibitions throughout the eu should be facilitated . ### where the danger posed by the offenders and the possible risks of repetition of the offences make it appropriate , convicted offenders should be temporarily or permanently prevented from exercising activities involving regular contacts with persons below the age of 18 , where appropriate . implementation of such prohibitions throughout the eu should be facilitated . application of the due process of law should be a precondition for this .


### commission proposal the provisions of article 3 , with regard to witnessing sexual activities , and ; article 4 and and article 5 do not govern consensual sexual activities between children or involving persons who are close in age and degree of psychological and physical development or maturity , insofar as the acts did not involve any abuse . ### the provisions of article 3 , with regard to witnessing sexual activities , and ; article 4 and and article 5 do not govern consensual sexual activities between persons who are close to each other in age and degree of psychological and physical development or maturity , insofar as the acts did not involve any abuse .


### commission proposal protection of child victims in criminal investigations and proceedings ### protection of victims in criminal investigations and proceedings


### commission proposal measures to protect child victims should be adopted in their best interest , taking into account an assessment of their needs . child victims should have easy access to legal remedies , including free legal counselling and representation and measures to address conflicts of interest where abuse occurs in the family . moreover , child victims should be protected from sanctions , for example under national legislation on immigration or prostitution , if they bring their case to the attention of competent authorities . furthermore , participation in criminal proceedings by child victims should not cause additional trauma as a result of interviews or visual contact with offenders . ### measures to protect victims below the age of 18 should be adopted in their best interest , taking into account an assessment of their needs . these victims should have easy access to legal remedies , including free legal counselling and representation and measures to address conflicts of interest where abuse occurs in the family . moreover , victims below the age of 18 should be protected from sanctions , for example under national legislation on immigration or prostitution , if they bring their case to the attention of competent authorities . furthermore , participation in criminal proceedings by victims below the age of 18 should not cause additional trauma as a result of interviews or visual contact with offenders .


### commission proposal child pornography , which constitutes sex abuse images , is a specific type of content which cannot be construed as the expression of an opinion . to combat it , it is necessary to reduce the circulation of child abuse material by making it more difficult for offenders to upload such content onto the publicly accessible web . action is therefore necessary to remove the content at source and apprehend those guilty of making distributing or downloading child abuse images . the eu , in particular through increased cooperation with third countries and international organisations , should seek to facilitate the effective removal by third country authorities of websites containing child pornography , which are hosted in their territory . however as , despite such efforts , the removal of child pornography content at its source proves to be difficult where the original materials are not located within the eu , mechanisms should also be put in place to block access from the union’s territory to internet pages identified as containing or disseminating child pornography . for that purpose , different mechanisms can be used as appropriate , including facilitating the competent judicial or police authorities to order such blocking , or supporting and stimulating internet service providers on a voluntary basis to develop codes of conduct and guidelines for blocking access to such internet pages . both with a view to the removal and the blocking of child abuse content , cooperation between public authorities should be established and strengthened , particularly in the interest of ensuring that national lists of websites containing child pornography material are as complete as possible and of avoiding duplication of work . any such developments must take account of the rights of the end users , adhere to existing legal and judicial procedures and comply with the european convention on human rights and the charter of fundamental rights of the european union . the safer internet programme has set up a network of hotlines whose goal is to collect information and to ensure coverage and exchange of reports on the major types of illegal content online . ### the depiction of sexual acts involving persons below the age of 18 constitutes a type of content whose production , dissemination , duplication or purchase is not safeguarded with reference to fundamental rights . action is therefore necessary to remove the content at source and to apprehend and subject to the due process of law those guilty of making , distributing or downloading such content . the eu , in particular through increased cooperation with third countries and international organisations and with the help of bilateral or multilateral agreements , should seek to facilitate the effective removal by third country authorities of websites containing child pornography , which are hosted in their territory . cooperation with the international association of internet hotlines should be stepped up . in order to avoid duplication of work , cooperation between public authorities should be established and strengthened . any such developments must take account of the rights of the end users , adhere to existing legal and judicial procedures and comply with the european convention on human rights and the charter of fundamental rights of the european union . the safer internet programme has set up a network of hotlines whose goal is to collect information and to ensure coverage and exchange of reports on the major types of illegal content online .


### horizon 2020 shall be implemented in a way which is complementary to other union funding programmes , including the structural funds . ### horizon 2020 shall be implemented in a way which is complementary to other union funding programmes .


### with the aim of deepening the relationship between science and society and reinforcing public confidence in science , horizon 2020 should favour an informed engagement of citizens and civil society on research and innovation matters by promoting science education , by making scientific knowledge more accessible , by developing responsible research and innovation agendas that meet citizens ' and civil society ' s concerns and expectations and by facilitating their participation in horizon 2020 activities . ### with the aim of deepening the relationship between science and society and reinforcing public confidence in science , horizon 2020 should favour an informed engagement of citizens and civil society on research and innovation matters by promoting science education , by making scientific knowledge more accessible , by promoting research and innovation activities at smaller universities and research centres too , by developing responsible research and innovation agendas that meet citizens ' and civil society ' s concerns and expectations and by facilitating their participation in horizon 2020 activities .


### this directive should apply to contractual disputes between consumers and traders that are arising from the sale of goods or provision of services in all economic sectors . this should include complaints submitted by consumers against traders but also complaints submitted by traders against consumers . this directive should not apply to disputes between traders ; however , it should not prevent member states from adopting or maintaining in force provisions on procedures for the out - of - court resolution of such disputes . ### this directive should apply to contractual disputes between consumers and traders that are arising from the sale of goods or provision of services in all economic sectors . this directive should not apply to disputes between traders ; however , it should not prevent member states from adopting or maintaining in force provisions on procedures for the out - of - court resolution of such disputes .


### implementing the international dimension of the &#8220 ; europe 2020&#8221 ; strategy by supporting union ' s bilateral , regional and inter - regional cooperation partnership strategies , by promoting policy dialogues and by developing collective approaches and responses to challenges of global concern such as energy security , climate change and environment . this objective shall be measured by the uptake of the &#8220 ; europe 2020&#8221 ; policies and objectives by key partner countries ; ### implementing the international dimension of the &#8220 ; europe 2020&#8221 ; strategy by supporting the union ' s bilateral , regional and inter - regional cooperation partnership strategies , by promoting policy dialogues and by developing principles of good governance and collective approaches and responses to challenges of global concern such as the promotion of social cohesion , secure and sustainable energy and energy efficiency , climate change and , job creation , food security , poverty eradication and environmental protection , as well as sustainable management of biodiversity and ecosystems ; this objective shall be measured by &#8220 ; europe 2020&#8221 ; policies and partner country priorities ;


### improving market access and developing trade , investment and business opportunities for european companies by means of economic partnerships and business and regulatory cooperation . this objective shall be measured by the union’s share in foreign trade with key partner countries and by trade and investments flows to partner countries specifically targeted by actions , programmes and measures under this regulation ; ### improving access to third country markets , boosting trade , eliminating barriers to trade and investment while also counteracting unwarranted and / or unjustified protectionist measures and regulatory barriers , by promoting international standards , improving the protection of intellectual property rights , and creating a secure climate for investment and new trading opportunities for european companies worldwide , in particular for small and medium - sized enterprises , by means of economic partnerships , business and legal and taxation regulatory cooperation , and support programmes and instruments to promote sme internationalisation ; this objective shall be measured by the union’s share in foreign trade with key partner countries and by trade and investment flows to all partner countries specifically targeted by actions , programmes and measures under this regulation ;


### the promotion of policy and sectoral dialogues involving union and non - union political , economic , regulatory , environmental , social , research and cultural actors and non - governmental organisations ; ### the promotion of policy and sectoral dialogues involving union and non - union political , civil , economic , regulatory , environmental , social , academic , research and cultural actors and non - state actors ;


### implementing the international dimension of the &#8220 ; europe 2020&#8221 ; strategy by supporting union ' s bilateral , regional and inter - regional cooperation partnership strategies , by promoting policy dialogues and by developing collective approaches and responses to challenges of global concern such as energy security , climate change and environment . this objective shall be measured by the uptake of the &#8220 ; europe 2020&#8221 ; policies and objectives by key partner countries ; ### implementing the international dimension of the &#8220 ; europe 2020&#8221 ; strategy in order to strengthen the complementary relationship between internal and external union policies &#8211 ; especially in the field of innovation , research , and competitiveness &#8211 ; by supporting union ' s bilateral , regional and inter - regional cooperation partnership strategies , by promoting policy dialogues and by developing collective approaches and responses to challenges of global concern such as energy security , climate change and environment . this objective shall be measured by the uptake of the &#8220 ; europe 2020&#8221 ; policies and objectives by key partner countries and influence on policy formulation in those countries ;


### enhancing widespread understanding and visibility of the union and its role on the world scene by means of public diplomacy , education / academic cooperation and outreach activities to promote union ' s values and interests . this objective may be measured , inter alia , by opinion surveys or evaluations . ### enhancing widespread understanding and visibility of the union and its role on the world scene by means of public diplomacy , education / academic cooperation , outreach activities to promote union ' s values and interests and support for civil society organisations and social partners . this objective may be measured , inter alia , by opinion surveys or evaluations .


### this regulation establishes a partnership instrument for cooperation with third countries to advance and promote eu and mutual interests . the partnership instrument shall support measures that respond in an effective and flexible manner to objectives arising from the union ' s bilateral , regional or multilateral relationships with third countries and address challenges of global concern . ### this regulation establishes a partnership instrument for cooperation with third countries to advance and promote eu and mutual interests . the partnership instrument shall support measures not covered by the other external financial instruments that respond in an effective and flexible manner to objectives arising from the union ' s bilateral , regional or multilateral relationships with third countries and address challenges of global concern . furthermore , it shall promote activities with civil society organisations of the partner countries , support for the institution - building and the rule of law .


### the promotion of initiatives and actions of union or mutual interest in areas such as climate change , environmental matters including biodiversity , resource efficiency , raw materials , energy , transport , science , research and innovation , employment and social policy , sustainable development , including promotion of decent work , and corporate social responsibility , south - south trade and cooperation , education , culture , tourism , information and communication technologies , health , justice , customs , taxation , financial , statistics and any other matter pertaining to the union’s specific interests or of mutual interest between the union and third countries ; ### the promotion of initiatives and actions of union or mutual interest in areas such as climate change , environmental matters including biodiversity , resource efficiency , raw materials , energy , transport , science , research and innovation , consolidation of regional and local authorities and civil society , employment and social policy , sustainable development , including promotion of decent work , and corporate social responsibility , south - south and north - south trade and cooperation , education , vocational training , culture , tourism , local development , information and communication technologies , health , justice , customs , intellectual property rights , data protection , taxation , financial and statistics matters pertaining to the union’s specific interests or of mutual interest between the union and third countries ;


### measures financed under this regulation shall be based , where appropriate , on cooperation policies set out in instruments such as agreements , declarations and action plans between the union and the third countries and regions concerned , and shall also relate to areas linked to the union ' s specific interests , policy priorities and strategies . ### measures financed under this regulation shall be based , where appropriate , on cooperation policies set out in instruments such as agreements , declarations and action plans between the union and the third countries and regions concerned , on dialogue with relevant civil society interlocutors from the union and the countries concerned and shall also relate to areas linked to the union ' s specific interests , policy priorities and strategies .


### this regulation establishes a partnership instrument for cooperation with third countries to advance and promote eu and mutual interests . the partnership instrument shall support measures that respond in an effective and flexible manner to objectives arising from the union ' s bilateral , regional or multilateral relationships with third countries and address challenges of global concern . ### this regulation establishes a partnership instrument for cooperation with third countries to advance and promote eu and mutual interests . the partnership instrument shall support measures not covered by the other external financial instruments that respond in an effective and flexible manner to objectives arising from the union ' s bilateral , regional or multilateral relationships with third countries and address challenges of global concern . it will require a rule - based , inclusive approach based on partnership , the promotion of human rights and fundamental freedoms , the rule of law , principles of equality , and the common values enshrined in international law , close consultation and cooperation with the third countries concerned . the partnership instrument shall also aim to enhance and promote the role of civil society organisations as a key component of the social , economic and political structure of a country .


### the facilitation of trade relations and trade integration processes , including south - south , support to union investment flows and economic partnerships , including a focus on small and medium - sized enterprises ; ### the facilitation of economic and trade relations and trade integration processes , including south - south , and the consolidation of trading relations with emerging macro - areas important to the union , support to union investment flows and economic partnerships , including a focus on small and medium - sized enterprises ; support measures and instruments to promote sme internationalisation ; improvements to the protection of intellectual property rights , intensification of regulatory dialogue , facilitation of access to third - country markets , and best practices in economics , trade , tax and financial matters ;


### member state shall report regularly to the commission and to the economic and financial committee or any sub - committee it will designate for that purpose , for the general government and its sub - sectors , the in - year budgetary execution , the budgetary impact of discretionary measures taken on both the expenditure and the revenue side , targets for the government expenditure and revenues , as well as information on the measures adopted and the nature of those envisaged to achieve the targets . the report shall be made public . ### member state may be asked to report regularly to the commission and to the economic and financial committee , for the general government and its sub - sectors , the in - year budgetary execution , the budgetary impact of discretionary measures taken on both the expenditure and the revenue side , targets for the government expenditure and revenues , as well as information on the measures adopted and the nature of those envisaged to achieve the targets . the report shall be made public .


### the eurogroup shall discuss opinions of the commission on the national budgetary plans and the budgetary situation and prospects in the euro area as a whole on the basis of the overall assessment made by the commission in accordance with paragraph 3 . the assessment shall be made public . ### the eurogroup and the relevant committee of the european parliament shall discuss opinions of the commission on the national budgetary plans and the budgetary situation and prospects in the euro area as a whole on the basis of the overall assessment made by the commission in accordance with paragraph 3 . the assessment shall be made public and shall be taken into account in the following european semester , in particular in the annual growth survey .


### the amendments to the stability and growth pact increase both the guidance , and , for the member states whose currency is the euro , incentives for the setting and the implementation of a prudent budgetary policy , while avoiding excessive government deficits . these provisions have created a more robust framework at the level of the union for the surveillance of national economic policies . ### the amendments to the stability and growth pact increase both the guidance , and , for the member states whose currency is the euro , reinforced and more automatic sanctions where a prudent budgetary policy is not complied with , while avoiding excessive government deficits . these provisions have created a more robust framework at the level of the union for the surveillance of national economic policies but closer coordination of economic policy and incentives for compliance are needed .


### in case of risks of non - compliance with the deadline to correct the excessive deficit , the commission shall address a recommendation to the member state concerned for adoption of further measures within a timeframe consistent with the deadline for the correction of its excessive deficit referred to in paragraph 1 . the recommendation by the commission shall be made public , and , at the request of the parliament of the member state concerned , shall be presented by the commission to the parliament concerned . ### in case of risks of non - compliance with the deadline to correct the excessive deficit , the commission shall address a recommendation to the member state concerned for adoption of further measures within a timeframe consistent with the deadline for the correction of its excessive deficit referred to in paragraph 1 . the recommendation by the commission shall be made public , and , at the request of the parliament of the member state concerned or the european parliament , shall be presented by the commission to the parliament concerned .


### there is strong evidence showing the effectiveness of rules - based fiscal frameworks in supporting sound and sustainable fiscal policies . the introduction of national fiscal rules that are consistent with the budgetary objectives set at union level should be a crucial element to ensure the respect of the stability and growth pact provisions . in particular , member states should put in place structural balanced budget rules which transpose into national legislation the main principles of the union fiscal framework . this transposition should be effective through binding rules preferably of a constitutional nature so as to demonstrate the strongest commitment of national authorities in relation to the stability and growth pact . ### effective rules - based fiscal frameworks can be important in supporting sound and sustainable fiscal policies . the introduction of national fiscal rules that are consistent with the economic and budgetary objectives set at union level should be a crucial element to ensure the sustainable respect of the stability and growth pact provisions .


### as demonstrated by the sovereign debt crisis , and in particular by the need to put in place common financial backstops , member states whose currency is the euro share enhanced spillovers from their budgetary policy . each of the member states whose currency is the euro should consult the commission and other member states whose currency is the euro before the adoption of any major fiscal policy reform plans with potential spillover effects , so as to give the possibility for an assessment of possible impact for the euro area as a whole . they should consider their budgetary plans to be of common concern and submit them to the commission for monitoring purposes in advance of the plans becoming binding . the commission should be in a position , if necessary , to adopt an opinion on the draft budgetary plan , that the member state and in particular budgetary authorities should be invited to take into account in the process of the budget law adoption . such an opinion should ensure that union ' s policy guidance in the budgetary area is appropriately integrated in the national budgetary preparations . in particular , this opinion should include an assessment of whether or not the budgetary plans appropriately address the recommendations issued in the context of the european semester in the budgetary area . the commission should stand ready to present this opinion to the parliament of the member state concerned at its request . the extent to which this opinion has been taken into account should be part of the assessment , if and when the conditions are met , leading to the decision to place the concerned member state in excessive deficit procedure , where no follow - up to the early guidance from the commission should be considered as an aggravating factor . also , based on an overall assessment of the plans by the commission , the eurogroup should discuss the budgetary situation and prospects for the euro area . ### member states whose currency is the euro share enhanced spillovers from their budgetary and economic policies . each of the member states whose currency is the euro should consult the commission and other member states whose currency is the euro before the adoption of any major economic and fiscal policy reform plans with potential spillover effects , so as to give the possibility for an assessment of possible impact for the euro area as a whole . they should consider their budgetary and economic plans to be of common concern and submit them to the commission for monitoring purposes in advance of the plans becoming binding . the commission should be in a position , if necessary , to adopt an opinion on the draft budgetary plan , that the member state should be invited to take into account in the process of the budget law adoption . such an opinion should ensure that union ' s policy guidance in the economic and budgetary area is appropriately integrated in the national budgetary preparations . in particular , this opinion should include an assessment of whether or not the budgetary plans appropriately address the recommendations issued in the context of the european semester in the economic and budgetary area . in the same context , the commission should ensure that member states ' commitments within the framework of their national reform programmes , commitments made within the framework of economic partnership programmes , and any council recommendations within the macroeconomic imbalances procedure , are appropriately reflected in the draft national budget . the commission should stand ready to present this opinion to the parliament of the member state concerned at its request . the extent to which this opinion has been taken into account should be part of the assessment , if and when the conditions are met , leading to the decision to place the concerned member state in excessive deficit procedure , where no follow - up to the early guidance from the commission should be considered as an aggravating factor . also , based on an overall assessment of the plans by the commission , the eurogroup should discuss the budgetary situation and prospects for the euro area .


### where the commission identifies particularly serious non - compliance with the budgetary policy obligations laid down in the stability and growth pact , it shall , within two weeks from the submission of the draft budgetary plan , request a revised draft budgetary plan from the member state concerned . this request shall be made public . paragraphs 2 to 4 shall apply in case of revised draft budgetary plan . ### the commission shall be empowered to adopt delegated acts in accordance with article - 11 specifying the content of the draft budgetary plan referred to in paragraph 1 as well as specifying the content of different provisions referred to in paragraphs 2 to 4 .


### member states shall make public annually their medium - term fiscal plans in accordance with their medium - term budgetary framework based on independent macroeconomic forecast together with their stability programmes , no later than 15 april . ### member states shall , in the context of the european semester referred to in article 2 - a of regulation no 1466 / 97 , make public , preferably by mid april and no later than 30 april each year , their national medium - term fiscal plans in accordance with their medium - term budgetary framework , based on credible and independent macroeconomic forecast forecasts . such plans shall be presented together with their stability programmes , no later than 15 april the nrps and scps and shall be fully compatible with the policy orientations based on the annual growth survey and the annual reports under the macroeconomic imbalances procedure as established in regulation no 1174 / 2011 and regulation no 1176 / 2011 .


### member states shall make public annually their medium - term fiscal plans in accordance with their medium - term budgetary framework based on independent macroeconomic forecast together with their stability programmes , no later than 15 april . ### member states shall , in the context of the european semester defined in article 2 - a of regulation no 1466 / 97 make public , preferably by 30 april each year , their national medium - term fiscal plans in accordance with their medium - term budgetary framework , based on credible and independent macroeconomic forecasts . such plans shall be presented together with the nrps and scps and shall be fully compatible with the policy orientations based on the annual growth survey and the annual reports under the macroeconomic imbalances procedure as established in regulation no 1174 / 2011 and regulation no 1176 / 2011 .


### member states shall have in place an independent fiscal council for monitoring the implementation of national fiscal rules as referred to in paragraph 1 . ### member states shall have in place a fiscal council for monitoring the implementation of national fiscal rules as referred to in paragraph 1 .


### in order to enhance the dialogue between the union institutions , in particular the european parliament , the council and the commission , and to ensure greater transparency and accountability , the competent committee of the european parliament may offer the opportunity to the member state concerned by a commission recommendation to participate in an exchange of views , ### in order to enhance the dialogue between the union institutions , in particular the european parliament , the council and the commission , and to ensure greater transparency and accountability , the competent committees of the european parliament may offer the opportunity to the member state concerned by a commission recommendation as well as the social partners of that member state to participate in an exchange of views ,


### biased and unrealistic macroeconomic and budgetary forecasts can considerably hamper the effectiveness of budgetary planning and consequently impair commitment to budgetary discipline . forecasts from independent bodies can provide unbiased and realistic macroeconomic forecasts . ### biased and unrealistic macroeconomic and budgetary forecasts can considerably hamper the effectiveness of budgetary planning and consequently impair commitment to budgetary discipline . forecasts from credible and independent bodies can provide unbiased and realistic macroeconomic forecasts , once their comparability and coherence has been granted .


### the commission opinion shall be made public and , at the request of the parliament of the member state concerned , shall be presented by the commission to the parliament concerned . ### the commission opinion shall be made public and , at the request of the parliament of the member state concerned or the european parliament , shall be presented by the commission to the parliament concerned .


### this gradually strengthened surveillance will further complement the existing provisions of the stability and growth pact and strengthen the surveillance of budgetary discipline in member states whose currency is the euro . a gradually enhanced monitoring procedure should contribute to better budgetary outcomes to the benefit of all member states whose currency is the euro . as part of a gradually strengthened procedure , a closer monitoring is particularly valuable to member states that are subject to an excessive deficit procedure . ### this gradually strengthened surveillance and coordination will further complete the european semester for economic policy coordination , complement the existing provisions of the stability and growth pact and strengthen the surveillance of budgetary soundness and economic convergence in member states whose currency is the euro . a gradually enhanced monitoring procedure should contribute to better budgetary and economic outcomes to the benefit of all member states whose currency is the euro . as part of a gradually strengthened procedure , a closer monitoring is particularly valuable to member states that are subject to an excessive deficit procedure .


### as demonstrated by the sovereign debt crisis , and in particular by the need to put in place common financial backstops , member states whose currency is the euro share enhanced spillovers from their budgetary policy . each of the member states whose currency is the euro should consult the commission and other member states whose currency is the euro before the adoption of any major fiscal policy reform plans with potential spillover effects , so as to give the possibility for an assessment of possible impact for the euro area as a whole . they should consider their budgetary plans to be of common concern and submit them to the commission for monitoring purposes in advance of the plans becoming binding . the commission should be in a position , if necessary , to adopt an opinion on the draft budgetary plan , that the member state and in particular budgetary authorities should be invited to take into account in the process of the budget law adoption . such an opinion should ensure that union ' s policy guidance in the budgetary area is appropriately integrated in the national budgetary preparations . in particular , this opinion should include an assessment of whether or not the budgetary plans appropriately address the recommendations issued in the context of the european semester in the budgetary area . the commission should stand ready to present this opinion to the parliament of the member state concerned at its request . the extent to which this opinion has been taken into account should be part of the assessment , if and when the conditions are met , leading to the decision to place the concerned member state in excessive deficit procedure , where no follow - up to the early guidance from the commission should be considered as an aggravating factor . also , based on an overall assessment of the plans by the commission , the eurogroup should discuss the budgetary situation and prospects for the euro area . ### as demonstrated by the sovereign debt crisis , and in particular by the need to put in place common financial backstops , member states whose currency is the euro share enhanced spillovers from their budgetary and macroeconomic policy . each of the member states whose currency is the euro should consult the commission and other member states whose currency is the euro before the adoption of any major fiscal policy reform plans with potential spillover effects , so as to give the possibility for an assessment of possible impact for the euro area as a whole , including social and environmental impact . they should consider their budgetary plans to be of common concern and submit them to the commission for monitoring purposes in advance of the plans becoming binding . the commission should be in a position , if necessary , to adopt an opinion on the draft budgetary plan , that the member state and in particular budgetary authorities should be invited to take into account in the process of the budget law adoption . such an opinion should ensure that union ' s policy guidance given in the european semester is appropriately integrated in the national budgetary preparations . in particular , this opinion should include an assessment of whether or not the budgetary plans appropriately address the ' eu 2020 ' growth , employment and social targets as well as the recommendations issued in the context of the european semester . the commission should stand ready to present this opinion to the parliament of the member state concerned at its request . the extent to which this opinion has been taken into account should be part of the assessment , if and when the conditions are met , leading to the decision to place the concerned member state in excessive deficit procedure , where no follow - up to the early guidance from the commission should be considered as an aggravating factor . also , based on an overall assessment of the plans by the commission , the eurogroup should discuss the budgetary situation and prospects for the euro area .


### member states whose currency is the euro and which are subject to an excessive deficit procedure should be monitored more closely to secure a full and timely correction of the excessive deficit . a closer monitoring should ensure early correction of any deviations from the council recommendations to correct the excessive deficit . such monitoring should complement the provisions set out in regulation no 1467 / 97 . the modalities of this closer monitoring should be graduated depending on the stage of the procedure the member state is subject to , as provided for in article 126 of the treaty . ### member states whose currency is the euro and which are subject to an excessive deficit procedure should be monitored more closely to secure a coherent , sustainable and timely correction of the excessive deficit . a closer monitoring should ensure early correction of any deviations from the council recommendations to correct the excessive deficit or from the country - specific recommendations . such monitoring should complement the provisions set out in regulation no 1467 / 97 . the modalities of this closer monitoring should be graduated depending on the stage of the procedure the member state is subject to , as provided for in article 126 of the treaty .