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


### member states shall provide for exemptions or derogations from the provisions on the general principles in chapter ii , the rights of the data subject in chapter iii , on controller and processor in chapter iv , on the transfer of personal data to third countries and international organisations in chapter v , the independent supervisory authorities in chapter vi and on co - operation and consistency in chapter vii for the processing of personal data carried out solely for journalistic purposes or the purpose of artistic or literary expression in order to reconcile the right to the protection of personal data with the rules governing freedom of expression . ### member states shall provide for exemptions or derogations from the provisions on the general principles in chapter ii , the rights of the data subject in chapter iii , on controller and processor in chapter iv , on the transfer of personal data to third countries and international organisations in chapter v , the independent supervisory authorities in chapter vi and on co - operation and consistency in chapter vii whenever this is necessary in order to reconcile the right to the protection of personal data with the rules governing freedom of expression .


### the commission shall be empowered to adopt delegated acts in accordance with article 86 for the purpose of further specifying the criteria , conditions and appropriate safeguards for the processing of the special categories of personal data referred to in paragraph 1 and the exemptions laid down in paragraph 2 . ### the european data protection board shall be entrusted with the task of issuing the recommendations regarding criteria , conditions and appropriate safeguards for the protection of special categories of personal data in accordance with paragraph 2 .


### the legitimate interests of a controller may provide a legal basis for processing , provided that the interests or the fundamental rights and freedoms of the data subject are not overriding . this would need careful assessment in particular where the data subject is a child , given that children deserve specific protection . the data subject should have the right to object the processing , on grounds relating to their particular situation and free of charge . to ensure transparency , the controller should be obliged to explicitly inform the data subject on the legitimate interests pursued and on the right to object , and also be obliged to document these legitimate interests . given that it is for the legislator to provide by law the legal basis for public authorities to process data , this legal ground should not apply for the processing by public authorities in the performance of their tasks . ### the legitimate interests of a controller may provide a legal basis for processing , provided that the interests or the fundamental rights and freedoms of the data subject are not overriding . this would need careful assessment in particular where the data subject is a child , given that children deserve specific protection . the data subject should have the right to object the processing , free of charge . to ensure transparency , the controller should be obliged to explicitly inform the data subject on the legitimate interests pursued and on the right to object , and also be obliged to document these legitimate interests . given that it is for the legislator to provide by law the legal basis for public authorities to process data , this legal ground should not apply for the processing by public authorities in the performance of their tasks .


### if the data processed by a controller do not permit the controller to identify a natural person , the data controller should not be obliged to acquire additional information in order to identify the data subject for the sole purpose of complying with any provision of this regulation . in case of a request for access , the controller should be entitled to ask the data subject for further information to enable the data controller to locate the personal data which that person seeks . ### if the data processed by a controller do not permit the controller to identify a natural person , the data controller should not be obliged to acquire additional information in order to identify the data subject for the sole purpose of complying with any provision of this regulation . in case of a request for access , the controller should be entitled to ask the data subject for further information to enable the data controller to locate the personal data which that person seeks . the data controller shall not invoke a possible lack of information to refuse a request of access , when this information can be provided by the data subject to enable such access .


### the processing of personal data for other purposes should be only allowed where the processing is compatible with those purposes for which the data have been initially collected , in particular where the processing is necessary for historical , statistical or scientific research purposes . where the other purpose is not compatible with the initial one for which the data are collected , the controller should obtain the consent of the data subject for this other purpose or should base the processing on another legitimate ground for lawful processing , in particular where provided by union law or the law of the member state to which the controller is subject . in any case , the application of the principles set out by this regulation and in particular the information of the data subject on those other purposes should be ensured . ### the processing of personal data for other purposes should be only allowed where the processing is compatible with those purposes for which the data have been initially collected , in particular where the processing is necessary for historical , statistical or scientific research purposes . where the other purpose is not compatible with the initial one for which the data are collected , the controller should obtain the consent of the data subject for this other purpose . in any case , the application of the principles set out by this regulation and in particular the information of the data subject on those other purposes should be ensured .


### consent should be given explicitly by any appropriate method enabling a freely given specific and informed indication of the data subject ' s wishes , either by a statement or by a clear affirmative action by the data subject , ensuring that individuals are aware that they give their consent to the processing of personal data , including by ticking a box when visiting an internet website or by any other statement or conduct which clearly indicates in this context the data subject ' s acceptance of the proposed processing of their personal data . silence or inactivity should therefore not constitute consent . consent should cover all processing activities carried out for the same purpose or purposes . if the data subject ' s consent is to be given following an electronic request , the request must be clear , concise and not unnecessarily disruptive to the use of the service for which it is provided . ### consent should be given explicitly by any appropriate method enabling a freely given specific and informed indication of the data subject ' s wishes , either by a statement or by a clear affirmative action by the data subject , ensuring that individuals are aware that they give their consent to the processing of personal data , including by ticking a box when visiting an internet website or by any other statement or conduct which clearly indicates in this context the data subject ' s acceptance of the proposed processing of their personal data . informed consent should be facilitated insofar as possible by user - friendly information about the types of processing to be carried out . silence , mere use of a service , or inactivity , such as not un - ticking pre - ticked boxes , should therefore not constitute consent . consent should cover all processing activities carried out for the same purpose or purposes . if the data subject ' s consent is to be given following an electronic request , the request must be clear , concise and not unnecessarily disruptive to the use of the service for which it is provided .


### personal data which are , by their nature , particularly sensitive and vulnerable in relation to fundamental rights or privacy , deserve specific protection . such data should not be processed , unless the data subject gives his explicit consent . however , derogations from this prohibition should be explicitly provided for in respect of specific needs , in particular where the processing is carried out in the course of legitimate activities by certain associations or foundations the purpose of which is to permit the exercise of fundamental freedoms . ### personal data which are , by their nature , particularly sensitive and vulnerable in relation to fundamental rights or privacy , deserve specific protection . such data should not be processed , unless the data subject gives his explicit and informed consent . however , derogations from this prohibition should be explicitly provided for in respect of specific needs , in particular where the processing is carried out in the course of legitimate activities by certain associations or foundations the purpose of which is to permit the exercise of fundamental freedoms .


### the controller or the processor shall designate a data protection officer for a period of at least two years . the data protection officer may be reappointed for further terms . during their term of office , the data protection officer may only be dismissed , if the data protection officer no longer fulfils the conditions required for the performance of their duties . ### the controller or the processor shall designate a data protection officer for a given term period of his choosing . the data protection officer may be reappointed for further terms . during their term of office , the data protection officer may only be dismissed , if the data protection officer no longer fulfils the conditions required for the performance of their duties as the company management sees fit .


### the erdf should contribute to the europe 2020 strategy , thus ensuring greater concentration of erdf support on the priorities of the union . according to the category of regions supported , the support from the erdf should be concentrated on research and innovation , small and medium - sized enterprises and climate change mitigation . the degree of concentration should take into account the level of development of the region as well as the specific needs of regions whose gdp per capita for the 2007 - 13 period was less than 75% of the average gdp of the eu - 25 for the reference period . ### the erdf should contribute to the europe 2020 strategy , thus ensuring greater concentration of erdf support on the priorities of the union . according to the category of regions supported , the support from the erdf should be concentrated on research and innovation , small and medium - sized enterprises and climate change mitigation . particular attention should be paid to the need to coordinate with existing eu instruments and programmes in the above - mentioned fields . the degree of concentration should take into account the level of development of the region as well as the specific needs of regions whose gdp per capita for the 2007 - 13 period was less than 75% of the average gdp of the eu - 25 for the reference period .


### in order to more effectively prevent the entry of infringing goods , particularly in the context of sales over the internet , the proprietor should be entitled to prohibit the importing of such goods into the union , where it is only the consignor of the goods who acts for commercial purposes . ### in order to more effectively prevent the entry of infringing goods , particularly in the context of sales over the internet , the proprietor should be entitled to prohibit the importing of such goods into the union , where it is only the consignor of the goods who acts for commercial purposes . for this purpose , the proprietor should take relevant actions as provided for under directive 48 / 2004 / ec of the european parliament and of the council of 29 april 2004 on the enforcement of intellectual property rights and regulation 608 / 2013 of the european parliament and of the council of 12 june 2013 concerning customs enforcement of intellectual property rights .


### with the aim of strengthening trade mark protection and combatting counterfeiting more effectively , the proprietor of a european trade mark should be entitled to prevent third parties from bringing goods into the customs territory of the union without being released for free circulation there , where such goods come from third countries and bear without authorization a trade mark which is essentially identical to the european trade mark registered in respect of such goods . ### with the aim of strengthening trade mark protection and combatting counterfeiting more effectively , the proprietor of a european trade mark should be entitled to prevent third parties from bringing goods into the customs territory of the union without being released for free circulation there , where such goods come from third countries and bear without authorization a trade mark which is essentially identical to the european trade mark registered in respect of such goods . this should be without prejudice to the union ' s compliance with wto rules , notably with gatt article v on freedom of transit and its right to promote access to medicines for third countries .


### the proprietor of a european trade mark shall also be entitled to prevent the importing of goods referred to in paragraph 3 where only the consignor of the goods acts for commercial purposes . ### the proprietor of a european trade mark shall also be entitled to prevent the importing of goods referred to in paragraph 3 where only the consignor of the goods acts for commercial purposes . to this purpose the proprietor of a european trade mark shall be entitled to take relevant legal actions as provided by directive 48 / 2004 / ec and to request national customs authorities to take action in respect of goods which allegedly infringe their rights , such as detention and destruction in accordance with . regulation concerning customs enforcement of intellectual property rights [ 2011 / 0137 ] . member states shall also take appropriate measures to prevent the sale of counterfeit goods over the internet .


### actions of the eu aid volunteers ### actions of the eu aid volunteers ' initiative


### based on the multilateral surveillance procedure and the alert mechanism , the commission should identify the member states to be subject to an in - depth review . the in - depth review should encompass a thorough analysis of sources of imbalances in the member state under review . it should be discussed within the council and the euro group for the member states whose currency is the euro . ### based on the multilateral surveillance procedure and the alert mechanism , the commission should , by way of preliminary assessment , identify the member states to be subject to an in - depth review . conducting such an in - depth review should not imply a presumption of the existence of excessive macroeconomic imbalances . the in - depth review should encompass a thorough analysis of the causes of imbalances and the capacity of the member state under review to resolve them . an in - depth review should be seen as a standard procedure in the diagnosis phase .


### the scoreboard shall be made up of an array of macroeconomic and macrofinancial indicators for member states . the commission may set indicative lower or upper thresholds for these indicators to serve as alert levels . the thresholds applicable to member states whose currency is the euro may be different from those applicable to the other member states . ### the scoreboard shall be made up of an array of indicators that are relevant for detecting the risk of potential macroeconomic , macrofinancial and social imbalances in member states or among them . the commission shall set indicative symmetric lower and upper thresholds for these indicators to serve as alert levels , taking into account the starting performance of member states as well as the average position of the union and the euro area and its evolution over time . the thresholds applicable to member states whose currency is the euro may be different from those applicable to the other member states .


### the scoreboard should consist of a limited set of economic and financial indicators relevant to detection of macroeconomic imbalances , with corresponding indicative thresholds . the composition of the scoreboard may evolve in time , inter alia due to evolving threats to macroeconomic stability or enhanced availability of relevant statistics . ### the scoreboard should consist of a limited set of economic and financial indicators relevant to detection of macroeconomic imbalances , with corresponding indicative thresholds . the composition of the scoreboard may evolve in time , inter alia due to evolving threats to macroeconomic stability or enhanced availability of relevant statistics . these indicators should take full account of and should in no way undermine the diverse national systems for adapting wages to the cost of living which have been established as a social balancing instrument in order to preserve the purchasing power of the citizens ;


### if , on the basis of its in - depth review referred to in article 5 of this regulation , the commission considers that a member state is experiencing imbalances , it shall inform the council accordingly . the council , on a recommendation from the commission , may address the necessary recommendations to the member state concerned , in accordance with the procedure set out in article 121 of the treaty . ### if , on the basis of its in - depth review referred to in article 5 of this regulation , the commission considers that a member state is experiencing imbalances , it shall inform the european parliament and the council accordingly . the council , on a recommendation from the commission and after consulting the european parliament , may address the necessary recommendations to the member state concerned , in accordance with the procedure set out in article 121 tfeu .


### the commission shall regularly assess the appropriateness of the scoreboard , including the composition of indicators , the thresholds set and the methodology used , and shall adapt it if necessary to preserve or enhance its capability to detect emerging imbalances and monitor their development . changes in the underlying methodology and composition of the scoreboard and the associated thresholds shall be made public . ### the commission shall regularly assess the appropriateness of the scoreboard , including the composition of indicators , the thresholds set and the methodology used , and shall be empowered to adopt delegated acts in accordance with article - 12 in order to adapt it if necessary to preserve or enhance its capability to detect emerging imbalances and monitor their development .


### the release of the updated scoreboard shall be accompanied by a commission report containing an economic and financial assessment putting the movement of the indicators into perspective drawing if necessary on any other economic and financial indicator relevant to detection of imbalances . the report shall also indicate whether the crossing of lower or upper thresholds in one or more member states signifies the possible emergence of imbalances . ### the release of the updated scoreboard shall be accompanied by a commission report containing a sound economic and financial assessment and putting the indicators into perspective . best practices shall be taken into account . the report shall also indicate whether the crossing of lower or upper thresholds in one or more member states signifies the possible emergence of imbalances inside the member state concerned , in another member state or across the union as a whole . all the available information shall be taken into account and conclusions shall not be drawn from the scoreboard based on the indicators alone .


### the release of the updated scoreboard shall be accompanied by a commission report containing an economic and financial assessment putting the movement of the indicators into perspective , drawing if necessary on any other economic and financial indicator relevant to detection of imbalances . the report shall also indicate whether the crossing of lower or upper thresholds in one or more member states signifies the possible emergence of imbalances . ### the release of the updated scoreboard shall be accompanied by a commission report containing a sound economic , social and financial assessment , notably of competitiveness and convergence , and putting the indicators into perspective , drawing if necessary on any other economic , social and financial or structural indicator relevant to detection of imbalances . best practices shall be taken into account . the report shall also indicate whether the crossing of lower or upper thresholds in one or more member states signifies the possible emergence of imbalances inside the member state concerned , in another member state or across the union as a whole . all the available information shall be taken into account and conclusions shall not be drawn from the scoreboard based on the indicators alone .


### ' imbalances ' means macroeconomic developments which are adversely affecting , or have the potential adversely to affect , the proper functioning of the economy of a member state or of economic and monetary union , or of the union as a whole . ### ' imbalances ' means macroeconomic or social developments which are adversely affecting , or have the potential adversely to affect , the proper functioning of the economy , the competitiveness and convergence of , or the social cohesion in , a member state , the euro area , or the union as a whole .


### when assessing imbalances , account should be taken of their severity , of the degree to which they may be considered unsustainable and of the potential negative economic and financial spillovers to other member states . the economic adjustment capacity and the track record of the member state concerned as regards compliance with earlier recommendations issued under this regulation and other recommendations issued under article 121 of the treaty as part of multilateral surveillance , in particular the broad guidelines for the economic policies of the member states and of the union , should also be considered . ### when assessing imbalances , account should be taken of their causes , of their severity , of the degree to which they may be considered unsustainable and of the potential negative economic and financial spillovers to other member states . the structural or short - term nature of imbalances as well as the national , union or external character of their causes needs to be understood . inter - linkages between policy options by different member states as well as spill - over effects should be adequately taken into account . the track record of the member state concerned as regards compliance with earlier recommendations issued under this regulation and other recommendations issued under article 121 of the treaty as part of multilateral surveillance , in particular the broad guidelines for the economic policies of the member states and of the union and the consequences of such recommendations should also be considered .


### the scoreboard shall be made up of an array of macroeconomic and macrofinancial indicators for member states . the commission may set indicative lower or upper thresholds for these indicators to serve as alert levels . the thresholds applicable to member states whose currency is the euro may be different from those applicable to the other member states . ### the scoreboard , made up of an array of indicators for member states shall allow for comparisons between member states and reflect short - term , structural and medium - long term trends . the commission shall set indicative and symmetric lower or upper thresholds for these indicators to serve as alert levels .


### to help address such imbalances , a procedure laid down in detail in legislation is necessary . ### to help address such imbalances , a more integrated economic and social approach and a procedure laid down in detail in legislation is necessary .


### the scoreboard should consist of a limited set of economic and financial indicators relevant to detection of macroeconomic imbalances , with corresponding indicative thresholds . the composition of the scoreboard may evolve in time , inter alia due to evolving threats to macroeconomic stability or enhanced availability of relevant statistics . ### the scoreboard should consist of a limited set of real and nominal economic , social and financial indicators relevant to competitiveness and the detection of macroeconomic and social imbalances , with corresponding indicative thresholds . the composition of the scoreboard should be amended by way of delegated acts , if needed , inter alia due to evolving threats to macroeconomic and social stability or enhanced availability of relevant statistics .


### if macroeconomic imbalances are identified , recommendations should be addressed to the member state concerned to provide guidance on appropriate policy responses . the policy response of the member state concerned to imbalances should be timely and should use all available policy instruments under the control of public authorities . it should be tailored to the specific environment and circumstances of the member state concerned and cover the main economic policy areas , potentially including fiscal and wage policies , labour markets , product and services markets and financial sector regulation . ### if macroeconomic and social imbalances are identified , recommendations should be addressed to the member state concerned to provide guidance on appropriate policy responses . the policy response of the member state concerned to imbalances should be timely and should use all available policy instruments under the control of public authorities and involve all relevant national stakeholders . it should be tailored to the specific environment and circumstances of the member state concerned , be compatible with medium and long - term convergence and the targets included in a union strategy for growth and jobs , and cover the main economic policy areas , including fiscal and taxation policies , labour markets , product and services markets and financial sector regulation .


### when assessing imbalances , account should be taken of their severity , of the degree to which they may be considered unsustainable and of the potential negative economic and financial spillovers to other member states . the economic adjustment capacity and the track record of the member state concerned as regards compliance with earlier recommendations issued under this regulation and other recommendations issued under article 121 of the treaty as part of multilateral surveillance , in particular the broad guidelines for the economic policies of the member states and of the union , should also be considered . ### when assessing imbalances , account should be taken of their severity , of the degree to which they may be considered unsustainable and , in particular , of the potential negative economic , social and financial spillovers to other member states . the structural or short - term nature of imbalances as well as the national , union or external character of their causes needs to be understood . inter - linkages between policy options by different member states as well as spill - over effects should be adequately taken into account . the track record of the member state concerned as regards compliance with earlier recommendations issued under this regulation and other recommendations issued under articles 121 and 148 tfeu as part of multilateral surveillance , in particular the broad guidelines for the economic policies of the member states and of the union and the guidelines for the employment policies of the member states , as well as the consequences of such recommendations , should also be considered .


### if macroeconomic imbalances are identified , recommendations should be addressed to the member state concerned to provide guidance on appropriate policy responses . the policy response of the member state concerned to imbalances should be timely and should use all available policy instruments under the control of public authorities . it should be tailored to the specific environment and circumstances of the member state concerned and cover the main economic policy areas , potentially including fiscal and wage policies , labour markets , product and services markets and financial sector regulation . ### if macroeconomic and social imbalances are identified , recommendations should be addressed to the member state concerned to provide guidance on appropriate policy responses . the policy response of the member state concerned to imbalances should be timely and should use all relevant policy instruments under the control of public authorities . it should be based on a close dialogue with social partners and other national stakeholders and should fully take into account the restrictions that the fundamental rights of those actors place on government action . it should be tailored to the specific environment and circumstances of the member state concerned and cover the main economic policy areas , potentially including fiscal and taxation policies , labour markets , product and services markets and financial sector regulation . it should be undertaken in respect of article 9 tfeu , and with a view to promoting a high level of employment , the guarantee of adequate social protection and the fight against social exclusion .


### ' imbalances ' means macroeconomic developments which are adversely affecting , or have the potential adversely to affect , the proper functioning of the economy of a member state or of economic and monetary union , or of the union as a whole . ### ' imbalances ' means macroeconomic developments including unsustainable competitiveness trends which persistently reduce internal equilibriums and increase divergences among member states adversely affecting , or having the potential to affect adversely , the proper functioning of the economy of a member state , of economic and monetary union , or of the union as a whole .


### based on the multilateral surveillance procedure and the alert mechanism , the commission should identify the member states to be subject to an in - depth review . the in - depth review should encompass a thorough analysis of sources of imbalances in the member state under review . it should be discussed within the council and the euro group for the member states whose currency is the euro . ### based on the multilateral surveillance procedure and the alert mechanism , the commission should identify the member states to be subject to an in - depth review . the in - depth review should encompass a thorough analysis of sources of internal and external imbalances in the member state under review as well as in the euro area . it should be built on a detailed investigation of a broad range of economic variables and should acknowledge the national specificities regarding industrial relations and social dialogue . it should be discussed within the european parliament , the council and the euro group for the member states whose currency is the euro .


### based on the multilateral surveillance procedure and the alert mechanism , the commission should identify the member states to be subject to an in - depth review . the in - depth review should encompass a thorough analysis of sources of imbalances in the member state under review . it should be discussed within the council and the euro group for the member states whose currency is the euro . ### based on the multilateral surveillance procedure and the alert mechanism , the commission should , by way of preliminary assessment , identify the member states to be subject to an in - depth review . conducting such an in - depth review should not imply a presumption of the existence of excessive macroeconomic imbalances . the in - depth review should encompass a thorough analysis of the causes of imbalances and the capacity of the member state under review to resolve them . an in - depth review should be seen as a standard procedure in the diagnosis phase .


### taking account of the discussions in the council and the euro group , as provided for in article 4 , the commission shall prepare an in - depth review for each member state it considers affected by , or at risk of , imbalances . this assessment shall include an evaluation of whether the member state in question is affected by imbalances , and of whether these imbalances constitute excessive imbalances . ### taking account of the discussions in the european parliament , the council and the euro group , as provided for in article 4 , the commission shall prepare an in - depth review for each member state it considers may be affected by , or may be at risk of , imbalances . this assessment shall constitute a standard procedure . it shall include an evaluation of whether the member state in question is affected by imbalances , whether these imbalances constitute excessive imbalances and how severe they are . the in - depth review shall build on detailed investigations of member - state - specific circumstances and a broad range of economic variables . the review shall be undertaken in conjunction with surveillance missions to the member state concerned in accordance with article - 12 .


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


### having regard to the treaty on the functioning of the european union , and in particular article 121 thereof , ### having regard to the treaty on the functioning of the european union , and in particular article 121 , in combination with article 148 and , thereof ,


### the commission shall , after consultation with member states , establish an indicative scoreboard as a tool to facilitate early identification and monitoring of imbalances . ### the commission shall be empowered to adopt delegated acts , after consulting the social partners , in accordance with article - 12 in order to facilitate early identification and monitoring of imbalances by establishing a scoreboard comprising a list of indicators , which may be amended when deemed necessary in order to integrate new emerging imbalances and better assess competitiveness positions or excessive internal and external imbalances . 1a . the scoreboard shall include a list of indicators as set out in the annex .


### the council , on a recommendation from the commission , may adopt recommendations in accordance with article 121 of the treaty declaring the existence of an excessive imbalance and recommending the member state concerned to take corrective action . those recommendations shall set out the nature of the imbalances and specify the corrective action to be taken in detail and the deadline within which the member state concerned must take such corrective action . the council may , as provided for in article 121 of the treaty , make its recommendations public . ### the council , on a recommendation from the commission after consulting the european parliament , may adopt recommendations in accordance with article 121 tfeu declaring the existence of an excessive imbalance and recommending the member state concerned to take corrective action . those recommendations shall set out the nature of the imbalances and specify the corrective action to be taken in detail and the deadline within which the member state concerned must take such corrective action . the council may , as provided for in article 121 tfeu , make its recommendations public .


### the commission shall regularly assess the appropriateness of the scoreboard , including the composition of indicators , the thresholds set and the methodology used , and shall adapt it if necessary to preserve or enhance its capability to detect emerging imbalances and monitor their development . changes in the underlying methodology and composition of the scoreboard and the associated thresholds shall be made public . ### the commission shall regularly assess the appropriateness of the scoreboard , including the composition of indicators , the thresholds set and the methodology used , and shall be empowered to adopt delegated acts in accordance with article - 12 in order to adapt it if necessary to preserve or enhance its capability to detect emerging imbalances and monitor their development .


### if economic circumstances change , the council , on a recommendation from the commission , may amend the recommendations adopted under article 7 in accordance with the procedure laid down in the same article . the member state concerned shall submit a revised corrective action plan that shall be assessed in accordance with the procedure laid down in article 8 . ### if economic circumstances change , the council , on a recommendation from the commission , after consulting the european parliament , may amend the recommendations adopted under article 7 in accordance with the procedure laid down in the same article . the member state concerned shall submit a revised corrective action plan that shall be assessed in accordance with the procedure laid down in article 8 .


### ' excessive imbalances ‘ means severe imbalances , including imbalances that jeopardise the proper functioning of economic and monetary union . ### ' excessive imbalances ‘ means severe positive or negative imbalances , including imbalances that jeopardise the proper functioning of economic and monetary union or its social cohesion .


### ' imbalances ' means macroeconomic developments which are adversely affecting , or have the potential adversely to affect , the proper functioning of the economy of a member state or of economic and monetary union , or of the union as a whole . ### ' imbalances ' means persistently deteriorating competitiveness and / or other macroeconomic developments which adversely affect , or have the potential to affect adversely the proper functioning of the economy of a member state , of economic and monetary union , or of the union as a whole .


### the release of the updated scoreboard shall be accompanied by a commission report containing an economic and financial assessment putting the movement of the indicators into perspective , drawing if necessary on any other economic and financial indicator relevant to detection of imbalances . the report shall also indicate whether the crossing of lower or upper thresholds in one or more member states signifies the possible emergence of imbalances . ### the release of the updated scoreboard shall be accompanied by a commission report containing a sound economic , social and financial assessment , notably of competitiveness and convergence , and putting the indicators into perspective , drawing if necessary on any other economic , social and financial or structural indicator relevant to detection of imbalances . best practices shall be taken into account . the report shall also indicate whether the crossing of lower or upper thresholds in one or more member states signifies the possible emergence of imbalances inside the member state concerned , in another member state or across the union as a whole . all the available information shall be taken into account and conclusions shall not be drawn from the scoreboard based on the indicators alone .


### if macroeconomic imbalances are identified , recommendations should be addressed to the member state concerned to provide guidance on appropriate policy responses . the policy response of the member state concerned to imbalances should be timely and should use all available policy instruments under the control of public authorities . it should be tailored to the specific environment and circumstances of the member state concerned and cover the main economic policy areas , potentially including fiscal and wage policies , labour markets , product and services markets and financial sector regulation . ### if macroeconomic imbalances are identified , recommendations should be addressed to the member state concerned to provide guidance on appropriate policy responses . the policy response of the member state concerned to imbalances should be timely and should use all available policy instruments under the control of public authorities and involve all relevant national stakeholders . it should be tailored to the specific environment and circumstances of the member state concerned , be compatible with medium and long - term convergence and the targets included in a union strategy for growth and jobs , and cover the main economic policy areas , potentially including fiscal and wage policies , labour markets , product and services markets and financial sector regulation .


### if , on the basis of its in - depth review referred to in article 5 of this regulation , the commission considers that a member state is experiencing imbalances , it shall inform the council accordingly . the council , on a recommendation from the commission , may address the necessary recommendations to the member state concerned , in accordance with the procedure set out in article 121 of the treaty . ### if , on the basis of its in - depth review referred to in article 5 of this regulation , the commission considers that a member state is experiencing imbalances , it shall inform the european parliament and the council accordingly . the council , on a recommendation from the commission , may address the necessary recommendations to the member state concerned , in accordance with the procedure set out in article 121 of the treaty .


### if , on the basis of the in - depth review referred to in article 5 , the commission considers that the member state concerned is affected by excessive imbalances , it shall inform the council accordingly . ### if , on the basis of the in - depth review referred to in article 5 , the commission considers that the member state concerned is affected by excessive imbalances , it shall inform the european parliament and the council accordingly . the commission shall also inform the relevant european supervisory authorities and the esrb , which shall take the necessary steps .


### the council , on a recommendation from the commission , may adopt recommendations in accordance with article 121 of the treaty declaring the existence of an excessive imbalance and recommending the member state concerned to take corrective action . those recommendations shall set out the nature of the imbalances and specify the corrective action to be taken in detail and the deadline within which the member state concerned must take such corrective action . the council may , as provided for in article 121 of the treaty , make its recommendations public . ### the council , on a recommendation from the commission , may adopt recommendations in accordance with article 121 of the treaty declaring the existence of an excessive imbalance and recommending the member state concerned to take corrective action . those recommendations shall set out the nature of the imbalances and outline the corrective action to be taken and the deadline within which the member state concerned must take such corrective action . the council may , as provided for in article 121 of the treaty , make its recommendations public .


### as part of the multilateral surveillance in accordance with article 121 of the treaty , the council shall discuss and adopt conclusions on the commission report . the euro group shall discuss the report as far as it relates , directly or indirectly , to member states whose currency is the euro . ### as part of the multilateral surveillance in accordance with article 121 tfeu and of the examination of the implementation of the employment policies in accordance with article 148 tfeu , the council shall discuss and adopt conclusions on the commission report after consulting the employment committee and the social partners . the competent committee of the european parliament may organise public debates on the commission report . the euro group shall discuss the report as far as it relates , directly or indirectly , to member states whose currency is the euro .


### if macroeconomic imbalances are identified , recommendations should be addressed to the member state concerned to provide guidance on appropriate policy responses . the policy response of the member state concerned to imbalances should be timely and should use all available policy instruments under the control of public authorities . it should be tailored to the specific environment and circumstances of the member state concerned and cover the main economic policy areas , potentially including fiscal and wage policies , labour markets , product and services markets and financial sector regulation . ### if macroeconomic and social imbalances are identified , recommendations should be addressed to the member state concerned to provide guidance on appropriate policy responses . the policy response of the member state concerned to imbalances should be timely and should use all relevant policy instruments under the control of public authorities . it should be based on a close dialogue with social partners and other national stakeholders and should fully take into account the restrictions that the fundamental rights of those actors place on government action . it should be tailored to the specific environment and circumstances of the member state concerned and cover the main economic policy areas , potentially including fiscal and taxation policies , labour markets , product and services markets and financial sector regulation . it should be undertaken in respect of article 9 tfeu , and with a view to promoting a high level of employment , the guarantee of adequate social protection and the fight against social exclusion .


### the early warnings and recommendations by the european systemic risk board to member states or the union address risks of a macrofinancial nature . these may also warrant appropriate follow - up action in the context of the surveillance of imbalances . ### the early warnings and recommendations by the european systemic risk board to member states or the union address risks of a macrofinancial nature . these should also warrant appropriate integration in the scoreboard and follow - up action by the commission in the context of the surveillance of imbalances .


### as appropriate , whether the member state under review has taken appropriate action in response to council recommendations or invitations adopted in accordance with articles 121 and 126 of the treaty and under articles 6 , 7 , 8 and 10 of this regulation ; ### as appropriate , whether the member state under review has taken appropriate action in response to council recommendations or invitations adopted in accordance with articles 121 , 126 and 148 tfeu and under articles 6 , 7 , 8 and 10 of this regulation , and the economic , social and other important consequences of such recommendations ;


### if , on the basis of its in - depth review referred to in article 5 of this regulation , the commission considers that a member state is experiencing imbalances , it shall inform the council accordingly . the council , on a recommendation from the commission , may address the necessary recommendations to the member state concerned , in accordance with the procedure set out in article 121 of the treaty . ### if , on the basis of its in - depth review referred to in article 5 of this regulation , the commission considers that a member state is experiencing imbalances , it shall inform the european parliament and the council accordingly . the council , on a recommendation from the commission and after consulting the european parliament , may address the necessary recommendations to the member state concerned , in accordance with the procedure set out in article 121 tfeu .


### it is appropriate to supplement the multilateral surveillance referred to in article 121 and of the treaty with specific rules for detection , prevention and correction of macroeconomic imbalances . ### it is appropriate to complement the multilateral surveillance referred to in article 121 and tfeu with specific rules for detection , prevention and correction of macroeconomic imbalances that include incentives as well as fines .


### based on the multilateral surveillance procedure and the alert mechanism , the commission should identify the member states to be subject to an in - depth review . the in - depth review should encompass a thorough analysis of sources of imbalances in the member state under review . it should be discussed within the council and the euro group for the member states whose currency is the euro . ### based on the multilateral surveillance procedure and the alert mechanism , the commission should , by way of preliminary assessment , identify the member states to be subject to an in - depth review . conducting such an in - depth review should not imply a presumption of the existence of excessive macroeconomic imbalances . the in - depth review should encompass a thorough analysis of the causes of imbalances and the capacity of the member state under review to resolve them . an in - depth review should be seen as a standard procedure in the diagnosis phase .


### ' imbalances ' means macroeconomic developments which are adversely affecting , or have the potential adversely to affect , the proper functioning of the economy of a member state or of economic and monetary union , or of the union as a whole . ### ' imbalances ' means macroeconomic or social developments which are adversely affecting , or have the potential adversely to affect , the proper functioning of the economy , the competitiveness and convergence of , or the social cohesion in , a member state , the euro area , or the union as a whole .


### any member state for which an excessive imbalance procedure is opened shall submit a corrective action plan to the council and the commission within a deadline to be defined in the recommendations in accordance with article 7 . the corrective action plan shall set out the specific and concrete policy actions the member state concerned has implemented or intends to implement and shall include a timetable for implementation thereof . ### any member state for which an excessive imbalance procedure is opened shall submit a corrective action plan to the council and the commission based on , and within a deadline to be defined in , the recommendations in accordance with article 7 . the corrective action plan shall set out the specific and concrete policy actions the member state concerned has implemented or intends to implement and shall include a timetable for implementation thereof .


### the crossing of one or more indicative thresholds need not necessarily imply that macroeconomic imbalances are emerging , as economic policy - making should take into account inter - linkages between macroeconomic variables . economic judgment should ensure that all pieces of information , whether from the scoreboard or not , are put in perspective and become part of a comprehensive analysis . ### the crossing of one or more indicative thresholds need not necessarily imply that macroeconomic or social imbalances are emerging , as economic policy - making should take into account inter - linkages between macroeconomic and social variables as well as the moment of a particular economy ' s economic cycle . economic judgment should ensure that all pieces of information , whether from the scoreboard or not , are put in perspective and become part of a comprehensive analysis .


### any member state for which an excessive imbalance procedure is opened shall submit a corrective action plan to the council and the commission within a deadline to be defined in the recommendations in accordance with article 7 . the corrective action plan shall set out the specific and concrete policy actions the member state concerned has implemented or intends to implement and shall include a timetable for implementation thereof . ### any member state for which an excessive imbalance procedure is opened shall submit a corrective action plan to the council and the commission within a deadline to be defined in the recommendations in accordance with article 7 tfeu . the corrective action plan shall make use of all relevant policy instruments under the control of public authorities , taking into account the fundamental rights of citizens , social partners and other national stakeholders . the corrective action plan shall set out the specific and concrete policy actions the member state concerned has implemented or intends to implement and shall include a timetable for implementation thereof .


### as part of the multilateral surveillance in accordance with article 121 of the treaty , the council shall discuss and adopt conclusions on the commission report . the euro group shall discuss the report as far as it relates , directly or indirectly , to member states whose currency is the euro . ### as part of the multilateral surveillance in accordance with article 121 of the treaty , the council shall discuss and adopt conclusions on the commission report after having consulted the european parliament . the euro group shall discuss the report as far as it relates , directly or indirectly , to member states whose currency is the euro .


### based on the multilateral surveillance procedure and the alert mechanism , the commission should identify the member states to be subject to an in - depth review . the in - depth review should encompass a thorough analysis of sources of imbalances in the member state under review . it should be discussed within the council and the euro group for the member states whose currency is the euro . ### based on the multilateral surveillance procedure and the alert mechanism , the commission should identify the member states to be subject to an in - depth review . the in - depth review should encompass a thorough analysis of sources of internal and external imbalances in the member state under review as well as in the euro area . it should be built on a detailed investigation of a broad range of economic variables and should acknowledge the national specificities regarding industrial relations and social dialogue . it should be discussed within the european parliament , the council and the euro group for the member states whose currency is the euro .


### ' imbalances ' means macroeconomic developments which are adversely affecting , or have the potential adversely to affect , the proper functioning of the economy of a member state or of economic and monetary union , or of the union as a whole . ### ' imbalances ' mean persistently diverging developments between aggregate demand and aggregate supply leading to a systematic surplus or deficit in the overall savings position of an economy , which is adversely affecting , or has the potential to adversely affect the proper functioning of the economy of a member state or of economic and monetary union , or of the union as a whole


### when assessing imbalances , account should be taken of their severity , of the degree to which they may be considered unsustainable and of the potential negative economic and financial spillovers to other member states . the economic adjustment capacity and the track record of the member state concerned as regards compliance with earlier recommendations issued under this regulation and other recommendations issued under article 121 of the treaty as part of multilateral surveillance , in particular the broad guidelines for the economic policies of the member states and of the union , should also be considered . ### when assessing imbalances , account should be taken of their severity , of the degree to which they may be considered unsustainable and , in particular , of the potential negative economic , social and financial spillovers to other member states . the structural or short - term nature of imbalances as well as the national , union or external character of their causes needs to be understood . inter - linkages between policy options by different member states as well as spill - over effects should be adequately taken into account . the track record of the member state concerned as regards compliance with earlier recommendations issued under this regulation and other recommendations issued under articles 121 and 148 tfeu as part of multilateral surveillance , in particular the broad guidelines for the economic policies of the member states and of the union and the guidelines for the employment policies of the member states , as well as the consequences of such recommendations , should also be considered .


### based on the multilateral surveillance procedure and the alert mechanism , the commission should identify the member states to be subject to an in - depth review . the in - depth review should encompass a thorough analysis of sources of imbalances in the member state under review . it should be discussed within the council and the euro group for the member states whose currency is the euro . ### based on the multilateral surveillance procedure and the alert mechanism , the commission should prepare an in depth review for all member states , by way of preliminary assessment . the in - depth review should encompass a thorough analysis of the causes of possible external and internal imbalances , for member states with a surplus or a deficit alike ; and the capacity of the member state under review to resolve them if such imbalances have been evidenced in one way or the other . an in - depth review should be seen as a standard procedure in the diagnosis phase .


### the scoreboard should consist of a limited set of economic and financial indicators relevant to detection of macroeconomic imbalances , with corresponding indicative thresholds . the composition of the scoreboard may evolve in time , inter alia due to evolving threats to macroeconomic stability or enhanced availability of relevant statistics . ### the scoreboard should consist of a limited set of real and nominal economic , social and financial indicators relevant to competitiveness and the detection of macroeconomic and social imbalances , with corresponding indicative thresholds . the composition of the scoreboard should be amended by way of delegated acts , if needed , inter alia due to evolving threats to macroeconomic and social stability or enhanced availability of relevant statistics .


### the commission shall , after consultation with member states , establish an indicative scoreboard as a tool to facilitate early identification and monitoring of imbalances . ### the commission shall be empowered to adopt delegated acts , after consulting the social partners , in accordance with article - 12 in order to facilitate early identification and monitoring of imbalances by establishing a scoreboard comprising a list of indicators , which may be amended when deemed necessary in order to integrate new emerging imbalances and better assess competitiveness positions or excessive internal and external imbalances . 1a . the scoreboard shall include a list of indicators as set out in the annex .


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


### in particular , surveillance of the economic policies of the member states should be broadened beyond budgetary surveillance to prevent excessive macroeconomic imbalances and help the member states affected devise corrective plans before divergences become entrenched . this broadening of the economic surveillance framework should go in parallel with deepening of fiscal surveillance . ### in particular , surveillance of the economic policies of the member states should be broadened beyond budgetary surveillance to prevent excessive macroeconomic and social imbalances , help the member states affected devise corrective plans before divergences become entrenched , promote mutually reinforcing development strategies and facilitate monitoring the progress towards the union’s growth and jobs objectives . this broadening of the economic surveillance framework should go in parallel with deepening of fiscal surveillance .


### if , on the basis of its in - depth review referred to in article 5 of this regulation , the commission considers that a member state is experiencing imbalances , it shall inform the council accordingly . the council , on a recommendation from the commission , may address the necessary recommendations to the member state concerned , in accordance with the procedure set out in article 121 of the treaty . ### if , on the basis of its in - depth review referred to in article 5 of this regulation , the commission considers that a member state is experiencing imbalances , it shall inform the council accordingly . the council , on a recommendation from the commission , may address the necessary recommendations to the member state concerned , in accordance with the procedure set out in article 121 of the treaty . the recommendations made by the council should fully respect the charter of fundamental rights of the european union , article 153 of the treaty as well as the model of industrial relations , social dialogue and collective bargaining of each member state .


### taking account of the discussions in the council and the euro group , as provided for in article 4 , the commission shall prepare an in - depth review for each member state it considers affected by , or at risk of , imbalances . this assessment shall include an evaluation of whether the member state in question is affected by imbalances , and of whether these imbalances constitute excessive imbalances . ### taking account of the discussions in the council and the euro group , as provided for in article 4 , the commission shall prepare an in - depth review for each member state . this assessment shall include an evaluation of whether the member states are affected by imbalances , and of whether these imbalances constitute excessive imbalances .


### this procedure should rely on an alert mechanism for early detection of emerging macroeconomic imbalances . it should be based on use of an indicative and transparent scoreboard combined with economic judgment . ### this procedure should put in place an alert mechanism for early detection of emerging macroeconomic imbalances . it should be based on use of an indicative and transparent scoreboard combined with economic judgment .


### any member state placed under the excessive imbalance procedure should establish a corrective action plan setting out details of its policies designed to implement the council recommendations . the corrective action plan should include a timetable for implementation of the measures envisaged . it should be endorsed by the council on a report from the commission . ### any member state placed under the excessive imbalance procedure should establish a corrective action plan setting out details of its policies designed to implement the council recommendations . the corrective action plan should reflect the nature of the imbalances , be restricted to policy aspects under the legitimate control of government authorities and should include a timetable for implementation of the measures envisaged . it should be endorsed by the council on a report from the commission and after consulting the european parliament .


### the early warnings and recommendations by the european systemic risk board to member states or the union address risks of a macrofinancial nature . these may also warrant appropriate follow - up action in the context of the surveillance of imbalances . ### the early warnings and recommendations by the european systemic risk board to member states or the union address risks of a macrofinancial nature . these should also warrant appropriate integration in the scoreboard and follow - up action by the commission in the context of the surveillance of imbalances .


### a procedure to monitor and correct adverse macroeconomic imbalances , with preventive and corrective elements , will require enhanced surveillance tools based on those used in the multilateral surveillance procedure . this may include enhanced surveillance missions by the commission to member states and additional reporting by the member state in case of severe imbalances , including imbalances that jeopardise the proper functioning of the economic and monetary union . ### a procedure to monitor and correct adverse macroeconomic imbalances , with preventive and corrective elements , will require enhanced surveillance tools based on those used in the multilateral surveillance procedure . this should include enhanced surveillance missions by the commission to member states and additional reporting by the member state in case of severe imbalances , including imbalances that jeopardise the proper functioning of the economic and monetary union .


### the council shall inform the european parliament of its recommendations . the council recommendations shall be made public . ### the council shall inform the national parliaments of its recommendations . the council recommendations shall be made public .


### the scoreboard shall be made up of an array of macroeconomic and macrofinancial indicators for member states . the commission may set indicative lower or upper thresholds for these indicators to serve as alert levels . the thresholds applicable to member states whose currency is the euro may be different from those applicable to the other member states . ### the scoreboard , made up of an array of indicators for member states shall allow for comparisons between member states and reflect short - term , structural and medium - long term trends . the commission shall set indicative and symmetric lower or upper thresholds for these indicators to serve as alert levels .


### the scoreboard shall be made up of an array of macroeconomic and macrofinancial indicators for member states . the commission may set indicative lower or upper thresholds for these indicators to serve as alert levels . the thresholds applicable to member states whose currency is the euro may be different from those applicable to the other member states . ### the scoreboard shall be made up of an array of indicators that are relevant for detecting the risk of potential macroeconomic , macrofinancial and social imbalances in member states or among them . the commission shall set indicative symmetric lower and upper thresholds for these indicators to serve as alert levels , taking into account the starting performance of member states as well as the average position of the union and the euro area and its evolution over time . the thresholds applicable to member states whose currency is the euro may be different from those applicable to the other member states .


### a procedure to monitor and correct adverse macroeconomic imbalances , with preventive and corrective elements , will require enhanced surveillance tools based on those used in the multilateral surveillance procedure . this may include enhanced surveillance missions by the commission to member states and additional reporting by the member state in case of severe imbalances , including imbalances that jeopardise the proper functioning of the economic and monetary union . ### a procedure to monitor and correct adverse macroeconomic and social imbalances , with preventive and corrective elements , will require enhanced surveillance tools based on those used in the multilateral surveillance procedure and analysing the impact of employment on the macro - economic situation based on the joint assessment framework including the employment performance monitor . this may include enhanced surveillance missions by the commission to member states and additional reporting by the member state in case of severe imbalances , including imbalances that jeopardise the proper functioning of the economic and monetary union or social cohesion .


### national regulatory authorities should be responsible for ensuring that this regulation is enforced in the member states . to this end they should have the necessary investigatory powers to allow them to carry out this task efficiently . ### national regulatory authorities should have a duty to enforce this regulation in the member states . to this end they should have the necessary investigatory powers to allow them to carry out this task efficiently .


### the member states shall lay down the rules on penalties applicable to infringements of the provisions of this regulation and shall take all measures necessary to ensure that they are implemented . the penalties provided for must be effective , proportionate and dissuasive . the member states shall notify those provisions to the commission by . . . at the latest and shall notify it without delay of any subsequent amendment affecting them . ### the member states shall lay down the rules on penalties applicable to infringements of the provisions of this regulation and shall take all measures necessary to ensure that they are implemented . the penalties provided for must be effective , proportionate and dissuasive . they must reflect the gravity of the infringements and must considerably exceed the real or potential gains from illegal operations . the member states shall notify those provisions to the commission by . . . at the latest and shall notify it without delay of any subsequent amendment affecting them .


### derivative trading and commodity trading are used together on wholesale energy markets . it is therefore important that the definitions of market abuse , which consists of insider trading and market manipulation , are compatible between derivatives and commodity markets . ### derivative trading and commodity trading are used together on wholesale energy markets . it is therefore important that the definitions of market abuse , which consists of insider trading and market manipulation , are compatible between derivatives and commodity markets . the rules will apply to all transactions concluded , whether directly or through intermediaries , on regulated markets , on multilateral trading facilities or over the counter .


### the agency shall monitor trading activity in wholesale energy products to detect and prevent trading based on inside information and market manipulation . it shall collect the data for assessing and monitoring wholesale energy markets as provided for in article 7 . ### the agency shall monitor trading activity in wholesale energy products , including otc transactions inter alia with major end users of energy , to detect and prevent trading based on inside information and market manipulation . it shall collect the data for assessing and monitoring wholesale energy markets as provided for in article 7 .


### in order to ensure the long - term competitiveness of bio - based industrial sectors , and in line with the 2012 communication ' innovating for sustainable growth : a bioeconomy for europe ' and the roadmap to a resource efficient europe , promoting integrated and diversified biorefineries across europe , enhanced incentives under directive 2009 / 28 / ec should be set in a way that gives preference to the use of biomass feedstocks that do not have a high economic value for other uses than biofuels . ### in order to ensure the long - term competitiveness of bio - based industrial sectors , and in line with the 2012 communication ' innovating for sustainable growth : a bioeconomy for europe ' and the roadmap to a resource efficient europe , promoting integrated and diversified biorefineries across europe , enhanced incentives under directive 2009 / 28 / ec should be set in a way that gives preference to the use of advanced biofuels . the eu’s structural funds should be assigned a key role in promoting and developing advanced biofuels .


### the following annex ix is added : ' annex ix part a . feedstocks whose contribution towards the target referred to in article 3 shall be considered to be four times their energy content algae . biomass fraction of mixed municipal waste , but not separated household waste subject to recycling targets under article 11 of directive 2008 / 98 / ec of the european parliament and of the council of 19 november 2008 on waste and repealing certain directives . biomass fraction of industrial waste . straw . animal manure and sewage sludge . palm oil mill effluent and empty palm fruit bunches . tall oil pitch . crude glycerine . bagasse . grape marcs and wine lees . nut shells . husks cobs bark , branches , leaves , saw dust and cutter shavings . part b . feedstocks whose contribution towards the target referred to in article 3 shall be considered to be four times their energy content used cooking oil . animal fats classified as category i and ii in accordance with ec / 1774 / 2002 laying down health rules concerning animal by - products not intended for human consumption . non - food cellulosic material . ligno - cellulosic material except saw logs and veneer logs . ### the following annex ix is added : ‘ annex ix the following biofuels shall be regarded as advanced biofuels : biological material in the case of which relevant alternative uses are associated with significant emissions of methane or nitrous oxide without usable energy being generated .


### the implementation of the europe 2020 strategy for jobs and smart , sustainable and inclusive growth , and its headline targets especially those dealing with employment ; ### increased cooperation on specific initiatives for modernizing pes within the context of the current economic crisis and with a view to reaching the europe 2020 strategy for jobs and smart , sustainable and inclusive growth , and its headline targets especially those dealing with employment ;


### adoption of a general framework ### adoption of a technical framework


### the commission shall be empowered to adopt delegated acts in accordance with article 8 concerning a general framework for the delivery of the benchmarking and mutual learning initiatives as defined in article 3 . 1 including the methodology , the basic quantitative and qualitative indicators to assess pes performance , the learning instruments of the integrated mutual learning programme and the terms for participation in these initiatives . ### the commission shall be empowered , following consultation with the pes network , to adopt delegated acts in accordance with article 8 concerning a general framework for the delivery of the benchmarking and mutual learning initiatives as defined in article 3 . 1 including the methodology , the basic quantitative and qualitative indicators to assess pes performance , the learning instruments of the integrated mutual learning programme and the terms for participation in these initiatives .


### develop and implement european wide evidence - based benchmarking systems among public employment services based on the use of quantitative and qualitative indicators to assess pes performances and to gather evidence with a view to establishing an appropriate mutual learning vehicle . it shall also participate actively in the implementation of these activities by sharing data , knowledge and practices . ### develop and implement european wide evidence - based bench learning systems among public employment services based on the use of quantitative and qualitative indicators to assess pes performances and to gather evidence with a view to establishing an appropriate mutual learning vehicle . it shall also participate actively in the implementation of these activities by sharing data , knowledge and practices .


### the european union and its more than 50 institutions and agencies should be equipped with a high - quality european public administration , so as to enable it to perform its tasks to the highest possible standard in accordance with the treaties and to meet the challenges , both internal and external , that it will face in the future . ### the european union , and its more than 50 institutions and agencies , should continue to be equipped with a high - quality european public administration , so as to enable it to achieve its objectives , implement its policies and activities and perform its tasks to the highest possible standard in accordance with the treaties to meet the challenges , both internal and external , that it will face in the future and to serve the citizens of the union .


### consequently , it is necessary to provide a framework for the recruitment of high calibre staff in terms of productivity and integrity , drawn on the widest possible geographical basis from among citizens of the member states , and to enable such staff to carry out their duties as effectively and efficiently as possible . ### consequently , it is necessary to ensure a framework for attracting , recruiting and maintaining highly - qualified and multilingual staff , drawn on the widest possible geographical basis from among citizens of the member states , independent and adhering to the highest professional standards , and to enable such staff to carry out their duties as effectively and efficiently as possible .


### article 42a shall be amended as follows : in the second sentence of the first paragraph , the word ' institutions ' shall be replaced by ' appointing authority of each institution ' ; in the last sentence of the third paragraph , the word ' adapted ' shall be replaced by ' updated ' ; ### article 42a shall be replaced by the following : ' article 42a an official shall be entitled to up to six months of parental leave without basic salary for every child , to be taken during the first twelve years after the birth or adoption of the child . the duration of the leave may be doubled for single parents recognised under general implementing provisions adopted by the appointing authority of each institution and for parents of dependent children with a disability or a severe illness recognised by the medical officer . the minimum leave taken at any one time shall not be less than one month . during parental leave , the official ' s membership of the social security scheme shall continue ; the acquisition of pension rights , dependent child allowance and education allowance shall be maintained . the official shall retain his post , and continue to be entitled to advancement to a higher step or promotion in grade . the leave may be taken as full - time or half - time leave . where parental leave is taken in the form of half - time leave , the maximum period provided for in the first paragraph shall be doubled . during parental leave , officials shall be entitled to an allowance of 60% of their basic salary per month , subject to a maximum amount of eur 2 552 , 40 , or 50 % of such sum if on half - time leave but may not engage in any other gainful employment . the full contribution to the social security scheme provided for in articles 72 and 73 shall be borne by the institution and calculated on the basis of the basic salary of the official . however , in the case of half - time leave this provision shall apply only to the difference between the full basic salary and the proportionally reduced basic salary . for the part of the basic salary actually received , the official ' s contribution shall be calculated by using the same percentages as if he were in full - time employment . the allowance calculated as referred to in the second paragraph shall not be less than eur 1 592 , 50 per month , or 50 % of such sum if the official is on half - time leave , for the single parents and parents of dependent children with a disability or a severe illness recognised by the medical officer referred to in the first paragraph and during the first three months of parental leave where such leave is taken by the father during maternity leave or by either parent immediately after maternity leave or during or immediately after adoption leave . the parental leave may be extended for a further six months with an allowance limited to 50 % of the amount referred to in the second paragraph . for single parents as referred to in the first paragraph , the parental leave may be extended for a further twelve months with an allowance limited to 50% of the amount referred to in the third paragraph . the amounts mentioned in this article shall be updated in line with remuneration . ' ;


### point of article 47 shall be replaced by the following : ' at the end of the month in which the servant reaches the age of 65 , or , on an exceptional basis , at the date fixed in accordance with the second subparagraph of article 52 of the staff regulations ; or ' ### article 47 shall be replaced by the following : ' article 47 apart from cessation on death , the employment of temporary staff shall cease : at the end of the month in which the servant reaches the age of 65 years or , where applicable , at the date fixed in accordance with article 50c ; or where the contract is for a fixed period : on the date stated in the contract ; at the end of the period of notice specified in the contract giving the servant or the institution the option to terminate earlier . the period of notice shall not be less than one month per year of service , subject to a minimum of one month and a maximum of three months . for temporary staff whose contracts have been renewed the maximum shall be six months . the period of notice shall not , however , commence to run during pregnancy duly established by a medical certificate , maternity leave or sick leave , provided such sick leave does not exceed three months . it shall , moreover , be suspended during pregnancy duly established by a medical certificate , maternity or sick leave subject to the limits aforesaid . if the institution terminates the contract , the servant shall be entitled to compensation equal to one third of his basic salary for the period between the date when his duties end and the date when his contract expires ; where the servant no longer satisfies the conditions laid down in article 12 , point , subject to the possibility of authorising an exception under that provision . should the exception not be authorised , the period of notice referred to in subpoint of this point shall apply ; or where the contract is for an indefinite period : at the end of the period of notice stipulated in the contract ; the length of the period of notice shall not be less than one month for each completed year of service , subject to a minimum of three months and a maximum of 10 months . the period of notice shall not , however , commence to run during pregnancy duly established by a medical certificate , maternity leave or sick leave , provided such sick leave does not exceed three months . it shall , moreover , be suspended during pregnancy duly established by a medical certificate , maternity or sick leave subject to the limits aforesaid ; or where the servant no longer satisfies the conditions laid down in article 12 , point , subject to the possibility of authorising an exception under that provision . should the exception not be authorised , the period of notice referred to in subpoint of this point shall apply . ' ;


### the appointing authority of each institution may introduce flexible working - time arrangements . officials to whom the provisions of the second paragraph of article 44 apply shall manage their working - time without resorting to such arrangements . ### the appointing authority of each institution may introduce flexible working - time arrangements . officials in grade 9 and above who benefit from those arrangements shall not be eligible for full or half working days by way of compensation .


### the establishment plan appended to the section of the budget related to each institution shall indicate the number of posts in each grade and function group . each institution ' s establishment plan shall reflect the obligations set out in the multi - annual financial framework and the inter - institutional agreement on its implementation . 2 . without prejudice to the principle of promotion based on merit as laid down in article 45 , this plan shall ensure that for each institution , the number of vacant positions at every grade of the establishment plan on 1 january of each year corresponds to the number of officials in the lower grade in active employment on 1 january of the preceding year , multiplied by the rates laid down in annex i , point b , for that grade . these rates shall be applied on a five - year average basis as from 1 january 2013 . 3 . the rates laid down in annex i , section b , shall be reviewed at the end of a five - year period starting on 1 january 2013 on the basis of a report , submitted by the commission to the european parliament and the council , and a proposal by the commission . the european parliament and the council shall decide in accordance with article 336 of the treaty on the functioning of the european union . 4 . after the same five - year period , the commission shall report to the european parliament and to the council on the implementation of the provisions on the function group ast / sc and of the transitional provisions laid down in article 30 of annex xiii , taking into account the evolution of the need for staff carrying out secretarial and clerical tasks in all institutions and the evolution of permanent and temporary posts in function group ast and of the number of contract agents in function group ii . ### the establishment plan appended to the section of the budget related to each institution shall indicate the number of posts in each grade and function group . 2 . without prejudice to the principle of promotion based on merit as laid down in article 45 , this plan shall ensure that for each institution , the number of vacant positions at every grade of the establishment plan on 1 january of each year corresponds to the number of officials in the lower grade in active employment on 1 january of the preceding year , multiplied by the rates laid down in annex i , point b , for that grade . these rates shall be applied on a five - year average basis as from 1 january 2013 . 3 . the rates laid down in annex i , section b , shall be reviewed at the end of a five - year period starting on 1 january 2013 on the basis of a report , submitted by the commission to the european parliament and the council , and a proposal by the commission . the european parliament and the council shall decide in accordance with article 336 of the treaty on the functioning of the european union . 4 . after the same five - year period , the commission shall report to the european parliament and to the council on the implementation of the provisions on the function group ast / sc and of the transitional provisions laid down in article 30 of annex xiii , taking into account the evolution of the need for staff carrying out secretarial and clerical tasks in all institutions and the evolution of permanent and temporary posts in function groups ast and ast / sc .


### working hours applied in the institutions should be aligned to those in force in certain of the member states of the european union to compensate for the reduction of staff in the institutions . the introduction of a minimum number of weekly working hours will ensure that the staff employed by the institutions is able to carry out the work - load resulting from the european union ' s policy objectives while , at the same time , harmonising working conditions in the institutions , in the interest of solidarity throughout the european union ' s civil service . ### working hours applied in the institutions should be aligned to compensate for the reduction of staff in the institutions . this alignment should take into account the working hours applied in the civil service of member states . the introduction of a minimum number of weekly working hours will ensure that the staff employed by the institutions is able to carry out the work - load resulting from the european union ' s policy objectives while , at the same time , harmonising working conditions in the institutions , in the interest of solidarity throughout the european union ' s civil service .


### civil - military ssa user requirements were defined in the commission staff working paper ‘ european space situational awareness high - level civil - military user requirements’14 endorsed by the member states in the political and security committee of the council on 18 november 201115 . the provision of sst services should serve only civilian purposes . purely military requirements should not be addressed by this decision . __________________ 14 sec 1247 final , 12 . 10 . 2011 . 15 council document 15715 / 11 , 24 . 10 . 2011 . ### civil - military ssa user requirements were defined in the commission staff working paper ‘ european space situational awareness high - level civil - military user requirements’14 endorsed by the member states in the political and security committee of the council on 18 november 201115 . the provision of sst services should serve both civilian and military purposes . a thorough analysis should be conducted on how eu member states ' military capabilities will benefit from sst services as well as on sst services contribution to safeguard the implementation of the outer space treaty . __________________ 14 sec 1247 final , 12 . 10 . 2011 . 15 council document 15715 / 11 , 24 . 10 . 2011 .


### the fund should express solidarity through financial assistance to member states . it should enhance the effective management of migration flows to the union in areas where the union adds maximum value , in particular by sharing responsibility between member states and sharing responsibility and strengthening cooperation with third countries . ### the fund should express solidarity through financial assistance to member states . it should enhance the effective management of migration flows to the union in areas where the union adds maximum value , in particular by sharing responsibility between member states and sharing responsibility and strengthening cooperation with third countries . civil society organisations and local and regional authorities in the member states and in third countries should participate in the process of programming , implementing and evaluating the multiannual programmes financed through this fund . the european parliament and the national parliaments of partner countries should also be informed and consulted in an appropriate way on the activities carried out under the asylum and migration fund .


### regulation no 1185 / 2003 allows member states to issue special fishing permits allowing processing on board , whereby shark fins can be removed from the bodies . in order to ensure the correspondence between the weight of fins and bodies , a ‘ fin - to - carcass’ ratio is established , however , following processing operations , fins and bodies can be landed in different ports . in such cases the use of the ratio becomes ineffective and gives scope for shark finning to occur . under these circumstances , the collection of data , e . g ; species identification , populations structure , underpinning scientific advice for the establishment of fisheries conservation measures , is hampered . ### regulation no 1185 / 2003 allows member states to issue special fishing permits allowing processing on board , whereby shark fins can be removed from the bodies . in order to ensure the correspondence between the weight of fins and bodies , a ' fin - to - carcass ' ratio is established . however , the ratio is theoretical , because it is based on the weight ratio of shark fins to whole sharks , while sharks are usually landed ' dressed ' . therefore , shark fins and carcasses cannot be directly compared against the ratio , and monitoring must rely on species - specific conversion factors , complicating enforcement . the ratio is also higher than the average fin - to - carcass weight for some species . furthermore , following processing operations , fins and bodies can be landed in different ports . for these reasons , the use of the ratio becomes ineffective and gives scope for shark finning to occur . under these circumstances , the collection of data , e . g . species identification , populations structure , underpinning scientific advice for the establishment of fisheries conservation and management measures , as well as the enforcement of the regulation and punishment for non - compliance , are hampered .


### – the number and nature of cases of non - compliance detected , including a full identification of the vessel involved . ### – the number and nature of cases of non - compliance detected , including a full identification of the vessel involved and the penalty applied for each case of non - compliance .


### regulation no 1185 / 2003 allows member states to issue special fishing permits allowing processing on board , whereby shark fins can be removed from the bodies . in order to ensure the correspondence between the weight of fins and bodies , a ‘ fin - to - carcass’ ratio is established , however , following processing operations , fins and bodies can be landed in different ports . in such cases the use of the ratio becomes ineffective and gives scope for shark finning to occur . under these circumstances , the collection of data , e . g ; species identification , populations structure , underpinning scientific advice for the establishment of fisheries conservation measures , is hampered . ### regulation no 1185 / 2003 allows member states to issue special fishing permits allowing processing on board , whereby shark fins can be removed from the bodies . in order to ensure the correspondence between the weight of fins and bodies , a ' fin - to - carcass ' ratio is established . serious control and enforcement difficulties occur with the use of ' fin - to - carcass ' ratio systems . such systems do not eliminate the practice of high - grading and , due to differences in fin cutting techniques and variability of the fin size and weight of different shark species , they could allow finning to occur without being detected . following processing operations , fins and bodies can be landed in different ports . under these circumstances , the collection of data , e . g . species identification , populations structure , underpinning scientific advice for the establishment of fisheries conservation and management measures , is hampered .