### the treaty of lisbon establishes a european external action service . according to the conclusions of the european council of 29 and 30 october 2009 , the eeas is a service of a sui generis nature and should be treated as an institution for the purposes of the financial regulation . ### the treaty of lisbon establishes a european external action service . according to council decision 2010 / 427 / eu of 26 july 20101 establishing the organisation and functioning of the european external action service , the eeas is a service of a sui generis nature and is to be treated as an institution for the purposes of the financial regulation . 1 oj l 201 , 3 . 8 . 2010 , p . 30


### increase by at least 15&#160 ; % in quantity , as compared with the previous calendar year ; or ### increase by at least 12 , 5&#160 ; % in quantity , as compared with the previous calendar year ; or


### it has ratified all the conventions listed in annex viii and the most recent available conclusions of the relevant monitoring bodies do not identify a serious failure to effectively implement any of these conventions ; ### it has ratified all the conventions listed in annex viii without any reservations which are inconsistent with their objectives and purposes and the most recent available conclusions of the relevant monitoring bodies , or any evidence available , do not identify a serious failure to effectively implement any of these conventions ;


### paragraph 1 shall not apply to eba beneficiary countries , nor shall it apply to countries with a share not exceeding 8 % of european union imports of products listed in annex v or ix , whichever is applicable . ### paragraph 1 shall not apply to eba beneficiary countries , nor shall it apply to countries with a share for the relevant products referred to in article 29 not exceeding 6 % of total european union imports of the same products listed in annex v or ix , whichever is applicable .


### this directive should be applied without prejudice to the principle of union preference as regards access to member states’ labour market as expressed in the relevant provisions of acts of accession . according to that principle , the member states should , during any period when national measures or those resulting from bilateral agreements are applied , give preference to workers who are nationals of the member states over workers who are nationals of third - countries as regards access to their labour market . ### this directive should be applied without prejudice to the principle of union preference as regards access to member states’ labour market as expressed in the relevant provisions of acts of accession . according to that principle , the member states should , during any period when national measures or those resulting from bilateral agreements are applied , give preference to workers who are nationals of the member states over workers who are nationals of third - countries as regards access to their labour market . in the process , there should be mandatory compliance benefitting both citizens of the union and third - country nationals , with national minimum pay levels and the minimum standards of the state of employment . while safeguarding the principle of union preference , this may not be used to deviate from the principle of equal pay for equal work , as regards both workers from member states and third - country nationals . this directive should be applied in full respect of the principle of free movement of workers within the union , eradicating any discrimination based on nationality as regards employment , remuneration and other conditions of work and employment .


### ‘ specialist’ means any person possessing uncommon knowledge essential and specific to the host entity , taking account not only of knowledge specific to the host entity , but also of whether the person has a high level of qualification referring to a type of work or trade requiring specific technical knowledge ; ### ' specialist’ means any person who is transferred for highly - qualified employment , having a high level of professional qualification , knowledge and continuous expertise , and who possesses specific knowledge essential or relevant to the specific activities of the host entity ;


### member states shall require that all conditions in the law , regulations or administrative provisions and / or universally applicable collective agreements applicable to posted workers in a similar situation in the relevant occupational branches are met with regard to the remuneration granted during the transfer . in the absence of a system for declaring collective agreements to be of universal application , member states may , if they so decide , base themselves on collective agreements which are generally applicable to all similar undertakings in the geographical area and in the profession or industry concerned , and / or collective agreements which have been concluded by the most representative employers ' and labour organisations at national level and which are applied throughout national territory . ### member states shall require that all conditions in the law , regulations or administrative provisions and / or collective agreements in a comparable situation in the relevant occupational branches at the place of work are met with regard to the working conditions including in respect of benefits and pay granted during the transfer . particular attention shall be paid to consistency with relevant binding acts of the union .


### ‘ intra - corporate transferee’ means any third - country national subject to an intra - corporate transfer ; ### ‘ intra - corporate transferee’ means any third - country national worker who is not resident within the territory of the member states and who is subject to an intra - corporate transfer ;


### ‘ manager’ means any person working in a senior position who principally directs the management of the host entity , receiving general supervision or direction principally from the board of directors or stockholders of the business or equivalent ; this position includes : directing the host entity or a department or sub - division of the host entity , supervising and controlling the work of other supervisory , professional or managerial employees , having the authority personally to hire and dismiss or recommend hiring , dismissing or other personnel actions ; ### ‘ manager’ means any person working in a senior position who principally directs the management of the host entity within the structure of a company and who principally carries out management functions , receiving general supervision or direction principally from the board of directors or stockholders of the business or equivalent ;


### texte proposé par la commission ‘ graduate trainee’ means any person with a higher education qualification who is transferred to broaden his / her knowledge of and experience in a company in preparation for a managerial position within the company ; ### ‘ graduate trainee’ means any person with a higher education qualification who is transferred to broaden his / her knowledge of and experience in a company in a paid contract for at least one year in preparation for a managerial or specialist position within the company with a view to entering into a permanent contract , and whose tasks are consistent with the higher education which that person has completed ;


### provide evidence that he or she has the professional qualifications needed in the member state to which he or she has been admitted for the position of manager or specialist or , for graduate trainees , the higher education qualifications required ; ### provide evidence that he or she has the higher professional qualifications or higher education qualifications needed for the position of manager or specialist or , for graduate trainees , the higher education qualifications required ;


### ‘ manager’ means any person working in a senior position , who principally directs the management of the host entity , receiving general supervision or direction principally from the board of directors or stockholders of the business or equivalent ; this position includes : directing the host entity or a department or sub - division of the host entity , supervising and controlling the work of other supervisory , professional or managerial employees , having the authority personally to hire and dismiss or recommend hiring , dismissing or other personnel actions ; ### ‘ manager’ means any person working in a senior position , who principally directs the management of the host entity ; this position includes : directing the host entity , a department or sub - division of the host entity or a significant project , supervising and controlling the work of other supervisory , professional or managerial employees , having the authority personally to hire and dismiss or recommend hiring , dismissing or other personnel actions ;


### ‘ intra - corporate transfer’ means the temporary secondment of a third - country national from an undertaking established outside the territory of a member state and to which the third - country national is bound by a work contract , to an entity belonging to the undertaking or to the same group of undertakings which is established inside this territory ; ### ‘ intra - corporate transfer’ means the temporary transfer , for occupational purposes , of a third - country national not permanently resident within the territory of the member states from an undertaking established outside the territory of a member state and to which the third - country national is bound by a work contract to an entity belonging to the undertaking or to the same group of undertakings which is established inside this territory ;


### this directive shall not affect the right of member states to adopt or retain more favourable provisions for persons to whom it applies in respect of articles 3 , 12 , 14 and 15 . ### this directive shall not affect the right of member states to adopt or retain more favourable provisions for persons to whom it applies in respect of articles 3 and 11 and articles 12 , 14 and 15 .


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


### to contribute to enhancing the exercise of rights deriving from the citizenship of the union ; ### to contribute to enhancing the exercise of rights deriving from the citizenship or from the legislation of the union ;


### to promote the effective implementation of the principles of non discrimination on the grounds of sex , racial or ethnic origin , religion or belief , disability , age or sexual orientation , including equality between women and men and the rights of persons with disabilities and of the elderly ; ### to promote the effective implementation of the principles of non discrimination , including on the grounds of sex , racial or ethnic origin , religion or belief , disability , age , sexual orientation or gender identity , including equality between women and men and the rights of persons with disabilities and of the elderly , recognising the rights of all persons to be treated with dignity ; to combat bullying harassment and intolerant treatment , especially in the workplace ;


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


### the communication from the commission on europe 20207 sets out a strategy for smart , sustainable and inclusive growth . supporting and promoting the rights of persons within the union , tackling discrimination and inequalities and promoting citizenship contribute to the promotion of the specific objectives and flagship initiatives of the europe 2020 strategy . ### the communication from the commission on europe 20207 sets out a strategy for smart , sustainable and inclusive growth . supporting and promoting the rights of persons within the union , promoting equality between women and men , tackling discrimination and inequalities , protecting the rights of persons with disabilities and promoting citizenship contribute to the promotion of the specific objectives and flagship initiatives of the europe 2020 strategy .


### in order to ensure specify the elements of definitions and methods under annex ii part a , powers are delegated to the commission . these draft regulatory standards shall be adopted in accordance with articles 7 to 7d of [ eba regulation ] . the european banking authority may develop draft regulatory standards for submission to the commission . ### in order to ensure uniform conditions for the application of the definitions and methods described in annex ii part a for the standardised approach set out in paragraphs 1 and 2 , the european banking authority shall develop draft technical regulatory standards . the european banking authority shall submit its draft technical regulatory standards to the commission by 31 december 2012 . powers shall be delegated to the commission to adopt the technical regulatory standards mentioned in subparagraph 1 in accordance with the procedure laid down in articles 10 to 14 of regulation no 1093 / 2010 .


### the european banking authority shall transmit its confirmation together with the information referred to in paragraph 1 to the lending deposit guarantee schemes . they shall receive this confirmation and information within 2 working days . the lending deposit guarantee schemes shall , without delay but at the latest within further 2 working days after reception effect payment of the loan to the borrowing scheme . ### the european banking authority shall transmit its confirmation together with the information referred to in paragraph 1 to lending deposit guarantee schemes . they shall receive this confirmation and information within 2 working days .


### the financial means of deposit guarantee schemes should principally be used for the repayment of depositors . they could , however , also be used in order to finance the transfer of deposits to another credit institution , provided that the costs borne by the deposit guarantee scheme do not exceed the amount of covered deposits at the credit institution concerned . they could also to a certain extent , as circumscribed in the directive , be used to finance the prevention of bank failures . such measures should comply with state aid rules . this is without prejudice to the future commission policy concerning the establishment of national bank resolution funds . ### deposit guarantee schemes should have sufficient financial means for the repayment of depositors in the event of insolvency of a credit institution . in many cases , however , support measures to avert the insolvency of a credit institution have a more favourable effect in guaranteeing deposits than reimbursement of depositors . moreover , such measures may make it possible to avoid further costs and adverse effects on financial stability and the confidence of depositors . it should therefore also be possible to use the resources of deposit guarantee schemes for support measures . support measures should always entail conditions with which the institution receiving the support must comply . it should , however , also be possible to use them in conjunction with the orderly winding - up of a credit institution , provided that the costs borne by the deposit guarantee scheme do not exceed the amount of covered deposits at the credit institution concerned . such measures should comply with state aid rules . these options for action by deposit guarantee scheme operators are without prejudice to the future commission policy concerning the establishment of national bank resolution funds .


### contributions to deposit guarantee schemes should take account of the degree of risk incurred by their members . this would allow to reflect the risk profiles of individual banks and lead to a fair calculation of contributions and to provide incentives to operate under a less risky business model . developing a set of core indicators mandatory for all member states and another set of optional supplementary indicators would introduce such harmonisation gradually . ### contributions to deposit guarantee schemes should take account of the degree of risk incurred by their members . to this end , a standard approach to the identification of risk - dependent contributions to deposit guarantee schemes should be laid down . however , the nature of the risks accepted by the affiliated credit institutions may vary depending on market circumstances and the business activities of the credit institutions . it is therefore worthwhile , in addition to the standard approach , to make it possible for deposit guarantee schemes also to use risk - dependent procedures of their own in so far as they comply with the guidelines to be drawn up by the european banking authority after consulting the european forum of deposit insurers . this takes account of the risk profiles of individual banks , leads to a more precise calculation of contributions , tailored to market circumstances in the member states , and provides incentives to operate under a less risky business model . in order , for example , to take account of particularly low - risk sectors of lending which are governed by special laws , corresponding reductions in the contributions to be paid should be provided for .


### member states shall ensure that deposit guarantee schemes perform tests of their systems and that they are informed in the event that the competent authorities detect problems in a credit institution that are likely to give rise to the intervention of deposit guarantee schemes . ### member states shall ensure that the procedures adopted by deposit guarantee schemes accord with the provisions of article 11 or the guidelines adopted by the european banking authority pursuant to article 11 , that deposit guarantee schemes perform tests of their systems and that they are informed immediately in the event that the competent authorities detect problems in a credit institution that are likely to give rise to the intervention of deposit guarantee schemes .


### credit institutions that are member of a scheme referred to in article 1 and 1 shall inform depositors adequately on the functioning of the scheme . such information may not contain a reference to unlimited coverage of deposits . ### credit institutions shall inform depositors adequately on the functioning of the deposit guarantee scheme . such information may not contain a reference to unlimited coverage of deposits .


### the contributions to deposit guarantee schemes referred to in article 9 shall be determined for each member on the basis of the degree of risk incurred by it . credit institutions shall not pay less than 75% or more than 200% of the amount that a bank with an average risk would have to contribute . member states may decide that members of schemes referred to in article 1 and pay lower contributions to deposit guarantee schemes but not less than 37 . 5% of the amount that a bank with an average risk would have to contribute . ### the contributions to deposit guarantee schemes referred to in article 9 shall be determined for each member on the basis of the degree of risk incurred by it . credit institutions shall not pay less than 75% or more than 200% of the amount that a bank with an average risk would have to contribute . member states may decide that members of schemes referred to in article 1 pay lower contributions to deposit guarantee schemes but not less than 37 . 5% of the amount that a bank with an average risk would have to contribute .


### while respecting the supervision of deposit guarantee schemes by member states , the european banking authority should contribute to the achievement of the objective of making it easier for credit institutions to take up and pursue their activities while at the same time ensuring effective protection for depositors . to that end , the authority should confirm that the conditions of borrowing between deposit guarantee schemes laid down in this directive are fulfilled and state , within the strict limits set by this directive , the amounts to be lent by each scheme , the initial interest rate as well as the duration of the loan . in this respect , the european banking authority should also collect information on deposit guarantee schemes , in particular on the amount of deposits covered by them , confirmed by competent authorities . it should inform the other deposit guarantee schemes about their obligation to lend . ### while respecting the supervision of deposit guarantee schemes by member states , the european banking authority should contribute to the achievement of the objective of making it easier for credit institutions to take up and pursue their activities while at the same time ensuring effective protection for depositors . in this respect , the european banking authority should collect information on deposit guarantee schemes , in particular on the amount of deposits covered by them , confirmed by competent authorities .


### deposits shall be paid out in the currency in which the account was maintained . if the amounts expressed in euro referred to in paragraph 1 are converted into other currencies , the amounts effectively paid to depositors shall be equivalent to those set out in this directive . ### deposits shall be paid out in the currency of the member state in which the account was maintained . where deposits are denominated in a currency other than that of the member state in which the account is held , the sums to be paid to depositors shall be converted into the currency of said member state at the rate of exchange prevailing on the eve of the date on which the deposits ceased to be available . if the amounts expressed in euro referred to in paragraph 1 are converted into other currencies , the amounts effectively paid to depositors shall be equivalent to those set out in this directive .


### deposit guarantee schemes shall be in a position to repay unavailable deposits within 7 days of the date on which the competent authorities make a determination as referred to in article 2 or a judicial authority makes a ruling as referred to in article 2 . ### deposit guarantee schemes shall be in a position to repay unavailable deposits within five working days of the date on which the competent authorities make a determination as referred to in article 2 or a judicial authority makes a ruling as referred to in article 2 .


### the determination of the degree of risk incurred and the calculation of contributions shall be based on the elements referred to in annex i and ii . ### annexes i and ii describe the standardised approach for the determination of the degree of risk incurred and the calculation of contributions by member bodies to the deposit guarantee scheme .


### its existence can only be proven by a certificate other than a statement of account ; ### it is made out to the holder and not to a named person ,


### in the recent financial crisis , uncoordinated increases in the coverage levels across the eu led to depositors shifting money to banks in countries where deposit guarantees were higher . this drained liquidity from banks in times of stress . in times of stability , different coverage levels may lead to depositors choosing the highest deposit protection rather than the most suitable deposit product . this may result in competitive distortions in the internal market . it is therefore indispensable to ensure a harmonised level of deposit protection wherever deposits are located in the union . however , certain deposits relating to the personal situation of depositors may be covered at a higher level but for a limited time . ### in the recent financial crisis , uncoordinated increases in the coverage levels across the eu have in some cases led to depositors shifting money to banks in countries where deposit guarantees were higher . this drained liquidity from banks in times of stress . in times of stability , different coverage levels may lead to depositors choosing the highest deposit protection rather than the deposit product best suited to them . this may result in competitive distortions in the internal market . it is therefore indispensable to ensure a harmonised level of deposit protection by all recognised deposit guarantee schemes , wherever deposits are located in the union . however , certain deposits relating to the personal situation of depositors may be covered at a higher level but for a limited time .


### the cumulated amount of deposits and investments of a scheme related to a single body shall not exceed 5% of its available financial means . companies which are included in the same group for the purposes of consolidated accounts , as defined in directive 83 / 349 / eec or in accordance with recognised international accounting rules , shall be regarded as a single body for the purpose of calculating this limit . ### the available financial means of deposit guarantee schemes must be invested in a low - risk and sufficiently diversified manner , except where a zero weight applies to these deposits or investments pursuant to annex vi , part i of directive 2006 / 48 . companies which are included in the same group for the purposes of consolidated accounts , as defined in directive 83 / 349 / eec or in accordance with recognised international accounting rules , shall be regarded as a single body for this purpose .


### in order to make it easier to take up and pursue the business of credit institutions , it is necessary to eliminate the differences between the laws of the member states as regards the rules on deposit guarantee schemes to which these institutions are subject . ### in order to make it easier to take up and pursue the business of credit institutions , it is necessary to eliminate differences between the laws of the member states which may potentially distort markets as regards the rules on deposit guarantee schemes to which these institutions are subject .


### a scheme shall have the right to borrow from all other deposit guarantee schemes referred to in article 1 within the union provided that all of the following conditions are met : ### there is no obligation to lend among deposit guarantee schemes . deposit guarantee schemes may lend to other schemes within the union on a voluntary basis , provided that all of the following conditions are met :


### the payout delay of at maximum six weeks from 31 december 2010 , runs counter to the need to maintain depositor confidence and does not meet their needs . the payout delay should therefore be reduced to a period of one week . ### the payout delay of at maximum six weeks from 31 december 2010 , runs counter to the need to maintain depositor confidence and does not meet their needs . the payout delay should therefore be reduced to a period of five working days .


### member states shall ensure that deposit guarantee schemes do not deviate from the coverage level laid down in paragraph 1 . however , member states may decide that the following deposits are covered provided that the costs for such repayments are not subject to article 9 , 10 and 11 : ### member states shall ensure that deposit guarantee schemes confer an entitlement pursuant to paragraph 1 .


### [ only where applicable ] : this method will also be applied if a bank operates under different trading names . the [ insert name of the account - holding credit institution ] also trades under [ insert all other brands of the same credit institution ] . this means that all deposits with one or more of these brand names are in total covered up to eur 100 000 . ### [ only where applicable ] : this method will also be applied if a bank operates under different brand names for its customers . the [ insert name of the account - holding credit institution ] also trades under [ insert all other brands of the same credit institution ] . this means that all deposits with one or more of these brand names are each in total covered up to eur 100 000 .


### ' deposit ' means any credit balance which results from funds left in an account or from temporary situations deriving from normal banking transactions and which a credit institution must repay under the legal and contractual conditions applicable . ### ' deposit ' shall mean any credit balance which results from funds left in an account or from temporary situations deriving from normal banking transactions and which a credit institution must repay under the legal and contractual conditions applicable , and any debt evidenced by a certificate issued by the credit institution .


### deposit guarantee schemes shall raise the available financial means by regular contributions from their members on 30 june and 30 december of each year . this shall not prevent additional financing from other sources . one - off entry fees may not be requested . ### deposit guarantee schemes shall raise the available financial means by regular contributions from their members at least once each year . this shall not prevent additional financing from other sources . one - off entry fees may not be requested .


### this directive shall apply to all deposit guarantee schemes on a statutory or contractual basis and to institutional protection schemes recognized as deposit guarantee schemes . ### this directive shall apply to all deposit guarantee schemes recognised pursuant to article 3 . they may take the form of statutory , contractual or institutional protection schemes as referred to in article 80 of directive 2006 / 48 / ec .


### the same coverage level should apply to all depositors regardless of whether a member state’s currency is the euro or not and regardless of whether a bank is a member of a system which protects the credit institution itself . member states outside the euro area should have the possibility to round off the amounts resulting from the conversion without compromising the equivalent protection of depositors . ### the same legal entitlement in relation to the deposit guarantee scheme should apply to all depositors in accordance with the coverage level provided for in this directive , regardless of whether a member state’s currency is the euro or not . member states outside the euro area should have the possibility to round off the amounts resulting from the conversion without compromising the equivalent protection of depositors .


### member states shall ensure that deposit guarantee schemes perform tests of their systems and that they are informed in the event that the competent authorities detect problems in a credit institution that are likely to give rise to the intervention of deposit guarantee schemes . ### member states shall ensure that the procedures adopted by deposit guarantee schemes accord with the provisions of article 11 or the guidelines adopted by the european banking authority pursuant to article 11 , that deposit guarantee schemes perform tests of their systems and that they are informed immediately in the event that the competent authorities detect problems in a credit institution that are likely to give rise to the intervention of deposit guarantee schemes .


### the cumulated amount of contributions referred to paragraphs 1 and 2 may not exceed 1% of eligible deposits per calendar year . ### the cumulated amount of contributions referred to paragraphs 1 and 3 may not exceed 1% of deposits covered per calendar year .


### in order to ensure specify the elements of definitions and methods under annex ii part a , powers are delegated to the commission . these draft regulatory standards shall be adopted in accordance with articles 7 to 7d of [ eba regulation ] . the european banking authority may develop draft regulatory standards for submission to the commission . ### in order to ensure uniform conditions for the application of the definitions and methods described in annex ii part a for the standardised approach set out in paragraphs 1 and 2 , the european banking authority shall develop draft technical regulatory standards . the european banking authority shall submit its draft technical regulatory standards to the commission by 31 december 2012 . powers shall be delegated to the commission to adopt the technical regulatory standards mentioned in subparagraph 1 in accordance with the procedure laid down in articles 10 to 14 of regulation no 1093 / 2010 .


### contributions to deposit guarantee schemes should take account of the degree of risk incurred by their members . this would allow to reflect the risk profiles of individual banks and lead to a fair calculation of contributions and to provide incentives to operate under a less risky business model . developing a set of core indicators mandatory for all member states and another set of optional supplementary indicators would introduce such harmonisation gradually . ### contributions to deposit guarantee schemes should take account of the degree of risk incurred by their members . to this end , a standard approach to the identification of risk - dependent contributions to deposit guarantee schemes should be laid down . however , the nature of the risks accepted by the affiliated credit institutions may vary depending on market circumstances and the business activities of the credit institutions . it is therefore worthwhile , in addition to the standard approach , to make it possible for deposit guarantee schemes also to use risk - dependent procedures of their own in so far as they comply with the guidelines to be drawn up by the european banking authority after consulting the european forum of deposit insurers . this takes account of the risk profiles of individual banks , leads to a more precise calculation of contributions , tailored to market circumstances in the member states , and provides incentives to operate under a less risky business model . in order , for example , to take account of particularly low - risk sectors of lending which are governed by special laws , corresponding reductions in the contributions to be paid should be provided for .


### the financial means of deposit guarantee schemes should principally be used for the repayment of depositors . they could , however , also be used in order to finance the transfer of deposits to another credit institution , provided that the costs borne by the deposit guarantee scheme do not exceed the amount of covered deposits at the credit institution concerned . they could also to a certain extent , as circumscribed in the directive , be used to finance the prevention of bank failures . such measures should comply with state aid rules . this is without prejudice to the future commission policy concerning the establishment of national bank resolution funds . ### deposit guarantee schemes should have sufficient financial means for the repayment of depositors in the event of insolvency of a credit institution . in many cases , however , support measures to avert the insolvency of a credit institution have a more favourable effect in guaranteeing deposits than reimbursement of depositors . moreover , such measures may make it possible to avoid further costs and adverse effects on financial stability and the confidence of depositors . it should therefore also be possible to use the resources of deposit guarantee schemes for support measures . support measures should always entail conditions with which the institution receiving the support must comply . it should , however , also be possible to use them in conjunction with the orderly winding - up of a credit institution , provided that the costs borne by the deposit guarantee scheme do not exceed the amount of covered deposits at the credit institution concerned . such measures should comply with state aid rules . these options for action by deposit guarantee scheme operators are without prejudice to the future commission policy concerning the establishment of national bank resolution funds .


### [ only where applicable : ] your deposit is guaranteed by an institutional guarantee scheme [ recognized / not recognized ] as a deposit guarantee scheme . this means that all banks that are members of this scheme mutually support each other in order to avoid a bank failure . however , if a bank failure would nevertheless occur , your deposits will be repaid up to eur 100 000 . ### [ only where applicable : ] your deposit is guaranteed by an institutional guarantee scheme [ recognized / not recognized ] as a deposit guarantee scheme . this means that all institutes that are members of this scheme mutually support each other in order to avoid insolvency . however , if insolvency would nevertheless occur , your deposits will be repaid up to eur 100 000 .


### the interest rate shall be equivalent to the marginal lending facility rate of the european central bank during the credit period . ### the interest rate set shall be at least equivalent to the marginal lending facility rate of the european central bank during the credit period ;


### the determination of the degree of risk incurred and the calculation of contributions shall be based on the elements referred to in annex i and ii . ### annexes i and ii describe the standardised approach for the determination of the degree of risk incurred and the calculation of contributions by member bodies to the deposit guarantee scheme .


### in the recent financial crisis , uncoordinated increases in the coverage levels across the eu led to depositors shifting money to banks in countries where deposit guarantees were higher . this drained liquidity from banks in times of stress . in times of stability , different coverage levels may lead to depositors choosing the highest deposit protection rather than the most suitable deposit product . this may result in competitive distortions in the internal market . it is therefore indispensable to ensure a harmonised level of deposit protection wherever deposits are located in the union . however , certain deposits relating to the personal situation of depositors may be covered at a higher level but for a limited time . ### in the recent financial crisis , uncoordinated increases in the coverage levels across the eu have in some cases led to depositors shifting money to banks in countries where deposit guarantees were higher . this drained liquidity from banks in times of stress . in times of stability , different coverage levels may lead to depositors choosing the highest deposit protection rather than the deposit product best suited to them . this may result in competitive distortions in the internal market . it is therefore indispensable to ensure a harmonised level of deposit protection by all recognised deposit guarantee schemes , wherever deposits are located in the union . however , certain deposits relating to the personal situation of depositors may be covered at a higher level but for a limited time .


### a scheme shall have the right to borrow from all other deposit guarantee schemes referred to in article 1 within the union provided that all of the following conditions are met : ### there is no obligation to lend among deposit guarantee schemes . deposit guarantee schemes may lend to other schemes within the union on a voluntary basis , provided that all of the following conditions are met :


### by 31 december 2012 , the european banking authority shall issue guidelines on the application of annex ii part b pursuant to [ article 8 of the eba regulation ] . ### by 31 december 2012 , the european banking authority shall issue guidelines on the application of annex ii part b and for the separate risk - based methods developed by the deposit guarantee schemes under paragraph 3a pursuant to the procedure in article 16 of regulation no 1093 / 2010 .


### if a credit institution ceases to be member of a scheme and joins another scheme , the contributions paid during the 6 months preceding the withdrawal of membership shall be reimbursed or transferred to the other scheme . this shall not apply if a credit institution has been excluded from a scheme pursuant to article 3 . ### if a credit institution ceases to be member of a scheme and joins another scheme , the contributions paid during the final year preceding the withdrawal of membership shall be reimbursed or transferred to the other scheme , provided that these are not regular contributions under article 9 , subparagraph 3 , sentence 4 or extraordinary contributions under article 9 . this shall not apply if a credit institution has been excluded from a scheme pursuant to article 3 .


### member states shall ensure that deposit guarantee schemes do not deviate from the coverage level laid down in paragraph 1 . however , member states may decide that the following deposits are covered provided that the costs for such repayments are not subject to article 9 , 10 and 11 : ### member states shall ensure that depositors have a legal entitlement to the coverage level laid down in paragraph 1 . however , member states may decide that the following deposits are covered provided that the costs for such repayments are not subject to article 9 , 10 and 11 :


### the responsible deposit guarantee scheme is [ insert name and address , telephone , e - mail and web site ] . it will repay your deposits within six weeks at the latest , from 31 december 2013 within one week . ### the responsible deposit guarantee scheme is [ insert name and address , telephone , e - mail and web site ] . it will repay your deposits within five [ only where applicable : 20 ] working days . [ where applicable : on request , the deposit guarantee body shall pay you a credit of up to eur 5 000 within five working days . from 2017 , your deposits will be repaid within five working days . ]


### [ only where applicable ] : this method will also be applied if a bank operates under different trading names . the [ insert name of the account - holding credit institution ] also trades under [ insert all other brands of the same credit institution ] . this means that all deposits with one or more of these brand names are in total covered up to eur 100 000 . ### [ only where applicable ] : this method will also be applied if a bank operates under different brand names for its customers . the [ insert name of the account - holding credit institution ] also trades under [ insert all other brands of the same credit institution ] . this means that all deposits with one or more of these brand names are each in total covered up to eur 100 000 .


### depositors at branches set up by credit institutions in other member states or in member states where a credit institution authorised in another member state operates shall be repaid by the scheme of the host member state on behalf of the scheme in the home member state . the home scheme shall reimburse the host scheme . ### depositors at branches set up by credit institutions in other member states or in member states where a credit institution authorised in another member state operates shall be repaid by the scheme of the host member state on behalf of the scheme in the home member state . the home scheme shall advance the necessary funds to enable the host member state scheme to meet the home member state scheme’s obligation to pay depositors as laid down in paragraph 1 .


### the european parliament and the council may object to the delegated act within a period of two months from the date of notification . at the initiative of the european parliament or the council this period shall be extended by one month . ### the european parliament or the council may object to the delegated act within a period of three months from the date of notification . at the initiative of the european parliament or the council this period shall be extended by three months .


### it has not sustained any change in the technical characteristics of its main components such as engine , brakes , steering or suspension and ### – the technical characteristics of its main components such as engine , brakes , steering , vehicle type or suspension are unchanged or are contemporaneous ,


### – it has not been changed in its appearance ; ### – its external appearance is unchanged or contemporaneous ;


### – vehicles of categories l1e , l2e , l3e , l4e , l5e , l6e and l7e : four years after the date on which the vehicle was first registered , then two years and thereafter annually ; ### – vehicles of categories l1e , l2e , l3e , l4e , l5e , l6e and l7e : four years after the date on which the vehicle was first registered , then two years ;


### it is maintained by use of replacement parts which reproduce the historic components of the vehicle ; ### – it is maintained or restored by use of replacement parts which reproduce the historic components of the vehicle or which are contemporaneous ;


### vehicles of category m1 , n1 and o2 : four years after the date on which the vehicle was first registered , then two years and thereafter annually ; ### – vehicles of category m1 , n1 and o2 : four years after the date on which the vehicle was first registered , and thereafter every two years ;


### the register of the branch shall notify , without delay , through the electronic network referred to in article 4a of directive 2009 / 101 / ec of the european parliament and of the council , the register of the company of any changes in the documents and particulars listed in article 2 of this directive . ### the register of the branch shall notify , without delay and in any case within 10 working days at the latest , through the electronic network referred to in article 4a of directive 2009 / 101 / ec of the european parliament and of the council , the register of the company of any changes in the documents and particulars listed in article 2 of this directive .


### member states shall determine the legal procedure to be followed on receipt of the notifications referred to in paragraph 1 of this article and in article 4a of directive 2009 / 101 / ec . such procedures shall ensure that branches of companies that have been dissolved or otherwise removed from the register are closed without undue delay . ### member states shall determine the legal procedure to be followed on receipt of the notifications referred to in paragraph 1 of this article and in article 4a of directive 2009 / 101 / ec . such procedures shall ensure that branches of companies that have been dissolved or otherwise removed from the register are closed and themselves removed from the register without undue delay .


### the commission should have the overall responsibility for the copernicus programme . it should define its priorities and objectives and ensure the overall coordination and supervision of the programme . ### the commission should have the overall responsibility for the copernicus programme . it should define its priorities and objectives and ensure the overall coordination and supervision of the programme . this should also include special efforts leading to raising public awareness about the importance and ubiquity of space programmes in our everyday lives .


### by way of derogation from article 100g of directive 2001 / 83 / ec , medicinal product - related information referred to in article 100b of that directive shall be subject to vetting by the agency prior to its dissemination . ### by way of derogation from article 100g of directive 2001 / 83 / ec , medicinal product - related information referred to in article 100b of that directive shall be subject to vetting by the agency prior to its being made available , unless this information appears on a website , the responsibility for monitoring the content of which rests with a member state in accordance with article 100h of directive 2001 / 83 / ec .


### directive 2001 / 83 / ec provides that certain types of information are subject to control by the member states ' national competent authorities prior to their dissemination . this concerns information about non - interventional scientific studies , or accompanying measures to prevention and medical treatment , or information which presents the medicinal product in the context of the condition to be prevented or treated . in the case of medicinal products for human use authorised pursuant to title ii of regulation no 726 / 2004 , provision should also be made for certain types of information to be subject to prior vetting by the european medicines agency . ### directive 2001 / 83 / ec provides that certain types of information are subject to control by the member states ' national competent authorities prior to being made available . in the case of medicinal products for human use authorised pursuant to title ii of regulation no 726 / 2004 , provision should also be made for certain types of information to be subject to prior vetting by the european medicines agency , and for the agency to monitor the measures to be taken by the manufacturer following a report of adverse reactions , and the consequent updating of the literature .


### the agency may object to the information submitted or parts thereof on grounds related to non - compliance with the provisions of title viiia of directive 2001 / 83 / ec within 60 days after receipt of the notification . if the agency does not object within 60 days , the information shall be deemed accepted and may be published . ### the agency may object to the information submitted or parts thereof on grounds related to non - compliance with the provisions of title viiia of directive 2001 / 83 / ec , stating the grounds for its decision , within 120 days after receipt of the notification . if the agency does not object within 120 days , the information shall be deemed accepted and may be published .


### on 20 december 2007 , the commission submitted a communication to the european parliament and the council concerning the ' report on current practices with regard to the provision of information to patients on medicinal products ' . the report concludes that member states have adopted divergent rules and practices with regard to the provision of information , resulting in a situation where patients and the public at large have unequal access to information on medicinal products . experience gained from the application of the current legal framework has also shown disparities in the interpretation of the community rules on advertising , and between national provisions on information . ### on 20 december 2007 , the commission submitted a communication to the european parliament and the council concerning the ' report on current practices with regard to the provision of information to patients on medicinal products ' . the report concludes that member states have adopted divergent rules and practices with regard to the provision of information , resulting in a situation where patients and the public at large have unequal access to information on medicinal products . experience gained from the application of the current legal framework has also shown disparities in the interpretation of the community rules on advertising , and between national provisions on information , highlighting the urgent need for a more precise distinction between advertising and information .


### any roaming customer may request to switch to or from a eurotariff . any switch must be made within one working day of receipt of the request and free of charge and shall not entail conditions or restrictions pertaining to other elements of the subscription , save that where a roaming customer who has subscribed to a special roaming package which includes more than one roaming service wishes to switch to a eurotariff , the home provider may require the switching customer to forego the benefits of the other elements of that package . a home provider may delay a switch until the previous roaming tariff has been effective for a minimum specified period not exceeding three months . ### any roaming customer may request to switch to or from a eurotariff . any switch must be made within one working day of receipt of the request and free of charge and shall not entail conditions or restrictions pertaining to other elements of the subscription , save that where a roaming customer who has subscribed to a special roaming package which includes more than one roaming service wishes to switch to a eurotariff , the home provider may require the switching customer to forego the benefits of the other elements of that package . a home provider may delay a switch until the previous roaming tariff has been effective for a minimum specified period not exceeding one month .


### with effect from 1 july 2012 , the retail charge of a euro - data tariff which a home provider may levy from its roaming customer for the provision of a regulated roaming data shall not exceed eur 0 , 90 per megabyte . the price ceiling for data used shall decrease to eur 0 , 70 and eur 0 , 50 , per megabyte used on 1 july 2013 and on 1 july 2014 respectively . without prejudice to articles 13 and 19 , the regulated maximum retail charge shall remain at eur 0 , 50 , per megabyte used until 30 june 2016 . ### with effect from 1 july 2012 , the retail charge of a euro - data tariff which a home provider may levy from its roaming customer for the provision of a regulated roaming data shall not exceed eur 0 , 50 per megabyte . the price ceiling for data used shall decrease to eur 0 , 30 and eur 0 , 20 , per megabyte used on 1 july 2013 and on 1 july 2014 respectively . without prejudice to article 19 , the regulated maximum retail charge shall remain at eur 0 , 20 , per megabyte used until 30 june 2017 .


### such basic personalised tariff information shall be delivered to the roaming customer ' s mobile telephone or other device , for example by an sms message , an e - mail or a pop - up window on the computer , every time the roaming customer enters a member state other than that of his home network and initiates for the first time a regulated data roaming service in that particular member state . it shall be provided free of charge at the moment the roaming customer initiates a regulated data roaming service , by an appropriate means adapted to facilitate its receipt and easy comprehension . ### such basic personalised tariff information shall be delivered to the roaming customer’s mobile telephone or other device , for example by an sms message , an e - mail or a pop - up window on the computer , every time the roaming customer enters a country other than that of his home network and initiates for the first time a data roaming service in that particular country . it shall be provided free of charge at the moment the roaming customer initiates a data roaming service , by an appropriate means adapted to facilitate its receipt and easy comprehension .


### any switch to or from an alternative roaming provider shall be free of charge and shall not entail conditions or restrictions pertaining to elements of the subscription other than roaming , and shall be carried out within five working days , save that where a roaming customer who has subscribed to a domestic package which includes roaming prices other than the eurotariff , euro - sms tariff or euro - data tariff , the home provider may delay the switch from the old to the new subscription concerning roaming services for a specified period not exceeding three months . ### any switch to or from an alternative roaming provider shall be free of charge and shall not entail conditions or restrictions pertaining to elements of the subscription other than roaming , and shall be carried out within five working days , save that where a roaming customer who has subscribed to a domestic package which includes roaming prices other than the eurotariff , euro - sms tariff or euro - data tariff , the home provider may delay the switch from the old to the new subscription concerning roaming services for a specified period not exceeding one month .


### with effect from 1 july 2012 , the retail charge of a euro - sms tariff which a home provider may levy from its roaming customer for a regulated roaming sms message sent by that roaming customer may vary for any roaming sms message but shall not exceed eur 0 , 10 . without prejudice to articles 13 and 19 , the regulated maximum retail charge for the euro - sms tariff shall remain at eur 0 , 10 until 30 june 2016 . ### with effect from 1 july 2012 , the retail charge of a euro - sms tariff which a home provider may levy from its roaming customer for a regulated roaming sms message sent by that roaming customer shall reduce to eur 0 , 07 on 1 july 2012 , to 0 , 06 on 1 july 2013 and to 0 , 05 on 1 july 2014 . without prejudice to article 19 , the regulated maximum retail charge for the euro - sms tariff shall remain at eur 0 , 05 until 30 june 2017 .


### the average wholesale charge referred to in paragraph 1 shall be calculated by dividing the total wholesale roaming revenue received by the total number of wholesale roaming minutes actually used for the provision of wholesale roaming calls within the union by the relevant operator over the relevant period , aggregated on a per second basis adjusted to take account of the possibility for the operator of the visited network to apply an initial minimum charging period not exceeding 30 seconds . ### the average wholesale charge referred to in paragraph 1 shall be calculated by dividing the total wholesale roaming revenue received by the total number of wholesale roaming minutes actually used for the provision of wholesale roaming calls within the union by the relevant operator over the relevant period , aggregated on a per second basis .


### each home provider shall grant to all their roaming customers the opportunity to opt deliberately and free of charge for a facility which provides information on the accumulated consumption expressed in volume or in the currency in which the roaming customer is billed for regulated data roaming services and which guarantees that , without the customer ' s explicit consent , the accumulated expenditure for regulated data roaming services over a specified period of use does not exceed a specified financial limit . ### each home provider shall grant to all their roaming customers the opportunity to opt deliberately and free of charge for a facility which provides information on the accumulated consumption expressed in volume or in the currency in which the roaming customer is billed for retail data roaming services provided both inside and outside the union and which guarantees that , without the customer’s explicit consent , the accumulated expenditure for such retail data roaming services over a specified period of use does not exceed a specified financial limit .


### home providers shall ensure that their roaming customers , both before and after the conclusion of a contract , are kept adequately informed of the charges which apply to their use of regulated data roaming services , in ways which facilitate customers ' understanding of the financial consequences of such use and permit them to monitor and control their expenditure on regulated data roaming services in accordance with paragraphs 2 and 3 . the safeguard mechanisms referred to in paragraph 3 shall not apply to pre - paid customers . ### home providers shall ensure that their roaming customers , both before and after the conclusion of a contract , are kept adequately informed of the charges which apply to their use of data roaming services , in ways which facilitate customers ' understanding of the financial consequences of such use and permit them to monitor and control their expenditure on data roaming services in accordance with paragraphs 2 and 3 . the safeguard mechanisms referred to in paragraph 3 shall apply both to pre - paid and to post - paid customers .


### for the purpose of separate sale of roaming services , operators shall make sure that facilities are in place by 1 july 2014 at the latest , to ensure that the customer can use domestic mobile services and separate roaming services offered by an alternative roaming operator while keeping their mobile number . in order to enable the separate sale of roaming services , operators may in particular allow the use of a ‘ eu roaming profile’ on the same sim card and the use of the same terminal alongside domestic mobile services . pricing for interconnection related to the provision of this facility shall be cost - orientated and there should be no direct charges to consumers for the use of this facility . ### for the purpose of separate sale of roaming services , operators shall make sure that facilities meeting the requirements set out in paragraph 1 are in place by 1 july 2014 at the latest , to ensure that the customer can use domestic mobile services and separate roaming services offered by an alternative roaming operator while keeping their mobile number . pricing for interconnections shall be cost - orientated and there should be no direct charges to consumers for the use of this facility .


### with effect from 1 july 2012 the average wholesale charge that the operator of a visited network may levy from the roaming customer ' s home provider for the provision of regulated data roaming services by means of that visited network shall not exceed a safeguard limit of eur 0 , 30 , eur 0 , 20 as of 1 july 2013 and eur 0 , 10 as of 1 july 2014 per megabyte of data transmitted . without prejudice to article 13 the maximum average wholesale charge for the provision of regulated data roaming services shall remain at eur 0 , 10 per megabyte of data transmitted for the duration of this regulation . ### with effect from 1 july 2012 the average wholesale charge that the operator of a visited network may levy from the roaming customer ' s home provider for the provision of regulated data roaming services by means of that visited network shall not exceed a safeguard limit of eur 0 , 25 , eur 0 , 15 as of 1 july 2013 and eur 0 , 10 as of 1 july 2014 per megabyte of data transmitted . without prejudice to article 19 the maximum average wholesale charge for the provision of regulated data roaming services shall remain at eur 0 , 10 per megabyte of data transmitted for the duration of this regulation .


### an automatic message from the home provider shall inform the roaming customer that he is roaming and provide basic personalised tariff information on the charges applicable to the provision of regulated data roaming services to that roaming customer in the member state concerned , except where the customer has notified his home provider that he does not require this information . ### an automatic message from the home provider shall inform the roaming customer that he is roaming and provide basic personalised tariff information on the charges applicable to the provision of data roaming services to that roaming customer in the member state concerned , except where the customer has notified his home provider that he does not require this information .


### ‘ alternative roaming provider’ means a home provider , different from the operator providing domestic mobile communication services , that provides a roaming customer with roaming services via its own network or as a mobile virtual network operator or reseller ; ### ' alternative roaming provider ' means a provider , different from the operator providing domestic mobile communication services , that provides a roaming customer with roaming services via its own network or as a mobile virtual network operator or reseller ;


### to alert a roaming customer to the fact that he will be subject to roaming charges when making or receiving a call or when sending an sms message , each home provider shall , except when the customer has notified his home provider that he does not require this service , provide the customer , automatically by means of a message service , without undue delay and free of charge , when he enters a member state other than that of his home network , with basic personalised pricing information on the roaming charges that apply to the making and receiving of calls and to the sending of sms messages by that customer in the visited member state . ### to alert a roaming customer to the fact that he will be subject to roaming charges when making or receiving a call or when sending an sms message , each home provider shall , except when the customer has notified his home provider that he does not require this service , provide the customer , automatically by means of a message service , without undue delay and free of charge , when he enters a country other than that of his home network , with basic personalised pricing information on the roaming charges that apply to the making and receiving of calls and to the sending of sms messages by that customer in the visited country .


### with effect from 1 july 2012 , the retail charge of a euro - data tariff which a home provider may levy from its roaming customer for the provision of a regulated roaming data shall not exceed eur 0 , 90 per megabyte . the price ceiling for data used shall decrease to eur 0 , 70 and eur 0 , 50 , per megabyte used on 1 july 2013 and on 1 july 2014 respectively . without prejudice to articles 13 and 19 , the regulated maximum retail charge shall remain at eur 0 , 50 , per megabyte used until 30 june 2016 . ### with effect from 1 july 2012 , the retail charge of a euro - data tariff which a home provider may levy from its roaming customer for the provision of a regulated roaming data shall not exceed eur 0 , 50 per megabyte . the price ceiling for data used shall decrease to eur 0 , 30 and eur 0 , 20 , per megabyte used on 1 july 2013 and on 1 january 2014 respectively . the regulated maximum retail charge shall remain at eur 0 , 20 , per megabyte used until 30 june 2014 when price differentiation between domestic and roaming data will no longer be possible .


### with effect from 1&#160 ; july &#160 ; 2012&#160 ; , the average wholesale charge that the operator of a visited network may levy from the customer ' s &#160 ; home provider , for the provision of a regulated roaming sms message originating on that visited network , shall not exceed eur&#160 ; &#160 ; 0 , 03&#160 ; per sms message . &#160 ; the maximum average wholesale charge for the provision of a regulated roaming sms message shall decrease to eur 0 , 02 on 1 july 2014 . without prejudice to article 13 the regulated wholesale charge for the provision of regulated roaming sms messages shall remain at eur 0 , 02 for the duration of this regulation . &#160 ; ### with effect from 1&#160 ; july &#160 ; 2012&#160 ; , the average wholesale charge that the operator of a visited network may levy from the customer ' s &#160 ; home provider , for the provision of a regulated roaming sms message originating on that visited network , shall not exceed eur&#160 ; &#160 ; 0 , 02&#160 ; per sms message . &#160 ; the maximum average wholesale charge for the provision of a regulated roaming sms message shall decrease to eur 0 , 01 on 1 july 2014 . without prejudice to article 13 the regulated wholesale charge for the provision of regulated roaming sms messages shall remain at eur 0 , 01 for the duration of this regulation . &#160 ;


### sending regulated roaming sms messages while in the visited member state . ### sending roaming sms messages while in the visited country .


### the average wholesale charge that the operator of a visited network may levy from the customer ' s &#160 ; home provider for the provision of a regulated roaming call originating on that visited network , inclusive inter alia of origination , transit and termination costs , shall not exceed eur &#160 ; 0 , 14&#160 ; per minute as of 1 july 2012 . ### the average wholesale charge that the operator of a visited network may levy from the customer ' s &#160 ; home provider for the provision of a regulated roaming call originating on that visited network , inclusive inter alia of origination , transit and termination costs , shall not exceed eur &#160 ; 0 , 10&#160 ; per minute as of 1 july 2012 .


### ‘ alternative roaming provider’ means a home provider , different from the operator providing domestic mobile communication services , that provides a roaming customer with roaming services via its own network or as a mobile virtual network operator or reseller ; ### ‘ alternative roaming provider’ means a provider , different from the operator providing domestic mobile communication services , that provides a roaming customer with roaming services via its own network or as a mobile virtual network operator or reseller ;


### with effect from 1 july 2012 the average wholesale charge that the operator of a visited network may levy from the roaming customer ' s home provider for the provision of regulated data roaming services by means of that visited network shall not exceed a safeguard limit of eur 0 , 30 , eur 0 , 20 as of 1 july 2013 and eur 0 , 10 as of 1 july 2014 per megabyte of data transmitted . without prejudice to article 13 the maximum average wholesale charge for the provision of regulated data roaming services shall remain at eur 0 , 10 per megabyte of data transmitted for the duration of this regulation . ### with effect from 1 july 2012 the average wholesale charge that the operator of a visited network may levy from the roaming customer ' s home provider for the provision of regulated data roaming services by means of that visited network shall not exceed a safeguard limit of eur 0 , 05 , eur 0 , 04 as of 1 july 2013 and eur 0 , 03 as of 1 january 2014 per megabyte of data transmitted . the maximum wholesale charge shall remain at eur 0 , 03 per megabyte used until 30 june 2014 when price differentiation between domestic and roaming data will no longer be possible .


### with effect from 1 july 2012 , the retail charge of a euro - data tariff which a home provider may levy from its roaming customer for the provision of a regulated roaming data shall not exceed eur 0 , 90 per megabyte . the price ceiling for data used shall decrease to eur 0 , 70 and eur 0 , 50 , per megabyte used on 1 july 2013 and on 1 july 2014 respectively . without prejudice to articles 13 and 19 , the regulated maximum retail charge shall remain at eur 0 , 50 , per megabyte used until 30 june 2016 . ### with effect from 1 july 2012 , the retail charge of a euro - data tariff which a home provider may levy from its roaming customer for the provision of a regulated roaming data shall not exceed eur 0 , 45 per megabyte . the price ceiling for data used shall decrease to eur 0 , 35 and eur 0 , 25 , per megabyte used on 1 july 2013 and on 1 july 2014 respectively .


### such basic personalised tariff information shall be delivered to the roaming customer ' s mobile telephone or other device , for example by an sms message , an e - mail or a pop - up window on the computer , every time the roaming customer enters a member state other than that of his home network and initiates for the first time a regulated data roaming service in that particular member state . it shall be provided free of charge at the moment the roaming customer initiates a regulated data roaming service , by an appropriate means adapted to facilitate its receipt and easy comprehension . ### such basic personalised tariff information shall be delivered to the roaming customer’s mobile telephone or other device , for example by an sms message , an e - mail or a pop - up window on the computer , every time the roaming customer enters a country other than that of his home network and initiates for the first time a data roaming service in that particular country . it shall be provided free of charge at the moment the roaming customer initiates a data roaming service , by an appropriate means adapted to facilitate its receipt and easy comprehension .


### where appropriate , home providers shall inform their customers , before the conclusion of a contract and on a regular basis thereafter , of the risk of automatic and uncontrolled data roaming connection and download . furthermore , home providers shall explain to their customers , in a clear and easily understandable manner , how to switch off these automatic data roaming connections in order to avoid uncontrolled consumption of data roaming services . ### home providers shall inform their customers , before the conclusion of a contract and on a regular basis thereafter , of the risk of automatic and uncontrolled data roaming connection and download . furthermore , home providers shall explain to their customers , in a clear and easily understandable manner , how to switch off these automatic data roaming connections in order to avoid uncontrolled consumption of data roaming services .


### draft legislative resolution member states shall determine what penalties are applicable when national provisions enacted pursuant to this decision are infringed . the penalties shall be effective , proportionate and dissuasive . ### member states shall determine what penalties are applicable when national provisions enacted pursuant to this decision are infringed .


### it is important in this connection that the member states determine the system of penalties applicable in the event of non - compliance with the obligations stemming from this decision , and that they ensure that those penalties are applied . the penalties must be effective , proportionate and dissuasive . ### it is important in this connection that the commission determines the system of penalties applicable in the event of non - compliance with the obligations stemming from this decision , and that it ensures that those penalties are applied . the penalties must be effective , proportionate and dissuasive .


### it is important in this connection that the member states determine the system of penalties applicable in the event of non - compliance with the obligations stemming from this decision , and that they ensure that those penalties are applied . the penalties must be effective , proportionate and dissuasive . ### it is important in this connection that the commission determines the system of administrative measures applicable in the event of non - compliance with the obligations stemming from this decision , while the member states shall determine what penalties are applicable when national provisions enacted pursuant to this decision are infringed . the member states ensure that those penalties and administrative measures are applied . in all cases , the administrative measures and the penalties must be effective , proportionate and dissuasive . when administrative measures or penalties are imposed , the right of appeal for the accused individual or entity should be guaranteed .


### aifm shall ensure that , for each aif that it manages , a valuator is appointed which is independent of the aifm to establish the value of assets acquired by the aif and the value of the shares and units of the aif . ### aifm shall ensure that , for each aif that it manages , a certified valuator is appointed to establish , on the basis of statutory valuation guidelines , the value of assets acquired by the aif and the value of the shares and units of the aif .


### where , following an acquisition of 30 % or more of the voting rights of an issuer , the shares of that issuer are no longer admitted to trading on a regulated market , it shall nevertheless continue to comply with its obligations under directive 2004 / 109 / ec for two years from the date of withdrawal from the regulated market . ### where , following the securing of a dominant influence over an issuer , the shares of that issuer are no longer admitted to trading on a regulated market , it shall nevertheless continue to comply with its obligations under directive 2004 / 109 / ec for one year from the date of withdrawal from the regulated market .


### the commission shall adopt implementing measures further specifying the criteria under which a valuator can be considered independent in the meaning of paragraph 1 . ### the commission shall adopt implementing measures further specifying the conditions governing the certification of valuators and the principles underlying the valuation criteria in the meaning of paragraph 1 .


### the current risk profile of the aif and the risk management systems employed by the aifm to manage these risks . ### on a periodic basis , but not less than every month , unless the information has not changed since the last disclosure , the current risk profile of the aif , including the level of leverage used , and the risk management systems employed by the aifm to manage these risks .


### home member states shall ensure that all information received under article 24 , aggregated in respect of all aifm that it supervises , are made available to other competent authorities through the procedure set out in article 46 on supervisory co - operation . it shall , without delay , also provide information through this mechanism , and bilaterally to other member states directly concerned , if an aifm under its responsibility could potentially constitute an important source of counterparty risk to a credit institution or other systemically relevant institution in other member states . ### home member states shall ensure that all information received under article 24 , aggregated in respect of all aif and aifm that it supervises , are made available to other competent authorities , the european committee on systemic risks and the esma through the procedure set out in article 46 on supervisory co - operation . it shall , without delay , also provide information through this mechanism , and bilaterally to other member states directly concerned , if an aif and aifm under its responsibility could potentially constitute an important source of counterparty risk to a credit institution or other systemically relevant institution in other member states .


### aifm managing one or more aif which either individually or in aggregation acquires 30 % or more of the voting rights of an issuer or of a non - listed company domiciled in the community , as appropriate ; ### aifm managing one or more aif which either individually or in aggregation acquires 10% , 20% , 30 % or 50% or more of the voting rights of an issuer or of a non - listed company domiciled in the community , as appropriate ;


### aifm managing one or more aif which either individually or in aggregation acquires 30 % or more of the voting rights of an issuer or of a non - listed company domiciled in the community , as appropriate ; ### aifm exercising , on the basis of the equity interests or other interests held by one or more aif they manage , a dominant influence over an issuer or over a non - listed company . at all events , the acquisition of more than 25% of the voting rights shall be deemed to constitute a dominant influence ;


### aifm having concluded an agreement with one or more other aifm which would allow the aif managed by these aifm to acquire 30 % or more of the voting rights of the issuer or the non - listed company , as appropriate . ### aifm acting in concert with one or more other aifm regarding the acquisition or exercise of voting rights by the aif managed by these aifm , when such aifm manages one or more aif which either individually or in aggregation acquires 10% , 20% , 30% or 50% or more of the voting rights of the issuer or the non - listed company , as appropriate .


### the conditions under which the 30% threshold has been reached , including information about the identity of the different shareholders involved ; ### the conditions under which the threshold has been reached , including information about the full identification of the different aifm , aif and shareholders involved and of persons acting in concert with them , any natural person or legal entity entitled to exercise voting rights on their behalf and , if applicable , the chain of undertakings through which voting rights are effectively held ;


### in addition to article 27 , member states shall ensure that where an aifm acquires 30 % or more of the voting rights of an issuer or a non - listed company , that aifm makes the information set out in the second and third subparagraphs available to the issuer , the non - listed company , their respective shareholders and representatives of employees or , where there are no such representatives , to the employees themselves . ### in addition to article 27 , member states shall ensure that where an aifm , acting alone or in concert with other aifm , comes to hold through one or several aif which it manages 30 % or more of the voting rights of an issuer or a non - listed company , or otherwise holds a controlling influence in such aif , that aifm notifies the information set out in the second subparagraph to the issuer , the non - listed company , their respective shareholders and representatives of employees or , where there are no such representatives , the employees themselves , the competent authority of the aifm and the competent authority of the member state where the issuer or the non - listed company is established .


### the policy for preventing and managing conflicts of interests , in particular between the aifm and the issuer ; ### the policy for preventing and managing conflicts of interests , in particular between the aif or aifm and the issuer ;


### liability to aif investors may be invoked either directly or indirectly through the aifm , depending on the legal nature of the relationship between the depositary , the aifm and the investors . the depositary ' s liability shall not be affected by any delegation referred to in paragraph 4 . ### liability to aif investors may be invoked directly and indirectly through the aifm . the depositary ' s liability shall not be affected by any delegation referred to in paragraph 4 .


### the competition for the european capital of culture title shall only be open to cities . candidate cities may involve their surrounding regions . however , the applications shall be made under the name of the leading city and , if selected , the title will be awarded to this city . ### the competition for the european capital of culture title shall only be open to cities . candidate cities may involve their surrounding areas . however , the applications shall be made under the name of the leading city and , if selected , the title will be awarded to this city .


### to this end , the commission shall convene the european panel and the concerned cities to three meetings : the first meeting shall take place three years before the beginning of the year of the title ; the second meeting shall take place eighteen months before the beginning of the year of the title and the third meeting shall take place two months before the beginning of the year of the title . the member state or country concerned may nominate an observer to these meetings . ### to this end , the commission shall convene the european panel and the concerned cities to three meetings : the first meeting shall take place three years before the beginning of the year of the title ; the second meeting shall take place eighteen months before the beginning of the year of the title and the third meeting shall take place two months before the beginning of the year of the title . if two consultative members are appointed by the member states , they shall attend the meeting and bring their input to the discussion .


### where a country accedes to the union after the adoption of the present decision , the list referred to in the annex shall be updated accordingly . thus the cities in this country shall be entitled to be designated as european capitals of culture according to the same rules and procedures as for other member states . ### where a country accedes to the union after the adoption of this decision , the list set out in the annex shall be updated accordingly . thus the cities in that country shall be entitled to be designated as european capitals of culture in accordance with the same rules and procedures as for other member states . the order of accession of countries shall be respected . if two or more countries accede to the union at the same date and if no agreement on the order of participation can be reached between the countries concerned , the council shall organize a draw .


### each of the member states concerned shall convene the european panel for a pre - selection meeting with the candidate cities five years before the beginning of the year of the title . ### each of the member states concerned shall convene the european selection panel for a pre - selection meeting with the candidate cities five years before the beginning of the year of the title . if two consultative members are appointed by the member states , they shall attend the meeting and bring their input to the discussion .


### each of the member states concerned shall convene the european panel for a final selection meeting with the short - listed candidate cities nine months after the pre - selection meeting . ### each of the member states concerned shall convene the european selection panel for a final selection meeting with the short - listed candidate cities nine months after the pre - selection meeting . if two consultative members are appointed by the member states , they shall attend the meeting and bring their input to the discussion .


### the european capital of culture title should continue to be reserved to cities , but in order to reach a wider public and amplify the impacts , these cities should also continue to have the possibility to involve their surrounding region . ### the european capital of culture title should in principle be awarded to cities ; exceptionally , the title may be awarded to a region , which may be a cross - border region , where it is shown in the concept for the candidate region concerned that this will make it possible to reach a wider public , amplify the impacts and make a significant contribution to achieving the scheme ' s objectives .


### the involvement of the local population and civil society in the preparation of the application and the implementation of the european capital of culture ; ### the involvement of the local population , especially young people and civil society in the preparation of the application and the implementation of the european capital of culture ;


### if the conditions laid down in paragraph 1 are fulfilled and the melina mercouri prize is awarded to a designated city , the prize shall be paid no later than the end of june of the year of the title , provided that the city keeps to the commitments it made at the application stage and all the recommendations made by the european panel in the selection and monitoring reports were implemented . ### if the conditions laid down in paragraph 1 are fulfilled and the prize is awarded to a designated city , the amount of the prize shall be paid no later than the end of march of the year of the title , provided that the city keeps to the commitments it made at the application stage and all the recommendations made by the european panel in the selection and monitoring reports have been implemented .


### the european panel shall consist of 10 members . they shall be citizens of the union . they shall be independent experts with substantial experience and expertise in the cultural sector , in the cultural development of cities or in the organisation of a european capital of culture . they shall also be able to devote an appropriate number of working days per year to the european panel . ### the european panel shall consist of 10 members selected following the organization of an open call for expressions of interest . they shall have european citizenship and shall be independent experts with substantial experience and expertise in the cultural sector , in the cultural development of cities or in the organisation of a european capital of culture . they shall also be able to devote an appropriate number of working days per year to the european panel .


### to enhance the range , diversity and european dimension of the cultural offer in cities , including through transnational co - operation ; ### to enhance the production , range , diversity and european dimension of the cultural offering in cities , including through transnational cooperation ;


### the scope and quality of activities highlighting the common aspects of european cultures , heritage and history , as well as european integration ; ### the scope and quality of activities highlighting the common aspects of european cultures , heritage and history , as well as european integration , based on current european themes and european issues with broad social impact ;


### the application has cross - party political support ; ### the application has broad cross - party political support ;


### the competition for the european capital of culture title shall only be open to cities . candidate cities may involve their surrounding regions . however , the applications shall be made under the name of the leading city and , if selected , the title will be awarded to this city . ### in principle , the competition for the european capital of culture title shall be open to cities . exceptionally , the title may be awarded to a region , which may be a cross - border region , where it is shown in the concept for the candidate region concerned that this will make it possible to reach a wider public , amplify the impacts and make a significant contribution to achieving the scheme ' s objectives . however , the applications shall always be made under the name of a leading city located in a member state which is entitled to apply that year .


### the european panel shall consist of 10 members . they shall be citizens of the union . they shall be independent experts with substantial experience and expertise in the cultural sector , in the cultural development of cities or in the organisation of a european capital of culture . they shall also be able to devote an appropriate number of working days per year to the european panel . ### the european panel shall consist of 10 members . they shall be citizens of the union . they shall be independent experts with substantial experience and expertise in the cultural sector , in the cultural development of cities or in the organisation of a european capital of culture . they shall also be able to devote an appropriate number of working days per year to the european panel . each of the member states concerned may nominate two consultative members to the panel .


### to strengthen the capacity of the cultural sector and its connectivity with other sectors ; ### to strengthen the capacity of the cultural sector and its links with other sectors , in particular those concerned with education , scientific research and the environment ;


### the members of the european panel shall declare any actual or potential conflict of interest in respect of a specific candidate city . in the event of such a declaration by a member , or if such a conflict of interest comes to light , that member shall not participate in the selection procedure for the member state concerned or , where appropriate , in the selection procedure for candidate or potential candidate countries . the member concerned shall not be replaced for this procedure and the selection shall be carried out by the remaining members of the european panel . ### the members of the european panel shall declare any actual or potential conflict of interest in respect of a specific candidate city . in the event of such a declaration by a member , or if such a conflict of interest comes to light , that member shall resign and the relevant union institution or body shall replace that member for the remainder of the mandate , in accordance with the relevant procedure .


### furthermore , also for reasons of equity with member states , each candidate country or potential candidate country shall only be allowed to host the title once during the period from 2020 to 2033 . therefore , cities from countries which were already awarded the title shall not be allowed to participate in the subsequent competitions during that same period . ### furthermore , each candidate country or potential candidate country shall only be allowed to host the title once during the period from 2020 to 2033 .


### given the urgency of the situation in pakistan , the regulation should apply as of 1 january 2011 , provided that the wto has approved the request from the union for the waiver from its obligations under gatt articles i and xiii . ### given the urgency of the situation in pakistan , the regulation should apply as of 1 january 2011 or as soon as the wto has approved the request from the union for the waiver from its obligations under gatt articles i and xiii .


### in order to ensure an immediate and sustainable impact on the economic recovery of pakistan in the aftermath of the floods it is recommended to limit the duration of the trade preferences until 31 december 2013 . ### in order to ensure an immediate and significant impact on the economic recovery of pakistan in the aftermath of the floods , it is recommended to limit the duration of the trade preferences until 31 december 2011 and in any case not beyond the deadline of one year from the entry into force of this regulation .


### it is therefore appropriate to extend autonomous trade preferences to pakistan by suspending for a limited period of time all tariffs for certain products of export interest to pakistan . the provision of these trade preferences would not cause any meaningful adverse effects on the domestic market of the union and would not affect negatively least developed members of the world trade organisation . ### given the hardship being suffered by the pakistani people due to the devastating floods it is therefore appropriate to extend exceptional autonomous trade preferences to pakistan by suspending for a limited period of time all tariffs for certain products of export interest to pakistan . the provision of these trade preferences would cause limited adverse effects on the domestic market of the union and would not affect negatively least developed members of the world trade organisation .


### in order to ensure an immediate and sustainable impact on the economic recovery of pakistan in the aftermath of the floods it is recommended to limit the duration of the trade preferences until 31 december 2013 . ### in accordance with the wto waiver , the trade preferences expire on 31 december 2012 . a one year extension until 31 december 2013 could be envisaged by the european parliament and the council depending on the assessment of the impact of the trade preferences on the union ' s industry , the real benefits they provide to the pakistani people and the ability of the commission to obtain an extension of the wto waiver


### the scope of this regulation should cover public documents drawn up by authorities of the member states and having formal evidentiary value relating to birth , death , name , marriage or registered partnership , parenthood , adoption , residence , citizenship , nationality , real estate , legal status and representation of a company or other undertaking , intellectual property rights and absence of a criminal record . simplification of the acceptance of these categories of public documents between the member states should bring tangible benefits to union citizens and companies or other undertakings . because of their different legal nature , documents drawn up by private persons should be excluded from its scope . documents drawn up by authorities of third countries should likewise fall outside the scope of this regulation . ### the scope of this regulation should cover certain public documents drawn up by authorities of the member states and having formal evidentiary value . simplification of the acceptance of these categories of public documents between the member states should bring tangible benefits to union citizens and companies or other undertakings . because of their different legal nature , documents drawn up by private persons should be excluded from its scope . documents drawn up by authorities of third countries should likewise fall outside the scope of this regulation .