### in order to implement this regulation , the commission shall adopt an annual work programme of the eu aid volunteers ' initiative in accordance with the procedure referred to in article 24 . it shall set out the objectives pursued , the expected results , the method of implementation and their total amount . it shall also contain the description of actions to be financed , an indication of the amount allocated to each action and an indicative implementation timetable . for grants , they shall include the priorities , the essential evaluation criteria and the maximum rate of co - financing . ### in order to implement this regulation , the commission shall adopt an annual work programme of the eu aid volunteers ' initiative in accordance with the procedure referred to in article 25 . it shall set out the objectives pursued , the expected results , the method of implementation and their total amount . it shall also contain the description of actions to be financed and an indication of the amount allocated to each action . for grants , they shall include the priorities , the essential evaluation criteria and the maximum rate of co - financing . the indicative implementation timetable of the annual work programme shall be adopted in accordance with the procedure referred to in article 24 .


### fish belonging to the taxon elasmobranchii , including sharks , skates and rays are generally very vulnerable to overexploitation due to their life cycle characteristics of slow growth , late maturity and small number of young . in recent years , some shark populations have been severely targeted and put under serious threat as a result of a dramatic increase in demand for shark products , fins in particular . ### fish belonging to the taxon elasmobranchii , which includes sharks , skates , rays and similar species are generally very vulnerable to exploitation due to their life - cycle characteristics of slow growth , late maturity and small number of young . non - sustainable shark fishing has endangered the balance of marine ecosystems and , in recent years , some shark populations have been severely targeted and put under serious threat as a result of a dramatic increase in demand for shark products , fins in particular . growing demand for shark fin preparations and the high price they fetch have also led to an increase in illegal fishing .


### fish belonging to the taxon elasmobranchii , including sharks , skates and rays are generally very vulnerable to overexploitation due to their life cycle characteristics of slow growth , late maturity and small number of young . in recent years , some shark populations have been severely targeted and put under serious threat as a result of a dramatic increase in demand for shark products , fins in particular . ### fish belonging to the taxon elasmobranchii , including sharks , skates and rays are generally very vulnerable to overexploitation due to their life cycle characteristics of slow growth , late maturity and small number of young . in recent years , some shark populations have been severely targeted by vessels flying the flag of a member state in maritime waters under the sovereignty or the jurisdiction of member states or in other maritime waters , and put under serious threat as a result of a dramatic increase in demand for shark products , fins in particular .


### regulation no 1185 / 2003 allows member states to issue special fishing permits allowing processing on board , whereby shark fins can be removed from the bodies . in order to ensure the correspondence between the weight of fins and bodies , a ‘ fin - to - carcass’ ratio is established , however , following processing operations , fins and bodies can be landed in different ports . in such cases the use of the ratio becomes ineffective and gives scope for shark finning to occur . under these circumstances , the collection of data , e . g ; species identification , populations structure , underpinning scientific advice for the establishment of fisheries conservation measures , is hampered . ### regulation no 1185 / 2003 allows member states to issue special fishing permits allowing processing on board , whereby shark fins can be removed from the bodies . in order to ensure the correspondence between the weight of fins and bodies , a ‘ fin - to - carcass’ ratio is established , however , following processing operations , fins and bodies can be landed in different ports . in such cases the use of the ratio becomes ineffective and gives scope for shark finning to occur . under these circumstances , the collection of data , e . g ; species identification , populations structure , underpinning scientific advice for the establishment of fisheries conservation measures , as well as the enforcement of the regulation and punishment for non - compliance , are hampered .


### regulation no 1185 / 2003 allows member states to issue special fishing permits allowing processing on board , whereby shark fins can be removed from the bodies . in order to ensure the correspondence between the weight of fins and bodies , a ' fin - to - carcass ' ratio is established , however , following processing operations , fins and bodies can be landed in different ports . in such cases the use of the ratio becomes ineffective and gives scope for shark finning to occur . under these circumstances , the collection of data , e . g ; species identification , populations structure , underpinning scientific advice for the establishment of fisheries conservation measures , is hampered . ### regulation no 1185 / 2003 allows member states to issue special fishing permits allowing processing on board , whereby shark fins can be removed from the bodies . in order to ensure the correspondence between the weight of fins and bodies , a ' fin - to - carcass ' ratio is established , however , following processing operations , fins and bodies can be landed in different ports . in such cases the use of the ratio becomes ineffective and gives scope for shark finning to occur . under these circumstances , the collection of data , e . g ; species identification , populations structure , underpinning scientific advice for the establishment of fisheries conservation and management measures , is hampered .


### in 1999 the food and agriculture organisation of the united nations adopted the international action plan for the conservation and management of sharks , which was the basis for the 2009 commission communication on a european community action plan for the conservation and management of sharks , whereby the union committed itself to adopt all necessary measures for the conservation of sharks and to minimize waste and discards from shark catches . the council endorsed the overall approach and specific objectives of the union as set out in that communication . ### in 1999 the food and agriculture organisation of the united nations adopted the international action plan for the conservation and management of sharks , which was the basis for the 5 february 2009 commission communication on a european community action plan for the conservation and management of sharks , whereby the union committed itself to adopt all necessary measures for the conservation of sharks and to minimize waste and discards from shark catches . the council endorsed the overall approach and specific objectives of the union as set out in that communication , and encouraged the commission to pay particular attention to the question of the removal of fins and to present as soon as possible amendments to regulation no 1185 / 2003 , notably with reference to the exemptions and the associated conditions laid down therein .


### in 2010 - 2011 , as part of the required impact assessment exercise , the european commission held a public consultation in order to gather information on the most appropriate manner in which regulation no 1185 / 2003 should be amended . the conclusion of the impact assessment is that the regulation should be amended so that all sharks must be landed with their fins still attached . it is necessary and appropriate for the achievement of the basic objective of the conservation of shark stocks , and in view of the outcome of the public consultation , to amend regulation no 1185 / 2003 accordingly ; ### in 2010 - 2011 , as part of the required impact assessment exercise , the european commission held a public consultation in order to gather information on the most appropriate manner in which regulation no 1185 / 2003 should be amended . the conclusion of the impact assessment is that the regulation should be amended so that all sharks must be landed with their fins still naturally attached to the body . it is necessary and appropriate for the achievement of the basic objective of the conservation of shark stocks , and in view of the outcome of the public consultation , to amend regulation no 1185 / 2003 accordingly ;


### the following paragraph 1a is inserted after paragraph 1 of article 3 : ' 1a . without prejudice to paragraph 1 , and in order to facilitate on board storage , shark fins may be partially sliced through and folded against the carcass . ' ### the following paragraphs are inserted after paragraph 1 of article 3 : ' 1a . without prejudice to paragraph 1 , and in order to facilitate on board storage , shark fins may be partially sliced through and folded against the carcass . ' 1b . without prejudice to paragraph 1a , all sharks caught shall be landed with their fins naturally attached to the body . '


### where fishing vessels flying the flag of a member state catch , retain on board , tranship or land sharks , the flag member state shall send to the commission , by 1 may at the latest , a comprehensive annual report on the implementation of this regulation during the previous year . the report shall describe the monitoring of compliance of vessels with the regulation , and the enforcement measures taken by member states in cases of non - compliance . in particular , the following information shall be provided : ' ### a member state in which fishing vessels catch , retain on board , tranship or land sharks , and / or a member state in which fishing vessels flying the flag of a third country tranship or land sharks shall send to the commission , by 1 may at the latest , a comprehensive annual report on the implementation of this regulation during the previous year . the report shall describe the monitoring of compliance of vessels with the regulation , and the enforcement measures taken by member states in cases of non - compliance . in particular , the following information shall be provided , pursuant to council regulation no 1224 / 2009 of 20 november 2009 establishing a community control system for ensuring compliance with the rules of the common fisheries policy1 and to commission implementing regulation no 404 / 2011 of 8 april 2011 laying down detailed rules for the implementation of council regulation no 1224 / 2009 establishing a community control system for ensuring compliance with the rules of the common fisheries policy2 : 1oj l 343 , 22 . 12 . 2009 , p . 1 2oj l 112 , 30 . 4 . 2011 , p . 1


### – the number of landings of sharks ; ### – the number of landings of sharks and , for each landing , the total number landed listed by species and fishing ground , and the total weight per species ;


### – the number of inspections carried out ; ### – the number , date and place of inspections carried out ;


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


### 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


### given that the eeas should be treated as an institution for the purposes of the financial regulation , the european parliament is to grant discharge to the eeas for the implementation of the appropriations voted in the eeas section of the budget . the european parliament should also continue to grant discharge to the commission for the implementation of commission ' s section of the budget , including operational appropriations implemented by heads of delegations who are sub - delegated authorising officers of the commission . ### given that the eeas should be treated as an institution for the purposes of the financial regulation , the european parliament is to grant discharge to the eeas for the implementation of the appropriations voted in the eeas section of the budget . in this context , the eeas shall be fully subject to the procedures provided for in article 319 of the treaty on the functioning of the european union and in articles 145 to 147 of the financial regulation . the eeas shall fully cooperate with institutions involved in the discharge procedure and provide , as appropriate , the additional necessary information , including through attendance in meetings of the relevant bodies . the european parliament should also continue to grant discharge to the commission for the implementation of commission ' s section of the budget , including operational appropriations implemented by heads of delegations who are sub - delegated authorising officers of the commission . given the complexity of this structure , high - standard provisions on traceability and budgetary and financial accountability need to be applied .


### the lisbon treaty foresees that commission delegations become part of the eeas as union delegations . in order to ensure their efficient management , all administrative and support expenditure of union delegations which finance common costs should be executed by a single support service . to that effect , the financial regulation should foresee the possibility for detailed rules , to be agreed with the commission , in order to facilitate the implementation of the union delegations ' operating appropriations entered in the eeas and the council sections of the budget . ### the lisbon treaty foresees that commission delegations become part of the eeas as union delegations . in order to ensure their efficient management , all administrative and support expenditure of union delegations which finance common costs should be executed by a single support service . to that effect , the financial regulation should foresee the possibility for detailed rules , to be agreed with the commission , in order to facilitate the implementation of the union delegations ' appropriations entered in the eeas section of the budget .


### in the first paragraph of article 50 , the following sentence is added : ' however , detailed rules may be agreed with the commission in order to facilitate the implementation of the union delegations ' operating appropriations entered in the eeas and the council sections of the budget . ' ### in the first paragraph of article 50 , the following sentence and the following subparagraph are added : ' however , detailed rules may be agreed with the commission in order to facilitate the implementation of the union delegations ' appropriations entered in the eeas section of the budget . within the eeas a director general for budget and administration shall be responsible to the high representative for the administrative and internal budgetary management of the eeas . he shall work within the existing format and follow the same administrative rules as applicable to the part of section iii of the eu budget which falls under heading v of the multiannual financial framework . '


### ' 5 . where heads of union delegations act as authorising officers by sub - delegation in accordance with the second paragraph of article 51 , they shall refer , where their duties as authorising officer so require , to the commission as their institution . ' ### ' 5 . where heads of union delegations act as authorising officers by sub - delegation in accordance with the second paragraph of article 51 , they shall be subject to the commission as the institution responsible for the definition , exercise , control and appraisal of their duties and responsibilities as authorising officers by sub - delegation . '


### having regard to the treaty on the functioning of the european union , and in particular article 79 and thereof , ### - having regard to the treaty on the functioning of the european union , and in particular article 79 and and article 79 thereof ,


### for the purpose of this directive , intra - corporate transferees encompass managers , specialists and graduate trainees with a higher education qualification . their definition builds on specific commitments of the union under the general agreement on trade in services and bilateral trade agreements . those commitments undertaken under the general agreement on trade in services do not cover conditions of entry , stay and work . therefore , this directive complements and facilitates the application of those commitments . however , the scope of the intra - corporate transfers covered by this directive is broader than that implied by trade commitments , as the transfers do not necessarily take place within the services sector and may originate in a third country which is not party to a trade agreement . ### for the purpose of this directive , intra - corporate transferees encompass managers , specialists and graduate trainees with a higher education qualification and higher professional qualifications . intra - corporate transferees are to be employed in highly - qualified employment . their definition is linked to the european qualifications framework , which sets out a european reference framework to assess qualifications in a comparable and transparent manner while being compatible with the general agreement on trade in services and bilateral trade agreements .


### texte proposé par la commission ### amendement to assess the qualification of intra - corporate transferees , member states should make use of their national coordination points set up under the european qualifications framework which establishes a european reference framework for the assessment of qualifications in a comparable and transparent manner .


### texte proposé par la commission ### amendement within the principle of equal treatment as regards social security provisions , cases of double coverage of intra - corporate transferees should be avoided and member states should ensure that this occurs in compliance with the relevant binding legal acts of the union .


### intra - corporate transferees should benefit from the same working conditions as posted workers whose employer is established on the territory of the european union , as defined by directive 96 / 71 / ec of the european parliament and of the council of 16 december 1996 concerning the posting of workers in the framework of the provision of services . that requirement is intended to protect workers and guarantee fair competition between undertakings established in a member state and those established in a third country , as it ensures that the latter will not be able to benefit from lower labour standards to take any competitive advantage . ### intra - corporate transferees should benefit from the same working conditions as local workers . intra - corporate transferees should be given equal treatment at the same workplace with nationals of the host member state or the permanent staff in all terms and conditions of employment . that requirement is intended to protect workers and guarantee fair competition between undertakings established in a member state and those established in a third country , and in particular to avoid social dumping . particular attention should be paid to consistency with relevant union legislation .


### as intra - corporate transfers consist of temporary migration , the applicant should provide evidence that the third - country national will be able to transfer back to an entity belonging to the same group and established in a third country at the end of the assignment . that evidence may consist of the relevant provisions under the work contract . an assignment letter should be produced providing evidence that the third country national manager or specialist possesses the professional qualifications needed in the member state to which they have been admitted to occupy the post or the regulated profession . ### as intra - corporate transfers consist of temporary migration , the applicant should provide evidence that the third - country national will be able to transfer back to an entity belonging to the same group and established in a third country at the end of the assignment . that evidence may consist of the relevant provisions under the work contract . an assignment letter should be produced providing evidence that the third country national manager or specialist possesses the higher education qualification , higher professional qualifications and the professional experience needed in the member state to which they have been admitted to occupy the post or the regulated profession .


### equal treatment should be granted under national law in respect of those branches of social security defined in article 3 of regulation no 883 / 2004 of the european parliament and of the council of 29 april 2004 on the coordination of social security systems . since this directive is without prejudice to provisions included in bilateral agreements , the social security rights enjoyed by third country national intra - corporate transferees on the basis of a bilateral agreement concluded between the member state to which the person has been admitted and his or her country of origin could be strengthened compared to the social security rights which would be granted to the transferee under national law . this directive should not confer more rights than those already provided for in existing union legislation in the field of social security for third - country nationals who have cross - border interests between member states . ### adequate social security coverage for intra - corporate transferees and their family members is a key element of this directive and is important for ensuring decent working and living conditions while staying in the union . equal treatment should be granted to third - country nationals who are the subjects of an intra - corporate transfer . special attention should be given to provisions ensuring equal treatment as regards social security under national law in respect of those branches of social security defined in article 3 of regulation no 883 / 2004 of the european parliament and of the council of 29 april 2004 on the coordination of social security systems . without prejudice to bilateral agreements providing better social security coverage , this directive should establish mechanisms which ensure the effective coverage under social security during the stay and the mechanisms for exporting acquired rights where applicable . any restrictions to the equal treatment in the field of social security under this directive should be without prejudice to the rights conferred in application of regulation no1231 / 2010 of the european parliament and of the council of 24 november 2010 extending regulation no 883 / 2004 and regulation no 987 / 2009 on nationals of third countries who are not already covered by these regulations solely on the ground of their nationality¹ . ____________ ¹ oj l 344 , 29 . 12 . 2010 , p . 1 .


### ‘ 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 ;


### 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 ;


### whatever the law applicable to the employment relationship , intra - corporate transferees shall be entitled to : the terms and conditions of employment applicable to posted workers in a similar situation as laid down by law , regulation or administrative provision and / or universally applicable collective agreements in the member state to which they have been admitted pursuant to this directive . 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 . 2 . equal treatment with nationals of the host member state as regards : freedom of association and affiliation and membership of an organisation representing workers or employers or of any organisation whose members are engaged in a specific occupation , including the benefits conferred by such organisations , without prejudice to the national provisions on public policy and public security ; recognition of diplomas , certificates and other professional qualifications in accordance with the relevant national procedures . without prejudice to existing bilateral agreements , provisions in national law regarding the branches of social security defined in article 3 of regulation no 883 / 2004 . in the event of mobility between member states and without prejudice to existing bilateral agreements , council regulation no 859 / 2003 shall apply accordingly ; without prejudice to regulation no 859 / 2003 and to existing bilateral agreements , payment of statutory pensions based on the worker’s previous employment when moving to a third country ; access to goods and services and the supply of goods and services made available to the public , except public housing and counselling services afforded by employment services . the right to equal treatment laid down in paragraph 2 shall be without prejudice to the right of the member state to withdraw or to refuse to renew the permit in accordance with article 7 . ### whatever the law applicable to the employment relationship , intra - corporate transferees shall be entitled to equal treatment with nationals of the host member state as regards : the terms and conditions of employment as laid down by law , regulation or administrative provision and / or arbitration awards and collective agreements applicable at the workplace in the member state in which they are currently working . 2 . freedom of association and affiliation and membership of an organisation representing workers or employers or of any organisation whose members are engaged in a specific occupation , including the benefits and rights conferred by such organisations , without prejudice to the national provisions on public policy and public security ; 3 . recognition of diplomas , certificates and other professional qualifications in accordance with the relevant national procedures . 4 . branches of social security as defined in article 3 of regulation no 883 / 2004 without prejudice to existing bilateral agreements providing for better conditions . each member state remains responsible , in the absence of harmonisation at union level , for laying down in its legislation , in compliance with union law , the non - discriminatory rules governing the granting of social security benefits , as well as the amount and duration of such benefits . in the event of mobility between member states regulation no 1231 / 10 or , where still applicable , council regulation no 859 / 2003 shall apply accordingly , without prejudice to existing bilateral agreements providing for better conditions ; 5 . access to goods and services and the supply of goods and services made available to the public , except public housing and public employment services . third - country workers moving to a third country , or the survivors of such workers residing in a third - country deriving rights from the worker , shall receive , in relation to old - age , invalidity and death , statutory pensions based on the workers’ previous employment and acquired in accordance with the legislation set out in article 3 of regulation no 883 / 2004 , under the same conditions and at the same rates as the nationals of the member states concerned when they move to a third country ; the right to equal treatment laid down in this article shall be without prejudice to the right of the member state to withdraw or to refuse to renew the permit in accordance with article 7 .


### 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 . ### non - discrimination based on sex , gender identity , 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 .


### 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 .


### 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 , 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 .


### to contribute to enhancing the exercise of rights deriving from the citizenship of the union ; ### to contribute to the promotion and the protection of the rights of all persons residing in the eu including 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 equal treatment and the effective implementation of the principles of non discrimination , including on the grounds of sex , racial or ethnic origin , religion or belief , disability , age or sexual orientation or gender identity , including equality between women and men and the rights of persons with disabilities and of the elderly , recognising the right of all persons to be treated with dignity ; to combat bullying , harassment and intolerant treatment , especially in the workplace ; to guarantee the right to equal treatment between workers from different member states especially as regards employment , remuneration and other conditions of work and employment ;


### 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 on the grounds of sex , gender identity , 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 ;


### 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 .


### this directive constitutes an essential instrument for the achievement of the internal market from the point of view of both the freedom of establishment and the freedom to provide financial services , in the field of credit institutions , while increasing the stability of the banking system and protection for depositors . ### this directive constitutes an essential instrument for the achievement of the internal market from the point of view of both the freedom of establishment and the freedom to provide financial services , in the field of credit institutions , while increasing the stability of the banking system and protection for depositors . in view of the costs to the economy as a whole of the failure of a credit institution and the adverse impact on financial stability and the confidence of depositors , it is desirable not only to make provision for reimbursing depositors but also to create sufficient flexibility to enable deposit guarantee scheme operators to implement prevention and support measures . as in this case the affiliated credit institutions themselves cover the costs of deposit guarantee schemes , appropriate incentives exist to identify problems in member institutions at an early stage and to forestall impending guarantee cases by means of appropriate measures such as conditions concerning restructuring . deposit guarantee schemes which can also take preventive action therefore constitute an important complement to action by the supervisory authorities in day - to - day supervision and in the context of the orderly winding - up of credit institutions . support measures provided by deposit guarantee schemes should , however , always be subject to conditions and their action should always accord with competition law .


### directive 94 / 19 / ec was based on the principle of minimum harmonisation . consequently , a variety of deposit guarantee schemes with very distinct features were established in the union . this caused market distortions for credit institutions and limited the benefits of the internal market for depositors . ### directive 94 / 19 / ec was based on the principle of minimum harmonisation . consequently , a variety of deposit guarantee schemes with very distinct features currently exist in the union . as a result of the formulation of common requirements applicable to deposit guarantee schemes throughout the eu , inter alia with regard to the deposits covered , the coverage level , the target cover , the conditions which apply to the use of funds and the arrangements for payouts , a uniform level of protection is provided for depositors throughout the eu while ensuring the same stability of deposit guarantee schemes . at the same time , this prevents market distortions . the directive therefore contributes to completion of the internal market .


### the directive should enable a level playing field between credit institutions , allow depositors to easily understand the features of deposit guarantee schemes and facilitate a quick repayment to depositors by sound and credible deposit guarantee schemes in the interest of financial stability . therefore , deposit protection should be harmonised and simplified to the largest extent possible . ### the directive should serve to inform depositors about financial products covered and those not covered and shed light on the way in which deposit guarantee schemes function . the possibility of preventing failure of a credit institution by means of appropriate measures adopted by the deposit guarantee scheme operator will protect confidence in financial stability and is in the interests of private depositors , local authorities which are in need of protection and above all smes . consequently , a large part of the adverse consequences of insolvency of a bank , such as the sudden loss of the relationship with a bank , can be avoided . in the event of payment becoming due under a guarantee , the directive will ensure a quick repayment to depositors by sound and credible deposit guarantee schemes .


### member states should not be prevented from establishing systems protecting pensions in general , which should operate separately from deposit guarantee schemes . member states should not be prevented from protecting certain deposits for social reasons or in relation to real estate transactions for private residential purposes . in all cases , state aid rules should be complied with . ### member states should also ensure that deposits resulting from certain transactions are fully covered by the deposit guarantee for a given period . these include deposits in connection with the acquisition or sale of private residential properties . this should also apply to deposits which are protected on certain social grounds defined in domestic law and are connected with life cycle events such as birth , marriage , divorce and particularly provision for old age or which arise from certain insurance benefits or compensation . in all cases , state aid rules should be complied with .


### it is indispensable to harmonize the methods of financing schemes guaranteeing deposits or credit institutions themselves . on the one hand , the cost of financing such schemes should be borne principally by credit institutions themselves ; on the other hand , the financing capacity of such schemes must be proportionate to their liabilities . in order to ensure that depositors in all member states enjoy a similarly high level of protection and that deposit guarantee schemes lend money to each other only if substantial financing efforts have been made by the deposit guarantee scheme concerned , the financing of deposit guarantee schemes should be harmonised at a high level . this , however , should not jeopardize the stability of the banking system of the member state concerned . ### it is indispensable to harmonize the methods of financing schemes guaranteeing deposits or credit institutions themselves . on the one hand , the cost of financing such schemes should be borne , in principle , by credit institutions themselves ; on the other hand , the financing capacity of such schemes must be proportionate to their liabilities . in order to ensure that deposit guarantee schemes in all member states display a similarly high level of stability , a uniform ex ante financial target cover should be stipulated for all deposit guarantee schemes .


### certain depositors should not be eligible for deposit protection , in particular public authorities or other financial institutions . their limited number compared to all other depositors minimises the impact on financial stability in case of a bank failure . authorities also have much easier access to credit than citizens . non - financial businesses should in principle be covered , regardless of their size . ### certain depositors should not be eligible for deposit protection , in particular public authorities or other financial institutions . their limited number compared to all other depositors minimises the impact on financial stability in case of a bank failure . authorities also have much easier access to credit than citizens . however , member states should ensure that the deposits of local authorities which are in need of protection are also covered . non - financial businesses should in principle be covered , regardless of their size .


### 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 .


### information is an essential element in depositor protection . therefore , actual depositors should be informed about their coverage and the responsible scheme on their statements of account and intending depositors by countersigning a standardised information sheet . the content of such information should be identical for all depositors . the unregulated use in advertising of references to the amount and scope of a deposit - guarantee scheme could affect the stability of the banking system or depositor confidence . therefore , a reference to deposit guarantee schemes in advertisements should be limited to a short factual reference . systems which protect the credit institution itself should clearly inform depositors about their function without promising unlimited deposit protection . ### information is an essential element in depositor protection . therefore , actual depositors should be informed about their coverage and the responsible scheme on their statements of account and intending depositors by countersigning a standardised information sheet . the content of such information should be identical for all depositors . the unregulated use in advertising of references to the amount and scope of a deposit - guarantee scheme could affect the stability of the banking system or depositor confidence . therefore , a reference to deposit guarantee schemes in advertisements should be limited to a short factual reference . systems which protect the credit institution itself should inform depositors about their legal entitlement arising from the coverage level provided for in this directive and about how it operates , without promising unlimited deposit protection .


### 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 .


### the commission should be empowered to adopt delegated acts in accordance with article 290 of the treaty on the functioning of the european union in respect of article 5 . ### the commission should be empowered to adopt delegated acts in accordance with article 290 of the treaty on the functioning of the european union in order to adjust the coverage level for the total deposits of the same depositor as laid down in this directive in line with inflation in the european union on the basis of changes in the consumer price index .


### this directive lays down rules concerning the functioning of deposit guarantee schemes . ### this directive lays down rules concerning the functioning of the european scheme for national deposit guarantee schemes intended to provide depositors in the european union with a common safety net offering a high level of protection .


### 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 credit institutions offering deposit services as well as to all deposit guarantee schemes on a statutory or contractual basis and to institutional protection schemes recognised as deposit guarantee schemes .


### institutional protection schemes not recognized under paragraph 3 and not guaranteeing deposits shall not be subject to this directive , except to the second subparagraph of article 14 and the last subparagraph of annex iii . ### protection schemes not recognized under article 3 shall not be subject to this directive , except to the second subparagraph of article 14 and and the last subparagraph of annex iii .


### ' 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 .


### this shall not preclude the merger of schemes of different member states . ### this shall not preclude the establishment of cross - border deposit guarantee schemes by member states or the merger of schemes of different member states by them . in this case approval shall be obtained from the competent national supervisory authorities with the participation of the european banking authority .


### all deposit guarantee schemes referred to in article 1 shall be supervised by the competent authorities on an ongoing basis as to their compliance with this directive . ### all deposit guarantee schemes referred to in article 1 shall be supervised in accordance with the european supervisory system’s existing rules and by the competent authorities on an ongoing basis as to their compliance with this directive .


### 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 , coordinated by the european banking authority , 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 .


### the european banking authority shall periodically conduct peer reviews pursuant to article 15 of the [ eba regulation ] in this regard . deposit guarantee schemes shall be bound to professional secrecy referred to in article 56 of that regulation when exchanging information with the european banking authority . ### the european banking authority shall at least every five years conduct peer reviews pursuant to article 30 of regulation no 1093 / 2010 in this regard . deposit guarantee schemes shall be bound to professional secrecy referred to in article 56 of that regulation when exchanging information with the european banking authority .


### deposits arising out of transactions in connection with which there has been a criminal conviction for money laundering as defined in article 1 of council directive 91 / 308 / eec ### deposits arising out of transactions in connection with which there has been a criminal conviction for money laundering as defined in article 1 of directive 2005 / 60 / ec1 of the european parliament and of the council of 26 october 2005 on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing _____ 1 oj l 309 , 25 . 11 . 05 , p . 15 .


### paragraph 2 shall not prevent member states from maintaining or introducing schemes protecting old - age provision products and pensions , provided that such schemes do not only cover deposits but offer comprehensive coverage for all products and situations relevant in this regard . ### paragraph 1 shall not prevent member states from maintaining or introducing schemes protecting old - age provision products and pensions , provided that such schemes do not only cover deposits but offer comprehensive coverage for all products and situations relevant in this regard .


### 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 euro or in the currency of the member state 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 .


### the commission may adjust the amounts referred to in paragraph 1 in accordance with inflation in the european union on the basis of changes in the harmonised index of consumer prices published by the commission . ### the commission shall adjust at least once each year the amounts referred to in paragraph 1 in accordance with inflation in the european union on the basis of changes in the harmonised index of consumer prices published by the commission .


### the commission may adjust the amounts referred to in paragraph 1 in accordance with inflation in the european union on the basis of changes in the harmonised index of consumer prices published by the commission . that measure , designed to amend non - essential elements of this directive , shall be adopted in accordance with article 16 . ### the commission may adjust the amount referred to in paragraph 1 in accordance with inflation in the european union on the basis of changes in the harmonised index of consumer prices published by the commission , by means of delegated legal acts pursuant to article 16 and subject to the conditions laid down in articles 17 and 18 .


### the reference date for the calculation of the repayable amount shall be the date on which the competent authorities make the determination referred to in article 2 or when the judicial authority makes the ruling referred to in article 2 . liabilities of the depositor against the credit institution shall not be taken into account when calculating the repayable amount . ### the reference date for the calculation of the repayable amount shall be the date on which the competent authorities make the determination referred to in article 2 or when the judicial authority makes the ruling referred to in article 2 . liabilities of the depositor against the credit institution shall not be taken into account when calculating the repayable amount except for liabilities of the depositor which are due on the reference date .


### any correspondence between the deposit guarantee scheme and the depositor shall be drawn up in the official language or languages of the member state in which the guaranteed deposit is located . if a bank operates directly in another member state without having established branches , the information shall be provided in the language that was chosen by the depositor when the account was opened . ### any correspondence between the deposit guarantee scheme and the depositor shall be drawn up in the official eu language used by the banking institution holding the guaranteed deposit when writing to the depositor or , failing this , in the official language or languages of the member state in which the guaranteed deposit is located . if a bank operates directly in another member state without having established branches , the information shall be provided in the language that was chosen by the depositor when the account was opened .


### notwithstanding the time limit laid down in paragraph 1 , where a depositor or any person entitled to or interested in sums held in an account has been charged with an offence arising out of or in relation to money laundering as defined in article 1 of directive 91 / 308 / eec , the deposit guarantee scheme may suspend any payment pending the judgment of the court . ### notwithstanding the time limit laid down in paragraph 1 , where a depositor or any person entitled to or interested in sums held in an account has been charged with an offence arising out of or in relation to money laundering as defined in article 1 of directive 91 / 308 / eec , the deposit guarantee scheme may suspend temporarily any payment in which the depositor is concerned pending the judgment of the court .


### member states shall ensure that the depositor ' s rights to compensation may be the subject of an action by the depositor against the deposit guarantee scheme . ### member states shall ensure that the depositor ' s rights to compensation may be the subject of an individual or joint action by the depositor against the deposit guarantee scheme .


### 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 2 may not exceed as an average throughout the cycle 1% of eligible deposits per calendar year .


### the competent authorities may entirely or partially exempt a credit institution from the obligation referred to in paragraph 2 if the sum of payments referred to in paragraphs 1 and 2 would jeopardize the settlement of claims of other creditors against it . such exemption shall not be granted for a longer period than 6 months but may be renewed on request of the credit institution . ### the competent authorities may temporarily suspend or entirely or partially exempt a credit institution from the obligation referred to in paragraph 2 if the sum of payments referred to in paragraphs 1 and 2 would jeopardize the settlement of claims of other creditors against it . such exemption shall not be granted for a longer period than 6 months but may be renewed on request of the credit institution .


### member states shall ensure that the information referred to in the first subparagraph is published on the web - site of the deposit guarantee schemes at least on an annual basis . ### member states shall ensure that the information referred to in the first subparagraph is published on the website of the deposit guarantee schemes and the european banking authority at least on an annual basis .


### the borrowing scheme shall state the amount of money requested . ### the borrowing scheme shall inform the competent supervisory authority of the amount of money requested ;


### 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 european banking authority shall confirm that the requirements referred to in paragraph 1 have been met , state the amounts to be lent by each scheme as calculated pursuant to paragraph 2 and the initial interest rate pursuant to paragraph 2 as well as the duration of the loan . ### the european banking authority shall confirm that the requirements referred to in paragraphs 1 and 2 have been met .


### 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 .


### 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 .


### member states shall limit the use in advertising of the information referred to in paragraph 1 to a factual reference to the scheme guaranteeing the product to which the advertisement refers . ### member states shall limit the use in advertising of the information referred to in paragraphs 1 , 2 and 3 to a factual reference to the scheme guaranteeing the product to which the advertisement refers .


### if a depositor uses internet banking , the information required to be disclosed by this directive shall be communicated by electronic means in a way that brings it to the attention of the depositor . ### if a depositor uses internet banking , the information required to be disclosed by this directive shall be communicated by suitable means in a way that brings it to the attention of the depositor .


### the delegation of power referred to in article 16 may be revoked at any time by the european parliament or by the council . ### the delegation of power referred to in article 5 may be revoked at any time by the european parliament or by the council .


### the institution which has commenced an internal procedure for deciding whether to revoke the delegation of power shall endeavour to inform the other institution and the commission within a reasonable time before the final decision is taken , indicating the delegated powers which could be subject to revocation and possible reasons for a revocation . ### the institution which has commenced an internal procedure for deciding whether to revoke the delegation of power shall endeavour to inform the other institution and the commission within a reasonable time before the final decision is taken , indicating the delegated power , which could be subject to revocation .


### the decision of revocation shall put an end to the delegation of the powers specified in that decision . it shall take effect immediately or at a later date specified therein . it shall not affect the validity of the delegated acts already in force . it shall be published in the official journal of the european union . ### the decision of revocation shall put an end to the delegation of the power specified in that decision . it shall take effect immediately or at a later date specified therein . it shall not affect the validity of the delegated acts already in force . it shall be published in the official journal of the european union .


### 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 .


### member states shall bring into force the laws , regulations and administrative provisions necessary to comply with articles 1 , 2 , , , , - , 2 , 3 , 3 , 3 - 3 , 4 - , 5 - 5 , 6 - 6 , 7 - , 8 - , 9 - 11 , 12 , 13 - , 14 - , 14 - , 19 and annex i - iii by 31 december 2012 at the latest . they shall forthwith communicate to the commission the text of those provisions and a correlation table between those provisions and this directive . ### member states shall bring into force the laws , regulations and administrative provisions necessary to comply with the provisions of this directive by 31 december 2012 at the latest . they shall forthwith communicate to the commission the text of those provisions and a correlation table between the provisions and this directive .


### member states shall determine supplementary indicators for calculating risk - based contributions . some or all of the following indicators may be used for this purpose : ### some or all of the following indicators may also be used to calculate risk - based contributions :


### this repayment covers at maximum eur 100 000 per bank . this means that all deposits at the same bank are aggregated in order to determine the coverage level . if , for instance a depositor holds a savings account with eur 90 000 and a current account with eur 20 000 , he or she will only be repaid eur 100 000 . ### this repayment covers at maximum eur 100 000 per bank . this means that all deposits at the same bank are added up in order to determine the coverage level . if , for instance a depositor holds a savings account with eur 90 000 and a current account with eur 40 000 , he or she will only be repaid eur 100 000 .


### if you have not been repaid within these deadlines , you should take contact with the deposit guarantee scheme since the time to claim reimbursement may be barred after a certain time limit . further information can be obtained under [ insert web site of the responsible dgs ] . ### if you have not been repaid within the above deadlines , you should take contact with the deposit guarantee scheme since the time to claim reimbursement may be barred after a certain time limit . further information can be obtained under [ insert web site of the responsible dgs ] .


### [ 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 .


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


### ‘ roadworthiness test’ means a verification that the parts and components of a vehicle comply with its safety and environmental characteristics in force at the time of approval , first registration or entry into service , as well as at the time of retrofitting ; ### ‘ roadworthiness test’ means a verification that the parts and components of a vehicle are in correct working order . it tests whether these comply with its safety and environmental characteristics in force at the time of approval , first registration or entry into service , as well as at the time of retrofitting ; it does not include a comprehensive inspection of the type approval of replacement parts ;


### vehicle manufacturers shall provide the testing centres or , when relevant , the competent authority , with access to the technical information necessary for roadworthiness testing , as set out in annex i . the commission shall adopt detailed rules concerning the procedures on access to the technical information set out in annex i in accordance with the examination procedure referred to in article 16 . ### vehicle manufacturers shall provide the testing centres or , when relevant , the competent authority , as well as workshops and manufacturers of testing equipment and all stakeholders with non - discriminatory access to the technical information necessary for roadworthiness testing , as set out in annex i . the commission shall adopt detailed rules concerning the procedures on access to the technical information set out in annex i in accordance with the examination procedure referred to in article 16 .


### for each area referred to in paragraph 1 , the competent authorities of the member state or the testing centre shall carry out a roadworthiness test covering at least the items and using the method applicable to the testing of those items , as set out in annex ii , point 3 . ### for each area referred to in paragraph 1 , the competent authorities of the member state or the testing centre shall carry out a roadworthiness test covering at least the items set out in annex ii , point 3 . the aim shall be exclusively to test the functioning of the vehicle . objections may be raised about components and replacement parts which are not approved for the vehicle in question and which noticeably impair its safety and / or environmental characteristics . the testing methods applicable to these items set out in annex ii , point 3 shall be used .


### roadworthiness tests shall be carried out by inspectors fulfilling the minimum competence and training requirements laid down in annex vi . ### roadworthiness tests shall be carried out by inspectors fulfilling the minimum competence and training requirements laid down in annex vi . member states applying more stringent requirements shall be allowed to maintain these .


### when carrying out a roadworthiness test , the inspector shall be free of any conflict of interests , in particular as regards economic , personal or family links with the holder of the registration certificate of the vehicle subject to testing . ### when carrying out a roadworthiness test , the inspector shall be free of any conflict of interests , in particular as regards economic , personal or family links with the holder of the registration certificate of the vehicle subject to testing . this requires relevant certification standards , using the applicable iso standard , for example .


### the commission shall examine the feasibility , costs and benefits of the establishment of an electronic vehicle information platform with a view to exchange information on data related to roadworthiness testing between the competent authorities of member states responsible for testing , registration and vehicle approval , the testing centres and the vehicle manufacturers . ### the commission shall examine the feasibility , costs and benefits of the establishment of an electronic vehicle information platform with a view to exchange information on data related to roadworthiness testing between the competent authorities of member states responsible for testing , registration and vehicle approval , the testing centres and the vehicle manufacturers . the aim of this shall be to provide all stakeholders with non - discriminatory access to vehicle information .


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


### operations such as cross - border mergers or transfers of registered office have made day - to - day cooperation of business registers a necessity . directive 2005 / 56 / ec of the european parliament and of the council of 26 october 2005 on cross - border mergers of limited liability companies23 requires the registers to cooperate across borders . there are , however , no established channels of communication that could accelerate procedures , help overcome the language problems and enhance legal certainty . ### operations such as cross - border mergers or transfers of registered office have made day - to - day cooperation of business registers a necessity . directive 2005 / 56 / ec of the european parliament and of the council of 26 october 2005 on cross - border mergers of limited liability companies23 requires the registers to cooperate across borders . there are , however , no established channels of communication and efficient cross - border cooperation that could accelerate procedures , help overcome the language problems and enhance legal certainty and transparency .


### the registry for the registration of the company resulting from the cross - border merger shall notify , without delay , through the electronic network referred to in article 4a of directive 2009 / 101 / ec , the registry in which each of the companies was required to file documents that the cross - border merger has taken effect . deletion of the old registration , if applicable , shall be effected on receipt of that notification , but not before . ### the registry for the registration of the company resulting from the cross - border merger 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 , the registry in which each of the companies was required to file documents that the cross - border merger has taken effect . deletion of the old registration , if applicable , shall be effected on receipt of that notification , but not before .


### the register of the company shall notify , without delay , through the electronic network the register of its branch about any changes in the documents and particulars listed in article 2 of directive 89 / 666 / eec . ### the register of the company shall notify , without delay and in any case within 10 working days at the latest , through the electronic network the register of its branch about any changes in the documents and particulars listed in article 2 of directive 89 / 666 / eec .


### without prejudice to paragraphs 1 , 2 and 3 , cooperation agreements with third countries and with international organisations , contracts , grant agreements and grant decisions , resulting from the implementation of this programme shall contain provisions expressly empowering the commission , the court of auditors and olaf to conduct such audits and investigations , according to their respective competences . ### without prejudice to paragraphs 1 , 2 and 3 , cooperation agreements with third countries and with international organisations , contracts , grant agreements and grant decisions , resulting from the implementation of this programme shall contain provisions expressly empowering the commission , the court of auditors and olaf to conduct such audits and investigations , according to their respective competences . the european parliament shall be informed about the results of these audits and investigations .


### 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 .


### for the purposes of paragraph 1 , the marketing authorisation holder shall submit to the agency a mock - up of the information to be disseminated . ### for the purposes of paragraph 1 , the marketing authorisation holder shall submit to the agency a mock - up of the information to be made available .


### therefore rules should be introduced to mandate the obligation to meet reasonable requests for wholesale access to public mobile communications networks for the purpose of providing roaming services . such requests should only be refused on the basis of objective and duly substantiated criteria , which should be determined on a case by case basis by the national regulatory authorities following the dispute resolution procedure referred to in article 17 . in order to ensure a level playing field , wholesale access for the purpose of providing roaming services should be granted in accordance with the regulatory obligations laid down in this regulation applicable at the wholesale level and should take into account the different cost elements necessary for the provision of such access . a consistent regulatory approach to the wholesale access for the provision of roaming services would avoid distortions between member states . ### therefore rules should be introduced to mandate the obligation to meet reasonable requests , at non - discriminatory conditions , for wholesale access to public mobile communications networks for the purpose of providing roaming services , also by way of derogation from directives 2002 / 21 / ec and 2002 / 19 / ec . such requests should only be refused on the basis of objective and duly substantiated criteria , which should be determined on a case by case basis by the national regulatory authorities following the dispute resolution procedure referred to in article 17 . in order to ensure a level playing field , wholesale access for the purpose of providing roaming services should be granted in accordance with the regulatory obligations laid down in this regulation applicable at the wholesale level and should take into account the different cost elements necessary for the provision of such access . a consistent regulatory approach to the wholesale access for the provision of roaming services would avoid distortions between member states .


### during the transitional period of safeguard caps , new roaming customers should be fully informed of the range of tariffs that exist for roaming within the union , including the tariffs which are compliant with the transitory eurotariff . existing roaming customers should be given the opportunity to choose a new tariff compliant with the transitory eurotariff or any other roaming tariff within a certain time frame . for existing roaming customers who have not made their choice within this time - frame , it is appropriate to distinguish between those who had already opted for a specific roaming tariff or package before the entry into force of this regulation and those who had not . the latter should be automatically accorded a tariff that complies with this regulation . roaming customers who already benefit from specific roaming tariffs or packages which suit their individual requirements and which they have chosen on that basis should remain on their previously selected tariff or package if , after having been reminded of their current tariff conditions , they fail to express a choice within the relevant time period . such specific roaming tariffs or packages could include , for example , roaming flat - rates , non - public tariffs , tariffs with additional fixed roaming charges , tariffs with per - minute charges lower than the maximum eurotariff or tariffs with set - up charges . ### during the transitional period of safeguard caps , new roaming customers should be fully and actively informed of the range of tariffs that exist for roaming within the union , including the tariffs which are compliant with the transitory eurotariff . existing roaming customers should be given the opportunity to choose a new tariff compliant with the transitory eurotariff or any other roaming tariff within a certain time frame . for existing roaming customers who have not made their choice within this time - frame , it is appropriate to distinguish between those who had already opted for a specific roaming tariff or package before the entry into force of this regulation and those who had not . the latter should be automatically accorded a tariff that complies with this regulation . roaming customers who already benefit from specific roaming tariffs or packages which suit their individual requirements and which they have chosen on that basis should remain on their previously selected tariff or package if , after having been reminded of their current tariff conditions , they fail to express a choice within the relevant time period . such specific roaming tariffs or packages could include , for example , roaming flat - rates , non - public tariffs , tariffs with additional fixed roaming charges , tariffs with per - minute charges lower than the maximum eurotariff or tariffs with set - up charges .


### in order to improve the transparency of retail prices for making and receiving regulated roaming calls within the union and to help roaming customers make decisions on the use of their mobile telephones while abroad , providers of mobile telephony services should enable their roaming customers easily to obtain information free of charge on the roaming charges applicable to them when making or receiving voice calls in a visited member state . moreover , providers should give their customers , on request and free of charge , additional information on the per - minute or per - unit data charges for the making or receiving of voice calls and also for the sending and receiving of sms , mms and other data communication services in the visited member state . since certain customer groups might be well informed about roaming charges operators should provide a possibility to easily opt - out from this automatic message service . ### in order to improve the transparency of retail prices for making and receiving regulated roaming calls within the union and to help roaming customers make decisions on the use of their mobile telephones while abroad , providers of mobile telephony services should supply their roaming customers with information free of charge on the roaming charges applicable to them when making or receiving voice calls in a visited member state . moreover , providers should actively give their customers , free of charge , additional information on the per - minute or per - unit data charges for the making or receiving of voice calls and also for the sending and receiving of sms , mms and other data communication services in the visited member state . since certain customer groups might be well informed about roaming charges operators should provide a possibility to easily opt - out from this automatic message service .


### in order to facilitate customers’ understanding of the financial consequences of the use of regulated data roaming services and to permit them to monitor and control their expenditure , the home provider should give examples for data roaming applications , such as e - mail , picture and web - browsing , by indicating their approximate size in terms of data usage . ### in order to facilitate customers’ understanding of the financial consequences of the use of regulated data roaming services and to permit them to monitor and control their expenditure , the home provider should give examples for data roaming applications , such as e - mail , picture and web - browsing , by indicating their approximate size in terms of data usage . customers should also be able to access data on their roaming usage that is updated at least daily . this could be done by means of a website , a telephone service or a program on the mobile device .


### this regulation also lays down rules aimed at increasing price transparency and improving the provision of information on charges to users of union - wide roaming services . ### this regulation also lays down rules aimed at increasing price transparency and improving the provision of information on charges to users of roaming services both within and outside the union .


### with effect from 1 july 2014 , home providers shall inform all their roaming customers of the possibility to unsubscribe from their existing roaming services and to opt for roaming services from an alternative roaming provider . the roaming customers shall be given a period of two months within which to make their choice known to their home provider . roaming customers who have not expressed their choice within that period shall have the right to opt for an alternative roaming provider at any moment , in line with paragraphs 3 and 4 . ### with effect from 1 january 2014 , home providers shall inform all their roaming customers of the possibility to unsubscribe from their existing roaming services and to opt for roaming services from an alternative virtual roaming provider , and from 1 january 2015 from any alternative virtual roaming provider . the roaming customers shall be given a period of two months within which to make their choice known to their home provider . roaming customers who have not expressed their choice within that period shall have the right to opt for an alternative roaming provider at any moment , in line with paragraphs 3 and 4 .


### berec , after consulting stakeholders and in close co - operation with the commission , shall lay down , within a reasonable period of time not exceeding three months after the adoption of this regulation , guidelines with regard to harmonised technical solutions relating to the facility for separate roaming services and to harmonised procedures to change the provider of roaming services . upon a reasoned request from the berec , the commission may extend that period . ### berec , after consulting stakeholders and in close co - operation with the commission , shall lay down , within a reasonable period of time not exceeding three months after the adoption of this regulation , guidelines with regard to harmonised technical solutions relating to the facility for separate roaming services and to harmonised procedures to change the provider of roaming services . the harmonised technical solutions shall meet the requirements set out in paragraph 1 . upon a reasoned request from the berec , the commission may extend that period .


### 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 may vary for any roaming sms message but shall not exceed eur 0 , 07 . the price ceiling shall decrease to eur 0 , 06 on 1 july 2013 and to eur 0 , 05 on 1 july 2014 . without prejudice to articles 13 and 19 , the regulated maximum retail charge for the euro - sms tariff shall remain at eur 0 , 05 until 30 june 2016 .


### 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 .


### 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 is at least 18 years old and 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 .


### in addition to paragraph 1 , customers shall have the right to request and receive , free of charge , and irrespective of their location within the union , more detailed personalised pricing information on the roaming charges that apply in the visited network to voice calls , sms , mms and other data communication services , and information on the transparency measures applicable by virtue of this regulation , by means of a mobile voice call or by sms . such a request shall be to a free - of - charge number designated for this purpose by the home provider . obligations provided for in paragraph 1 shall not apply to machine to machine type of devices that use mobile communication . ### in addition to paragraph 1 , customers shall have the right to request and receive , free of charge , and irrespective of their location , more detailed personalised pricing information on the roaming charges that apply in the visited network to voice calls , sms , mms and other data communication services , and information on the transparency measures applicable by virtue of this regulation , by means of a mobile voice call or by sms . such a request shall be to a free - of - charge number designated for this purpose by the home provider . obligations provided for in paragraph 1 shall not apply to machine to machine type of devices that use mobile communication .


### in addition to paragraph 1 , customers shall have the right to request and receive , free of charge , and irrespective of their location within the union , more detailed personalised pricing information on the roaming charges that apply in the visited network to voice calls , sms , mms and other data communication services , and information on the transparency measures applicable by virtue of this regulation , by means of a mobile voice call or by sms . such a request shall be to a free - of - charge number designated for this purpose by the home provider . obligations provided for in paragraph 1 shall not apply to machine to machine type of devices that use mobile communication . ### in addition to paragraph 1 , customers shall receive , free of charge , and irrespective of their location within the union , more detailed personalised pricing information on the roaming charges that apply in the visited network to voice calls , sms , mms and other data communication services , and information on the transparency measures applicable by virtue of this regulation , by means of a mobile voice call or by sms . such a request shall be to a free - of - charge number designated for this purpose by the home provider . obligations provided for in paragraph 1 shall not apply to machine to machine type of devices that use mobile communication .


### 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&#160 ; 2 and&#160 ; 3 . &#160 ; the safeguard mechanisms referred to in paragraph 3 shall not apply to pre - paid customers . &#160 ; ### 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 , both inside and outside the union , 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&#160 ; 2 and&#160 ; 3 . &#160 ; the safeguard mechanisms referred to in paragraph 3 shall not apply to pre - paid customers that use pre - paid services without automatic top - ups . &#160 ;


### 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 who is at least 18 years old has notified his home provider that he does not require this information .


### each home provider shall also ensure that an appropriate notification is sent 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 , when the data roaming services have reached 80 % of the agreed financial or volume limit . customers shall have the right to require their operators to stop sending such notifications and shall have the right at any time and free of charge to require the home provider to provide the service again . ### each home provider shall also ensure that an appropriate notification is sent 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 , when the data roaming services have reached 50% and 80 % of the agreed financial or volume limit . customers who are at least 18 years old shall have the right to require their operators to stop sending such notifications and shall have the right at any time and free of charge to require the home provider to provide the service again .


### member states shall lay down the rules on penalties applicable to infringements of this regulation and shall take all measures necessary to ensure that they are implemented . the penalties provided for must be effective , proportionate and dissuasive . member states shall notify those provisions to the commission no later than 30 march 2012 and shall notify it without delay of any subsequent amendment affecting them . ### member states shall lay down the rules on penalties applicable to infringements of this regulation and shall take all measures necessary to ensure that they are implemented . the penalties provided for must be effective , proportionate and dissuasive . they shall include an obligation to compensate subscribers when providers delay or hinder a subscriber ' s switch to an alternative roaming provider . member states shall notify those provisions to the commission no later than 30 march 2012 and shall notify it without delay of any subsequent amendment affecting them .