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


### the provisions of this regulation are without prejudice to the powers of the commission , in particular under article 226 of the treaty to ensure compliance with community law . ### the provisions of this regulation are without prejudice to the powers of the commission , in particular under article 258 of the treaty on the functioning of the european union to ensure compliance with union law .


### ' financial institutions ' means insurance undertakings as defined in directive 98 / 78 / ec , reinsurance undertakings as defined in directive 2005 / 68 / ec and institutions for occupational retirement provision covered by directive 2003 / 41 / ec , and ' financial conglomerates ' as defined in directive&#160 ; 2002 / 87 / ec ; ### ' financial institutions ' means undertakings whose main business is to take deposits , grant credits , provide insurance services or other financial services to its clients or members or engage in financial investment or trading activities on its own account , and other undertakings or entities operating in the union whose business is of a similar nature , even if they have no direct dealings with the public at large ;


### the authority shall have the following tasks : ### in order to ensure an effective and consistent union supervision of financial institutions the authority shall have the following tasks :


### contribute to the establishment of high quality common regulatory and supervisory standards and practices , in particular by providing opinions to the community institutions and by developing guidelines , recommendations , and draft technical standards which shall be based on the legislation referred to in article 1 ; ### contribute to the establishment of high quality common regulatory and supervisory standards and practices , in particular by providing opinions to the union institutions and by developing guidelines , recommendations , and draft technical standards which shall be based on this regulation and the legislation referred to in article 1 ;


### facilitate the delegation of tasks and responsibilities between national supervisory authorities ; ### stimulate and facilitate the delegation of tasks and responsibilities between competent authorities ;


### conduct peer review analysis of national supervisory authorities , to strengthen consistency in supervisory outcomes ; ### organise and conduct peer review analysis of competent authorities , to strengthen consistency in supervisory outcomes ;


### the authority may develop technical standards in the areas specifically set out in the legislation referred to in article 1 . the authority shall submit its draft standards to the commission for endorsement . ### the authority shall develop technical standards in the areas specifically set out in the present regulation and in the legislation referred to in article 1 or on the commission ' s request . technical standards shall not include policy choices and shall reflect the principle of proportionality . the authority shall submit its draft technical standards to the commission for adoption as delegated acts or endorsement as implementing acts in accordance with this regulation and with the legislation referred to in article 1 . the draft standards shall be transmitted at the same time to the european parliament and the council .


### within three months of receipt of the draft standards , the commission shall decide whether to endorse the draft standards . the commission may extend that period by one month . the commission may endorse the draft standards only in part or with amendments where the community interest so requires . ### within three months of receipt of the draft technical standards , the commission shall endorse the draft supervisory standards if they comply with union legislation . within the same period , the commission may adopt the draft technical standards with amendments where they were drawn up as regulatory standards . in both cases , the commission may extend that period by one month .


### the authority shall , with a view to establishing consistent , efficient and effective supervisory practices within the esfs , and to ensuring the common , uniform and consistent application of community legislation , issue guidelines and recommendations addressed to national supervisory authorities or financial institutions . ### the authority shall , with a view to establishing consistent , efficient and effective supervisory practices within the esfs , and to ensuring the common , uniform and consistent application of union legislation , issue guidelines and recommendations addressed to national supervisory authorities or financial institutions . where the authority is empowered by legislation to develop technical standards in accordance with article 7 , it shall issue guidelines and recommendations only after the standards have been adopted .


### the authority shall , with a view to establishing consistent , efficient and effective supervisory practices within the esfs , and to ensuring the common , uniform and consistent application of community legislation , issue guidelines and recommendations addressed to national supervisory authorities or financial institutions . the national supervisory authorities shall make every effort to comply with those guidelines and recommendations . where the national supervisory authority does not apply those guidelines or recommendations it shall inform the authority of its reasons . ### the authority shall , with a view to establishing consistent , efficient and effective supervisory practices within the esfs , and to ensuring the common , uniform and consistent application of union legislation , issue guidelines and recommendations addressed to competent authorities or financial institutions . the authority shall conduct open public consultations on guidelines and recommendations and analyse the potential related costs and benefits . the guidelines shall be published on the authority ' s website . the competent authorities shall make every effort to comply with those guidelines and recommendations . where a competent authority does not apply those guidelines or recommendations it shall inform the authority of its reasons . the authority shall publish those reasons , giving the competent authority due notice of its intention to do so .


### where a national supervisory authority has not correctly applied the legislation referred to in article 1 , in particular by failing to ensure that a financial institution satisfies the requirements laid down in that legislation , the authority shall have the powers set out in paragraphs 2 , 3 and 6 of this article . ### where a competent authority has not applied the legally binding acts and legislation referred to in article 1 or has applied them in a manner that appears to be in breach of union law , in particular by failing to ensure that a financial institution satisfies the requirements laid down in that legislation , the authority shall have the powers set out in paragraphs 2 , 3 and 6 of this article .


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


### the authority shall set a time limit for conciliation between the national supervisory authorities taking into account any relevant time periods specified in the legislation referred to in article 1 and the complexity and urgency of the matter . ### the authority shall set a time limit for conciliation between the national supervisory authorities taking into account any relevant time periods specified in the legislation referred to in article 1 and the complexity and urgency of the matter . at that stage the authority shall act as a mediator .


### national supervisory authorities may , by bilateral agreement , delegate tasks and responsibilities to other national supervisory authorities . ### competent authorities may , by agreement , delegate tasks and responsibilities to other competent authorities .


### the authority shall facilitate the delegation of tasks and responsibilities between national supervisory authorities by identifying those tasks and responsibilities that can be delegated or jointly exercised and by promoting best practices . ### the authority shall facilitate the delegation of tasks and responsibilities between national supervisory authorities by identifying those tasks and responsibilities that can be delegated or jointly exercised and by promoting best practices and by preparing appropriate multilateral frameworks .


### the authority shall facilitate the delegation of tasks and responsibilities between national supervisory authorities by identifying those tasks and responsibilities that can be delegated or jointly exercised and by promoting best practices . ### the authority shall stimulate and facilitate the delegation of tasks and responsibilities between national supervisory authorities by identifying those tasks and responsibilities that can be delegated or jointly exercised and by promoting best practices .


### the authority shall publish any delegation agreement as concluded by the national supervisory authorities by appropriate means , in order to ensure that all parties concerned are informed appropriately . ### the authority shall publish any delegation agreement as concluded by the national supervisory authorities by appropriate means , in order to ensure that all parties concerned are informed appropriately . those agreements shall refer to the respective responsibility of the competent authorities involved .


### contribute to developing high quality and uniform supervisory standards , including reporting standards ; ### contribute advice to the appropriate union and international bodies to help facilitate the development of high quality and uniform supervisory standards , including reporting and accounting standards ;


### review the application of the relevant technical standards adopted by the commission , guidelines and recommendations issued by the authority and propose amendments where appropriate ; ### review the application of the relevant standards adopted or endorsed by the commission , guidelines and recommendations issued by the authority and propose amendments where appropriate ;


### the authority shall periodically conduct peer review analyses of some or all of the activities of national supervisory authorities , to further enhance consistency in supervisory outcomes . to this end , the authority shall develop methods to allow for objective assessment and comparison between the authorities reviewed . ### the authority shall periodically organise and conduct peer review analyses of some or all of the activities of national supervisory authorities , to further enhance consistency in supervisory outcomes . to this end , the authority shall develop methods to allow for objective assessment and comparison between the authorities reviewed .


### the adequacy of institutional arrangements , resourcing and staff expertise of the national supervisory authority , with particular regard to the effective application of the legislation referred to in article 1 and to the capacity to respond to market developments ; ### the adequacy of resources and governance arrangements of the national supervisory authority , with particular regard to the effective application of the standards and legislation referred to in article 1 and to the capacity to respond to market developments ;


### the degree of convergence reached in the application of community law and in supervisory practice , including technical standards , guidelines and recommendations adopted under articles 7 and 8 , and the extent to which the supervisory practice achieves the objectives set out in community law ; ### the degree of convergence reached in the application of union law and in supervisory practice , including regulatory and supervisory technical standards , guidelines and recommendations adopted under articles 7 and 8 , and the extent to which the supervisory practice achieves the objectives set out in union law ;


### the authority shall promote a coordinated community response , inter alia by : ### the authority shall promote a coordinated and consolidated union response , inter alia by :


### the authority shall monitor and assess market developments in the area of its competence and , where necessary , inform the european banking authority , the european securities and markets authority , the esrb , the european parliament , the council and the commission about the relevant micro - prudential trends , potential risks and vulnerabilities . ### the authority shall monitor and assess market developments in the area of its competence and , where necessary , inform the european supervisory authority , the european supervisory authority , the esrb , the european parliament , the council and the commission about the relevant micro - prudential trends , potential risks and vulnerabilities .


### in particular , the authority shall , in cooperation with the esrb , initiate and coordinate community - wide assessments of the resilience of financial institutions to adverse market developments . to that end , it shall develop the following , for application by the national supervisory authorities : ### the authority shall include in its analysis an economic analysis of the markets for insurance and occupational pensions , and the impact of potential market developments on them . in particular , the authority shall , in cooperation with the esrb , initiate and coordinate union - wide assessments of the resilience of financial institutions to adverse market developments . to that end , it shall develop the following , for application by the national supervisory authorities :


### the authority shall ensure an adequate coverage of cross - sectoral developments , risks and vulnerabilities by closely cooperating with the european banking authority and the european securities and markets authority . ### the authority shall ensure an adequate coverage of cross - sectoral developments , risks and vulnerabilities by closely cooperating with the european banking authority and the european securities and markets authority through the european supervisory authority .


### without prejudice to the competences of the community institutions , the authority may develop contacts with supervisory authorities from third countries . it may enter into administrative arrangements with international organisations and the administrations of third countries . the authority shall assist in preparing equivalence decisions pertaining to supervisory regimes in third countries in accordance with the legislation referred to in article 1 . ### without prejudice to the competences of the union institutions , the authority may develop contacts with supervisory authorities , international organisations and the administrative bodies of third countries . such arrangements shall create no legal obligations on the part of the union or its member states .


### with regard to prudential assessments of mergers and acquisitions falling under the terms of directive 2007 / 44 / ec , the authority may , on its own initiative or on application of any national supervisory authorities , issue and publish an opinion on a prudential assessment to be carried out by any authority of a member state . article 20 shall apply . ### with regard to prudential assessments of mergers and acquisitions falling under the terms of directive 2007 / 44 / ec , the authority may , on its own initiative or on application of any national supervisory authorities , monitor the assessments and provide guidance with a view to streamline and provide a level playing field , and issue and publish an opinion on a prudential assessment to be carried out by any authority of a member state . . article 20 shall apply .


### at the request of the authority , national supervisory authorities and other public authorities of the member states shall provide the authority with all the necessary information to carry out the duties assigned to it by this regulation . the authority may also request information to be provided at recurring intervals . ### at the request of the authority , the competent authorities of the member states shall provide the authority with all the necessary information to carry out the duties assigned to it by this regulation , fully respecting the applicable confidentiality and data protection provisions laid down in the relevant union law . the authority may also request information to be provided at recurring intervals . any such request shall , where possible , use a common reporting format .


### the european insurance and occupational pensions authority shall co - operate with the esrb . ### the authority shall co - operate with the esrb .


### 2 the authority shall cooperate closely with the esrb . it shall provide the esrb with regular and up - to - date information necessary for the achievement of its tasks . any data necessary for the achievement of its tasks that are not in summary or collective form shall be provided without delay to the esrb upon a reasoned request , as specified in article [ 15 ] of regulation no … . / … [ esrb ] . ### 2 the authority shall cooperate closely with the esrb . it shall provide the esrb with regular and up - to - date information necessary for the achievement of its tasks . any data necessary for the achievement of its tasks that are not in summary or collective form shall be provided without delay to the esrb upon a reasoned request , as specified in article [ 15 ] of regulation no … . / … [ esrb ] . the authority shall develop an adequate protocol for the disclosure of confidential information regarding individual financial institutions .


### members of the insurance , reinsurance and occupational pension funds stakeholder group shall serve for a period of two and a half years , following which a new selection procedure shall take place . ### members of the insurance , reinsurance and occupational pension funds stakeholder group shall serve for a period of five years , following which a new selection procedure shall take place .


### the insurance , reinsurance and occupational pension funds stakeholder group shall adopt its rules of procedure ### the insurance , reinsurance and occupational pension funds stakeholder group shall adopt its rules of procedure on the basis of the agreement of a two - thirds majority of members .


### the authority shall ensure that no decision adopted under articles 10 or 11 impinges in any way on the fiscal responsibilities of member states . ### the authority shall ensure that the insurance and occupational pensions sector internalise , with a cyclical perspective , its costs and that no decision adopted under articles 10 or 11 impinges in any direct way on the fiscal responsibilities of member states .


### the authority shall ensure that no decision adopted under articles 10 or 11 impinges in any way on the fiscal responsibilities of member states . ### the authority shall ensure that no decision adopted under articles 10 impinges in any way on the fiscal responsibilities of member states .


### the authority shall ensure that no decision adopted under articles 10 or 11 impinges in any way on the fiscal responsibilities of member states . ### the authority shall ensure that no decision adopted under article 10 or 11 impinges directly on the fiscal responsibilities of member states .


### before taking the decisions provided for in article 9 , article 10 and and article 11 and , the authority shall inform the addressee of its intention to adopt the decision , setting a time limit within which the addressee may express its views on the matter , taking full account of the urgency of the matter . ### before taking the decisions provided for in this regulation , the authority shall inform the addressee of its intention to adopt the decision , setting a time limit within which the addressee may express its views on the matter , taking full account of the urgency , complexity and potential consequences of the matter .


### the chairperson , who shall be non - voting ; ### the chairperson , with a casting vote ;


### the head of the relevant national supervisory authority competent for the supervision of financial institutions in each member state . if there is more than one competent authority in a member state , the authorities shall agree on one of the heads to be the representative on the board of supervisors ; ### the head of the relevant national supervisory authority competent for the supervision of financial institutions in each member state . where there is more than one competent authority in the territory for which the member state is responsible for the application of eu law , the heads of those organisations shall be joint representatives on the board of supervisors and shall decide between themselves how to exercise their representation , including any votes under article 29 , which shall be shared ;


### for the purposes of article 11 , the board of supervisors shall convoke a panel to facilitate the settlement of the disagreement , consisting of the chairperson and two of its members , who are not representatives of the national supervisory authorities which are parties to the disagreement . ### for the purposes of article 11 , the chairperson shall convoke a panel to facilitate the settlement of the disagreement , consisting of the chairperson and two of its members , who are not representatives of the national supervisory authorities which are parties to the disagreement .


### when carrying out the tasks conferred upon it by this regulation , the chairperson and the voting members of the board of supervisors shall act independently and objectively in the community interest and shall neither seek nor take instructions from community institutions or bodies , from a government of a member state or from any other public or private body . ### when carrying out the tasks conferred upon it by this regulation , the chairperson and the voting members of the board of supervisors shall act independently and objectively in the union interest as a whole and shall neither seek nor take instructions from union institutions or bodies , from a government of a member state or from any other public or private body .


### the management board shall be composed of the chairperson , a representative of the commission , and four members elected by the board of supervisors from among its members . ### the management board shall be composed of six members : the chairperson , a representative of the commission , and four members elected by the board of supervisors from among its voting members .


### decisions by the management board shall be adopted on the basis of a majority of the members present . each member shall have one vote . ### decisions by the management board shall be adopted on the basis of a majority of the members elected by the board of supervisors present . each of those members shall have one vote .


### it shall meet at least bi - annually in ordinary session . ### it shall meet at least preceding every board of supervisors meeting and as often as it deems necessary .


### the chairperson shall be appointed by the board of supervisors on the basis of merit , skills , knowledge of financial institutions and markets , and experience relevant to financial supervision and regulation , following an open selection procedure . before appointment , the candidate selected by the board of supervisors shall be subject to confirmation by the european parliament . the board of supervisors shall also elect from among its members an alternate who shall carry out the functions of the chairperson in his absence . ### the chairperson and the vice - chair shall be appointed by the board of supervisors on the basis of merit , skills , knowledge of financial institutions and markets , and experience relevant to financial supervision and regulation , following an open selection procedure . before appointment , the candidates selected by the board of supervisors shall be subject to confirmation by the european parliament . in the absence of the chairperson and the vice - chair , the board of supervisors shall elect from among its members a temporary substitute who shall carry out the functions of the chairperson or the vice - chair in their absence .


### the board of supervisors shall also elect from among its members an alternate who shall carry out the functions of the chairperson in his absence . ### the board of supervisors shall also elect from among its members an alternate who shall carry out the functions of the chairperson in his absence . that alternate shall not be a member of the management board .


### the joint committee shall serve as a forum in which the authority shall cooperate regularly and closely and ensure cross - sectoral consistency with the european banking authority and the european securities and markets authority . ### the joint committee shall serve as overarching structure of the esfs in which the authority shall cooperate regularly and closely and ensure cross - sectoral consistency with the european banking authority and the european securities and markets authority


### the joint committee shall be composed of the chairperson and the chairpersons of the european banking authority and the european securities and markets authority , and , where applicable , the chairperson of a sub - committee established under article 43 . ### the joint committee shall have a board composed of the chairpersons of the european supervisory authorities , and , where applicable , the chairperson of a sub - committee established under article 43 .


### the executive director , the commission and the esrb shall be invited to the meetings of the joint committee of european supervisory authorities as well as the sub - committees mentioned in article 43 as observers . ### the executive director , a representative of the commission and the esrb shall be invited to the meetings of the board of the joint committee as well as the sub - committees mentioned in article 43 as observers .


### the chair of the joint committee of european supervisory authorities shall be appointed on an annual rotational basis from among the chairpersons of the european banking authority , the european insurance and occupational pensions authority and the european securities and markets authority . ### the chair of the joint committee shall be appointed on an annual rotational basis from among the chairpersons of the european banking authority , the european insurance and occupational pensions authority and the european securities and markets authority . the chairperson of the joint committee shall be a vice - chair of the european systemic risk board .


### the joint committee of european supervisory authorities shall adopt and publish its own rules of procedure . the rules may specify further participants of the meetings of the joint committee . ### the joint committee shall adopt and publish its own rules of procedure . the rules may specify further participants of the meetings of the joint committee .


### the joint committee of european supervisory authorities shall meet at least once every two months . ### the board of the joint committee of european supervisory authorities shall meet at least once every two months .


### for the purposes of article 42 , a sub - committee on financial conglomerates to the joint committee of european supervisory authorities shall be established . ### for the purposes of article 42 , a sub - committee on financial conglomerates to the joint committee shall be established .


### the sub - committee shall elect a chairperson from amongst its members , who shall also be a member of the joint committee of european supervisory authorities . ### the sub - committee shall elect a chairperson from amongst its members , who shall also be a member of the joint committee .


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


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


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


### the authority , the european banking authority and the european securities and markets authority shall ensure adequate operational and secretarial support for the board of appeal . ### the authority , the european banking authority and the european securities and markets authority shall ensure adequate operational and secretarial support for the board of appeal through the joint committee .


### the members of the board of appeal shall be independent in making their decisions . they shall not be bound by any instructions . they may not perform any other duties in the authority , in its management board or in its board of supervisors . ### the members of the board of appeal shall be independent in making their decisions . they shall not be bound by any instructions . they may not perform any other duties in the authority , in its management board or in its board of supervisors , nor may they be current employees of other european institutions or national authorities .


### actions before the court of first instance and the court of justice ### actions before the general court and the court of justice


### an action may be brought before the court of first instance or the court of justice , in accordance with article 230 of the treaty , contesting a decision taken by the board of appeal or , in cases where there is no right of appeal before the board of appeal , by the authority . ### an action may be brought before the court of first instance or the court of justice , in accordance with article 263 of the treaty , contesting a decision taken by the board of appeal or , in cases where there is no right of appeal before the board of appeal , by the authority .


### in the event that the authority has an obligation to act and fails to take a decision , proceedings for failure to act may be brought before the court of first instance or the court of justice in accordance with article 232 of the treaty . ### in the event that the authority has an obligation to act and fails to take a decision , proceedings for failure to act may be brought before the court of first instance or the court of justice in accordance with article 265 of the treaty .


### on the basis of the statement of estimates , the commission shall enter in the preliminary draft general budget of the european union the estimates it deems necessary in respect of the establishment plan and the amount of the subsidy to be charged to the general budget of the european union in accordance with article 272 of the treaty . ### on the basis of the statement of estimates , the commission shall enter in the preliminary draft general budget of the european union the estimates it deems necessary in respect of the establishment plan and the amount of the subsidy to be charged to the general budget of the european union in accordance with articles 313 and 314 of the treaty .


### members of the board of supervisors and the management board , the executive director , and members of the staff of the authority including officials seconded by member states on a temporary basis shall be subject to the requirements of professional secrecy pursuant to article 287 of the treaty and the relevant provisions in the relevant community legislation , even after their duties have ceased . ### members of the board of supervisors and the management board , the executive director , and members of the staff of the authority including officials seconded by member states on a temporary basis shall be subject to the requirements of professional secrecy pursuant to article 339 of the treaty and the relevant provisions in the relevant community legislation , even after their duties have ceased .


### within three years from the date set out in the second paragraph of article 67 and every three years thereafter , the commission shall publish a general report on the experience acquired as a result of the operation of the authority and the procedures laid down in this regulation . ### within three years from the date set out in the second paragraph of article 67 and every three years thereafter , the commission shall examine this regulation , and in particular the functioning of article 23 , and publish a general report on the experience acquired as a result of the operation of the authority and the procedures laid down in this regulation .


### support for measures necessary to start the rehabilitation and reconstruction of key infrastructure , housing , public buildings and economic assets , as well as essential productive capacity , as well as other measures for the re - starting of economic activity and the generation of employment and the establishment of the minimum conditions necessary for sustainable social development ; ### support for the necessary measures to rehabilitate and reconstruct the key infrastructure , housing , public buildings and economic assets , as well as for the essential productive capacity and for the re - starting of economic activity , for the generation of employment and the establishment of the minimum conditions necessary for sustainable social development and also for maintaining an accessible healthcare and education system ;


### support for measures to ensure that the specific needs of women and children in crisis and conflict situations , including their exposure to gender - based violence , are adequately met ; ### support for measures to ensure that the specific needs of women and children in crisis and conflict situations , including their exposure to gender - based violence , are immediately and adequately met ;


### in view of the importance of the labour force survey ad hoc modules in support of union policies , a contribution by the union to the financing of their implementation is proposed through grant procedures , without calls for proposals . the grants shall be awarded to the national statistical institutes and other national authorities referred to in article 5 of regulation no 223 / 2009 of the european parliament and of the council of 11 march 2009 on european statistics . grants that are provided for purposes of carrying out labour force surveys may take the form of lump sums . in this context , the use of lump sums should be a principal means of simplifying grant management . ### in view of the importance of the labour force survey ad hoc modules in support of union policies , a contribution by the union to the financing of their implementation is proposed , in accordance with the principle of reasonable financial burden - sharing between the budgets of the european union and the member states . the financing shall be provided through grant procedures , without calls for proposals , in accordance with the second subparagraph of article 128 of regulation no 966 / 2012 of the european parliament and of the council of 25 october 2012 on the financial rules applicable to the general budget of the union . the grants shall be awarded , subject to the actual implementation of the ad hoc modules , to the national statistical institutes and other national authorities referred to in article 5 of regulation no 223 / 2009 of the european parliament and of the council of 11 march 2009 on european statistics . grants that are provided for purposes of carrying out labour force surveys may take the form of lump sums . in this context , the use of lump sums should be a principal means of simplifying grant management .


### the commission shall be empowered to adopt delegated acts in accordance with article 7c concerning an additional set of variables in order to supplement the information described in article 4 , including the subject , the reference period , the sample size and the deadline for transmission of the results . ### a further set of variables , hereinafter referred to as an ' ad hoc module ' , may be added to supplement the information described in article&#160 ; 4 . the commission shall be empowered to adopt delegated acts in accordance with article&#160 ; 7c to establish a multiannual programme of ad hoc modules , specifying the subject , the reference period , the sample size and the deadline for transmission of the results .


### the union may award financial support to the national statistical institutes and other national authorities referred to as designated beneficiaries in article 5 of regulation no 223 / 2009 , for the implementation of the ad hoc modules as referred to in article 7a in accordance with article x of regulation no xx / xx of the european parliament and of the council on a european union programme for social change and innovation , [ com 609 final ] . ### in accordance with the second subparagraph of article 128 of regulation no 966 / 2012 of the european parliament and of the council of 25 october 2012 on the financial rules applicable to the general budget of the union , the union may , under the provisions of article x of regulation no xx / xx of the european parliament and of the council on a european union programme for social change and innovation , [ com 609 final ] , award financial support , without a call for proposals , to the national statistical institutes and other national authorities referred to in article 5 of regulation no 223 / 2009 , for the implementation of the ad hoc modules as referred to in article 7a . the grants shall take the form of lump - sum payments and shall be made subject to the member states’ participating fully in the implementation of the ad hoc modules .


### projects of common interest in the fields of electricity , gas and carbon dioxide should be eligible to receive union financial assistance for studies and , under certain conditions , for works under the proposed regulation for a connecting europe facility , either in the form of grants or in the form of innovative financial instruments . this will ensure tailor - made support can be provided to those projects of common interest which are not viable under the existing regulatory framework and market conditions . such financial assistance should ensure the necessary synergies with funding from instruments under other union policies . in particular , the connecting europe facility will finance energy infrastructure of european relevance , while structural funds will finance smart energy distribution networks of local or regional importance . the two sources of funding will thereby complement each other . ### projects of common interest in the fields of electricity , gas and carbon dioxide should be eligible to receive union financial assistance for studies and , under certain conditions , for works under the proposed regulation for a connecting europe facility , either in the form of grants or in the form of innovative financial instruments . this will ensure tailor - made support can be provided to those projects of common interest which are not viable under the existing regulatory framework and market conditions . the avoidance of any distortion of competition , in particular between projects contributing to the achievement of the same eu priority corridor , should be duly taken into account . such financial assistance should ensure the necessary synergies with funding from instruments under other union policies . in particular , the connecting europe facility will finance energy infrastructure of european relevance , while structural funds will finance smart energy distribution networks of local or regional importance . the two sources of funding will thereby complement each other .


### the project is commercially not viable according to the business plan and other assessments carried out , notably by possible investors or creditors . the decision on incentives and its justification referred to in paragraph 3 of shall be taken into account when assessing the project ' s commercial viability ; and ### the project is commercially not viable according to the business plan and other assessments carried out , notably by possible investors or creditors . the decision on incentives and its justification referred to in paragraph 3 of shall be taken into account when assessing the project ' s commercial viability ; or the project promoter can clearly demonstrate that there are disproportionately high financing costs or inability to access market financing due to exceptional financial and economic difficulties facing the member state or member states where the whole or part of the project of common interest is to be implemented ; and


### north - south electricity interconnections in central eastern and south eastern europe : interconnections and internal lines in north - south and east - west directions to complete the internal market and integrate generation from renewable energy sources . ### north - south electricity interconnections in central eastern and south eastern europe : interconnections and internal lines in north - south and east - west directions to complete the internal market , to end the isolation of island electrical systems and integrate generation from renewable energy sources .


### north - south gas interconnections in central eastern and south eastern europe : regional gas connections between the baltic sea region , the adriatic and aegean seas and the black sea , notably to enhance diversification and security of gas supply ; ### north - south gas interconnections in central eastern and south eastern europe : regional gas connections between the baltic sea region , the adriatic and aegean seas , the black sea and the eastern mediterranean basin , notably to enhance diversification and security of gas supply ;


### directive of the european parliament and of the council on combating the sexual abuse , sexual exploitation of children and child pornography , repealing framework decision 2004 / 68 / jha ### proposal for a directive of the european parliament and of the council on combating the sexual abuse , sexual exploitation of persons below the age of 18 years and the depiction of sexual acts involving them , repealing framework decision 2004 / 68 / jha


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


### sexual abuse and sexual exploitation of children , including child pornography constitute serious violations of fundamental rights , in particular the rights of the child to protection and care as is necessary for his or her well - being as stipulated by the un convention on the rights of the child and the charter of fundamental rights of the european union . ### sexual abuse and sexual exploitation of children , including child pornography constitute serious violations of fundamental rights , in particular the rights of the child to protection and care as is necessary for his or her well - being as stipulated by the un convention on the rights of the child and the charter of fundamental rights of the european union , as well as the optional protocol of 25 may 2000 to the convention on the rights of the child on the sale of children , child prostitution and child pornography .


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


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


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


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


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


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


### commission proposal investigating offences and bringing charges in criminal proceedings should be facilitated , to take into account the difficulty for child victims of denouncing abuse and the anonymity of offenders in cyberspace . to ensure successful investigations and prosecutions of the offences referred to in this directive , effective investigation tools should be made available to those responsible for the investigation and prosecutions of such offences . these tools may include covert operations , interception of communications , covert surveillance including electronic surveillance , monitoring of bank accounts or other financial investigations . ### investigating offences and bringing charges in criminal proceedings should be facilitated , to take into account the difficulty for child victims of denouncing abuse and the anonymity of offenders in cyberspace . to ensure successful investigations and prosecutions of the offences referred to in this directive , effective investigation tools should be made available to those responsible for the investigation and prosecutions of such offences .


### rules on jurisdiction should be amended to ensure that child sexual abusers or exploiters from the european union face prosecution even if they commit their crimes outside the european union , in particular via so - called sex tourism . ### rules on jurisdiction should be amended to ensure that sexual abusers or exploiters of persons below the age of 18 years from the european union face prosecution even if they commit their crimes outside the european union , in particular via so - called sex tourism .


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


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


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


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


### commission proposal since the objective of this directive , namely to combat sexual abuse , sexual exploitation of children and child pornography , cannot be sufficiently achieved by the member states alone and can therefore , by reasons of the scale and effects , be better achieved at union level , the union may adopt measures , in accordance with the principles of subsidiarity as referred to in article 3 and article 5 of the treaty on european union . in accordance with the principle of proportionality , as set out in the latter article , this directive does not go beyond what is necessary to achieve that objective . ### since the objective of this directive , namely to combat sexual abuse , sexual exploitation of persons below the age of 18 and the depiction of sexual acts involving persons below the age of 18 , cannot be sufficiently achieved by the member states alone and can therefore , by reasons of the scale and effects , be better achieved at union level , the union may adopt measures , in accordance with the principles of subsidiarity as referred to in article 3 and article 5 of the treaty on european union . in accordance with the principle of proportionality , as set out in the latter article , this directive does not go beyond what is necessary to achieve that objective .


### commission proposal this directive aims to establish minimum rules concerning the definition of criminal offences and sanctions in the area of sexual exploitation of children . it also aims to introduce common provisions to strengthen the prevention of the crime and the protection of its victims . ### this directive aims to establish minimum rules concerning the definition of criminal offences and sanctions in the area of the sexual abuse and sexual exploitation of persons below the age of 18 , and of the depiction of sexual acts involving persons below the age of 18 . it also aims to introduce common provisions to strengthen the prevention of the crime and the protection of its victims .


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


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


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


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


### commission proposal member states shall take the necessary measures to ensure that the intentional conduct referred to in paragraphs 2 to 11 is punishable . ### member states shall take the necessary measures to ensure that the subsequent intentional conduct is laid down in law as a criminal offence and , in accordance with their system of penalties , afforded a punishment which reflects the severity of the act .


### commission proposal member states shall take the necessary measures to ensure that the intentional conduct referred to in paragraphs 2 to 5 is punishable . ### member states shall take the necessary measures to ensure that the subsequent intentional conduct is laid down in law as a criminal offence and , in accordance with their system of penalties , afforded a punishment which reflects the severity of the act .


### commission proposal member states shall take the necessary measures to ensure that the intentional conduct referred to in paragraphs 2 to 6 is punishable . ### member states shall take the necessary measures to ensure that the subsequent intentional conduct is laid down in law as a criminal offence and , in accordance with their system of penalties , afforded a punishment which reflects the severity of the act .


### commission proposal 2 . causing , for sexual purposes , a child who has not reached the age of sexual consent under national law to witness sexual abuse or sexual activities , even without having to participate , shall be punishable by a maximum term of imprisonment of at least two years . ### causing , for sexual purposes , a person who has not reached the age of sexual consent under national law to witness sexual abuse or sexual activities , even without having to participate , constitutes an activity as described in paragraph 1 .


### commission proposal 3 . engaging in sexual activities with a child who has not reached the age of sexual consent under national law shall be punishable by a maximum term of imprisonment of at least five years . ### engaging in sexual activities with a person who has not reached the age of sexual consent under national law constitutes an activity as described in paragraph 1 .


### commission proposal 4 . engaging in sexual activities with a child , where : ### engaging in sexual activities with a person below the age of 18 , where :


### commission proposal abuse is made of a recognised position of trust , authority or influence over the child shall be punishable by a maximum term of imprisonment of at least eight years ; or ### abuse is made of a recognised position of trust , authority or influence over the person ; or


### commission proposal abuse is made of a particularly vulnerable situation of the child , notably because of a mental or physical disability or a situation of dependence shall be punishable by a maximum term of imprisonment of at least eight years ; or ### abuse is made of a particularly vulnerable situation of the person , notably because of a mental or physical disability or a situation of dependence ; or


### commission proposal use is made of coercion , force or threats shall be punishable by a maximum term of imprisonment of at least ten years . ### use is made of coercion , force or threats .


### commission proposal 5 . coercing a child into sexual activities with a third party shall be punishable by a maximum term of imprisonment of at least ten years . ### coercing a person below the age of 18 into sexual activities with a third party constitutes an activity as described in paragraph 1 .


### commission proposal 2 . causing a child to participate in pornographic performances shall be punishable by a maximum term of imprisonment of at least two years . ### causing a person below the age of 18 to participate in pornographic performances constitutes an activity as described in paragraph 1 .


### commission proposal 3 . profiting from or otherwise exploiting a child participating in pornographic performances shall be punishable by a maximum term of imprisonment of at least two years . ### profiting from or otherwise exploiting a person below the age of 18 participating in pornographic performances constitutes an activity as described in paragraph 1 .


### commission proposal 4 . knowingly attending pornographic performances involving the participation of children shall be punishable by a maximum term of imprisonment of at least two years . ### knowingly attending pornographic performances involving the participation of persons below the age of 18 constitutes an activity as described in paragraph 1 .


### commission proposal 5 . recruiting a child to participate in pornographic performances shall be punishable by a maximum term of imprisonment of at least five years . ### recruiting a person below the age of 18 to participate in pornographic performances constitutes an activity as described in paragraph 1 .


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


### commission proposal 9 . coercing a child to participate in pornographic performances shall be punishable by a maximum term of imprisonment of at least eight years . ### coercing a person below the age of 18 to participate in pornographic performances constitutes an activity as described in paragraph 1 .


### offences concerning child pornography ### offences concerning the depiction of sexual acts involving persons below the age of 18 years


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


### commission proposal 4 . distribution , dissemination or transmission of child pornography shall be punishable by a maximum term of imprisonment of at least two years . ### distribution , dissemination or transmission of depictions of sexual acts involving persons below the age of 18 constitutes conduct as defined in paragraph 1 .


### commission proposal 5 . offering , supplying or making available child pornography shall be punishable by a maximum term of imprisonment of at least two years . ### offering , supplying or making available depictions of sexual acts involving persons below the age of 18 constitutes conduct as defined in paragraph 1 .


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


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


### commission proposal the child has not reached the age of sexual consent under national law ; ### the victim has not reached the age of sexual consent under national law ;


### commission proposal the offence was committed against a child in a particularly vulnerable situation , notably because of a mental or physical disability or a situation of dependence ; ### the offence was committed against a person below the age of 18 in a particularly vulnerable situation , notably because of a mental or physical disability or a situation of dependence ;


### commission proposal the offence was committed by a member of the family , a person cohabiting with the child or a person having abused their authority ; ### the offence was committed by a member of the family , a person cohabiting with the victim or a person having abused their authority ;


### commission proposal the offence endangered the life of the child ; ### the offence endangered the life of the victim ;


### commission proposal the offence involved serious violence or caused serious harm to the child . ### the offence involved serious violence or caused serious harm to the victim .


### commission proposal in order to avoid the risk of repetition of offences , member states shall take the necessary measures to ensure that a natural person who has been convicted of any of the offences referred to in articles 3 to 7 may be temporarily or permanently prevented from exercising activities involving regular contacts with children . ### in order to avoid the risk of repetition of offences , member states shall take the necessary measures to ensure that a natural person who has been convicted of any of the offences referred to in articles 3 to 7 may be temporarily or permanently prevented from exercising activities involving regular contacts with persons below the age of 18 .


### commission proposal 3 . by way of derogation from articles 7 and 9 of the council framework decision 2009 / 315 / jha on the organisation and content of the exchange of information extracted from criminal records between member states , member states shall take the necessary measures to ensure that , for the purpose of effectively implementing the measure consisting in temporarily or permanently preventing the person from exercising activities involving regular contacts with children , in particular insofar as the requesting member state subjects access to certain activities to conditions to ensure that candidates have not been convicted of any of the offences referred to in articles 3 to 7 of this directive , information concerning the disqualification arising from conviction of any of the offences referred to in articles 3 to 7 of this directive is transmitted when requested under article 6 of that framework decision from the central authority of the member state of the person’s nationality , and that personal data concerning such disqualification provided under article 7 and of that framework decision may in all cases be used for such purpose . ### by way of derogation from articles 7 and 9 of the council framework decision 2009 / 315 / jha on the organisation and content of the exchange of information extracted from criminal records between member states , member states shall take the necessary measures to ensure that , for the purpose of effectively implementing the measure consisting in temporarily or permanently preventing the person from exercising activities involving regular contacts with persons below the age of 18 , in particular insofar as the requesting member state subjects access to certain activities to conditions to ensure that candidates have not been convicted of any of the offences referred to in articles 3 to 7 of this directive , information concerning the disqualification arising from conviction of any of the offences referred to in articles 3 to 7 of this directive is transmitted when requested under article 6 of that framework decision from the central authority of the member state of the person’s nationality , and that personal data concerning such disqualification provided under article 7 and of that framework decision may in all cases be used for such purpose .


### commission proposal member states shall provide for the possibility of not prosecuting or imposing penalties on child victims of the offences referred to in articles 4 and article 5 to for their involvement in unlawful activities as a direct consequence of being subjected to those offences . ### member states shall provide for the possibility of not prosecuting or imposing penalties on victims of the offences referred to in articles 4 and article 5 to for their involvement in unlawful activities as a direct consequence of being subjected to those offences .


### member states shall take the necessary measures to enable investigative units or services to attempt to identify the victims of the offences referred to in articles 3 to 7 , in particular by analysing child pornography material , such as photographs and audiovisual recordings transmitted or made available by means of information and communication technology . ### member states shall take the necessary measures to enable investigative units or services to attempt to identify the victims of the offences referred to in articles 3 to 7 , in particular by analysing material , such as photographs and audiovisual recordings transmitted or made available by means of information and communication technology .


### member states shall take the necessary measures to ensure that the confidentiality rules imposed by national law on certain professionals called upon to work in contact with children do not constitute an obstacle to the possibility , for those professionals , of their reporting to the services responsible for child protection any situation where they have reasonable grounds for believing that a child is the victim of offences referred to in articles 3 to 7 . ### member states shall take the necessary measures to require that the confidentiality rules imposed by national law on certain professionals called upon to work in contact with children do not constitute an obstacle to the possibility , for those professionals , of their reporting to the services responsible for child protection any situation where they have reasonable grounds for believing that a child is the victim of offences referred to in articles 3 to 7 .


### commission proposal member states shall take the necessary measures to ensure that the confidentiality rules imposed by national law on certain professionals called upon to work in contact with children do not constitute an obstacle to the possibility , for those professionals , of their reporting to the services responsible for child protection any situation where they have reasonable grounds for believing that a child is the victim of offences referred to in articles 3 to 7 . ### member states shall take the necessary measures to ensure that the confidentiality rules imposed by national law on certain professionals called upon to work in contact with persons below the age of 18 do not constitute an obstacle to the possibility , for those professionals , of their reporting to the services responsible for child protection any situation where they have reasonable grounds for believing that a person below the age of 18 is the victim of offences referred to in articles 3 to 7 .


### commission proposal victims of the offences referred to in articles 3 to 7 shall be provided assistance , support and protection , taking into account the best interests of the child . ### persons below the age of 18 who fall victim to the offences referred to in articles 3 to 7 shall be provided assistance , support and protection , taking into account their best interests .


### commission proposal 2 . member states shall ensure that , where the age of a person subject to the offences referred to in articles 3 to 7 is uncertain and there are reasons to believe that the person is a child , the person is presumed to be a child in order to receive immediate access to assistance , support and protection in accordance with article 18 and 19 , pending verification of the age . ### member states shall ensure that , where the age of a person subject to the offences referred to in articles 3 to 7 is uncertain and there are reasons to believe that the person is below the age of 18 , the person is presumed to be such in order to receive immediate access to assistance , support and protection in accordance with article 18 and 19 , pending verification of the age .


### commission proposal 2 . member states shall take the necessary measures to ensure that the specific actions to assist and support victims in the short and long term , in their physical and psycho - social recovery , are undertaken following an individual assessment of the special circumstances of each particular child victim , taking due account of the child’s views , needs and concerns . ### member states shall take the necessary measures to ensure that the specific actions to assist and support victims in the short and long term , in their physical and psycho - social recovery , are undertaken following an individual assessment of the special circumstances of each particular victim , taking due account of the victim’s views , needs and concerns .


### commission proposal 3 . victims of any of the offences referred to in articles 3 to 7 shall be considered as particularly vulnerable victims pursuant to article 2 , article 8 and article 14 of framework decision 2001 / 220 / jha . ### persons below the age of 18 who fall victim to any of the offences referred to in articles 3 to 7 shall be considered as particularly vulnerable victims pursuant to article 2 , article 8 and article 14 of framework decision 2001 / 220 / jha .


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


### commission proposal member states shall take the necessary measures to ensure that in criminal investigations and proceedings , judicial authorities appoint a special representative for the child victim where , by national law , the holders of parental responsibility are precluded from representing the child as a result of a conflict of interest between them and the child victim , or where the child is unaccompanied or separated from the family . ### member states shall take the necessary measures to ensure that in criminal investigations and proceedings , judicial authorities appoint a special representative for the child victim where , by national law , the holders of parental responsibility are precluded from representing the person below the age of 18 as a result of a conflict of interest between them and the victim , or where the victim below the age of 18 is unaccompanied or separated from the family . the victim should be consulted before the decision is taken .


### commission proposal 2 . member states shall ensure that child victims have immediate access to free legal counselling and to free legal representation , including for the purpose of claiming compensation ### member states shall ensure that victims below the age of 18 have immediate access to free legal counselling and to free legal representation , including for the purpose of claiming compensation .


### commission proposal interviews with the child victim take place without unjustified delay after the facts have been reported to the competent authorities ; ### in principle , interviews with the victim below the age of 18 take place without unjustified delay after the facts have been reported to the competent authorities ;


### commission proposal interviews with the child victim take place , where necessary , in premises designed or adapted for this purpose ; ### in principle , interviews with the victim below the age of 18 take place , where necessary , in premises designed or adapted for this purpose ;


### commission proposal interviews with the child victim are carried out by or through professionals trained for this purpose ; ### in principle , interviews with the victim below the age of 18 are carried out by or through professionals trained for this purpose ;


### commission proposal the same persons , if possible and where appropriate , conduct all interviews with the child victim ; ### in principle , the same persons conduct all interviews with the victim below the age of 18 ;


### commission proposal the child victim may be accompanied by his or her legal representative or , where appropriate , an adult of his or her choice , unless a reasoned decision has been made to the contrary in respect of that person . ### the victim below the age of 18 may be accompanied by his or her legal representative or , where appropriate , an adult of his or her choice , unless a reasoned decision has been made to the contrary in respect of that person .


### commission proposal 4 . member states shall take the necessary measures to ensure that in criminal investigations of any of the offences referred to in articles 3 to 7 all interviews with the child victim or , where appropriate , with a child witness , may be videotaped and that these videotaped interviews may be used as evidence in criminal court proceedings , according to the rules under its national law . ### member states shall take the necessary measures to ensure that in criminal investigations of any of the offences referred to in articles 3 to 7 all interviews with the victim below the age of 18 or , where appropriate , with a witness below the age of 18 , may be videotaped and that these videotaped interviews may be used as evidence in criminal court proceedings , according to the rules under its national law .


### commission proposal the child victim may be heard in the courtroom without being present , notably through the use of appropriate communication technologies . ### the victim below the age of 18 may be heard in the courtroom without being present directly , notably through the use of appropriate communication technologies .


### commission proposal 2 . member states shall take the necessary measures to ensure that effective intervention programmes or measures are made available with a view to preventing and minimising the risks of repeated offences of a sexual nature against children . these programmes or measures shall be accessible at any time during the criminal proceedings , inside and outside prison , according to the conditions laid down in national law . ### member states shall take the necessary measures to ensure that effective intervention programmes or measures are made available with a view to preventing and minimising the risks of repeated offences of a sexual nature against persons below the age of 18 . these programmes or measures shall be accessible at any time during the criminal proceedings , inside and outside prison , according to the conditions laid down in national law .


### commission proposal such intervention programmes or measures shall be adapted to meet the specific developmental needs for children who sexually offend , including those who are below the age of criminal responsibility . ### such intervention programmes or measures shall be adapted to meet the specific developmental needs for persons who sexually offend , including those who are below the age of criminal responsibility .


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


### simplification is a central aim of horizon 2020 which should be fully reflected in its design , rules , financial management and implementation . horizon 2020 should aim to attract the strong participation of universities , research centres , industry and specifically smes and be open to new participants , as it brings together the full range of research and innovation support in one common strategic framework , including a streamlined set of forms of support and uses rules for participation with principles applicable to all actions under the programme . simpler funding rules should reduce the administrative costs for participation and will contribute to a reduction of financial errors . ### simplification is a central aim of horizon 2020 which should be fully reflected in its design , rules , financial management and implementation . horizon 2020 should aim to attract the strong participation of universities , research centres , industry , public sector research and innovation agencies , social economy organisations , and specifically smes and be open to new participants , as it brings together the full range of research and innovation support in one common strategic framework , including a streamlined set of forms of support and uses rules for participation with principles applicable to all actions under the programme . simpler funding rules should reduce the administrative costs for participation and will contribute to a reduction of financial errors .


### to achieve maximum impact , horizon 2020 should develop close synergies with other union programmes in areas such as education , space , environment , competitiveness and smes , the internal security , culture and media and with the cohesion policy funds and rural development policy , which can specifically help to strengthen national and regional research and innovation capabilities in the context of smart specialisation strategies . ### horizon 2020 should develop close synergies with other union programmes in areas such as education , space , environment , competitiveness and smes , the internal security , culture and media and with the cohesion policy funds and rural development policy through the regional partnerships , which can specifically help to strengthen national , regional and local research and innovation capabilities in the context of smart specialisation strategies .


### with the aim to achieve the greatest possible impact of union funding , horizon 2020 is to develop closer synergies , which may also take the form of public - public partnerships , with national and regional programmes that support research and innovation . ### with the aim to achieve the greatest possible impact of union funding , horizon 2020 is to develop closer synergies , which may also take the form of public - public partnerships , with national , regional and local programmes that support research and innovation .