### where exceptional circumstances so require , the management board may by way of a decision temporarily suspend the delegation of the appointing authority powers to the executive director and those sub - delegated by the latter and exercise them itself or delegate them to one of its members or to a staff member other than the executive director . ### where exceptional circumstances so require , the management board may by way of a decision taken by an absolute majority of its members temporarily suspend the delegation of the appointing authority powers to the executive director and those sub - delegated by the latter and exercise them itself or delegate them to one of its members or to a staff member other than the executive director .


### – the words ' two - thirds majority ' are replaced by ' simple majority ' . ### – the words ' two - thirds majority ' are replaced by ' absolute majority ' .


### before appointment , the candidate selected by the management board may be invited to make a statement before the competent committee of the european parliament and to answer questions put by its members . ### before appointment , the candidate selected by the management board shall make a statement before the competent committee of the european parliament and answer questions put by its members .


### the term of office of the executive director shall be five years . by the end of that period , the commission shall undertake an assessment that takes into account an evaluation of the executive director ' s performance and the agency ' s future tasks and challenges . ### the term of office of the executive director shall be five years . midway through that period , the commission shall draw up a report evaluating the executive director ' s performance and the agency ' s future tasks and challenges . the commission shall present this evaluation report to the corresponding committee of the european parliament .


### the management board shall inform the european parliament if it intends to extend the executive director ' s term of office . within one month before any such extension , the executive director may be invited to make a statement before the competent committee of the parliament and answer questions put by its members . ### the management board shall inform the european parliament if it intends to extend the executive director ' s term of office . within one month before any such extension , the executive director shall make a statement before the competent committee of the parliament and answer questions put by its members .


### one or more deputy executive director may assist the executive director . ### one deputy executive director shall assist the executive director .


### charges paid in accordance with article 13 of regulation no [ ses regulation ] for relevant atm / ans authority tasks . ### charges under regulation no 391 / 2013 relevant for atm / ans oversight tasks carried out by the agency .


### the entity and the staff responsible for the certification and oversight tasks must carry out their duties with the greatest possible professional integrity and the greatest possible technical competence and must be free of any pressure and incentive , in particular of a financial type , which could affect their judgment or the results of their investigations , in particular from persons or groups of persons affected by the results of the certification or oversight tasks . ### the entity and the staff responsible for the certification and oversight tasks must carry out their duties with the greatest possible professional integrity and the greatest possible technical competence and must be free of any pressure and incentive , in particular of a financial type , which could affect decisions or the results of their investigations , in particular from persons or groups of persons affected by the results of the certification or oversight tasks .


### regulation of the european parliament and of the council laying down the rules and general principles concerning mechanisms for control by member states of the commission’s exercise of implementing powers ### regulation of the european parliament and of the council laying down the rules and general principles concerning the commission’s exercise of implementing powers according to article 291 tfeu


### the treaty on the functioning of the european union now requires the european parliament and the council to lay down the rules and general principles concerning mechanisms for control by member states of the commission ' s exercise of implementing powers . ### the treaty on the functioning of the european union now requires the european parliament and the council to lay down the rules and general principles concerning the commission ' s exercise of implementing powers .


### it is necessary to ensure that procedures for such control are clear , effective and proportionate to the nature of the implementing acts and that they reflect the institutional requirements of the treaty as well as the experience gained and the common practice followed in the implementation of decision 1999 / 468 / ec . ### it is necessary to ensure that procedures for control are clear , effective and proportionate to the nature of the implementing acts and that they reflect the institutional requirements of the treaty , the equal footing of the european parliament and the council with regard to all acts adopted under the ordinary legislative procedure as well as the experience gained and the common practice followed in the implementation of decision 1999 / 468 / ec .


### criteria should be laid down to determine the procedure to be used for the adoption of implementing acts . in order to achieve greater consistency and in order to ensure that procedural requirements are proportionate to the nature of the implementing acts to be adopted , those criteria should be binding . ### without prejudice to the procedure to be used for the adoption of implementing acts , which is determined in the basic act , the examination procedure should in principle be used for the adoption of general implementing measures , where uniform conditions are needed .


### the examination procedure should only apply for the adoption of measures of general scope designed to implement basic acts and specific measures with a potentially important impact . that procedure should provide for the control of the member states in such a way that measures cannot be adopted if they are not in conformity with the opinion of the committee , except in very exceptional circumstances , where the commission should be able , in spite of a negative opinion , to adopt and apply measures for a limited period of time . the commission should be able to review the draft measures in the event that no opinion is delivered by the committee , taking into account the views expressed within the committee . ### the examination procedure should provide for the control in such a way that measures cannot be adopted if they are not in conformity with the opinion of the committee , except in very exceptional circumstances , where the commission should be able , in spite of a negative opinion , to adopt and apply measures for a limited period of time . the commission should be able to review the draft measures in the event that no opinion is delivered by the committee , taking into account the views expressed within the committee .


### this regulation lays down the rules and general principles governing the mechanisms which shall apply in cases where a legally binding union act requires that the adoption of binding implementing acts by the commission be subject to the control of member states . ### this regulation lays down the rules and general principles governing the mechanisms which shall apply in cases where a legally binding union act requires uniform conditions of implementation and provides that the adoption of such binding implementing acts by the commission be subject to the control of member states .


### the examination procedure may only apply for the adoption of : implementing measures of general scope ; other implementing measures relating to : common agricultural and common fisheries policies ; ii ) environment , security and safety or protection of the health or safety of humans , animals or plants ; iii ) common commercial policy . ### the examination procedure shall in principle apply for the adoption of general implementing measures , where uniform conditions are needed .


### the european parliament and the council shall have access to the information referred to in paragraph 1 . ### the european parliament , the council and the member states shall have equal access to the information referred to in paragraph 1 . to that end , the european parliament and the council shall be sent , at the same time as the members of the committees and on the same terms , all information referred to in paragraph 1 .


### the means of identification shall be allocated to the holding , distributed and applied to the animals in a manner determined by the competent authority . ### the means of identification shall be allocated to the holding , distributed and applied to the animals in a manner determined by the competent authority . this shall not apply to animals born before 1 january 1998 and not intended for intra - eu trade .


### depending on the fuel and power category , the test cycles for engines in marine applications described in the relevant iso standard should be used . ### depending on the fuel and power category , the test cycles for engines in marine applications described in the relevant iso standard should be used . a special test cycle for marine hybrid power installations should be developed for hybrid power installations that have different technical characteristics from standard internal combustion engines .


### it is crucial to make clear to manufacturers and users that by affixing the ce marking to the product , the manufacturer declares that the product is in conformity with all applicable requirements and takes full responsibility thereof . ### by affixing the ce marking to the product , manufacturers should take full responsibility for the product being in conformity with the applicable requirements . manufacturers and users must be given more information about this in order to achieve the objectives of ce marking .


### while the eib ' s strength remains its distinctiveness as an investment bank , eib financing operations should contribute to the general principles guiding union external action , as referred to in article 21 of the treaty on european union , of promoting and consolidating democracy and the rule of law , human rights and fundamental freedoms , and to the implementation of international environmental agreements to which the union is a party . in particular , in relation to developing countries , eib financing operations should foster their sustainable economic , social and environmental development , particularly in the most disadvantaged amongst them , their smooth and gradual integration into the world economy , the campaign against poverty , as well as compliance with objectives approved by the union in the context of the united nations and other competent international organisations . while contributing to the implementation of the measures necessary to further the objectives of union development cooperation policy in accordance with article 209 of the treaty , the eib should strive to support indirectly the achievement of the un ' s 2015 millennium development goals in all regions where it is active . ### while the eib ' s strength remains its distinctiveness as an investment bank , eib financing operations should contribute to the general principles guiding union external action , as referred to in article 21 of the treaty on european union , of promoting and consolidating democracy and the rule of law , human rights and fundamental freedoms , and to the implementation of international environmental agreements to which the union is a party . furthermore , eib actions should be in accordance with article 3 of the eu treaty , which , as confirmed by the ecj on 21 december 2011 in its ataa judgement , requires the union to contribute to the strict observance of international law , and in particular the principles of the un charter . in relation to developing countries , eib financing operations should foster their sustainable economic , social and environmental development , particularly in the most disadvantaged amongst them , their smooth and gradual integration into the world economy , the campaign against poverty , as well as compliance with objectives approved by the union in the context of the united nations and other competent international organisations . while contributing to the implementation of the measures necessary to further the objectives of union development cooperation policy in accordance with article 209 of the treaty , the eib should strive to support indirectly the achievement of the un ' s 2015 millennium development goals in all regions where it is active .


### the eib financing operations in support of union external policies should continue to be conducted in accordance with the principles of sound banking practice . they should continue to be managed in accordance with the eib ' s own rules and procedures , including appropriate control measures and compliance with the eib ' s statement on social and environmental standards , as well as with the relevant rules and procedures concerning the court of auditors and the european anti - fraud office . in its financing operations the eib should adequately implement its policies towards weakly regulated or non - cooperative jurisdictions in order to contribute to the international fight against tax fraud , tax evasion and money - laundering . ### the eib financing operations in support of union external policies should continue to be conducted in accordance with the principles of sound banking practice . they should continue to be managed in accordance with the eib ' s own rules and procedures , including appropriate control measures and compliance with the eib ' s statement on social and environmental standards , as well as with the relevant rules and procedures concerning the court of auditors and the european anti - fraud office . in its financing operations the eib should avoid any kind of direct or indirect cooperation with weakly regulated or non - cooperative jurisdictions in order to contribute to the international fight against tax fraud , tax evasion and money - laundering and should follow the european commission ' s most recent criteria to identify jurisdictions which do not meet minimum standards of good governance .


### in order to ensure uniform conditions for the implementation of this regulation as regards exports and certain general provisions , implementing powers should be conferred on the commission in respect of measures on the application of refund rates , on the method of calculation of the export refunds , on the assimilation of certain products to basic products and the determination of the reference quantity of basic products , on the management of certificates for the export of certain non - annex i goods to certain destinations when provided for in an international agreement concluded by the union in accordance with article 218 of the treaty and on the treatment of disappearances of products and quantity losses during the manufacturing process and the treatment of by - products , measures defining the procedures on declaration and proof of the composition of the exported non - annex i goods necessary for the implementation of the export refund system , measures on the application of horizontal provisions on export refunds , securities , checks , verification and penalties to export refunds for non - annex i goods , measures on the implementation of the export refund certificate system as regards documents and procedures for lodging applications and issuing refund certificates , the amount of security to be lodged and the means of proof that the obligations derived from the refund certificate have been fulfilled , measures on the management of export refund certificates by the member states and the procedures relating to administrative assistance between the member states as regards the refund certificates , measures on the fixing of the global amount allocated to small exporters and the threshold of exemption from the presentation of refund certificates , measures on the application of horizontal provisions on export licenses and on securities to refund certificates , measures limiting the amounts for which refund certificates may be issued , rejecting amounts applied for in respect of those certificates and suspending the lodging of applications for refund certificates where large amounts are applied for , necessary rules , procedures and technical criteria for the application of other measures with regard of exports , measures on the establishment and publication of import duties and amounts payable on exports in the case of direct offsetting in preferential trade , measures ensuring that processed agricultural products declared for export under a preferential trade agreement are in fact exported under a preferential agreement , measures concerning the methods of qualitative and quantitative analysis of processed agricultural products and non - annex i goods , the technical provisions necessary for identifying the processed agricultural products and non - annex i goods and the procedures for the purpose of the classification in the combined nomenclature of processed agricultural products and non - annex i goods , measures necessary for the implementation of the obligations of the commission and the member states to exchange information and measures to make information and documents available . ### in order to ensure uniform conditions for the implementation of this regulation as regards exports and certain general provisions , implementing powers should be conferred on the commission in respect of measures on the application of refund rates , on the method of calculation of the export refunds , on the assimilation of certain products to basic products and the determination of the reference quantity of basic products , on the management of certificates for the export of certain non - annex i goods to certain destinations when provided for in an international agreement concluded by the union in accordance with article 218 of the treaty and on the treatment of disappearances of products and quantity losses during the manufacturing process and the treatment of by - products , measures defining the procedures on declaration and proof of the composition of the exported non - annex i goods necessary for the implementation of the export refund system , measures on the application of horizontal provisions concerning export refunds , securities and scrutiny to export refunds for non - annex i goods , measures on the implementation of the export refund certificate system as regards documents and procedures for lodging applications and issuing refund certificates , the amount of security to be lodged and the means of proof that the obligations derived from the refund certificate have been fulfilled , measures on the management of export refund certificates by the member states and the procedures relating to administrative assistance between the member states as regards the refund certificates , measures on the fixing of the global amount allocated to small exporters and the threshold of exemption from the presentation of refund certificates , measures on the application of horizontal provisions on export licenses and on securities to refund certificates , measures limiting the amounts for which refund certificates may be issued , rejecting amounts applied for in respect of those certificates and suspending the lodging of applications for refund certificates where large amounts are applied for , necessary rules , procedures and technical criteria for the application of other measures with regard of exports , measures on the establishment and publication of import duties and amounts payable on exports in the case of direct offsetting in preferential trade , measures ensuring that processed agricultural products declared for export under a preferential trade agreement are in fact exported under a preferential agreement , measures concerning the methods of qualitative and quantitative analysis of processed agricultural products and non - annex i goods , the technical provisions necessary for identifying the processed agricultural products and non - annex i goods and the procedures for the purpose of the classification in the combined nomenclature of processed agricultural products and non - annex i goods , measures necessary for the implementation of the obligations of the commission and the member states to exchange information and measures to make information and documents available .


### the commission may adopt the necessary measures for the application of this article as regards time limits for proving the import price , submitting documentary evidence and the lodging of a security by means of implementing acts . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 42 . ### the commission may adopt implementing acts containing measures necessary for the application of this article as regards time limits for proving the import price , the submission of documentary evidence and the procedures for and the amount of the security to be lodged . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 42 .


### where non - annex i goods are exported , the agricultural products listed in points , , , and of article 133 of regulation no &#8230 ; / &#8230 ; [ com 626 final ] which have been used in the manufacturing of those non - annex i goods shall qualify for export refunds as set out in annex ii to this regulation . article 133 and of regulation no &#8230 ; / &#8230 ; [ com 626 final ] shall apply . ### in accordance with article 133 of regulation no &#8230 ; / &#8230 ; [ com 626 final ] , where non - annex i goods are exported , the agricultural products listed in points , , , and of article 133 of that regulation which have been used in the manufacturing of those non - annex i goods shall qualify for export refunds as set out in annex ii to this regulation . article 133 and of regulation no &#8230 ; / &#8230 ; [ com 626 final ] shall apply .


### the application of horizontal provisions on securities , checks , verification and penalties adopted pursuant to article 64 , article 66 , article 67 and article 88 of regulation no &#8230 ; / &#8230 ; [ com 628 final ] to export refunds for non - annex i goods . ### the application of horizontal provisions concerning securities and scrutiny adopted pursuant to article 67 and article 88 of regulation no &#8230 ; / &#8230 ; [ com 628 final ] to export refunds for non - annex i goods .


### the power to adopt the delegated acts referred to in articles 8 , 12 , 15 , 19 , 27 , 32 , article 34 , article 37 , article 38 and article 39 shall be conferred on the commission for an indeterminate period of time from the date of entry into force of this regulation . ### the power to adopt the delegated acts referred to in article 5 , article 5 , articles 8 , 12 , 15 , 19 , 27 , 32 , article 34 , article 37 , article 38 and article 39 shall be conferred on the commission for a period of five years from the date of entry into force of this regulation . the commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five year period . the delegation of power shall be tacitly extended for periods of an identical duration , unless the european parliament or the council opposes such extension not later than three months before the end of each period .


### article 191 of the tfeu establishes the objectives of preserving , protecting and improving the quality of the environment and creates an obligation for all union action to be supported by a high level of protection based on the precautionary principle and preventive action and to prudent and rational utilisation of natural resources . ### article 191 of the tfeu establishes the objectives of preserving , protecting and improving the quality of the environment and the prudent and rational utilisation of natural resources . it creates an obligation for all union action to be supported by a high level of protection based on the precautionary principle , and on the principles that preventive action should be taken , that environmental damage should as a priority be rectified at source and that the polluter should pay .


### the risks of a major offshore oil or gas accident are significant . by reducing the risk of pollution of marine waters , this initiative should therefore contribute to the protection of the marine environment and in particular to the achievement of good environmental status by 2020 at the latest , as set out in article 1 of directive 2008 / 56 / ec of the european parliament and the council of 17 june 2008 establishing a framework for community action in the field of marine environmental policy . ### the risks of a major offshore oil or gas accident are significant . by reducing the risk of pollution of marine waters , this regulation should therefore contribute to ensuring the protection of the marine environment and in particular to achieving or maintaining good environmental status by 2020 at the latest , as set out in article 1 of directive 2008 / 56 / ec of the european parliament and the council of 17 june 2008 establishing a framework for community action in the field of marine environmental policy .


### the marine strategy framework directive , which requires addressing the cumulative impacts from all activities on the marine environment , is the environmental pillar of the integrated maritime policy . this policy is relevant to offshore oil and gas operations as it requires linking the particular concerns from each economic sector with the general aim of a comprehensive understanding of the oceans , seas and coastal areas , with the objective to develop a coherent approach to the seas taking into account all economic , environmental and social aspects through the use of maritime spatial planning and marine knowledge . ### the marine strategy framework directive aims to address , as one of its central purposes , the cumulative impacts from all activities on the marine environment , and is the environmental pillar of the integrated maritime policy . this policy is relevant to offshore oil and gas operations as it requires the linking of particular concerns from each economic sector with the general aim to ensure a comprehensive understanding of the oceans , seas and coastal areas , with the objective of developing a coherent approach to the seas taking into account all economic , environmental and social aspects through the use of maritime spatial planning and marine knowledge .


### there is a need to clarify that holders of authorisations for offshore activities pursuant to directive 94 / 22 / ec are also potential liable ' operators ' within the meaning of directive 2004 / 35 / ec of the european parliament and the council of 21 april 2004 on environmental liability with regard to the prevention and remedying of environmental damage , and may not be entitled to delegate their responsibilities in this regard to third parties contracted by them . ### there is a need to clarify that holders of authorisations for offshore activities pursuant to directive 94 / 22 / ec are also liable ' operators ' within the meaning of directive 2004 / 35 / ec of the european parliament and the council of 21 april 2004 on environmental liability with regard to the prevention and remedying of environmental damage , and may not be entitled to delegate their responsibilities in this regard to third parties contracted by them .


### in accordance with directive 85 / 337 / eec , as amended , which applies to exploration and exploitation of oil and gas activities , projects likely to have significant effects on the environment by virtue , inter alia , of their nature , size or location are made subject to an assessment with regard to their effects and a requirement for development consent . in line with directive 85 / 337 / eec when an activity is subject to development consent an effective public participation should be provided in accordance with the united nations economic commission for europe convention on access to information , public participation in decision - making and access to justice in environmental matters ### in accordance with directive 85 / 337 / eec , as amended , which applies to exploration and exploitation of oil and gas activities , projects likely to have significant effects on the environment by virtue , inter alia , of their nature , size or location are made subject to an assessment with regard to their effects and a requirement for development consent . in line with the århus convention and directive 85 / 337 / eec when an activity is subject to development consent an effective public participation should be provided in accordance with the united nations economic commission for europe convention on access to information , public participation in decision - making and access to justice in environmental matters . members of the public concerned should have access to justice in order to contribute to the protection of the right to live in an environment which is adequate for personal health and well - being .


### in accordance with directive 85 / 337 / eec , as amended , which applies to exploration and exploitation of oil and gas activities , projects likely to have significant effects on the environment by virtue , inter alia , of their nature , size or location are made subject to an assessment with regard to their effects and a requirement for development consent . in line with directive 85 / 337 / eec when an activity is subject to development consent an effective public participation should be provided in accordance with the united nations economic commission for europe convention on access to information , public participation in decision - making and access to justice in environmental matters . ### in accordance with directive 85 / 337 / eec , as amended , which applies to exploration and exploitation of oil and gas activities , projects likely to have significant effects on the environment by virtue , inter alia , of their nature , size or location are made subject to an assessment with regard to their effects and a requirement for development consent . in line with directive 85 / 337 / eec when an activity is subject to development consent , early and effective public participation should be guaranteed in accordance with the united nations economic commission for europe convention on access to information , public participation in decision - making and access to justice in environmental matters .


### within the union , there are already examples of good standards in national regulatory practices related to offshore oil and gas activities . however , these are inconsistently applied throughout the union and no member state has yet incorporated all of the best regulatory practices in their legislation for preventing major offshore accidents or limiting their consequences to persons and the environment . best regulatory practices are to secure effective regulation on safety and environment by integrating related functions into a joint competent authority that may draw resources from one or more national agencies . ### within the union , there are already examples of good standards in national regulatory practices related to offshore oil and gas activities . however , these are inconsistently applied throughout the union and no member state has yet incorporated all of the best regulatory practices in their legislation for preventing major offshore accidents or limiting their consequences to human life and health , and the environment . best regulatory practices are necessary to deliver effective regulation which secures the highest safety standards and protects the environment , and can be achieved , inter alia by integrating related functions into a joint competent authority that may draw resources from one or more national agencies .


### after the licensed operator is granted rights to explore for , or extract oil and gas , the competent authority should be legally empowered and adequately resourced by the member state to take enforcement action , including cessation of operations in order to attain suitable workers and environment protection . ### after the licensed operator is granted rights to explore for , or extract oil and gas , the competent authority should be legally empowered and adequately resourced by the member state to take enforcement action , including cessation of operations in order to secure the protection of the workforce or to protect the environment or human life and health .


### the effectiveness of the competent authority in verifying adequacy of major hazard controls by the licensee or operator is directly related to the major hazard regulatory policy , systems , and expertise of the competent authority . notwithstanding the licensed operators ' rights to explore for , or extract oil and gas , the competent authority should be empowered to take enforcement action , including cessation of operations in order to attain suitable workers and environment protection . in order to perform these functions the competent authority needs adequate resources to be provided by the member state . ### the effectiveness of the competent authority in verifying the adequacy of major hazard controls by the licensee or operator is directly related to the major hazard regulatory policy , systems , and expertise of the competent authority . notwithstanding the licensed operators ' rights to explore for , or extract oil and gas , the competent authority should be empowered to take enforcement action , including cessation of operations in order to secure the protection of the workforce or to protect the environment or human life and health . in order to perform these functions the competent authority needs adequate resources to be provided by the member state .


### risk assessment in the mhr should take into account risk to the environment , including the impacts climatic conditions and climate change have on the long term resilience of the installations ; and given that offshore oil and gas activities in one member state can have significant adverse environmental effects in another member state , it is necessary to establish and apply specific provisions in accordance with the convention on environmental impact assessment in a transboundary context . ### risk assessment in the mhr should take into account risks to human life and health , and the environment , including the impact of climatic conditions and climate change on the long term resilience of the installations ; and given that offshore oil and gas activities in one member state can have significant adverse environmental effects in another member state , it is necessary to establish and apply specific provisions in accordance with the unece convention on environmental impact assessment in a transboundary context .


### to facilitate public confidence in the authority and integrity of eu wide offshore activity , member states should provide reports of activity and incidents and shall inform the commission of major accidents without delay , and the commission should publish reports periodically on levels of eu activity and trends in safety and environment performance of the offshore sector . ### to facilitate public confidence in the authority and integrity of eu wide offshore activity , member states should provide reports of activity and incidents and shall , without delay , inform the commission , and any other member state whose territory or waters are affected , and the public concerned , of major accidents , and the commission should publish reports periodically on levels of eu activity and trends in the safety and environmental performance of the offshore sector .


### the implementation of the obligations under this regulation should consider that marine waters covered by the sovereignty or jurisdiction of member states form an integral part of the four marine regions identified in the article 4 of directive 2008 / 56 , namely the baltic sea , the north - east atlantic ocean , the mediterranean sea and the black sea . for this reason , coordination should be strengthened with third countries having sovereignty or jurisdiction over waters in such marine regions . appropriate cooperation frameworks include regional sea conventions , as defined in article 3 of directive 2008 / 56 . ### the implementation of the obligations under this regulation should consider that marine waters covered by the sovereignty or jurisdiction of member states form an integral part of the four marine regions identified in the article 4 of directive 2008 / 56 , namely the baltic sea , the north - east atlantic ocean , the mediterranean sea and the black sea . for this reason , coordination should be strengthened with third countries having sovereignty or jurisdiction over waters in such marine regions . appropriate cooperation frameworks include regional sea conventions , as provided for in article 3 and article 4 of directive 2008 / 56 .


### in relation to the mediterranean sea , in conjunction to the current regulation , the necessary actions are being undertaken for the accession of the european union to the protocol for the protection of the mediterranean sea against pollution resulting from exploration and exploitation of the continental shelf and the seabed and its subsoil to the convention for the protection of the marine environment and the coastal region of the mediterranean , which was approved by council decision 77 / 585 / eec . ### in relation to the mediterranean sea , and in addition to the obligations contained in this regulation , the necessary action has or is being undertaken to secure the accession of the european union to the protocol for the protection of the mediterranean sea against pollution resulting from exploration and exploitation of the continental shelf and the seabed and its subsoil to the convention for the protection of the marine environment and the coastal region of the mediterranean , which was approved by council decision 77 / 585 / eec .


### the serious environmental concerns relating to the arctic waters , a neighbouring marine environment of particular importance for the community , require special attention to ensure the environmental protection of the arctic in relation to any offshore activities , including exploration . ### the serious environmental concerns and vulnerability relating to the unique arctic waters , a neighbouring marine environment of particular importance for the community which plays an important role in mitigating climate change , require special attention to ensure the environmental protection of the arctic . as long as an effective response to any accident in the arctic conditions cannot be guaranteed , member states should refrain from authorising offshore activities , including exploration , in the area .


### the serious environmental concerns relating to the arctic waters , a neighbouring marine environment of particular importance for the community , require special attention to ensure the environmental protection of the arctic in relation to any offshore activities , including exploration . ### the arctic waters are a neighbouring marine environment of unique and exceptional importance to the european union . it is evident that serious and potentially irreversible damage is occurring to the environment and fragile ecosystem of the arctic waters . special attention therefore requires to be paid to ensure the protection of the environment of the arctic in relation to any offshore activities , including in particular , exploration activities .


### this regulation shall apply without prejudice to directives 85 / 337 / ec , 2008 / 1 / ec and directive 2003 / 4 / ec . ### this regulation shall apply without prejudice to directives 85 / 337 / ec , 2008 / 1 / ec , 2003 / 4 / ec and directive 2001 / 42 / ec .


### this regulation shall apply without prejudice to directives 85 / 337 / ec , 2008 / 1 / ec and directive 2003 / 4 / ec . ### this regulation shall apply without prejudice to directives 2011 / 92 / eu , 2008 / 1 / ec and directive 2003 / 4 / ec .


### ' industry ' shall mean : private companies that are directly involved in offshore oil and gas activities pursuant to this regulation or whose activities are closely related to those operations ; ### ' industry ' shall mean : private or public companies that are directly involved in offshore oil and gas activities pursuant to this regulation or whose activities are closely related to those operations ;


### ' licensee ' shall mean : the holder of authorisation to carry out offshore operation pursuant to directive 94 / 22 / ec ; ### ' licensee ' shall mean : the holder of an authorisation to carry out offshore oil and gas operations pursuant to directive 94 / 22 / ec ;


### ' non - production installation ' shall mean : an installation other than a production installation used both for exploratory drilling and as a support installation for production ; ### ' non - production installation ' shall mean : an installation other than a production installation used both for exploratory drilling and as a support installation for production of oil and gas ;


### ' offshore oil and gas operations ' shall mean : all activities related to exploring for , producing or processing of oil and gas offshore . this includes transport of oil and gas through offshore infrastructure connected to an installation or subsea installation ; ### ' offshore oil and gas operations ' shall mean : all activities related to exploring for , producing or processing of oil and gas offshore or to the decommissioning of an offshore oil or gas installation . this includes transport of oil and gas through offshore infrastructure connected to an installation or subsea installation ;


### ‘ production of oil and gas’ shall mean : extraction , for commercial purposes , of oil and gas from the underground strata of the licensed area including offshore processing of oil and gas and its transportation through connected infrastructure including pipes and structures and well heads on the sea bed and / or storing gas in subsurface formations for the purposes of recovering the gas ; ### ' production of oil and gas ' shall mean : extraction , for commercial purposes , of oil , gas , shale gas and methane hydrate from the underground strata of the licensed area including offshore processing and transportation through connected infrastructure including pipes and structures and well heads on the sea bed and / or storing gas in subsurface formations for the purposes of recovering the gas ;


### ' production of oil and gas ' shall mean : extraction , for commercial purposes , of oil and gas from the underground strata of the licensed area including offshore processing of oil and gas and its transportation through connected infrastructure including pipes and structures and well heads on the sea bed and / or storing gas in subsurface formations for the purposes of recovering the gas ; ### ' production of oil and gas ' shall mean : extraction , for commercial purposes , of oil and gas from the offshore underground strata of the licensed area including offshore processing of oil and gas and its transportation through connected infrastructure including pipes and structures and well heads on the sea bed and / or storing gas in subsurface formations for the purposes of recovering the gas ;


### ' relevant authority ' shall mean : primary emergency responder organisation of a member state , responsible for initiating the emergency response to a major offshore oil and gas accident ; ### ' relevant authority ' shall mean : primary emergency responder organisation of a member state , responsible for initiating and coordinating the emergency response to a major offshore oil and gas accident ;


### ' well operation ' shall mean : the drilling of a well for exploration or production purposes , including suspension of operations , repairing or modifying wells , permanent abandonment , or any operation concerning a well that can result in the accidental release of fluids or risk of major accident ; ### ' well operation ' shall mean : the drilling of a well for exploration or production purposes , including suspension of operations , repairing , modifying , sealing or closure of wells , permanent abandonment , or any operation concerning a well that can result in the accidental release of fluids or risk of major accident ;


### ‘ well operator’ shall mean : the person appointed by the licensee to plan and execute a well operation . ### ‘ well operator’ shall mean : the person appointed to plan and execute a well operation .


### in particular , when assessing the technical and financial capacity of the entities that apply for authorisation for offshore oil and gas activities , due account shall be taken of the risk , hazards and any other relevant information related to the area concerned and the particular stage of exploration and production operations and also of the applicants ' financial capacities , including any financial security and capacity to cover liabilities potentially deriving from offshore oil and gas activities in question , in particular liability for environmental damages . ### in particular , when assessing the technical and financial capacity of the entities that apply for authorisation for offshore oil and gas activities , due account shall be taken of all risks , hazards and any other relevant information related to the area concerned and the particular stage of exploration and production operations , the capacity of operators to apply best practices in the field and also of the applicants ' financial capacities , including any financial security and capacity to cover liabilities potentially deriving from offshore oil and gas activities in question , in particular liability for environmental damages .


### in particular , when assessing the technical and financial capacity of the entities that apply for authorisation for offshore oil and gas activities , due account shall be taken of the risk , hazards and any other relevant information related to the area concerned and the particular stage of exploration and production operations and also of the applicants ‘ financial capacities , including any financial security and capacity to cover liabilities potentially deriving from offshore oil and gas activities in question , in particular liability for environmental damages . ### in particular , when assessing the technical and financial capacity of the entities that apply for authorisation for offshore oil and gas activities , due account shall be taken of the risk , hazards and any other relevant information related to the area concerned and the particular stage of exploration and production operations and also of the applicants ‘ financial capacities , including any financial security and capacity to cover all liabilities potentially deriving from offshore oil and gas activities in question , in particular liability for environmental damages . worldwide corporate responsibility regarding accidents or incidents in which the applicant was involved , including the transparency and effectiveness of any response measures shall also be taken into account .


### member states shall ensure that the public shall be given early and effective opportunities to participate in procedures concerning licensing procedures in their jurisdiction in accordance with the requirements of annex i to this regulation . the procedures shall be those laid down in annex ii of directive 2003 / 35 / ec . ### member states shall ensure that the public shall be given early and effective opportunities to participate in procedures concerning licensing and authorisation procedures for offshore oil and gas activities in their jurisdiction in accordance with the requirements of annex i to this regulation . the procedures shall be those laid down in annex ii of directive 2003 / 35 / ec .


### member states shall ensure that the public shall be given early and effective opportunities to participate in procedures concerning licensing procedures in their jurisdiction in accordance with the requirements of annex i to this regulation . the procedures shall be those laid down in annex ii of directive 2003 / 35 / ec . ### member states shall ensure that the public shall receive , as early as possible , information about applications for licensing authorisations covered by article 4 and be given early and effective opportunities to participate in procedures concerning licensing procedures in their jurisdiction in accordance with the requirements of annex i to this regulation . the procedures shall be those laid down in annex ii of directive 2003 / 35 / ec .


### installations shall only be operated in licensed areas by licensees , or entities they contract and appoint for that purpose and that are approved by member states . ### installations shall only be operated in licensed areas by licensees , or entities they contract and appoint for that purpose and that are approved by the competent authority of the member states concerned .


### performing inspections , conducting investigations and taking enforcement action ; ### overseeing or performing inspections , conducting investigations and taking enforcement action ;


### subject to the transitional provisions in article 39 , the operator of a production or a non - production installation shall submit to the competent authority the following documents : ### subject to the transitional provisions in article 38 the operator of a production or a non - production installation shall submit to the competent authority the following documents :


### where significant modifications are made to the production installation , or it is intended to dismantle the installation , the major hazard report for a production installation shall be amended in accordance with annex ii , part 6 and submitted to the competent authority . ### where significant modifications are made to the production installation , or it is intended that the installation be dismantled and / or decommissioned , the major hazard report for a production installation shall be amended in accordance with annex ii , part 6 and submitted to the competent authority .


### where significant modifications are made to the non - production installation , or it is intended to dismantle the installation , the major hazard report for a non - production installation shall be amended in accordance with annex ii , part 6 and submitted to the competent authority . ### where significant modifications are made to the non - production installation , or it is intended that the installation be dismantled and / or decommissioned , the major hazard report for a non - production installation shall be amended in accordance with annex ii , part 6 and submitted to the competent authority .


### operators shall ensure that the findings and comments of the independent well examiner pursuant to this article under paragraph 3 are included in the well notification pursuant to article 13 . ### operators shall ensure that the findings and comments of the independent well examiner pursuant to this article under paragraph 3 as well as responses and actions taken by the operator in response to the findings of the independent verifier are included in the well notification pursuant to article 13 .


### where measures are taken as referred in paragraph 2 to this article , the operator shall , without delay , notify the competent authority accordingly . ### where paragraph 2 applies , the operator shall , without delay , notify the competent authority accordingly of the measures it has taken to secure compliance with the requirements laid down in paragraph 1 .


### the competent authority shall develop annual plans for effective oversight , including inspections , of major hazard activities based on risk and paying particular regard to , and verifying , compliance with the documents submitted to it pursuant to article 9 , and shall monitor its effectiveness and shall take any necessary measures to effect improvements thereto . ### the competent authority shall develop and prepare annual plans for effective oversight of major hazard activities . those plans shall make provision for regular monitoring and inspection of such activities . those plans shall also be risk - based and pay particular regard to verifying compliance with the documents submitted to it pursuant to article 9 . the effectiveness of the plans shall be regularly reviewed and the competent authority shall take any necessary measures to effect improvements thereto .


### competent authorities shall establish procedures for allowing anonymous reporting of safety and / or environmental concerns related to offshore oil and gas operations . competent authorities shall also establish procedures to investigate these reports while maintaining anonymity of the individuals concerned . ### the competent authorities shall establish procedures for allowing anonymous reporting of safety or environmental , concerns relating to the offshore oil and gas operations covered by this regulation . competent authorities shall also establish procedures to investigate these reports whilst ensuring that the anonymity of the individuals concerned is maintained .


### operators shall communicate details of the national arrangements pursuant to paragraph 1 to their employees , and to employees to relevant subcontractors , and ensure that reference to anonymous reporting is included in relevant training and notices . ### operators shall communicate details of the national arrangements established by the competent authorities pursuant to paragraph 1 , to their employees , and to the employees of any relevant subcontractors , and shall ensure that reference to anonymous reporting is included in relevant training and notices and in an employee ' s contract of employment .


### the information pursuant annex vi shall be made publicly available without a need for request pursuant to applicable provisions of union legislation on access to environmental information . ### the information under article 22 to 25 and annex vi shall be made publicly available by the competent authority without a need for request in accordance with directive 2003 / 4 / ec of the european parliament and of the council of 28 january 2003 on public access to environmental information .


### immediately following a major accident , the operator shall notify the competent authority of relevant information , including the circumstances of the accident , and its consequences . ### immediately following a major accident , the operator shall notify the competent authority of all relevant information , including the circumstances of the accident , and its consequences . if the accident may affect the territory of another member state , the competent authority of the member state in whose waters or on whose territory the accident took place shall without delay , inform the competent authority of the concerned member state and the public concerned about the accident and the steps being taken to limit damage to the environment and human health .


### member states shall conduct thorough investigations of major accidents involving significant damage or involving major loss of assets . the report of the investigation shall include an assessment of the effectiveness of the competent authority ' s regulation of the installation concerned in the time preceding the accident and recommendations for adequate changes to the relevant regulatory practices where needed . ### member states shall conduct thorough investigations of major accidents involving significant damage or involving major loss of assets . the report of the investigation shall include an assessment of the effectiveness of the competent authority ' s oversight of the installation concerned in the time preceding the accident and recommendations for adequate changes to the relevant regulatory practices where needed .


### member states shall prepare external emergency plans covering all offshore oil and gas installations and potentially affected areas within their jurisdiction . ### member states shall prepare external emergency response plans covering all offshore oil and gas installations or connected infrastructure and potentially affected areas within their jurisdiction . the external emergency response plans shall specify the role of operators in the external emergency response , and the operators ' liability regarding the costs of external emergency response .


### the operator shall immediately notify the relevant authorities of a major accident or of a situation with immediate risk of major accident . where necessary , relevant authorities shall assist the operator concerned with a view to preventing escalation of the risk or accident . ### the operator shall immediately notify the relevant authorities of a major accident , including its origin and possible impacts on the environment and human life and health , or of a situation with an immediate risk of a major accident . where necessary , relevant authorities shall assist the operator concerned with a view to preventing escalation of the risk or accident .


### the environmental status of the marine waters concerned , as defined in directive 2008 / 56 / ec , in so far as particular aspects of the environmental status of the marine environment are not already addressed through directive 2000 / 60 / ec ; ### the environmental status of the marine waters concerned , as defined in article 3 of directive 2008 / 56 / ec , in so far as particular aspects of the environmental status of the marine environment are not already addressed through directive 2000 / 60 / ec ;


### a description of the installation and the conditions at its intended location ; ### a description of the installation and the conditions at its intended location , including any potential physical , geographical , meteorological or environmental limitations for operation at this location ;


### a description of the aspects of the environment likely to be significantly affected , an assessment of the identified potential environmental effets , in particular releases of pollutants to the environment , and a description of the technical and non - technical measures envisaged to prevent , reduce or offset them , including monitoring . ### a description of the aspects of the environment likely to affected , an assessment of the identified potential environmental effects , in particular releases of chemicals , other hazardous substances and pollutants to the environment , and a description of the technical and non - technical measures envisaged to prevent , reduce or offset them , including monitoring .


### a description of the aspects of the environment likely to be significantly affected , an assessment of the identified potential environmental effets , in particular releases of pollutants to the environment , and a description of the technical and non - technical measures envisaged to prevent , reduce or offset them , including monitoring . ### a description of the aspects of the environment likely to be affected , an assessment of the identified potential environmental effects , in particular releases of chemicals , other hazardous substances and pollutants to the environment , and a description of the technical and non - technical measures envisaged to prevent , reduce or offset them , including monitoring .


### details of environmental conditions that have been taken into account within the internal emergency plan for the installation ; ### details of environmental conditions that have been incorporated into the internal emergency plan for the installation ;


### details of the provisions for emergency response including in the case of a major accident to the environment that are not described in the major hazards report , and ; ### details of the provisions for emergency response - including in the case of a major accident or incident affecting the environment or human health - that are not described in the major hazards report , and ;


### he is sufficiently independent of a management system which has , or has had , any responsibility for any aspect of a component in the independent scheme of verification or well examination so as to ensure he will be objective in carrying out his functions within the scheme ; ### he is independent of a management system which has , or has had , any responsibility for any aspect of a component in the independent scheme of verification or well examination so as to ensure he will be objective in carrying out his functions within the scheme ;


### an assessment of the availability of emergency response equipment and adequacy of procedures to effectively put it in use ; ### an assessment of the availability and sufficiency of emergency response equipment and adequacy of procedures to effectively put it in use , including oil spill response gap analysis where relevant ;


### operators shall ensure that hazardous substances are at all times contained within the pipelines , vessels and systems intended for their safe confinement . in addition , operators shall ensure that no single failure of a barrier to loss of containment can lead to a major hazard incident . ### operators shall ensure that chemicals and other hazardous substances are at all times contained within the pipelines , vessels and systems intended for their safe confinement . in addition , operators shall ensure that no single failure of a barrier to loss of containment can lead to a major hazard incident which affects in particular the environment or human life or health .


### a description of the equipment and the resources available ; ### a description of the equipment and the resources available , including for capping any potential spill ;


### arrangements that coordinate with the recovery arrangements described in the major hazards report for example as described in annex ii , part , and part to secure a good prospect of survival for persons on the installation during a major accident ; ### arrangements that coordinate with the recovery arrangements described in the major hazards report for example as described in annex ii , part , and part to secure a good prospect of survival for persons on the installation and minimise environmental damage during a major accident ;


### arrangements that coordinate with the recovery arrangements described in the major hazards report for example as described in annex ii , part , and part to secure a good prospect of survival for persons on the installation during a major accident ; ### arrangements that coordinate with the recovery arrangements described in the major hazards report for example as described in annex ii , part , and part to minimise environmental damage and to secure a good prospect of survival for persons on the installation during a major accident ;


### where importers consider or have reason to believe that a vehicle , system , component or separate technical unit is not in conformity with the requirements of this regulation , in particular does not correspond to its type - approval , they shall not sell or register the vehicle , system , component or separate technical unit until it has been brought into conformity . furthermore , where they consider or have reason to believe that the vehicle , system , component or separate technical unit presents a risk , they shall inform the manufacturer , the market surveillance and approval authorities to that effect . ### where importers consider or have reason to believe that a vehicle , system , component or separate technical unit is not in conformity with the requirements of this regulation , in particular does not correspond to its type - approval , they shall contact the competent authorities and shall not sell or register the vehicle , system , component or separate technical unit until they have received confirmation from the competent authorities that it is in conformity with this regulation . furthermore , where they consider or have reason to believe that the vehicle , system , component or separate technical unit presents a risk , they shall inform the manufacturer , the market surveillance and approval authorities to that effect .


### where distributors consider or have reason to believe that a vehicle , system , component or separate technical unit is not in conformity with the requirements of this regulation , they shall not sell or register the vehicle , system , component or separate technical unit and shall prevent its entry into service until it has been brought into conformity . ### where distributors consider or have reason to believe that a vehicle , system , component or separate technical unit is not in conformity with the requirements of this regulation , they shall contact the competent authorities and shall not sell or register the vehicle , system , component or separate technical unit until they have received confirmation from the competent authorities that it is in conformity with this regulation and shall prevent its entry into service until it has been brought into conformity .


### in article 51 , the following subparagraph is added : ' for 2014 , the ceilings for the direct payments referred to in articles 52 and 53 shall be identical to the ceilings determined for 2013 , multiplied by a coefficient to be calculated for each member state concerned by dividing the national ceiling for 2014 set out in annex viii by the national ceiling for 2013 . this multiplication shall only apply to member states where the national ceiling set out in annex viii for 2014 is lower than the national ceiling for 2013 . ' ### in article 51 the following subparagraphs are added : ʻfor 2014 , the ceilings for the direct payments referred to in articles 52 and 53 shall be identical to the ceilings determined for 2013 , multiplied by a coefficient to be calculated for each member state concerned by dividing the national ceiling for 2014 set out in annex viii by the national ceiling for 2013 . this multiplication shall only apply to member states where the national ceiling set out in annex viii for 2014 is lower than the national ceiling for 2013 . by way of derogation from the previous paragraph , the member states may decide , before the . . . * , that for 2014 , the ceilings for the direct payments referred to in articles 52 and 53 shall be identical to the ceilings determined for 2013 . the commission shall be notified of this decision on or before the date set out in the subparagraph in question . ’ __________________ * oj please insert the date seven days from the date of entry into force of this regulation .


### super - credits ### super - credits and financial incentives


### in respect of the period 1 january 2014 and every calendar year thereafter , the commission shall impose an excess emissions premium on a manufacturer or pool manager , as appropriate , where a manufacturer ' s average specific emissions of co2 exceed its specific emissions target . ### in respect of the period 1 january 2014 and every calendar year thereafter , the commission shall be strict by imposing an excess emissions premium on every manufacturer or pool manager , as appropriate , where a manufacturer ' s average specific emissions of co2 exceed its specific emissions target .


### the commission shall by 31 december 2012 , adopt detailed provisions for a procedure to approve such innovative technologies in accordance with the regulatory procedure referred to in article 13 . those detailed provisions shall be based on the following criteria for innovative technologies : ### the commission shall by 31 december 2012 , adopt detailed provisions for a procedure to approve such innovative technologies in accordance with the regulatory procedure referred to in article 13 . those detailed provisions shall be in accordance with the provisions established in article 12 of regulation no 443 / 2009 and be based on the following criteria for innovative technologies :


### by 31 october 2016 , and every three years thereafter , measures shall be adopted to amend annex i to adjust the figure m0 , referred to therein , to the average mass of new light commercial vehicles in the previous three calendar years . ### by 31 october 2016 , and every three years thereafter , measures shall be adopted to amend annex i to adjust the figure m0 , referred to therein , to the average mass of new light commercial vehicles registered in the previous three calendar years .


### the specific emissions of co2 ; ### the specific emissions of co2 and the share of emissions reduction as a result of innovative technologies in accordance with article 11 ;


### draft legislative resolution ### stresses that point 47 of the interinstitutional agreement of 17 may 2006 between the european parliament , the council and the commission on budgetary discipline and sound financial management should apply for the extension of the mandate for the european banking authority ; emphasises that any decision of the legislative authority in favour of such an extension shall be without prejudice to the decisions of the budgetary authority in the context of the annual budgetary procedure ;


### draft legislative resolution ### requests the commission to present a financial statement which fully takes into account the result of the legislative agreement between the european parliament and council to meet the budgetary and staff requirements in the authority , in commission ' s services and possibly in the european central bank ;


### draft legislative resolution ### reminds the host state of the joint statement of the european parliament , the council of the eu and the european commission on decentralised agencies and its annex signed on 19 july 2012 , especially on the provisions set out in paragraphs 8 and 9 ;


### a committee should be set up at the commission with tasks which include assisting the commission when it examines the implementation and development of the guidelines laid down by this decision . ### a committee should be empowered , in particular , to assist the commission when it examines the implementation and development of the guidelines laid down by this decision .


### in the interests of clarity , the maps relating to the 10 member states listed in the 2003 act of accession in annex i to the decision should be added to the existing maps relating to the 15 countries that were members of the european union before the enlargement of 1 may 2004 , and the 2010 target date for the plan should be replaced by 2020 . this amendment was provided for in article 1 of decision no 884 / 2004 / ec and it must be made . ### in the interests of clarity , annex i of decision no 1692 / 96 / ec should be replaced with a new annex containing the maps concerning all of the member states ; this would ensure that the maps already contained in that decision as last amended by regulation no 1791 / 2006 are supplemented by those contained in the 2003 act of accession . moreover the target date for the plan is 2020 for all of the member states .


### in order to reinforce competition between credit rating agencies , to help avoiding possible conflicts of interest under the issuer - pays model , which are particularly virulent regarding the rating of structured finance instruments , and to enhance transparency and the quality of ratings for structured finance instruments , registered or certified credit rating agencies should have the right to access a list of structured finance instruments that are being rated by their competitors . the information for this rating should be provided by the issuer or a related third party for the purpose of the issuance of unsolicited competing ratings on structured finance instruments . the issuance of such unsolicited ratings should promote the use of more than one rating per structured finance instrument . access to the websites should only be granted if a credit rating agency is able to ensure the confidentiality of the requested information . ### in order to reinforce competition between credit rating agencies , to help avoiding possible conflicts of interest under the issuer - pays model , which are particularly virulent regarding the rating of structured finance instruments , and to enhance transparency and the quality of ratings for structured finance instruments , registered or certified credit rating agencies should be able to access information on structured finance instruments that are being rated by their competitors in order to be in a position to provide unsolicited ratings . the issuance of such unsolicited ratings should promote the use of more than one rating per structured finance instrument . access to the websites should only be granted if a credit rating agency is able to ensure the confidentiality of the requested information .


### esma and the competent authorities shall cooperate where it is necessary for the purposes of this regulation . ### the european supervisory authority and the competent authorities shall cooperate where it is necessary for the purposes of this regulation and of the relevant sectoral legislation .


### the competent authorities shall , without undue delay , supply the esma and each other with the information required for the purposes of carrying out their duties under this regulation . ### the competent authorities shall , without undue delay , supply the european supervisory authority and each other with the information required for the purposes of carrying out their duties under this regulation and under the relevant sectoral legislation .


### at esma ' s request , the commission may by decision impose on a credit rating agency a fine where , intentionally or negligently , the credit rating agency has committed one of the breaches listed in annex iii . ### in the event that a credit rating agency has , intentionally or negligently , committed one of the breaches listed in annex iii , the european supervisory authority shall adopt a decision imposing a fine in accordance with paragraph 2 .


### notwithstanding paragraph 2 , where the credit rating agency has directly or indirectly gained a quantifiable financial benefit from the breach , the amount of the fine has to be at least equal to that benefit . ### notwithstanding paragraph 2 , where the credit rating agency has directly or indirectly gained a quantifiable financial benefit from the breach , the amount of the fine has to be higher to that benefit .


### detailed criteria for establishing the amount of the fine ; ### the specific factors applicable to the calculation of the fine in accordance with paragraph 2 , for each of the following criteria : the duration and frequency of the infringement ; whether the infringement has revealed serious or systemic weaknesses in the credit rating agency ' s procedures or of its management systems or internal controls ; whether financial crime was facilitated , occasioned or otherwise attributable to the infringement ; the loss or risk of loss caused to investors ; the potential impact of the infringement on the ratings issued by the credit rating agency concerned ; whether the infringement was committed intentionally and deliberately , or negligently or inadvertently ; the level of benefit gained or loss avoided , or intended to be gained or avoided , either directly or indirectly ; the economic capacity of the credit rating agency or the issuer of a structured finance instrument or the related third party concerned ; whether the credit rating agency or the issuer of a structured finance instrument or the related third party ' s senior management was aware of the infringement or of a potential infringement ;


### a european state which has applied to join the union can become a member only when it has been confirmed that it meets the membership criteria agreed at the copenhagen european council in june 1993 and provided that the accession does not overstretch the capacity of the union to integrate the new member . these criteria relate to the stability of institutions guaranteeing democracy , the rule of law , respect of human rights and respect for , and protection of , minorities , the development of the economy that must be sufficient to withstand the competitive pressure in the internal market , and the ability to assume not only the rights but also the obligations under the treaties . ### a european state which has applied to join the union can become a member only when it has been confirmed that it meets the accession criteria agreed at the copenhagen european council in june 1993 and provided that the accession does not overstretch the capacity of the union to integrate the new member . these criteria relate to the stability of institutions guaranteeing democracy , the rule of law , good governance , respect of human rights and respect for , and protection of , minorities , the development of the economy that must be sufficient to withstand the competitive pressure in the internal market , and the ability to assume not only the rights but also and most importantly the obligations under the treaties .


### the accession process is based on objective criteria and the application of the principle of equal treatment of all applicant countries . progression towards accession depends on the capacity of the applicant country to undertake the necessary reforms to align its political , institutional , legal , administrative and economic systems with the rules , standards , policies and practices in the union . ### the accession process is based on objective criteria and the application of the principle of equal treatment of all applicant countries . progression towards accession depends on the capacity of the applicant country to undertake the necessary reforms to align its political , institutional , legal , administrative and economic systems with the principles , rules , standards , policies and practices in the union .


### assistance under this regulation should be provided in accordance with the enlargement policy framework defined by the union for each beneficiary country reflected in the annual enlargement package of the commission , which includes the progress reports and the enlargement strategy , in the stabilisation and association agreements and in the european or accession partnerships . assistance should mainly focus on a limited number of policy areas that will help beneficiary countries strengthen democratic institutions and the rule of law , reform the judiciary and public administration , respect fundamental rights and promote gender equality and non - discrimination . it should also enhance their economic and social development , underpinning a smart , sustainable and inclusive growth agenda in line with the europe 2020 strategy and to align progressively with the copenhagen criteria . the coherence between the financial assistance and the overall progress made in the implementation of the pre - accession strategy should be strengthened . ### assistance under this regulation should be provided in accordance with the enlargement policy framework defined by the union for each beneficiary country reflected in the annual enlargement package of the commission , which includes the progress reports and the enlargement strategy , in the stabilisation and association agreements and in the european or accession partnerships . assistance should mainly focus on a limited number of policy areas that will help beneficiary countries strengthen democratic institutions and the rule of law , reform the judiciary and public administration , respect fundamental rights and promote gender equality and non - discrimination . it should also enhance their economic and social development , underpinning a smart , sustainable and inclusive growth agenda in line with the europe 2020 strategy and to align fully with the copenhagen criteria . the coherence between the financial assistance and the overall progress made in the implementation of the pre - accession strategy should be strengthened .


### promotion and protection of human rights and fundamental freedoms , enhanced respect for minority rights , promotion of gender equality , non - discrimination and freedom of the press , and promotion of good neighbourly relations ; ### promotion and protection of human rights and fundamental freedoms , enhanced respect for minority rights , promotion of gender equality and religious freedom , non - discrimination and freedom of the press , the media and the internet and promotion of good neighbourly relations ;


### the development of civil society and social dialogue ; ### the development of civil society and the launching and strengthening of the social dialogue ;


### the development of physical capital , the improvement of connections with union and regional networks . ### the protection of natural resources , the sustainable management of rare earth metals , the development of physical capital , nuclear safety , the improvement of connections with union and regional networks .


### a trading venue that has shares admitted to trading shall establish procedures that ensure that natural or legal persons executing orders on the trading venue mark sell orders as short orders if the seller is entering into a short sale of the share . the trading venue shall publish at least daily a summary of the volume of orders marked as short orders . ### a trading venue that has securities admitted to trading or an investment firm which executes orders on behalf of clients of for own accounts in those instruments outside a trading venue shall establish procedures that ensure that natural or legal persons executing orders on the trading venue or through the investment firm are in a position to mark sell orders as short orders if the seller is entering into a short sale of the securities . the trading venue or the investment firm shall publish at least daily a summary of the volume of orders marked as short orders .


### articles 8 and 12 shall not apply to the activities of a natural or legal person when , acting as an authorised primary dealer pursuant to an agreement with an issuer of sovereign debt , it is dealing as principal in a financial instrument in relation to primary or secondary market operations relating to the sovereign debt . ### article 8 shall not apply to the activities of a natural or legal person when , acting as an authorised primary dealer pursuant to an agreement with an issuer of sovereign debt , it is dealing as principal in a financial instrument in relation to primary or secondary market operations relating to the sovereign debt .


### the union is committed to implement the resolutions adopted by the general assembly of the united nations , in particular resolutions 61 / 105 and 64 / 72 , which call on states and regional fisheries management organisations to ensure the protection of vulnerable deep - sea marine ecosystems from the destructive impact of bottom fishing gears , as well as the sustainable exploitation of deep - sea fish stocks . ### the union is committed to implement the resolutions adopted by the general assembly of the united nations , in particular resolutions 61 / 105 and 64 / 72 , which call on states and regional fisheries management organisations to ensure the protection of vulnerable deep - sea marine ecosystems from the impact of bottom fishing gears , as well as the sustainable exploitation of deep - sea fish stocks .


### in order to maintain necessary reductions in fishing capacity achieved so far in deep - sea fisheries , it is appropriate to provide that fishing for deep - sea species is subject to a fishing authorisation which limits the capacity of vessels eligible to land deep - sea species . with a view to focus management measures on the part of the fleet most relevant for deep - sea fisheries , the fishing authorisations should be issued according to target or by - catch fishery . ### in order to maintain necessary reductions in fishing capacity achieved so far in deep - sea fisheries , and to focus management measures on the most relevant part of the fleet for deep sea fisheries , it is appropriate to provide that fishing for deep - sea species is subject to a fishing authorisation which limits the capacity of vessels eligible to fish deep - sea species in a targeted manner . it is however necessary that fishing licenses are also delivered for bycatch fishing of deep - sea species , considering that all these fishing activities are likely to occur in areas where deep water vulnerable marine ecosystems may be present , and that they should be protected against the adverse effects that may have these activities , including those using bottom gears . however , the council and parliament regulation no xxx / 2013 from xxx 2013 on the common fisheries policy defines a goal of eliminating discards that also apply to deep - sea species . the novelty of this new requirement should be taken into account so that vessels incidentally capturing deep - sea species and which are not currently subjected to a licensing regime for fishing , are not totally deprived of the opportunity to continue their traditional fishing activities .


### vessels targeting deep - sea species with other bottom gear should not extend their range of operation according to their authorisation within union waters , unless expansion can be assessed as not carrying a significant risk of negative impact on vulnerable marine ecosystems . ### vessels targeting deep - sea species with other bottom gear should not extend the range of operation specified in their authorisation within union waters , unless , following an assessment in accordance with the 2008 fao international guidelines for the management of deep - sea fisheries in the high seas , the extension is proven not to carry a significant risk of negative impact on vulnerable marine ecosystems .


### scientific advice concerning certain fish stocks found in the deep - sea indicates that these stocks are particularly vulnerable to exploitation , and that fishing for these stocks should be limited or reduced as a precautionary measure . fishing opportunities for deep - sea stocks should not go beyond those levels which are scientifically advised as precautionary . in the case of advice being absent for lack of sufficient information about stocks or species , no fishing opportunities should be allocated . ### scientific advice concerning certain fish stocks found in the deep - sea indicates that these stocks are particularly vulnerable to exploitation , however there have been quantified improvements in some stocks such as the roundnose grenadier , blue ling and black scabbardfish . fishing opportunities for deep - sea stocks should not go beyond those levels which are scientifically advised as precautionary . in the case of advice being absent for lack of sufficient information about stocks or species , no fishing opportunities should be allocated .


### to ensure the sustainable exploitation of deep - sea species while minimising the impact of deep - sea fishing activities on the marine environment ; ### to ensure the conservation and the sustainable management of target and non - target deep - sea species while preventing , minimising , and where possible eliminating , the impact of deep - sea fishing activities on the marine environment , and in particular on vulnerable marine ecosystems , by applying the precautionary and ecosystem approaches to fisheries management ;


### union waters of international council for the exploration of the sea sub - areas ii to xi and of fishery committee for the eastern central atlantic areas 34 . 1 . 1 , 34 . 1 . 2 and 34 . 2 , ### union waters of international council for the exploration of the sea sub - areas ii to xi and of fishery committee for the eastern central atlantic areas 34 . 1 . 1 , 34 . 1 . 2 and 34 . 2 , including the fishing activities or intended fishing activities carried out by fishing vessels flying the flag of , and registered in , third countries ,


### ‘ maximum sustainable yield’ means the maximum catch that may be taken from a fish stock indefinitely . ### ' maximum sustainable yield ' means the largest long - term average catch or yield that may be taken from a stock under prevailing ecological and environmental conditions .


### fishing activities targeting deep - sea species carried out by a union fishing vessel , shall be subject to a fishing authorisation , which shall indicate deep - sea species as the target species . ### fishing activities targeting deep - sea species carried out by a union fishing vessel , shall be subject to a fishing authorisation , issued by the flag member state , which shall indicate deep - sea species as the target species .


### the vessel ' s master records in the logbook a percentage of deep - sea species equal or superior to 10% of the overall catch weight in the fishing day concerned . ### the vessel ' s master records in the logbook a percentage of the species defined in annex i which is equal or superior to 25% of the overall catch weight in the fishing trip concerned .


### the vessel ' s master records in the logbook a percentage of deep - sea species equal or superior to 10 % of the overall catch weight in the fishing day concerned . ### the vessel ' s logbook records a percentage of deep - sea species equal or superior to 10 % of the overall catch weight during any fishing day in the previous calendar year .


### fishing activities not targeting deep - sea species but catching deep - sea species as a by - catch , carried out by a union fishing vessel , shall be subject to a fishing authorisation , which shall indicate deep - sea species as by - catch . ### fishing activities carried out by a union fishing vessel that is not deemed to target deep - sea species in accordance with paragraph 2 above , but that catches them as by - catch shall be subject to a fishing authorisation issued by the flag member state , which shall indicate deep - sea species as by - catch .


### the aggregate fishing capacity measured in gross tonnage and in kilowatt of all fishing vessels holding a fishing authorisation issued by a member state , allowing the catch of deep - sea species , whether as target or by - catch species , shall at no time exceed the aggregate fishing capacity of vessels of that member state which have landed 10 tonnes or more of deep - sea species during any of the two calendar years preceding the entry into force of this regulation , whichever year provides the higher figure . ### the aggregate fishing capacity measured in gross tonnage and in kilowatt of all fishing vessels holding a fishing authorisation issued by a member state , allowing the targeted catch of deep - sea species as defined in article 4 shall at no time exceed the aggregate fishing capacity of vessels of that member state which have landed 10 tonnes or more of deep - sea species during any of the calendar years 2009 - 2011 , whichever year provides the higher figure .


### the aggregate fishing capacity measured in gross tonnage and in kilowatt of all fishing vessels holding a fishing authorisation issued by a member state , allowing the catch of deep - sea species , whether as target or by - catch species , shall at no time exceed the aggregate fishing capacity of vessels of that member state which have landed 10 tonnes or more of deep - sea species during any of the two calendar years preceding the entry into force of this regulation , whichever year provides the higher figure . ### the aggregate fishing capacity of all fishing vessels holding a fishing authorisation issued by a member state , allowing the catch of deep - sea species , whether as target or by - catch species , shall at no time exceed the aggregate fishing capacity of vessels of that member state which have landed 10 tonnes or more of deep - sea species during 2009 - 2011


### each application for a fishing authorisation allowing for the catch of deep - sea species whether as target or by - catch species , and for its renewal shall be accompanied by a description of the area where it is intended to conduct fishing activities , the type of gears , the depth range at which the activities will be deployed , and of the individual species targeted . ### each application for a fishing authorisation allowing for the catch of deep - sea species within areas of existing fishing activities , and for its renewal shall be accompanied by a description of the area where it is intended to conduct fishing activities , the type of gears , the depth range at which the activities will be deployed , and of the relevant species .


### each application for a fishing authorisation allowing for the catch of deep - sea species whether as target or by - catch species , and for its renewal shall be accompanied by a description of the area where it is intended to conduct fishing activities , the type of gears , the depth range at which the activities will be deployed , and of the individual species targeted . ### each application for a fishing authorisation allowing for the catch of deep - sea species whether as target or by - catch species , and for its annual renewal shall be accompanied by a description of the area where it is intended to conduct fishing activities , the type and the quantity of gears , the depth range at which the activities will be deployed , the individual species targeted and the potential by - catch species , as well as the intended frequency and duration of the fishing activity . this information shall be made publicly available .


### in addition to the requirements set out in article 6 , each application for a fishing authorisation for targeted deep sea fisheries , as referred to in article 4 , that allows the use of bottom gears in union waters as referred to in article 2 , shall be accompanied by a detailed fishing plan specifying : ### in addition to the requirements set out in article 6 , each application for an authorisation for fishing deep - water stocks that allows for the use of bottom gears in union waters as defined in article 2 , or in waters under neafc jurisdiction as referred to in article 2 , shall :


### the locations of the intended activities targeting deep - sea species in the deep - sea m&#233 ; tier . the location shall be defined by coordinates in accordance with the world geodetic system of 1984 ; ### list the bottom - sea gear that will be used ;


### any fishing authorisation issued on the basis of an application made in accordance with paragraph 1 shall specify the bottom gear to be used and limit the fishing activities authorised to the area in which the intended fishing activity , as set out in paragraph 1 , and the existing fishing activity , as set out in paragraph 1 , overlap . however , the area of the intended fishing activity can be extended beyond the area of the existing fishing activity if the member state has assessed and documented , based on scientific advice , that such extension would not have significant adverse impacts on vulnerable marine ecosystems . ### without prejudice to article 7 , fishing activities that are to take place in waters defined in paragraph 1 but that are defined as new fishing areas in the meaning of article 3 paragraph 2b shall be subject to a fishing authorisation . applications for such authorisations shall include a detailed project for the exploratory fishing activity that follows the neafc guidelines outlined in annex iia . applications will be accepted if it can be shown that the activity described will have no harmful effects on vulnerable marine ecosystems .


### fishing authorisations referred to in article 4 for vessels using bottom trawls or bottom - set gillnets shall expire at the latest two years after the entry into force of this regulation . after that date , fishing authorisations targeting deep - sea species with those gears shall neither be issued nor renewed . ### fishing authorisations referred to in article 4 for vessels using bottom trawls or bottom - set gillnets shall expire at the latest two years after the entry into force of this regulation . after that date , fishing authorisations may be issued or renewed only after a case - by case evaluation has been made , based on the best scientific information available and an assessment of the impact on traditional fleets fishing for these resources .


### fishing opportunities shall be fixed at a rate of exploitation of the deep - sea species concerned that is consistent with maximum sustainable yield . ### fishing opportunities shall be fixed at a rate of exploitation of the deep - sea species concerned that is consistent with maximum sustainable yield . when rules in this area are drawn up , the best scientific information available shall be used as a basis and mutual assistance and permanent dialogue between advisory councils , fishing associations and member states in the regions concerned should be promoted .


### fishing opportunities shall be fixed at a rate of exploitation of the deep - sea species concerned that is consistent with maximum sustainable yield . ### subject to article 10a , by 2015 , fishing opportunities for deep - sea species shall be fixed in accordance with fishing mortality rates that : allow stocks to recover , as soon as biologically possible and , by 2020 at the latest , above levels that are capable of producing the maximum sustainable yield ; and allow all healthy and recovered stocks to be maintained at these levels ; contribute to achieving and maintaining a good environmental status in the union ' s marine environment by 2020 .


### the council , acting in accordance with the treaty , may decide to switch from the fixing of annual fishing opportunities for deep - sea species in terms of both fishing effort limits and catch limits to the fixing of only fishing effort limits for specific fisheries . ### subject to article 10 , the council , acting in accordance with the treaty , may decide to fix annual fishing opportunities for deep - sea species in terms of both fishing effort limits and catch limits .


### the specific deep - sea m&#233 ; tier to which the fishing effort limit applies by reference to the regulated gear , the species targeted and the ices zones or cecaf areas within which the allowed effort may be deployed ; and ### the specific deep - sea m&#233 ; tier to which the fishing effort limit applies by reference to the regulated type and amount of gear , the species targeted , the depth , and the ices zones or cecaf areas within which the allowed effort may be deployed ;