### rapporteurs rely for their assessment on the scientific evaluation and resources of national marketing authorisation bodies , whilst it is the responsibility of the agency to coordinate the existing scientific resources put at its disposal by the member states . in view of that and to ensure adequate resources for the scientific assessments relating to the union - wide pharmacovigilance procedures , the agency should remunerate the scientific assessment services provided by the rapporteurs appointed by member states as members of the pharmacovigilance risk assessment committee referred to in article 56 of regulation no 726 / 2004 or , where relevant , by rapporteurs in the coordination group referred to in article 27 of directive 2001 / 83 / ec . the level of remuneration for the work carried out by those rapporteurs should be based on average estimations of the workload involved and should be taken into account in setting the level of the fees for union - wide pharmacovigilance procedures . ### rapporteurs rely for their assessment on the scientific evaluation and resources of national marketing authorisation bodies , whilst it is the responsibility of the agency to coordinate the existing scientific resources put at its disposal by the member states . in view of that and to ensure adequate resources for the scientific assessments relating to the union - wide pharmacovigilance procedures , the agency should remunerate the scientific assessment services provided by the rapporteurs appointed by member states as members of the pharmacovigilance risk assessment committee referred to in article 56 of regulation no 726 / 2004 or , where relevant , by rapporteurs in the coordination group referred to in article 27 of directive 2001 / 83 / ec . however , in order to ensure that activities linked to union - wide pharmacovigilance procedures are only connected with the need to ensure patient safety , the rapporteur of a referral should not be the member state which asked for that referral . concerning the level of remuneration for the work carried out by rapporteurs and co - rapporteurs , the payment should be based on clear and transparent invoices , which provide a precise indication of the number of working hours spent on each assessment by the rapporteur and the co - rapporteur and of the related costs , and should be taken into account in setting the level of the fees for union - wide pharmacovigilance procedures .


### fees should be levied on a fair basis on all marketing authorisation holders . therefore , a single chargeable unit should be established irrespective of the procedure under which the medicinal product has been authorised , either under regulation no 726 / 2004 or under directive 2001 / 83 / ec and the way in which authorisation numbers are assigned by the member states . the individual entries corresponding to authorisations in the database referred to in article 57 of regulation no 726 / 2004 based on information from the list of all medicinal products for human use authorised in the union referred to in article 57 thereof meet this objective . ### fees should be levied on a fair basis on all marketing authorisation holders . therefore , a single chargeable unit should be established irrespective of the procedure under which the medicinal product has been authorised , either under regulation no 726 / 2004 or under directive 2001 / 83 / ec and the way in which authorisation numbers are assigned by the member states . establishing the unit at the level of active ingredient and pharmaceutical form based on information included in the database referred to in article 57 of regulation no 726 / 2004 meets this objective .


### this regulation determines the activities performed at union level for which fees are due , the amounts and the rules of payment of those fees and the level of remuneration of the rapporteurs . ### this regulation determines the activities performed at union level for which fees are due , the amounts and the rules of payment of those fees and the level of remuneration of the rapporteurs and the co - rapporteurs .


### where a fee is levied by the agency in accordance with paragraph 1 , the agency shall remunerate the rapporteur in the pharmacovigilance risk assessment committee appointed by the member state or the rapporteur in the coordination group for the work they carry out for the agency or the coordination group . this remuneration shall be paid in accordance with article 9 . ### where a fee is levied by the agency in accordance with paragraph 1 , the agency shall remunerate the rapporteur and the co - rapporteur in the pharmacovigilance risk assessment committee appointed by the member state or the rapporteur in the coordination group for the work they carry out for the agency or the coordination group . this remuneration shall be paid in accordance with article 9 .


### the agency shall levy a fee for post - authorisation safety studies referred to in article 21 a or article 22a of directive 2001 / 83 / ec and article 9 or article 10a of regulation no 726 / 2004 for the assessment thereof carried out under articles 107n to 107q of directive 2001 / 83 / ec and article 28b of regulation no 726 / 2004 . ### the agency shall levy a fee for post - authorisation safety studies referred to in article 21a or article 22a of directive 2001 / 83 / ec and article 9 or article 10a of regulation no 726 / 2004 that have been conducted in more than one member states for the assessment thereof carried out under articles 107n to 107q of directive 2001 / 83 / ec and article 28b of regulation no 726 / 2004 .


### for its pharmacovigilance activities relating to information technology systems under article 24 , article 25a , article 26 , article 57 of regulation no 726 / 2004 , monitoring of selected medical literature under article 27 thereof and signal detection under article 28a thereof , the agency shall levy once per year a flat fee as laid down in part iv of the annex . ### for its pharmacovigilance activities relating to information technology systems under article 24 , article 25a , article 26 , article 57 of regulation no 726 / 2004 , monitoring of selected medical literature under article 27 thereof and signal detection under article 28a thereof , the agency shall levy once a flat fee as laid down in part iv of the annex .


### for its pharmacovigilance activities relating to information technology systems under article 24 , article 25a , article 26 , article 57 of regulation no 726 / 2004 , monitoring of selected medical literature under article 27 thereof and signal detection under article 28a thereof , the agency shall levy once per year a flat fee as laid down in part iv of the annex . ### for its pharmacovigilance activities relating to information technology systems under article 24 , article 25a , article 26 , article 57 of regulation no 726 / 2004 and monitoring of selected medical literature under article 27 thereof , the agency shall levy once per year a flat fee as laid down in part iv of the annex .


### payment of remuneration by the agency to rapporteurs ### payment of remuneration by the agency to rapporteurs and co - rapporteurs


### the agency shall remunerate rapporteurs in accordance with article 3 in the following cases : where the member state has appointed a member of the pharmacovigilance risk assessment committee who acts as rapporteur for the assessment of periodic safety update reports referred to in article 4 ; where the member state has appointed a representative in the coordination group who acts as rapporteur in the context of the assessment of periodic safety update reports referred to in article 4 ; where the member state has appointed a member of the pharmacovigilance risk assessment committee who acts as rapporteur for the assessment of post - authorisation safety studies referred to in article 5 ; where the member state has appointed a member of the pharmacovigilance risk assessment committee who acts as rapporteur for the referrals referred to in article 6 . ### the agency shall remunerate rapporteurs and co - rapporteurs in accordance with article 3 in the following cases : where the member state has appointed a member of the pharmacovigilance risk assessment committee who acts as rapporteur for the assessment of periodic safety update reports referred to in article 4 ; where the coordination group has appointed a member state who acts as rapporteur in the context of the assessment of periodic safety update reports referred to in article 4 ; where the member state has appointed a member of the pharmacovigilance risk assessment committee who acts as rapporteur for the assessment of post - authorisation safety studies referred to in article 5 ; where the member state has appointed a member of the pharmacovigilance risk assessment committee who acts as rapporteur for the referrals referred to in article 6 .


### the remuneration provided for in paragraph 1 shall be paid only after the final assessment report for a recommendation which is intended for adoption by the pharmacovigilance risk assessment committee has been made available to the agency . ### the remuneration provided for in paragraph 1 shall be paid only after the final assessment report for a recommendation which is intended for adoption by the pharmacovigilance risk assessment committee has been made available to the agency . this report shall be submitted in a fully and workable version translated into the working language of the agency .


### if the purpose of the payment cannot be established , the agency shall set a deadline by which the marketing authorisation holder shall notify it in writing of the purpose of the payment . if the agency does not receive a notification of the purpose of the payment before expiry of the deadline , the payment shall be considered invalid and the amount concerned shall be refunded to the marketing authorisation holder . ### if the purpose of the payment cannot be established and notified in writing to the agency within 30 days , the payment shall be considered invalid and the amount concerned shall be refunded to the marketing authorisation holder .


### draft legislative resolution ### underlines that the provisions of point 47 of the iia shall be applied for the setting - up of the agency ; stresses that , should the legislative authority decide in favour of setting up such an agency , parliament will enter into negotiations with the other arm of the budgetary authority with a view to coming to a timely agreement on the financing of this agency in line with the relevant provisions of the iia ;


### in order to guarantee its full autonomy and independence , the authority should be granted an autonomous budget with revenues mainly from obligatory contributions from national supervisory authorities and from the general budget of the european union . the community budgetary procedure should be applicable as far as the community contribution is concerned . the auditing of accounts should be undertaken by the court of auditors . ### in order to guarantee its full autonomy and independence , the authority should be granted an autonomous budget with revenues mainly from obligatory contributions from national supervisory authorities and from the general budget of the european union . the financing of the authority by the european union is subject to an agreement by the budgetary authority as foreseen in 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 the community budgetary procedure should be applicable . the auditing of accounts should be undertaken by the court of auditors ;


### a subsidy from the community , entered in the general budget of the european union ; ### a subsidy from the community , entered in the general budget of the european union ; the financing of the authority by the european union is subject to an agreement by the budgetary authority as foreseen in point 47 of the interinstitutional agreement of 17 may 2006 on budgetary discipline and sound financial management ;


### the european parliament , following a recommendation from the council acting by qualified majority , shall , before 15 may of the year n + 2 , grant a discharge to the authority for the implementation of the budget for the financial year n . ### the european parliament , following a recommendation from the council acting by qualified majority , shall , before 15 may of the year n + 2 , grant a discharge to the authority for the implementation of the budget consisting of revenues from the general budget of the european union and national supervisory authorities for the financial year n .


### draft legislative resolution having regard to the treaty on the functioning of the european union , and in particular article 325 thereof , ### having regard to the treaty on the functioning of the european union , and in particular article 83 thereof ,


### without prejudice to other obligations under union law , there is a need for appropriate provision to be made for cooperation between member states and the commission to ensure effective action against the criminal offences defined in this directive affecting the union ' s financial interests , including exchange of information between the member states and the commission . ### without prejudice to other obligations under union law , there is a need for appropriate provision to be made for cooperation between member states and the commission to ensure effective action against the criminal offences defined in this directive affecting the union ' s financial interests , including exchange of information between the member states , eurojust , and the commission .


### for the purposes of this directive , ‘ the union ' s financial interests’ means all revenues and expenditures covered by , acquired through , or due to : ### for the purposes of this directive , ‘ the union ' s financial interests’ means all the assets and liabilities managed by or on behalf of the union and its institutions , bodies and agencies ; and all its financial operations , including borrowing and lending activities , as well as , in particular , all revenues and expenditures covered by , acquired through , or due to :


### member states shall take the necessary measures to ensure that any provision of information , or failure to provide such information , to contracting or grant awarding entities or authorities in a public procurement or grant procedure involving the union ' s financial interests , by candidates or tenderers , or by persons responsible for or involved in the preparation of replies to calls for tenders or grant applications of such participants , when committed intentionally and with the aim of circumventing or skewing the application of the eligibility , exclusion , selection or award criteria , is punishable as a criminal offence . ### member states shall take the necessary measures to ensure that any provision of information , or failure to provide such information , to contracting or grant awarding entities or authorities in a public procurement or grant procedure involving the union ' s financial interests , by candidates or tenderers , or by persons responsible for or involved in the preparation of replies to calls for tenders or grant applications of such participants , when committed intentionally and with the aim of circumventing or skewing the application of the eligibility , exclusion , selection or award criteria , or of distorting or destroying the natural competition among bidders , is punishable as a criminal offence .


### member states shall take the necessary measures to ensure that the intentional act by a public official to commit or disburse funds , or appropriate or use assets , contrary to the purpose for which they were intended and with the intent to damage the union ' s financial interests , is punishable as a criminal offence . ### member states shall take the necessary measures to ensure that misappropriation , when committed intentionally , is punishable as a criminal offence . for the purposes of this directive , misappropriation shall consist of an act by a public official to commit or disburse funds , or appropriate or use assets , contrary to the purpose for which they were intended , and which damages the union ' s financial interests .


### member states shall take the necessary measures to ensure that inciting , aiding or abetting the criminal offences referred to in title ii is punishable as a criminal offence . ### member states shall take the necessary measures to ensure that inciting , aiding or abetting the commission of any of the criminal offences referred to in articles 3 and 4 is punishable as a criminal offence .


### member states shall take the necessary measures to ensure that an attempt to commit the criminal offence referred to in article 3 or in article 4 , paragraph 4 , is punishable as a criminal offence . ### member states shall take the necessary measures to ensure that an attempt to commit any of the criminal offences referred to in article 3 and in article 4 , is punishable as a criminal offence .


### member states shall take the necessary measures to ensure that legal persons can be held liable for any of the criminal offences referred to in title ii committed for their benefit by any person , acting either individually or as part of an organ of the legal person , and having a leading position within the legal person , based on : ### member states shall take the necessary measures to ensure that legal persons can be held liable for any of the criminal offences referred to in articles 3 , 4 and 5 committed for their benefit by any person , acting either individually or as part of an organ of the legal person , and having a leading position within the legal person , based on :


### member states shall also take the necessary measures to ensure that legal persons can be held liable where the lack of supervision or control by a person referred to in paragraph 1 has made possible the commission , of any of the criminal offences referred to in title ii for the benefit of that legal person by a person under its authority . ### member states shall also take the necessary measures to ensure that legal persons can be held liable where the lack of supervision or control by a person referred to in paragraph 1 has made possible the commission , of any of the criminal offences referred to in articles 3 , 4 and 5 for the benefit of that legal person by a person under its authority .


### liability of a legal person under paragraphs 1 and 2 shall not exclude criminal proceedings against natural persons who are perpetrators of the criminal offences referred to in title ii or criminally liable under article 5 . ### liability of a legal person under paragraphs 1 and 2 shall not exclude criminal proceedings against natural persons who are perpetrators of the criminal offences referred to in articles 3 and 4 or criminally liable under article 5 .


### in cases of minor offences involving damages of less than eur 10 , 000 and advantages of less than eur 10 , 000 and not involving particularly serious circumstances , member states may provide instead for other than criminal penalties . ### in cases of offences involving damages of less than eur 5 000 and advantages of less than eur 5 000 and not involving aggravating circumstances , member states may provide instead for sanctions other than criminal penalties .


### paragraph 1 shall be without prejudice to the exercise of disciplinary powers by the competent authorities against public officials . ### paragraph 1 shall be without prejudice to the exercise of disciplinary powers by the competent authorities against public officials , as defined in article 4 .


### member states shall take the necessary measures to ensure that the criminal offences referred to in title ii shall be punishable by a maximum penalty of at least 10 years of imprisonment where the offence was committed within a criminal organisation in the sense of framework decision 2008 / 841 . ### member states shall take the necessary measures to ensure that the criminal offences referred to in articles 3 , 4 and 5 shall be punishable by a maximum penalty of at least 10 years of imprisonment where the offence was committed within a criminal organisation within the meaning of framework decision 2008 / 841 .


### member states shall take the necessary measures to establish their jurisdiction over the criminal offences referred to in title ii where : the offence is committed in whole or in part within their territory ; or the offender is one of their nationals . ### member states shall take the necessary measures to establish their jurisdiction over the criminal offences referred to in articles 3 , 4 and 5 where : the offence is committed in whole or in part within their territory ; the offender is one of their own nationals or is resident in their territory ; or the offender is subject to the staff regulations of the european union or the conditions of employment of other servants of the european union .


### this directive shall be without prejudice to the recovery of sums unduly paid in the context of the commission of the criminal offences referred to in title ii . ### this directive shall be without prejudice to the recovery of sums unduly paid in the context of the commission of the criminal offences referred to in articles 3 , 4 and 5 . member states shall take the necessary measures to ensure the prompt recovery of such sums and their transfer to the union budget , without prejudice to the relevant union sector - specific rules on financial corrections and recovery of amounts unduly spent . member states shall also keep regular records of the sums recovered and inform the relevant union institutions or bodies about those sums , or of the reasons for which they could not be recovered .


### the member states and the commission shall cooperate with each other in the fight against the criminal offences referred to in title ii . to that end the commission shall lend such technical and operational assistance as the competent national authorities may need to facilitate coordination of their investigations . ### without prejudice to the rules on cross - border cooperation and mutual legal assistance in criminal matters , the member states , eurojust and the commission , shall , within their respective competences , cooperate with each other in the fight against the criminal offences referred to in articles 3 , 4 and 5 . to that end , the commission and , where appropriate eurojust , shall lend such technical and operational assistance as the competent national authorities may need to facilitate coordination of their investigations .


### the labelling of pyrotechnic articles shall include as a minimum the name and address of the manufacturer or , where the manufacturer is not established in the union , the name of the manufacturer and the name and address of the importer , the name and type of the article , the registration number , the minimum age limits set out in article 7 and , the relevant category and instructions for use , the year of production for category 3 and 4 fireworks and , where appropriate , a minimum safety distance . the labelling shall include the net explosive content . ### the labelling of pyrotechnic articles shall include as a minimum the name and address of the manufacturer or , where the manufacturer is not established in the union , the name of the manufacturer and the name and address of the importer , if appropriate by the use of the web address of the importer and / or the manufacturer , the name and type of the article , the registration number , the minimum age limits set out in article 7 and , the relevant category and instructions for use , the year of production for category 3 and 4 fireworks and , where appropriate , a minimum safety distance . the labelling shall include the net explosive content .


### a conformity assessment body , its top level management and the personnel responsible for carrying out the conformity assessment tasks shall not be the designer , manufacturer , supplier , installer , purchaser , owner , user or maintainer of pyrotechnic articles and / or explosive substances which they assess . this shall not preclude the use of pyrotechnic articles and / or explosive substances that are necessary for the operations of the conformity assessment body or the use of such products for personal purposes . ### a conformity assessment body , its top level management and the personnel responsible for carrying out the conformity assessment tasks shall not be the designer , manufacturer , supplier , installer , purchaser , owner , user or maintainer of pyrotechnic articles and / or explosive substances . this shall not preclude the use of pyrotechnic articles and / or explosive substances that are necessary for the operations of the conformity assessment body or the use of such products for personal purposes .


### member states shall adopt and publish by 3 july 2013 , at the latest , the laws , regulations and administrative provisions necessary to comply with articles 3 , 3 , 3 , 3 to , 4 , 5 , 8 to , 11 to 15 , 17 to 28 , 30 to 34 , 36 , 37 , 38 to 41 , 46 , 47 and annexes i and ii&#160 ; . they shall forthwith communicate to the commission the text of those provisions and a correlation table between those provisions and this directive . ### member states shall adopt and publish , up to a maximum of 3 years after the adoption of this directive , the laws , regulations and administrative provisions necessary to comply with articles 3 , 3 , 3 , 3 to , 4 , 5 , 8 to , 11 to 15 , 17 to 28 , 30 to 34 , 36 , 37 , 38 to 41 , 46 , 47 and annexes i and ii . they shall forthwith communicate to the commission the text of those provisions and a correlation table between those provisions and this directive .


### in order to enhance consistency and comparability of non - financial information disclosed throughout the union , companies should be required to include in their annual report a non - financial statement containing information relating to at least environmental matters , social and employee - related matters , respect for human rights , anti - corruption and bribery matters . such statement should include a description of the policies , results , and the risks related to those matters . ### in order to enhance consistency and comparability of non - financial information disclosed throughout the union , companies should be required to include in their annual report a non - financial statement containing information relating to at least environmental matters , social and employee - related matters , respect for human rights , anti - corruption and bribery matters . such statement should include a description of the policies , results , and the risks related to those matters ; it should also cover the companies ' supply chain and its subcontractors .


### the shortcomings highlighted in the implementation reports of the two directives concern mainly admission conditions , rights , procedural safeguards , students ' access to the labour market during studies , intra - union mobility provisions as well as a lack of harmonization , as coverage of some groups , such as volunteers , school pupils and unremunerated trainees was left optional to member states . subsequent wider consultations have also pointed to the need for better job - seeking possibilities for researchers and students and better protection of au - pairs and remunerated trainees which are not covered by the current instruments . ### the shortcomings highlighted in the implementation reports of the two directives on third - country nationals concern mainly admission conditions , rights , procedural safeguards , students ' access to the labour market during studies , intra - union mobility provisions as well as a lack of a minimum level of harmonization , as coverage of some groups , such as volunteers , school pupils and unremunerated trainees was left optional to member states . subsequent wider consultations have also pointed to the need for better job - seeking possibilities for researchers and students and better protection of au - pairs and remunerated trainees which are not covered by the current instruments .


### in order to make the union more attractive for third - country national researchers , family members of researchers , as defined in council directive 2003 / 86 / ec of 22 september 2003 on the right to family reunification , should be admitted with them . they should benefit from intra - union mobility provisions and they should also have access to the labour market . ### in order to make the union more attractive for highly educated and qualified third - country national researchers , supporting the unity of family members of the researchers is essential ; family members of researchers should be able to enjoy as defined in council directive 2003 / 86 / ec of 22 september 2003 , the right of family reunification and intra - union mobility provisions . access to the labour market granted to family members of eligible third - country nationals should be met without prejudice to member states’ competence to regulate it , taking into account the situation of their labour markets . member states are encouraged to introduce integration conditions and measures , such as language learning . however , the right to family reunification should not be granted as an extra incentive encouraging a brain drain in the third - countries of origin .


### where appropriate , member states should be encouraged to treat phd candidates as researchers . ### traditional avenues of admission , such as employment and traineeship , should be maintained for doctoral students carrying out research as students ; under special circumstances , namely when their academic expertise in specific research areas could be of added value for eu programs for innovation and growth , these doctoral students could be treated by member states as researchers .


### authorisations should mention the status of the third - country national concerned , and the respective union programmes including mobility measures . member states may indicate additional information in paper format or electronically , provided this does not amount to additional conditions . ### authorisations should mention the legal and marital status of the third - country national concerned , possible employment contracts , unremunerated traineeship offers , nature of studies and voluntary work agreed as well as the respective union research or other programmes including mobility measures . member states may indicate additional information in paper format or electronically , provided this does not amount to additional conditions .


### the intra - union mobility of third - country national researchers , students and remunerated trainees should be facilitated . for researchers , this directive should improve the rules relating to the period for which the authorisation granted by the first member state should cover stays in a second member state without requiring a new hosting agreement . improvements should be made regarding the situation of students , and the new group of remunerated trainees , by allowing them to stay in a second member state for periods lasting between three and six months , provided that they fulfil the general conditions laid down in this directive . for third - country national trainees coming to the union as intra - corporate transferees , specific intra - union mobility provisions designed according to the nature of their transfer should apply in accordance with [ directive 2013 / xx / eu on intra - corporate transfers ] . ### for researchers , this directive should improve the rules regarding the possibility of extension of the explicitly defined period for which the authorisation granted by the first member state could cover stays in a second member state without requiring a new hosting agreement ; this would require however the assent of the new member state provided that such an extension was included in the original employment contract as part of the specific needs of the research program followed . improvements should be made regarding the situation of students , and the new group of remunerated trainees , by allowing them to stay in a second member state for clearly defined periods lasting between three and six months , provided that they fulfil the general conditions laid down in this directive and that adequate measures are in place to avoid possible risks of abuses . for third - country national trainees coming to the union as intra - corporate transferees , specific intra - union mobility provisions designed according to the nature of their transfer should apply in accordance with [ directive 2013 / xx / eu on intra - corporate transfers ] .


### as part of the drive to ensure a well - qualified workforce for the future , member states should allow students who graduate in the union to remain on their territory with the intention to identify work opportunities or to set up a business for 12 months after expiry of the initial authorisation . . they should also allow researchers to do so upon completion of their research project as defined in the hosting agreement . this should not amount to an automatic right of access to the labour market or to set up a business . they may be requested to provide evidence in accordance with article 24 . ### in order to enhance the attractiveness of member states as a destination for study , and as part of the drive to ensure a well - qualified workforce for the future , member states should allow students who graduate in the union to remain on their territory with the intention to identify work opportunities or to set up a business for 12 months after expiry of the initial authorisation . . they should also allow researchers to do so upon completion of their research project as defined in the hosting agreement . this should not amount to an automatic right of access to the labour market or to set up a business . they may be requested to provide evidence in accordance with article 24 .


### as part of the drive to ensure a well - qualified workforce for the future , member states should allow students who graduate in the union to remain on their territory with the intention to identify work opportunities or to set up a business for 12 months after expiry of the initial authorisation . they should also allow researchers to do so upon completion of their research project as defined in the hosting agreement . this should not amount to an automatic right of access to the labour market or to set up a business . they may be requested to provide evidence in accordance with article 24 . ### as part of the drive to ensure a well - qualified workforce for the future , member states should have the discretion to allow students who graduate in the union to remain on their territory with the intention to identify work opportunities or to set up a business for 6 months after expiry of the initial authorisation . they should also be able to allow researchers to do so upon completion of their research project depending on the hosting agreement , the employment contract and the conditions in the labour market of the individual member state . this should not mean an automatic right of access to the labour market or to set up a business but a decision resting on the member states under certain preconditions , and the request to provide evidence in accordance with article 24 .


### ‘ remunerated trainee’ means a third - country national who has been admitted to the territory of a member state for a training period in return for which he / she receives remuneration in accordance with the national legislation of the member state concerned ; ### ' remunerated trainee ' means a third - country national with previous relevant education or qualifications , who is an employee in training for career development purposes , working under an employment contract and who has been admitted to the territory of a member state for a training period in return for which he / she receives remuneration in accordance with the national legislation of the member state concerned or applicable collective agreement ;


### ' au pair ' means a third - country national who is temporarily received by a family in the territory of a member state in exchange for light housework and taking care of children in order to improve his / her linguistic skills and his / her knowledge of the host country ; ### ' au pair ' means a young third - country adult aged 18 to 30 years , who is temporarily received by a host family in the territory of a member state , for a defined period of time during which , he / she improves his / her education , linguistic skills and cultural knowledge of the host country , in exchange for minor household work and as child minding .


### ‘ remuneration’ means the payment , whatever form it takes , received in consideration for the services performed and being considered under national legislation or established practice as a constituent element of an employment relationship ; ### ' remuneration ' means the wage or salary and any other consideration , whether in cash or in kind , which a worker receives directly in respect of his employment from his employer and which is equivalent to the services performed and being considered under national legislation or applicable collective agreement or established practice as a constituent element of an employment relationship ;


### ‘ employment’ means the exercise of activities covering whatever form of labour or work regulated under national law or established practice for and under the direction and supervision of an employer ; ### ' employment ' means the exercise of activities covering a form of labour or work regulated under national law or applicable collective agreement or established practice for and under the direction and supervision of an employer ; it signifies a legal contract between two parties , the employer and the employee , through which reciprocal rights and obligations are created between the employee and the employer ;


### present a hosting agreement signed with a research organisation in accordance with article 9 and article 9 ; ### present a valid hosting agreement , including a valid work contract or a binding job offer as a researcher , provided for in national law , and signed with a research organisation in accordance with article 9 and article 9 ;


### member states may accept , in accordance with their national legislation , an application submitted when the third - country national concerned is already in their territory . ### member states may accept , in accordance with their national legislation , an application submitted when the third - country national concerned is already in their territory for the purpose of completing his / her doctoral degree .


### member states shall determine whether applications for authorisations are to be made by the researcher or by the research organisation concerned . ### applications for authorisations are to be made by the research organisation concerned in full cooperation and agreement with the prospective researcher .


### specific conditions for trainees ### specific conditions for unremunerated or remunerated trainees


### have signed a training agreement , approved if need be by the relevant authority in the member state concerned in accordance with its national legislation or administrative practice , for a placement with a public - or private - sector enterprise or vocational training establishment recognised by the member state in accordance with its national legislation or administrative practice . ### provide evidence of a signed training agreement or employment contract , approved if need be by the relevant authority in the member state concerned in accordance with its national legislation or administrative practice , for a placement with a public - or private - sector enterprise or vocational training establishment recognised by the member state in accordance with its national legislation or administrative practice .


### produce an agreement between the au - pair and the host family defining his / her rights and obligations , including specifications about the pocket money to be received and adequate arrangements allowing him / her to attend courses , and participation in day - to - day family duties . ### present a legally binding employment contract which states the rights and contractual obligations of the au pair and the host family , on the basis of that the au pair receives board and lodging in exchange of services such as light household work and childcare in the host family and agreement between the au - pair and the host family clearly defining his / her rights and obligations , including specifications about the pocket money allowance to be received , adequate arrangements allowing him / her to attend courses , including the grant of at least one full free day per week , and participation in day - to - day family duties , indicating the maximum hours per day which may be dedicated to the participation in such duties .


### by way of derogation from article 12 of directive 2011 / 98 / eu , third - country national researchers shall be entitled to equal treatment with nationals of the host member state as regards branches of social security , including family benefits , as defined in regulation no 883 / 2004 on the coordination of social security schemes . ### by way of derogation from article 12 and 12 of directive 2011 / 98 / eu , third - country national researchers and students shall be entitled to equal treatment with nationals of the host member state as regards education and vocational training and branches of social security , including family benefits , as defined in regulation no 883 / 2004 on the coordination of social security schemes .


### after finalisation of research or studies in the member state , third - country nationals shall be entitled to stay on the territory of the member state for a period of 12 months in order to look for work or set up a business , if the conditions laid down in points and to of article 6 are still fulfilled . in a period of more than 3 and less than 6 months , third - country nationals may be requested to provide evidence that they continue to seek employment or are in the process of setting up a business . after a period of 6 months , third - country nationals may additionally be requested to provide evidence that they have a genuine chance of being engaged or of launching a business . ### any possible provision for extending the residence status of researchers and students after the finalisation of their actual activities in the member state , for which a residence permit has been granted should be optional and remain at member states’ absolute competency together with the duration of this period . member states are advised to consider an extension for a period of 6 months for these third - country nationals in order to look for work or set up a business , if the conditions laid down in points and to of article 6 are still fulfilled . in a period of more than 3 and less than 6 months , third - country nationals may be requested to provide evidence that they continue to seek employment or are in the process of setting up a business . after a period of 6 months , third - country nationals may additionally be requested to provide evidence that they have a genuine chance of being engaged or of launching a business .


### for periods exceeding three months , but not exceeding six months , a third - country national who has been admitted as a student or as a remunerated trainee under this directive shall be allowed to carry out part of his / her studies / traineeship in another member state provided that before his or her transfer to that member state , he / she has submitted the following to the competent authority of the second member state : ### for periods exceeding three months , but not exceeding six months , a third - country national who has been admitted as a student , or as a remunerated trainee or as a researcher under this directive may be allowed to carry out part of his / her studies / traineeship in another member state provided that before his or her transfer to that member state , he / she has submitted the following to the competent authority of the second member state for validation and approval :


### when a researcher moves to a second member state in accordance with articles 26 and 27 , and when the family was already constituted in the first member state , the members of his family shall be authorised to accompany or join him . ### when a researcher moves to a second member state in accordance with articles 26 and 27 , and when the family was already constituted in the first member state , the members of his / her family shall be authorised to accompany or join him / her , according to case - by - case analysis .


### member states may require applicants to pay fees for the processing of applications in accordance with this directive . the amount of such fees shall not endanger the fulfilment of its objectives . ### member states may require applicants to pay fees for the processing of applications in accordance with this directive . the level of such fees shall not be excessive and disproportionate to their financial status / capacity , especially for the unremunerated categories , such as trainees and au pairs .


### be operationally independent of any payment service provider ; ### be independent of any payment service provider ;


### use plain language and , where relevant , the terms referred to in article 3 , paragraph 5 ; ### use plain language and , as applicable , the union standardised terminology referred to in article 3 , paragraph 5 ;


### member states shall ensure that fees , if any , applied by the transferring payment service provider to the consumer for the termination of the payment account held with it are determined in accordance with article 45 of directive 2007 / 64 / ec . ### member states shall ensure that no fees are applied by the transferring payment service provider to the consumer for the termination of the payment account held with it .


### member states shall ensure that fees , if any , applied by the transferring or the receiving payment service provider to the consumer for any service provided under article 10 , other than those referred to in paragraphs 1 to 3 , shall be appropriate and in line with the actual costs of that payment service provider . ### member states shall ensure that no fees are applied by the transferring or the receiving payment service provider to the consumer for any service provided under article 10 .


### member states shall ensure that any financial loss incurred by the consumer resulting from the non - compliance of a payment service provider involved in the switching process with its obligations under article 10 is refunded by that payment service provider . ### member states shall ensure that any financial loss incurred by the consumer resulting from the non - compliance of a payment service provider involved in the switching process with its obligations under article 10 is refunded by that payment service provider . the burden of proof shall rest with the payment service provider , which shall demonstrate that the conditions laid down in art 10 have been respected .


### the authorities referred to in paragraph 1 shall possess all the powers necessary for the performance of their duties . where more than one competent authority is empowered to ensure and monitor effective compliance with this directive , member states shall ensure that those authorities collaborate closely so that they can discharge their respective duties effectively . ### the authorities referred to in paragraph 1 shall possess all the powers necessary for the performance of their duties . where more than one competent authority is empowered to ensure and monitor effective compliance with this directive , member states shall ensure that those authorities collaborate closely so that they can discharge their respective duties effectively . those authorities shall closely cooperate with the competent authorities of other member states to ensure the correct and full application of the measures established in this directive .


### draft legislative resolution ### having regard to article 2 , paragraph 2 , of the kyoto protocol , approved by the council decision of 25 april 2002 concerning the approval , on behalf of the european community , of the kyoto protocol to the united nations framework convention on climate change and the joint fulfilment of commitments thereunder ,


### the financial crisis in 2007 / 2008 exposed important shortcomings in financial supervision , both in particular cases and in relation to the financial system as a whole . national supervisory models have lagged behind the integrated and interconnected reality of european financial markets , in which many financial firms operate across borders and offer financial services to businesses and consumers . the crisis exposed shortcomings in the area of cooperation , coordination , consistent application of community law and trust between national supervisors . ### the financial crisis in 2007 / 2008 exposed important shortcomings in financial supervision , both in particular cases and in relation to the financial system as a whole . nationally - based supervisory models have lagged behind the integrated and interconnected reality of european financial markets , in which many financial firms operate across borders . the crisis exposed shortcomings in the area of cooperation , coordination , consistent application of union law and trust between national supervisors .


### in order for the european system of financial supervisors to work effectively , changes to community legislation in the field of operation of the three authorities are necessary . these changes concern the definition of the scope of certain powers of the european supervisory authorities , the integration of certain powers in existing processes established in relevant community legislation and amendments to ensure a smooth and effective functioning in the context of the european system of financial supervisors . ### in order for the european system of financial supervisors to work effectively , changes to union legislation in the field of operation of the three authorities are necessary . these changes concern the definition of the scope of certain powers of the european supervisory authorities , the integration of certain powers established in union legislation and amendments to ensure a smooth and effective functioning in the context of the european system of financial supervisors .


### matters subject to technical standards should be genuinely technical , where their development requires the expertise of supervisory experts . the technical standards should determine the conditions of application of the rules included in basic instruments adopted by the european parliament and the council and , where applicable , in commission implementing measures without amending non - essential elements of those acts , inter alia by deleting some of those elements or by supplementing the act by the addition of new non - essential elements . technical standards should not therefore involve policy choices . in cases where the technical standards are designed to determine the conditions of application of a commission implementing measure , they should only be developed once the commission implementing measure has been adopted . in certain cases where at present the commission is empowered to adopt implementing measures in accordance with committee procedures pursuant to council decision 1999 / 468 / ec of 28 june 1999 laying down the procedures for the exercise of implementing powers conferred on the commission , and the content of those implementing measures is limited to determining the conditions of application of rules included in the basic instruments , which do not require further supplementing , it is appropriate for the sake of consistency to introduce the procedure for adoption of technical standards provided for in article 7 of regulations no . … / … [ eba ] , no . … / … [ esma ] , and no . … / … [ eiopa ] . ### matters subject to technical standards should be genuinely technical , where their development requires the expertise of supervisory experts . the technical standards adopted as delegated acts should further develop , specify and determine the conditions for consistent harmonisation and uniform application of the rules included in basic instruments adopted by the european parliament and the council , supplementing or amending certain non - essential elements of the legislative act . on the other hand , technical standards adopted as implementing acts cannot amend any element of legally binding union acts . technical standards should not involve policy choices .


### in order to ensure uniform application of paragraph 2 and to take account of technical developments on financial markets , the european securities and markets authority established by regulation… / …of the european parliament and of the council shall develop draft technical standards to determine the conditions of application of the implementing measures adopted by the commission according to paragraph 4 . the authority shall submit those draft technical standards to the commission by 1 january 2014 . the commission may adopt the draft technical standards referred to in the first subparagraph in accordance with the procedure laid down in article 7 of regulation . . . / . . . . [ esma ] . ### in order to ensure uniform application of paragraph 2 and to take account of technical developments on financial markets , the european securities and markets authority established by regulation… / …of the european parliament and of the council shall develop draft technical standards to determine the conditions of application of the delegated acts adopted by the commission according to paragraph 4 . the authority shall submit those draft technical standards to the commission by 1 january 2014 . the commission may adopt the draft technical standards referred to in the first subparagraph in accordance with the procedure for implementing acts pursuant to article 291 of the treaty on the functioning of the european union . '


### in article 51 , the following paragraph 5 is added : ' 5 . in order to ensure uniform application of this article , the european securities and markets authority may develop draft technical standards to determine the conditions of application of the implementing measures adopted by the commission regarding the criteria and rules referred to in points , and of paragraph 4 . the commission may adopt the draft technical standards referred to in the first subparagraph in accordance with the procedure laid down in article 7 of regulation . . . / . . . . [ esma ] . ' ### the following paragraph 5 is added : ' 5 . in order to ensure uniform application of this article , the european securities and markets authority shall develop draft technical standards to determine the conditions of application of the implementing measures adopted by the commission regarding the criteria and rules referred to in points , and of paragraph 4 . the commission may adopt the draft technical standards referred to in the first subparagraph in accordance with the procedure for implementing acts in accordance with article 291 of the treaty on the functioning of the european union . '


### in article 61 , the following paragraph 4 is added : ' 4 . in order to ensure uniform application of this article , the european securities and markets authority may develop draft technical standards to determine the conditions of application of the implementing measures adopted by the commission regarding the agreement and types of irregularities referred to in points and of paragraph 3 . the commission may adopt the draft technical standards referred to in the first subparagraph in accordance with the procedure laid down in article 7 of regulation . . . / . . . . [ esma ] . ' ### the following paragraph 4 is added : ' 4 . in order to ensure uniform application of this article , the european securities and markets authority shall develop draft technical standards to determine the conditions of application of the implementing measures adopted by the commission regarding the agreement and types of irregularities referred to in points and of paragraph 3 . the commission may adopt the draft technical standards referred to in the first subparagraph in accordance with the procedure for implementing acts in accordance with article 291 of the treaty on the functioning of the european union . '


### in article 64 , the following paragraph 5 is added : ' 5 . in order to ensure uniform application of this article , the european securities and markets authority may develop draft technical standards to determine the conditions of application of the implementing measures adopted by the commission regarding the information and procedure referred to in points and of paragraph 4 . the commission may adopt the draft technical standards referred to in the first subparagraph in accordance with the procedure laid down in article 7 of regulation . . . / . . . . [ esma ] . ' ### the following paragraph 5 is added : ' 5 . in order to ensure uniform application of this article , the european securities and markets authority shall develop draft technical standards to determine the conditions of application of the implementing measures adopted by the commission regarding the format and the manner of the information provided and procedure referred to in points and of paragraph 4 . the commission may adopt the draft technical standards referred to in the first subparagraph in accordance with the procedure for implementing acts in accordance with article 291 of the treaty on the functioning of the european union . '


### ' 7 . in order to ensure uniform application of this article , the european securities and markets authority may develop draft technical standards to determine the conditions of application of the implementing measures adopted by the commission regarding the agreement , measures and procedures referred to in points , and of paragraph 6 . the commission may adopt the draft technical standards referred to in the first subparagraph in accordance with the procedure laid down in article 7 of regulation . . . / . . . . [ esma ] . ' ### ' 7 . in order to ensure uniform application of this article , the european securities and markets authority shall develop draft technical standards to determine the conditions of application of the implementing measures adopted by the commission regarding the agreement , measures and procedures referred to in points , and of paragraph 6 . the commission may adopt the draft technical standards referred to in the first subparagraph in accordance with the procedure for implementing acts in accordace with article 291 of the treaty on the functioning of the european union . '


### in article 78 , the following paragraph 8 is added : ' 8 . in order to ensure uniform application of this article , the european securities and markets authority may develop draft technical standards for endorsement by the commission to determine the conditions of application of the implementing measures adopted by the commission regarding the information referred to in paragraph 3 . the commission may adopt the draft technical standards referred to in the first subparagraph in accordance with the procedure laid down in article 7 of regulation . . . / . . . . [ esma ] . ' ### the following paragraph 8 is added : ' 8 . in order to ensure uniform application of this article , the european securities and markets authority shall develop draft technical standards to determine the conditions of application of the implementing measures adopted by the commission according to paragraph 7 regarding the information referred to in paragraph 3 . the commission may adopt the draft technical standards referred to in the first subparagraph in accordance with the procedure for implementing acts pursuant article 291 of the treaty on the functioning of the european union '


### in article 95 , paragraph 2 is replaced by the following : ' 2 . in order to ensure uniform application of article 93 , the european securities and markets authority may develop draft technical standards to determine the conditions of application with regard to : the form and contents of a standard model notification letter to be used by ucits for the purpose of notification referred to in article 93 , including an indication as to which documents the translations refer to ; the form and contents of a standard model attestation to be used by competent authorities of member states referred to in article 93 ; the procedure for the exchange of information and the use of electronic communication between competent authorities for the purpose of notification under the provisions of article 93 . the commission may adopt the draft technical standards referred to in the first subparagraph in accordance with the procedure laid down in article 7 of regulation . . . / . . . . [ esma ] . ' ### paragraph 2 is replaced by the following : ' 2 . in order to ensure uniform application of article 93 , the european securities and markets authority shall develop draft technical standards to specify : the form and contents of a standard model notification letter to be used by ucits for the purpose of notification referred to in article 93 , including an indication as to which documents the translations refer to ; the form and contents of a standard model attestation to be used by competent authorities of member states referred to in article 93 ; the procedure for the exchange of information and the use of electronic communication between competent authorities for the purpose of notification under the provisions of article 93 . the commission may adopt the draft technical standards referred to in the first subparagraph in accordance with the procedure for implementing acts in accordance with article 291 of the treaty on the functioning of the european union . '


### in addition to the regional ceilings , the optional mandate of eur 2 000 000 000 should be activated and allocated as an envelope to support eib financing operations in the field of climate change mitigation and adaptation across the regions covered by the mandate . the eib could contribute with its expertise and resources , in close cooperation with the commission , to support public authorities as well as the private sector to address the challenge of climate change and to make the best possible use of available financing . for mitigation and adaptation projects , the resources of the eib should be complemented where possible with concessional funds available under the eu budget , through the efficient and consistent blending of grants and loans for climate change financing in the context of eu external assistance . ### in addition to the regional ceilings , the optional mandate of eur 2 000 000 000 should be activated and allocated as an envelope to support eib financing operations in the field of climate change mitigation and adaptation in and across countries covered by the mandate in implementing their climate change commitment in the framework of the united nations framework convention on climate change process . the eib could contribute with its expertise and resources , in close cooperation with the commission , to support public authorities as well as the private sector to address the challenge of climate change and to make the best possible use of available financing . for mitigation and adaptation projects , the resources of the eib should be complemented as far as possible with concessional funds available under the eu budget , through the efficient and consistent blending of grants and loans for climate change financing in the context of eu external assistance . the optional mandate should not be counted as a contribution of the eu or its member states to the ' fast - start ' funds agreed to at the unfccc conference of the parties in copenhagen in december 2009 .


### under this decision , the eib should increase its development orientation in close coordination with the commission and following the principles of the european consensus on development . this should be implemented through a number of concrete measures , in particular by reinforcing its capacity to appraise social and development aspects of projects , including human rights and conflict related risks , and by promoting local consultation . moreover , it should increase its focus on sectors where it has sound expertise from financing operations within the eu and which will further the development of the country in question , such as environmental infrastructure including water and sanitation , sustainable transportation and climate change mitigation , particularly in renewable energy . the eib should also progressively strengthen its activity in support of health and education as well as of climate change adaptation , where appropriate working in cooperation with other international finance institutions and european bilateral finance institutions . this will require access to concessional resources and a progressive increase in human resources devoted to eib external activities . eib activity should also be complementary to eu objectives and priorities relating to institution building and sector reforms . finally , the eib should define performance indicators which are linked to development aspects of the projects and their results . ### under this decision , the eib should increase its development orientation in close coordination with the commission and following the principles of the european consensus on development . this should be implemented through a number of concrete measures , in particular by reinforcing its capacity to appraise social and development aspects of projects , including human rights and conflict related risks , and by promoting local consultation with public authorities and civil society . moreover , it should increase its focus on sectors where it has sound expertise from financing operations within the eu and which will further the development of the country in question , such as environmental infrastructure including water and sanitation , sustainable transportation and climate change mitigation , particularly in renewable energy . the eib should also progressively strengthen its activity in support of health and education , particularly in the area of vocational training , as well as of climate change adaptation , where appropriate working in cooperation with other international finance institutions and european bilateral finance institutions . this will require access to concessional resources and an increase , within a reasonable period , in human resources devoted to eib external activities . eib activity should also be complementary to eu objectives and priorities relating to institution building and sector reforms . finally , the eib should define performance indicators which are linked to the economic , social and environmental development aspects of the projects and their results .


### under this decision , the eib should increase its development orientation in close coordination with the commission and following the principles of the european consensus on development . this should be implemented through a number of concrete measures , in particular by reinforcing its capacity to appraise social and development aspects of projects , including human rights and conflict related risks , and by promoting local consultation . moreover , it should increase its focus on sectors where it has sound expertise from financing operations within the eu and which will further the development of the country in question , such as environmental infrastructure including water and sanitation , sustainable transportation and climate change mitigation , particularly in renewable energy . the eib should also progressively strengthen its activity in support of health and education as well as of climate change adaptation , where appropriate working in cooperation with other international finance institutions and european bilateral finance institutions . this will require access to concessional resources and a progressive increase in human resources devoted to eib external activities . eib activity should also be complementary to eu objectives and priorities relating to institution building and sector reforms . finally , the eib should define performance indicators which are linked to development aspects of the projects and their results . ### under this decision , the eib should increase its development orientation following the principles of the european consensus on development , in close coordination with the commission and under the democratic scrutiny of the european parliament . this should be implemented through a number of concrete measures , in particular by reinforcing its capacity to appraise social and development aspects of projects , including human rights and conflict related risks , and by promoting local consultation . moreover , it should increase its focus on sectors which will further the development of the country in question , such as access to financial services for smes and micro - entities , environmental infrastructure including water and sanitation , sustainable transportation and climate change mitigation , particularly in renewable energy . the eib should also progressively strengthen its activity in support of health and education as well as of climate change adaptation , where appropriate working in cooperation with other international finance institutions and european bilateral finance institutions . this will require access to concessional resources and an increase in specialised human resources devoted to eib external activities . eib activity should also be complementary to eu objectives and priorities relating to institution building and sector reforms . finally , the eib should define performance indicators which are linked to development aspects of the projects and their results .


### with the entry into force of the lisbon treaty , the function of high representative of the union for foreign affairs and security policy , which is at the same time vice - president of the commission for external relations , has been created with the aim of increasing the impact and coherence of the eu ' s external relations . a new european external action service will be created under the authority of the high representative . there has also been a broadening and strengthening of the eu’s external relations policies in recent years . this has notably been the case for the pre - accession strategy , the european neighbourhood policy , the eu strategy for central asia , the renewed partnerships with latin america and south - east asia and the eu’s strategic partnerships with russia , china and india . it is also the case for the eu’s development policies , which have now been extended to include all developing countries . from 2007 , the eu’s external relations have also been supported by new financial instruments , i . e . the instrument for pre - accession assistance , the european neighbourhood and partnership instrument , the development cooperation instrument , the european instrument for democracy and human rights and the instrument for stability . ### with the entry into force of the lisbon treaty , the function of high representative of the union for foreign affairs and security policy , which is at the same time vice - president of the commission for external relations , has been created with the aim of increasing the impact and coherence of the eu ' s external relations . a new european external action service has been created under the authority of the high representative .


### eib activity in neighbourhood countries should take place in the framework of the european neighbourhood policy , under which the eu aims to develop a special relationship with neighbouring countries with a view to establishing an area of prosperity and good neighbourliness , founded on the values of the eu and characterised by close and peaceful relations based on co - operation . to achieve these objectives the eu and its partners implement jointly agreed bilateral action plans defining a set of priorities including on political and security issues , trade and economic matters , environmental concerns and integration of transport and energy networks . the union for the mediterranean , the eastern partnership , and the black sea synergy are multilateral and regional initiatives complementary to the european neighbourhood policy aimed at fostering co - operation between the eu and the respective group of neighbouring partner countries facing common challenges and / or sharing a common geographical environment . the union for the mediterranean supports improved socio - economic , solidarity , regional integration , sustainable development and knowledge building , underlining the need to increase financial co - operation to support regional and trans - national projects . the eastern partnership aims to create the necessary conditions to accelerate political association and further economic integration between the eu and eastern partner countries . the russian federation and the eu have a wide - ranging strategic partnership , distinct from the european neighbourhood policy and expressed through the common spaces and roadmaps . this is complemented at multilateral level by the northern dimension which provides a framework for co - operation between the eu , russia , norway and iceland . ### eib activity in neighbourhood countries should take place in the framework of the european neighbourhood policy , under which the eu aims to develop a special relationship with neighbouring countries with a view to establishing an area of prosperity and good neighbourliness , founded on the values of the eu , such as democracy , the rule of law , good governance and the respect for human rights , and characterised by close and peaceful relations based on co - operation . to achieve these objectives the eu and its partners implement jointly agreed bilateral action plans defining a set of priorities including on political and security issues , trade and economic matters , environmental concerns and integration of transport and energy networks . the union for the mediterranean , the eastern partnership , and the black sea synergy are multilateral and regional initiatives which integrate the european neighbourhood policy aimed at fostering co - operation between the eu and the respective group of neighbouring partner countries facing common challenges and / or sharing a common geographical environment . the union for the mediterranean aims to relaunch the euro - mediterranean integration process by supporting mutual economic , social and environmental development on both sides of the mediterranean , underlining the need to increase financial co - operation to support regional and trans - national projects . the union for the mediterranean supports , in particular , the creation of maritime and land highways , the de - pollution of the mediterranean , the mediterranean solar energy plan , the mediterranean business development initiative , civil protection initiatives and the euro - mediterranean university . the eastern partnership aims to create the necessary conditions to accelerate political association and further economic integration between the eu and eastern partner countries , which cannot be achieved unless all eastern partnership countries adhere to the principles of democracy , the rule of law and the respect for human rights . therefore , the scope of the eib ' s engagement with these countries should depend on their progress in those areas . the russian federation and the eu have a wide - ranging strategic partnership , distinct from the european neighbourhood policy and expressed through the common spaces and roadmaps . this is complemented at multilateral level by the northern dimension which provides a framework for co - operation between the eu , russia , norway and iceland .


### at all levels , from upstream strategic planning to downstream project development , it should be ensured that eib external financing operations comply with and support eu external policies and the high - level objectives set out in this decision . with a view to increasing the coherence of eu external actions , dialogue on policy and strategy should be further strengthened between the commission , the eeas and the eib . to the same end , there should be enhanced cooperation and early mutual exchange of information between the eib the commission at operational level . it is of particular importance to have an early exchange of views between the eib , the commission and the eeas , as appropriate , in the process of preparing programming documents in order to maximise synergies between eib activities and those implemented by the commission . ### at all levels , from upstream strategic planning to downstream project development , it should be ensured that eib external financing operations comply with and support eu external policies and the high - level objectives set out in this decision . with a view to increasing the coherence of eu external actions , dialogue on policy and strategy should be further strengthened between the commission , the eeas and the eib . in particular , the commission should have longer to examine the compliance of projects proposed by the eib with the requirements of the current mandate . to the same end , there should be enhanced cooperation and early mutual exchange of information between the eib and the commission at operational level . eib offices outside the eu should , where appropriate , be located within eu delegations in order to improve this cooperation and share operating costs . it is of particular importance to have an early exchange of views between the eib , the commission and the eeas , as appropriate , in the process of preparing programming documents in order to maximise synergies between the activities of the eib , the eeas and the commission .


### the practical measures for linking the general mandate objectives and their implementation will be set out in regional operational guidelines developed by the commission together with the eib , in consultation with the eeas on policy issues , appropriate . these guidelines should take as a starting point the wider eu policy framework for each region , reflect eu country strategies and aim to ensure that eib financing is complementary to corresponding eu assistance policies , programmes and instruments in the different regions . the guidelines should be provided to the european parliament and council in the framework of the annual reporting exercise on the eib external mandate of the commission . ### the practical measures for linking the general mandate objectives and their implementation will be set out in regional operational guidelines developed by the commission together with the eib and , on issues falling within its remit , the eeas . these guidelines should take as a starting point the wider eu policy framework for each region , reflect eu country strategies and aim to ensure that eib financing is complementary to corresponding eu assistance policies , programmes and instruments in the different regions . the guidelines should be provided to the european parliament and council in the framework of the annual reporting exercise on the eib external mandate of the commission .


### the practical measures for linking the general mandate objectives and their implementation will be set out in regional operational guidelines developed by the commission together with the eib , in consultation with the eeas on policy issues , appropriate . these guidelines should take as a starting point the wider eu policy framework for each region , reflect eu country strategies and aim to ensure that eib financing is complementary to corresponding eu assistance policies , programmes and instruments in the different regions . the guidelines should be provided to the european parliament and council in the framework of the annual reporting exercise on the eib external mandate of the commission . ### the practical measures for linking the general mandate objectives and their implementation will be set out in regional operational guidelines developed by the commission together with the eib , in consultation with the eeas on policy issues , appropriate . these guidelines should take as a starting point the wider eu policy framework for each region , reflect eu country strategies and aim to ensure that eib financing is complementary to corresponding eu assistance policies , programmes and instruments in the different regions . the guidelines will be provided to the european parliament and council in the framework of the annual reporting exercise on the eib external mandate of the commission .


### the practical measures for linking the general mandate objectives and their implementation will be set out in regional operational guidelines developed by the commission together with the eib , in consultation with the eeas on policy issues , appropriate . these guidelines should take as a starting point the wider eu policy framework for each region , reflect eu country strategies and aim to ensure that eib financing is complementary to corresponding eu assistance policies , programmes and instruments in the different regions . the guidelines should be provided to the european parliament and council in the framework of the annual reporting exercise on the eib external mandate of the commission . ### the practical measures for linking the general mandate objectives and their implementation will , preceded by consultation in the concerned regions , be set out in regional operational guidelines developed by the commission together with the eib , in consultation with the eeas on policy issues , as appropriate . these guidelines should take as a starting point the wider eu policy framework for each region , reflect eu country strategies and aim to ensure that eib financing is complementary to corresponding eu assistance policies , programmes and instruments in the different regions . the guidelines should be provided to the european parliament and council in the framework of the annual reporting exercise on the eib external mandate of the commission .


### the commission should study the development of an ' eu platform for cooperation and development ' with a view to optimising the functioning of mechanisms for the blending of grants and loans in the external regions . in its reflections the commission should consult the eib as well as the other european multilateral and bilateral finance institutions . such a platform would continue to promote mutual reliance arrangements , based on the comparative advantage of the different institutions while respecting the role and prerogatives of the eu institutions in the implementation of the eu budget and of eib loans . ### the commission should study the development of an ' eu platform for cooperation and development ' with a view to optimising and rationalising the functioning of mechanisms for increased blending of grants and loans in the external regions . in its reflections the commission should consult the eib as well as the other european multilateral and bilateral finance institutions . such a platform should promote , under the direction of the commission , synergies , concerted programming and mutual reliance arrangements , based on the comparative advantage of the different institutions while respecting the role and prerogatives of the eu institutions in the implementation of the eu budget and of eib loans . the platform should also give consideration to the necessary changes in the european institutional architecture for development financing by 2014 .


### the commission should study the development of an ’eu platform for cooperation and development’ with a view to optimising the functioning of mechanisms for the blending of grants and loans in the external regions . in its reflections the commission should consult the eib as well as the other european multilateral and bilateral finance institutions . such a platform would continue to promote mutual reliance arrangements , based on the comparative advantage of the different institutions while respecting the role and prerogatives of the eu institutions in the implementation of the eu budget and of eib loans . ### the commission should propose , on the basis of the existing positive experience , the implementation of an ' eu platform for cooperation and development ' with a view to optimising and rationalising the functioning of mechanisms for increased blending of grants and loans in the external regions . in its reflections the commission should consult the eib , the ebrd as well as the other european multilateral and bilateral finance institutions . for this purpose the commission will create a working group composed of member state representatives , members of the european parliament , eib and other european multilateral and bilateral finance institutions . such a platform should promote , under the direction of the commission , synergies , concerted programming , mutual reliance arrangements , based on the comparative advantage of the different institutions while respecting the role and prerogatives of the eu institutions in the implementation of the eu budget and of the financing institutions ' loans . such a platform will be particularly useful when financing development - oriented projects or projects countering climate change .


### the eib should be encouraged to increase its operations outside the eu without recourse to the eu guarantee in order to support eu external policy objectives , particularly in pre - accession countries and neighbourhood countries and in investment grade countries in other regions , but also in sub - investment grade countries when the eib has the appropriate third party guarantees . in consultation with the commission , the eib should develop a policy for deciding between the allocation of projects to either the mandate under eu guarantee or to eib own risk financing . such a policy would notably take into account the creditworthiness of the countries and projects concerned . ### the eib should be encouraged to increase its operations outside the eu without recourse to the eu guarantee so that use of the guarantee can be reserved for countries and projects with the poorest access to the market and where the guarantee therefore provides higher added value . consequently , and always with the aim of supporting the objectives of the eu ' s external relations policy , the eib should increase the amounts loaned at its own risk , particularly in pre - accession countries and neighbourhood countries and in investment grade countries in other regions , but also in sub - investment grade countries when the eib has the appropriate third party guarantees . in agreement with the commission , the eib should develop a policy for deciding between the allocation of projects to either the mandate under eu guarantee or to eib own risk financing . such a policy would notably take into account the creditworthiness of the countries and projects concerned . when the external mandate is renewed for the 2014 - 2020 period , this policy should be reviewed and the list of countries eligible under the guarantee re - examined .


### the eib should be encouraged to increase its operations outside the eu without recourse to the eu guarantee in order to support eu external policy objectives , particularly in pre - accession countries and neighbourhood countries and in investment grade countries in other regions , but also in sub - investment grade countries when the eib has the appropriate third party guarantees . in consultation with the commission , the eib should develop a policy for deciding between the allocation of projects to either the mandate under eu guarantee or to eib own risk financing . such a policy would notably take into account the creditworthiness of the countries and projects concerned . ### the eib should be encouraged to increase its operations and to diversify its financial instruments outside the eu without recourse to the eu guarantee so that use of the guarantee can be encouraged for countries and projects with the poorest access to the market and where the guarantee therefore provides higher added value . consequently , and always with the aim of supporting the objectives of the eu ' s external relations policy , the eib should increase the amounts loaned at its own risk , particularly in pre - accession countries and neighbourhood countries and in investment grade countries in other regions , but also in sub - investment grade countries and providing sub - sovereign lending when the eib has the appropriate third party guarantees . in consultation with the commission , the eib should develop a policy for deciding between the allocation of projects to either the mandate under eu guarantee or to eib own risk financing . such a policy would notably take into account the creditworthiness of the countries and projects concerned . when the external mandate is renewed for the post - 2013 period , this policy should be reviewed and the list of countries eligible under the guarantee re - examined taking into account the implications on the provisioning of the guarantee fund for external action .


### in order to ensure that the bank meets the requirements of the mandate across regions and sub - regions , sufficient human and financial resources will need to be devoted to the eib ' s external activities . this would notably include having sufficient capacity to support eu development cooperation objectives , to increase focus on ex ante appraisal of the environmental , social and development aspects of its activities , and to effectively monitor projects during implementation . ### in order to ensure that the bank meets the requirements of the mandate across regions and sub - regions , it must devote sufficient human and financial resources , within reasonable time limits , to its external activities , particularly in the intervention countries . this would notably include having sufficient capacity to support eu development cooperation objectives , to increase focus on ex ante appraisal of the environmental , social and development aspects of its activities , and to effectively and directly monitor projects during implementation .


### the reporting and transmission of information by the eib to the commission should be strengthened in order to allow the commission to enhance its annual report to the european parliament and the council on the eib financing operations carried out under this decision . the report should in particular assess the compliance of eib financing operations with this decision , taking into account the operational guidelines , and include sections on added value in line with eu policies and sections on cooperation with the commission , other ifis and bilateral donors , including co - financing . where necessary , the report should include references to significant changes in circumstances that would justify further amendments to the mandate before the end of the period . ### the reporting and transmission of information by the eib to the commission should be strengthened in order to allow the commission to enhance its annual report to the european parliament and the council on the eib financing operations carried out under this decision . the report should in particular assess the compliance of eib financing operations with this decision , taking into account the operational guidelines , and include sections on added value in line with eu policies and sections on cooperation with the commission , the ebrd , other ifis and bilateral donors , including co - financing , as well as evaluations of the accessibility , transparency and efficiency of the loans . the report should also assess the extent to which the eib has taken into account economic , financial , environmental and social sustainability in the design and monitoring of the projects financed . it should also contain a specific section devoted to a detailed evaluation of the measures taken by the eib to comply with the provisions of the current mandate , paying particular attention to eib operations using financial vehicles situated in offshore financial centres . in its financing operations the eib should ensure that its policies towards weakly regulated or uncooperative jurisdictions , including tax havens , are adequately implemented to contribute to the international fight against tax fraud and tax evasion . the report should include an appraisal of social and development - related aspects of projects . the report should be made public , thus allowing opinions by relevant ngos and recipient countries . where necessary , the report should include references to significant changes in circumstances that would justify further amendments to the mandate before the end of the period . this report should in particular include a detailed breakdown of eib financing under this decision in combination with all eu financial resources and other donors , thus giving a detailed overview of the financial exposure of financing operations .


### eligible for eu guarantee shall be eib loans and loan guarantees for investment projects carried out in countries covered by this decision , granted in accordance with the eib ' s own rules and procedures in support of the relevant external policy objectives of the eu , where the eib financing has been granted according to a signed agreement which has neither expired nor been cancelled . ### eligible for eu guarantee shall be eib loans and loan guarantees for investment projects carried out in countries covered by this decision , granted in accordance with the eib ' s own rules and procedures , including the eib’s statement on social and environmental standards , and in support of the relevant external policy objectives of the eu , where the eib financing has been granted according to a signed agreement which has neither expired nor been cancelled .


### the maximum ceiling of the eib financing operations under eu guarantee throughout the period 2007 - 2013 , less amounts cancelled , shall not exceed eur 27 800 000 000 , broken down into two parts : a general mandate of eur 25&#160 ; 800&#160 ; 000&#160 ; 000 a climate change mandate of eur 2 000 000 000 ### the maximum ceiling of the eib financing operations under eu guarantee throughout the period 2007 - 2013 , less amounts cancelled , shall not exceed eur 29&#160 ; 481&#160 ; 000&#160 ; 000 , broken down into two parts : a general mandate of eur 26&#160 ; 981&#160 ; 000&#160 ; 000 a climate change mandate of eur 2 000 000 000 a microcredit financing mandate of eur 500 000 000


### the climate change mandate shall cover eib financing operations in all countries covered by this decision , where such eib financing operations support the key eu policy objective of tackling climate change by supporting projects in climate change mitigation and adaptation which contribute to the overall objective of the united nations framework convention on climate change , in particular by avoiding or reducing greenhouse gas emissions in the areas of renewable energy , energy efficiency and sustainable transport , or by increasing resilience to the adverse impacts of climate change on vulnerable countries , sectors and communities . the climate change mandate shall be implemented in close cooperation with the commission , combining where possible and appropriate eib financing with eu budget funds . ### the climate change mandate shall cover eib financing operations in all countries covered by this decision , where such eib financing operations support the key eu policy objective of tackling climate change by supporting projects which contribute to the implementation of the climate commitments taken by these countries under the united nations framework convention on climate change , in particular by avoiding or reducing greenhouse gas emissions in the areas of renewable energy , energy efficiency and sustainable transport , or by increasing resilience to the adverse impacts of climate change on vulnerable countries , sectors and communities . the climate change mandate shall be implemented in close cooperation with the commission , combining as far as possible eib financing with eu budget funds . the optional mandate shall not be counted as a contribution of the eu and its member states to the ' fast - start ' funds agreed to at the unfccc cop in copenhagen in december 2009 .


### the commission shall develop , together with the eib , regional operational guidelines for eib financing under this decision . in drawing up these guidelines the commission and the eib will consult with the european external action service on policy issues , as appropriate . the operational guidelines aim to ensure that eib financing supports eu policies , and shall take as a starting point the wider eu regional policy framework set by the commission and the eeas , as appropriate . notably , the operational guidelines will ensure that eib financing is complementary to corresponding eu assistance policies , programmes and instruments in the different regions , taking into account european parliament resolutions and council decisions and conclusions . the commission will inform the european parliament and the council of the guidelines established . within the framework set out by the operational guidelines , the eib shall define corresponding financing strategies and ensure their implementation . ### the commission shall develop , together with the eib , regional operational guidelines for eib financing under this decision . these guidelines shall be prepared together , at an early stage , with the european external action service on issues falling within its remit . the operational guidelines aim to ensure that eib financing supports eu policies , and shall take as a starting point the wider eu regional policy framework set by the commission and the eeas , as appropriate . notably , the operational guidelines will ensure that eib financing is complementary to corresponding eu assistance policies , programmes and instruments in the different regions , in line with european parliament resolutions and council decisions and conclusions . the commission will inform the european parliament and the council in advance of the guidelines that are being established . within the framework set out by the operational guidelines , the eib shall define corresponding financing strategies and ensure their implementation .