### ‘ serious crime’ means the offences under national law referred to in article 2 of council framework decision 2002 / 584 / jha if they are punishable by a custodial sentence or a detention order for a maximum period of at least three years under the national law of a member state , however , member states may exclude those minor offences for which , taking into account their respective criminal justice system , the processing of pnr data pursuant to this directive would not be in line with the principle of proportionality ; ### ‘ serious crime’ means the offences under national law referred to in article 2 of council framework decision 2002 / 584 / jha if they are punishable by a custodial sentence or a detention order for a maximum period of at least five years under the national law of a member state ; however , member states shall exclude those offences for which , taking into account their respective criminal justice system , the processing of pnr data pursuant to this directive would not be in line with the principle of proportionality ;


### the passenger information unit of a member state shall transfer the pnr data or the results of the processing of pnr data of the persons identified in accordance with points and of paragraph 2 for further examination to the relevant competent authorities of the same member state . such transfers shall only be made on a case - by - case basis . ### the passenger information unit of a member state or a group of member states shall transfer the pnr data or the results of the processing of pnr data of the persons identified in accordance with points and of paragraph 2 for further examination to the relevant competent authorities of the same member state . such transfers shall only be made on a case - by - case basis .


### member states shall prepare a set of statistical information on pnr data provided to the passenger information units . such statistics shall as a minimum cover the number of identifications of any persons who may be involved in a terrorist offence or serious crime according to article 4 and the number of subsequent law enforcement actions that were taken involving the use of pnr data per air carrier and destination . ### member states shall prepare a set of statistical information on pnr data provided to the passenger information units . such statistics shall as a minimum cover the number of identifications of any persons who may be involved in a terrorist offence according to article 4 and the number of subsequent law enforcement actions , including the resulting number of convictions , that were taken involving the use of pnr data per air carrier and destination .


### the passenger information unit of a member state shall have the right to request , if necessary , the passenger information unit of any other member state to provide it with pnr data that are kept in the latter ' s database in accordance with article 9 , and , if necessary , also the result of the processing of pnr data . the passenger information unit may request access to specific pnr data kept by the passenger information unit of another member state in their full form without the masking out only in exceptional circumstances in response to a specific threat or a specific investigation or prosecution related to terrorist offences or serious crime . ### the passenger information unit of a member state or a group of member states shall have the right to request , if necessary , the passenger information unit of any other member state to provide it with pnr data that are kept in the latter ' s database in accordance with article 9 , and , if necessary , also the result of the processing of pnr data . the passenger information unit may request access to specific pnr data kept by the passenger information unit of another member state in their full form without the masking out only in exceptional circumstances in response to a specific threat or a specific investigation or prosecution related to terrorist offences or serious crime .


### the delegation of power referred to in article 6 shall be conferred for an indeterminate period of time from the date of entry into force of this regulation . ### the power to adopt delegated acts referred to in article 6 shall be conferred on the commission for a period of five years from the date of entry into force of this directive . the commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five - year period . the delegation of power shall be tacitly extended for periods of an identical duration , unless the european parliament or the council opposes such extension not later than three months before the end of each period .


### companies listed on stock exchanges enjoy a particular economic importance , visibility and impact on the market as a whole . the measures provided for in this directive should therefore apply to listed companies , which are defined as companies incorporated in a member state whose securities are admitted to trading on a regulated market within the meaning of article 4 of directive 2004 / 39 / ec of the european parliament and of the council of 21 april 2004 on markets in financial instruments , in one or more member states . these companies set standards for the economy in its entirety and their practices can be expected to be followed by other types of companies . the public nature of listed companies justifies that they be regulated to a greater extent in the public interest . ### companies listed on stock exchanges enjoy a particular economic importance , visibility and impact on the market as a whole . the measures provided for in this directive should therefore apply to listed companies , which are defined as companies incorporated in a member state whose securities are admitted to trading on a regulated market within the meaning of article 4 of directive 2004 / 39 / ec of the european parliament and of the council of 21 april 2004 on markets in financial instruments , in one or more member states . these companies set standards for the economy in its entirety and their practices can be expected to be followed by other types of companies . the public nature of listed companies justifies that they be adequately regulated in the public interest .


### while this directive does not aim to harmonise national laws on the selection procedures and qualification criteria for board positions in detail , the introduction of certain minimum standards as regards the requirement for listed companies without balanced gender representation to take appointment decisions for non - executive directors on the basis of an objective comparative assessment of the qualifications of candidates in terms of suitability , competence and professional performance is necessary in order to attain gender balance among non - executives directors . only an eu - level measure can effectively help to ensure a competitive level - playing field throughout the union and avoid practical complications in business life . ### while this directive does not aim to harmonise national laws on the selection procedures and qualification criteria for board positions in detail , the introduction of certain minimum standards as regards the requirement for listed companies without balanced gender representation to take appointment decisions for non - executive directors on the basis of a vacancy announcement opening up for applications and an objective comparative assessment of the qualifications of candidates in terms of suitability , competence and professional performance is necessary in order to attain gender balance among non - executives directors . only an eu - level measure can effectively help to ensure a competitive level - playing field throughout the union and avoid practical complications in business life .


### esma shall only take a decision under paragraph 1 if all of the following conditions are fulfilled : ### esma shall take a decision under paragraph 1 if all of the following conditions are fulfilled :


### the objective of this directive is to approximate rules on criminal law in the member states in the area of attacks against information systems , and improve cooperation between judicial and other competent authorities , including the police and other specialised law enforcement services of the member states . ### the objective of this directive is to approximate rules on criminal law in the member states in the area of attacks against information systems , and improve cooperation between judicial and other competent authorities , including the police , enisa , national computer emergency response teams , and other specialised law enforcement services of the member states .


### there is evidence of a tendency towards increasingly dangerous and recurrent large scale attacks conducted against information systems which are critical to states or to particular functions in the public or private sector . this tendency is accompanied by the development of increasingly sophisticated tools that can be used by criminals to launch cyber - attacks of various types . ### there is evidence of a tendency towards increasingly dangerous and recurrent large scale attacks conducted against information systems which are critical to states , the union or to particular functions in the public or private sector . this tendency is accompanied by the rapid development of information technology and thus of increasingly sophisticated tools that can be used by criminals to launch cyber - attacks of various types , some of which have significant potential to cause economic and social damage .


### for the purpose of exchange of information relating to the offences referred to in articles 3 to 8 , and in accordance with data protection rules , member states shall make use of the existing network of operational points of contact available 24 hours a day and seven days a week . member states shall also ensure that they have procedures in place so that they can respond within a maximum of eight hours to urgent requests . such response shall at least indicate whether and in what form the request for help will be answered and when . ### for the purpose of exchange of information relating to the offences referred to in articles 3 to 8 , and in accordance with data protection rules , member states shall ensure that they have an operational national point of contact and make use of the network of operational points of contact available 24 hours a day and seven days a week . member states shall also ensure that they have procedures in place so that they can respond within a maximum of eight hours to urgent requests . such response must be effective and include , where appropriate , the facilitation or direct implementation of the following measures : the provision of technical advice , including as regards restoring information system functionality , the preservation of data in line with personal data protection principles , the collection of evidence , the provision of legal information , and the locating and identification of suspects . the points of contact shall indicate the form and timescale in which requests for assistance will be answered .


### member states should provide for penalties in respect of attacks against information systems . the penalties provided for should be effective , proportionate and dissuasive . ### member states should provide for penalties in respect of attacks against information systems which should be adopted within broader national strategies to deter and combat such attacks . the penalties provided for should be effective , proportionate and dissuasive . convergence in the sanctions and penalties applied by member states is necessary on account of the often cross - border nature of the threats and is aimed at reducing differences between member states when it comes to dealing with offences committed within the union .


### member states shall inform the commission of their appointed point of contact for the purpose of exchanging information on the offences referred to in articles 3 to 8 . the commission shall forward that information to the other member states . ### member states shall inform the commission , eurojust and the european network and information security agency of their appointed point of contact for the purpose of exchanging information on the offences referred to in articles 3 to 8 . the commission shall forward that information to the other member states .


### the member states shall notify those provisions to the commission by [ one year after the date of application of this regulation ] at the latest and shall notify without delay any subsequent amendment affecting them . ### the member states shall notify those provisions to the commission by [ one year after the date of application of this directive ] at the latest and shall notify without delay any subsequent amendment affecting them .


### member states shall designate a national contact point responsible for the exchange of information with the other member states and the commission with regard to the application of this regulation . ### member states shall designate a national contact point responsible for the exchange of information with the other member states and the commission with regard to the application of this directive .


### directive 2009 / 40 / ec and commission recommendation 2010 / 378 / eu are repealed with effect from [ the date of application of this regulation ] . ### directive 2009 / 40 / ec and commission recommendation 2010 / 378 / eu are repealed with effect from [ the date of application of this directive ] .


### this regulation shall not apply to : ### this directive shall not apply to :


### the member states shall lay down the rules on penalties applicable to infringements of the provisions of this regulation and shall take all measures necessary to ensure that they are implemented . those penalties shall be effective , proportionate , dissuasive and non - discriminatory . ### the member states shall lay down the rules on penalties applicable to infringements of the provisions of this directive and shall take all measures necessary to ensure that they are implemented . those penalties shall be effective , proportionate , dissuasive and non - discriminatory .


### member states shall apply the requirements laid down in annex vii at the latest as from the fifth year following the date of application of this regulation . ### member states shall apply the requirements laid down in annex vii at the latest as from the fifth year following the date of application of this directive .


### this regulation establishes a regime of periodic roadworthiness tests of vehicles . ### this directive establishes a regime of periodic roadworthiness tests of vehicles carried out on the basis of minimum technical standards and requirements with the aim of ensuring a high level of road safety and environmental protection .


### as from the date of entry into force of this regulation and at the latest 3 years afterwards , the testing centres shall communicate electronically , to the competent authority of a member state the information mentioned in roadworthiness certificates which they deliver . this communication shall take place within a reasonable time after the issuance of the roadworthiness certificates . until this date , the testing centres may communicate this information to the competent authority by any other means . the competent authority shall keep this information for 36 months from the date of its reception . ### as from the date of entry into force of this directive and at the latest 3 years afterwards , the testing centres shall communicate electronically , to the competent authority of a member state the information mentioned in roadworthiness certificates which they deliver . this communication shall take place within a reasonable time after the issuance of the roadworthiness certificates . until this date , the testing centres may communicate this information to the competent authority by any other means . the competent authority shall keep this information for 36 months from the date of its reception .


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


### inspectors employed by competent authorities of the member states or a testing centre at the date of application of this regulation shall be exempted from the requirements laid down in annex vi , point 1 . the member states shall deliver a certificate of equivalence to these inspectors . ### inspectors employed by competent authorities of the member states or a testing centre at the date of application of this directive shall be exempted from the requirements laid down in annex vi , point 1 . the member states shall deliver a certificate of equivalence to these inspectors .


### the commission shall examine the feasibility , costs and benefits of the establishment of an electronic vehicle information platform with a view to exchange information on data related to roadworthiness testing between the competent authorities of member states responsible for testing , registration and vehicle approval , the testing centres and the vehicle manufacturers . ### the commission shall establish an electronic vehicle information platform with a view to exchange information on data related to roadworthiness testing between the competent authorities of member states responsible for testing , registration and vehicle approval , the testing centres , manufacturers of testing and measuring equipment for roadworthiness testing as referred to in this regulation , independent manufacturers of vehicle components and systems and the vehicle manufacturers .


### this regulation shall be binding in its entirety and directly applicable in all member states . ### this directive shall be binding in its entirety and directly applicable in all member states .


### testing facilities and equipment referred to in article 11 which do not comply with the minimum requirements laid down in annex v on [ the date of application of this regulation ] may be used for carrying out roadworthiness tests for a period of not more than five years following that date . ### testing facilities and equipment referred to in article 11 which do not comply with the minimum requirements laid down in annex v on [ the date of application of this directive ] may be used for carrying out roadworthiness tests for a period of not more than five years following that date .


### motor vehicles and their trailers shall periodically be tested in accordance with this regulation in the member state where they are registered . ### motor vehicles and their trailers shall periodically be tested in accordance with this directive in the member state where they are registered .


### proposal for a regulation of the european parliament and of the council on periodic roadworthiness tests for motor vehicles and their trailers and repealing directive 2009 / 40 / ec ### proposal for a directive of the european parliament and of the council on periodic roadworthiness tests for motor vehicles and their trailers and repealing directive 2009 / 40 / ec


### this regulation shall apply to vehicles with a design speed exceeding 25 km / h of the following categories , as referred to in directive 2002 / 24 / ec , directive 2007 / 46 / ec and directive 2003 / 37 / ec : ### this directive shall apply to vehicles with a design speed exceeding 25 km / h of the following categories , as referred to in directive 2002 / 24 / ec , directive 2007 / 46 / ec and directive 2003 / 37 / ec :


### without prejudice to article 4 , in order to adapt annexes i to vii to technical progress , the commission shall adopt delegated acts in accordance with article 24 . ### without prejudice to article 4 , in order to adapt annexes i to vii to technical progress , the commission shall adopt delegated acts in accordance with article 24 . within six months of the adoption of an adaptation to technical progress made to regulation no 1272 / 2008 , the commission shall assess whether annex i needs to be adapted , taking into account the major accident hazard potential of a substance and the criteria for the application of article 4 .


### restoring , preserving and enhancing ecosystems dependent on agriculture and forestry , with a focus on the following areas : ### restoring , preserving and enhancing ecosystems dependent on agriculture and forestry , as well as fostering sound animal husbandry , with a focus on the following areas :


### member states should be able to include in their rural development programmes thematic sub - programmes to address specific needs in areas of particular importance to them . thematic sub - programmes should concern among others young farmers , small farms , mountain areas and the creation of short supply chains . thematic sub - programmes should also be used to provide for the possibility to address restructuring of agricultural sectors which have a strong impact on the development of rural areas . as a means to increase the efficient intervention of such thematic sub - programmes member states should be allowed to provide for higher support rates for certain operations covered by them . ### member states should be able to include in their rural development programmes thematic sub - programmes to address specific needs in areas of particular importance to them . thematic sub - programmes should concern among others young farmers , small farms , high nature value farms , mountain areas , the creation of short supply chains and tackling environmental challenges . thematic sub - programmes should also be used to provide for the possibility to address restructuring of agricultural sectors which have a strong impact on the development of rural areas without causing negative social and environmental effects . as a means to increase the efficient intervention of such thematic sub - programmes member states should be allowed to provide for higher support rates for certain operations covered by them .


### both agricultural and non - agricultural land shall be eligible . species planted shall be adapted to the environmental and climatic conditions of the area and answer to minimum environmental requirements . no support shall be granted for the planting of short rotation coppice , christmas trees or fast growing trees for energy production . in areas where afforestation is made difficult by severe pedo - climatic conditions support may be provided for planting other perennial woody species such as shrubs or bushes suitable to the local conditions . ### both agricultural and non - agricultural land shall be eligible . species planted shall be adapted to the environmental and climatic conditions of the area , answer to minimum environmental requirements and shall be consistent with the relevant bioclimatic zone . no support shall be granted for the planting of short rotation coppice , christmas trees or fast growing trees for energy production . in areas where afforestation is made difficult by severe pedo - climatic conditions support may be provided for planting other perennial woody species such as shrubs or bushes suitable to the local conditions .


### the union ' s priorities for rural development should be pursued in the framework of sustainable development and the union ' s promotion of the aim of protecting and improving the environment as set out in articles 11 and 19 of the treaty , taking into account the polluter pays principle . the member states should provide information on the support for climate change objectives in line with the ambition to devote at least 20% of the union budget to this end , using a methodology adopted by the commission . ### the union ' s priorities for rural development should be pursued in the framework of sustainable development and the union ' s promotion of the aim of protecting and improving the environment as set out in articles 11 and 19 of the treaty , taking into account the polluter pays principle . the member states should provide information on how they will implement the biodiversity strategy and climate change objectives in line with the ambition to devote at least 20% of the union budget to this end , using a methodology adopted by the commission .


### forestry is an integral part of rural development and support for sustainable and climate friendly land use should encompass forest area development and sustainable management of forests . during the 2007 - 2013 programming period a variety of measures covered different types of support for forestry investments and management . in the interest of simplification but also of allowing beneficiaries to design and realise integrated projects with increased added value , a single measure should cover all types of support for forestry investments and management . this measure should cover the extension and improvement of forest resources through afforestation of land and creation of agro - forestry systems combining extensive agriculture with forestry systems , restoration of forests damaged by fire or other natural disasters and relevant prevention measures , investments in new forestry technologies and in the processing and marketing of forest products aimed at improving the economic and environmental performance of forest holders and non remunerative investments which improve ecosystem and climate resilience and environmental value of forest ecosystems . support should avoid distorting competition and be market neutral . as a result limitations should be imposed relating to the size and legal status of beneficiaries . preventive actions against fires should be in areas classified by member states as medium or high fire risk . all preventive actions should be part of a forest protection plan . the occurrence of a natural disaster in the case of action for the restoration of damaged forest potential should be subject to the formal recognition by a scientific public organisation . the forestry measure should be adopted in the light of undertakings given by the union and the member states at international level , and be based on member states’ national or sub - national forest plans or equivalent instruments which should take into account the commitments made in the ministerial conferences on the protection of forests in europe . it should contribute to the implementation of the union forestry strategy . in order to ensure that afforestation of agricultural land is in line with the aims of environmental policy the power to adopt acts in accordance with article 290 of the treaty should be delegated to the commission in respect of the definition of certain minimum environmental requirements . ### forestry is an integral part of rural development and support for sustainable and climate friendly land use should encompass forest area development and sustainable management of forests . during the 2007 - 2013 programming period a variety of measures covered different types of support for forestry investments and management . support should avoid distorting competition , be market neutral and coherent with environmental objectives . forest management plans including biodiversity aspects should be applied to all forests receiving funding under rural development programmes . as a result limitations should be imposed relating to the size and legal status of beneficiaries . preventive actions against fires should be in areas classified by member states as medium or high fire risk and should go beyond roads and water tanks ; modernised traditional practices should be included . all preventive actions should be a mandatory part of every forest management plan under its protection chapter . the occurrence of a natural disaster in the case of action for the restoration of damaged forest potential should be subject to the formal recognition by a scientific public organisation . the forestry measures should be adopted in the light of undertakings given by the union and the member states at international level , and be based on member states’ national or sub - national forest plans or equivalent instruments which should take into account the commitments made in the ministerial conferences on the protection of forests in europe . support for forest measures should be conditional upon compliance with good forest practices . in order to ensure that afforestation of agricultural land is in line with the aims of environmental policy the power to adopt acts in accordance with article 290 of the treaty should be delegated to the commission in respect of the definition of certain minimum environmental requirements . in that regard , it should ensure that any first afforestation must be adapted to local conditions , be compatible with the environment , enhance biodiversity and be prohibited for tree planting on areas of semi - natural grassland .


### for holdings above a certain size , to be determined by the member states in the programme , support shall be conditional on the submission of a forest management plan or equivalent instrument in line with sustainable forest management as defined by the ministerial conference on the protection of forests in europe of 19931 . ### for holdings above a certain size , to be determined by the member states in the programme , support shall be conditional on the submission of a forest management plan or equivalent instrument including biodiversity measures and in line with sustainable forest management as defined by the ministerial conference on the protection of forests in europe of 19931 .


### support under this measure shall only concern small - scale infrastructure , as defined by each member state in the programme . however , rural development programmes may provide for specific derogations from this rule for investments in broadband and renewable energy . in this case , clear criteria ensuring complementarity with support under other union instruments shall be provided . ### support under this measure shall concern small - scale infrastructure , as defined by each member state in the programme . however , rural development programmes may provide for specific derogations from this rule for investments in broadband and renewable energy , except for unsustainable biomass , biogas and land based biofuels . in this case , clear criteria ensuring complementarity with support under other union instruments shall be provided .


### concern infrastructure related to the development and adaptation of agriculture , including access to farm and forest land , land consolidation and improvement , energy supply and , water management ; or ### concern environmentally friendly infrastructure related to the development and adaptation of agriculture , including access to farm and forest land , land consolidation and improvement , energy supply and , water management , in accordance with priorities 4 and 5 ; or


### are non productive investments linked to the achievement of agri - and forest - environment commitments , biodiversity conservation status of species and habitat as well as enhancing the public amenity value of a natura 2000 area or other high nature value area to be defined in the programme . ### are non productive investments linked to the achievement of agri - and forest - environment commitments , biodiversity conservation status of species and habitat , environment - friendly / organic farming and animal welfare , as well as enhancing the public amenity value of a natura 2000 area or other high nature value area to be defined in the programme ; this shall include investment for specific quality schemes in accordance with article 17 .


### commitments under this measure shall be undertaken for a period of five to seven years . where support is granted for the maintenance of organic farming , member states may provide in their rural development programmes for annual extension after the termination of the initial period . ### commitments under this measure shall be undertaken for a period of at least one year .


### support under this measure shall only concern small - scale infrastructure , as defined by each member state in the programme . however , rural development programmes may provide for specific derogations from this rule for investments in broadband and renewable energy . in this case , clear criteria ensuring complementarity with support under other union instruments shall be provided . ### however , rural development programmes may provide for specific derogations from this rule for investments in broadband , renewable energy and healthcare and prevention facilities . in this case , clear criteria ensuring complementarity with support under other union instruments shall be provided .


### in order to be eligible for payments under article 32 , areas , other than mountain areas , shall be considered as facing significant natural constraints if at least 66% of the uaa meets at least one of the criteria listed in annex ii at the threshold value indicated . respect of this condition shall be ensured at the appropriate level of local administrative units . ### in order to be eligible for payments under article 32 , areas , other than mountain areas , shall be considered as facing significant natural constraints if at least 50% of the uaa meets at least one of the criteria listed in annex ii at the threshold value indicated . respect of this condition shall be ensured at the appropriate level of local administrative units . it must be possible to apply not only the biophysical criteria provided for in annex ii but also other scientifically sound criteria of disadvantage .


### commitments under this measure shall be undertaken for a period of five to seven years . however , where necessary in order to achieve or maintain the environmental benefits sought , member states may determine a longer period in their rural development programmes for particular types of commitments , including by means of providing for their annual extension after the termination of the initial period . ### commitments under this measure shall be undertaken for a period of five to seven years . however , where necessary in order to achieve or maintain the environmental benefits sought , member states may determine a longer period in their rural development programmes for particular types of commitments , including by means of providing for their annual extension after the termination of the initial period . member states may also determine a shorter period in the rural development programmes for particular types of commitments , if shown that the environmental benefits are not compromised .


### forestry is an integral part of rural development and support for sustainable and climate friendly land use should encompass forest area development and sustainable management of forests . during the 2007 - 2013 programming period a variety of measures covered different types of support for forestry investments and management . in the interest of simplification but also of allowing beneficiaries to design and realise integrated projects with increased added value , a single measure should cover all types of support for forestry investments and management . this measure should cover the extension and improvement of forest resources through afforestation of land and creation of agro - forestry systems combining extensive agriculture with forestry systems , restoration of forests damaged by fire or other natural disasters and relevant prevention measures , investments in new forestry technologies and in the processing and marketing of forest products aimed at improving the economic and environmental performance of forest holders and non remunerative investments which improve ecosystem and climate resilience and environmental value of forest ecosystems . support should avoid distorting competition and be market neutral . as a result limitations should be imposed relating to the size and legal status of beneficiaries . preventive actions against fires should be in areas classified by member states as medium or high fire risk . all preventive actions should be part of a forest protection plan . the occurrence of a natural disaster in the case of action for the restoration of damaged forest potential should be subject to the formal recognition by a scientific public organisation . the forestry measure should be adopted in the light of undertakings given by the union and the member states at international level , and be based on member states ' national or sub - national forest plans or equivalent instruments which should take into account the commitments made in the ministerial conferences on the protection of forests in europe . it should contribute to the implementation of the union forestry strategy . in order to ensure that afforestation of agricultural land is in line with the aims of environmental policy the power to adopt acts in accordance with article 290 of the treaty should be delegated to the commission in respect of the definition of certain minimum environmental requirements . ### forestry is an integral part of rural development and support for sustainable and climate friendly land use should encompass forest area development and sustainable management of forests . during the 2007 - 2013 programming period a variety of measures covered different types of support for forestry investments and management . in the interest of simplification but also of allowing beneficiaries to design and realize integrated projects with increased added value , a single measure should cover all types of support for forestry investments and management . this measure should cover the extension and improvement of forest resources through afforestation of land and creation of agro - forestry systems combining extensive agriculture with forestry systems , restoration of forests damaged by fire or other natural disasters and relevant prevention measures , investments in new forestry technologies and in the processing and marketing of forest products aimed at improving the economic and environmental performance of forest holders and forest workers and non remunerative investments which improve ecosystem and climate resilience and environmental value of forest ecosystems . support should avoid distorting competition , be market neutral and coherent with environmental objectives . forest management plans including biodiversity aspects should be applied to all forests receiving funding under rural development programmes . as a result limitations should be imposed relating to the size and legal status of beneficiaries for the production of wood but not for non - wood forest products . preventive actions against fires should be in areas classified by member states as medium or high fire risk and should go beyond roads and water tanks ; modernised traditional practices should be included . all preventive actions should be a mandatory part of every forest management plan under its protection chapter . the occurrence of a natural disaster in the case of action for the restoration of damaged forest potential should be subject to the formal recognition by a scientific public organisation . the forestry measure should be adopted in the light of undertakings given by the union and the member states at international level , and be based on member states ' national or sub - national forest plans or equivalent instruments which should take into account the commitments made in the ministerial conferences on the protection of forests in europe . it should contribute to the implementation of the union forestry strategy . in order to ensure that afforestation of agricultural land is in line with the aims of environmental policy the power to adopt acts in accordance with article 290 of the treaty should be delegated to the commission in respect of the definition of certain minimum environmental requirements .


### animal welfare payments under this measure shall be granted to farmers who undertake , on a voluntary basis , to carry out operations consisting of one or more animal welfare commitments . ### animal welfare payments under this measure shall be granted to farmers who undertake , on a voluntary basis , to carry out operations consisting of one or more animal welfare commitments and going significantly beyond what the law requires .


### agri - environment - climate payments should continue to play a prominent role in supporting the sustainable development of rural areas and in responding to society ' s increasing demands for environmental services . they should further encourage farmers and other land managers to serve society as a whole by introducing or continuing to apply agricultural practices contributing to climate change mitigation and adaptation and compatible with the protection and improvement of the environment , the landscape and its features , natural resources , the soil and genetic diversity . in this context the conservation of genetic resources in agriculture and the additional needs of farming systems that are of high nature value should be given specific attention . payments should contribute to covering additional costs and income foregone resulting from the commitments undertaken and should only cover commitments going beyond relevant mandatory standards and requirements , in accordance with the ' polluter pays ' principle . in many situations the synergies resulting from commitments undertaken jointly by a group of farmers multiply the environmental and climate benefit . however , joint action brings additional transaction costs which should be compensated adequately . in order to ensure that farmers and other land managers are in a position to correctly implement the commitments they have undertaken , member states should endeavour to provide them with the required skills and knowledge . member states should maintain the level of efforts made during the 2007 - 2013 programming period and have to spend a minimum of 25 % of the total contribution from the eafrd to each rural development programme for climate change mitigation and adaptation and land management , through the agri - environment - climate , organic farming and payments to areas facing natural or other specific constraints measures . ### agri - environment - climate payments should continue to play a prominent role in supporting the sustainable development of rural areas and in responding to society ' s increasing demands for environmental public goods and services . they should further encourage farmers and other land managers to serve society as a whole by introducing or continuing to apply agricultural practices contributing to land related climate change mitigation and adaptation and compatible with the protection and improvement of the environment , the landscape and its features , natural resources , the soil , biodiversity and genetic diversity . in this context the conservation of genetic resources in agriculture and the additional needs of farming systems that are of high nature value should be given specific attention . payments should contribute to covering additional costs and income foregone resulting from the commitments undertaken and should only cover commitments going beyond relevant mandatory standards and requirements , in accordance with the ' polluter pays ' principle . in many situations the synergies resulting from commitments undertaken jointly by a group of farmers multiply the environmental and climate benefit . however , joint action brings additional transaction costs which should be compensated adequately . in order to ensure that farmers and other land managers are in a position to correctly implement the commitments they have undertaken , member states should endeavour to provide them with the required skills and knowledge . member states should maintain the level of efforts made during the 2007 - 2013 programming period and have to spend a minimum of 35 % of the total contribution from the eafrd to each rural development programme for climate change mitigation and adaptation and land management , through the agri - environment - climate , organic farming and payments to areas facing natural or other specific constraints measures , natura 2000 and water framework directive payments , investments improving the resilience and environmental value of forest ecosystems , forest - environmental and climate services and forest conservation . special attention should be paid to the transition between current and future agri - environment and climate commitments undertaken by farmers and landmanagers , taking into account the change in the baseline .


### are non productive investments linked to the achievement of agri - and forest - environment commitments , biodiversity conservation status of species and habitat as well as enhancing the public amenity value of a natura 2000 area or other high nature value area to be defined in the programme . ### are non productive investments linked to the achievement of agri - and forest - environment commitments , biodiversity conservation status of species and habitat , enhancing the public amenity value of a natura 2000 area or other high nature value area to be defined in the programme as well as commitments related to implementation of directives 2009 / 147 / ec , 92 / 42 / eec and 2000 / 60 / ec , including initial investigations and feasibility studies ; are non productive investments which are necessary to comply with mandatory requirements linked to the abovementioned directives .


### a pertinent approach towards innovation , the environment , including the specific needs of natura 2000 areas , and climate change mitigation and adaptation is integrated into the programme ; ### a pertinent approach towards innovation , the environment , including the specific needs of natura 2000 areas , high nature value farming , organic farming , and climate change mitigation and adaptation is integrated into the programme ;


### in order to contribute to the achievement of the aims of the eip for agricultural productivity and sustainability a eip network should be set up in order to network operational groups , advisory services and researchers involved in the implementation of actions targeting innovation in agriculture . it should be financed as part of technical assistance at union level . ### in order to contribute to the achievement of the aims of the eip for agricultural productivity and sustainability a eip network should be set up in order to network operational groups , advisory services , ngos , and researchers involved in the implementation of actions targeting innovation in agriculture . it should be financed as part of technical assistance at union level .


### member states should be able to include in their rural development programmes thematic sub - programmes to address specific needs in areas of particular importance to them . thematic sub - programmes should concern among others young farmers , small farms , mountain areas and the creation of short supply chains . thematic sub - programmes should also be used to provide for the possibility to address restructuring of agricultural sectors which have a strong impact on the development of rural areas . as a means to increase the efficient intervention of such thematic sub - programmes member states should be allowed to provide for higher support rates for certain operations covered by them . ### member states should be able to include in their rural development programmes thematic sub - programmes to address specific needs in areas of particular importance to them . thematic sub - programmes should concern among others young farmers , small farms , high nature value farms , mountain areas , the creation of short supply chains and tackling environmental challenges . thematic sub - programmes should also be used to provide for the possibility to address restructuring of agricultural sectors which have a strong impact on the development of rural areas without causing negative social and environmental effects . as a means to increase the efficient intervention of such thematic sub - programmes member states should be allowed to provide for higher support rates for certain operations covered by them .


### support under article 22 shall be granted to natural persons , private forest owners , private law and semi - public bodies , municipalities and their associations . in the case of state forests support may also be granted to bodies managing such forests , which are independent from the state budget . ### support under article 22 shall be granted to private , semi public and public forest owners , municipalities , state forests and their associations . support may also be granted to bodies managing state forests .


### - processed products which the only processing they have been subjected to is smoking or maturing and that comprise a single ingredient or category of ingredients ; ### - processed products which the only processing they have been subjected to is smoking or maturing , and fruits and vegetables that have been dried and possibly rehydrated by adding water , and that comprise a single ingredient or category of ingredients ;


### the indication of the country of origin or of the place of provenance of a food should be provided whenever its absence is likely to mislead consumers as to the true country of origin or place of provenance of that product . in other cases , the provision of the indication of country of origin or place of provenance is left to the appreciation of food business operators . in all cases , the indication of country of origin or place of provenance should be provided in a manner which does not deceive the consumer and on the basis of clearly defined criteria which ensure a level playing field for the industry and improve consumers’ understanding of the information related to the country of origin or place of provenance of a food . such criteria should not apply to indications related to the name or address of the food business operator . ### the place of provenance of the primary ingredient used in the product should be indicated , with a view to guaranteeing greater transparency and greater traceability . as far as possible , the region of origin and the name and address of the producer of the ingredient should be indicated . in all cases , the indication of country of origin or place of provenance should be provided in a manner which does not deceive the consumer and on the basis of clearly defined criteria which ensure a level playing field for the industry and improve consumers’ understanding of the information related to the country of origin or place of provenance of a food .


### ‘ place of provenance’ means any place where a food is indicated to come from , and that is not the ' country of origin ' as determined in accordance with articles 23 to 26 of council regulation no 2913 / 92 ; ### ‘ place of provenance’ means the place , country or region where the products or agricultural ingredients are wholly obtained , in accordance with article 23 of council regulation no 2913 / 92 ;


### articles 29 to 34 shall apply from [ the first day of the month 3 years after the entry into force ] except in the case of foods labelled by food business operators with , on the date of entry into force , less than 10 employees and whose annual turnover and / or annual balance sheet total does not exceed eur 2 million where they shall apply [ the first day of the month 5 years after the entry into force ] . ### articles 29 to 34 shall apply from [ the first day of the month 3 years after the entry into force ] except in the case of foods labelled by food business operators with , on the date of entry into force , less than 50 employees and whose annual turnover and / or annual balance sheet total does not exceed eur 2 million where they shall apply [ the first day of the month 5 years after the entry into force ] . foods placed on the market prior to the entry into force of this regulation which do not comply with its provisions may be marketed until their expiry date , but not beyond 31 december 2011 .


### without prejudice to specific community legislation applicable to particular foods as regards to the requirements referred to in article 9 to , when appearing on the package or on the label attached thereto the mandatory particulars listed in article&#160 ; 9 shall be printed on the package or on the label in characters of a font size of at least 3 mm and shall be presented in a way so as to ensure a significant contrast between the print and background . ### without prejudice to specific community legislation applicable to particular foods as regards to the requirements referred to in article 9 to , when appearing on the package or on the label , the mandatory particulars listed in article&#160 ; 9 shall be printed on the package or on the label in characters in a legible font of a size of : - at least 1 mm for packages or containers the largest surface or label of which has an area of between 25 and 100 cm2 ; - at least 2 mm for packages or containers the largest surface or label of which has an area of more than 100 cm2 .


### specific community rules already exist on the labelling of wine . council regulation no 1493 / 1999 of 17 may 1999 on the common organisation of the market in wine1 provides an exhaustive set of technical standards which fully cover all oenological practices , manufacturing methods and means of presentation and labelling of wines thus ensuring that all stages in the chain are covered and that consumers are protected and properly informed . in particular , this legislation describes in a precise and exhaustive manner the substances likely to be used in the production process , together with the conditions for their use via a positive list of oenological practices and treatments ; any practice not included in this list is prohibited . therefore , it is appropriate to exempt wine at this stage from the obligation to list the ingredients and to provide for a nutrition declaration . as regards beer and spirits as defined in article 2 of regulation no [ … ] of [ … ] of the european parliament and of the council on the definition , description , presentation , labelling and the protection of geographical indications of spirit drinks and repealing council regulation no 1576 / 891 , and in order to ensure a consistent approach and coherence with the conditions established for wine , the same kind of exemptions shall apply . however , the commission will produce a report after five years of the entry into force of this regulation and propose the necessary specific requirements in the context of this regulation . ____________________ 1 oj l 179 , 14 . 07 . 99 , p . 1 . 2 oj l [ … ] , [ … ] , p . [ … ] . ### specific community rules already exist on the labelling of wine . council regulation no 497 / 2008 of 29 april 2008 on the common organisation of the market in wine , amending regulations no 1493 / 1999 , no 1782 / 2003 , no 1290 / 2005 and no 3 / 2008 and repealing regulations no 2392 / 86 and no 1493 / 19991 provides an exhaustive set of technical standards which fully cover all oenological practices , manufacturing methods and means of presentation and labelling of wines , thus ensuring that all stages in the chain are covered and that consumers are protected and properly informed . in particular , this legislation describes in a precise and exhaustive manner the substances likely to be used in the production process , together with the conditions for their use via a positive list of oenological practices and treatments ; any practice not included in this list is prohibited . therefore , it is appropriate to exempt wine at this stage from the obligation to list the ingredients and to provide for a nutrition declaration . as regards beer , liqueur wines , sparkling wines , aromatised wines and similar products obtained from fruits other than grapes , fruit beer and spirits as defined in article 2 of regulation no 110 / 2008 of the european parliament and of the council of 15 january 2008 on the definition , description , presentation , labelling and the protection of geographical indications of spirit drinks and repealing council regulation no 1576 / 892 , and in order to ensure a consistent approach and coherence with the conditions established for wine , the same kind of exemptions shall apply . however , the commission will produce a report after five years of the entry into force of this regulation and propose the necessary specific requirements in the context of this regulation . ____________________ 1oj l 148 , 6 . 6 . 2008 , p . 1 . oj l 39 , 13 . 2 . 2008 , p . 16 .


### the mandatory nutrition declaration shall be expressed , as appropriate , as a percentage of the reference intakes set out in part b of annex xi in relation to per 100 g or per 100 ml or per portion . when provided , the declaration on vitamins and minerals shall also be expressed as a percentage of the reference intakes set out in point 1 of part a of annex xi . ### the mandatory nutrition declaration shall be expressed as a percentage of the reference intakes set out in part b of annex xi in relation to per 100 g or per 100 ml and per portion , subject to the provisions of article 32 . when provided , the declaration on vitamins and minerals shall also be expressed as a percentage of the reference intakes set out in point 1 of part a of annex xi .


### the amount of energy and nutrients referred to in paragraph 1 shall be expressed per 100 g or per 100 ml or , subject to article 32 and , per portion . ### the amount of energy and nutrients referred to in paragraph 1 shall be expressed per 100 g or per 100 ml and , subject to article 32 , per portion or unit .


### the amounts of fat , saturates , carbohydrates with specific reference to sugars , and salt . ### the amounts of fat , saturates , industrial transfatty acids and carbohydrates with specific reference to natural and added sugars , and salt .


### the particulars referred to article 31 related to the mandatory nutrition declaration shall be included in the principal field of vision . they shall be presented , where appropriate , together in a clear format in the following order : energy , fat , saturates , carbohydrates with specific reference to sugars , and salt . ### the particulars referred to article 31 related to the mandatory nutrition declaration shall be included in the same field of vision . they shall be presented , where appropriate , together in a clear format in the following order : energy , protein , fat , saturates , carbohydrates with specific reference to sugars , fibre and salt . in addition , the amount of energy referred to in article 29 and the percentage of the reference intake for energy referred to in article 31 shall appear in the principal field of vision in accordance with article 32 and 32 . it shall be expressed per portion .


### the amounts of fat , saturates , carbohydrates with specific reference to sugars , and salt . ### the amounts of fat , saturates , trans fats , carbohydrates , natural sugars , added sugars and salt .


### without prejudice to labelling in accordance with specific community legislation , paragraphs 3 and 4 shall apply where the country of origin or the place of provenance of a food is voluntarily indicated to inform consumers that a food originates or comes from the european community or a given country or place . ### without prejudice to labelling in accordance with specific community legislation , in particular council regulation no 509 / 2006 of 20 march 2006 on agricultural products and foodstuffs as traditional specialities guaranteed1 , council regulation no 510 / 2006 of 20 march 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs2 , council regulation no 491 / 2009 of 25 may 2009 amending regulation no 1234 / 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products 3 , regulation no 110 / 2008 of the european parliament and the council of 15 january 2008 on the definition , description , presentation , labelling and the protection of the geographical indications of spirit drinks and repealing council regulation no 1576 / 894 and council regulation no 1601 / 91 of 10 june 1991 laying down general rules on the definition , description and presentation of aromatised wines , aromatised wine - based drinks and aromatised wine - product cocktails5 , paragraphs 3 and 4 shall apply where the country of origin or the place of provenance of a food is indicated to inform consumers that a food originates or comes from a given country or place . ____________________ 1 oj l 93 , 31 . 3 . 2006 , p . 1 . 2 oj l 93 , 31 . 3 . 2006 , p . 12 . 3 oj l 154 , 17 . 6 . 2009 , p . 1 . 4 oj l 39 , 13 . 2 . 2008 , p . 16 . 5 oj l 149 , 16 . 6 . 1991 , p . 1 .


### there is public interest in the relationship between diet and health and in the choice of an appropriate diet to suit individual needs . the commission white paper on a strategy for europe on nutrition , overweight and obesity related health issues noted that nutrition labelling is an important tool to inform consumers about the composition of the foods and help them make an informed choice . the eu consumer policy strategy 2007 - 2013 underlined that allowing consumers to make informed choice is essential both to effective competition and consumer welfare . knowledge of the basic principles of nutrition and appropriate nutrition information on foods would contribute significantly towards enabling the consumer to make such an informed choice . ### there is public interest in the relationship between diet and health and in the choice of an appropriate diet to suit individual needs . the commission white paper on a strategy for europe on nutrition , overweight and obesity related health issues noted that nutrition labelling is one method of informing consumers about the composition of the foods and of helping them make an informed choice . education and information campaigns run by member states are an important mechanism for improving consumer understanding of nutrition information . the eu consumer policy strategy 2007 - 2013 underlined that allowing consumers to make informed choice is essential both to effective competition and consumer welfare . knowledge of the basic principles of nutrition and appropriate nutrition information on foods would contribute significantly towards enabling the consumer to make such an informed choice . to this end , training programmes should be funded which would enable european citizens to acquire knowledge or enhance their knowledge of this subject . this could also be achieved by means of on - line information and education programmes . in this way , consumers would have all the tools they need to make a fully informed choice .


### the adjective ‘ hydrogenated’ must accompany the indication of a hydrogenated oil unless the amount of saturates and trans fats are included in the nutrition declaration . ### the adjective ‘ hydrogenated’ must accompany the indication of a hydrogenated oil .


### information on the identity and composition , properties or other characteristics of the food ; ### information on the identity and composition , quantities , properties or other characteristics of the food ;


### in general , consumers are not aware of the potential contribution of alcoholic beverages to their overall diet . therefore , it is appropriate to ensure that information on the nutrient content of in particular mixed alcoholic beverages is provided . ### consumers should be aware of the potential contribution of alcoholic beverages on their overall diet . therefore , the commission and the relevant stakeholders should undertake research during the exemption period to establish what information would be most useful for the consumer , as well as the most effective way of presenting such information .


### the amounts of fat , saturates , carbohydrates with specific reference to sugars , and salt . ### the amounts of protein and carbohydrates with specific reference to sugars , fat , saturates , fibre and salt .


### ' financial counterparty ' means investment firms as set out in directive 2004 / 39 / ec , credit institutions as defined in directive 2006 / 48 / ec , insurance undertakings as defined in directive 73 / 239 / eec , assurance undertakings as defined in directive 2002 / 83 / ec , reinsurance undertakings as defined in directive 2005 / 68 / ec , undertakings for collective investments in transferable securities as defined in directive 2009 / 65 / ec , institutions for occupational retirement provision as defined in directive 2003 / 41 / ec and alternative investment funds managers as defined in directive 2010 / . . . / eu ; ### ' financial counterparty ' means an undertaking established in the union that is an investment firm authorised under directive 2004 / 39 / ec , a credit institution authorised under directive 2006 / 48 / ec , an insurance undertaking authorised under directive 73 / 239 / eec , an assurance undertaking authorised under directive 2002 / 83 / ec , a reinsurance undertaking as authorised under directive 2005 / 68 / ec , an undertaking authorised for collective investments in transferable securities authorised under directive 2009 / 65 / ec , institutions for occupational retirement provision subject of the requirements of directive 2003 / 41 / ec , or an alternative investment fund that is an eu alternative investment fund managed by an eu manager of alternative investment funds , within the meaning of directive 2010 / . . . / eu ;


### ’over the counter derivatives ' means derivative contracts whose execution does not take place on a regulated market as defined by article 4 point 14 of directive 2004 / 39 / ec ; ### ’over the counter derivatives ' means derivative contracts whose execution does not take place on a regulated market as defined by article 4 point 14 of directive 2004 / 39 / ec or on a third country trading facility that performs a similar function to a regulated market ;


### before taking a decision , esma shall conduct a public consultation and , where appropriate , consult with the competent authorities of third countries . ### before taking a decision , esa shall conduct a public consultation and , where appropriate , consult with the european and third country supervisory authorities responsible for specific trading markets . where appropriate their expert opinion shall be taken into account before taking the decision on the eligibility of a class of derivatives for the clearing obligation referred to in article 3 .


### a trade repository shall publish aggregate positions by class of derivatives on the contracts reported to it . ### a trade repository shall , at regular intervals and in an easily accessible way , publish aggregate positions by class of derivatives on the contracts reported to it


### a financial counterparty shall clear all otc derivative contracts which are considered eligible pursuant to article 4 and are concluded with other financial counterparties in the relevant ccps listed in the register as referred to in article 4 . that clearing obligation shall also apply to financial counterparties and to the non - financial counterparties referred to in article 7 which enter into eligible otc derivative contracts with third country entities . ### a financial counterparty and a non - financial counterparty shall clear all otc derivative contracts which are considered eligible pursuant to article 4 and are concluded with other financial counterparties in the relevant ccps listed in the register as referred to in article 4 . there shall be no clearing obligation upon either of the counterparties if at least one of them is a non - financial counterparty which is below the clearing threshold as referred to in article 7 . the clearing obligation shall also apply to financial counterparties and to the non - financial counterparties which exceed the clearing threshold referred to in article 7 which enter into eligible otc derivative contracts with third country entities which are similarly either financial counterparties or non - financial counterparties or non - financial counterparties exceeding the clearing threshold . the clearing obligation referred to in the first subparagraph shall not apply to otc derivative contracts concluded by a financial counterparty or a non - financial counterparty as referred to in article 7 with its parent undertaking , subsidiary or another subsidiary of its parent undertaking .


### over - the - counter derivatives lack transparency as they are privately negotiated contracts and any information concerning them is usually only available to the contracting parties . they create a complex web of interdependence which can make it difficult to identify the nature and level of risks involved . the financial crisis has demonstrated that such characteristics increase uncertainty in times of market stress and accordingly , pose risks to financial stability . this regulation lays down conditions for mitigating those risks and improving the transparency of derivative contracts . ### over - the - counter derivatives lack transparency as they are privately negotiated contracts and any information concerning them is usually only available to the contracting parties . it is essential that those financial instruments will become more transparent and accessible . they create a complex web of interdependence which can make it difficult to identify the nature and level of risks involved . the financial crisis has demonstrated that such characteristics increase uncertainty in times of market stress and accordingly , pose risks to financial stability . this regulation lays down conditions for mitigating those risks by improving the transparency of derivative contracts . greater otc transparency will also foster trust between market actors , facilitate efficient price formation , strengthen the protection of investors and provide improved early warning of the build - up and scale of developing problems .


### where a trade repository is not able to record the details of an otc derivative contract , financial counterparties shall report the details of their positions in those contracts to the competent authority designated in accordance with article 48 of directive 2004 / 39 / ec . ### where a trade repository is not able to record the details of a derivative contract , counterparties shall report the details of their positions in those contracts to esma


### ’over the counter derivatives ' means derivative contracts whose execution does not take place on a regulated market as defined by article 4 point 14 of directive 2004 / 39 / ec ; ### ’over the counter derivatives ' means derivative contracts whose execution does not take place on a regulated market , where all contracts are ccp cleared , as defined by article 4 point 14 of directive 2004 / 39 / ec ;


### esma , in consultation with the european systemic risk board and other relevant authorities , shall submit drafts for those regulatory standards to the commission by 30 june 2012 at the latest . ### esa , in consultation with the esrb , other relevant authorities and following a public consultation , shall submit drafts for those regulatory standards to the commission by 30 june 2012 .


### those thresholds shall be determined taking into account the systemic relevance of the sum of net positions and exposures by counterparty per class of derivatives . ### those thresholds shall be determined taking into account the systemic relevance of the sum of net positions and exposures by counterparty per class of otc derivatives . the systemic relevance of the sum of net positions and exposures for otc derivatives shall be determined on the basis of appropriate quantitative and qualitative criteria for each class . in particular , credit risk exposures in connection with contracts with systemically relevant financial institutions shall be taken into account .


### those thresholds shall be determined taking into account the systemic relevance of the sum of net positions and exposures by counterparty per class of derivatives . ### the threshold shall be determined in accordance with subparagraph 1 taking into account the systemic relevance of the sum of net positions and exposures by counterparty per class of derivatives over a specific period of time .


### where a non - financial counterparty takes positions in otc derivative contracts exceeding the clearing threshold to be determined pursuant to paragraph 3 , it shall be subject to the clearing obligation set out in article 3 with regard to all its eligible otc derivative contracts . ### where a non - financial counterparty takes net positions and exposures in otc derivative contracts exceeding the clearing threshold to be determined pursuant to paragraph 3 during a period of 90 consecutive days , it shall be subject to the clearing obligation set out in article 3 with regard to all eligible otc derivative contracts that exceed the clearing threshold and are not objectively measurable as directly linked to its commercial activity pursuant to paragraph 4 and notify the competent authority designated in accordance with article 48 of directive 2004 / 39 / ec thereof .


### esma , after receiving the notification and request referred to in paragraph 1 , shall , within six months , address a decision to the requesting competent authority stating the following : whether that class of derivatives is eligible for the clearing obligation pursuant to article 3 , the date from which the clearing obligation takes effect . ### esa , after receiving the notification and request referred to in paragraph 1 and the information referred to in paragraph 1a , shall , within six months , decide on the following : whether that class of derivatives is eligible for the clearing obligation pursuant to article 3 , the date from which the clearing obligation takes effect which shall be no earlier than the date of entry into force of this regulation , and the timeframe in which categories become subject to the clearing obligation .


### for the purposes of point , the value of outstanding contracts shall be marked - to - market on a daily basis and risk management procedures shall require the timely , accurate and appropriately segregated exchange of collateral or the appropriate and proportionate holding of capital . ### for the purposes of point , the value of outstanding contracts shall be marked - to - market on a daily basis and risk management procedures shall require the timely , accurate and appropriately segregated exchange of collateral consistent with prevailing market practices or in the case with financial counterparties the appropriate and proportionate holding of capital .


### the competent authority or any other authority shall inform esma , the college and other relevant authorities without undue delay of any emergency situation relating to a ccp , including developments in financial markets , which may have an adverse effect on market liquidity and the stability of the financial system in any of the member states where the ccp or one of its clearing members are established . ### the competent authority or any other authority shall inform esa , the college and other relevant authorities without undue delay of any potential or actual emergency situation relating to a ccp , including developments in financial markets , which may have an adverse effect on market liquidity and the stability of the financial system in any of the member states where the ccp or one of its clearing members are established .


### where possible , electronic means ensuring the timely confirmation of the terms of the otc derivative contract ; ### electronic means ensuring the timely confirmation of the terms of the otc derivative contract ;


### ' class of derivatives ' means a number of otc derivative contracts that share common , essential characteristics ; ### ' class of derivatives ' means a number of derivative contracts that share common , essential characteristics ;


### member states shall lay down the rules on penalties applicable to infringements of the rules under this title and shall take all measures necessary to ensure that they are implemented . those penalties shall include at least administrative fines . the penalties provided for shall be effective , proportionate and dissuasive . ### member states shall lay down the rules on penalties applicable to infringements of the rules under this title and shall take all measures necessary to ensure that they are implemented . those penalties shall include at least administrative fines . the penalties provided for shall be effective , proportionate and dissuasive . member states shall consult esa when establishing and adjusting their rules on penalties .


### where a trade repository is not able to record the details of an otc derivative contract , financial counterparties shall report the details of their positions in those contracts to the competent authority designated in accordance with article 48 of directive 2004 / 39 / ec . ### where a trade repository is not able to record the details of an otc derivative contract , financial counterparties shall report the details of their otc derivative contracts to the competent authority designated in accordance with article 48 of directive 2004 / 39 / ec .


### ability of the ccp to handle the volume of contracts ; ### the ability of the ccp to offer products that respect the needs of all , including smaller market participants such as small and medium - sized enterprises ;


### esma shall develop draft regulatory technical standards for submission to the commission by 30 june 2012 . ### esa shall submit those draft regulatory technical standards to the commission , following public consultation , by 30 june 2012 .


### ' financial counterparty ' means investment firms as set out in directive 2004 / 39 / ec , credit institutions as defined in directive 2006 / 48 / ec , insurance undertakings as defined in directive 73 / 239 / eec , assurance undertakings as defined in directive 2002 / 83 / ec , reinsurance undertakings as defined in directive 2005 / 68 / ec , undertakings for collective investments in transferable securities as defined in directive 2009 / 65 / ec , institutions for occupational retirement provision as defined in directive 2003 / 41 / ec and alternative investment funds managers as defined in directive 2010 / . . . / eu ; ### ' financial counterparty ' means an undertaking established in the union that is an investment firm authorised under directive 2004 / 39 / ec , a credit institution authorised under directive 2006 / 48 / ec , an insurance undertaking authorised under directive 73 / 239 / eec , an assurance undertaking authorised under directive 2002 / 83 / ec , a reinsurance undertaking as authorised under directive 2005 / 68 / ec , an undertaking authorised for collective investments in transferable securities authorised under directive 2009 / 65 / ec , institutions for occupational retirement provision subject of the requirements of directive 2003 / 41 / ec , or an alternative investment fund that is an eu alternative investment fund managed by an eu manager of alternative investment funds , within the meaning of directive 2010 / . . . / eu ;


### the commission , in consultation with esma , esrb and other relevant authorities , shall periodically review the thresholds established in paragraph 3 and amend them , where necessary . ### the commission , in consultation with esa , esrb and other relevant authorities , shall periodically review the thresholds established in paragraph 3 and amend it in accordance with that paragraph , where necessary .


### a ccp should have a sound risk management framework to manage credit risks , liquidity risks , operational and other risks , including the risks that it bears or poses to other entities as a result of interdependencies . a ccp should have adequate procedures and mechanisms in place to deal with the default of a clearing member . in order to minimise the contagion risk of such a default , the ccp should have in place stringent participation requirements , collect appropriate initial margins , maintain a default fund and other financial resources to cover potential losses . ### a ccp should have a sound risk management framework to manage credit risks , liquidity risks , operational and other risks , including the risks that it bears or poses to other entities as a result of interdependencies . a ccp should have adequate procedures and mechanisms in place to deal with the default of a clearing member . in order to minimise the contagion risk of such a default , the ccp should have in place stringent participation requirements , collect appropriate initial margins , maintain a default fund and other financial resources to cover potential losses . as part of its risk management function and to cover its exposure to its clearing members , a ccp should accept only highly liquid collateral with minimal credit and market risk . the type of assets to be accepted as collateral could , to some extent , be adapted to the nature of the counterparty . regarding non - financial counterparties , a ccp could , where appropriate , accept bank guarantees or equivalent assets as collateral .


### member states shall ensure that the competent authorities responsible for the supervision of financial , and where , appropriate , non - financial counterparties disclose every penalty that has been imposed for infringements of articles 3 to 8 to the public , unless such disclosure would seriously jeopardise the financial markets or cause disproportionate damage to the parties involved . ### member states shall ensure that the competent authorities responsible for the supervision of financial , and where , appropriate , non - financial counterparties disclose every penalty that has been imposed for infringements of articles 3 to 8 to the public , unless such disclosure would seriously jeopardise the financial markets or cause disproportionate damage to the parties involved . member states shall , at regular intervals , publish assessment reports on the effectiveness of their rules on penalties .


### the liquidity of contracts ; ### the volume and the liquidity of the relevant class of derivative contracts ;


### where a trade repository is not able to record the details of an otc derivative contract , financial counterparties shall report the details of their positions in those contracts to the competent authority designated in accordance with article 48 of directive 2004 / 39 / ec . ### where a trade repository is not able to record the details of a derivative contract , counterparties shall report the details of their positions in those contracts to the competent authority designated in accordance with article 48 of directive 2004 / 39 / ec .


### availability of pricing information ; ### the availability of pricing information in the relevant class of derivative contract ;


### the commission , in consultation with esma , esrb and other relevant authorities , shall periodically review the thresholds established in paragraph 3 and amend them , where necessary . ### the commission , in consultation with esma , esrb and other relevant authorities , shall periodically review the threshold established in paragraph 2 and amend them , where necessary .


### esma , in consultation with the european systemic risk board and other relevant authorities , shall submit drafts for those regulatory standards to the commission by 30 june 2012 at the latest . ### esa , in consultation with the esrb , other relevant authorities and following a public consultation , shall submit drafts for those regulatory standards to the commission by 30 june 2012 .


### ’class of derivatives ' means a number of otc derivative contracts that share common , essential characteristics ; ### ’class of derivatives ' means a subset of derivatives sharing common and essential characteristics which include , but may not be limited to : relationship with the underlying asset , type of underlying asset , pay - off profile and currency of notional . derivatives belonging to the same class may have different maturities .


### a trade repository shall publish aggregate positions by class of derivatives on the contracts reported to it . ### a trade repository shall , at regular intervals and in an easily accessible way , publish aggregate positions by class of derivatives on the contracts reported to it


### esma , after receiving the notification and request referred to in paragraph 1 , shall , within six months , address a decision to the requesting competent authority stating the following : whether that class of derivatives is eligible for the clearing obligation pursuant to article 3 , the date from which the clearing obligation takes effect . ### esa , after receiving the notification and request referred to in paragraph 1 and the information referred to in paragraph 1a , shall , within six months , decide on the following : whether that class of derivatives is eligible for the clearing obligation pursuant to article 3 , the date from which the clearing obligation takes effect which shall be no earlier than the date of entry into force of this regulation , and the timeframe in which categories become subject to the clearing obligation .


### by the same date , the commission shall , in coordination with esma and the relevant sectoral authorities , assess the systemic importance of the transactions of non - financial firms in otc derivatives . ### by the same date , the commission shall , in coordination with esa and the relevant sectoral authorities , assess the systemic importance of the transactions of non - financial firms in otc derivatives and shall submit a report to the european parliament and the council , together with any proposals on the continued appropriateness of or amendments to the clearing obligation under article 7 for non - financial firms .


### ' over the counter derivatives ' means derivative contracts whose execution does not take place on a regulated market as defined by article 4 point 14 of directive 2004 / 39 / ec ; ### ' over the counter derivatives ' means derivative contracts whose execution does not take place on a regulated market as defined by article 4 point 14 of directive 2004 / 39 / ec or on a third - country market considered as equivalent to a regulated market in accordance with article 19 of that directive ;


### the competent authority or any other authority shall inform esma , the college and other relevant authorities without undue delay of any emergency situation relating to a ccp , including developments in financial markets , which may have an adverse effect on market liquidity and the stability of the financial system in any of the member states where the ccp or one of its clearing members are established . ### the competent authority or any other authority shall inform esa , the college and other relevant authorities without undue delay of any potential or actual emergency situation relating to a ccp , including developments in financial markets , which may have an adverse effect on market liquidity and the stability of the financial system in any of the member states where the ccp or one of its clearing members are established .


### each member state shall ensure that the competent authorities have the supervisory and investigatory powers necessary for the exercise of their functions . ### each member state shall ensure that the competent authorities have the resources and the supervisory and investigatory powers necessary for the exercise of their functions .


### before taking a decision , esma shall conduct a public consultation and , where appropriate , consult with the competent authorities of third countries . ### before taking a decision , esa shall conduct a public consultation and , where appropriate , consult with the european and third country supervisory authorities responsible for specific trading markets . where appropriate their expert opinion shall be taken into account before taking the decision on the eligibility of a class of derivatives for the clearing obligation referred to in article 3 .


### where appropriate , rules applicable to financial counterparties , should also apply to non - financial counterparties . it is recognised that non - financial counterparties use otc - contracts in order to cover themselves against commercial risks directly linked to their commercial activities . consequently , in determining whether a non - financial counterparty should be subject to the clearing obligation , consideration should be given to the purpose for which that non - financial counterparty uses otc derivatives and to the size of the exposures that it has in those instruments . when establishing the threshold for the clearing obligation , esma should consult all relevant authorities , as for example regulators responsible for commodity markets , in order to ensure that the particularities of these sectors are fully taken into account . moreover , by 31 december 2013 , the commission shall assess the systemic importance of the transactions of non - financial firms in otc derivatives in different sectors , including the energy sector . ### where appropriate , rules applicable to financial counterparties , should also apply to non - financial counterparties . it is recognised that non - financial counterparties use otc - contracts in order to cover themselves against commercial risks directly linked to their commercial activities . consequently , in determining whether a non - financial counterparty should be subject to the clearing obligation , consideration should be given to the purpose for which that non - financial counterparty uses otc derivatives and to the size of the exposures that it has in those instruments . balance - sheet ratios and the results of year - end audits should be used to determine whether the non - financial counterparty mainly uses otc derivatives in a way which can be shown on an objectively measurable basis to be directly linked to the undertaking’s business activity and funding arrangements . when establishing the threshold for the clearing obligation , esa should consult all relevant authorities , as for example regulators responsible for commodity markets , and the non - financial counterparties in order to ensure that the particularities of these sectors are fully taken into account . moreover , by 31 december 2013 , the commission shall assess the systemic importance of the transactions of non - financial firms in otc derivatives in different sectors , including the energy sector . should a comparable set of eu rules tailored to individual sectors come into force , the commission should immediately consider whether the sector should be removed from the scope of this regulation and put forward corresponding legislative proposals .


### ' financial counterparty ' means investment firms as set out in directive 2004 / 39 / ec , credit institutions as defined in directive 2006 / 48 / ec , insurance undertakings as defined in directive 73 / 239 / eec , assurance undertakings as defined in directive 2002 / 83 / ec , reinsurance undertakings as defined in directive 2005 / 68 / ec , undertakings for collective investments in transferable securities as defined in directive 2009 / 65 / ec , institutions for occupational retirement provision as defined in directive 2003 / 41 / ec and alternative investment funds managers as defined in directive 2010 / . . . / eu ; ### ' financial counterparty ' means an undertaking established in the union that is an investment firm authorised under directive 2004 / 39 / ec , a credit institution authorised under directive 2006 / 48 / ec , an insurance undertaking authorised under directive 73 / 239 / eec , an assurance undertaking authorised under directive 2002 / 83 / ec , a reinsurance undertaking as authorised under directive 2005 / 68 / ec , an undertaking authorised for collective investments in transferable securities authorised under directive 2009 / 65 / ec , institutions for occupational retirement provision subject of the requirements of directive 2003 / 41 / ec , or an alternative investment fund that is an eu alternative investment fund managed by an eu manager of alternative investment funds , within the meaning of directive 2010 / . . . / eu ;


### esma shall develop draft regulatory technical standards for submission to the commission by 30 june 2012 . ### esa shall submit those draft regulatory technical standards to the commission , following public consultation , by 30 june 2012 .


### esma shall , on its own initiative and in consultation with the european systemic risk board , identify and notify to the commission the classes of derivatives contracts that should be included in its public register , but for which no ccp has yet received authorisation . ### esa shall , on its own initiative and in consultation with the european systemic risk board , as well as following consultation where appropriate with the european and third country supervisory authorities responsible for specific trading markets , identify and notify to the commission the classes of derivatives contracts that should be included in its public register , but for which no ccp has yet received authorisation .


### on 23 september 2009 , the commission adopted proposals for three regulations establishing the european system of financial supervisors , including the creation of three european supervisory authorities to contribute to a consistent application of union legislation and to the establishment of high quality common regulatory and supervisory standards and practices . these are the european banking authority established by regulation … / …eu… , the european securities and markets authority established by regulation … / …eu… , and the european insurance and occupational pensions authority established by regulation … / …eu… . ### on 23 september 2009 , the commission adopted proposals for three regulations establishing the european system of financial supervisors , including the creation of three european supervisory authorities to contribute to a consistent application of union legislation and to the establishment of high quality common regulatory and supervisory standards and practices . these are the european supervisory authority established by regulation no 1093 / 2010… , the european supervisory authority established by regulation no 1094 / 2010 , and the european supervisory authority established by regulation no 1095 / 2010 . those authorities have a crucial role to play in safeguarding the stability of the financial sector . it is therefore essential continuously to ensure that the development of their work is a matter of high political priority and that they are adequately resourced .


### in calculating the average specific emissions of co2 , each new light commercial vehicle with specific emissions of co2 of less than 50 g co2 / km shall be counted as : – 2 , 5 light commercial vehicles in 2014 , – 1 , 5 light commercial vehicles in 2015 , – 1 light commercial vehicle from 2016 . ### in calculating the average specific emissions of co2 , each new light commercial vehicle with specific emissions of co2 of less than 50 g co2 / km shall be counted as : – 3 , 5 light commercial vehicles in 2015 , – 2 , 5 light commercial vehicles in 2016 , – 2 light commercial vehicles in 2017 , – 1 , 5 light commercial vehicles in 2018 .


### for the calendar year commencing 1 january 2014 and each subsequent calendar year , each manufacturer of light commercial vehicles shall ensure that its average specific emissions of co2 do not exceed its specific emissions target determined in accordance with annex i or , where a manufacturer is granted a derogation under article 10 , in accordance with that derogation . for the purpose of determining each manufacturer ' s specific emissions of co2 , the following percentages of each manufacturer ' s new light commercial vehicles registered in the relevant year shall be taken into account : – 75% in 2014 , – 80% in 2015 , – 100% from 2016 onwards . ### for the calendar year commencing 1 january 2015 and each subsequent calendar year , each manufacturer of complete light commercial vehicles shall ensure that its average specific emissions of co2 do not exceed its specific emissions target determined in accordance with annex i or , where a manufacturer is granted a derogation under article 10 , in accordance with that derogation . for the purpose of determining each manufacturer ' s specific emissions of co2 , the following percentages of each manufacturer ' s new light commercial vehicles registered in the relevant year shall be taken into account : – 75% in 2015 , – 80% in 2016 , – 100% from 2018 onwards . as of 1 january 2016 completed vehicles shall also be included in determining each manufacturer’s average specific co2 emissions .


### for the calendar year commencing 1 january 2014 and each subsequent calendar year , each manufacturer of light commercial vehicles shall ensure that its average specific emissions of co2 do not exceed its specific emissions target determined in accordance with annex i or , where a manufacturer is granted a derogation under article 10 , in accordance with that derogation . ### for the calendar year commencing 1 january 2015 and each subsequent calendar year , each manufacturer of light commercial vehicles shall ensure that its average specific emissions of co2 do not exceed its specific emissions target determined in accordance with annex i or , where a manufacturer is granted a derogation under article 10 , in accordance with that derogation .


### by 28 february of each year , commencing in 2013 , each member state shall determine and transmit to the commission the information listed in part b of annex ii in respect of the preceding calendar year . the data shall be transmitted in accordance with the format specified in part c of annex ii . ### by 28 february of each year , commencing in 2014 , each member state shall determine and transmit to the commission the information listed in part b of annex ii in respect of the preceding calendar year . the data shall be transmitted in accordance with the format specified in part c of annex ii .