### in the waters up to 100 nautical miles from the baselines of the azores , madeira and the canary islands , the member states concerned may from 1 january 2013 to 31 december 2022 restrict fishing to vessels registered in the ports of those islands . such restrictions shall not apply to union vessels that traditionally fish in those waters , in so far as those vessels do not exceed the fishing effort traditionally exerted . member states shall inform the commission of the restrictions put in place under this paragraph . ### in the waters up to 100 nautical miles from the baselines of the azores , madeira and the canary islands and from the fishing grounds and seamounts thereof that are further than 100 nautical miles , the member states concerned may from 1 january 2013 to 31 december 2022 restrict fishing to those vessels registered in the ports of these islands . continued access for union vessels that traditionally fish in those waters is conditional on the sustainability of fisheries resources . member states shall inform the commission of the restrictions put in place under this paragraph .


### in the waters up to 100 nautical miles from the baselines of the azores , madeira and the canary islands , the member states concerned may from 1 january 2013 to 31 december 2022 restrict fishing to vessels registered in the ports of those islands . such restrictions shall not apply to union vessels that traditionally fish in those waters , in so far as those vessels do not exceed the fishing effort traditionally exerted . member states shall inform the commission of the restrictions put in place under this paragraph . ### in the waters up to 100 nautical miles from the baselines of the outermost regions , the member states concerned may from 1 january 2013 to 31 december 2022 restrict fishing to vessels registered in the ports of those regions . such restrictions shall not apply to union vessels able to prove that they traditionally fish in those waters , in so far as those vessels do not exceed the fishing effort traditionally exerted . member states shall inform the commission of the restrictions put in place under this paragraph .


### member state measures within the 12 nautical mile zone ### member state measures within the 12 nautical mile zone and in the 100 nautical mile zone around the outermost regions


### a member state may take non - discriminatory measures for the conservation and management of fish stocks and to minimise the effect of fishing on the conservation of marine eco - systems within 12 nautical miles of its baselines provided that the union has not adopted measures addressing conservation and management specifically for that area . the member state measures shall be compatible with the objectives set out in articles 2 and 3 and no less stringent than those in existing union legislation . ### a member state may take non - discriminatory measures for the conservation and management of fish stocks and to minimise the effect of fishing on the conservation of marine eco - systems within 12 nautical miles of its baselines and within the 100 nautical mile zone around the outermost regions within the limit of their exclusive economic zone , provided that the union has not adopted measures addressing conservation and management specifically for that area . the member state measures shall be compatible with the objectives set out in articles&#160 ; 2 and 3 and no less stringent than those in existing union legislation .


### having regard to the treaty on the functioning of the european union , and in particular article 172 thereof , ### having regard to the treaty on the functioning of the european union , and in particular articles 172 , 174 and 349 thereof ,


### a fully functioning single market depends on modern , highly performing infrastructure connecting europe particularly in the areas of transport , energy and telecommunications . these growth enhancing connections would provide better access to the internal market and consequently contribute to a more competitive market economy in line with europe 2020 strategy ' s objectives and targets . ### a fully functioning single market depends on modern , integrated , highly performing infrastructure connecting europe particularly in the areas of transport , energy and telecommunications . these growth enhancing connections would provide better access to the internal market and consequently contribute to a more competitive market economy in line with europe 2020 strategy ' s objectives and targets .


### experience with the current financial framework shows that many member states , which are eligible to the cohesion fund , are facing significant obstacles in delivering on time complex cross - border transport infrastructure projects with a high union added value . therefore , in order to improve the delivery of transport projects , in particular cross - border ones , with a high union added value , part of the cohesion fund allocation should be transferred to finance transport projects on the transport core network in the member states eligible to the cohesion fund under the connecting europe facility . the commission should support member states eligible to the cohesion fund to develop an adequate pipeline of projects in order to give greatest possible priority to the national allocations under the cohesion fund . ### experience with the current financial framework shows that some member states , which are eligible to the cohesion fund , are facing significant obstacles in delivering on time complex cross - border transport infrastructure projects with a high union added value . therefore , in order to improve the delivery of transport projects , in particular cross - border ones , with a high union added value , part of the cohesion fund should be allocated , upon prior agreement between the commission and the member states concerned , to finance transport projects on the transport core network in the member states eligible to the cohesion fund under the connecting europe facility . the commission should support member states eligible to the cohesion fund to develop and implement agreed projects .


### experience with the current financial framework shows that many member states , which are eligible to the cohesion fund , are facing significant obstacles in delivering on time complex cross - border transport infrastructure projects with a high union added value . therefore , in order to improve the delivery of transport projects , in particular cross - border ones , with a high union added value , part of the cohesion fund allocation should be transferred to finance transport projects on the transport core network in the member states eligible to the cohesion fund under the connecting europe facility . the commission should support member states eligible to the cohesion fund to develop an adequate pipeline of projects in order to give greatest possible priority to the national allocations under the cohesion fund . ### experience with the current financial framework shows that many member states , which are eligible to the cohesion fund , are facing significant obstacles in delivering on time complex cross - border transport infrastructure projects with a high union added value . therefore , in order to improve the delivery of transport projects , in particular cross - border ones , with a high union added value , part of the cohesion fund allocation should be transferred to finance transport projects on the transport core network in the member states eligible to the cohesion fund respecting national allocations for the projects listed in the annex of this regulation . the commission should support member states eligible to the cohesion fund to develop an adequate pipeline of projects in order to give greatest possible priority to the national allocations under the cohesion fund .


### on the basis of the sector specific guidelines laid down in separate regulations , a list of priority areas for which this regulation should apply has been drawn up and should be included in the annex . in order to take into account possible changes in political priorities and technological capabilities , as well as traffic flows , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission in respect of adopting amendments to the annex . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level . the commission , when preparing and drawing - up delegated acts , should ensure a simultaneous , timely and appropriate transmission of relevant documents to the european parliament and to the council . ### on the basis of the sector specific guidelines laid down in separate regulations , a list of priority areas for which this regulation should apply has been drawn up and should be included in the annex . in order to take into account possible changes in political priorities and technological capabilities , as well as traffic flows , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission in respect of adopting amendments to the annex . the commission should carry out appropriate consultations during its preparatory work , including at expert level . the commission , when preparing and drawing - up delegated acts , should ensure a simultaneous , timely and appropriate transmission of relevant documents to the european parliament and to the council .


### promoting the interconnection and interoperability of national public services on - line as well as access to such networks , to be measured by the percentage of citizens and businesses using public services on - line and the availability of such services across borders . ### promoting the interconnection and interoperability of national public services on - line as well as access to such networks , especially in rural areas , to be measured by the percentage of citizens and businesses using public services on - line and the availability of such services across borders .


### transport : eur 31 694 000 000 , out of which eur 10 000 000 000 shall be transferred from the cohesion fund to be spent in line with this regulation in member states eligible for funding from the cohesion fund ; ### transport : eur xxx , out of which eur xxx shall be made available from the cohesion fund to be spent in line with this regulation , with regulation no [ . . . ] / 2012 [ cpr ] , and with regulation no [ . . . ] / 2012 [ cohesion fund ] , in member states eligible for funding from the cohesion fund ;


### energy : eur 9 121 000 000 ; ### energy : eur xxx ;


### telecommunications : eur 9 185 000 000 . ### telecommunications : eur xxx .


### rail and inland waterways : the amount of union financial aid shall not exceed 20% of the eligible cost ; the funding rate may be increased to 30% for actions addressing bottlenecks ; the funding rate may be increased to 40% for actions concerning cross - border sections ; ### rail and inland waterways : the amount of union financial aid shall not exceed 20% of the eligible cost ; the funding rate may be increased to 30% for actions addressing bottlenecks ; the funding rate may be increased to 40% for actions concerning cross - border sections ; 20% of the funding under the cef shall be earmarked for programmes on border crossing points ;


### as regards the eur 10 000 000 000 transferred from the cohesion fund [ regulation xxx article xx ] to be spent in member states eligible for funding from the cohesion fund , specific calls shall be launched for projects implementing the core network exclusively in member states eligible for funding from the cohesion fund . ### as regards the eur xxx made available from the cohesion fund to be spent for projects implementing the core network exclusively in member states eligible for funding from the cohesion fund , the commission shall adopt a decision by implementing act after a prior agreement with the member state concerned , setting out the amount to be allocated and the transport infrastructure projects of european added value that will be carried out by each member state .


### following an evaluation of the progress of the project , in particular in the event of major delays in the implementation of the action . ### following an evaluation of the progress of the project , in particular in the event of major delays in the implementation of the action resulting from direct responsibility of the beneficiaries .


### member states shall for projects related to transport and energy sectors , undertake the technical monitoring and financial control of actions in close cooperation with the commission and shall certify the reality and the conformity of the expenditure incurred in respect of projects or parts of projects . the member states may request the participation of the commission during on - the - spot checks . ### member states shall for projects related to transport , energy and telecommunications sectors , undertake the technical monitoring and financial control of actions in close cooperation with the commission and shall certify the reality and the conformity of the expenditure incurred in respect of projects or parts of projects . the member states may request the participation of the commission during on - the - spot checks .


### in the field of telecommunications in particular , the national regulatory authorities shall make every effort to ensure the required legal certainty and investment conditions facilitating the implementation of the projects receiving union financial aid under this regulation . ### in the field of telecommunications the national regulatory authorities shall also make every effort to ensure the required legal certainty and investment conditions facilitating the implementation of the projects receiving union financial aid under this regulation .


### the commission shall take appropriate measures ensuring that , when actions financed under this regulation are implemented , the financial interests of the union are protected by the application of preventive measures against fraud , corruption and any other illegal activities , by effective checks and , if irregularities are detected , by the recovery of the amounts wrongly paid and , where appropriate , by effective , proportional and deterrent penalties . ### the commission shall take appropriate measures ensuring that , when actions financed under this regulation are implemented , the financial interests of the union are protected by ensuring that costs are not disproportionate for infrastructure of the same type in the different member states taking into due consideration local prices , by the application of preventive measures against fraud , corruption and any other illegal activities , by effective checks and , if irregularities are detected , by the recovery of the amounts wrongly paid and , where appropriate , by effective , proportional and deterrent penalties .


### the protection of natural persons in relation to the processing of personal data is fundamental right . article 8 of the charter of fundamental rights of the european union and article 16 of the treaty of the functioning of the european union lay down that everyone has the right to the protection of personal data concerning him or her . ### the protection of natural persons in relation to the processing of personal data is fundamental right . article 8 of the charter of fundamental rights of the european union and article 16 of the treaty of the functioning of the european union lay down that everyone has the right to the protection of personal data concerning him or her . article 8 of the charter of fundamental rights of the european union lays down that such data must be processed fairly for specified purposes and on the basis of the consent of the person concerned or some other legitimate basis laid down by law and that everyone has the right of access to data which has been collected concerning him or her , and the right to have it rectified .


### this requires facilitating the free flow of data between competent authorities within the union and the transfer to third countries and international organisations , while ensuring a high level of protection of personal data . these developments require building a strong and more coherent data protection framework in the union , backed by strong enforcement . ### wherever necessary and proportionate this requires facilitating the free flow of data between competent authorities within the union and the transfer to third countries and international organisations , while ensuring a high level of protection of personal data . these developments require building a strong and more coherent data protection framework in the union , backed by strong enforcement .


### ensuring a consistent and high level of protection of the personal data of individuals and facilitating the exchange of personal data between competent authorities of members states is crucial in order to ensure effective judicial co - operation in criminal matters and police cooperation . to that aim , the level of protection of the rights and freedoms of individuals with regard to the processing of personal data by competent authorities for the purposes of prevention , investigation , detection or prosecution of criminal offences or the execution of criminal penalties must be equivalent in all member states . effective protection of personal data throughout the union requires strengthening the rights of data subjects and the obligations of those who process personal data , but also equivalent powers for monitoring and ensuring compliance with the rules for the protection of personal data in the member states . ### ensuring a consistent and high level of protection of the personal data of individuals and thus facilitating the exchange of personal data between competent authorities of members states is crucial in order to ensure effective judicial co - operation in criminal matters and police cooperation . to that aim , the level of protection of the rights and freedoms of individuals with regard to the processing of personal data by competent authorities for the purposes of prevention , investigation , detection or prosecution of criminal offences or the execution of criminal penalties must be equivalent in all member states . consistent and homogenous application of the rules for the protection of the fundamental rights and freedoms of natural persons with regard to the processing of personal data should be ensured throughout the union . effective protection of personal data throughout the union requires strengthening the rights of data subjects and the obligations of those who process personal data , but also equivalent powers for monitoring and ensuring compliance with the rules for the protection of personal data in the member states .


### therefore a distinct directive should meet the specific nature of these fields and lay down the rules relating to the protection of individuals with regard to the processing of personal data by competent authorities for the purposes of prevention , investigation , detection or prosecution of criminal offences or the execution of criminal penalties . ### therefore a specific directive should meet the specific nature of these fields and lay down the rules relating to the protection of individuals with regard to the processing of personal data by competent authorities for the purposes of prevention , investigation , detection or prosecution of criminal offences or the execution of criminal penalties .


### the principles of protection should apply to any information concerning an identified or identifiable natural person . to determine whether a natural person is identifiable , account should be taken of all the means likely reasonably to be used either by the controller or by any other person to identify the individual . the principles of data protection should not apply to data rendered anonymous in such a way that the data subject is no longer identifiable . ### the principles of protection should apply to any information concerning an identified or identifiable natural person . to determine whether a natural person is identifiable , account should be taken of all the means likely reasonably to be used either by the controller or by any other person to identify the individual . the principles of data protection should not apply to data rendered anonymous in such a way that the data subject is no longer identifiable . given the importance of the developments under way in the framework of the information society , of the techniques used to capture , transmit , manipulate , record , store or communicate location data relating to natural persons , which may be used for different purposes including surveillance or creating profiles , this directive should be applicable to processing involving such personal data .


### in order to be lawful , the processing of personal data should be necessary for compliance with a legal obligation to which the controller is subject , for the performance of a task carried out in the public interest by a competent authority based on law or in order to protect the vital interests of the data subject or of another person , or for the prevention of an immediate and serious threat to public security . ### in order to be lawful , the processing of personal data should be only allowed when necessary for compliance with a legal obligation to which the controller is subject , for the performance of a task carried out in the public interest by a competent authority based on union or national law which should contain explicit and detailed provisions at least as to the objectives , the personal data , the specific purposes and means , designate or allow to designate the controller , the procedures to be followed , the use and limitations of the scope of any discretion conferred to the competent authorities in relation to the processing activities .


### personal data which are , by their nature , particularly sensitive in relation to fundamental rights or privacy , including genetic data , deserve specific protection . such data should not be processed , unless processing is specifically authorised by a law which provides for suitable measures to safeguard the data subject ' s legitimate interests ; or processing is necessary to protect the vital interests of the data subject or of another person ; or the processing relates to data which are manifestly made public by the data subject . ### personal data which are , by their nature , particularly sensitive and vulnerable in relation to fundamental rights or privacy , deserve specific protection . such data should not be processed , unless processing is specifically necessary for the performance of a task carried out in the public interest , on the basis of union or national law which provides for suitable measures to safeguard the data subject ' s legitimate interests ; or processing is necessary to protect the vital interests of the data subject or of another person ; or the processing relates to data which are manifestly made public by the data subject .


### modalities should be provided for facilitating the data subject’s exercise of their rights under this directive , including mechanisms to request , free of charge , in particular access to data , rectification and erasure . the controller should be obliged to respond to requests of the data subject without undue delay . ### modalities should be provided for facilitating the data subject’s exercise of their rights under this directive , including mechanisms to request , free of charge , in particular access to data , rectification and erasure . the controller should be obliged to respond to requests of the data subject without delay .


### any person should have the right of access to data which has been collected concerning them , and to exercise this right easily , in order to be aware of and verify the lawfulness of the processing . every data subject should therefore have the right to know about and obtain communication in particular of the purposes for which the data are processed , for what period , which recipients receive the data , including in third countries . data subjects should be allowed to receive a copy of their personal data which are being processed . ### any person should have the right of access to data which has been collected concerning them , and to exercise this right easily , in order to be aware of and verify the lawfulness of the processing . every data subject should therefore have the right to know about and obtain communication in particular of the purposes for which the data are processed , for what period , which recipients receive the data , including in third countries , and the right to lodge a complaint to the supervisory authority and its contact details . data subjects should be allowed to receive a copy of their personal data which are being processed .


### member states should be allowed to adopt legislative measures delaying , restricting or omitting the information of data subjects or the access to their personal data to the extent that and as long as such partial or complete restriction constitutes a necessary and proportionate measure in a democratic society with due regard for the legitimate interests of the person concerned , to avoid obstructing official or legal inquiries , investigations or procedures , to avoid prejudicing the prevention , detection , investigation and prosecution of criminal offences or for the execution of criminal penalties , to protect public security or national security , or , to protect the data subject or the rights and freedoms of others . ### member states should be allowed to adopt legislative measures delaying , restricting the information of data subjects or the access to their personal data to the extent that and as long as such partial or complete restriction constitutes a necessary and proportionate measure in a democratic society with due regard for the fundamental rights and the legitimate interests of the person concerned , to avoid obstructing official or legal inquiries , investigations or procedures , to avoid prejudicing the prevention , detection , investigation and prosecution of criminal offences or for the execution of criminal penalties , to protect public security or national security , or , to protect the data subject or the rights and freedoms of others . the controller should assess by way of concrete and individual examination of each case if partial or complete restriction of the right of access should apply .


### where member states have adopted legislative measures restricting wholly or partly the right to access , the data subject should have the right to request that the competent national supervisory authority checks the lawfulness of the processing . the data subject should be informed of this right . when access is exercised by the supervisory authority on behalf of the data subject , the data subject should be informed by the supervisory authority at least that all necessary verifications by the supervisory authority have taken place and of the result as regards to the lawfulness of the processing in question . ### where member states have adopted legislative measures restricting wholly or partly the right to access , the data subject should have the right to request that the competent national supervisory authority checks the lawfulness of the processing . the data subject should be informed of this right . when access is exercised by the supervisory authority on behalf of the data subject , the data subject should be informed by the supervisory authority at least that all necessary verifications by the supervisory authority have taken place and of the result as regards to the lawfulness of the processing in question . the supervisory authority should also inform the data subject of the right to seek a judicial remedy .


### any person should have the right to have inaccurate personal data concerning them rectified and the right of erasure where the processing of such data is not in compliance with the main principles laid down in this directive . where the personal data are processed in the course of a criminal investigation and proceedings , , rectification , the rights of information , access , erasure and restriction of processing may be carried out in accordance with national rules on judicial proceedings . ### any person should have the right to have inaccurate or unlawfully processed personal data concerning them rectified and the right of erasure where the processing of such data is not in compliance with the provisions laid down in this directive . where the personal data are processed in the course of a criminal investigation and proceedings , rectification , the rights of information , access , erasure and restriction of processing may be carried out in accordance with national rules on judicial proceedings .


### comprehensive responsibility and liability of the controller for any processing of personal data carried out by the controller or on the controller ' s behalf should be established . in particular , the controller should ensure the compliance of processing operations with the rules adopted pursuant to this directive . ### comprehensive responsibility and liability of the controller for any processing of personal data carried out by the controller or on the controller ' s behalf should be established . in particular , the controller should ensure and be obliged to be able to demonstrate compliance of each processing operation with the rules adopted pursuant to this directive .


### a personal data breach may , if not addressed in an adequate and timely manner , result in harm , including reputational damage to the individual concerned . therefore , as soon as the controller becomes aware that such a breach has occurred , it should notify the breach to the competent national authority . the individuals whose personal data or privacy could be adversely affected by the breach should be notified without undue delay in order to allow them to take the necessary precautions . a breach should be considered as adversely affecting the personal data or privacy of an individual where it could result in , for example , identity theft or fraud , physical harm , significant humiliation or damage to reputation in connection with the processing of personal data . ### a personal data breach may , if not addressed in an adequate and timely manner , result in a substantial economic loss and social harm , including identity fraud , to the individual concerned . therefore , as soon as the controller becomes aware that such a breach has occurred , it should notify the breach to the competent national authority . the individuals whose personal data or privacy could be adversely affected by the breach should be notified without delay in order to allow them to take the necessary precautions . a breach should be considered as adversely affecting the personal data or privacy of an individual where it could result in , for example , identity theft or fraud , physical harm , significant humiliation or damage to reputation in connection with the processing of personal data . the notification should include information about measures taken by the provider to address the breach , as well as recommendations for the subscriber or individual concerned . notifications to data subject should be made as soon as feasible and in close cooperation with the supervisory authority and respecting guidance provided by it .


### the controller or the processor should designate a person who would assist the controller or processor to monitor compliance with the provisions adopted pursuant to this directive . a data protection officer may be appointed jointly by several entities of the competent authority . the data protection officers must be in a position to perform their duties and tasks independently and effectively . ### the controller or the processor should designate a person who would assist the controller or processor to monitor and demonstrate compliance with the provisions adopted pursuant to this directive . where several competent authorities are acting under the supervision of a central authority , at least this central authority should designate such data protection officer . the data protection officers must be in a position to perform their duties and tasks independently and effectively , in particular by establishing rules that avoid conflict of interest with other tasks performed by the data protection officer .


### member states should ensure that a transfer to a third country only takes place if it is necessary for the prevention , investigation , detection or prosecution of criminal offences or the execution of criminal penalties , and the controller in the third country or international organisation is an authority competent within the meaning of this directive . a transfer may take place in cases where the commission has decided that the third country or international organisation in question ensures an adequate level or protection , or when appropriate safeguards have been adduced . ### member states should ensure that a transfer to a third country only takes place if this specific transfer is necessary for the prevention , investigation , detection or prosecution of criminal offences or the execution of criminal penalties , and the controller in the third country or international organisation is a public authority competent within the meaning of this directive . a transfer may take place in cases where the commission has decided that the third country or international organisation in question ensures an adequate level or protection , or when appropriate safeguards have been adduced , or where appropriate safeguards have been adduced by way of a legally binding instrument .


### the establishment of supervisory authorities in member states , exercising their functions with complete independence , is an essential component of the protection of individuals with regard to the processing of their personal data . the supervisory authorities should monitor the application of the provisions pursuant to this directive and contribute to its consistent application throughout the union , in order to protect natural persons in relation to the processing of their personal data . for that purpose , the supervisory authorities should co - operate with each other and the commission . ### the establishment of supervisory authorities in member states , exercising their functions with complete independence , is an essential component of the protection of individuals with regard to the processing of their personal data . the supervisory authorities should monitor the application of the provisions pursuant to this directive and contribute to its consistent application throughout the union , in order to protect natural persons in relation to the processing of their personal data . for that purpose , the supervisory authorities should co - operate with each other .


### member states should be allowed to establish more than one supervisory authority to reflect their constitutional , organisational and administrative structure . each supervisory authority should be provided with adequate financial and human resources , premises and infrastructure , which are necessary for the effective performance of their tasks , including for the tasks related to mutual assistance and co - operation with other supervisory authorities throughout the union . ### member states should be allowed to establish more than one supervisory authority to reflect their constitutional , organisational and administrative structure . each supervisory authority should be provided with adequate financial and human resources , premises and infrastructure , including technical capabilities , experience and skills , which are necessary for the effective performance of their tasks , including for the tasks related to mutual assistance and cooperation with other supervisory authorities throughout the union ;


### the supervisory authorities should assist one another in performing their duties and provide mutual assistance , so as to ensure the consistent application and enforcement of the provisions adopted pursuant to this directive . ### the supervisory authorities should assist one another in performing their duties and provide mutual assistance , so as to ensure the consistent application and enforcement of the provisions adopted pursuant to this directive . each supervisory authority should be ready to participate in joint operations . the requested supervisory authority should be obliged to respond in a defined time period to the request .


### the european data protection board established by regulation … . / 2012 should contribute to the consistent application of this directive throughout the union , including advising the commission and promoting the co - operation of the supervisory authorities throughout the union . ### the european data protection board established by regulation … . / 2012 should contribute to the consistent application of this directive throughout the union , including advising the union institutions , promoting the co - operation of the supervisory authorities throughout the union , and give its opinion to the commission in the preparation of delegated and implementing acts based on this directive .


### the examination procedure should be used for the adoption of measures as regards documentation by controllers and processors , security of processing , notification of a personal data breach to the supervisory authority , and the adequate level of protection afforded by a third country or a territory or a processing sector within that third country or an international organisation , given that those acts are of general scope . ### the examination procedure should be used for the adoption of measures as regards security of processing and notification of a personal data breach to the supervisory authority , given that those acts are of general scope .


### this directive lays down the rules relating to the protection of individuals with regard to the processing of personal data by competent authorities for the purposes of the prevention , investigation , detection or prosecution of criminal offences or the execution of criminal penalties . ### this directive lays down the rules relating to the protection of individuals with regard to the processing of personal data by competent authorities for the purposes of the prevention , investigation , detection or prosecution of criminal offences or the execution of criminal penalties and rules relating to free movement of such personal data .


### processed fairly and lawfully ; ### processed fairly and lawfully and in a transparent manner in relation to the data subject ;


### member states shall provide that the controller takes all reasonable steps to establish procedures for providing the information referred to in article 11 and for the exercise of the rights of data subjects referred to in articles 12 to 17 . ### member states shall provide that the controller establishes procedures for providing the information referred to in article 11 and for the exercise of the rights of data subjects referred to in articles 12 to 17 . where personal data are processed by automated means , the controller shall provide also means for requests to be made electronically .


### the purposes of the processing ; ### the purposes of the processing as well as the legal grounds for processing ;


### member states shall ensure that the controller documents the grounds for omitting the communication of the factual or legal reasons on which the decision is based . ### member states shall ensure that the controller documents the assessment referred to in paragraph 2 as well as the grounds for restricting the communication of the factual or legal reasons on which the decision is based .


### member states shall provide for the right of the data subject to obtain from the controller the rectification of personal data relating to them which are inaccurate . the data subject shall have the right to obtain completion of incomplete personal data , in particular by way of a corrective statement . ### member states shall provide for the right of the data subject to obtain from the controller the rectification of personal data relating to them which are inaccurate . the data subject shall have the right to obtain completion or correction of incomplete or inaccurate personal data , in particular by way of a completing or corrective statement .


### member states shall provide that the carrying out of processing by a processor must be governed by a legal act binding the processor to the controller and stipulating in particular that the processor shall act only on instructions from the controller , in particular , where the transfer of the personal data used is prohibited . ### member states shall provide that the carrying out of processing by means of a processor must be governed by a contract or legal act binding the processor to the controller and stipulating in particular that the processor shall : act only on instructions from the controller ; employ only staff who have agreed to be bound by an obligation of confidentiality or are under a statutory obligation of confidentiality ; take all required measures pursuant to article 28 ; engage another processor only with the permission of the controller and therefore inform the controller of the intention to engage another processor in such a timely fashion that the controller has the possibility to object ; insofar as it is possible given the nature of the processing , adopt in agreement with the controller the necessary technical and organisational requirements for the fulfilment of the controller’s obligation to respond to requests for exercising the data subject’s rights laid down in chapter iii ; assist the controller in ensuring compliance with the obligations pursuant to articles 28 to 32 ; hand all results over to the controller after the end of the processing and not otherwise process the personal data ; make available to the controller and the supervisory authority all the information necessary to verify compliance with the obligations laid down in this article ; take into account the principle of data protection by design and default .


### in response to the supervisory authority ' s exercise of its powers under points and of article 46 , the controller and the processor shall reply to the supervisory authority within a reasonable period . the reply shall include a description of the measures taken and the results achieved , in response to the remarks of the supervisory authority . ### in response to the supervisory authority ' s exercise of its powers under point of article 46 , the controller and the processor shall reply to the supervisory authority within a reasonable period , to be specified by the supervisory authority . the reply shall include a description of the measures taken and the results achieved , in response to the remarks of the supervisory authority .


### member states shall provide that the controller or the processor designates a data protection officer . ### member states shall provide that the controller or the processor designates at least one data protection officer .


### the data protection officer shall be designated on the basis of professional qualities and , in particular , expert knowledge of data protection law and practices and ability to fulfil the tasks referred to in article 32 . ### the data protection officer shall be designated on the basis of professional qualities and , in particular , expert knowledge of data protection law and practices and ability to fulfil the tasks referred to in article 32 . the necessary level of expert knowledge shall be determined in particular according by the data processing carried out and the protection required for the personal data processed by the controller or the processor .


### to monitor the application for prior consultation to the supervisory authority , if required pursuant to article 26 ; ### to monitor the performance of the data protection impact assessment by the controller or processor and the application for prior consultation to the supervisory authority , if required pursuant to article 26 ;


### the rule of law , relevant legislation in force , both general and sectoral , including concerning public security , defence , national security and criminal law as well as the security measures which are complied with in that country or by that international organisation ; as well as effective and enforceable rights including effective administrative and judicial redress for data subjects , in particular for those data subjects residing in the union whose personal data are being transferred ; ### the rule of law , relevant legislation in force , including concerning public security , defence , national security and criminal law as well as the security measures which are complied with in that country or by that international organisation ; as well as effective and enforceable rights including effective administrative and judicial redress for data subjects , in particular for those data subjects residing in the union whose personal data are being transferred ;


### member states shall provide that each supervisory authority must in particular be endowed with : investigative powers , such as powers of access to data forming the subject matter of processing operations and powers to collect all the information necessary for the performance of its supervisory duties ; effective powers of intervention , such as the delivering of opinions before processing is carried out , and ensuring appropriate publication of such opinions , ordering the restriction , erasure or destruction of data , imposing a temporary or definitive ban on processing , warning or admonishing the controller , or referring the matter to national parliaments or other political institutions ; the power to engage in legal proceedings where the provisions adopted pursuant to this directive have been infringed or to bring this infringement to the attention of the judicial authorities . ### member states shall provide that each supervisory authority has the power : to notify the controller or the processor of an alleged breach of the provisions governing the processing of personal data , and , where appropriate , order the controller or the processor to remedy that breach , in a specific manner , in order to improve the protection of the data subject ; to order the controller to comply with the data subject ' s requests to exercise his or her rights under this directive , including those provided by articles 12 to 17 where such requests have been refused in breach of those provisions ; to order the controller or the processor to provide information pursuant to article 10 and and articles 11 , 28 and 29 ; to ensure compliance with opinions on prior consultations referred to in article 26 ; to warn or admonish the controller or the processor ; to order the rectification , erasure or destruction of all data when they have been processed in breach of the provisions adopted pursuant to this directive and the notification of such actions to third parties to whom the data have been disclosed ; to impose a temporary or definitive ban on processing ; to suspend data flows to a recipient in a third country or to an international organisation ; to inform national parliaments , the government or other public institutions as well as the public on the matter . 2 . each supervisory authority shall have the investigative power to obtain from the controller or the processor : access to all personal data and to all information necessary for the performance of its supervisory duties , access to any of its premises , including to any data processing equipment and means , in accordance with national law , where there are reasonable grounds for presuming that an activity in violation of the provisions adopted pursuant to this directive is being carried out there , without prejudice to a judicial authorisation if required by national law . 3 . each supervisory authority shall have the power to bring violations of the provisions adopted pursuant to this directive to the attention of the judicial authorities and to engage in legal proceedings and bring an action to the competent court pursuant to article 53 . 4 . each supervisory authority shall have the power to impose penalties in respect of administrative offences .


### member states shall provide that a supervisory authority takes all appropriate measures required to reply to the request of another supervisory authority . ### member states shall provide that a supervisory authority takes all appropriate measures required to reply to the request of another supervisory authority . such measures may include , in particular , the transmission of relevant information or enforcement measures to bring about the cessation or prohibition of processing operations contrary to this directive without delay and not later than one month after having received the request .


### advise the commission on any issue related to the protection of personal data in the union , including on any proposed amendment of this directive ### advise the union institutions on any issue related to the protection of personal data in the union , including on any proposed amendment of this directive ;


### examine , on request of the commission or on its own initiative or of one of its members , any question covering the application of the provisions adopted pursuant to this directive and issue guidelines , recommendations and best practices addressed to the supervisory authorities in order to encourage consistent application of those provisions ; ### examine , on request of the commission , the european parliament or the council or on its own initiative or of one of its members , any question covering the application of the provisions adopted pursuant to this directive and issue guidelines , recommendations and best practices addressed to the supervisory authorities in order to encourage consistent application of those provisions , including on the use of enforcement powers ;


### promote the co - operation and the effective bilateral and multilateral exchange of information and practices between the supervisory authorities ; ### promote the co - operation and the effective bilateral and multilateral exchange of information and practices between the supervisory authorities , including the coordination of joint operations and other joint activities where it so decides at the request of one or more supervisory authorities ;


### where the commission requests advice from the european data protection board , it may lay out a time limit within which the european data protection board shall provide such advice , taking into account the urgency of the matter . ### where the european parliament , the council or the commission requests advice from the european data protection board , it may lay out a time limit within which the european data protection board shall provide such advice , taking into account the urgency of the matter .


### member states shall provide for the right to a judicial remedy against decisions of a supervisory authority . ### member states shall provide for the right for each natural or legal person to a judicial remedy against decisions of a supervisory authority concerning them .


### each data subject shall have the right to a judicial remedy for obliging the supervisory authority to act on a complaint , in the absence of a decision which is necessary to protect their rights , or where the supervisory authority does not inform the data subject within three months on the progress or outcome of the complaint pursuant to point of article 45 . ### member states shall provide that each data subject shall have the right to a judicial remedy for obliging the supervisory authority to act on a complaint , in the absence of a decision which is necessary to protect their rights , or where the supervisory authority does not inform the data subject within three months on the progress or outcome of the complaint pursuant to point of article 45 .


### member states shall provide that any person who has suffered damage as a result of an unlawful processing operation or of an action incompatible with the provisions adopted pursuant to this directive shall have the right to receive compensation from the controller or the processor for the damage suffered . ### member states shall provide that any person who has suffered damage , including non pecuniary loss , as a result of an unlawful processing operation or of an action incompatible with the provisions adopted pursuant to this directive shall have the right to receive compensation from the controller or the processor for the damage suffered .


### that investment firms regularly update bid and offer prices published in accordance with article 13 and maintain prices which reflect the prevailing market conditions ; ### that investment firms regularly update bid and offer prices published in accordance with article 13 and maintain prices which reflect market conditions ;


### it ensures market transparency and integrity by preventing market abuse in the form of insider dealing and market manipulation . ### it ensures market transparency and integrity by preventing market abuse in the form of speculation , insider dealing , and market manipulation .


### for each securities settlement system it operates , a csd shall establish procedures that facilitate settlement of transactions in financial instruments referred to in article 5 that are not settled on the intended settlement date . these procedures shall provide for a sufficiently deterrent penalty mechanism for participants that cause the settlement fails . ### for each securities settlement system it operates , a csd shall establish procedures that facilitate settlement of transactions in financial instruments referred to in article 5 that are not settled on the settlement due date . these procedures shall provide for a effective deterrent penalty mechanism for participants that cause the settlement fails .


### a participant to a securities settlement system that fails to deliver the financial instruments referred to in article 5 to the receiving participant on the intended settlement date shall be subject to a buy - in whereby those instruments shall be bought in the market no later than four days after the intended settlement date and delivered to that receiving participant and other measures in accordance with paragraph 4 . ### a participant to a securities settlement system that fails to deliver the financial instruments referred to in article 5 to the receiving participant on the settlement due date shall be subject to a buy - in whereby those instruments shall be bought in the market no later than two days , or four days for financial instruments that are admitted to trading on an sme growth market , after the settlement due date and delivered to that receiving participant and other measures in accordance with paragraph 4 .


### in the development , production and dissemination of european statistics , the national and european statistical authorities should take account of the principles set out in the european statistics code of practice as reviewed and updated by the european statistical system committee on 28 september 2011 . ### in the development , production and dissemination of european statistics , the national and european statistical authorities , and where applicable , those at regional level , should take account of the principles set out in the european statistics code of practice as reviewed and updated by the european statistical system committee on 28 september 2011 .


### uniform conditions related to the breakdown of data referred to in paragraphs 1 and 2 , as well as to the frequency , deadlines and revisions of data , shall be adopted in accordance with the examination procedure referred to in article 9 . ### the commission shall adopt implementing acts laying down uniform conditions for the breakdown of data referred to in paragraphs 1 and 2 , as well as to the frequency , deadlines and revisions of data . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 9 . those uniform conditions shall , to the greatest extent possible , not place any additional budgetary or administrative burden on national or regional statistical authorities .


### a limited number of categories of food constitutes the sole source of nourishment of certain groups of the population or represent a partial source of nourishment ; such categories of food are vital for the management of certain conditions and / or are essential to maintain the intended nutritional adequacy for certain well - established vulnerable groups of the population . those categories of food include infant formulae and follow - on formulae , processed cereal - based food and baby food and food for special medical purposes . experience has shown that the provisions laid down in commission directive 2006 / 141 / ec , commission directive 2006 / 125 / ec , as well as commission directive 1999 / 21 / ec ensure the free movement of such food in a satisfactory manner , while ensuring a high level of protection of public health . it is therefore appropriate that this regulation focuses on the general compositional and information requirements for infant formula and follow - on formulae , processed cereal - based food and baby food for infants and young children and to food for special medical purposes , taking into account commission directive 2006 / 141 / ec , commission directive 2006 / 125 / ec and commission directive 1999 / 21 / ec . ### a limited number of categories of food constitutes the sole source of nourishment of certain groups of the population or represent a partial source of nourishment ; such categories of food are vital for the management of certain conditions and / or are essential to maintain the intended nutritional adequacy for certain well - established vulnerable groups of the population . those categories of food include infant formulae and follow - on formulae , processed cereal - based food and baby food and food for special medical purposes , and food for people intolerant to gluten . experience has shown that the provisions laid down in commission directive 2006 / 141 / ec , commission directive 2006 / 125 / ec , as well as commission directive 1999 / 21 / ec , and commission regulation no 41 / 2009 ensure the free movement of such food in a satisfactory manner , while ensuring a high level of protection of public health . it is therefore appropriate that this regulation focuses on the general compositional and information requirements for infant formula and follow - on formulae , processed cereal - based food and baby food for infants and young children and to food for special medical purposes , and food for people intolerant to gluten taking into account commission directive 2006 / 141 / ec , commission directive 2006 / 125 / ec and commission directive 1999 / 21 / ec , and commission regulation no 41 / 2009 .


### a limited number of categories of food constitutes the sole source of nourishment of certain groups of the population or represent a partial source of nourishment ; such categories of food are vital for the management of certain conditions and / or are essential to maintain the intended nutritional adequacy for certain well - established vulnerable groups of the population . those categories of food include infant formulae and follow - on formulae , processed cereal - based food and baby food and food for special medical purposes . experience has shown that the provisions laid down in commission directive 2006 / 141 / ec , commission directive 2006 / 125 / ec , as well as commission directive 1999 / 21 / ec ensure the free movement of such food in a satisfactory manner , while ensuring a high level of protection of public health . it is therefore appropriate that this regulation focuses on the general compositional and information requirements for infant formula and follow - on formulae , processed cereal - based food and baby food for infants and young children and to food for special medical purposes , taking into account commission directive 2006 / 141 / ec , commission directive 2006 / 125 / ec and commission directive 1999 / 21 / ec . ### a limited number of categories of food constitutes the sole source of nourishment of certain groups of the population or represent a partial source of nourishment ; such categories of food are vital for the management of certain conditions and / or are essential to maintain the intended nutritional adequacy for certain well - established vulnerable groups of the population . those categories of food include infant formulae and follow - on formulae , processed cereal - based food and baby food , food for medical purposes , and food for people intolerant to gluten . experience has shown that the provisions laid down in commission directive 2006 / 141 / ec , commission directive 2006 / 125 / ec , commission directive 1999 / 21 / ec and commission regulation no 41 / 2009 ensure the free movement of such food in a satisfactory manner , while ensuring a high level of protection of public health . it is therefore appropriate that this regulation focuses on the general compositional and information requirements for infant formula and follow - on formulae , processed cereal - based food and baby food for infants and young children , food for special medical purposes , and food for people intolerant to gluten , taking into account commission directive 2006 / 141 / ec , commission directive 2006 / 125 / ec , commission directive 1999 / 21 / ec and commission regulation no 41 / 2009 .


### this regulation should provide the criteria for the establishment of the specific compositional and information requirements for infant formula , follow - on formula , processed cereal - based food and baby food , and food for special medical purposes , taking into account commission directive 2006 / 141 / ec , commission directive 2006 / 125 / ec and commission directive 1999 / 21 / ec . in order to adapt the definitions of infant formula , follow - on formula , processed cereal - based food and baby food , and food for special medical purposes laid down in this regulation taking into account technical and scientific progress and relevant developments at international level , to lay down the specific compositional and information requirements with respect to the categories of food covered by this regulation , including for additional labelling requirements to , or derogations from , the provisions of directive 2000 / 13 / ec and for the authorisation of nutrition and health claims , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission . it is of particular importance that the commission carries out appropriate consultations during its preparatory work , including at expert level . the commission , when preparing and drawing - up delegated acts , should ensure a simultaneous , timely and appropriate transmission of relevant documents to the european parliament and council . ### this regulation should provide the criteria for the establishment of the specific compositional and information requirements for infant formula , follow - on formula , processed cereal - based food and baby food , food for special medical purposes and food for people intolerant to gluten , taking into account commission directive 2006 / 141 / ec , commission directive 2006 / 125 / ec , commission directive 1999 / 21 / ec and commission regulation no 41 / 2009 . in order to adapt the definitions of infant formula , follow - on formula , processed cereal - based food and baby food , food for special medical purposes and food for people intolerant to gluten laid down in this regulation taking into account technical and scientific progress and relevant developments at international level , to lay down the specific compositional and information requirements with respect to the categories of food covered by this regulation , including for additional labelling requirements to , or derogations from , the provisions of directive 2000 / 13 / ec and for the authorisation of nutrition and health claims , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission . it is of particular importance that the commission carries out appropriate consultations during its preparatory work , including at expert level . the commission , when preparing and drawing - up delegated acts , should ensure a simultaneous , timely and appropriate transmission of relevant documents to the european parliament and council .


### this regulation should provide the criteria for the establishment of the specific compositional and information requirements for infant formula , follow - on formula , processed cereal - based food and baby food , and food for special medical purposes , taking into account commission directive 2006 / 141 / ec , commission directive 2006 / 125 / ec and commission directive 1999 / 21 / ec . in order to adapt the definitions of infant formula , follow - on formula , processed cereal - based food and baby food , and food for special medical purposes laid down in this regulation taking into account technical and scientific progress and relevant developments at international level , to lay down the specific compositional and information requirements with respect to the categories of food covered by this regulation , including for additional labelling requirements to , or derogations from , the provisions of directive 2000 / 13 / ec and for the authorisation of nutrition and health claims , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission . it is of particular importance that the commission carries out appropriate consultations during its preparatory work , including at expert level . the commission , when preparing and drawing - up delegated acts , should ensure a simultaneous , timely and appropriate transmission of relevant documents to the european parliament and council . ### this regulation should provide the criteria for the establishment of the specific compositional and information requirements for infant formula , follow - on formula , processed cereal - based food and baby food , food for special medical purposes , and food for people intolerant to gluten , taking into account commission directive 2006 / 141 / ec , commission directive 2006 / 125 / ec and commission directive 1999 / 21 / ec , commission regulation no 41 / 2009 . in order to adapt the definitions of infant formula , follow - on formula , processed cereal - based food and baby food , and food for special medical purposes , and food for people intolerant to gluten laid down in this regulation taking into account technical and scientific progress and relevant developments at international level , to lay down the specific compositional and information requirements with respect to the categories of food covered by this regulation , including for additional labelling requirements to , or derogations from , the provisions of directive 2000 / 13 / ec and for the authorisation of nutrition and health claims , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission . it is of particular importance that the commission carries out appropriate consultations during its preparatory work , including at expert level . the commission , when preparing and drawing - up delegated acts , should ensure a simultaneous , timely and appropriate transmission of relevant documents to the european parliament and council .


### the composition of food referred to in article 1 shall be such that it is appropriate to satisfy the nutritional needs of , and it is suitable for the persons to whom it is intended , in accordance with generally accepted scientific data . ### the composition of food referred to in article 1 shall be such that it is appropriate to satisfy the nutritional needs of , and it is suitable for the persons to whom it is intended , in accordance with generally accepted scientific data and medical opinion .


### the labelling , presentation and advertising of food referred to in article 1 shall provide adequate consumer information and must not be misleading . ### the labelling , presentation and advertising of food referred to in article 1 shall provide clear and complete consumer information and must not be misleading .


### the dissemination of any useful information or recommendations with reference to the categories of food referred to in article 1 may be made exclusively by persons having qualifications in medicine , nutrition , pharmacy or other professionals responsible for maternal and child health care . ### responsibility for disseminating any useful information or recommendations with reference to the categories of food referred to in article 1 shall lie exclusively with persons having qualifications in medicine , nutrition , pharmacy or other professionals responsible for maternal and child health care and shall be based on scientific data that can be independently verified .


### subject to the general requirements of articles 7 and 9 and taking into account directive 2006 / 141 / ec , directive 2006 / 125 / ec and directive 1999 / 21 / ec as well as any technical and scientific progress , the commission shall be empowered to adopt delegated regulations , no later than [ 2 years after the date of the entry into force of this regulation ] , in accordance with article 15 , with respect to the following : ### subject to the general requirements of articles 7 and 9 and taking into account directive 2006 / 141 / ec , directive 2006 / 125 / ec and directive 1999 / 21 / ec as well as any technical and scientific progress , the commission shall be empowered to adopt delegated regulations , no later than [ one year after the date of the entry into force of this regulation ] , in accordance with article 15 , with respect to the following :


### no later than [ 2 years after the date of the entry into force of this regulation ] , the commission shall establish and subsequently update a union list of permitted substances that meet the conditions of paragraph 1 , by means of implementing regulations . the entry of a substance in the union list shall include a specification of the substance , and , where appropriate , specify the conditions of use and the applicable purity criteria . those implementing regulations shall be adopted in accordance with the examination procedure referred to in article 14 . on duly justified grounds of extreme urgency relating to emerging health risks , the commission shall adopt immediately applicable implementing acts updating the union list in accordance with article 14 . ### no later than 6 months after the date of the entry into force of this regulation , the commission shall establish and subsequently update a union list of permitted substances that meet the conditions of paragraph 1 , by means of implementing regulations . the entry of a substance in the union list shall include a specification of the substance , and , where appropriate , specify the conditions of use and the applicable purity criteria . those implementing regulations shall be adopted in accordance with the examination procedure referred to in article 14 . on duly justified grounds of extreme urgency relating to emerging health risks , the commission shall adopt immediately applicable implementing acts updating the union list in accordance with article 14 .


### the delegation of power referred to in articles 2 and 10 of this regulation shall be conferred for an indeterminate period of time from the [ date of entry into force of the basic legislative act or from any other date set by the legislator . ] ### the delegation of power referred to in articles 2 and 10 of this regulation shall be conferred for a period of five years starting from the date of its entry into force . the commission shall submit a report on the delegation of power no later than six months before the closure of the five - year period . the delegation of power shall be prolonged tacitly for identical periods of time , except where the european parliament or the council have expressed their opposition to such prolongation no later than three months before the closure of a given period .


### draft legislative resolution ### emphasises that the provisions of point 47 of the interinstitutional agreement of 17 may 2006 will apply to the regulation amending council regulation no 1321 / 2004 on the establishment of structures for the management of the european satellite radio - navigation programmes ; stresses that , should the proposed regulation be adopted , parliament will enter into negotiations with the other arm of the budgetary authority with a view to coming to a timely agreement on the financing of the gnss agency in line with the relevant provisions of the iia ;


### it is also necessary to allow the european parliament to be represented on the agency’s administrative board as an observer , in view of the fact that regulation no 683 / 2008 highlighted the usefulness of close cooperation between the european parliament , the council and the commission . in order to ensure good governance of the programmes , the executive director’s term of office should therefore be reduced from five to four years . ### it is also necessary to allow the european parliament to be represented on the agency’s administrative board as an observer , in view of the fact that regulation no 683 / 2008 highlighted the usefulness of close cooperation between the european parliament , the council and the commission .


### the executive director ' s term shall be four years . this term of office shall be renewable once for another four - year period . ### the executive director ' s term shall be five years . this term of office shall be renewable once for another five - year period ;


### . ### article 11 is replaced by the following : without prejudice to other resources and dues yet to be defined , revenue of the agency shall include a community subsidy entered in the general budget of the european union in order to ensure a balance between revenue and expenditure . the financing of the agency is subject to an agreement by the budgetary authority as provided for in point 47 of the interinstitutional agreement of 17 may 2006 on budgetary discipline and sound financial management . the union budgetary procedure should be applicable to the union contribution and to any grant chargeable to the general budget of the european union . the auditing of accounts should be undertaken by the european court of auditors ;


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


### the european parliament and the council should be kept informed of committee proceedings on a regular basis . ### in order to ensure that the functions of the european parliament and the council established in the treaty on the functioning of the european union are fully respected , they should be promptly and fully informed of committee proceedings sufficiently far in advance of the adoption of each measure .


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


### the chairperson may obtain the committee’s opinion by written procedure . he or she shall send the committee members the draft measures on which their opinion is sought and shall lay down a time - limit according to the urgency of the matter . any committee member who does not explicitly oppose or abstain before the time - limit laid down expires is considered to have given their tacit agreement to the draft measures . ### the chairperson may obtain the committee’s opinion by written procedure . he or she shall send the committee members and observers the draft measures on which their opinion is sought and shall lay down a time - limit according to the urgency of the matter . any committee member who does not explicitly oppose or abstain before the time - limit laid down expires is considered to have given their tacit agreement to the draft measures .


### the results of voting , ### the results of voting , including the position of each member state ,


### the references of all documents referred to in points to of paragraph 1 as well as the information referred to in point of paragraph 1 shall be made public in the register . ### in accordance with regulation no 1049 / 2001 of the european parliament and of the council of 30 may 2001 regarding public access to european parliament , council and commission documents1 the references and the texts of all documents referred to in points to of paragraph 1 as well as the information referred to in point of paragraph 1 shall be made public in the register . 1 oj l 145 , 31 . 5 . 2001 , p . 43 .


### the establishment of the three european supervisory authorities should be accompanied by the development of a single set of harmonised rules so as to ensure uniform application and thus contribute to a more effective functioning of the internal market . the regulations establishing the esfs provide that the european supervisory authorities may develop draft technical standards in the areas specifically set out in the relevant legislation , to be submitted to the commission for adoption by means of regulations or decisions . the relevant legislation should define those areas where the european supervisory authorities are empowered to develop draft technical standards . ### the establishment of the three european supervisory authorities should be accompanied inter alia by the development of a single rule book to ensure consistent harmonisation and uniform application and thus contribute to a more effective functioning of the internal market .


### the identification of areas for technical standards should strike an appropriate balance between building a single set of harmonised rules , without unduly complicating regulation . only those areas should be selected where consistent technical rules will contribute significantly to financial stability , depositor , policy holder and investor protection , market efficiency and integrity , and eliminate distortions of competition and risks of regulatory arbitrage . ### the identification of areas for technical standards should strike an appropriate balance between building a single set of harmonised rules , without unduly complicating regulation and enforcement . only those areas should be selected where consistent technical rules will contribute significantly and effectively to achievement of the objectives of the relevant legislation .


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


### in general , the provision that provides the possibility for disputes to be resolved in the regulations establishing the esfs does not require consequential changes to the relevant legislation . however , in those areas where some form of non - binding mediation is already established in the relevant legislation , or where there are time limits for joint decisions to be taken by one or more competent national authorities , amendments are needed to ensure clarity and minimum disruption to the process for reaching a joint decision , but also that where necessary , the european supervisory authorities are able to resolve disagreements . ### in general , the provision that provides the possibility for disputes to be resolved in the regulations establishing the esfs does not require consequential changes to the relevant legislation . however , in those areas where some form of non - binding mediation is already established in the relevant legislation , or where there are time limits for joint decisions to be taken by one or more competent national authorities , amendments are needed to ensure clarity and minimum disruption to the process for reaching a joint decision , but also that where necessary , the european supervisory authorities are able to resolve disagreements . the binding procedure for the settlement of disagreements is designed to solve situations where competent supervisors cannot resolve among themselves procedural or substantive issues relating to compliance with the law . compliance with the decisions arrived at does not prevent the exercise of additional prudential discretion by the competent authority in conformity with international principles on cross - border supervision .


### since the objectives of this directive , namely improving the functioning of the internal market by means of ensuring a high , effective and consistent level of prudential regulation and supervision , protecting depositors , investors and beneficiaries and thereby businesses and consumers , protecting the integrity , efficiency and orderly functioning of financial markets , maintaining the stability of the financial system , and strengthening international supervisory coordination , cannot be sufficiently achieved by the member states and can , therefore , by reason of scale of the action , be better achieved at community level , the community may adopt measures , in accordance with the principle of subsidiarity as set out in article 5 of the treaty . in accordance with the principle of proportionality , as set out in that article , this directive does not go beyond what is necessary in order to achieve those objectives . ### since the objectives of this directive , namely improving the functioning of the internal market by means of ensuring a high , effective and consistent level of prudential regulation and supervision , protecting depositors , investors and beneficiaries and thereby businesses and consumers , protecting the integrity , efficiency and orderly functioning of financial markets , maintaining the stability and sustainability of the financial system , preserving the real economy , safeguarding public finances and strengthening international supervisory coordination , cannot be sufficiently achieved by the member states and can , therefore , by reason of scale of the action , be better achieved at community level , the community may adopt measures , in accordance with the principle of subsidiarity as set out in article 5 of the treaty . in accordance with the principle of proportionality , as set out in that article , this directive does not go beyond what is necessary in order to achieve those objectives .


### ' 3 . the member state referred to in paragraph 2 shall immediately notify other member states and the european securities and markets authority established by regulation… / …of the european parliament and of the council and shall communicate to the latter all information essential to achieve its tasks . ' ### ' 3 . the member state referred to in paragraph 2 shall immediately notify the european central bank , other member states and the european securities and markets authority established by regulation… / …of the european parliament and of the council and shall communicate to the latter all information essential to achieve its tasks . '


### ' 3 . the joint committee shall publish the list of identified financial conglomerates and keep the list up - to - date . ' ### ' 3 . the joint committee shall publish on its website the list of identified financial conglomerates and keep the list up - to - date . this information shall be available by hyperlink on each of the european supervisory authorities ' websites . '


### ' without prejudice to the sectoral rules , in the case referred to in article 5 , competent authorities shall verify whether the regulated entities , the parent undertaking of which has its head office outside the community , are subject to supervision by a third - country competent authority , which is equivalent to that provided for by the provisions of this directive on the supplementary supervision of regulated entities referred to in article 5 . the verification shall be carried out by the competent authority which would be the coordinator if the criteria set out in article 10 were to apply , on the request of the parent undertaking or of any of the regulated entities authorised in the community or on its own initiative . that competent authority shall consult the other relevant competent authorities , and shall take into account any applicable guidance prepared through the joint committee in accordance with article 21a . for this purpose the competent authority shall consult the joint committee before taking a decision . ' ### ' without prejudice to the sectoral rules , in the case referred to in article 5 , competent authorities shall verify whether the regulated entities , the parent undertaking of which has its head office outside the community , are subject to supervision by a third - country competent authority , which is equivalent to that provided for by the provisions of this directive on the supplementary supervision of regulated entities referred to in article 5 . the verification shall be carried out by the competent authority which would be the coordinator if the criteria set out in article 10 were to apply , on the request of the parent undertaking or of any of the regulated entities authorised in the community or on its own initiative . that competent authority shall consult the other relevant competent authorities , and shall follow any applicable guidance prepared through the joint committee in accordance with article 21a . for this purpose the competent authority shall consult the joint committee before taking a decision . '


### in order to ensure uniform application of this directive , the european supervisory authorities , in accordance with articles 42 of regulation &#8230 ; / &#8230 ; [ eba ] , regulation &#8230 ; / &#8230 ; [ eiopa ] , and regulation &#8230 ; / &#8230 ; [ esma ] may develop draft technical standards , with regard to : ### in order to ensure consistent harmonisation and uniform application of this directive , the european supervisory authorities , in accordance with articles 42 of regulation &#8230 ; / &#8230 ; [ eba ] , regulation &#8230 ; / &#8230 ; [ eiopa ] , and regulation &#8230 ; / &#8230 ; [ esma ] shall develop draft technical standards , with regard to :


### the joint committee may provide general guidance as to whether the supplementary supervision arrangements of competent authorities in third countries are likely to achieve the objectives of the supplementary supervision as provided for in this directive , in relation to the regulated entities in a financial conglomerate , the head of which has its head office outside the community . ### the joint committee shall provide general guidance as to whether the supplementary supervision arrangements of competent authorities in third countries are likely to achieve the objectives of the supplementary supervision as provided for in this directive , in relation to the regulated entities in a financial conglomerate , the head of which has its head office outside the community .


### ' without prejudice to article 226 of the treaty , a competent authority whose request for information is not acted upon within a reasonable time or whose request for information is rejected may bring that non - compliance to the attention of the european securities and markets authority established by regulation… / …of the european parliament and of the council , which may act in accordance with the powers conferred on it by that regulation . ' ### ' without prejudice to article 258 of the treaty on the functioning of the european union , a competent authority whose request for information is not acted upon within a reasonable time or whose request for information is rejected shall bring that non - compliance to the attention of the european securities and markets authority established by regulation… / …of the european parliament and of the council , which shall act in accordance with the powers conferred on it by that regulation . '


### ' without prejudice to the provisions of article 226 of the treaty , a competent authority whose application to open an inquiry or whose request for authorisation for its officials to accompany those of the other member state ' s competent authority is not acted upon within a reasonable time or is rejected may bring that non - compliance to the attention of the european securities and markets authority , which may act in accordance with the powers conferred on it by regulation . . . / . . . [ esma ] ' . ### ' without prejudice to the provisions of article 258 of the treaty on the functioning of the european union , a competent authority whose application to open an inquiry or whose request for authorisation for its officials to accompany those of the other member state ' s competent authority is not acted upon within a reasonable time or is rejected shall bring that non - compliance to the attention of the european securities and markets authority , which shall act in accordance with the powers conferred on it by regulation . . . / . . . [ esma ] ' .


### ' 5 . in order to ensure uniform application of paragraphs 2 and 4 , the european securities and markets authority may develop draft technical standards to determine the conditions of application regarding the conduct of requests for exchange of information and cross border inspections . ' ### ' 5 . in order to ensure consistent harmonisation and uniform application of paragraphs 2 and 4 , the european securities and markets authority shall develop draft technical standards to determine the conditions of application regarding the conduct of requests for exchange of information and cross border inspections . '


### ' 2 . in order to ensure uniform application of the directive , the european insurance and occupational pension authority established by regulation… / …of the european parliament and of the council shall develop draft technical standards concerning information provided to the competent authorities . the authority shall submit those draft technical standards to the commission by 1 january 2014 . ### ' 2 . in order to ensure consistent harmonisation and uniform application of the directive , the european insurance and occupational pension authority established by regulation… / …of the european parliament and of the council shall develop draft technical standards concerning information provided to the competent authorities . the authority shall submit those draft technical standards to the commission by 1 january 2014 .


### in order to ensure uniform application of this directive , the european insurance and occupational pension authority shall develop draft technical standards listing for each member state provisions of prudential nature relevant to the field of occupational pension schemes which are not covered by the reference to national social and labour law in paragraph 1 . the authority shall submit those draft technical standards to the commission by 1 january 2014 . ### in order to ensure consistent harmonisation and uniform application of this directive , the european insurance and occupational pension authority shall develop draft technical standards regarding the calculation of technical provisions and shall prepare reports listing for each member state other provisions of prudential nature relevant to the field of occupational pension schemes which are not covered by the reference to national social and labour law in paragraph 1 . the authority shall submit those draft technical standards and reports to the commission by 1 june 2011 . ”


### ' 3 . in order to ensure uniform application of this article and to take account of technical developments on financial markets , the european securities and markets authority shall develop draft technical standards to determine the conditions of application of the obligation to provide a supplement to the prospectus in case of a significant new factor , material mistake or inaccuracy relating to the information included in the prospectus . the authority shall submit those draft technical standards to the commission by 1 january 2014 . ### ' 3 . in order to ensure consistent harmonisation and uniform application of this article and to take account of technical developments on financial markets , the european securities and markets authority shall develop draft technical standards to determine the conditions of application of the obligation to provide a supplement to the prospectus in case of a significant new factor , material mistake or inaccuracy relating to the information included in the prospectus . the authority shall submit those draft technical standards to the commission by 1 january 2014 .


### ' 1 . without prejudice to article 23 , where an offer to the public or admission to trading on a regulated market is provided for in one or more member states , or in a member state other than the home member state , the prospectus approved by the home member state and any supplements thereto shall be valid for the public offer or the admission to trading in any number of host member states , provided that the european securities and markets authority and the competent authority of each host member state is notified in accordance with article 18 . competent authorities of host member states shall not undertake any approval or administrative procedures relating to prospectuses . ' ### ' 1 . without prejudice to article 23 , where an offer to the public or admission to trading on a regulated market is provided for in one or more member states , or in a member state other than the home member state , the prospectus approved by the home member state and any supplements thereto shall be valid for the public offer or the admission to trading in any number of host member states , provided that the european securities and markets authority and the competent authority of each host member state are notified in accordance with article 18 . competent authorities of host member states shall not undertake any approval or administrative procedures relating to prospectuses . '