### the commission and the member states should be represented on the management board of europol to effectively supervise its work . to reflect the dual mandate of the new agency , operational support and training for law enforcement , the full members of the management board should be appointed on the basis of their knowledge of law enforcement cooperation , whereas alternate members should be appointed on the basis of their knowledge of training for law enforcement officers . alternate members should act as full members in the absence of the full member and in any case when training is discussed or decided . the management board should be advised by a scientific committee on technical training issues . ### the commission and the member states should be represented on the management board of europol to effectively supervise its work . the parliamentary monitoring unit should also be given the opportunity of sending a representative with observer status the meetings of the europol management board .


### the commission and the member states should be represented on the management board of europol to effectively supervise its work . to reflect the dual mandate of the new agency , operational support and training for law enforcement , the full members of the management board should be appointed on the basis of their knowledge of law enforcement cooperation , whereas alternate members should be appointed on the basis of their knowledge of training for law enforcement officers . alternate members should act as full members in the absence of the full member and in any case when training is discussed or decided . the management board should be advised by a scientific committee on technical training issues . ### the commission and the member states should be represented on the management board of europol to effectively supervise its work . the members of the management board should be appointed on the basis of their knowledge of law enforcement cooperation .


### the management board should be given the necessary powers , in particular to set the budget , verify its execution , adopt the appropriate financial rules and planning documents , establish transparent working procedures for decision - making by the executive director of europol , and adopt the annual activity report . it should exercise the powers of appointing authority towards staff of the agency including the executive director . to streamline the decision making process , and to reinforce supervision of administrative and budgetary management , the management board should be also entitled to establish an executive board . ### the management board should be given the necessary powers , in particular to set the budget , verify its execution , adopt the appropriate financial rules and planning documents , adopt measures to protect the financial interests of the union and to fight against fraud , as well as adopt rules for the prevention and management of conflicts of interests , establish transparent working procedures for decision - making by the executive director of europol , and adopt the annual activity report . it should exercise the powers of appointing authority towards staff of the agency including the executive director . to streamline the decision making process , and to reinforce supervision of administrative and budgetary management , the management board should be also entitled to establish an executive board .


### for the purposes of preventing and combating crime falling under its objectives , it is necessary for europol to have the fullest and most up - to - date information possible . therefore , europol should be able to process data provided to it by member states , third countries , international organisations and union bodies as well as coming from publicly available sources to develop an understanding of criminal phenomena and trends , to gather information about criminal networks , and to detect links between different offences . ### for the purposes of preventing and combating crime falling under its objectives , it is necessary for europol to have up - to - date information possible . therefore , europol should be able to process data provided to it by member states , third countries , international organisations and union bodies as well as coming from publicly available sources to develop an understanding of criminal phenomena and trends , to gather information about criminal networks , and to detect links between offences .


### to improve europol’s effectiveness in providing accurate crime analyses to the member states’ law enforcement authorities , it should use new technologies to process data . europol should be able to swiftly detect links between investigations and common modi operandi across different criminal groups , to check cross - matches of data and to have a clear overview of trends , while maintaining high level of protection of personal data for individuals . therefore , europol databases should not be pre - defined , allowing europol to choose the most efficient it structure . to ensure a high level of data protection , the purpose of processing operations and access rights as well as specific additional safeguards should be laid down . ### to improve europol’s effectiveness in providing accurate crime analyses to the member states’ law enforcement authorities , it should use new technologies to process data . europol should be able to swiftly detect links between investigations and common modi operandi across different criminal groups , to check cross - matches of data and to have a clear overview of trends , while guaranteeing high level of protection of personal data for individuals . to ensure a high level of data protection , the purpose of processing operations and access rights as well as specific additional safeguards should be laid down . the principles of relevance and proportionality must be observed with regard to personal data processing .


### europol should maintain cooperative relations with other union bodies , law enforcement authorities and law enforcement training institutes of third countries , international organisations , and private parties to the extent required for the accomplishment of its tasks . ### europol should maintain cooperative relations with other union bodies and law enforcement authorities of third countries , international organisations , and private parties to the extent required for the accomplishment of its tasks .


### to ensure operational effectiveness , europol should be able to exchange all information , with the exception of personal data , with other union bodies , law enforcement authorities and law enforcement training institutes of third countries , and international organisations to the extent necessary for the performance of its tasks . since companies , firms , business associations , non - governmental organisations and other private parties hold expertise and data of direct relevance to the prevention and combating of serious crime and terrorism , europol should also be able to exchange such data with private parties . to prevent and combat cybercrime , as related to network and information security incidents , europol should , pursuant to directive [ name of adopted directive ] of the european parliament and of the council concerning measures to ensure a high common level of network and information security across the union , 31 cooperate and exchange information , with the exception of personal data , with national authorities competent for the security of network and information systems . ### to ensure operational effectiveness , europol should be able to exchange all information , with the exception of personal data , with other union bodies and law enforcement authorities of third countries , and international organisations to the extent necessary for the performance of its tasks . since companies , firms , business associations , non - governmental organisations and other private parties hold expertise and data of direct relevance to the prevention and combating of serious crime and terrorism , europol should also be able to exchange such data with private parties . to prevent and combat cybercrime , as related to network and information security incidents , europol should , pursuant to directive [ name of adopted directive ] of the european parliament and of the council concerning measures to ensure a high common level of network and information security across the union , 31 cooperate and exchange information , with the exception of personal data , with national authorities competent for the security of network and information systems .


### serious crime and terrorism often have links beyond the territory of the eu . europol should therefore be able to exchange personal data with law enforcement authorities of third countries and with international organisations such as interpol to the extent necessary for the accomplishment of its tasks . ### serious crime and terrorism often have links beyond the territory of the eu . europol should therefore be able to exchange personal data with law enforcement authorities of third countries and with international organisations such as interpol to the extent necessary for the accomplishment of its tasks . in exchanging personal data with third countries and international organisations , it is necessary to strike an appropriate balance between the need for effective enforcement and personal data protection .


### data protection rules at europol should be strengthened and draw on the principles underpinning regulation no 45 / 200132 to ensure a high level of protection of individuals with regard to processing of personal data . as declaration 21 attached to the treaty recognizes the specificity of personal data processing in the law enforcement context , the data protection rules of europol should be autonomous and aligned with other relevant data protection instruments applicable in the area of police cooperation in the union , in particular convention no . 10833 and recommendation no r of the council of europe34 and council framework decision 2008 / 977 / jha on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters35 [ to be replaced by the relevant directive in force at the moment of adoption ] . ### data protection rules at europol should be strengthened and aligned with other relevant data protection instruments applicable to processing of personal data in the area of police cooperation in the european union to ensure a high level of protection of individuals with regard to processing of personal data . while decision 2009 / 371 / jha provides for a robust data protection regime for europol , it should be further elaborated to align europol with the requirements of the lisbon treaty , reflect the growing role of europol , improve the rights of data subjects and further enhance the trust between member states and europol which is necessary for a successful exchange of information . data protection rules at europol should be strengthened and draw on the principles underpinning regulation no 45 / 2001 [ 1 ] to ensure a high level of protection of individuals with regard to processing of personal data , as well as on other data protection principles , including accountability principle , data protection impact assessment , privacy by design and by default and notification of personal data breaches . as soon as the new data protection framework of the eu institutions and bodies will be adopted , it should be applicable to europol . as declaration 21 attached to the treaty acknowledges , the specific nature of the processing of personal data in the law enforcement context proves necessary that specific rules on the protection of personal data and the free movement of such data are established for europol based on article 16 of the treaty on the functioning of the european union and aligned with other relevant data protection instruments applicable in the area of police cooperation in the union , in particular convention no . 108 [ 2 ] and its additional protocol of 8 november 2001 and recommendation no r of the council of europe [ 3 ] and council framework decision 2008 / 977 / jha on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters [ 4 ] [ to be replaced by the relevant directive in force at the moment of adoption ] . transparency is a crucial part of data protection since it enables other data protection principles and rights to be exercised . to enhance transparency , europol should have transparent data protection policies that it should make easily publicly available setting out in an intelligible form and using clear and plain language the provisions regarding the processing of personal data and the means available for the exercise of the rights of data subjects , as well as publish a list of the international and cooperation agreements it has with third countries , union bodies and international organisations .


### data protection rules at europol should be strengthened and draw on the principles underpinning regulation no 45 / 200132 to ensure a high level of protection of individuals with regard to processing of personal data . as declaration 21 attached to the treaty recognizes the specificity of personal data processing in the law enforcement context , the data protection rules of europol should be autonomous and aligned with other relevant data protection instruments applicable in the area of police cooperation in the union , in particular convention no . 10833 and recommendation no r of the council of europe34 and council framework decision 2008 / 977 / jha on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters35 [ to be replaced by the relevant directive in force at the moment of adoption ] . ### data protection rules at europol should be strengthened and aligned with other relevant data protection instruments applicable to processing of personal data in the area of police cooperation in the european union . while decision 2009 / 371 / jha provides for a robust data protection regime for europol , it should be further elaborated to align europol with the requirements of the lisbon treaty , reflect the growing role of europol , improve the rights of data subjects and further enhance the trust between member states and europol which is necessary for a successful exchange of information . data protection rules at europol should be strengthened and draw on the principles underpinning regulation no 45 / 2001 to ensure a high level of protection of individuals with regard to processing of personal data . as declaration 21 attached to the treaty acknowledges , the specific nature of the processing of personal data the law enforcement context proves necessary that specific rules on the protection of personal data and the free movement of such data are established for europol based on article 16 of the treaty on the functioning of the european union and aligned with other relevant data protection instruments applicable in the area of police cooperation in the union , in particular convention no . 108 and its additional protocol of 8 november 2001 and recommendation no r of the council of europe and council framework decision 2008 / 977 / jha on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters [ to be replaced by the relevant directive in force at the moment of adoption ] .


### as far as possible , personal data should be distinguished according to the degree of their accuracy and reliability . facts should be distinguished from personal assessments , in order to ensure both the protection of individuals and the quality and reliability of the information processed by europol . ### personal data should be distinguished according to the degree of their accuracy and reliability . facts must be distinguished from personal assessments , in order to ensure both the protection of individuals and the quality and reliability of the information processed by europol .


### personal data relating to different categories of data subjects are processed in the area of police co - operation . europol should make distinctions between personal data of different categories of data subjects as clear as possible . personal data of persons such as victims , witnesses , persons possessing relevant information as well as personal data of minors should in particular be protected . therefore , europol should not process them unless it is strictly necessary for preventing and combating crime within its objectives , and if those data supplement other personal data already processed by europol . ### personal data relating to different categories of data subjects are processed in the area of police co - operation . europol should make distinctions between personal data of different categories of data subjects as clear as possible . personal data of persons such as victims , witnesses , persons possessing relevant information as well as personal data of minors should in particular be protected . therefore , europol should not be allowed to process them .


### in the light of fundamental rights to protection of personal data , europol should not store personal data longer than necessary for the performance of its tasks . ### in the light of fundamental rights to protection of personal data , europol should not store personal data longer than necessary for the performance of its tasks . at the latest three years after the data has been recorded , the need for the continued storage thereof shall be considered .


### to guarantee the security of personal data , europol should implement appropriate technical and organisational measures . ### to guarantee the security of personal data , europol must implement the necessary measures .


### any person should have a right of access to personal data concerning them , to have inaccurate data concerning them rectified and to erase or block data concerning them , if the data is no longer required . the rights of the data subject and the exercise thereof should not affect the obligations placed on europol and should be subject to the restrictions laid down in this regulation . ### any person should have a right of access to personal data concerning them , to have inaccurate data concerning them rectified and to erase or block data concerning them .


### the protection of the rights and freedoms of data subjects requires a clear attribution of the responsibilities under this regulation . in particular , member states should be responsible for accuracy and keeping up to date the data they have transferred to europol and for the legality of such transfer . europol should be responsible for accuracy and for keeping the data provided by other data suppliers up to date . europol should also ensure that data are processed fairly and lawfully , are collected and processed for a specific purpose , that they are adequate , relevant , not excessive in relation to the purposes for which they are processed , and stored no longer than is necessary for that purpose . ### the protection of the rights and freedoms of data subjects requires a clear attribution of the responsibilities under this regulation . in particular , member states should be responsible for accuracy and keeping up to date the data they have transferred to europol and for the legality of such transfer . europol should be responsible for accuracy and for keeping the data provided by other data suppliers up to date . europol must also ensure that data are processed fairly and lawfully , are collected and processed for a specific purpose , that they are adequate , relevant , not excessive in relation to the purposes for which they are processed , and stored no longer than is necessary for that purpose .


### europol should keep records of collection , alteration , access , disclosure , combination or erasure of personal data for the purposes of verification of the lawfulness of the data processing , self - monitoring and ensuring proper data integrity and security . europol should be obliged to co - operate with the european data protection supervisor and make the logs or documentation available upon request , so that they can be used for monitoring processing operations . ### europol should keep records of collection , alteration , access , disclosure , combination or erasure of personal data for the purposes of verification of the lawfulness of the data processing , self - monitoring and ensuring proper data integrity and security . europol is obliged to co - operate with the european data protection supervisor and make the logs or documentation available upon request , so that they can be used for monitoring processing operations .


### europol should keep records of collection , alteration , access , disclosure , combination or erasure of personal data for the purposes of verification of the lawfulness of the data processing , self - monitoring and ensuring proper data integrity and security . europol should be obliged to co - operate with the european data protection supervisor and make the logs or documentation available upon request , so that they can be used for monitoring processing operations . ### europol should keep records of collection , alteration , access , disclosure , combination or erasure of personal data for the purposes of verification of the lawfulness of the data processing , self - monitoring and ensuring proper data integrity and security . europol should be obliged to co - operate with the european data protection supervisor and the joint supervisory authority and make the logs or documentation available upon request , so that they can be used for monitoring processing operations .


### europol should designate a data protection officer to assist it in monitoring compliance with the provisions of this regulation . the data protection officer should be in a position to perform his / her duties and tasks independently and effectively . ### europol should designate a data protection officer to assist it in monitoring compliance with the provisions of this regulation . the data protection officer should be in a position to perform his / her duties and tasks independently and effectively . the data protection officer should be given the resources necessary to fulfil his tasks .


### national competent authorities for the supervision of the processing of personal data should monitor the lawfulness of the processing of personal data by member states . the european data protection supervisor should monitor the lawfulness of data processing by europol exercising its functions with complete independence . ### in order to guarantee the protection of individuals regarding the processing of personal data , as provided for in article 8 of the charter of fundamental rights and article 16 of the treaty on the functioning of the european union , independent , suitably authorised , transparent and responsible supervision and monitoring is necessary . national competent authorities for the supervision of the processing of personal data and the national data protection authorities should monitor strictly and closely the lawfulness of the processing of personal data by member states . the european data protection supervisor should monitor strictly and closely the lawfulness of data processing by europol exercising its functions with complete independence .


### the european data protection supervisor should hear and investigate complaints lodged by data subjects . the investigation following a complaint should be carried out , subject to judicial review , to the extent that is appropriate in the specific case . the supervisory authority should inform the data subject of progress and the outcome of the complaint within a reasonable period . ### the european data protection supervisor should hear and investigate complaints lodged by data subjects . the investigation following a complaint should be carried out , subject to judicial review , to the extent that is necessary for full elucidation in the specific case . the supervisory authority should immediately inform the data subject of progress and the outcome of the complaint within a reasonable period .


### since the objective of this regulation , namely the establishment of an entity responsible for law - enforcement cooperation and training at union level , cannot be sufficiently achieved by the member states and can , therefore , by reason of the scale and effects of the action , be better achieved at union level , the union may adopt measures , in accordance with the principle of subsidiarity , as set out in article 5 of the treaty on european union . in accordance with the principle of proportionality , as set out in that article , this regulation does not go beyond what is necessary to achieve that objective . ### since the objective of this regulation , namely the establishment of an entity responsible for law - enforcement cooperation at union level , cannot be sufficiently achieved by the member states and can , therefore , by reason of the scale and effects of the action , be better achieved at union level , the union may adopt measures , in accordance with the principle of subsidiarity , as set out in article 5 of the treaty on european union . in accordance with the principle of proportionality , as set out in that article , this regulation does not go beyond what is necessary to achieve that objective .


### ‘ the data subject’s consent’ means any freely given specific and informed indication of his / her wishes by which the data subject signifies his / her agreement to personal data relating to him / her being processed ; ### „ ‘ the data subject’s consent’ means any freely given specific and informed indication of his / her wishes by which the data subject clearly and unambiguously signifies his / her agreement to personal data relating to him / her being processed ; agreement may be withdrawn ;


### in specific cases where europol considers that a criminal investigation should be initiated into a crime that falls under its objectives , it shall inform eurojust . ### in cases where europol considers that a criminal investigation should be initiated into a crime that falls under its objectives , it shall inform eurojust .


### liaison officers shall assist in the exchange of information between their member states and the liaison officers of other member states in accordance with national law . europol’s infrastructure may be used , in line with national law , for such bilateral exchanges also to cover crimes outside the objectives of europol . the management board shall determine the rights and obligations of liaison officers in relation to europol . ### liaison officers shall assist in the exchange of information between their member states and the liaison officers of other member states in accordance with national law . the management board shall determine the rights and obligations of liaison officers in relation to europol .


### ensure adequate follow - up to findings and recommendations stemming from the internal or external audit reports and evaluations , as well as from investigations of the european anti - fraud office ; ### ensure adequate follow - up to findings and recommendations stemming from the internal or external audit reports of the european court of auditors and those arising out of the investigations conducted by the european anti - fraud office , and forward to the european parliament and to the council all information relevant to the outcome of the evaluation procedures ;


### the management board shall adopt the annual work programme the latest by 30 november each year , based on a draft put forward by the executive director , taking into account the opinion of the commission . it shall forward it to the european parliament , the council , the commission and national parliaments . ### the management board shall adopt the annual work programme the latest by 30 november each year , based on a draft put forward by the executive director , taking into account the opinion of the commission and european parliament . it shall forward it to the european parliament , the council , the commission , national parliaments and the european data protection supervisor .


### any substantial amendment to the annual work programme shall be adopted by the same procedure as the initial annual work programme . the management board may delegate the power to make non - substantial amendments to the annual work programme to the executive director . ### amendments to the annual work programme shall be adopted by the same procedure as the initial annual work programme . the management board may delegate the power to make non - substantial amendments to the annual work programme to the executive director .


### the adopted multi - annual work programme shall be forwarded to the european parliament , the council , the commission and national parliaments . ### the adopted multi - annual work programme shall be forwarded to the european parliament , the council , the commission , the national parliaments and the european data protection supervisor .


### the management board shall also adopt the multi - annual work programme and update it by 30 november each year , taking into account the opinion of the commission and after consulting the european parliament and national parliaments . ### the management board shall also adopt the multi - annual work programme and update it by 30 november each year , taking into account the opinion of the commission and after consulting the european parliament and national parliaments , as well as the european data protection supervisor .


### the executive director shall report to the european parliament on the performance of his / her duties when invited to do so . the council may invite the executive director to report on the performance of his / her duties . ### the executive director shall report regularly to the european parliament on the performance of his / her duties . the council may invite the executive director to report on the performance of his / her duties . the european parliament and the council may invite the executive director to report on the performance of his / her duties .


### europol may retrieve and process information , including personal data , from information systems , of a national , union or international nature , including by means of computerised direct access , in so far as authorised by union , international or national legal instruments . the applicable provisions of such union , international or national legal instruments shall govern the access to and use of that information by europol insofar as they provide for stricter rules on access and use than those of this regulation . the access to such information systems shall be granted only to duly authorised staff of europol as far as this is necessary for the performance of their tasks . ### europol may retrieve and process information , including personal data , from information systems , of a union or international nature , including by means of computerised direct access , in so far as authorised by union or international legal instruments and where the necessity and proportionality of such access for the performance of a task falling under europol ' s mandate can be demonstrated . the applicable provisions of such union or international legal instruments shall govern the access to and use of that information by europol insofar as they provide for stricter rules on access and use than those of this regulation . they shall lay down the objectives of that specific processing , the categories of personal data to be processed , the purposes and means of the processing and the procedure to be followed for the retrieval and further processing of the personal data . the access to such information systems shall be granted only to duly authorised staff of europol as far as this is strictly necessary and proportionate for the performance of its task .


### if europol , in accordance with its task pursuant to article 4 , needs to inform a member state about information concerning it , and that information is subject to access restrictions pursuant to article 25 , that would prohibit sharing it , europol shall consult with the data provider stipulating the access restriction and seek its authorisation for sharing . ### if europol , in accordance with its task pursuant to article 4 , needs to inform a member state about information concerning it , and that information is subject to access restrictions pursuant to article 25 , that would prohibit sharing it , europol shall consult with the data provider stipulating the access restriction and ask for its authorisation for sharing .


### without such an authorisation , the information shall not be shared . ### without explicit authorisation , the information shall not be shared .


### onward transfers of personal data by member states , union bodies , third countries and international organizations shall be prohibited unless europol has given its explicit consent . ### onward transfers of personal data by member states , union bodies , third countries and international organizations shall be prohibited unless europol has given its prior explicit consent and the recipient gives an undertaking that the data shall be used solely for the purpose for which they were transmitted .


### the executive director shall inform the management board and the european data protection supervisor of cases where he / she applied paragraph 2 . ### the executive director shall inform the management board , the european data protection supervisor and the joint supervisory authority of cases where it applied paragraph 2 .


### europol shall not contact private parties directly to retrieve personal data . ### europol shall not contact private parties to retrieve personal data .


### europol shall not contact private persons directly to retrieve information . ### europol shall not contact private persons to retrieve information .


### processing of personal data on victims of a criminal offence , witnesses or other persons who can provide information on criminal offences , or on persons under the age of 18 shall be prohibited unless it is strictly necessary for preventing or combating crime that falls under europol ' s objectives . ### processing of personal data on victims of a criminal offence , witnesses or other persons who can provide information on criminal offences , or on persons under the age of 18 shall be prohibited unless it is strictly necessary and duly justified for preventing or combating crime that falls under europol ' s objectives


### the personal data have to be maintained for purposes of proof ; ### the personal data have to be maintained for purposes of proof or for the establishment , exercise or defence of legal claims


### any data subject wishing to exercise the right of access to personal data may make a request to that effect without excessive costs to the authority appointed for this purpose in the member state of his / her choice . that authority shall refer the request to europol without delay and in any case within one month of receipt . ### any data subject wishing to exercise the right of access to personal data may make a request to that effect to the authority appointed for this purpose in the member state of his / her choice . that authority shall refer the request to europol without delay and in any case within one month of receipt . europol shall confirm receipt of the request .


### any data subject shall have the right to ask europol to rectify personal data relating to him / her if they are incorrect and , where this is possible and necessary , to complete or update them . ### any data subject shall have the right to ask europol to rectify personal data relating to him / her if they are incorrect and to complete or update them .


### the european data protection supervisor shall deliver his / her opinion within two months following receipt of the notification . this period may be suspended until the european data protection supervisor has obtained any further information that he / she may have requested . when the complexity of the matter so requires , this period may also be extended for a further two months , by decision of the european data protection supervisor . this decision shall be notified to europol prior to expiry of the initial two - month period . ### the joint supervisory authority and the european data protection supervisor shall deliver its opinion within two months following receipt of the notification . this period may be suspended until the supervisory authorities have obtained any further information that it may have requested . when the complexity of the matter so requires , this period may also be extended for a further two months , by decision of the supervisory authorities . this decision shall be notified to europol prior to expiry of the initial two - month period .


### conduct inquiries either on his / her own initiative or on the basis of a complaint , and inform the data subjects of the outcome within a reasonable period ; ### conduct inquiries either on his / her own initiative or on the basis of a complaint , and inform the data subjects of the outcome without delay ;


### in the cases referred to in paragraph 1 , the european data protection supervisor and the national supervisory authorities shall , each acting within the scope of their respective competences , exchange relevant information , assist each other in carrying out audits and inspections , examine difficulties of interpretation or application of this regulation , study problems relating to the exercise of independent supervision or the exercise of the rights of data subjects , draw up harmonised proposals for joint solutions to any problems and promote awareness of data protection rights , as necessary . ### the costs related to all the supervising activities of the joint supervisory authority shall be borne by the european data protection supervisor , who shall also provide for the secretariat services .


### administrative personal data and staff data ### supervision on administrative personal data and staff data


### regulation no 45 / 2001 shall apply to all personal data of europol staff members as well as administrative personal data held by europol . ### the european data protection supervisor shall have exclusive competence on this area . regulation no 45 / 2001 shall apply to all personal data of europol staff members as well as administrative personal data held by europol .


### the working arrangements adopted pursuant to article 31 . ### the working arrangements adopted pursuant to article 31 , and notifications of instances where the executive director applies article 31 .


### the financial rules applicable to europol shall be adopted by the management board after consultation with the commission . they shall not depart from [ the framework financial regulation ] unless such a departure is specifically required for europol ' s operation and the commission has given its prior consent . ### the financial rules applicable to europol shall be adopted by the management board after consultation with the commission . they shall not depart from [ the framework financial regulation ] unless such a departure is specifically required for europol ' s operation and the commission has given its prior consent ; the european parliament shall be notified of any such departure .


### the commission shall forward the evaluation report together with its conclusions on the report to the european parliament , the council , the national parliaments and the management board . ### the commission shall forward the evaluation report together with its conclusions on the report to the european parliament , the council , the national parliaments and the management board . in addition , the commission shall provide the european parliament , the council and the national parliaments with any other information on the evaluation if requested .


### when the prospectus is supplemented , harmonization at community level of the time frame for the exercise by investors of the right of withdrawal of their previous acceptances would provide certainty to issuers making cross border offers of securities . to provide flexibility to issuers from member states with traditionally longer time frame in this regard , the issuer , the offeror or the person asking for the admission to trading on a regulated market should be able to extend voluntarily the term for the exercise of that right . ### when the prospectus is supplemented , harmonization at community level of the time frame for the exercise by investors of the right of withdrawal of their previous acceptances would provide certainty to issuers making cross border offers of securities . to provide flexibility to issuers from member states with traditionally longer time frame in this regard , the issuer , the offeror or the person asking for the admission to trading on a regulated market should be able to extend voluntarily the term for the exercise of that right . to improve legal certainty , the supplement to the prospectus should specify when the right of withdrawal ends .


### however , member states shall ensure that no civil liability shall attach to any person solely on the basis of the summary , including any translation thereof , unless it is misleading , inaccurate or inconsistent , when read together with the other parts of the prospectus , and it does not provide key information enabling investors to take informed investment decisions and to compare the securities with other investment products . ### however , member states shall ensure that no civil liability shall attach to any person solely on the basis of the summary , including any translation thereof , unless it is misleading , inaccurate or inconsistent when read together with the other parts of the prospectus .


### the financing of the common fisheries policy and maritime integrated policy expenditure through a single fund , the emff , should address the need for simplification as well as strengthening the integration of both policies . the extension of shared management to common markets organisations including the compensation for the outermost regions , control and data collection activities should further contribute to simplification and reduce the administrative burden both for the commission and the member states as well as achieve greater coherence and efficiency of the support granted . ### the financing of the common fisheries policy and integrated maritime policy expenditure through a single fund , the emff , should address the need for simplification as well as strengthening the integration of both policies . the extension of shared management to common markets organisations including the compensation for the outermost regions , control and data collection activities and complementary tools for implementation of the integrated maritime policy should further contribute to simplification and reduce the administrative burden both for the commission and the member states as well as achieve greater coherence and efficiency of the support granted .


### conscious of the potential that diversification offers for small scale coastal fishermen and their crucial role in coastal communities , the emff should help diversification by covering business start - ups and investments for the retrofitting of their vessels , in addition to the relevant training to acquire professional skills in the relevant field outside fishing activities . ### conscious of the potential that professional versatility and diversification , as defined in article 3 , offers for small scale coastal fishermen and their crucial role in coastal communities , the emff should help them to diversify their activities by covering business start - ups and investments for the retrofitting of their vessels , in addition to the relevant training to acquire appropriate professional skills .


### in fisheries areas , community - led local development should encourage innovative approaches to create growth and jobs , in particular by adding value to fisheries products and diversifying the local economy towards new economic activities , including those offered by ' blue growth ' and the broader maritime sectors . ### in fisheries and aquaculture areas , community - led local development should encourage innovative approaches to create growth and jobs , in particular by adding value to fisheries and aquaculture products and diversifying the local economy towards new economic activities , including those offered by ' blue growth ' and the broader maritime sectors , whilst maintaining and reinforcing local employment and local fisheries and aquaculture businesses in order to preserve a dynamic primary sector on the coastline .


### in order to ensure the viability of fisheries and aquaculture in a highly competitive market , it is necessary to lay down provisions granting support for the implementation of the [ regulation no on the common organisation of the markets in fishery and aquaculture products ] as well as for marketing and processing activities carried by operators to maximise the value of fisheries and aquaculture products . particular attention should be paid to the promotion of operations which integrate producing , processing and marketing activities of the supply chain . in order to adapt to the new discard ban policy , the emff should also support the processing of unwanted catches . ### in order to ensure the viability of fisheries and aquaculture in a highly competitive market , it is necessary to lay down provisions granting support for the implementation of the [ regulation no on the common organisation of the markets in fishery and aquaculture products ] as well as for marketing and processing activities carried by operators to maximise the value of fisheries and aquaculture products . particular attention should be paid to the promotion of operations which integrate producing , processing and marketing activities of the supply chain . in order to adapt to the new policy and maximise the value of catches , particularly those with low commercial value , the emff should also support the processing of these products .


### fishing activities in the outermost regions of the european union are facing difficulties , in particular because of the additional costs incurred in the marketing of certain fishery products , due to the particular handicaps recognised by article 349 of the treaty on the functioning of the european union . ### fishing activities in the outermost regions of the european union are facing difficulties , in particular because of the additional costs incurred in the production , processing and marketing of fishery and aquaculture products , due to the particular handicaps recognised by article 349 of the treaty on the functioning of the european union .


### in order to maintain the competitiveness of certain fishery products from the outermost regions of the european union compared with that of similar products from other european union ' s regions , the european union introduced measures in 1992 to compensate for the related additional costs in the fisheries sector . the measures applying for the period 2007 - 2013 are laid down in council regulation no 791 / 2007 . it is necessary to continue providing support to offset the additional costs for the marketing of certain fishery products as of 1 january 2014 . ### in order to maintain the competitiveness of certain fishery and aquaculture products from the outermost regions of the european union compared with that of similar products from other european union ' s regions , the european union introduced measures in 1992 to compensate for the related additional costs in the fisheries sector . the measures applying for the period 2007 - 2013 are laid down in council regulation no 791 / 2007 . it is necessary to continue providing support to offset the additional costs for the marketing of certain fishery products as of 1 january 2014 . it is necessary to expand the support given by council regulation no 791 / 2007 , with effect from 1 january 2014 , to offset the additional costs for the production , processing and marketing of fishery and aquaculture products , for exports destined for the community market or on the local market .


### in view of the different marketing conditions in the outermost regions concerned , the fluctuations in captures and stocks and of market demands , it should be left to the member states concerned to determine the fishery products eligible for compensation , their respective maximum quantities and the compensation amounts within the overall allocation per member state . ### in view of the different production , processing and marketing conditions for fishery and aquaculture products in the outermost regions concerned , and the fluctuations in captures and stocks and of market demands , it should be left to the member states concerned to determine the fishery and aquaculture products or product categories eligible for compensation , their respective maximum quantities and the compensation amounts within the overall allocation per member state .


### member states should set the compensation amount at a level which allows appropriate off - setting of additional costs , arising from the specific handicaps of the outermost regions and in particular from the costs of transporting the products to mainland europe . to avoid overcompensation , the amount should be proportional to the additional costs the aid off - sets and in no case exceed 100 % of the transport and other related costs to mainland europe . to this end , it should also take into account other types of public intervention having an impact on the level of additional costs . ### member states should set the compensation amount at a level which allows appropriate off - setting of additional costs , arising from the specific handicaps of the outermost regions . to avoid overcompensation , the amount should be proportional to the additional costs the aid off - sets and in no case exceed 100 % of the transport and other related costs to continental europe . to this end , it should also take into account other types of public intervention having an impact on the level of additional costs .


### the sustainable development of fisheries areas and inland fishing , ### the sustainable development of fisheries areas , inland fishing and aquaculture ,


### ' fisheries area ' means an area with sea or lake shore or including ponds or a river estuary with a significant level of employment in fisheries or aquaculture and designated as such by the member state ; ### ' fisheries and aquaculture area ' means an area with sea or lake shore or including ponds or a river estuary with a significant level of employment in fisheries or aquaculture and designated as such by the member state ;


### promoting a balanced and inclusive territorial development of fisheries areas ; ### promoting a balanced and inclusive territorial development of fisheries and aquaculture areas ;


### construction of new fishing vessels , decommissioning or importation of fishing vessels ; ### importation of fishing vessels ;


### management , restoration and monitoring natura 2000 sites in accordance with council directive 92 / 43 / eec of 21 may 1992 on the conservation of natural habitats and of wild fauna and flora and council and european parliament directive 2009 / 147 / ec of 30 november 2009 on the conservation of wild birds , in accordance with prioritised action frameworks established pursuant to council directive 92 / 43 / eec ; ### the identification , selection , and establishment of process as well as management , restoration and monitoring natura 2000 sites in accordance with council directive 92 / 43 / eec of 21 may 1992 on the conservation of natural habitats and of wild fauna and flora and council and european parliament directive 2009 / 147 / ec of 30 november 2009 on the conservation of wild birds , in accordance with prioritised action frameworks established pursuant to council directive 92 / 43 / eec ;


### management , restoration and monitoring of marine protected areas in view of the implementation of the spatial protection measures referred to in article 13 of the european parliament and council directive 2008 / 56 / ec ; ### the identification , selection , and establishment of process as well as management , restoration and monitoring of marine protected areas in view of the implementation of the spatial protection measures referred to in article 13 of the european parliament and council directive 2008 / 56 / ec ;


### product quality and use of unwanted catches ### quality of sea products


### in order to improve the quality of the fish caught the emff may support investments on board for this purpose . ### in order to improve the quality of the fishery products caught the emff may support investments on board for this purpose .


### the support referred to in paragraph 1 shall only be granted to owners of union fishing vessels whose vessels have carried out a fishing activity for at least 60 days at sea during the two years preceding the date of submission of the application . ### the support referred to in paragraph 1 shall only be granted to owners of union fishing vessels whose vessels have carried out a fishing activity for at least 60 days at sea during the two years preceding the date of submission of the application , unless there is a member state derogation for new people entering the fisheries sector ;


### the emff may support the preparation and implementation of production and marketing plans referred to in article 32 of [ regulation no on the common organisation of the markets in fishery and aquaculture products ] . ### the emff shall support the preparation and implementation of production and marketing plans referred to in article 32 of [ regulation no on the common organisation of the markets in fishery and aquaculture products ] .


### improving the conditions for the placing on the market of : ### improving the conditions , particularly in the transition to the msy , for the placing on the market of :


### the support referred to in paragraph 1 shall be granted exclusively through the financial instruments provided for in title iv of the [ regulation no [ . . . ] laying down common provisions ] . ### the support referred to in paragraph 1 may be granted , in particular through the financial instruments provided for in title iv of the [ regulation no [ . . . ] laying down common provisions ] .


### the emff may support the compensation regime introduced by council regulation no 791 / 2007 for the additional costs incurred by the operators in the fishing , farming and marketing of certain fishery and aquaculture products from the azores , madeira , the canary islands , french guiana , and r&#233 ; union . ### the emff may support the compensation regime introduced by council regulation no 791 / 2007 for the additional costs incurred by the operators from the outermost regions during the production , processing and marketing for export to the community or the local market of fishery and aquaculture products .


### each member state concerned shall determine for the regions referred to in paragraph 1 the list of fishery and aquaculture products and the quantity of those products eligible for the compensation . ### each member state concerned shall determine for the regions referred to in paragraph 1 the products or categories of fishery and aquaculture products eligible for compensation , their respective maximum quantities and the compensation amounts within the overall allocation per member state .


### member states shall designate , for the operational programme , the following authorities : ### the member states in partnership with the regional and local authorities and representatives of the fisheries and aquaculture sector shall designate , for each national operational programme or for regional programmes , the following authorities :


### draft legislative resolution ### emphasises that any decision of the legislative authority in favour of such multiannual funding for emsa shall be without prejudice to the decisions of the budgetary authority in the context of the annual budgetary procedure ;


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


### the financial envelope for the implementation of the tasks referred to in article 3 for the period from 1 january 2014 to 31 december 2020 shall be eur 160 . 500 . 000 expressed in current prices . ### the financial envelope for the implementation of the tasks referred to in article 3 for the period from 1 january 2014 to 31 december 2020 shall be eur 185 500 000 expressed in current prices .


### in order to ensure investors receive the compensation provided for under this directive and a comparable level of investor protection across member states , it is necessary to introduce common rules governing the funding of the schemes . the schemes should be financed in proportion to their liabilities . an appropriate level of pre - funding should be ensured and the schemes should have in place adequate arrangements to assess and reach their target funding level prior to the occurrence of any loss event relevant under directive 97 / 9 / ec . a common minimum target fund level should be reached within a ten - year period . ### in order to ensure investors receive the compensation provided for under this directive and a comparable level of investor protection across member states , it is necessary to introduce common rules governing the funding of the schemes . the schemes should be financed in proportion to their liabilities . investment firms and ucits should therefore be obliged to contract with an insurance company ensuring the compensation provided for under this directive . a common minimum target insurance level should be reached within a five - year period .


### directive 97 / 9 / ec allows member states to exclude professional and institutional investors from cover but the relevant list is not aligned with the classification of clients of investment firms under directive 2004 / 39 / ec . in order to ensure consistency between directives 97 / 9 / ec and 2004 / 39 / ec , to simplify the assessment for compensation schemes and to limit the possible exclusion , in the case of enterprises , only to large undertakings , directive 97 / 9 / ec should refer to investors who are considered as professional clients according to directive 2004 / 39 / ec . ### directive 97 / 9 / ec allows member states to exclude professional and institutional investors from cover but the relevant list is not aligned with the classification of clients of investment firms under directive 2004 / 39 / ec . in order to ensure consistency between directives 97 / 9 / ec and 2004 / 39 / ec , to simplify the assessment for compensation schemes and to limit the possible exclusion , in the case of enterprises , only to large undertakings , directive 97 / 9 / ec should refer to investors who are considered as professional clients according to directive 2004 / 39 / ec . in order to ensure an appropriate level of protection for all relevant investors , member states should have the right to include micro - entities , non - profit organisations and public local authorities in order to bring them within the scope of this directive .


### ' investor ' means , in relation to investment business , any person who has entrusted money or instruments to an investment firm , and in relation to the activities of ucits , a unit holder or share holder in a ucits ; ### ' investor ' means , in relation to investment business , any person including as legal persons micro - entities , non - profit organisations and public local authorities who has entrusted money or instruments to an investment firm , and in relation to the activities of ucits , a unit holder or share holder in a ucits ;


### each member state shall ensure that within its territory one or more investor - compensation schemes are introduced and officially recognized . except in the circumstances envisaged in the second subparagraph and in article 5 , no investment firm authorized in that member state or ucits authorized in that member state may carry on investment business or carry on activities as a ucits , unless it belongs to such a scheme . ### each member state shall ensure that within its territory a compulsory insurance system is introduced and officially recognized . except in the circumstances envisaged in the second subparagraph and in article 5 , no investment firm authorized in that member state or ucits authorized in that member state may carry on investment business or carry on activities as a ucits , unless it contracts an insurance for investment compensation .


### without prejudice to the fourth subparagraph , member states shall adjust the coverage levels converted into another currency to the amount referred to in this paragraph every five years . member states may make an earlier adjustment of coverage levels , after having consulted the commission , following the occurrence of unforeseen events such as currency fluctuations . ### without prejudice to the fourth subparagraph , member states shall adjust the coverage levels converted into another currency to the amount referred to in this paragraph every year . member states may make an earlier adjustment of coverage levels , after having consulted the commission , following the occurrence of unforeseen events such as currency fluctuations .


### the commission shall adopt , by means of delegated acts in accordance with article 13a and subject to the conditions of articles 13b and 13c , measures to determine the method to calculate the value of monies and financial instruments covered by the protection of the investor compensation schemes in order to determine the target fund level to be established by the schemes and to modify the target fund level taking account of the developments in financial markets . ### the commission shall adopt , by means of delegated acts in accordance with article 13a and subject to the conditions of articles 13b and 13c , measures to determine the method to calculate the value of monies and financial instruments covered by the protection of the insurance contracts in order to determine the target insurance level to be established by the insurance companies and to modify the target insurance level taking account of the developments in financial markets .


### member states shall ensure that the cost of financing schemes is ultimately borne in relation to investment business by the investment firms or third party custodians covered by the scheme and in relation to ucits activities , by ucits or their depositaries or third parties who are covered by the scheme . regular contributions by members shall be raised annually . ### member states shall ensure that the cost of financing insurance contracts is ultimately borne in relation to investment business by the investment firms or third party custodians covered by the insurance contract and in relation to ucits activities , by ucits or their depositaries or third parties who are covered by the scheme . regular contributions by members shall be raised annually .


### a scheme shall have the right to borrow from all other schemes referred to in article 2 within the union provided that all of the following conditions are met : ### an insurance company shall have the right to borrow from the european reserve fund to in article 2 provided that all of the following conditions are met :


### an investment firm , ucits , depositary or third party , excluded from an investor - compensation scheme , may continue to carry on investment business , its ucits activities or be entrusted with investors ' and ucits financial instruments under the following conditions : ### an investment firm , ucits , depositary or third party , excluded from an insurance contract , may continue to carry on investment business , its ucits activities or be entrusted with investors ' and ucits financial instruments under the following conditions :


### the fact that that period has expired may not be invoked by the scheme to deny coverage to an investor who has been unable to assert his right to compensation in time . ### the fact that that period has expired may not be invoked by the scheme to deny full coverage to an investor who has been unable to assert his right to compensation in time .


### member states shall ensure that each investment firm or ucits takes appropriate measures to make available to actual and intending investors the information necessary for the identification of the investor - compensation scheme of which the investment firm or ucits and its branches within the union are members or any alternative arrangement provided for under the second subparagraph of article 2 or article 5 . investors shall be informed of the provisions of the investor - compensation scheme or any alternative arrangement applicable , including the amount and scope of the cover offered by the compensation scheme and any rules laid down by the member states pursuant to article 2 . that information shall be made available in a readily comprehensible manner . ### member states shall ensure that each investment firm or ucits takes appropriate measures to make available to actual and intending investors the information necessary for the identification of the insurance company of which the investment firm or ucits and its branches within the union are members or any alternative arrangement provided for under the second subparagraph of article 2 or article 5 . investors shall be informed of the provisions of the insurance contract or any alternative arrangement applicable , including the amount and scope of the cover offered by the insurance contract and any rules laid down by the member states pursuant to article 2 . that information shall be made available in a readily comprehensible manner .


### without prejudice to article 3 , any member state may take measures in particular to : ### without prejudice to article 3 , any member state may take measures in conjunction with the social partners in particular to :


### – organise vocational training or retraining schemes for crew members leaving the industry , ### – organise vocational training or retraining schemes and measures related to early retirement pensions for crew members leaving the industry and provide appropriate information about these ,


### – improve skills in inland navigation in order to safeguard the development and future of the profession , ### – improve skills among paid employees and operators in inland navigation in order to safeguard the development and future of the profession where modernisation is foreseeable and required by legislation ,


### – encourage owner - operators to join trade associations and strengthen the organisations representing inland waterway transport at union level , ### – encourage inland waterway transport operators to join trade associations and strengthen the social partners representing inland waterway transport at union level , while guaranteeing that their interests are independently represented at all times ,


### – encourage adaptation of vessels to technical progress in order to improve working conditions and promote safety , ### – encourage adaptation of vessels to technical progress in order to improve working conditions and health protection and promote safety at work ,


### this directive should specify the minimum obligations which insurance undertakings and insurance intermediaries should have in providing information to customers . a member state should be able to in this area maintain or adopt more stringent provisions of their home member state where they are pursuing insurance mediation activities on its territory provided that any such more stringent provisions comply with union law , including directive 2000 / 31 / ec of the european parliament and of the council of 8 june 2000 on certain legal aspects of information society services , in particular electronic commerce , in the internal market . a member state which proposes to apply and applies provisions regulating insurance intermediaries and the sale of insurance products in addition to those set out in this directive should ensure that the administrative burden stemming from these provisions is proportionate for consumer protection . in the interest of consumer protection and in order to prevent mis - selling of insurance products , member states should be permitted to apply exceptionally the more stringent requirements to such insurance intermediaries conducting insurance mediation on an ancillary basis if they consider it necessary and proportionate . ### this directive should specify the minimum obligations which insurance undertakings and insurance intermediaries should have in providing information to customers . a member state should be able to in this area maintain or adopt more stringent provisions of their home member state where they are pursuing insurance mediation activities on its territory provided that any such more stringent provisions comply with union law , including directive 2000 / 31 / ec of the european parliament and of the council of 8 june 2000 on certain legal aspects of information society services , in particular electronic commerce , in the internal market . a member state which proposes to apply and applies provisions regulating insurance intermediaries and the sale of insurance products in addition to those set out in this directive should ensure that the administrative burden stemming from these provisions is proportionate for consumer protection . in the interest of consumer protection and in order to prevent mis - selling of insurance products , member states should be permitted to apply the more stringent requirements to such insurance intermediaries conducting insurance mediation on an ancillary basis if they consider it necessary and proportionate .


### ' insurance mediation ' means the activities of advising on , proposing or carrying out other work preparatory to the conclusion of contracts of insurance , concluding such contracts or assisting in the administration and performance of such contracts , in particular in the event of a claim , and the activity of professional management of claims and loss adjusting . these activities shall be considered to be insurance mediation also if carried on by an insurance undertaking without the intervention of an insurance intermediary . ### ' insurance mediation ' means the activities of advising on , proposing or carrying out other work preparatory to the conclusion of contracts of insurance , concluding such contracts or assisting in the administration and performance of such contracts , in particular in the event of a claim , and the activity of professional management of claims and loss adjusting , including price comparison websites . these activities shall be considered to be insurance mediation also if carried on by an insurance undertaking without the intervention of an insurance intermediary .


### member states may stipulate that , where an insurance or reinsurance intermediary acts under the responsibility of an insurance or reinsurance undertaking or of another registered insurance or reinsurance intermediary , the latter intermediary or the undertaking shall be responsible for ensuring that it meets the conditions for registration set out in this directive . in such a case , the person or entity accepting responsibility shall , having been informed by the member states of the matters set out in paragraph 7 of this article , sub - paragraphs and , be satisfied as to the matter set out in paragraph 7 of this article , sub - paragraph . member states may also stipulate that the person or entity which takes responsibility for the intermediary shall register that intermediary . ### member states may stipulate that , where an insurance or reinsurance intermediary acts under the responsibility of an insurance or reinsurance undertaking or of another registered insurance or reinsurance intermediary , the insurance intermediary shall not be required to provide the competent authority with the information in article 3 and and the insurance entity responsible shall ensure that the insurance intermediary meets the conditions for registration and other provisions set out in this directive . member states may also stipulate that the person or entity which takes responsibility for the intermediary shall register that intermediary .


### member states shall ensure that the competent authorities do not register an insurance or reinsurance intermediary unless it is satisfied that the intermediary meets the requirements laid down in article 8 . ### member states shall ensure that the competent authorities do not register an insurance or reinsurance intermediary unless it is satisfied that the intermediary meets the requirements laid down in article 8 , or that another intermediary or undertaking will take the responsibility for ensuring that the intermediary meets these requirements in accordance with article 3 paragraph 3 .


### to provide information to their competent authorities of the identities of shareholders or members , whether natural or legal persons , that have a holding in the intermediary that exceeds 10% and the amounts of those holdings ; ### tied intermediaries ; and


### to provide information to their competent authorities of the identities of persons who have close links with the insurance or reinsurance intermediary ; ### intermediaries where another insurance entity takes responsibility for ensuring that the intermediary meet these requirements in accordance with article 3 paragraph 3 . member states shall ensure that their competent authorities require that insurance and reinsurance intermediaries to whom article 3 applies inform them without undue delay where information provided under article 3 and changes .


### if an insurance intermediary ' s primary place of business is located in another member state , then the competent authority of that other member state may agree with the home member state competent authority to act as if it were the home member state competent authority with regard to the obligations in chapters vi , vii and viii of this directive . in the event of such an agreement , the home member state competent authority shall notify the insurance intermediary and eiopa without delay . ### each member state shall require that : any insurance intermediary which is a legal person have its head office in the same member state as its registered office and that it actually operates there ; b ) any insurance intermediary which is not a legal person or any insurance intermediary which is a legal person but under its national law has no registered office have its head office in a member state in which it actually carries on its business . if an insurance intermediary ' s primary place of business is located in another member state , then the competent authority of that other member state may agree with the home member state competent authority to act as if it were the home member state competent authority with regard to the obligations in chapters vi , vii and viii of this directive . in the event of such an agreement , the home member state competent authority shall notify the insurance intermediary and eiopa without delay .


### where the host member state has grounds for concluding that an insurance or reinsurance intermediary acting within its territory under the freedom to provide services or through an establishment is in breach of any obligation set out in this directive it shall refer those findings to the competent authority of the home member state which shall take the appropriate measures . in cases where , despite measures taken by the competent authority of the home member state , an insurance or reinsurance intermediary persists in acting in a manner that is clearly prejudicial to the interests of host member state consumers or the orderly functioning of insurance and reinsurance markets , the insurance or reinsurance intermediary shall be subject to the following measures : ### where the host member state has grounds for concluding that an insurance or reinsurance intermediary acting within its territory under the freedom to provide services or through an establishment is in breach of any obligation set out in this directive , and where the host member state does not have powers under this directive to take action in response to such breaches , it shall refer those findings to the competent authority of the home member state which shall take the appropriate measures . in cases where , despite measures taken by the competent authority of the home member state , an insurance or reinsurance intermediary persists in acting in a manner that is clearly prejudicial to the interests of host member state consumers or the orderly functioning of insurance and reinsurance markets , the insurance or reinsurance intermediary shall be subject to the following measures :


### member states shall ensure that insurance and reinsurance undertakings and intermediaries use the insurance and reinsurance mediation services only of registered insurance and reinsurance intermediaries or of the persons referred to in article 1 or of the persons who have fulfilled the declaration procedure referred to in article 4 . ### member states shall ensure that insurance and reinsurance undertakings and intermediaries use the insurance and reinsurance mediation services only of registered insurance and reinsurance intermediaries or of the persons referred to in article 1 or of the persons who have fulfilled the declaration procedure referred to in article 4 . if national law provides , when insurance and reinsurance intermediaries based inside the european union use the services of insurance or reinsurance intermediaries outside the european union , it is not necessary for the intermediary or undertaking which is based outside the union to be registered within the member state .


### when the insurance intermediary or the insurance undertaking inform the customer that it gives its advice on the basis of a fair analysis , it is obliged to give that advice on the basis of an analysis of a sufficiently large number of insurance contracts available on the market , to enable it to make a recommendation , in accordance with professional criteria regarding which insurance contract would be adequate to meet the customer ' s needs . ### when the insurance intermediary or the insurance undertaking inform the customer that it gives its advice on the basis of a fair analysis , it is obliged to give that advice on the basis of an analysis of a significant and sufficiently large number of insurance contracts from a significant and sufficiently large number of insurance providers available on the market , to enable it to make a recommendation , in accordance with professional criteria regarding which insurance contract would be adequate to meet the customer ' s needs .


### prior to the conclusion of a contract , whether or not advice is given , the insurance intermediary or insurance undertaking shall give the customer the relevant information about the insurance product in a comprehensible form to allow the customer to make an informed decision , while taking into account the complexity of the insurance product and the type of costumer . ### prior to the conclusion of a contract , whether or not advice is given , the insurance intermediary or insurance undertaking shall give the customer the relevant information about the insurance product in a comprehensible form to allow the customer to make an informed decision , while taking into account the complexity of the insurance product and the type of customer .


### in the case of telephone selling , the prior information given to the customer shall be in accordance with union rules applicable to the distance marketing of consumer financial services . moreover , information shall be provided to the customer in accordance with paragraph 1 or 2 immediately after the conclusion of the insurance contract . ### in the case of telephone selling , the prior information given to the customer shall be in accordance with union rules applicable to the distance marketing of consumer financial services . moreover , following the conditions of paragraph 4 being met , information shall be provided to the customer in accordance with paragraph 1 or 2 immediately after the conclusion of the insurance contract .


### member states shall require insurance intermediaries and insurance undertakings to take all appropriate steps to identify conflicts of interest between themselves , including their managers , employees and tied insurance intermediaries , or any person directly or indirectly linked to them by control and their customers or between one customer and another that arise in the course of carrying on insurance mediation . ### member states shall require insurance intermediaries and insurance undertakings to take all appropriate steps to identify , mitigate , avoid and remove conflicts of interest between themselves , including their managers , employees and tied insurance intermediaries , or any person directly or indirectly linked to them by control and their customers or between one customer and another that arise in the course of carrying on insurance mediation .


### costs and associated charges . ### costs and associated charges . where charges are made on more than one occasion , and of a varying amount , an estimate of the cost will be provided , including when such charges can be expected .


### regulation no 851 / 2004 of the european parliament and of the council of 21 april 2004 establishing a european centre for disease prevention and control [ 28 ] provides the ecdc with a mandate covering surveillance , detection and risk assessment of threats to human health from communicable diseases and outbreaks of unknown origin . the ecdc has progressively taken over the epidemiological surveillance of communicable diseases and the operation of the early warning and response system from the community network set up under decision no 2119 / 98 / ec . this development is not reflected in decision no 2119 / 98 / ec , which was adopted before the creation of the ecdc . ### regulation no 851 / 2004 of the european parliament and of the council of 21 april 2004 establishing a european centre for disease prevention and control [ 28 ] provides the ecdc with a mandate covering surveillance , detection and risk assessment of threats to human health from communicable diseases and outbreaks of unknown origin . in the case of a threat that did not arise from a transmissible disease , the ecdc would have to respond only in cooperation with the competent authority , at the request of this authority . the ecdc has progressively taken over the epidemiological surveillance of communicable diseases and the operation of the early warning and response system from the community network set up under decision no 2119 / 98 / ec . this development is not reflected in decision no 2119 / 98 / ec , which was adopted before the creation of the ecdc .


### the european parliament in its resolution of 8 march 2011 [ 29 ] and the council in its conclusions of 13 september 2010 [ 30 ] stressed the need to introduce a common procedure for the joint procurement of medical countermeasures , and in particular of pandemic vaccines , to allow member states , on a voluntary basis , to benefit from such group purchases . with regard to pandemic vaccines , in the context of limited production capacities at global level , such a procedure would increase the availability of those products and ensure fairer access to them among member states participating in the joint procurement . ### the european parliament in its resolution of 8 march 2011 [ 29 ] and the council in its conclusions of 13 september 2010 [ 30 ] stressed the need to introduce a common procedure for the joint procurement of medical countermeasures , and in particular of pandemic vaccines , to allow member states , on a voluntary basis , to benefit from such group purchases and to obtain , in particular , equal access as well as advantageous prices and order flexibility with regard to a given product . with regard to pandemic vaccines , in the context of limited production capacities at global level , such a procedure would increase the availability of those products and ensure fairer access to them among member states participating in the joint procurement .


### inconsistent or confusing communication with the public and stakeholders such as health professionals may have a negative impact on the effectiveness of the response from a public health perspective as well as on economic operators . therefore , the coordination of the response at the union level should encompass shared information campaigns and consistent communication messages to citizens based on robust and independent evaluation of public health risks . ### inconsistent or confusing communication with the public and stakeholders such as health professionals may have a negative impact on the effectiveness of the response from a public health perspective as well as on economic operators . therefore , the coordination of the response at union level should encompass shared information campaigns and consistent communication messages to citizens based on robust and independent evaluation of public health risks . proper communication strategies would allow the member states and the commission to monitor the clarity and coherence of the information content of the message to the public , particularly concerning the nature and characteristics of the threat , the best way of preventing it and the risks and benefits of protection and / or treatment .


### in order to ensure uniform conditions for the implementation of this decision , implementing powers should be conferred on the commission to adopt implementing acts in relation to : the procedures for the coordination , the exchange of information and the mutual consultation on preparedness and response planning ; the adoption of a list of communicable diseases subject to the network of epidemiological surveillance and the procedures for the operation of such a network ; the setting up and termination of ad hoc monitoring networks and the procedures for the operation of such networks the adoption of case definitions for serious cross - border threats to health ; the procedures for the operation of the early warning and response system ; the procedures for the coordination of the responses of the member states ; the recognition of situations of emergency at union level or of pre - pandemic situations with respect to human influenza at union level . those powers should be exercised in accordance with regulation no 182 / 2011 of the european parliament and of the council of 16 february 2011 laying down the rules and general principles concerning mechanisms for control by member states of the commission’s exercise of implementing powers . ### in order to ensure uniform conditions for the implementation of this decision , implementing powers should be conferred on the commission to adopt implementing acts in relation to : the adoption of a list of communicable diseases subject to the network of epidemiological surveillance and the procedures for the operation of such a network ; the setting up and termination of ad hoc monitoring networks and the procedures for the operation of such networks the adoption of case definitions for serious cross - border threats to health ; the procedures for the operation of the early warning and response system ; the procedures for the coordination of the responses of the member states ; the recognition of situations of emergency at union level or of pre - pandemic situations with respect to human influenza at union level . those powers should be exercised in accordance with regulation no 182 / 2011 of the european parliament and of the council of 16 february 2011 laying down the rules and general principles concerning mechanisms for control by member states of the commission’s exercise of implementing powers .


### communicable diseases ; ### communicable diseases , including human zoonotic infections ;


### specific mechanisms established at national level for the interoperability between the health sector and other critical sectors of society ; ### specific mechanisms established at national level for the interoperability between the health sector , veterinary sector and other critical sectors of society ;


### the commission shall , by means of implementing acts , determine the procedures necessary for the coordination , the exchange of information and the mutual consultation referred to in paragraphs 1 to 4 . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 20 . ### the commission shall be empowered to adopt delegated acts in accordance with article 21 with regard to the division of roles and responsibilities among the key actors in preparedness and response planning as well as procedures for coordination , the exchange of information and mutual consultation referred to in this article .


### a rapid alert system for notifying at the union level alerts in relation to serious cross - border threats to health , ' early warning and response system ' , is hereby established . this system shall bring into permanent communication the commission and the competent authorities responsible at national level for alerting , assessing public health risks and determining the measures that may be required to protect public health . ### a rapid alert system for notifying at union level alerts in relation to serious cross - border threats to health , ' early warning and response system ' , is hereby established . this system shall bring into permanent communication the commission , the ecdc and the competent authorities responsible at national level for alerting , assessing public health risks and determining the measures that may be required to protect public health .


### the commission shall , by means of implementing acts , adopt procedures concerning the information exchange in order to ensure the proper functioning of the early warning and response system and the uniform implementation of articles 8 and 9 . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 20 . ### the commission shall be empowered to adopt delegated acts in accordance with article 21 with regard to information exchange in order to ensure the proper functioning of the early warning and response system .


### the commission shall submit to the european parliament and the council every three years a technical report on the activities of the early warning and response system and other activities carried out in the context of the implementation of this decision . ### the commission shall submit a report to the european parliament and the council every three years containing an assessment of the functioning of the early warning and response system . the first report , which shall be submitted within three years of the entry into force of this decision , shall assess the activities of the early warning and response system and other activities carried out in the context of the implementation of this decision . it shall also include any proposals to amend or adapt this decision as considered necessary by the commission . every time common temporary public health measures are adopted under article 12 , and at least two months after the date on which these measures are adopted , the commission shall submit a detailed report to the european parliament and the council on the content of these measures and their contribution to reducing the serious cross - border threat to health .


### article 20 of the treaty provides for citizenship of the union as additional to national citizenship of the respective member states , stipulating that every person holding the nationality of a member state shall be a citizen of the union . the second paragraph of article 20 specifies that citizens of the union shall enjoy the rights and be subject to the duties provided for in the treaties , and that they shall have , inter alia , the right to move and reside freely within the territory of the member states . the right of union citizens to free movement and residence is further enshrined in article 21 of the treaty . ### article 20 of the treaty on the functioning of the european union provides for citizenship of the union as additional to national citizenship of the respective member states , stipulating that every person holding the nationality of a member state shall be a citizen of the union . article 20 tfeu specifies that citizens of the union shall enjoy the rights and be subject to the duties provided for in the treaties , and that they shall have , inter alia : the right to move and reside freely within the territory of the member states ; the right to vote and to stand as candidates in elections to the european parliament and in municipal elections in their member state of residence , under the same conditions as nationals of that state ; the right to enjoy , in the territory of a third country in which the member state of which they are nationals is not represented , the protection of the diplomatic and consular authorities of any member state on the same conditions as the nationals of that state ; the right to petition the european parliament , to apply to the european ombudsman , and to address the institutions and advisory bodies of the union in any of the treaty languages and to obtain a reply in the same language . the rights arising from citizenship of the union are further enshrined in articles 21 , 22 , 23 and 24 tfeu .


### the rights inherent to citizenship of the union are incorporated in the charter of fundamental rights of the european union . according to the charter ' s preamble , the union ' places the individual at the heart of its activities , by establishing a citizenship of the union and by creating an area of freedom , security and justice ' . chapter v of the charter sets down ' citizens ' rights ' , including , in its article 45 , the right of every citizen of the union to move and reside freely within the territory of the member states . ### the rights arising from citizenship of the union are incorporated in the charter of fundamental rights of the european union . according to the charter ' s preamble , the union ' places the individual at the heart of its activities , by establishing citizenship of the union and by creating an area of freedom , security and justice ' . chapter v of the charter sets out ' citizens ' rights ' , including : in its article 39 , the right to vote and stand as a candidate at elections to the european parliament ; in its article 40 , the right to vote and to stand as a candidate at municipal elections ; in its article 41 , the right to good administration ; in its article 42 , the right of access to documents ; in its article 43 , the right to refer to the european ombudsman cases of maladministration in the activities of the union institutions or bodies , with exception of the court of justice of the european union acting in its judicial role ; in its article 44 , the right to petition the european parliament ; in its article 45 , the right to move and reside freely within the territory of member states ; and in its article 46 , the right to diplomatic and consular protection .


### in particular , free movement and workers ' mobility help addressing the consequences of demographic change on the labour market , while also increasing the employability of people and improving the competitiveness of european industries . at the same time , free movement either enables , as an essential condition , or stimulates the exercise by citizens of a broad range of rights available to them under union law , such as their rights as consumers to access goods and services or their rights as passengers and tourists . facilitating free movement has therefore the potential to enhance citizens ' possibilities to fully benefit from the single market , whilst being a key driver for growth . ### in particular , it is possible that free movement and workers ' mobility help address the consequences of demographic change on the labour market , while also increasing the employability of people and improving the competitiveness of european industries . at the same time , free movement either enables , as an essential condition , or stimulates the exercise by citizens of a broad range of rights arising under union law , such as their rights as consumers to access goods and services or their rights as passengers and tourists . facilitating free movement has therefore the potential to enhance citizens ' possibilities to fully benefit from the single market , whilst being a key driver for growth .


### in the eu citizenship report 2010 ' dismantling the obstacles to eu citizens ' rights ' , the commission addressed the main obstacles which citizens still encounter in their daily lives when they seek to exercise their rights as union citizens , in particular in cross - border situations and outlined 25 concrete actions to remove these obstacles . one of the obstacles identified in this context was lack of information . the commission concluded , in the eu citizenship report 2010 , that union citizens are prevented from enjoying their rights because they lack awareness of them and announced its intention to step up the dissemination of information to union citizens about their rights , in particular about their right to free movement . ### in the eu citizenship report 2010 ' dismantling the obstacles to eu citizens ' rights ' , the commission addressed the main obstacles which citizens still encounter in their different roles in their daily lives when they seek to exercise their rights as union citizens , in particular in cross - border situations and outlined 25 concrete actions to remove these obstacles . one of the obstacles identified in this context was lack of information , in combination with language difficulties . the commission concluded , in the eu citizenship report 2010 , that union citizens are prevented from enjoying their rights because they lack awareness of them and announced its intention to step up the dissemination of information to union citizens about their rights .