### the accrediting authority shall be responsible for supervising the body and for taking all necessary measures to remedy any deficiency in its operation , including the suspension and withdrawal of the accreditation . ### the accrediting authority shall be responsible for monitoring compliance of the accredited bodies with the accreditation criteria , on the basis of available audits and control results . the accrediting authority shall take all necessary measures to remedy any deficiency in the implementation of the tasks entrusted to the bodies it has accredited , including the suspension and withdrawal of the accreditation . the accredited bodies in the member states shall : conduct checks and put in place an effective and efficient internal control system ; provide the commission by 1 march of the following year with : their annual accounts drawn up for the expenditure made in the execution of the tasks entrusted and presented to the commission for reimbursement including the sums disbursed to the beneficiaries for which recovery procedures are underway ; a summary of the results of available audits and checks carried out , including an analysis of systemic or recurrent weaknesses as well as corrective actions taken or planned and their results ; a management declaration , signed at ministerial level , providing reasonable assurance that : - the information contained in the accounts presents a true and fair view ; - the expenditure referred in the accounts has been used for its intended purpose and in accordance with the principle of sound financial management ; - the control procedures put in place give the necessary guarantees concerning the legality and regularity of the underlying transactions . these documents shall be accompanied by an opinion of an independent audit body , drawn up in accordance with the internationally accepted audit standards , on the contents of the management declaration . the audit body shall report if the examination puts in doubt the assertions made in the management declaration . an annex to the opinion shall present the error rate per funds and an analysis of the errors as well as reservations ; ensure in conformity with article 31 , annual ex post publication of recipients of union funds ; and ensure a protection of personal data which satisfies the principles laid down in directive 95 / 46 / ec . if a member state has accredited more than one body with responsibility for ex ante and ex post verifications per policy area , it shall by 15 march of the following financial year provide the commission with a synthesis report consisting of an overview at national level of all management declarations of assurance and the independent audit opinions thereon , prepared for the policy area concerned . the member states shall bring legal proceedings as necessary and appropriate . as far as member states immediately disclose errors and / or irregularities they discover to the commission and remedy these , they may be exempt from financial corrections concerning such errors and / or irregularities .


### member states have a core responsibility in preserving financial stability in crisis management , in particular with regard to stabilising and resolving individual ailing financial market participants . measures by the authority in emergency or settlement situations affecting the stability of a financial market participant should not impinge on the fiscal responsibilities of member states . a mechanism should be established whereby member states may invoke this safeguard and ultimately bring the matter before the council for decision . it is appropriate to confer on the council a role in this matter given the particular responsibilities of the member states in this respect . ### member states have a core responsibility in preserving financial stability in crisis situations , in particular with regard to stabilising and resolving individual ailing financial institutions . measures by the authority in emergency or settlement situations affecting the stability of a financial institution should not impinge on the fiscal responsibilities of member states . a mechanism should be established whereby member states may request that the decision of the authority be reconsidered .


### the authority shall ensure that no decision adopted under articles 10 or 11 impinges in any way on the fiscal responsibilities of member states . ### the authority shall ensure that no decision adopted under article 10 or 11 impinges directly on the fiscal responsibilities of member states .


### where a member state considers that a decision taken under article 11 impinges on its fiscal responsibilities , it may notify the authority and the commission within one month after notification of the authority ' s decision to the competent authority that the decision will not be implemented by the competent authority . ### where a member state considers that a decision taken under article 11 impinges on its fiscal responsibilities , it may notify the authority , the commission and the council within three working days after notification of the authority ' s decision to the competent authority .


### within a period of one month from the notification by the member state , the authority shall inform the member state as to whether it maintains its decision or whether it amends or revokes it . ### within a period of one week from the notification by the member state , the authority shall inform the member state as to whether it maintains its decision or whether it amends or revokes it .


### where the authority maintains its decision , the council , acting by qualified majority as defined in article 205 of the treaty , shall , within two months , decide whether the authority ' s decision is maintained or revoked . ### where the authority maintains its decision , the council , acting by qualified majority as defined in article 238 of the treaty on the functioning of the european union , shall , within one month , decide whether the authority ' s decision is maintained or revoked .


### in order to enhance the coherence of the mandate , strengthen the focus of the eib external financing activity on supporting eu policies , and for the maximum benefit of beneficiaries , this decision should set out horizontal high - level objectives in the mandate for eib financing operations across all eligible countries , building on the comparative strengths of the eib in areas where it has a well - proven track record . in all regions covered by this decision , the eib should thus finance projects in the areas of climate change mitigation and adaptation , social and economic infrastructure ) , and local private sector development , in particular in support of small and medium - sized enterprises . within these areas , regional integration among partner countries , including economic integration between pre - accession countries , neighbouring countries and the eu , should be an underlying objective for eib financing operations . ### in order to enhance the coherence of the mandate , strengthen the focus of the eib external financing activity on supporting eu policies , and for the maximum benefit of beneficiaries , this decision should set out horizontal high - level objectives in the mandate for eib financing operations across all eligible countries , building on the comparative strengths of the eib in areas where it has a well - proven track record . in all regions covered by this decision , the eib should thus finance projects in the areas of climate change mitigation and adaptation , social and economic infrastructure ) , and local private sector development , in particular in support of small and medium - sized enterprises . it should be recalled that improving access for smes to capital can play an essential role in stimulating economic development and the fight against unemployment . within these areas , regional integration among partner countries , including economic integration between pre - accession countries , neighbouring countries and the eu , should be an underlying objective for eib financing operations . the eib can support eu presence in partner countries through foreign direct investment that contributes to promoting technology and knowledge transfer , either for investments within the aforementioned areas , or at its own risk .


### the relevance of rating outlooks for investors and issuers and their effects on markets are comparable to the relevance and effects of credit ratings . therefore , all the requirements of regulation no 1060 / 2009 which aim at ensuring that rating actions are free from conflicts of interest , accurate and transparent should also apply to rating outlooks . according to current supervisory practice a number of requirements of the regulation apply to rating outlooks . this regulation introduces a definition of rating outlooks and clarifies which specific provisions apply to such outlooks . this should clarify the rules and provide legal certainty . the definition of rating outlooks according to this regulation should also encompass opinions regarding the likely direction of a credit rating in the short term , commonly referred to as credit watches . ### the relevance of rating outlooks for investors and issuers and their effects on markets are comparable to the relevance and effects of credit ratings . therefore , all the requirements of regulation no 1060 / 2009 which aim at ensuring that rating actions are free from conflicts of interest , accurate and transparent should also apply to rating outlooks . according to current supervisory practice a number of requirements of the regulation apply to rating outlooks . this regulation introduces a definition of rating outlooks and clarifies which specific provisions apply to such outlooks . this should clarify the rules and provide legal certainty . the definition of rating outlooks according to this regulation should also encompass opinions regarding the likely direction of a credit rating in the short term , commonly referred to as credit watches . the commission should adopt draft regulatory technical standards , developed by esma , in order to include , if needed , other publications from credit rating agencies in the activities supervised within the framework of this regulation .


### credit rating agencies are important participants in the financial markets . as a consequence , the independence and integrity of credit rating agencies and their credit rating activities are of particular importance to guarantee their credibility vis - à - vis market participants , in particular investors and other users of ratings . regulation 1060 / 2009 provides that credit rating agencies have to be registered and supervised as their services have considerable impact on the public interest . credit ratings , unlike investment research , are not mere opinions about a value or a price for a financial instrument or a financial obligation . credit rating agencies are not mere financial analysts or investment advisors . credit ratings have regulatory value for regulated investors , such as credit institutions , insurance companies and other institutional investors . although the incentives to excessively rely on credit ratings are being reduced , credit ratings still drive investment choices , notably because of information asymmetries and for efficiency purposes . in this context , credit rating agencies must be independent and perceived as such by market participants . ### in the medium term , further actions should be evaluated to take ratings out of financial regulation and to eliminate risk - weighting of assets through external ratings or internal models . however , for the time being credit rating agencies are important participants in the financial markets . as a consequence , the independence and integrity of credit rating agencies and their credit rating activities are of particular importance to guarantee their credibility vis - à - vis market participants , in particular investors and other users of ratings . regulation 1060 / 2009 provides that credit rating agencies have to be registered and supervised as their services have considerable impact on the public interest . credit ratings , unlike investment research , are not mere opinions about a value or a price for a financial instrument or a financial obligation . credit rating agencies are not mere financial analysts or investment advisors . credit ratings have regulatory value for regulated investors , such as credit institutions , insurance companies and other institutional investors . although the incentives to excessively rely on credit ratings are being reduced , credit ratings still drive investment choices , notably because of information asymmetries and for efficiency purposes . in this context , credit rating agencies must be independent and perceived as such by market participants .


### the perception of independence of credit rating agencies would be particularly affected should the same shareholders or members be investing in different credit rating agencies not belonging to the same group of credit rating agencies , at least if this investment reaches a certain size that could allow these shareholders or members to exercise a certain influence on the agency’s business . therefore , in order to ensure the independence of credit rating agencies , it is appropriate to provide for stricter rules regarding the relations between the credit rating agencies and their shareholders . for this reason , no person should simultaneously hold a participation of 5% or more in more than one credit rating agency , unless the agencies concerned belong to the same group . ### the independence of credit rating agencies could be particularly affected should the same shareholders or members be investing in different credit rating agencies not belonging to the same group of credit rating agencies . therefore , in order to avoid actual or potential conflicts of interest and to ensure the independence of credit rating agencies , it is appropriate to provide for stricter rules regarding the relations between the credit rating agencies and their shareholders . for this reason , a shareholder or member of a credit rating agency should not simultaneously invest in another credit rating agency , unless the latter belongs to the same group .


### this regulation introduces a common regulatory approach in order to enhance the integrity , transparency , responsibility , good governance and reliability of credit rating activities , contributing to the quality of credit ratings issued in the union , thereby contributing to the smooth functioning of the internal market while achieving a high level of consumer and investor protection . it lays down conditions for the issuing of credit ratings and rules on the organisation and conduct of credit rating agencies , including their shareholders and members , to promote credit rating agencies’ independence , the avoidance of conflicts of interest and the enhancement of consumer and investor protection . ### this regulation introduces a common regulatory approach in order to enhance the integrity , transparency , responsibility and good governance of credit rating activities , contributing to the quality of credit ratings issued in the union , thereby contributing to the smooth functioning of the internal market while achieving a high level of consumer and investor protection . it lays down conditions for the issuing of credit ratings and rules on the organisation and conduct of credit rating agencies , including their shareholders and members , to promote credit rating agencies’ independence , the avoidance of conflicts of interest and the enhancement of consumer and investor protection .


### “rating outlook” means an opinion regarding the likely direction of a credit rating over the short and medium term . ### “rating outlook” means a statement regarding the likely direction of a credit rating over the short and medium term , including credit watch , based on objective criteria .


### credit institutions , investment firms , insurance and reinsurance undertakings , institutions for occupational retirement provisions , management and investment companies , alternative investment fund managers and central counterparties as defined in regulation no xx / 201x of the european parliament and of the council of xx xxx 201x on otc derivatives , central counterparties and trade repositories shall make their own credit risk assessment and shall not solely or mechanistically rely on credit ratings for assessing the creditworthiness of an entity or financial instrument . competent authorities in charge of supervising these undertakings shall closely check the adequacy of undertakings credit assessment processes . ### credit institutions , investment firms , insurance and reinsurance undertakings , institutions for occupational retirement provisions , management and investment companies , alternative investment fund managers and central counterparties as defined in regulation no xx / 201x of the european parliament and of the council of xx xxx 201x on otc derivatives , central counterparties and trade repositories shall make their own credit risk assessment and shall neither solely nor mechanistically rely on credit ratings for assessing the creditworthiness of an entity or financial instrument . an external credit rating shall only be used if the undertakings referred to in the first paragraph have a balance sheet of less than 2 , 5 billion euro and demonstrated that they are unable to assess the credit risk by other means or where they can demonstrate to the satisfaction of the competent authority that the burden of an internal assessment is not justified by the materiality of the current and expected future exposure resulting from the assets concerned . competent authorities in charge of supervising these undertakings shall closely monitor the adequacy of undertakings credit assessment processes and ensure that they agree neither to contractual rules that result in the automatic sale of assets in the event of a downgrade of the creditworthiness by an external credit rating agency , nor to a rule requiring the use of a specific credit rating agency .


### article 5a over - reliance on credit ratings by financial institutions credit institutions , investment firms , insurance and reinsurance undertakings , institutions for occupational retirement provisions , management and investment companies , alternative investment fund managers and central counterparties as defined in regulation no xx / 201x of the european parliament and of the council of xx xxx 201x on otc derivatives , central counterparties and trade repositories shall make their own credit risk assessment and shall not solely or mechanistically rely on credit ratings for assessing the creditworthiness of an entity or financial instrument . competent authorities in charge of supervising these undertakings shall closely check the adequacy of undertakings credit assessment processes . ### article 5a over - reliance on credit ratings by financial institutions credit institutions , investment firms , insurance and reinsurance undertakings , institutions for occupational retirement provisions , management and investment companies , alternative investment fund managers and central counterparties as defined in regulation no xx / 201x of the european parliament and of the council of xx xxx 201x on otc derivatives , central counterparties and trade repositories shall make their own credit risk assessment and shall not solely rely on credit ratings for assessing the creditworthiness of an entity or financial instrument . competent authorities in charge of supervising these undertakings shall closely check the adequacy of undertakings’ credit assessment processes .


### a credit rating agency shall adopt , implement and enforce adequate measures to ensure that the credit ratings and the rating outlooks it issues are based on a thorough analysis of all the information that is available to it and that is relevant to its analysis according to the applicable rating methodologies . it shall adopt all necessary measures so that the information it uses in assigning credit ratings and rating outlooks is of sufficient quality and from reliable sources . ### a credit rating agency shall adopt , implement and enforce adequate measures to ensure that the credit ratings and the rating outlooks it issues are based on a thorough analysis of all the information concerning all types of financial risks , including environmental risks , that is available to it and that is relevant to its analysis according to the applicable rating methodologies . it shall adopt all necessary measures so that the information it uses in assigning credit ratings and rating outlooks is of sufficient quality and from reliable sources .


### information on structured finance instruments ### information on finance instruments


### the issuer , the originator and the sponsor of a structured finance instrument established in the union shall disclose to the public , in accordance with paragraph 4 , information on the credit quality and performance of the individual underlying assets of the structured finance instrument , the structure of the securitization transaction , the cash flows and any collateral supporting a securitisation exposure as well as any information that is necessary to conduct comprehensive and well informed stress tests on the cash flows and collateral values supporting the underlying exposures . ### the issuer , the originator and the sponsor of a finance instrument established in the union shall disclose to the public , in accordance with paragraph 4 , all information on the credit quality and , in so far as available , the performance of the finance instruments . as regards structured finance instruments , all information on the credit quality and performance of the individual underlying assets of the structured finance instrument , the structure of the securitization transaction , the cash flows and any collateral supporting a securitisation exposure as well as any information that is necessary to conduct comprehensive and well informed stress tests on the cash flows and collateral values supporting the underlying exposures shall be disclosed to the public .


### where an issuer or a related third party intends to solicit a credit rating of a structured finance instrument , it shall mandate at least two credit rating agencies . each credit rating agency shall provide its own independent credit rating . ### where an issuer or a related third party intends to solicit a credit rating of a structured finance instrument , it shall refer the decision mandating at least two credit rating agencies to a joint committee with equal representation of issuers and investors . each credit rating agency shall provide its own independent credit rating .


### a credit rating agency shall disclose any credit rating or rating outlook , as well as any decision to discontinue a credit rating , on a non - selective basis and in a timely manner . in the event of a decision to discontinue a credit rating , the information disclosed shall include full reasons for the decision . ### a credit rating agency shall disclose any solicited credit rating or rating outlook , as well as any decision to discontinue a credit rating , on a non - selective basis and in a timely manner . in the event of a decision to discontinue a credit rating , the information disclosed shall include full reasons for the decision .


### credit rating agencies shall ensure that credit ratings and rating outlooks are presented and processed in accordance with the requirements set out in section d of annex i . ' ; ### credit rating agencies shall ensure that credit ratings and rating outlooks are presented and processed in accordance with the requirements set out in section d of annex i . credit rating agencies shall not present factors other than those related to the ratings and shall avoid any judgment and analysis outside the scope of ratings .


### when announcing a credit rating or a rating outlook , a credit rating agency shall explain in its press releases or reports the key elements underlying the credit rating or the rating outlook . ### when announcing a credit rating or a rating outlook , a credit rating agency shall explain in its press releases and explanatory statement the key elements underlying the credit rating or the rating outlook


### a credit rating agency shall disclose on its website , on an ongoing basis , information about all entities or debt instruments submitted to it for their initial review or for preliminary rating . such disclosure shall be made whether or not issuers contract with the credit rating agency for a final rating . ### a credit rating agency shall provide esma , on an ongoing basis , with detailed information about all entities or debt instruments submitted to it for their initial review or for preliminary rating . such information shall be provided whether or not issuers contract with the credit rating agency for a final rating .


### in its ‘ resolution of 15 december on the situation of fundamental rights in the european union - effective implementation after the entry into force of the treaty of lisbon’ the european parliament called on the commission to devote the 2013 european year to citizenship in order to give momentum to the debate on union citizenship and inform union citizens of their rights , in particular the new rights resulting from the entry into force of the treaty of lisbon . ### in its resolution of 15 december on the situation of fundamental rights in the european union - effective implementation after the entry into force of the treaty of lisbon the european parliament called on the commission to make 2013 the european year of citizenship in order to give momentum to the debate on european citizenship and inform eu citizens of their rights , in particular the new rights resulting from the entry into force of the treaty of lisbon .


### despite the fact that the right to free movement and residence is firmly anchored in primary union law and substantially developed in secondary law , a gap still remains between the applicable legal rules and the reality confronting citizens when they seek to exercise this right in practice . aside from an uncertainty over the advantages of being mobile , union citizens perceive too many practical obstacles with regard to living and working elsewhere in the union . ### despite the fact that eu citizenship rights are firmly anchored in primary union law and substantially developed in secondary law , a gap still remains between the applicable legal rules and the reality confronting citizens when they seek to exercise these rights in practice .


### ensuring the correct and full application of community law is a core prerequisite for the integrity , efficiency and orderly functioning of financial markets , the stability of the financial system , and for neutral conditions of competition for financial institutions in the community . a mechanism should therefore be established whereby the authority addresses instances of incorrect or insufficient application of community law . this mechanism should apply in areas where community legislation defines clear and unconditional obligations . ### ensuring the correct and full application of community law is a core prerequisite for the integrity , efficiency and orderly functioning of financial markets , the stability of the financial system , and for neutral conditions of competition for financial market participants in the community . a mechanism should therefore be established whereby the authority addresses instances of non - application of community law . this mechanism should apply in areas where community legislation defines clear and unconditional obligations .


### in order to effectively carry out its duties , the authority should have the right to request all necessary information . to avoid duplication of reporting obligations for financial institutions , that information should normally be provided by the national supervisory authorities who are closest to financial markets and institutions . however , the authority should have the power to request information directly from financial institutions and other parties where a national supervisory authority does not or cannot provide such information in a timely fashion . member states ' authorities should be obliged to assist the authority in enforcing such direct requests . ### in order to effectively carry out its duties , the authority should have the right to request all necessary information . to avoid duplication of reporting obligations for financial market participants , that information should normally be provided by the national supervisory authorities who are closest to financial markets and market participants , subject to the requirement that confidential information must not be made available to bodies and authorities that are not entitled to it . however , the authority should have the power to request information directly from financial market participants and other parties where a national competent authority does not or cannot provide such information in a timely fashion . member states ' authorities should be obliged to assist the authority in enforcing such direct requests .


### close cooperation between the authority and the european systemic risk board is essential to give full effectiveness to the functioning of the european systemic risk board and the follow - up to its warnings and recommendations . the authority should share any relevant information with the european systemic risk board . data related to individual undertakings should be provided only upon reasoned request . upon receipt of warnings or recommendations addressed by the european systemic risk board to the authority or a national supervisory authority , the authority should ensure follow - up . ### close cooperation between the authority and the european systemic risk board is essential to give full effectiveness to the functioning of the european systemic risk board and the follow - up to its warnings and recommendations . the authority should share any relevant information with the european systemic risk board . data related to individual undertakings should be provided only upon reasoned request and should be protected on a consistent basis and in accordance with eu law . upon receipt of warnings or recommendations addressed by the european systemic risk board to the authority or a national supervisory authority , the authority should take immediate action and ensure follow - up .


### member states have a core responsibility in preserving financial stability in crisis management , in particular with regard to stabilising and resolving individual ailing financial institutions . measures by the authority in emergency or settlement situations affecting the stability of a financial institution should not impinge on the fiscal responsibilities of member states . a mechanism should be established whereby member states may invoke this safeguard and ultimately bring the matter before the council for a decision . it is appropriate to confer on the council a role in this matter given the particular responsibilities of the member states in this respect . ### member states have a core responsibility in preserving financial stability in crisis situations , in particular with regard to stabilising and resolving individual ailing financial institutions . measures by the authority in emergency or settlement situations affecting the stability of a financial institution should not impinge on the fiscal responsibilities of member states . a mechanism should be established whereby member states may request that the decision of the authority be reconsidered .


### take individual decisions addressed to financial institutions , in the specific cases referred to in article 9 , article 10 , and article 11 ; ### in cases concerning directly applicable european union law , take individual decisions addressed to financial institutions , in the specific cases referred to in article 10 ;


### technical standards ### delegation of power to adopt technical standards


### the standards shall be adopted by the commission by means of regulations or decisions and published in the official journal of the european union . ### the commission shall adopt the standards by means of regulations or decisions and transmit them to the european parliament and the council . if within three months of that transmission neither the european parliament nor the council raises any objection to those standards , they shall be published in the official journal of the european union .


### the authority shall , with a view to establishing consistent , efficient and effective supervisory practices within the esfs , and to ensuring the common , uniform and consistent application of community legislation , issue guidelines and recommendations addressed to national supervisory authorities or financial institutions . ### the authority shall , with a view to establishing consistent , efficient and effective supervisory practices within the esfs , and to ensuring the common , uniform and consistent application of community legislation , issue guidelines and recommendations addressed to national supervisory authorities or financial institutions . the authority shall conduct open public consultations on guidelines and recommendations and analyse the potential related costs and benefits . the guidelines shall be published on the authority ' s website .


### the national supervisory authorities shall make every effort to comply with those guidelines and recommendations . ### the competent authorities shall make every effort to comply with those guidelines and recommendations .


### where the national supervisory authority does not apply those guidelines or recommendations it shall inform the authority of its reasons . ### where a competent authority does not apply those guidelines or recommendations it shall inform the authority of its reasons . the authority shall publish those reasons , giving the competent authority due notice in advance of its intention so to do .


### consistent application of community rules ### non - application of european union law


### where a national supervisory authority has not correctly applied the legislation referred to in article 1 , in particular by failing to ensure that a financial institution satisfies the requirements laid down in that legislation , the authority shall have the powers set out in paragraphs 2 , 3 and 6 of this article . ### where a competent authority has not applied the legislation referred to in article 1 , in particular by failing to ensure that a financial market participant satisfies the requirements laid down in that legislation , the authority shall have the powers set out in paragraphs 2 and 3 of this article .


### upon request from one or more national supervisory authorities , from the commission or on its own initiative and after having informed the national supervisory authority concerned , the authority may investigate the alleged incorrect application of community law . ### upon request from one or more competent authorities , from the commission , the european parliament or the council or on its own initiative and after having informed the competent authority concerned , the authority may investigate the alleged non - application of european union law .


### without prejudice to the powers laid down in article 20 , the national supervisory authority shall provide the authority with all information which the authority considers necessary for its investigation without delay . ### without prejudice to the powers laid down in article 20 , the competent authority shall provide the authority with all information which the authority considers necessary for its investigation without delay .


### the authority may , at the latest within two months from initiating its investigation , address to the national supervisory authority concerned a recommendation setting out the action necessary to comply with community law . ### the authority may , at the latest within two months from initiating its investigation , address to the competent authority concerned a recommendation setting out the action necessary to comply with european union law .


### the national supervisory authority shall , within ten working days of the receipt of the recommendation , inform the authority of the steps it has taken or intends to take to ensure compliance with community law . ### the competent authority shall , within ten working days of the receipt of the recommendation , inform the authority of the steps it has taken or intends to take to ensure compliance with european union law .


### where the national supervisory authority has not complied with community law within one month from receipt of the authority ' s recommendation , the commission may , after having been informed by the authority or on its own initiative , take a decision requiring the national supervisory authority to take the action necessary to comply with community law . ### where the competent authority has not complied with european union law within one month from receipt of the authority ' s recommendation , the commission may , after having been informed by the authority or on its own initiative , take a decision requiring the competent authority to take the action necessary to comply with european union law .


### the authority and the national supervisory authorities shall provide the commission with all necessary information . ### the authority and the competent authorities shall provide the commission with all necessary information .


### the national supervisory authority shall , within ten working days of receipt of the decision referred to in paragraph 4 , inform the commission and the authority of the steps it has taken or intends to take to implement the commission ' s decision . ### the competent authority shall , within ten working days of receipt of the decision referred to in paragraph 4 , inform the commission and the authority of the steps it has taken or intends to take to implement the commission ' s decision .


### settlement of disagreements between national supervisory authorities ### settlement of disagreements between competent authorities in cross - border situations


### without prejudice to the competences of the community institutions , the authority may develop contacts with supervisory authorities from third countries . it may enter into administrative arrangements with international organisations and the administrations of third countries . ### without prejudice to the competences of the european union institutions , the authority may develop contacts with supervisory authorities , international organisations and administrative bodies of third countries . these arrangements shall not create legal obligations on the part of the european union and its member states .


### at the request of the authority , national supervisory authorities and other public authorities of the member states shall provide the authority with all the necessary information to carry out the duties assigned to it by this regulation . ### at the request of the authority , competent authorities of the member states shall provide the authority with all the necessary information to carry out the duties assigned to it by this regulation , fully respecting the applicable confidentiality and data protection provisions laid down in the relevant european union legislation .


### the authority may also request information to be provided at recurring intervals . ### the authority may also request information to be provided at recurring intervals . any such request shall , where possible , use common reporting formats .


### the authority shall ensure that no decision adopted under articles 10 or 11 impinges in any way on the fiscal responsibilities of member states . ### the authority shall ensure that no decision adopted under article 10 or 11 impinges directly on the fiscal responsibilities of member states .


### where a member state considers that a decision taken under article 11 impinges on its fiscal responsibilities , it may notify the authority and the commission within one month after notification of the authority ' s decision to the national supervisory authority that the decision will not be implemented by the national supervisory authority . ### where a member state considers that a decision taken under article 11 impinges on its fiscal responsibilities , it may notify the authority , the commission and the council within three working days after notification of the authority ' s decision to the competent authority .


### within a period of one month from the notification by the member state , the authority shall inform the member state as to whether it maintains its decision or whether it amends or revokes it . ### within a period of one week from the notification by the member state , the authority shall inform the member state as to whether it maintains its decision or whether it amends or revokes it .


### where the authority maintains its decision , the council , acting by qualified majority as defined in article 205 of the treaty , shall , within two months , decide whether the authority ' s decision is maintained or revoked . ### where the authority maintains its decision , the council , acting by qualified majority as defined in article 238 of the treaty on the functioning of the european union , shall , within one month , decide whether the authority ' s decision is maintained or revoked .


### the board of appeal shall be composed of six members and six alternates , who shall be individuals with relevant knowledge and experience , excluding current staff of the national supervisory authorities or other national or community institutions involved in the activities of the authority . ### the board of appeal shall be composed of six members and six alternates , who shall be individuals of high repute with a proven record of relevant knowledge and professional , including supervisory , experience at a sufficiently high level in the fields of banking , insurance , securities markets or other financial services , excluding current staff of the competent authorities or other national or european union institutions involved in the activities of the authority .


### 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 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 without any kind of discrimination . the right of union citizens to free movement and residence is further enshrined in article 21 of the treaty .


### accordingly , the stockholm programme puts the citizen at the heart of european policies in the field of freedom , security and justice . it focuses its actions on ‘ building a citizen ' s europe’ , including by ensuring the full exercise of the citizens ' right to free movement . ### accordingly , the stockholm programme puts the citizen at the heart of european policies in the field of freedom , security and justice . it focuses its actions on ‘ building a citizen ' s europe’ , including by ensuring the full exercise of the citizens ' right to free movement and by safeguarding the existence of an area in which diversity is respected and the most vulnerable are protected .


### 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 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 these obstacles was the lack of guarantees on the ground . another obstacle 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 particular , union citizens considering whether to make use of their right to free movement should be informed about their rights to acquire or preserve social security rights by virtue of the union rules on coordination of social security systems ; these rules ensure that they will not lose out on their social security rights when choosing to move within europe . they should further be informed about their right to obtain recognition of their professional qualifications and about the social and civic competences which form part of the european framework of ‘ key competences for lifelong learning’ and which can equip them to fully participate in civic life and empower them to exercise their rights under union law . ### in particular , union citizens considering whether to make use of their right to free movement should be informed about their entitlement to be recruited under the same conditions , without any additional requirements , as nationals of the country in which they are seeking work ; they should also be informed about their rights to acquire or preserve social security rights by virtue of the union rules on coordination of social security systems ; these rules ensure that they will not lose out on their social security rights when choosing to move within europe . they should further be informed about their right to obtain recognition of their professional qualifications and about the social and civic competences which form part of the european framework of ‘ key competences for lifelong learning’ and which can equip them to fully participate in civic life and empower them to exercise their rights under union law .


### in this context , citizens should also be better informed of their rights as passengers travelling by any transport mode across the european union and of their consumer rights across borders . if they are confident that their rights as consumers are effectively protected , they will contribute more to the development of the european - wide market for goods and services to its full potential and better enjoy its benefits . in the same vein , citizens should be better informed about rules on general product safety and market surveillance , so as to be aware of how their health and their rights are protected throughout the eu , particularly when it comes to threats or risks that they cannot deal with as individuals . it would be further important to enhance citizens ' awareness of their rights to cross - border healthcare , so that they are able to fully benefit from safe and good quality healthcare across european borders . ### in this context , citizens should also be better informed of their rights as passengers travelling by any transport mode across the european union and of their consumer rights across borders . if they are confident that their rights as consumers have the highest level of protection , they will contribute more to the development of the european - wide market for goods and services to its full potential and better enjoy its benefits . in the same vein , citizens should be better informed about rules on general product safety and market surveillance , so as to be aware of how their health and their rights are protected throughout the eu , particularly when it comes to threats or risks that they cannot deal with as individuals . it would be further important to enhance citizens ' awareness of their rights to cross - border healthcare , so that they are able to fully benefit from safe and good quality healthcare across european borders .


### the year 2013 will be the 20th anniversary of the establishment of union citizenship by the treaty of maastricht , which entered into force on 1st november 1993 . the european year of citizens will be marked by the follow up to the eu citizenship report and of an action plan toward completing the removal of remaining obstacles standing in the way of citizens ' enjoyment of their rights as union citizens . this european year will give visibility to union citizenship and its concrete benefits for individuals , including by demonstrating the tangible impact of union policies in citizens ' lives , in particular in terms of removing obstacles to the enjoyment of their rights . ### the year 2013 will be the 20th anniversary of the establishment of union citizenship by the treaty of maastricht , which entered into force on 1st november 1993 . the european year of citizens will be marked by the follow up to the eu citizenship report and of an action plan toward completing the removal of remaining obstacles standing in the way of citizens ' enjoyment of their rights as union citizens . this european year will give visibility to union citizenship and its concrete benefits for individuals , including by demonstrating the tangible impact of union policies in citizens ' lives , in particular in terms of removing obstacles to the enjoyment of their rights . the achievement of the single market , as well as the active and correct implementation of union law in all areas involving the right to free movement , taking into account the social dimension and the effects on the labour market , are necessary for the enhancement of the mobility of union citizens . the right to mobility cannot exist without the complementary recognition of social rights , trade union rights and social protection .


### – conferences and events to promote debate and raise awareness of the importance and benefits of the right to free movement and residence and more generally citizens ' rights as union citizens ; ### – conferences and events to promote debate and raise awareness of the importance , the benefits and the obstacles to exercising the right to free movement and residence and more generally citizens ' rights as union citizens ;


### by 31 december 2014 , the commission shall submit a report to the european parliament , the council , the european economic and social committee and the committee of the regions on the implementation , results and overall assessment of the initiatives provided for in this decision . ### by 31 december 2014 , the commission shall submit a report to the european parliament , the council , the european economic and social committee and the committee of the regions on the implementation , results and overall assessment of the initiatives provided for in this decision , to serve as a basis for future union policies , measures and actions in this field . pursuant to the experience of the european year of citizens , the report shall also present ideas and proposals on how to better inform citizens of their rights , even after the end of european year 2013 .


### the eu is committed to supporting the smooth and gradual integration of developing countries into the world economy with a view to sustainable development . the main acp banana - exporting countries may face challenges in the context of changing trade arrangements , notably as a consequence of most favoured nation liberalisation in the framework of the wto . hence an acp banana accompanying measures programme should be added to the existing regulation no 1905 / 2006 of the european parliament and of the council of 18 december 2006 establishing a financing instrument for development cooperation6 . ### the eu is committed to supporting the smooth and gradual integration of developing countries into the world economy with a view to sustainable development . the main acp banana - exporting countries will face challenges in the context of changing trade arrangements , notably as a consequence of most favoured nation liberalisation in the framework of the wto and of the bilateral and regional agreements concluded , or in the process of being concluded , between the eu and latin american countries , which are the leading exporters of bananas . hence an acp banana accompanying measures programme should be added to the existing regulation no 1905 / 2006 of the european parliament and of the council of 18 december 2006 establishing a financing instrument for development cooperation6 .


### the financial assistance measures to be adopted under this programme should aim at supporting the adaptation and / or restructuring of areas dependent upon banana exports through sector - specific budget support or project - specific interventions . the measures should aim to provide for social resilience policies , economic diversification or investment to improve competitiveness , where this is a viable strategy , taking into account the results of and experiences gained through the special system of assistance to traditional acp suppliers of bananas7 and the special framework of assistance to traditional acp suppliers of bananas8 . ### the financial assistance measures to be adopted under this programme should aim at supporting the adaptation and / or restructuring of areas dependent upon banana exports through sector - specific budget support or project - specific interventions . the measures should aim to provide for social resilience policies , economic diversification , income support for growers or investment to improve competitiveness , where this is a viable strategy , taking into account the results of and experiences gained through the special system of assistance to traditional acp suppliers of bananas7 and the special framework of assistance to traditional acp suppliers of bananas8 .


### the financial assistance measures to be adopted under this programme should aim at supporting the adaptation and / or restructuring of areas dependent upon banana exports through sector - specific budget support or project - specific interventions . the measures should aim to provide for social resilience policies , economic diversification or investment to improve competitiveness , where this is a viable strategy , taking into account the results of and experiences gained through the special system of assistance to traditional acp suppliers of bananas7 and the special framework of assistance to traditional acp suppliers of bananas8 . ### the financial assistance measures to be adopted under this programme should aim at supporting the adaptation and reorganisation of areas dependent upon banana exports through sector - specific budget support or project - specific interventions . the measures should aim to provide for social resilience policies , economic diversification or investment to improve competitiveness , where this is a viable strategy , taking into account the results of and experiences gained through the special system of assistance to traditional acp suppliers of bananas7 and the special framework of assistance to traditional acp suppliers of bananas8 .


### the programme should accompany the adaptation process in acp countries which have exported significant volumes of bananas to the ec in recent years and which will be affected by liberalisation in the framework of the wto9 . the programme builds on the special framework of assistance for traditional acp suppliers of bananas . it is in conformity with the eu’s international obligations in the framework of the wto and has a clear restructuring and hence temporary nature , with a maximum duration of four years , ### the programme should accompany the adaptation process in acp countries which have exported significant volumes of bananas to the ec in recent years and which will be affected by liberalisation in the framework of the wto9 and by the bilateral and regional agreements concluded , or in the process of being concluded , between the eu and latin american countries , which are the leading exporters of bananas . the programme builds on the special framework of assistance for traditional acp suppliers of bananas . it is in conformity with the eu’s international obligations in the framework of the wto , focuses on restructuring and boosting competitiveness , and is consequently temporary in nature , with a duration of four years . depending on the situation of acp banana exporters at the end of the current programme , another programme may be launched in 2013 to continue addressing the impact of further cuts in customs duties ,


### acp banana supplying countries listed in annex iiia shall benefit from banana accompanying measures . union assistance to these countries shall aim at supporting their adjustment process following from liberalisation of the eu market for bananas in the framework of the world trade organisation . union assistance shall take into account the countries ' policies and adaptation strategies and shall pay specific attention to the following areas of cooperation : ### acp banana supplying countries listed in annex iiia shall benefit from banana accompanying measures . union assistance to these countries shall aim at supporting their adjustment process following from liberalisation of the eu market for bananas in the framework of the world trade organisation and the entry into force of bilateral and regional trade agreements concluded between the eu and latin american countries . union assistance shall take into account the countries ' policies and adaptation strategies , as well as their regional environment , and shall pay specific attention to the following areas of cooperation :


### promoting the economic diversification of banana - dependent areas ; ### promoting the economic diversification of banana - dependent areas , where such a strategy is viable ;


### within the amount referred to in annex iv , the commission shall fix the maximum amount available to each eligible acp banana - supplying country for financing the actions referred to in paragraph 1 on the basis of a set of objective indicators . the indicators shall include trade in bananas with the eu ; the importance of banana exports to the economy in the acp country concerned ; and country’s level of development . the measurement of the allocation criteria shall be based on data from years preceding 2009 . ### within the amount referred to in annex iv , the commission shall fix the maximum amount available to each eligible acp banana - supplying country for financing the actions referred to in paragraph 1 according to the needs of each country , placing particular emphasis on ‘ most favoured nation’ status within the wto , and on the basis of the following objective , weighted indicators : firstly , trade in bananas with the eu ; secondly , the importance of banana exports to the economy in the acp country concerned , along with the country’s level of development . the measurement of the allocation criteria shall be based on representative data preceding 2010 and covering a period not longer than five years .


### proposal for a regulation of the european parliament and of the council on entrusting the office for harmonisation in the internal market with certain tasks related to the protection of intellectual property rights , including the assembling of public and private sector representatives as a european observatory on counterfeiting and piracy . ### proposal for a regulation of the european parliament and of the council on entrusting the office for harmonisation in the internal market with tasks related to the enforcement of intellectual property rights , including the assembling of public and private sector representatives as a european observatory on infringements of intellectual property rights .


### the constant rise of infringements of intellectual property rights constitutes a genuine threat not only to the union economy , but also to the health and safety of union consumers . therefore , effective , immediate and coordinated actions at european and global levels are needed to successfully combat this phenomenon . ### the constant rise of infringements of intellectual property rights constitutes a genuine threat not only to the union economy , but also to the health and safety of union consumers . therefore , effective , immediate and coordinated actions at national , european and global levels are needed to successfully combat this phenomenon .


### in its resolution on the enforcement of intellectual property rights in the internal market of 1 march 2010 , the council invited the commission , the member states and industry to provide the observatory with available reliable and comparable data on counterfeiting and piracy and to jointly develop and agree , in the context of the observatory , on plans to collect further information . the council also invited the observatory to publish each year a comprehensive annual report covering the scope , scale and principal characteristics of counterfeiting and piracy as well as its impact on the internal market . that annual report should be prepared with the information provided by the authorities of the member states , the commission and the private sector , within the limits of data protection law , on the scope , scale and principal characteristics of counterfeiting and piracy as well as its impact on the internal market . ### in its resolution on the enforcement of intellectual property rights in the internal market of 1 march 2010 , the council invited the commission , the member states and industry to provide the observatory with available reliable and comparable data on counterfeiting and piracy and to jointly develop and agree , in the context of the observatory , on plans to collect further information . the council also invited the observatory to publish each year a comprehensive annual report covering the scope , scale and principal characteristics of counterfeiting and piracy as well as its impact on the internal market . that annual report should be prepared with the information provided by the authorities of the member states , the commission and the private sector , within the limits of data protection law , on the scope , scale and principal characteristics of counterfeiting and piracy as well as its impact on the internal market . the council also recognised the importance of developing new competitive business models expanding the legal offer of cultural and creative content and at the same time preventing and combating infringements of intellectual property rights as necessary means for fostering economic growth , employment and cultural diversity .


### those tasks should relate to all intellectual property rights covered by union law or the national law of the member state concerned in this field since in many cases , infringing acts affect a bundle of intellectual property rights . furthermore , data and the exchange of best practices are needed on the entire range of intellectual property rights , in order to obtain a complete picture of the situation and allow designing comprehensive strategies to reduce intellectual property rights infringements . in the context of those tasks , the office ' s mandate should therefore be extended to cover also the protection of patents , copyright and related rights as well as geographical indications . ### those tasks should relate to all intellectual property rights covered by directive 2004 / 48 / ec , since in many cases , infringing acts affect a bundle of intellectual property rights . furthermore , data and the exchange of best practices are needed on the entire above - mentioned range of intellectual property rights , in order to obtain a complete picture of the situation and allow designing comprehensive strategies to reduce intellectual property rights infringements .


### the office should offer a forum that brings together public authorities and the private sector , ensuring the collection , analysis and dissemination of relevant objective , comparable and reliable data regarding the value of intellectual property rights and the infringements of those rights , the development of best practices and strategies to protect intellectual property rights , and raising public awareness of the impacts of intellectual property rights infringements . furthermore , the office should fulfil additional tasks , such as to improve the understanding of the value of intellectual property rights , enhance the expertise of persons involved in the enforcement of intellectual property rights by appropriate training measures , increase knowledge on techniques to prevent counterfeiting , and improve cooperation with third countries and international organisations . ### the office should offer a forum that brings together public authorities and the private sector , ensuring the collection , analysis and dissemination of relevant objective , comparable and reliable data regarding the value of intellectual property rights and the infringements of those rights , identifying and promoting best practices and strategies to enforce intellectual property rights , and raising public awareness of the impacts of intellectual property rights infringements . furthermore , the office should fulfil additional tasks , such as to improve the understanding of the value of intellectual property rights , exchange of information on new competitive business models expanding the legal offer of cultural and creative content , enhance the expertise of persons involved in the enforcement of intellectual property rights by appropriate training measures , increase knowledge on techniques to prevent counterfeiting , and improve cooperation with third countries and international organisations .


### the office should implement the tasks and activities related to the protection of intellectual property rights by making use of its own budgetary means . ### the office should implement the tasks and activities related to the enforcement of intellectual property rights by making use of its own budgetary means .


### article 1 subject matter this regulation entrusts the office for harmonization in the internal market with certain tasks related to the protection of intellectual property rights . in carrying out these tasks the office shall regularly invite experts , authorities and stakeholders which will assemble under the name ' european observatory on counterfeiting and piracy ' . ### article 1 subject matter and scope this regulation entrusts the office for harmonization in the internal market with tasks related to the enforcement of intellectual property rights covered by directive 2004 / 48 / ec . in carrying out these tasks the office shall regularly invite experts , authorities and stakeholders which will assemble under the name ' european observatory on infringements of intellectual property rights ' . the office’s tasks and activities under this regulation shall not extend to participation in individual operations or investigations carried out by the competent authorities .


### improving the online exchange , between member states ' authorities involved in the protection of intellectual property rights , of information related to the protection of intellectual property rights , and fostering cooperation with and between the central industrial property offices of the member states , including the benelux office for intellectual property ; ### providing mechanisms which help to improve the online exchange , between member states ' authorities working in the field of intellectual property rights , of information related to the enforcement of such rights , and fostering cooperation with and between these authorities , in particular the central industrial property offices of the member states , including the benelux office for intellectual property ;


### fostering international cooperation with intellectual property offices in third countries to build strategies and developing techniques for the protection of intellectual property rights , skills and tools . ### fostering international cooperation with intellectual property offices in third countries to build strategies and developing techniques for the enforcement of intellectual property rights , skills and tools .


### in the fulfilment of the tasks set out in paragraph 1 , the office shall carry out the following activities : ### in the fulfilment of the tasks set out in paragraph 1 , the office shall carry out the following activities in accordance with the work program adopted pursuant to article 7 :


### providing regular assessments and specific reports by economic sector , geographic area and type of intellectual property right infringed , which evaluate , inter alia , the impact of intellectual property rights infringements on society , economy , health , environment , safety and security , and the relation of such infringements with organized crime and terrorism ; ### providing regular assessments and specific reports by economic sector , geographic area and type of intellectual property right infringed , which evaluate , inter alia , the impact of intellectual property rights infringements on society , economy , health , environment , safety and security , and – in cooperation with appropriate european , national and international authorities – the relation of such infringements with organized crime and terrorism ;


### working with national authorities to develop an on - line network to exchange information related to the protection of intellectual property rights , including real - time alerts and information on infringements of intellectual property rights between administrations , bodies and organisations in the member states dealing with the protection of intellectual property rights ; ### working with national authorities and the commission to develop an on - line network to facilitate the exchange of information between public administrations , bodies and organisations in the member states dealing with the protection and enforcement of intellectual property rights , related to infringements of such rights ;


### building strategies in cooperation with the central industrial property offices of the member states , including the benelux office for intellectual property , and developing techniques , skills and tools related to the protection of intellectual property rights , including training programmes and awareness campaigns ; ### building strategies in cooperation with the central industrial property offices of the member states , including the benelux office for intellectual property , and developing techniques , skills and tools related to the enforcement of intellectual property rights , including training programmes and awareness campaigns ;


### developing programmes on technical assistance for third countries as well as developing and delivering specific training programmes and events for officials from third countries involved in the protection of intellectual property rights ; ### developing programmes on technical assistance for third countries as well as developing and delivering specific training programmes and events for officials from third countries involved in the enforcement of intellectual property rights ;


### the office shall invite to the meetings referred to in point of article 2 representatives from public administrations , bodies and organisations dealing with the protection of intellectual property rights and representatives from the private sector . ### pursuant to article 1 and with the purpose of participating in the office ' s work in carrying out the activities referred to in article 2 , the office shall invite to meetings of the observatory , at least once a year , representatives from public administrations , bodies and organisations in the member states dealing with intellectual property rights and representatives from the&#160 ; private sector .


### the meetings referred to in point of article 2 may also be organised in working groups within the observatory . up to two representatives from the european parliament and up to two representatives from the commission shall be invited to the meetings of the working groups as observers . ### the meetings referred to in paragraph 1 shall be complemented by working groups within the observatory made up of representatives from member states and representatives from private sector .


### without prejudice to law governing the processing of personal data , member states and private sector representatives meeting as the observatory shall : inform the office of their policies and strategies on the protection of intellectual property rights and any changes thereto ; provide statistical data on infringements of intellectual property rights ; inform the office of any relevant case law . ### without prejudice to the law governing the processing of personal data , member states shall , at the request of the office : inform the office of their overall policies and strategies on the enforcement of intellectual property rights and any changes thereto ; provide available statistical data on infringements of intellectual property rights ; inform the office of relevant case law .


### content of the management report ### content of the work programme and of the management report


### an overall assessment of the fulfilment of the office ' s tasks as provided for in this regulation ; ### an overall assessment of the fulfilment of the office ' s tasks as provided for in this regulation and in the work programme drawn up in accordance with paragraph - 1a ;


### the evaluation report shall assess the performance of the office in the operation of this regulation , in particular as regards its impact on the protection of intellectual property rights in the internal market . ### the evaluation report shall assess the operation of this regulation , in particular as regards its impact on the enforcement of intellectual property rights in the internal market .


### the commission shall , when preparing the evaluation report , consult the representatives meeting as the observatory on the issues set out in paragraph 2 . ### the commission shall , when preparing the evaluation report , consult the office , the member states and the representatives meeting as the observatory on the issues set out in paragraph 2 .


### the commission shall transmit the evaluation report to the european parliament and the council and undertake a broad consultation among stakeholders on the evaluation report . ### the commission shall transmit the evaluation report to the european parliament , the council and the european economic and social committee and undertake a broad consultation among stakeholders on the evaluation report .


### equipment which intentionally transmits radio waves in order to serve its purpose makes systematic use of radio spectrum . in order to ensure an efficient use of spectrum so as to avoid harmful interference , all such equipment should fall within the scope of this directive , whether equipment is capable of communication or not . ### equipment which intentionally emits or receives radio waves in order to serve its purpose makes systematic use of radio spectrum . despite the fact that some products intentionally use magnetic or electric fields to serve their purpose , there is no communication from the transmitter and consequently such fields do not propagate as radio waves . such equipment has very limited potential for localised interference and should therefore be excluded from the scope of this directive .


### although receivers do not themselves cause harmful interference , reception capabilities are an increasingly important factor in ensuring the efficient use of radio spectrum by way of an increased resilience of receivers against interference and unwanted signals on the basis of the essential requirements of directive 2004 / 108 / ec . ### although receivers do not themselves cause harmful interference , reception capabilities are an increasingly important factor in ensuring the efficient use of radio spectrum by way of an increased resilience of receivers against interference and unwanted signals on the basis of the relevant essential requirements .


### this directive should be limited to the expression of essential requirements . in order to facilitate conformity assessment with those requirements it is necessary to provide for presumption of conformity for radio equipment which is in conformity with harmonised standards that are adopted in accordance with regulation no [ . . / . . ] [ on european standardisation ] for the purpose of expressing detailed technical specifications of those requirements . ### this directive should be limited to the expression of essential requirements . in order to facilitate conformity assessment with those requirements it is necessary to provide for presumption of conformity for radio equipment which is in conformity with harmonised standards that are adopted in accordance with regulation no 1025 / 2012 of the european parliament and of the council of 25 october 2012 on european standardisation1 for the purpose of expressing detailed technical specifications of those requirements . _____________ 1 oj l 316 , 14 . 11 . 2012 , p . 12


### regulation no [ . . / . . ] [ on european standardisation ] provides for a procedure for objections to harmonised standards where those standards do not entirely satisfy requirements of this directive . ### regulation no 1025 / 2012 provides for a procedure for objections to harmonised standards where those standards do not entirely satisfy the requirements of this directive .


### directive 1999 / 5 / ec already provides for a safeguard procedure which applies only in the event of disagreement between member states over measures taken by a member state . in order to increase transparency and to reduce processing time , it is necessary to improve the existing safeguard clause procedure , with a view to making it more efficient and drawing on the expertise available in member states . ### directive 1999 / 5 / ec already provides for a safeguard procedure which applies only in the event of disagreement between member states over measures taken by a member state . in order to increase transparency and to reduce processing time , it is necessary to improve the existing safeguard procedure , with a view to making it more efficient and drawing on the expertise available in member states .


### the member states should lay down rules on penalties applicable to infringements of the national provisions adopted pursuant to this directive and ensure that they are implemented . those penalties should be effective , proportionate and dissuasive . ### the member states should lay down rules on penalties applicable to infringements of the national provisions adopted pursuant to this directive and ensure that those rules are enforced . those penalties should be effective , proportionate and dissuasive .


### radio equipment falling within the scope of this directive shall not be subject to directive 2006 / 95 / ec , except as set out in article 3 of this directive . ### radio equipment falling within the scope of this directive shall not be subject to directive 2004 / 108 / ec and directive 2006 / 95 / ec , except as set out in points and of article 3 of this directive .


### ' radio equipment ' means a product which intentionally emits radio waves in order to serve its purpose , or a product which must be completed with an accessory , such as antenna , so as to emit radio waves in order to serve its purpose ; ### ' radio equipment ' means a product which intentionally emits or receives radio waves in order to serve its purpose , or a product which must be completed with an accessory , such as antenna , so as to emit or receives radio waves in order to serve its purpose ;


### ' radio equipment ' means a product which intentionally emits radio waves in order to serve its purpose , or a product which must be completed with an accessory , such as antenna , so as to emit radio waves in order to serve its purpose ; ### ' radio equipment ' means a product which intentionally emits or receives radio waves for communication , or a product which must be completed with an accessory , such as antenna , so as to emit or receive radio waves for communication ;


### ‘ harmful interference’ means harmful interference as defined in directive 2002 / 21 / ec of the european parliament and of the council ; ### ‘ harmful interference’ means harmful interference as defined in point of article 2 of directive 2002 / 21 / ec of the european parliament and of the council ;


### ‘ harmonised standard’ means harmonised standard as defined in article 2 of regulation no [ . . / . . ] [ on european standardisation ] ; ### ‘ harmonised standard’ means harmonised standard as defined in point of point 1 of article 2 of regulation no 1025 / 2012 ;


### ‘ accreditation’ means accreditation as defined in regulation no 765 / 2008 ; ### ‘ accreditation’ means accreditation as defined in point 10 of article 2 of regulation no 765 / 2008 ;


### ‘ national accreditation body’ means national accreditation body as defined in regulation no 765 / 2008 ; ### ‘ national accreditation body’ means national accreditation body as defined in point 11 of article 2 of regulation no 765 / 2008 ;


### ‘ conformity assessment’ means the process demonstrating whether the essential requirements relating to radio equipment have been fulfilled ; ### ‘ conformity assessment’ means the process demonstrating whether the essential requirements of this directive relating to radio equipment have been fulfilled ;


### ‘ recall’ means any measure aimed at achieving the return of radio equipment that has already been made available to the user ; ### ‘ recall’ means any measure aimed at achieving the return of radio equipment that has already been made available to the end - user ;


### the protection of electromagnetic compatibility as set out in directive 2004 / 108 / ec , including in particular levels of immunity which lead to improvements in the efficient use of shared or adjacent frequency bands . ### the protection of electromagnetic compatibility as set out in directive 2004 / 108 / ec , including in particular levels of immunity permitting the efficient use as intended of shared or adjacent frequency bands at all times .


### the commission shall be empowered to adopt delegated acts in accordance with article 45 specifying which categories or classes of radio equipment are concerned by the requirement in the paragraph 1 , the required information and the operational rules for making the information on compliance available . ### the commission shall be empowered to adopt delegated acts in accordance with article 45 specifying which categories or classes of radio equipment are concerned by the requirement in the paragraph 1 , the required information on compliance and the operational rules for making the information on compliance available .


### placing on the market ### making available on the market


### member states shall allow the putting into service and use of radio equipment for its intended purpose where it complies with this directive . without prejudice to their obligations under decision no 676 / 2002 / ec , and to the conditions attached to authorisations for the use of frequencies in conformity with union law , in particular under articles 9 and 9 of directive 2002 / 21 / ec , member states may only introduce additional requirements for the putting into service and / or use of radio equipment for reasons related to the efficient use of the radio spectrum , avoidance of harmful interference or matters relating to public health . ### member states shall allow the putting into service and use of radio equipment for its intended purpose where it complies with this directive . without prejudice to their obligations under decision no 676 / 2002 / ec , and to the conditions attached to authorisations for the use of frequencies in conformity with union law , in particular under articles 9 and 9 of directive 2002 / 21 / ec , member states may only introduce additional requirements for the putting into service and / or use of radio equipment for reasons related to the efficient use of the radio spectrum , avoidance of harmful or electromagnetic interference or matters relating to public health .


### member states shall not prohibit , restrict or impede , for reasons relating to those aspects covered by this directive , the placing on the market in their territory of radio equipment complying with this directive . ### member states shall not prohibit , restrict or impede , the making available on the market in their territory of radio equipment complying with the requirements set out in this directive .


### at trade fairs , exhibitions , demonstrations and similar events , member states shall not create any obstacles to the display of radio equipment which does not comply with this directive , provided that a visible sign clearly indicates that such radio equipment may not be marketed or used until it has been made to comply . ### at trade fairs , exhibitions , demonstrations and similar events , member states shall not create any obstacles to the display and demonstration of radio equipment which does not comply with the requirements set out in this directive , provided that a visible sign clearly indicates that such radio equipment may not be made available on the market , put into service or used until it has been made to comply with this directive . such display and demonstration may only take place provided that adequate measures to avoid electromagnetic disturbances and harmful interference with regard to the radio spectrum .


### manufacturers shall ensure that procedures are in place for series production to remain in conformity . changes in radio equipment design or characteristics and changes in the harmonised standards or in technical specifications by reference to which conformity of apparatus is declared shall be adequately taken into account . ### manufacturers shall ensure that procedures are in place for series production to remain in conformity with this directive . changes in radio equipment design or characteristics and changes in the harmonised standards or in other technical specifications by reference to which conformity of radio equipment is declared shall be adequately taken into account .


### when deemed appropriate with regard to the risks presented by radio equipment , manufacturers shall carry out sample testing of radio equipment made available on the market , investigate , and , if necessary , keep a register of complaints , of non - conforming radio equipment and radio equipment recalls , and shall keep distributors informed of any such monitoring . ### when deemed appropriate with regard to the risks presented by radio equipment , manufacturers shall , to protect the health and safety of consumers , upon a duly justified request of the competent authorities , carry out sample testing of radio equipment made available on the market , investigate , and , if necessary , keep a register of complaints , of non - conforming radio equipment and radio equipment recalls , and shall keep distributors informed of any such monitoring .


### when deemed appropriate with regard to the risks presented by radio equipment , importers shall , to protect the health and safety of consumers , carry out sample testing of radio equipment made available on the market , investigate , and , if necessary , keep a register of complaints , of non - conforming radio equipment and radio equipment recalls , and shall keep distributors informed of such monitoring . ### when deemed appropriate with regard to the risks presented by radio equipment , importers shall , to protect the health and safety of consumers , upon a duly justified request of the competent authorities carry out sample testing of radio equipment made available on the market , investigate , and , if necessary , keep a register of complaints , of non - conforming radio equipment and radio equipment recalls , and shall keep distributors informed of any such monitoring .


### manufacturers shall indicate their name , registered trade name or registered trade mark and the address at which they can be contacted on radio equipment or , where the size or nature of radio equipment does not allow it , on its packaging , or in a document accompanying radio equipment . the address must indicate a single point at which the manufacturer can be contacted . ### manufacturers shall indicate on radio equipment their name , registered trade name or registered trade mark and the postal address at which they can be contacted or , where that is not possible , on its packaging , or in a document accompanying radio equipment . the address shall indicate a single point at which the manufacturer can be contacted . the contact details shall be in the language easily understood by end - users and market surveillance authorities .


### manufacturers shall ensure that radio equipment is accompanied by instructions and safety information in a language which can be easily understood by consumers and other users , as determined by the member state concerned . instructions shall include the information required to use radio equipment in accordance with its intended use . such information shall include , where applicable , a description of accessories and / or components , including software , which allow the radio equipment to operate as intended . ### manufacturers shall ensure that radio equipment is accompanied by instructions and safety information in a language which can be easily understood by consumers and other end - users , as determined by the member state concerned . instructions shall include the information required to use radio equipment in accordance with its intended use . such information shall include , where applicable , a description of accessories and / or components , including software , which allow the radio equipment to operate as intended .


### manufacturers who consider or have reason to believe that radio equipment which they have placed on the market is not in conformity with this directive shall immediately take the necessary corrective measures to bring that radio equipment into conformity , to withdraw it or recall it , if appropriate . furthermore , where radio equipment presents a risk , manufacturers shall immediately inform the competent national authorities of the member states in which they made radio equipment available to that effect , giving details , in particular , of the non - compliance and of any corrective measures taken . ### manufacturers who consider or have reason to believe that radio equipment which they have placed on the market is not in conformity with this directive shall immediately take the corrective measures necessary to bring that radio equipment into conformity , to withdraw it or recall it , if appropriate . furthermore , where radio equipment presents a risk , manufacturers shall immediately inform the competent national authorities of the member states in which they made radio equipment available on the market to that effect , giving details , in particular , of the non - compliance and of any corrective measures taken .


### importers who consider or have reason to believe that radio equipment which they have placed on the market is not in conformity with this directive shall immediately take the corrective measures necessary to bring that radio equipment into conformity , to withdraw it or recall it , if appropriate . furthermore , where the radio equipment presents a risk , importers shall immediately inform the competent national authorities of the member states in which they made the radio equipment available to that effect , giving details , in particular , of the non - compliance and of any corrective measures taken . ### importers who consider or have reason to believe that radio equipment which they have placed on the market is not in conformity with this directive shall immediately take the corrective measures necessary to bring that radio equipment into conformity , to withdraw it or recall it , if appropriate . furthermore , where the radio equipment presents a risk , importers shall immediately inform the competent national authorities of the member states in which they made the radio equipment available on the market to that effect , giving details , in particular , of the non - compliance and of any corrective measures taken .


### distributors who consider or have reason to believe that radio equipment which they have made available on the market is not in conformity with this directive shall make sure that the corrective measures necessary to bring that radio equipment into conformity , to withdraw it or recall it , if appropriate , are taken . furthermore , where radio equipment presents a risk , distributors shall immediately inform the competent national authorities of the member states in which they made the radio equipment available to that effect , giving details , in particular , of the non - compliance and of any corrective measures taken . ### distributors who consider or have reason to believe that radio equipment which they have made available on the market is not in conformity with this directive shall make sure that the corrective measures necessary to bring that radio equipment into conformity , to withdraw it or recall it , if appropriate , are taken . furthermore , where radio equipment presents a risk , distributors shall immediately inform the competent national authorities of the member states in which they made the radio equipment available on the market to that effect , giving details , in particular , of the non - compliance and of any corrective measures taken .


### manufacturers shall , further to a reasoned request from a competent national authority , provide it without delay with all the information and documentation necessary to demonstrate the conformity of radio equipment , in a language which can be easily understood by that authority . they shall cooperate with that authority , at its request , on any action taken to eliminate the risks posed by radio equipment which they have placed on the market . ### manufacturers shall , further to a reasoned request from a competent national authority , provide it without delay with all the information and documentation in paper or electronic form necessary to demonstrate the conformity of radio equipment with this directive , in a language which can be easily understood by that authority . they shall cooperate with that authority , at its request , on any action taken to eliminate the risks posed by radio equipment which they have placed on the market .


### importers shall , further to a reasoned request from a competent national authority , provide it without delay with all the information and documentation necessary to demonstrate the conformity of radio equipment in a language which can be easily understood by that authority . they shall cooperate with that authority , at its request , on any action taken to eliminate the risks posed by the radio equipment which they have placed on the market . ### importers shall , further to a reasoned request from a competent national authority , provide it without delay with all the information and documentation in paper or electronic form necessary to demonstrate the conformity of radio equipment with this directive , in a language which can be easily understood by that authority . they shall cooperate with that authority , at its request , on any action taken to eliminate the risks posed by the radio equipment which they have placed on the market .


### distributors shall , further to a reasoned request from a competent national authority , provide it without delay with all the information and documentation necessary to demonstrate the conformity of radio equipment . they shall cooperate with that authority , at its request , on any action taken to eliminate the risks posed by radio equipment which they have made available on the market . ### distributors shall , further to a reasoned request from a competent national authority , provide it without delay with all the information and documentation in paper or electronic form necessary to demonstrate the conformity of radio equipment with this directive , in a language which can be easily understood by that authority . they shall cooperate with that authority , at its request , on any action taken to eliminate the risks posed by radio equipment which they have made available on the market .


### importers shall indicate their name , registered trade name or registered trade mark and the address at which they can be contacted on the radio equipment or , where that is not possible , on its packaging or in a document accompanying the radio equipment . this includes cases where the size of radio equipment does not allow it , or where importers would have to open the packaging in order to indicate their name and address on radio equipment . ### importers shall indicate on the radio equipment their name , registered trade name or registered trade mark and the postal address at which they can be contacted or , where that is not possible , on its packaging or in a document accompanying the radio equipment . the contact details shall be in the language easily understood by end - users and market surveillance authorities .