### the esrb shall be responsible for the macro - prudential oversight of the financial system within the community in order to prevent or mitigate systemic risks within the financial system , so as to avoid episodes of widespread financial distress , contribute to a smooth functioning of the internal market and ensure a sustainable contribution of the financial sector to economic growth . ### the esrb shall be responsible for the macro - prudential oversight of the financial system within the community in order to prevent or mitigate systemic risks within the financial system , so as to avoid periods of widespread financial distress and to ensure a sustainable contribution of the financial sector to economic growth , thereby contributing to achieving the objectives of the union pursuant to article 3 of the treaty on european union .


### the chairperson of the european securities and markets authority ; ### the chairperson of the european supervisory authority ;


### the esrb may request information from the european supervisory authorities in summary or collective form , such that individual financial institutions cannot be identified . if the requested data are not available to those authorities or are not made available in a timely manner , the esrb may request the data from national supervisory authorities , national central banks or other authorities of member states . ### on request by the esrb , the european supervisory authorities shall provide information in summary or collective form , such that individual financial institutions cannot be identified . if the requested data are not available to those authorities or are not made available in a timely manner , and in any event within 60 days of the request , national supervisory authorities , national central banks or other authorities of member states shall provide the data pursuant to a request by the esrb .


### the esrb may request information from the european supervisory authorities in summary or collective form , such that individual financial institutions cannot be identified . if the requested data are not available to those authorities or are not made available in a timely manner , the esrb may request the data from national supervisory authorities , national central banks or other authorities of member states . ### on the request of the esrb , the european supervisory authorities shall provide information in summary or collective form . if the requested data are not available to those authorities or are not made available in a timely manner , national supervisory authorities , national central banks or other authorities of member states shall provide the appropriate data pursuant to a request by the esrb .


### one representative per member state of the competent national supervisory authority ; ### one expert with acknowledged competences and guaranteed independence nominated by each of the european trade union confederation , business europe and the european consumers’ organisation ;


### if the esrb decides that its recommendation has not been followed and that the addressees have failed to explain their inaction appropriately , it shall inform the council and , where relevant , the european supervisory authorities concerned . ### if the esrb decides that its recommendation has not been followed or it is not satisfied on how the addressees have followed up the recommendations , and that the addressees have failed to provide adequate justifications , it shall inform the european parliament , the council and , where relevant , the european supervisory authorities concerned .


### the advisory technical committee shall be composed of the following : ### the advisory scientific committee shall be composed of the following :


### where a recommendation referred to in letter of article 3 is addressed to one or more member states , one or more european supervisory authorities , or one or more national supervisory authorities , the addressees shall communicate the actions undertaken in response to the recommendations to the esrb or explain why they have not acted . the council and , where relevant , the european supervisory authorities shall be informed . ### where a recommendation referred to in point of article 3 is addressed to one or more member states , one or more european supervisory authorities , or one or more national supervisory authorities , the addressees shall communicate the actions undertaken in response to the recommendations to the esrb or explain why they have not acted . the european parliament , the council and , where relevant , the european supervisory authorities shall be informed .


### each member of the general board with a voting right shall have one vote . ### the general board shall strive for consensus . where consensus cannot be achieved each member of the general board with a voting right shall have one vote . any member of the board may , at any time , request a vote on a draft warning or a draft recommendation .


### where the general board of the esrb decides not to make a warning or a recommendation public , the addressee and where appropriate , the council and the european supervisory authorities , shall take all the measures necessary for the protection of their confidential nature . the president of the council may decide not to circulate a warning or recommendation to the other members of the council . ### where the general board of the esrb decides not to make a warning or a recommendation public , the addressee and , where appropriate , the european parliament , the council and the european supervisory authorities shall take all the measures necessary for the protection of its confidential nature . the president of the council may decide not to circulate a warning or recommendation to the other members of the council . the chairperson of the authority and the chairperson of the responsible committee of the european parliament may decide not to circulate a warning or a recommendation to the other members of their organisation .


### if the esrb decides that its recommendation has not been followed and that the addressees have failed to explain their inaction appropriately , it shall inform the council and , where relevant , the european supervisory authorities concerned . ### if the esrb decides that its recommendation has not been followed and that the addressees have failed to explain their inaction appropriately , it shall inform the european parliament , the council , the commission and , where relevant , the european supervisory authorities concerned .


### where the general board of the esrb decides not to make a warning or a recommendation public , the addressee and where appropriate , the council and the european supervisory authorities , shall take all the measures necessary for the protection of their confidential nature . the president of the council may decide not to circulate a warning or recommendation to the other members of the council . ### where the general board of the esrb decides not to make a warning or a recommendation public , the addressee and , where appropriate , the european parliament , the council , and the european supervisory authorities as well as the national supervisory authorities shall take all the measures necessary for the protection of its confidential nature . the president of the council may decide not to circulate a warning or recommendation to the other members of the council .


### in performing its tasks , the esrb shall seek , where appropriate , the advice of relevant private sector stakeholders . ### in performing its tasks , the esrb shall seek , where appropriate , the advice of relevant private or public sector stakeholders , particularly but not exclusively , the stakeholder groups of the esas .


### the esrb may request information from the european supervisory authorities in summary or collective form , such that individual financial institutions cannot be identified . if the requested data are not available to those authorities or are not made available in a timely manner , the esrb may request the data from national supervisory authorities , national central banks or other authorities of member states . ### on request by the esrb , the european supervisory authorities shall provide information in summary or collective form , such that individual financial institutions cannot be identified . if the requested data are not available to those authorities or are not made available in a timely manner , national supervisory authorities , national central banks or other authorities of member states shall provide the data pursuant to a request by the esrb .


### the warnings or recommendations shall also be transmitted to the council and , where addressed to one or more national supervisory authority , to the european supervisory authorities . ### the warnings or recommendations shall also be transmitted to the addressees in accordance with paragraph 2 , to the council and , where addressed to one or more national supervisory authority , to the european supervisory authorities .


### when significant risks to the achievement of the objective in article 3 are identified , the esrb shall provide warnings and , where appropriate , issue recommendations for remedial action . ### when significant risks to the achievement of the objective in article 3 are identified , the esrb shall provide warnings and , where appropriate , issue recommendations for remedial action , including , where appropriate , for legislative initiatives .


### when leaving the customs territory of the union through a point of crossing of the external border of the member state of their residence , for the temporary export of one or more firearms during a journey to a third country , hunters and sport shooters may produce the european firearms pass pursuant to articles 1 and 12 of directive 91 / 477 / eec , a national firearms licence , a national hunting permit , or other valid national document issued by the competent authority of the member state of their residence . ### when leaving or re - entering the customs territory of the union through a point of crossing of the external border of the member state of their residence , for the temporary export of one or more firearms , their essential parts or ammunition during a journey to a third country , hunters and sport shooters may produce the european firearms pass pursuant to articles 1 and 12 of directive 91 / 477 / eec , a national firearms licence , a national hunting permit , or other valid national document issued by the competent authority of the member state of their residence .


### member states may request the importing third country to confirm receipt of the dispatched shipment of firearms , their parts and essential components or ammunition . ### member states shall request the importing third country to confirm receipt of the dispatched shipment of firearms , their parts and essential components or ammunition .


### the simplified procedures set out in paragraphs 2 , 3 and 4 shall apply for the temporary export of firearms for verifiable lawful purposes , which include hunting , sport shooting , evaluation , exhibitions and repair . ### the simplified procedures set out in paragraphs 2 , 3 and 4 shall apply for the temporary export of firearms , their essential parts or ammunition for verifiable lawful purposes , which include hunting , sport shooting , evaluation , exhibitions and repair .


### the delegation of power referred to in article 6 , article 8 , article 9 , article 12 , article 14 , article 15 , article 17 , article 20 , article 22 , article 23 , article 26 , article 28 , article 30 , article 31 , article 32 , article 336 ) , article 34 , article 35 , article 37 , article 39 , article 43 , article 44 , article 79 , article 81 , article 82 and article 83 shall be conferred on the commission for an indeterminate period of time from the date of entry into force of this regulation . ### the delegation of power referred to in article 8 , article 9 , article 12 , article 20 , article 23 , article 30 , article 33 , article 34 , article 39 , article 43 , article 44 , article 79 and article 82 shall be conferred on the commission for an indeterminate period of time from the date of entry into force of this regulation .


### processing is necessary for the purposes of the legitimate interests pursued by a controller , except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data , in particular where the data subject is a child . this shall not apply to processing carried out by public authorities in the performance of their tasks . ### processing is necessary for the purposes of the legitimate interests pursued by a controller or by the third party or parties to whom the data are disclosed , except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data , in particular where the data subject is a child . this shall not apply to processing carried out by public authorities in the performance of their tasks .


### when the personal data breach is likely to adversely affect the protection of the personal data or privacy of the data subject , the controller shall , after the notification referred to in article 31 , communicate the personal data breach to the data subject without undue delay . ### when the personal data breach is likely to adversely affect the protection of the personal data or privacy of the data subject , inter alia by identity theft or fraud , physical harm , significant humiliation or damage to reputation , the controller shall , after the notification referred to in article 31 , communicate the personal data breach to the data subject in a clear and concise manner without undue delay and within 72 hours .


### adequate , relevant , and limited to the minimum necessary in relation to the purposes for which they are processed ; they shall only be processed if , and as long as , the purposes could not be fulfilled by processing information that does not involve personal data ; ### adequate , relevant , and not excessive in relation to the purposes for which they are processed ;


### a delegated act adopted pursuant to article 6 , article 8 , article 9 , article 12 , article 14 , article 15 , article 17 , article 20 , article 22 , article 23 , article 26 , article 28 , article 30 , article 31 , article 32 , article 33 , article 34 , article 35 , article 37 , article 39 , article 43 , article 44 , article 79 , article 81 , article 82 and article 83 shall enter into force only if no objection has been expressed either by the european parliament or the council within a period of two months of notification of that act to the european parliament and the council or if , before the expiry of that period , the european parliament and the council have both informed the commission that they will not object . that period shall be extended by two months at the initiative of the european parliament or the council . ### a delegated act adopted pursuant to article 8 , article 9 , article 12 , article 20 , article 23 , article 30 , article 33 , article 34 , article 39 , article 43 , article 44 , article 79 , and article 82 shall enter into force only if no objection has been expressed either by the european parliament or the council within a period of two months of notification of that act to the european parliament and the council or if , before the expiry of that period , the european parliament and the council have both informed the commission that they will not object . that period shall be extended by two months at the initiative of the european parliament or the council .


### the principles of fair and transparent processing require that the data subject should be informed in particular of the existence of the processing operation and its purposes , how long the data will be stored , on the existence of the right of access , rectification or erasure and on the right to lodge a complaint . where the data are collected from the data subject , the data subject should also be informed whether they are obliged to provide the data and of the consequences , in cases they do not provide such data . ### the principles of fair and transparent processing require that the data subject should be informed in particular of the existence of the processing operation and its purposes , the criteria and / or legal obligations which may be used as the basis for determining how long the data will be stored , on the existence of the right of access , rectification or erasure and on the right to lodge a complaint . where the data are collected from the data subject , the data subject should also be informed whether they are obliged to provide the data and of the consequences , in cases they do not provide such data .


### the delegation of power referred to in article 6 , article 8 , article 9 , article 12 , article 14 , article 15 , article 17 , article 20 , article 22 , article 23 , article 26 , article 28 , article 30 , article 31 , article 32 , article 33 , article 34 , article 35 , article 37 , article 39 , article 43 , article 44 , article 79 , article 81 , article 82 and article 83 may be revoked at any time by the european parliament or by the council . a decision of revocation shall put an end to the delegation of power specified in that decision . it shall take effect the day following the publication of the decision in the official journal of the european union or at a later date specified therein . it shall not affect the validity of any delegated acts already in force . ### the delegation of power referred to in article 8 , article 9 , article 12 , article 20 , article 23 , article 30 , article 33 , article 34 , article 39 , article 43 , article 44 , article 79 , and article 82 may be revoked at any time by the european parliament or by the council . a decision of revocation shall put an end to the delegation of power specified in that decision . it shall take effect the day following the publication of the decision in the official journal of the european union or at a later date specified therein . it shall not affect the validity of any delegated acts already in force .


### the period for which the personal data will be stored ; ### the criteria and / or legal requirements for determining the period for which the personal data will be stored ;


### for the purposes of this regulation , in relation to the offering of information society services directly to a child , the processing of personal data of a child below the age of 13 years shall only be lawful if and to the extent that consent is given or authorised by the child ' s parent or custodian . the controller shall make reasonable efforts to obtain verifiable consent , taking into consideration available technology . ### for the purposes of this regulation , in relation to the offering of services directly to a child , the processing of personal data of a child below the age of 13 years shall only be lawful if and to the extent that consent is given or authorised by the child ' s parent or custodian . the controller shall make reasonable efforts to obtain verifiable consent , taking into consideration available technology .


### general objective and specific objective ### general objective


### the availability of the common communication network for the european information systems ; ### the availability and operation of the common communication network and the union components of european information systems ;


### the programme objectives take into account the problems and challenges identified for customs in the next decade . the programme should continue to play a role in vital areas like the coherent implementation of union customs and related law . moreover , the focus of the programme will be on protecting the financial and economic interests of the union , safeguarding safety and security , trade facilitation , among others through collaborative efforts to fight fraud and increasing the administrative capacity of customs authorities . ### the programme objectives take into account the problems and challenges identified for customs in the next decade . the programme should continue to play a role in vital areas like the coherent implementation of union customs and related law . moreover , the focus of the programme will be on protecting the financial and economic interests of the union , safeguarding safety and security , trade facilitation , among others through collaborative efforts to fight fraud and increasing the administrative capacity of customs authorities . the commission shall encourage member states which have not yet developed adequate electronic data - processing techniques to do so and move towards a more digital single market .


### to fight fraud and to enhance competitiveness , safety and security by enhancing cooperation with international organisations , third countries , other governmental authorities , economic operators and their organisations . ### to fight fraud , protect intellectual property and enhance competitiveness , safety and security by enhancing cooperation with international organisations , third countries , other governmental authorities and economic operators .


### the priorities of the programme shall be the following : to support the preparation , coherent application and effective implementation of union law , with a view of strengthening the customs union in terms of efficiency , effectiveness and uniformity . to strengthen the competitiveness of european businesses through the facilitation of legitimate trade , the reduction of compliance costs and administrative burden , and the protection against unfair competition , to support customs in protecting citizens , safety and security and the environment . to ensure the protection of the financial and economic interests of the european union and the member states ; to contribute to the efficient functioning of customs authorities by improving their administrative capacity , to fight fraud and to enhance competitiveness , safety and security by enhancing cooperation with international organisations , third countries , other governmental authorities , economic operators and their organisations . ### the specific objectives of the programme shall be the following : to support the preparation , coherent application and effective implementation of union law , with a view of strengthening the customs union in terms of efficiency , effectiveness and uniformity ; to strengthen the competitiveness of european businesses through the facilitation of legitimate trade , the reduction of compliance costs and administrative burdens , and protection against unfair competition ; to prevent fraud so as to protect citizens , safety and security and the environment ; to fight fraud and to enhance competitiveness , safety and security by enhancing cooperation with international organisations , third countries , other governmental authorities , economic operators and their organisations ; to strengthen the competitiveness of european businesses through the facilitation of trade and the reduction of compliance costs to ensure the protection of the financial and economic interests of the european union and of the member states ; to contribute to the efficient functioning of customs authorities by improving their administrative capacity . 2 . each of the specific objectives listed above shall be measured by an indicator based on the perception of programme stakeholders regarding the contribution made by the programme to the realisation of the specific objectives . the indicators shall be established and , if necessary , modified in an annual work programme .


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


### the delegation of power referred to in article 17 shall be conferred for an indeterminate period of time from [ the date of entry into force of this regulation ] . ### the power to adopt delegated acts referred to in article 17 shall be conferred on the commission for a period of five years from [ the date of entry into force of this regulation ] . the commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five - year period . the delegation of power shall be tacitly extended for periods of an identical duration , unless the european parliament or the council opposes such extension not later than three months before the end of each period .


### roadworthiness tests shall be carried out by inspectors fulfilling the minimum competence and training requirements laid down in annex vi . ### roadworthiness tests shall be carried out by inspectors fulfilling the minimum competence and training requirements laid down in annex vi . member states applying more stringent requirements shall be allowed to maintain these .


### vehicles of historic interest are supposed to conserve heritage of the époque they have been built and considered to be hardly used on public roads , it should be left to member states to extend the period of periodic roadworthiness testing for such vehicles . it should also be for member states to regulate roadworthiness testing of other types of specialised vehicles . ### vehicles of historic interest are supposed to conserve heritage of the époque in which they were built . they are a cultural asset and not normally used as everyday vehicles . it should be left to member states to extend the period of periodic roadworthiness testing for such vehicles . however , that right must not result in the application of more stringent standards than those for which they were originally designed . it should also be for member states to regulate roadworthiness testing of other types of specialised vehicles .


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


### each member state shall take the necessary measures to ensure that the manipulation or tampering of an odometer is regarded as an offence and is punishable by effective , proportionate , dissuasive and non - discriminatory penalties . ### each member state shall take the necessary measures to ensure that the manipulation or tampering of an odometer is regarded as an offence and is punishable by effective , proportionate , dissuasive and non - discriminatory penalties and to ensure the accuracy of the odometer reading during the entire lifetime of a vehicle .


### frequency of tests should be adapted according to the type of vehicle and to their mileage . vehicles are more likely to present technical deficiencies when they reach a certain age and , in particular when intensively used , after a certain mileage . it is therefore appropriate to increase the test frequency for older vehicles and for vehicles with high mileage . ### frequency of tests should be adapted according to the type of vehicle . vehicles are more likely to present technical deficiencies when they reach a certain age .


### agricultural vehicles with a maximum design speed exceeding 40 km / h are more and more used to replace trucks in local transport activities . their risk potential is comparable to that of trucks and therefore this vehicle category should be treated in the same way as trucks regarding roadworthiness testing . ### agricultural vehicles with a maximum design speed exceeding 40 km / h are in some instances being used to replace trucks for commercial road haulage purposes . it is important to ensure that where agricultural vehicles are used in this way , that they are treated in the same way as trucks regarding roadworthiness testing .


### the commission shall examine the feasibility , costs and benefits of the establishment of an electronic vehicle information platform with a view to exchange information on data related to roadworthiness testing between the competent authorities of member states responsible for testing , registration and vehicle approval , the testing centres and the vehicle manufacturers . ### the commission shall examine what is the most efficient and effective way of establishing an electronic vehicle information platform by taking advantage of existing and already implemented it solutions with regard to international data exchange so as to minimize costs and to avoid duplications . the examination shall consider the most appropriate way to link the existing national systems with a view to exchange information on data related to roadworthiness testing and odometer readings between the competent authorities of member states responsible for testing , registration and vehicle approval , the testing centres , the test equipment manufacturers and the vehicle manufacturers . the aim of this shall be to provide all stakeholders with non - discriminatory access to vehicle information .


### – trailers and semi - trailers with a maximum permissible mass not exceeding 3 500 kg – vehicle categories o1 and o2 , ### – trailers and semi - trailers with a maximum permissible mass not exceeding 3 500 kg – vehicle category o2 ,


### vehicle manufacturers shall provide the testing centres or , when relevant , the competent authority , with access to the technical information necessary for roadworthiness testing , as set out in annex i . the commission shall adopt detailed rules concerning the procedures on access to the technical information set out in annex i in accordance with the examination procedure referred to in article 16 . ### vehicle manufacturers shall provide the testing centres or , when relevant , the competent authority , as well as workshops and manufacturers of testing equipment and all stakeholders with non - discriminatory access to the technical information necessary for roadworthiness testing , as set out in annex i . the commission shall adopt detailed rules concerning the procedures on access to the technical information set out in annex i in accordance with the examination procedure referred to in article 16 .


### – wheeled tractors with a maximum design speed exceeding 40 km / h – vehicle category t5 . ### – wheeled tractors of category t5 the use of which mainly takes place on public roads for commercial road haulage purposes with a maximum design speed exceeding 40km / h


### roadworthiness tests shall be carried out by inspectors fulfilling the minimum competence and training requirements laid down in annex vi . ### roadworthiness tests shall be carried out by inspectors fulfilling the minimum competence , education and training laid down in annex vi and the requirements of the member state in which they are appointed . the member states may prescribe additional requirements for their territories .


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


### since the objective of this regulation , namely to lay down minimum common requirements and harmonised rules concerning the conduct of roadworthiness tests of vehicles within the union , cannot be sufficiently achieved by the member states and can therefore be better achieved at union level , the union may adopt measures , in accordance with the principle of subsidiarity as set out in article 5 of the treaty . in accordance with the principle of proportionality , as set out in that article , this regulation does not go beyond what is necessary in order to achieve that objective . ### since the objective of this directive , namely to lay down minimum common requirements and harmonised rules concerning the conduct of roadworthiness tests of vehicles within the union , cannot be sufficiently achieved by the member states and can therefore be better achieved at union level , the union may adopt measures , in accordance with the principle of subsidiarity as set out in article 5 of the treaty . in accordance with the principle of proportionality , as set out in that article , this directive does not go beyond what is necessary to achieve that objective .


### odometer fraud is considered to affect between 5% and 12% of used cars sales , resulting in a very important cost to society of several billions euros yearly and in an incorrect evaluation of a roadworthiness condition of a vehicle . with a view to combat odometer fraud , the recording of mileage in the roadworthiness certificate combined with the obligation to present the certificate of the previous test would facilitate the detection of tampering or manipulation of the odometer . odometer fraud should also be more systematically considered as an offence liable to a penalty . ### odometer fraud is considered to affect between 5% and 12% of domestic used cars sales and between 30% and 40% of cross border sales , resulting in a very important cost to society of several billion euros yearly and in an incorrect evaluation of a roadworthiness condition of a vehicle . with a view to combat odometer fraud , the recording of mileage in the roadworthiness certificate combined with the obligation to present the certificate of the previous test would facilitate the detection of tampering or manipulation of the odometer . odometer fraud should also be systematically considered as an offence liable to a penalty . member states should take all necessary measures to ensure the accuracy of the odometer reading during the entire lifetime of a vehicle . this can be done by gathering in a mileage registration database information on the vehicle ' s mileage that is already being recorded by the various actors of the automobile sector , such as official dealers , repairers , or testing centres .


### frequency of tests should be adapted according to the type of vehicle and to their mileage . vehicles are more likely to present technical deficiencies when they reach a certain age and , in particular when intensively used , after a certain mileage . it is therefore appropriate to increase the test frequency for older vehicles and for vehicles with high mileage . ### frequency of tests should be adapted according to the type of vehicle and to their mileage . vehicles are more likely to present technical deficiencies when they reach a certain age and , in particular when intensively used , after a certain mileage .


### vehicle manufacturers shall provide the testing centres or , when relevant , the competent authority , with access to the technical information necessary for roadworthiness testing , as set out in annex i . the commission shall adopt detailed rules concerning the procedures on access to the technical information set out in annex i in accordance with the examination procedure referred to in article 16 . ### the commission shall adopt detailed rules concerning the substance of the technical information to be made available by vehicle manufacturers under the provisions of annex i , as well as the procedures on access to that technical information , in accordance with the examination procedure referred to in article 16 .


### a large fraction of total emissions of road transport , in particular co2 emissions , is due to a minority of vehicles with malfunctioning emission control systems . it is estimated that 5% of the vehicle fleet causes 25% of all pollutant emissions . therefore , a periodic regime of roadworthiness tests would also contribute to improve the environment through the reduction of the average vehicle emissions . ### a large fraction of total emissions of road transport , in particular co2 emissions , is due to a minority of vehicles with malfunctioning emission control systems . it is estimated that 5% of the vehicle fleet causes 25% of all pollutant emissions . this also applies to an increase in particulates and nox emissions from modern engine designs which require a more comprehensive emission test , including check by operation using an electronic control device of the integrity and functionality of the vehicle ' s own on - board diagnostic system , verified by existing tailpipe testing to ensure a complete emission system test , as obd only is not reliable . therefore , a periodic regime of roadworthiness tests would also contribute to improve the environment through the reduction of the average vehicle emissions .


### the commission shall examine the feasibility , costs and benefits of the establishment of an electronic vehicle information platform with a view to exchange information on data related to roadworthiness testing between the competent authorities of member states responsible for testing , registration and vehicle approval , the testing centres and the vehicle manufacturers . ### the commission shall examine the most efficient and effective way to establish an electronic vehicle information platform with a view to exchange information on data related to roadworthiness testing and odometer readings between the competent authorities of member states responsible for testing , registration and vehicle approval , the testing centres and the vehicle manufacturers


### the union ' s financial contribution to simple programmes shall not exceed 50&#160 ; % of the eligible expenditure . the remaining expenditure shall be borne exclusively by proposing organisations . ### the union ' s financial contribution to simple programmes shall not exceed 50&#160 ; % of the eligible expenditure . member states may bear up to 30&#160 ; % of the costs . the remaining expenditure shall be borne by proposing organisations .


### the union ' s financial contribution to simple programmes shall not exceed 50&#160 ; % of the eligible expenditure . the remaining expenditure shall be borne exclusively by proposing organisations . ### the union ' s financial contribution to simple programmes shall not exceed 50&#160 ; % of the eligible expenditure . member states may contribute a maximum of 30&#160 ; % .


### the maximum rate of co - financing shall be set at 60 % of the total eligible costs for the multi programmes . the remaining expenditure shall be borne exclusively by proposing organisations . ### the maximum rate of co - financing shall be set at 60 % of the total eligible costs for the multi programmes . the member state may bear up to 30 % of the total costs . the remaining expenditure shall be borne by proposing organisations .


### the commission shall develop technical support services , in particular with a view to encouraging awareness of different markets , maintaining a dynamic professional network around information and promotion policy and improving knowledge of legislative provisions concerning programme development and implementation . ### the commission shall develop technical support services , in particular with a view to encouraging awareness of different markets , helping producers to curb counterfeit products , maintaining a dynamic professional network around information and promotion policy and improving knowledge of legislative provisions concerning programme development and implementation .


### the aim of these measures is to enhance the competitiveness of european agriculture in both the internal market and third countries by increasing consumers ' awareness of the merits of the union ' s agricultural products and food products based on agricultural products and developing and opening up new markets . they usefully complement and reinforce the measures implemented by the member states . ### the aim of these measures is to enhance the competitiveness of european agriculture and market shares in both the internal market and third countries by increasing consumers ' awareness of the merits of the union ' s agricultural products and food products based on agricultural products and developing and opening up new markets . they usefully complement and reinforce the measures implemented by the member states .


### the maximum rate of co - financing shall be set at 60 % of the total eligible costs for the multi programmes . the remaining expenditure shall be borne exclusively by proposing organisations . ### the maximum rate of co - financing shall be set at 75 % of the total eligible costs for the multi programmes . non - recoverable vat that has been genuinely and definitively paid by beneficiaries shall be regarded as eligible expenditure . the remaining expenditure shall be borne exclusively by proposing organisations .


### the agricultural products listed in annex i to the treaty on the functioning of the european union , excluding the fishery and aquaculture products listed in annex 1 to regulation no [ com416 ] of the european parliament and of the council19 and tobacco ; __________________ 19 regulation no [ com . ### cotton and the agricultural products listed in annex i to the treaty on the functioning of the european union , excluding tobacco ;


### in the context of implementing this regulation , the commission may consult the advisory group on promotion of agricultural products established by commission decision 2004 / 391 / ec27 . __________________ 27 commission decision 2004 / 391 / ec of 23 april 2004 on the advisory groups dealing with matters covered by the common agricultural policy . ### in the context of implementing this regulation , the commission shall consult the advisory group on promotion of agricultural products established by commission decision 2004 / 391 / ec27 . __________________ commission decision 2004 / 391 / ec of 23 april 2004 on the advisory groups dealing with matters covered by the common agricultural policy .


### the union ' s financial contribution to simple programmes shall not exceed 50&#160 ; % of the eligible expenditure . the remaining expenditure shall be borne exclusively by proposing organisations . ### the union ' s financial contribution to simple programmes shall not exceed 75&#160 ; % of the eligible expenditure . non - recoverable vat that has been genuinely and definitively paid by beneficiaries shall be regarded as eligible expenditure . the remaining expenditure shall be borne exclusively by proposing organisations .


### in order to ensure that uniform implementing conditions apply under this regulation , the commission should be granted implementing powers for the purposes of adopting implementing acts concerning work programmes laying down strategic priorities , the selection of simple programmes . the implementing , monitoring and control arrangements of simple programmes , the rules concerning the conclusion of contracts for the implementation of simple programmes selected in accordance with this regulation , and the common impact assessment framework for programmes . these powers should be exercised in accordance with regulation no 182 / 2011 of the european parliament and of the council17 . __________________ 17 regulation no 182 / 2011 of the european parliament and of the council of 16 february 2011 laying down the rules and general principles concerning mechanisms for control by member states of the commission’s exercise of implementing powers . ### in order to ensure that uniform implementing conditions apply under this regulation , the commission should be granted implementing powers for the purposes of adopting implementing acts concerning the selection of simple programmes . the implementing , monitoring and control arrangements of simple programmes , the rules concerning the conclusion of contracts for the implementation of simple programmes selected in accordance with this regulation , and the common impact assessment framework for programmes . these powers should be exercised in accordance with regulation no 182 / 2011 of the european parliament and of the council17 . __________________ 17 regulation no 182 / 2011 of the european parliament and of the council of 16 february 2011 laying down the rules and general principles concerning mechanisms for control by member states of the commission’s exercise of implementing powers .


### the agricultural products listed in annex i to the treaty on the functioning of the european union , excluding the fishery and aquaculture products listed in annex 1 to regulation no [ com416 ] of the european parliament and of the council19 and tobacco ; __________________ 19 regulation no [ com . ### the agricultural products listed in annex i to the treaty on the functioning of the european union , excluding tobacco ; __________________ 19 regulation no [ com .


### information measures shall not encourage the consumption of any product on grounds of its origin . nevertheless , the origin of products may be visible on information and promotional material subject to compliance with specific conditions to be adopted pursuant to article 6 . ### information measures shall not encourage the consumption of any product on grounds of its origin . nevertheless , the origin of products may be visible on information and promotional material subject to compliance with the following conditions :


### the food products based on agricultural products listed in point i of annex i to regulation no 1151 / 2012 of the european parliament and of the council ; ### the food products based on eu agricultural products listed in point i of annex i to regulation no 1151 / 2012 of the european parliament and of the council and cotton ;


### in order to ensure the coherence , effectiveness and sound management of the measures provided for in this regulation as well as the efficient use of union funding , the commission should be delegated the power to adopt acts in accordance with article 290 of the treaty as regards the specific conditions of brand visibility and the indication of product origin , the criteria for determining the eligibility of proposing organisations , the conditions governing competitive tendering between implementing organisations and the conditions according to which the proposing organisation may be authorised to implement certain parts of the programme itself and , finally , the specific conditions determining the eligibility of the costs of information provision and promotion measures for simple programmes . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including using external experts . when preparing and drawing - up delegated acts , the commission will ensure a simultaneous , timely and appropriate transmission of relevant documents to the european parliament and to the council . ### in order to ensure the coherence , effectiveness and sound management of the measures provided for in this regulation as well as the efficient use of union funding , the commission should be delegated the power to adopt acts in accordance with article 290 of the treaty as regards the specific conditions of brand visibility and the indication of product origin , the criteria for determining the eligibility of proposing organisations , the conditions governing competitive tendering between implementing organisations and the conditions according to which the proposing organisation may be authorised to implement certain parts of the programme itself , the work programmes laying down strategic priorities , and , finally , the specific conditions determining the eligibility of the costs of information provision and promotion measures for simple programmes . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including using external experts . when preparing and drawing - up delegated acts , the commission will ensure a simultaneous , timely and appropriate transmission of relevant documents to the european parliament and to the council .


### the maximum rate of co - financing shall be set at 60 % of the total eligible costs for the multi programmes . the remaining expenditure shall be borne exclusively by proposing organisations . ### the maximum rate of co - financing shall be set at 80 % of the total eligible costs for the multi programmes . the remaining expenditure shall be borne by proposing organisations or by member states deciding to offer national co - funding .


### the maximum rate of co - financing shall be set at 60 % of the total eligible costs for the multi programmes . the remaining expenditure shall be borne exclusively by proposing organisations . ### the maximum rate of co - financing shall be set at 60 % of the total eligible costs for the multi programmes .


### the agricultural products listed in annex i to the treaty on the functioning of the european union , excluding the fishery and aquaculture products listed in annex 1 to regulation no [ com416 ] of the european parliament and of the council19 and tobacco ; __________________ 19 regulation no [ com . ### the agricultural products of eu origin listed in annex i to the treaty on the functioning of the european union , excluding the fishery and aquaculture products listed in annex 1 to regulation no [ com416 ] of the european parliament and of the council19 and tobacco ; __________________ 19 regulation no [ com .


### the commission shall , by means of an implementing act , adopt a work programme setting out the objectives pursued , the priorities , the expected results , the implementing arrangements and the total amount of the financing plan . it shall also contain the main evaluation criteria , a description of the measures to be financed , an indication of the amounts allocated to each type of measure and an indicative implementation timetable and , in the case of grants , the maximum rate of co - financing . ### the commission shall be empowered to adopt delegated acts , in accordance with article 23 and on the basis of the objectives listed in article 1 , concerning the adoption of a work programme setting out the objectives pursued , the priorities , the expected results , the implementing arrangements and the total amount of the financing plan . it shall also contain the main evaluation criteria , a description of the measures to be financed , an indication of the amounts allocated to each type of measure and an indicative implementation timetable and , in the case of grants , the maximum rate of co - financing .


### technical assistance should enable the member states to support the implementation of their national programmes and assist beneficiaries in complying with their obligations and union law . ### technical assistance is essential to enable the member states to support the implementation of their national programmes , assist beneficiaries in complying with their obligations and union law and in turn to increase the visibility of and accessibility to eu funds .


### following the commission decision approving the national programme , an initial pre - financing amount for the whole programming period shall be paid by the commission . this shall represent 4% of the contribution from the union budget to the national programme concerned . it may be split into two instalments depending on budget availability . ### following the commission decision approving the national programme , an initial pre - financing amount for the whole programming period shall be paid by the commission . this shall represent 6% of the contribution from the union budget to the national programme concerned . it may be split into two instalments depending on budget availability within 6 months .


### in case of actions to be implemented in and in relation to third countries , such actions shall not be directly development oriented and the policy dialogue shall seek full coherence with the principles and general objectives of the union external action and foreign policy as regards the country or region concerned . ### in case of actions to be implemented in and in relation to third countries , such actions shall not be directly development oriented and the policy dialogue shall seek full coherence with the principles and general objectives of the union external action and foreign policy as regards the country or region concerned . these measures must be taken while ensuring full compliance with obligations in respect of human rights and international protection .


### paragraphs 1 and 2 are without prejudice to the rules on charges , reductions or other steering set out in article 55 of the proposal com 547 and in article 19 of directive 2011 / 83 / eu22 . __________________ 22 directive 2011 / 83 / eu of the european parliament and of the council of 25 october 2011 on consumer rights… ### paragraphs 1 and 2 are without prejudice to the rules on charges , reductions or other steering set out in article 55 of directive [ the revised payment services directive , on the basis of proposal com 547 ] [ op please insert number of directive once adopted ] and in article 19 of directive 2011 / 83 / eu22 . __________________ 22 directive 2011 / 83 / eu of the european parliament and of the council of 25 october 2011 on consumer rights…


### four years after the entry into force of this regulation , the commission shall present to the european parliament and to the council a report on the application of this regulation . the commission ' s report shall look in particular at the appropriateness of the levels of interchange fees and at steering mechanisms such as charges , taking into account the use and cost of the various means of payments and the level of entry of new players and new technology on the market . ### four years after the entry into force of this regulation , the commission shall present to the european parliament and to the council a report on the application of this regulation . the commission ' s report shall look in particular at the appropriateness of the levels of interchange fees and at steering mechanisms such as charges , taking into account the use and cost of the various means of payments and the level of entry of new players , new technology and innovative business models on the market .


### diversity of competences and views of the members of administrative , management and supervisory bodies of companies facilitates a good understanding of the business organisation and affairs . it enables members of these bodies to exercise a constructive challenge of the management decisions and to be more open to innovative ideas , addressing the similarity of views of members , the ‘ group - think’ phenomenon . it contributes thus to effective oversight of the management and a successful governance of the company . it would therefore be important to enhance transparency regarding the diversity policy companies have in place . this would inform the market of corporate governance practices and thus put indirect pressure on companies to have more diversified boards . ### diversity of competences and views of the members of administrative , management and supervisory bodies of undertakings facilitates a good understanding of the business organisation and affairs . it enables members of these bodies to exercise a constructive challenge of the management decisions and to be more open to innovative ideas , addressing the similarity of views of members , the ' group - think ' phenomenon . it contributes thus to effective oversight of the management and a successful governance of the undertaking . it would therefore be important to enhance transparency regarding the diversity policy undertakings have in place . this would inform the market of corporate governance practices and thus put indirect pressure on undertakings to have more diversified boards .


### the obligation to disclose their diversity policies for their administrative , management and supervisory bodies with regard to aspects such as age , gender , geographical diversity , educational and professional background should only apply to large listed companies . therefore small and medium - sized companies that may be exempted from certain accounting obligations under article 27 of directive 78 / 660 / eec should not be covered to by this obligation . disclosure of the diversity policy should be part of the corporate governance statement , as laid down by article 46a of directive 78 / 660 / eec . companies not having a such a diversity policy should not be obliged to put one in place , but they should clearly explain why this is the case . ### the obligation to disclose their diversity policies for their administrative , management and supervisory bodies with regard to aspects such as age , gender , geographical diversity , disability , educational and professional background should only apply to large listed companies . therefore small and medium - sized companies that may be exempted from certain accounting obligations under article 27 of directive 78 / 660 / eec should not be covered by this obligation . disclosure of the diversity policy should be part of the corporate governance statement , as laid down by article 46a of directive 78 / 660 / eec . companies not having a such a diversity policy should not be obliged to put one in place , but they should clearly explain why this is the case .


### diversity of competences and views of the members of administrative , management and supervisory bodies of companies facilitates a good understanding of the business organisation and affairs . it enables members of these bodies to exercise a constructive challenge of the management decisions and to be more open to innovative ideas , addressing the similarity of views of members , the ‘ group - think’ phenomenon . it contributes thus to effective oversight of the management and a successful governance of the company . it would therefore be important to enhance transparency regarding the diversity policy companies have in place . this would inform the market of corporate governance practices and thus put indirect pressure on companies to have more diversified boards . ### diversity of competences and views of the members of administrative , management and supervisory bodies of companies , including gender diversity , facilitates a good understanding of the business organisation and affairs . it has been acknowledged that gender diversity , especially in top positions , contributes to corporate governance , quality of decision - making and to the company ' s performance . moreover , board diversity represents a benefit for the companies as board composition reflects demographic characteristics of key stakeholder groups such as employee , customer and investor . furthermore , it enables members of these bodies to exercise a constructive challenge of the management decisions and to be more open to innovative ideas , addressing the similarity of views of members , the ‘ group - think’ phenomenon . it contributes thus to effective oversight of the management and a successful governance of the company . it would therefore be important to enhance transparency regarding the diversity policy companies have in place . this would inform the market of corporate governance practices and thus put indirect pressure on companies to have more diversified boards .


### in order to enhance consistency and comparability of non - financial information disclosed throughout the union , companies should be required to include in their annual report a non - financial statement containing information relating to at least environmental matters , social and employee - related matters , respect for human rights , anti - corruption and bribery matters . such statement should include a description of the policies , results , and the risks related to those matters . ### in order to enhance consistency and comparability of non - financial information disclosed throughout the union , companies should be required to include in their annual report a non - financial statement containing information relating to at least environmental matters , social and employment - related matters , respect for human rights , anti - corruption and bribery matters . such statement should refer to the company ' s supply chains , subcontractors and business relationships . the statement should include a description of the policies and results as well as an assessment of all current and potential risks related to those matters .


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


### the obligation to disclose their diversity policies for their administrative , management and supervisory bodies with regard to aspects such as age , gender , geographical diversity , educational and professional background should only apply to large listed companies . therefore small and medium - sized companies that may be exempted from certain accounting obligations under article 27 of directive 78 / 660 / eec should not be covered to by this obligation . disclosure of the diversity policy should be part of the corporate governance statement , as laid down by article 46a of directive 78 / 660 / eec . companies not having a such a diversity policy should not be obliged to put one in place , but they should clearly explain why this is the case . ### the obligation to disclose their diversity policies for their administrative , management and supervisory bodies with regard to aspects such as age , gender , geographical diversity , educational and professional background should only apply to large listed undertakings . disclosure of the diversity policy should be part of the corporate governance statement , as laid down by article 20 of directive 2013 / 34 / eu .


### it is also necessary to establish a certain minimum legal requirement as regards the extent of the information that should be made available to the public by undertakings across the union . annual reports should give a fair and comprehensive view of an undertaking ' s policies , results , and risks . ### it is also necessary to establish a certain minimum legal requirement as regards the extent of the information that should be made available to the public and other authorities by undertakings across the union . management reports should give a fair and comprehensive view of an undertaking ' s policies , results , and risks .


### the scope of these non - financial disclosure requirements should be defined by reference to the average number of employees , total assets and turnover . smes should be exempted from additional requirements , and the obligation to disclose a non - financial statement in the annual report should only apply to those companies whose average number of employees exceeds 500 , and exceed either a balance sheet total of eur 20 million or a net turnover of eur 40 million . ### the scope of these non - financial disclosure requirements should be defined by reference to the average number of employees , balance sheet total and net turnover . smes should be exempted from additional requirements , and the obligation to disclose a non - financial statement in the management report should only apply to large undertakings and parent undertakings of large groups , following the categorisation set out in article 3 of directive 2013 / 34 / eu .


### the obligation to disclose their diversity policies for their administrative , management and supervisory bodies with regard to aspects such as age , gender , geographical diversity , educational and professional background should only apply to large listed companies . therefore small and medium - sized companies that may be exempted from certain accounting obligations under article 27 of directive 78 / 660 / eec should not be covered to by this obligation . disclosure of the diversity policy should be part of the corporate governance statement , as laid down by article 46a of directive 78 / 660 / eec . companies not having a such a diversity policy should not be obliged to put one in place , but they should clearly explain why this is the case . ### the obligation to disclose their diversity policies for their administrative , management and supervisory bodies with regard to aspects such as age , gender , geographical provenance , educational and professional background and employee representation should only apply to large undertakings . disclosure of the diversity policy should be part of the corporate governance statement , as laid down by article 20 of directive 2013 / 34 / eu .


### the powers to adopt the delegated acts referred to in articles 3 and 4 shall be conferred on the commission for an indefinite period of time . ### the powers to adopt the delegated acts referred to in articles 3 and 5 shall be conferred on the commission for a period of five years following the entry into force of this regulation . the commission shall make a report in respect of the delegated powers at the latest 6 months before the end of the five - year period . the delegation of powers shall be automatically extended for periods of an identical duration , unless the european parliament or the council revokes it in accordance with article 10 .


### the delegation of power referred to in articles 3 and 4 may be revoked by the european parliament or by the council . 2 . the institution which has commenced an internal procedure for deciding whether to revoke the delegation of powers shall inform the other legislator and the commission at the latest one month before the final decision is taken , stating the delegated powers which could be subject to revocation and the reasons for any such revocation . ### the delegation of powers referred to in articles 3 and 5 may be revoked at any time by the european parliament or by the council . 2 . the institution which has commenced an internal procedure for deciding whether to revoke the delegation of powers shall endeavour to inform the other institution and the commission within a reasonable time before the final decision is taken , indicating the delegated powers which could be subject to revocation and the reasons for any such revocation .


### the commission shall draw up a programme for pilot studies to be carried out by member states on a voluntary basis in order to develop the reporting and data quality , establish long time series and develop methodology . 2 . the results of the pilot studies shall be evaluated and published by the commission , taking into account the benefits of the availability of the data in relation to the cost of collection and the response burden . on the basis of the conclusions of the pilot studies , the commission shall adopt the necessary delegated acts in accordance with article 9 . ### the commission shall draw up a programme for pilot studies to be carried out by member states on a voluntary basis in order to develop the reporting and data quality , establish long time series and develop methodology . the programme shall include the introduction of the new environmental account modules referred to in article 3a . 2 . the results of these pilot studies shall be evaluated and published by the commission , taking into account the benefits of the availability of the data in relation to the cost of collection and the response burden . on the basis of these conclusions , the commission shall adopt the necessary delegated acts in accordance with article 9 .


### article 8 of directive 95 / 46 / ec of the european parliament and of the council of 24 october 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data13 prohibits in principle the processing of data concerning health . limited exemptions to this prohibition principle are laid down . directive 95 / 46 / ec also requires the controller to implement appropriate technical and organisational measures to protect personal data against accidental or unlawful destruction or accidental loss , alteration , unauthorised disclosure or access and against all other unlawful forms of processing . ### article 8 of directive 95 / 46 / ec of the european parliament and of the council of 24 october 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data13 prohibits in principle the processing of data concerning health . limited exemptions to this prohibition principle are laid down . directive 95 / 46 / ec also requires the controller to implement appropriate technical and organisational measures to protect personal data against accidental or unlawful destruction or accidental loss , alteration , unauthorised disclosure or access and against all other unlawful forms of processing . in line with that directive , strict confidentiality rules and security measures should be in place for the protection of the donors’ and the recipients’ personal data . moreover , the competent authority may also consult the national data protection authority in relation to developing a framework for the transfer of data concerning organs to and from third countries .


### ' organ ' means a differentiated and vital part of the human body , formed by different tissues , that maintains its structure , vascularisation , and capacity to develop physiological functions with an important level of autonomy ; ### ' organ ' means a differentiated part of the human body , formed by different tissues , that maintains its structure , vascularisation , and capacity to develop physiological functions with an important level of autonomy ; a part of an organ is also considered to fall within the scope of this definition if its function is to be used for the same purpose as the entire organ in the human body , maintaining the requirements of structure and vascularisation ;


### member states shall ensure that there is a reporting system in place to report , investigate , register and transmit relevant and necessary information concerning serious adverse events and reactions that may influence the quality and safety of human organs and which may be attributed to the procurement , testing , and transport of organs , as well as any serious adverse reaction observed during or after transplantation which may be connected to those activities . ### member states shall ensure that there is a reporting system in place to report , investigate , register and transmit relevant and necessary information concerning serious adverse events and reactions that may influence the quality and safety of human organs and which may be attributed to the testing , characterisation , procurement , preservation and transport of organs , as well as any serious adverse reaction observed during or after transplantation which may be connected to those activities


### member states shall ensure the implementation of a donor identification system that can identify each donation and each of the organs associated with it . member states shall ensure that this donor identification system are designed and selected in accordance with the aim of collecting , processing or using no personal data or as little personal data as possible . in particular , use is to be made of the possibilities for pseudonymisation or rendering individuals anonymous . ### member states shall ensure the implementation of a donor identification system that can identify each donation and each of the organs associated with it . member states shall ensure that the confidentiality of patient data is respected in accordance with national rules .


### ' donor ' means every human source of organs , whether living or deceased ; ### ' donor ' means every person who donates one or several organs , whether the donation occurred during that person ' s lifetime or after death ;


### establish the qualifications required by the personnel involved at all stages of the chain from donation to transplantation or disposal , and develop specific training programmes for personnel in accordance with recognised international standards . ### establish the qualifications or competencies required for the healthcare personnel involved at all stages of the chain from donation to transplantation or disposal , and develop specific training programmes for such personnel .


### this directive should respect the fundamental rights and observe the principles recognised in particular by the charter of fundamental rights of the european union11 . in line with that charter and to take account of , as appropriate the convention on human rights and biomedicine12 , organ transplantation programmes should be founded on the principles of voluntary and unpaid donation , altruism of the donor and solidarity between donor and recipient while ensuring anonymity of the deceased donor and the recipient . ### to ensure the quality and safety of organs for transplantation , organ transplantation programmes should be founded on the principles of voluntary and unpaid donation . this is an essential aspect , since the violation of these principles might be associated with unacceptable risks and poor outcomes for recipients and living donors . when donation is not voluntary and / or provides for financial gain , the quality of the process of donation cannot be fully guaranteed , since improving the quality of life or saving the life of a person is not the main and / or the sole objective to be achieved . even if the process is developed in accordance with appropriate quality standards , the clinical history obtained either from the potential living donor or the relatives of the potential deceased donor might not be accurate enough in terms of those conditions and / or diseases which are potentially transmissible from donors to recipients when donors are seeking financial gain or are subjected to any kind of coercion . this would imply a safety problem for potential recipients since the team would have a limited capability for performing an appropriate risk analysis . this directive should respect the fundamental rights and observe the principles recognised in particular by the charter of fundamental rights of the european union . in line with that charter it should also take account of , as appropriate , the convention on human rights and biomedicine and the revised world health organisation guiding principles on human cell , tissue and organ transplantation .


### member states shall communicate to the commission the text of the main provisions of national law which they adopt in the field covered by this directive . ### member states shall communicate to the commission the text of the provisions of national law which they adopt in the field covered by this directive .


### this directive should respect the fundamental rights and observe the principles recognised in particular by the charter of fundamental rights of the european union . in line with that charter and to take account of , as appropriate the convention on human rights and biomedicine12 , organ transplantation programmes should be founded on the principles of voluntary and unpaid donation , altruism of the donor and solidarity between donor and recipient while ensuring anonymity of the deceased donor and the recipient . ### this directive should respect the fundamental rights and observe the principles recognised in particular by the charter of fundamental rights of the european union . in line with that charter it should also take account of , as appropriate , the convention on human rights and biomedicine and the revised world health organization guiding principles on human cell , tissue and organ transplantation .


### personnel directly involved in the donation , procurement , testing , preservation , transport and transplantation of human organs should be suitable qualified and trained . ### personnel directly involved in the donation , testing , characterisation , procurement , preservation , transport and transplantation of human organs should be suitably qualified and competent .


### ' donor ' means every human source of organs , whether living or deceased ; ### donor ' means every person who donates one or several organs , whether the donation occurred during that person ' s lifetime or after death ;


### the organisations , bodies or companies involved in the transportation of organs have appropriate standard operating procedures in place to ensure the integrity of the organ during transport and that transport time is minimised . ### the organisations , bodies or companies involved in the transportation of organs have appropriate procedures in place to ensure the integrity of the organ during transport and that transport time is optimised and where possible minimised .


### new kics , including their priority fields and the organisation and timing of the selection process , should be launched on the basis of modalities defined in the strategic innovation agenda . ### the strategic innovation agenda defines the modalities according to which new kics are launched . part of the budget for new kics for the period 2014 - 2020 shall be spend on kics based on the themes defined in the strategic innovation agenda . the other part of the budget can be allocated freely by the eit to either enforce these kics or to launch kics on other themes . the eit has the freedom to choose the appropriate size , duration and time framework for all new kics .


### the governing board may decide to extend the operation of a kic beyond the period initially set if this is the most appropriate way to achieve the objectives of the eit . ### subject to the outcomes of the continuous monitoring and periodic evaluations as defined in article 7a , the governing board may decide every three years to extend the financing of the operation of a kic if it proves to achieve its objectives and those of the eit .


### the financial envelope from horizon 2020 for the implementation of this regulation during the period from 1 january 2014 to 31 december 2020 is set at eur 3 . 182 , 230 million the annual appropriations shall be authorised by the budgetary authority within the limits of the financial framework . the eit financial contribution to the kics shall be provided under this financial envelope . ### within the meaning of point [ 17 ] of the interinstitutional agreement of xxx / 201z between the european parliament , the council and the commission on cooperation in budgetary matters and sound financial management , the financial envelope from horizon 2020 for the implementation of this regulation during the period from 1 january 2014 to 31 december 2020 is set at a maximum of eur 3 . 182 , 230 million . this amount shall constitute the prime reference for the budgetary authority during the annual budgetary procedure . the annual appropriations shall be authorised by the budgetary authority without prejudice to the provisions of the regulation laying down the multiannual financial framework for the years 2014 - 2020 and to the interinstitutional agreement of xxx / 201z between the european parliament , the council and the commission on cooperation in budgetary matters and sound financial management . the eit financial contribution to the kics shall be provided under this financial envelope .


### the governing board may decide to extend the operation of a kic beyond the period initially set if this is the most appropriate way to achieve the objectives of the eit . ### subject to the outcomes of the monitoring and periodic evaluations , the governing board may decide every three years to extend the financing of the operation of a kic if it proves to achieve its objectives and those of the eit . the governing board shall apply a tailor - made approach , taking into account that not all kics would have the same financial needs , size or duration . the governing board can decide to award extra budget to a kic if it reaches its goals earlier than foreseen .


### the eit , shall on the basis of key performance indicators and in cooperation with the commission , organise continuous monitoring and periodic external evaluations of the outputs , results and impact of each kic . ### ' 1 . the eit , shall on the basis of key performance indicators and in cooperation with the commission , organise continuous monitoring and triennial external evaluations of the output , results and impact of each kic . the continuous monitoring shall include : the contribution of kics to achieving the specific objectives of horizon 2020 ; b ) general kics performance based on a set of common kics core indicators ; c ) specific kics performance based on individual targets and key performance indicators as laid down in the individual kic business plans ; '


### the criteria and procedures for the financing , monitoring and evaluation of the activities of the kics should be adopted by the eit prior to launching the kic selection process . ### the criteria and procedures for the financing , monitoring and evaluation of the activities of the kics should be adopted by the eit prior to launching the kic selection process . in particular , a substantial part of the yearly financial contribution to the kics shall be allocated on the basis of a competitive review mechanism .


### the eit’s mission is to contribute to sustainable european economic growth and competitiveness by reinforcing the innovation capacity of the member states and the union . it shall do this by promoting and integrating higher education , research and innovation of the highest standards . ### the eit’s mission is to contribute to sustainable european economic growth and competitiveness by reinforcing the innovation capacity of the member states and the union . this shall be achieved through synergies , cooperation and integration of higher education , research activities and innovation at the highest standards .


### the eit , shall on the basis of key performance indicators and in cooperation with the commission , organise continuous monitoring and periodic external evaluations of the outputs , results and impact of each kic . ### the eit , shall on the basis of key quantitative and qualitative performance indicators , organise monitoring and triennial external evaluations of the outputs , results and impact of each kic . this monitoring and evaluation shall be results - oriented .


### deposit guarantee schemes shall be in a position to repay unavailable deposits within 7 days of the date on which the competent authorities make a determination as referred to in article 2 or a judicial authority makes a ruling as referred to in article 2 . ### deposit guarantee schemes shall be in a position to repay unavailable deposits within four weeks of the date on which the competent authorities make a determination as referred to in article 2 or a judicial authority makes a ruling as referred to in article 2 . from 1 january 2017 , this period shall be reduced to one week . during the transitional period between the entry into force of the directive and the reduction of the payout delay , depositors shall be paid up to € 5 000 of their existing credit balances within a period of one week .


### the implantable or other invasive products , intended to be used for human beings , which are listed in annex xv shall be considered medical devices , regardless of whether or not they are intended by the manufacturer to be used for a medical purpose . ### the implantable or other invasive products , intended to be used for human beings , which are listed on a non - exhaustive basis in annex xv , shall be considered medical devices for the purposes of this regulation , regardless of whether or not they are intended by the manufacturer to be used for a medical purpose .


### the information collated and processed by the electronic system shall be accessible to the competent authorities of the member states , to the commission and to the notified bodies . ### the information collated and processed by the electronic system shall be accessible to the competent authorities of the member states , to the commission , to the notified bodies and to manufacturers relating to information about their own devices .


### the information collated and processed by the electronic system shall be accessible to the competent authorities of the member states , to the commission and to the notified bodies . ### the information collated and processed by the electronic system shall be accessible to the competent authorities of the member states , to the commission , to the notified bodies and without prejudice to the preservation of intellectual property , to healthcare professionals and the public . the data referred to in points to of article 62 shall not be considered commercially confidential information .


### data included in the cis shall be kept only for the time necessary to achieve the purpose for which they were introduced and may not be stored for more than ten years . if personal data are stored for a period exceeding five years , the european data protection supervisor shall be informed accordingly . ### data included in the cis shall be kept only for the time necessary to achieve the purpose for which they were introduced and may not be stored for more than ten years .


### the commission shall establish and manage a directory of reported csms , the ‘ csm directory’ . ### the commission shall establish and manage a directory of reported csms , the ‘ csm directory’ . the csm directory should form part of the directory referred to in article 18a and should not contain personal data .


### – ' service providers active in the international supply chain ' means owners , shippers , consignees , freight forwarders , carriers and other intermediaries or persons involved in the international supply chain . ### – ' public or private service providers active in the international supply chain ' means owners , shippers , consignees , freight forwarders , carriers and other intermediaries or persons involved in the international supply chain .


### the commission shall establish and manage a directory containing data on import , export and transit of goods , including transit within a member state , as detailed in annexes 37 and 38 of commission regulation no 2454 / 93 , the ' import , export , transit directory ' . the member states shall authorise the commission to systematically replicate data relating to import , export and transit from the sources operated by the commission on the basis of regulation no 2913 / 92 establishing the community customs code . the member states shall supply to the commission data concerning the transit of goods within a member state and direct export . ### the commission shall establish and manage a directory containing data on import , export and transit of goods , including transit within a member state , as detailed in annexes 37 and 38 of commission regulation no 2454 / 93 , the ' import , export , transit directory ' . the member states shall authorise the commission to systematically replicate data relating to import , export and transit from the sources operated by the commission on the basis of regulation no 2913 / 92 establishing the community customs code . the member states shall , at the earliest possible date , supply to the commission data concerning the transit of goods within a member state and direct export .


### the detection of fraud , identification of risk trends and the implementation of effective risk management procedures depend significantly on the identification and cross - analysis of relevant operational data sets . it is necessary therefore to establish , at european union level , a directory containing data on import , export and transit of goods including transit of goods within the member states and direct export . for that purpose , member states should allow systematic replication of data on import , export and transit of goods from the systems operated by the commission and should supply to the commission data relating to transit of goods within a member state and direct export . ### given the increase in the scale of customs fraud , it is crucial to increase detection and prevention simultaneously at national and european level . the detection of fraud , identification of risk trends and the implementation of effective risk management procedures depend significantly on the identification and cross - analysis of relevant operational data sets . it is necessary therefore to establish , at european union level , the fullest possible directory containing data on import , export and transit of goods by land , sea or air , including transit of goods within the member states and direct export . for that purpose , member states should allow systematic replication of data on import , export and transit of goods from the systems operated by the commission and should supply to the commission data relating to transit of goods within a member state and direct export without delay . the commission should each year submit the results obtained from this directory to the european parliament and to the council .


### without prejudice to regulation 45 / 2001 , the commission may transfer , subject to the agreement of the public or private service providers active in the international supply chain , data referred to in article 18a to international organisations and / or eu institutions / agencies which contribute to the protection of the financial interests of the union and correct application of customs legislation with which the commission concluded a relevant arrangement or memorandum of understanding . ### the commission may transfer data referred to in article 18a to international organisations and / or eu institutions / agencies which contribute to the protection of the financial interests of the union and correct application of customs legislation with which the commission concluded a relevant arrangement or memorandum of understanding .


### without prejudice to regulation no 45 / 2001 , the commission may transfer , subject to the agreement of the supplying member state , selected data obtained in accordance with the procedure specified in paragraph 1 to international organisations and / or eu institutions / agencies which contribute to the protection of the financial interests of the union and correct application of customs legislation with which the commission concluded a relevant arrangement or memorandum of understanding . ### the commission may transfer , subject to the agreement of the supplying member state , selected data obtained in accordance with the procedure specified in paragraph 1 to international organisations and / or eu institutions / agencies which contribute to the protection of the financial interests of the union and correct application of customs legislation with which the commission concluded a relevant arrangement or memorandum of understanding .


### the commission shall examine whether it is appropriate for the agency to charge a fee for the services provided to exporters within five years of the date referred to in the second subparagraph of article 33 and , if necessary , submit a relevant proposal . ### the commission shall examine whether it is appropriate for the agency to charge a fee for the services provided to exporters within three years of the date referred to in the second subparagraph of article 33 and , if necessary , submit a relevant proposal .


### member states shall ensure that victims are offered the opportunity to be notified when the person prosecuted or sentenced for offences concerning them is released from detention . victims shall receive this information where they have expressed such a wish . ### member states shall ensure that victims are offered the opportunity to be notified when the person prosecuted or sentenced for offences concerning them is released from detention . victims shall receive this information immediately where they expressed such a wish .


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


### to ensure a real opening up of the market and a fair balance in the application of concession award rules in the water , energy , transport and postal services sectors it is necessary for the entities covered to be identified on a basis other than their legal status . it should be ensured , therefore , that the equal treatment of contracting entities operating in the public sector and those operating in the private sector is not prejudiced . it is also necessary to ensure , in keeping with article 345 of the treaty , that the rules governing the system of property ownership in member states are not prejudiced . ### to ensure a real opening up of the market and a fair balance in the application of concession award rules in the water , energy , transport and postal services sectors it is necessary for the entities covered to be clearly identified in the light of the particular tasks laid down by the public authorities . it is also necessary to ensure , in keeping with article 345 of the treaty , that the rules governing the system of property ownership in member states are not prejudiced .


### the calculation of the estimated value of a concession shall be based on the total amount payable , net of vat , as estimated by the contracting authority or the contracting entity , including any form of option and any extension of the duration of the concession . ### the calculation of the estimated value of a concession shall be based on its aggregate turnover net of tax , over the duration of the contract , as estimated by the grantor . this estimate shall be valid at the moment at which the concession notice is sent , or , in cases where such notice is not foreseen , at the moment at which the grantor commences the concession award procedure . where the value is modified following negotiations during the award procedure , the valid estimate shall be that indicated when the contract is signed .


### the choice of the method used to calculate the estimated value of a concession shall not be made with the intention of excluding it from the scope of this directive . a works project or an entirety of services shall not be subdivided with the effect of preventing it from falling within the scope of this directive , unless justified by objective reasons . ### the estimation of the value of a concession shall not be made with the intention of excluding it from the scope of this directive . a works project or an entirety of services shall not be subdivided with the effect of preventing it from falling within the scope of this directive , unless justified by objective reasons .


### the estimated value of a concession shall be calculated as the value of an entirety of works or services , even if purchased through different contracts , where the contracts are part of one single project . indications for the existence of one single project consist in overall prior planning and conception by the contracting authority or contracting entity , the fact that the different elements purchased fulfil a single economic and technical function or that they are otherwise logically interlinked . ### the estimated value of a concession shall be calculated as the value of an entirety of works and / or services which are part of one single concession project , including studies . the single nature of a project may in particular be demonstrated by the existence of overall prior planning and conception by the grantor , by the fact that the different elements of the project fulfil a single economic and technical function or by the fact that they are otherwise logically interlinked .


### administrative and financial penalties which are effective , proportionate and dissuasive may be imposed on applicants by the authorising officer , in accordance with article 109 of this regulation , without prejudice to article 22 of regulation no [ … . ] . ### administrative and financial penalties , which are effective , proportionate , appropriate and dissuasive and take into account the gravity , the duration and the time that has elapsed as well as the intention or degree of negligence , may be imposed on applicants by the authorising officer , in accordance with article 109 of this regulation , without prejudice to article 22 of regulation no [ … . ] . as a penalty , the authorising officer may also withdraw the funding partly or totally .


### the commission should review the methodology for estimating land - use change emission factors included in annexes viii and v to directives 2009 / 28 / ec and 98 / 70 / ec respectively in the light of adaptation to technical and scientific progress . to this end , and if warranted by the latest available scientific evidence , the commission should consider the possibility of revising the proposed crop group indirect land - use change factors , as well as introducing factors at further levels of disaggregation and including additional values should new biofuel feedstocks come to market . ### the commission should review the methodology for estimating land - use change emission factors included in annexes viii and v to directives 2009 / 28 / ec and 98 / 70 / ec respectively in the light of adaptation to technical and scientific progress . to this end , and if warranted on the basis of the latest available evidence based on the most reliable scientific model , the commission should consider the possibility of crop group indirect land - use change factors , as well as introducing factors at further levels of disaggregation and including additional values should new biofuel feedstocks come to market .