Translation of "Mistake as to existence subject-matter " (English → French) :

Second, although the subject-matter of the Act did not exist at the time of Confederation, the subject-matter does impinge upon matters of a merely local or private nature (i.e., health concerns) and as such the “newness” doctrine is not applicable.

In order to introduce a level playing field in the Union in relation to access to telephone and existing data traffic records held by a telecommunications operator or the existing recordings of telephone conversations and data traffic held by UCITS, management companies, investment companies, depositaries or any other entities regulated by this Directive, competent authorities should, in accordance with national law, be able to require existing telephone and existing data traffic records held by a telecommunications operator, in so far as permitted under national law, and existing recordings of telephone conversations as well as data tra ...[+++]ffic held by UCITS, management companies, investment companies, depositaries or any other entities regulated by this Directive, in those cases where a reasonable suspicion exists that such records relating to the subject-matter of the inspection or investigation may be relevant to prove infringements of the requirements laid down in this Directive or its implementing measures.

In order to introduce a level playing field in the Union in relation to the access to telephone and existing data traffic records held by a telecommunications operator or the existing recordings of telephone conversations and data traffic held by an investment firm, a credit institution or a financial institution, competent authorities should, in accordance with national law, be able to require existing telephone and existing data traffic records held by a telecommunications operator, insofar as permitted under national law and existing recordings of telephone conversations as well as data traffic held by an investment firm, in cases whe ...[+++]re a reasonable suspicion exists that such records related to the subject matter of the inspection or investigation may be relevant to prove insider dealing or market manipulation infringing this Regulation.

subject to the second subparagraph, to enter the premises of natural and legal persons in order to seize documents and data in any form where a reasonable suspicion exists that documents or data relating to the subject matter of the inspection or investigation may be relevant to prove a case of insider dealing or market manipulation infringing this Regulation.

The document is divided into four chapters: introductory provisions, (subject matter, definitions and confidentiality), participation (minimum conditions to participate, procedural aspects, etc.), rules for dissemination and use (ownership, protection, publication, dissemination and use of new and existing knowledge, and access rights to this) and the specific rules for participation in activities under the thematic area "fusion energy research".

The strategy comprises measures which will be implemented through existing legislative instruments and policies already in force as well as measures which cannot be integrated into existing instruments and which make up most of the subject matter of this proposal for a Directive.