Translation of "Démarche contractuelle " (French → English) :

This includes taking into account in the assessment factors such as the level of contractual and operational standardisation of contracts, the volume and the liquidity of the relevant class of OTC derivative contract as well as the availability of fair, reliable and generally accepted pricing information in the relevant class of OTC derivative contract.

This includes taking into account in the assessment factors such as the future date from which the clearing obligation takes effect, the interconnectedness of the relevant class of derivative in the market, the level of contractual and economic standardisation of contracts, the effect on the performance and competitiveness of EU companies in the global markets, the operational and risk management ability of CCPs to handle the volume and obligations of this directive, the degree of settlement risk and counterparty credit risk and the impact of cost on the real economy and investment in particular.

6. Notes that actions for damages for breaches of the EC competition rules should be treated consistently with other non-contractual claims in so far as possible, is of the opinion that a horizontal or integrated approach could cover procedural rules that are common to collective redress mechanisms in different areas of law, and stresses that this approach must not delay or avoid the development of proposals and measures identified as necessary for the full enforcement of EC competition law; notes, furthermore, the more advanced analysis of civil competition law redress and the advanced framework for competition authorities, including t ...[+++]he European Competition Network, and that, at least in regard to some issues, this justifies moving forward rapidly, taking into account that some of the measures envisaged could be extended to non-competition law sectors; takes the view that such sectoral measures could already be proposed with regard to the particular complexities and difficulties encountered by victims of breaches of the EC competition rules;

20. Welcomes the re-launch, within the framework of the EU, of the "Barcelona Process: A Union for the Mediterranean" as a positive step in the EU's relations with the southern neighbours; believes that this new development strengthens the argument in favour of specific contractual multilateral relations also with the EU's eastern neighbours, which, compared to the southern partners, have clear European ambitions and perspectives; recalls that, as a first step, these relations should translate themselves into the establishment of a Free Trade Area, to be followed by closer relations along the lines of a European Economic Area Plus (EEA ...[+++] +), of a European Commonwealth or of specific regional cooperation frameworks;

Moreover, as an alternative to the system of joint and several liability provided for in Decision 2001/497/EC, the set now submitted contains a liability regime based on due diligence obligations where the data exporter and the data importer would be liable vis-à-vis the data subjects for their respective breach of their contractual obligations; the data exporter is also liable for not using reasonable efforts to determine that the data importer is able to satisfy its legal obligations under the clauses (culpa in eligendo) and the data subject can take action against the data exporter in this respect.

This will normally not only involve additional costs and loss of time, but also contractual uncertainty, as a withdrawal of a notification without a simultaneous abandonment of the underlying transaction means that the notifying parties are in breach of Article 4(1), raising the question of a possible application of Article 14(1)(a).