### this directive lays down provisions to ensure the development and improvement of safety of the union ' s railways and improved access to the market for rail transport services by : ### this directive lays down provisions to ensure the development and improvement of safety of the union ' s railways by :


### each member state shall establish a safety authority . this authority shall be independent in its organisation , legal structure and decision making from any railway undertaking , infrastructure manager , applicant and procurement entity . ### each member state shall establish a safety authority . this authority shall be independent in its organisation , legal structure and decision making from any railway undertaking , infrastructure manager , applicant and procurement entity . the authority shall have the necessary expertise and the necessary staff resources in order to discharge its duties .


### safety levels in the union ' s rail system are generally high , in particular compared to road transport . in line with technical and scientific progress , safety should be further improved , when reasonably practicable and taking into account the expected improvement in the competitiveness of rail transport . ### safety levels in the union ' s rail system are generally high , in particular compared to road transport . in line with technical and scientific progress , safety should be further improved , so far as is reasonably practicable , and taking into account the expected improvement in the competitiveness of rail transport .


### where rules concerning existing safety methods are not covered by a csm ; ### to maintain the present safety level or where rules concerning existing safety methods are not covered by a csm ;


### ‘ national rules’ means all binding rules containing railway safety or technical requirements imposed at member state level and applicable to railway undertakings , irrespective of the body issuing them ; ### ' national rules ' means all binding rules notified by a member state containing railway safety , or technical requirements imposed at member state level and applicable to railway actors , irrespective of the body issuing them ;


### applications for single safety certificates shall be submitted to the agency . the agency shall take a decision on an application without delay and in any event not more than four months after all required information and any supplementary information requested by the agency has been submitted . if the applicant is requested to submit supplementary information , such information shall be submitted promptly . ### applications for single safety certificates shall be submitted exclusively to the agency . the agency shall take a decision on an application without delay and in any event not more than three months after receipt of the application . if the applicant is requested to submit supplementary information , such information shall be supplied within a reasonable period set by the agency that shall not exceed one month unless , in exceptional circumstances , the agency agrees to , and authorises , a time - limited extension , which shall not exceed two additional weeks . negative decisions shall be duly justified .


### when drafting the recommandations , the agency shall take account of the opinion of the users and of the stakeholders . the recommendations shall enclose a report on the results of this consultation and a report assessing the impact of the new csm to be adopted . ### when drafting the recommendations , the agency shall take account of the opinion of the users , the social partners and of other stakeholders . the recommendations shall enclose a report on the results of this consultation and a report assessing the impact of the new csm to be adopted .


### ‘ vehicle’ means a railway vehicle suitable for circulation on its own wheels on railway lines , with or without traction in a fixed or variable composition . a vehicle is composed of one or more structural and functional subsystems ; ### ' vehicle ' means a railway vehicle suitable for circulation on wheels on railway lines , with or without traction . a vehicle is composed of one or more structural and functional subsystems ;


### common safety targets and csms have been gradually introduced to ensure that safety is maintained at a high level and , when necessary and where reasonably practicable , improved . they should provide tools for assessment of the safety and performance of operators at union level as well as in the member states . common safety indicators have been established in order to assess whether systems comply with the csts and to facilitate the monitoring of railway safety performance . ### common safety targets and csms have been gradually introduced to ensure that safety is maintained at a high level and improved . they should provide tools for assessment of the safety and performance of operators at union level as well as in the member states . common safety indicators have been established in order to assess whether systems comply with the csts and to facilitate the monitoring of railway safety performance .


### the single safety certificate shall be granted by the agency on the basis of the evidence that the railway undertaking has established its safety management system in accordance with article 9 and meets the requirements laid down in tsis and in other relevant legislation in order to control risks and provide transport services safely on the network . ### the single safety certificate shall be granted by the agency on the basis of the evidence that the railway undertaking has established its safety management system in accordance with article 9 and meets the requirements laid down in tsis and in other relevant legislation in order to control risks and provide transport services safely on the network . pending effective eu - level harmonisation of all the national safety rules , and for a period of no more than four years from the date on which this regulation comes into force , the relevant national safety authorities will be required , without prejudice to the provisions of article 30 , to submit to the agency , within three months of being consulted by it , a duly substantiated opinion . such an opinion or opinions shall not be binding on the agency . in the event of disagreement , either of the parties concerned may appeal in accordance with the provisions of article 55 of regulation . . . [ regulation on the european union agency for railways ] .


### any actor of the rail system who identifies a safety risk related to defects and construction non - conformities or malfunctions of technical equipment , including those of structural sub - systems , shall report those risks to the other parties involved to enable them to take any necessary corrective actions to ensure continuous achievement of the safety performance of the rail system . ### any actor of the rail system who identifies a safety risk related to defects and construction non - conformities or malfunctions of technical equipment , including those of structural sub - systems , shall report those risks to the other parties involved , so far as is reasonably practicable , to enable them to take any necessary corrective actions to ensure continuous achievement of the safety performance of the rail system .


### any actor of the rail system who identifies a safety risk related to defects and construction non - conformities or malfunctions of technical equipment , including those of structural sub - systems , shall report those risks to the other parties involved to enable them to take any necessary corrective actions to ensure continuous achievement of the safety performance of the rail system . ### any actor of the rail system who identifies a safety risk related to defects and construction non - conformities or malfunctions of technical equipment , including those of structural sub - systems , shall report those risks to the other parties involved to enable them to take any necessary corrective actions to ensure continuous achievement of the safety performance of the rail system . it shall be ensured that safety risks can be reported easily and anonymously . they shall be notified to the agency and the national safety authority .


### member states may lay down new national rules only in the following cases : ### in application of this directive , member states shall establish binding higher national safety rules . if member state intends to introduce a new national rule which requires a higher safety level than the csts , or if a member state intends to introduce a new national safety rule which may affect operations of railway undertakings from other member states on the territory of the member state concerned , the member state shall consult all interested parties in due time and inform the agency .


### ‘ 17a . trading of medicinal products : ' all activities consisting of negotiating independently on behalf of another person the sale or the purchase of medicinal products , or billing or brokering medicinal products , apart from supplying medicinal products to the public , and not falling under the definition of wholesale distribution . ' ### ‘ 17a . trading : ' all activities consisting of negotiating independently on behalf of another person the sale or the purchase of medicinal products , active pharmaceutical ingredients or excipients , or billing medicinal products , active pharmaceutical ingredients or excipients , apart from supplying them to the public , and not falling under the definition of wholesale distribution . '


### ‘ the principles of good manufacturing practice for active substances used as starting materials referred to in point of article 46 and in article 46b shall be adopted in the form of detailed guidelines . ’ ### ‘ the principles of good manufacturing and distribution practices for active substances used as starting materials and excipients referred to in point of article 46 and in article 46b shall be adopted in the form of detailed guidelines . ’


### in order to take account of new risk profiles , while at the same time ensuring the functioning of the internal market for medicinal products , safety features designed to ensure the identification , authentication and traceability of prescription medicinal products should be established at community level . when introducing obligatory safety features for prescription medicinal products , due account should be taken of the particularities of certain products or categories of products , such as generic medicines . this includes the risk of falsifications in view of their price and past incidences in the community and abroad , as well as the consequences of falsifications for public health in view of the specific characteristics of the products concerned or of the severity of the conditions intended to be treated . ### in order to take account of new risk profiles , while at the same time ensuring the functioning of the internal market for medicinal products , mandatory safety features designed to ensure the identification , authentication and traceability of prescription medicinal products should be established at community level . when introducing obligatory safety features for prescription medicinal products , due account should be taken of the particularities of certain products or categories of products , such as generic medicines and excipients . this includes the risk of falsifications in view of their price and past incidences in the community and abroad , as well as the consequences of falsifications for public health in view of the specific characteristics of the products concerned or of the severity of the conditions intended to be treated . no later than five years after the date of entry into force of this directive , the commission should submit to the european parliament and to the council an assessment report on the application of the safety features referred to in point of article 54 of directive 2001 / 83 / ec and their estimated contribution to the reduction of the number of falsified medicines in the legal supply chain in europe . the report should include an assessment of the safety features of other categories of medicines , including medicinal products not subject to medical prescription as defined in title vi of directive 2001 / 83 / ec .


### manufacturing authorisation holders shall be liable for damages in accordance with council directive 85 / 374 / eec caused by medicinal products which are falsified in terms of their identity . ### manufacturing authorisation holders referred to in paragraph 2 shall be considered to be producers in accordance with council directive 85 / 374 / eec . they shall be liable for damage suffered by the original manufacturer , the holder of the marketing authorisation and consumers , resulting from changes that they have made to medicinal products , irrespective of whether the product is falsified or genuine .


### to comply with the principles and guidelines of good manufacturing practice for medicinal products and to use as starting materials only active substances , which have been manufactured in accordance with the detailed guidelines on good manufacturing practice for starting materials . to this end , the holder of the manufacturing authorization shall verify compliance of the active substances manufacturer with good manufacturing practices by himself or through a body accredited for this purpose by the competent authority of a member state . ’ ### to comply with the principles and guidelines of good manufacturing practice for medicinal products and to use as starting materials only active substances , which have been manufactured and distributed in accordance with the detailed guidelines on good manufacturing and distribution practices for starting materials . to this end , the holder of the manufacturing authorization shall verify compliance of the active substances manufacturer with good manufacturing practices by himself or through a body accredited for this purpose by the competent authority of a member state .


### manufacturing authorisation holders shall be liable for damages in accordance with council directive 85 / 374 / eec caused by medicinal products which are falsified in terms of their identity . ### manufacturing authorisation holders referred to in paragraph 2 shall be considered to be producers in accordance with council directive 85 / 374 / eec . they shall be liable for damage suffered by the original manufacturer , the holder of the marketing authorisation or consumers caused by medicinal products which are falsified in terms of their identity .


### importers and manufacturers of active substances used as starting materials established in the community shall notify their address to the competent authority of the member state where they are established . ### importers , manufacturers and distributors of active substances used as starting materials and excipients established in the community shall notify their address to the competent authority of the member state where they are established .


### the measures referred to in this paragraph shall take due account of the legitimate interests to protect information of a commercially confidential nature and of the protection of industrial and commercial property rights . ### the measures referred to in this paragraph shall take due account at least all of the following : the cost - effectiveness of the system , in order to guarantee that any measure that is applied is based on a cost - benefit analysis ; the proportional application of costs related to the measures to all participants in the supply chain and the linking of those costs to the price of the medicinal product concerned ; the independence of the system and the legitimate interests to protect information of commercially confidential nature and the protection of industrial and commercial property rights and personal data .


### ‘ to comply with the principles and guidelines of good manufacturing practice for medicinal products and to use as starting materials only active substances , which have been manufactured in accordance with the detailed guidelines on good manufacturing practice for starting materials . to this end , the holder of the manufacturing authorization shall verify compliance of the active substances manufacturer with good manufacturing practices by himself or through a body accredited for this purpose by the competent authority of a member state . ’ ### ‘ to comply with the principles and guidelines of good manufacturing practice for medicinal products and to use as starting materials only active substances , which have been manufactured and distributed in accordance with the detailed guidelines on good manufacturing and distribution practices for starting materials . to this end , the holder of the manufacturing authorization shall verify compliance of the active substances manufacturer with good manufacturing practices by himself or through a body accredited for this purpose by the competent authority of a member state . excipients shall be subject to the same conditions of good manufacturing and distribution practices . '


### any actor in the supply chain who packages medicinal products has to be a holder of a manufacturing authorization . in order for the safety features to be effective , the manufacturing authorization holder should only be permitted to remove , replace or cover these features under strict conditions . ### any actor in the supply chain who labels or packages medicinal products or inserts changes to the labelling or packaging of medicinal products has to be a holder of a manufacturing authorization . in order for the safety features to be effective , the manufacturing authorisation holder should only be permitted to remove , replace or cover these features under strict conditions . the strict conditions should provide adequate safeguards against falsified products entering the distribution chain and also reflect a strict duty of care of those manufacturing authorisation holders towards the original manufacturer and the marketing authorisation holder of the products and to consumers of the products .


### when adopting those measures , the commission shall consider the risk related to products or categories of products and at least all of the following : ### when adopting those measures , the commission shall consider the risk related to prescription products and at least all of the following :


### the number of incidences of falsifications in third countries and within the community ; ### the number and frequency of past incidences of reported cases of counterfeited medicines within the union and the evolution of those incidences in the past ;


### in particular the commission should be empowered to adopt measures regarding safety features that shall appear on the packaging of medicinal products subject to medical prescription and to adopt detailed rules for medicinal products introduced without being placed on the market . since those measures are of general scope and are designed to amend non - essential elements by supplementing it , they must be adopted in accordance with the regulatory procedure with scrutiny provided for in article 5a of decision 1999 / 468 / ec . ### in particular the commission should be empowered to adopt delegated acts in accordance with article 290 tfeu in respect of safety features or any other technical instrument able to confirm the authenticity of the drug that shall appear on the packaging of medicinal products subject to medical prescription and to adopt detailed rules for medicinal products introduced without being placed on the market . a standardised form of safety feature or a standardised safety measure within the union should be found .


### the following point is added : ‘ to inform the competent authority of products he gets knowledge of which are or which are suspected to be falsified in relation to the identity , history or source of products manufactured by him . ’ ### the following point is added : ‘ to inform the competent authority of products he gets knowledge of which are or which are suspected to be falsified in relation to the identity , history or source of products manufactured by him either in the legal supply chain or being sold by means of illegal internet trade .


### the commission shall adopt the measures necessary for the implementation of point of article 54 and of paragraphs and of this article . ### the commission shall adopt the measures necessary for the implementation of point of article 54 and of paragraphs and of this article . before specific measures are proposed in accordance with point of article 54 , the commission shall carry out a public impact assessment of the costs and benefits of existing safety features , as well as a consultation with the parties involved in the implementation and use of such safety features , so as to demonstrate the effectiveness of the specific measures compared with existing national arrangements .


### in particular the commission should be empowered to adopt measures regarding safety features that shall appear on the packaging of medicinal products subject to medical prescription and to adopt detailed rules for medicinal products introduced without being placed on the market . since those measures are of general scope and are designed to amend non - essential elements by supplementing it , they must be adopted in accordance with the regulatory procedure with scrutiny provided for in article 5a of decision 1999 / 468 / ec . ### in particular the commission should be empowered to adopt delegated acts in accordance with article 290 tfeu in respect of safety features that shall appear on the packaging of medicinal products subject to medical prescription and to adopt detailed rules for medicinal products introduced without being placed on the market .


### safety features making it possible to ascertain identification , authenticity and traceability of medicinal products , other than radiopharmaceuticals , subject to medical prescription as defined in title vi . ### safety features making it possible to ascertain identification , authenticity and traceability of medicinal products – other than radiopharmaceuticals , which , because of their particular characteristics , are not suitable for marketing by wholesalers and pharmacies and are therefore supplied by the manufacturer directly to clinics , where they are administered directly to patients – subject to medical prescription as defined in title vi . for generic and well - established use medicines , subject to medical prescription as defined in title vi , safety features are mandatory if the commission considers this to be necessary on a risk - based approach in accordance with article 54a . the risk - based approach shall be performed with a so - called opt - in procedure .


### the safety features referred to in point of article 54 shall not be partly or fully removed or covered - up , unless the following conditions are fulfilled : ### the safety features referred to in point of article 54 shall not be removed or covered - up .


### this regulation establishes a european union programme for social change and innovation which aims to contribute to the implementation of the europe 2020 strategy , its headline targets and integrated guidelines by providing financial support for the european union ' s objectives in terms of promoting a high level of employment , guaranteeing adequate social protection , combating social exclusion and poverty and improving working conditions . ### this regulation establishes a european union programme for social progress and innovation which aims to contribute to the implementation of the europe 2020 strategy , its headline targets and integrated guidelines by providing financial support for the european union ' s objectives in terms of promoting a high level of employment , guaranteeing adequate social protection , combating social exclusion and poverty and improving working conditions .


### social partner organisations and other interested parties . ### social partner organisations and relevant parties including regional and local authorities .


### the information provided in these annual implementation reports shall feed into the biennial monitoring reports provided for in article 13 . such monitoring reports shall include the annual reports provided for in article 8 of decision no 283 / 2010 / eu . ### the information provided in these annual implementation reports shall feed into the monitoring reports provided for in article 13 . such monitoring reports shall include the annual reports provided for in article 8 of decision no 283 / 2010 / eu .


### develop services for the recruitment and placing of workers in employment through the clearance of job vacancies and applications at european level ; this shall cover all phases of placement , ranging from pre - recruitment preparation to post - placement assistance with a view to the applicant ' s successful integration into the labour market ; such services shall include targeted mobility schemes to fill vacancies where labour market shortcomings have been identified and / or help particular groups of workers such as young people . ### develop services for the recruitment and placing of workers in sustainable employment through the clearance of job vacancies and applications at european level ; this shall cover all phases of placement , ranging from pre - recruitment preparation to post - placement assistance with a view to the applicant ' s successful integration into the labour market ; such services shall include targeted mobility schemes to fill vacancies where labour market shortcomings have been identified and / or help particular groups of workers such as young people .


### in line with the europe 2020 strategy , the programme should pursue a coherent approach to promoting employment and combating social exclusion and poverty . its implementation should be rationalised and simplified , notably through a set of common provisions including , inter alia , general objectives , typology of actions , monitoring and evaluation arrangements . the programme should also focus on large projects with clear eu added value in order to reach critical mass and reduce administrative burden for both the beneficiaries and the commission . in addition , greater use should be made of simplified cost options in particular for the implementation of mobility schemes . the programme should be a one - stop shop for microfinance providers , providing financing for micro - credit , capacity building and technical assistance . lastly , the programme should provide for budgetary flexibility through the establishment of a reserve to be allocated on an annual basis in order to respond to policy priorities . ### in line with the europe 2020 strategy , the programme should pursue a coherent approach to promoting sustainable employment and combating social exclusion and poverty . its implementation should be rationalised and simplified , notably through a set of common provisions including , inter alia , general objectives , typology of actions , monitoring and evaluation arrangements . the programme should also focus on large projects with clear eu added value in order to reach critical mass and reduce administrative burden for both the beneficiaries and the commission . in addition , greater use should be made of simplified cost options . the programme should be a one - stop shop for microfinance providers at community level , providing financing for micro - credit , capacity building and technical assistance . lastly , the programme should provide for budgetary flexibility through the establishment of a reserve to be allocated on an annual basis in order to respond to policy priorities .


### networking and cooperation among specialist bodies , national , regional and local authorities , and employment services at european level ; ### networking and cooperation among specialist bodies and other relevant stakeholders , national , regional and local authorities , and employment services at european level ;


### ' social enterprise ' means an enterprise whose primary objective is to achieve social impact rather than generate profit for owners and stakeholders . it operates in the market through the production of goods and services in an entrepreneurial and innovative way , and uses surpluses mainly to achieve social goals . it is managed in an accountable and transparent way , in particular by involving workers , customers and stakeholders affected by its business activity . ### ' social enterprise ' means an enterprise whose primary goal is to achieve social objectives rather than generating profit for its owners , members and stakeholders . it operates in the market through the production of goods and services in an entrepreneurial and innovative way , and mainly reinvests surpluses to further promote its social objectives . it is managed in an accountable and transparent way , in particular by involving workers , customers and stakeholders affected by its business activity .


### the commission may cooperate with third countries not participating in the programme . representatives of such third countries may attend events of mutual interest that take place in countries participating in the programme and the cost of their attendance may be covered by the programme . ### the commission may cooperate with third countries not participating in the programme . representatives of such third countries may attend events of mutual interest that take place in countries participating in the programme and the cost of their attendance may be co - financed by the programme .


### grossly unfair contractual clauses member states shall provide that a clause in a contract relating to the date for payment , the rate of interest for late payment or recovery costs shall either be unenforceable or shall give rise to a claim for damages if it is grossly unfair to the creditor . in determining whether a clause is grossly unfair to the creditor , all circumstances of the case shall be considered , including good commercial practice and the nature of the product or the service . account shall also be taken of whether the debtor has any objective reason to deviate from the statutory rate of interest or from article 3 , article 4 or article 5 . ### does not affect english version .


### member states shall ensure that the maximum duration of a procedure of acceptance or verification referred to in paragraph 2 shall not exceed 30 days , unless otherwise specified and duly justified in the tender documents and the contract . ### member states shall ensure that the maximum duration of a procedure of acceptance or verification referred to in paragraph 2 shall not exceed 30 days , unless otherwise specified and duly justified by a reference to special circumstances in the tender documents and the contract .


### innovation to improve resource efficiency is required across the economy to improve competitiveness in the context of rising resource prices , scarcity and supply constraints . the business sector is the prime driver of innovation , including eco - innovation . however , markets will not deliver on their own . government action , at union and member state level , is essential to provide the right framework conditions for eco - innovation , stimulating the development of sustainable business or technological solutions to environmental challenges . ### research and innovation to improve resource efficiency is required across the economy to improve competitiveness in the context of rising resource prices , scarcity and supply constraints . there is a need for innovation in the energy consumption of agricultural machinery in order to increase energy efficiency and reduce co2 emissions , as well as a need to incentivise the modernisation of farms in order to adopt innovative methods and technology . the business sector is the prime driver of innovation , including eco - innovation . however , markets will not deliver on their own . government action , at union and member state level , is essential to provide the right framework conditions for eco - innovation , stimulating the development of sustainable business or technological solutions to environmental challenges .


### protecting , conserving and enhancing the eu’s natural capital therefore also requires tackling problems at source through , inter alia , better integration of natural capital objectives into other policies , ensuring that policies are coherent and deliver co - benefits . the greening elements set out in the commission’s reform proposals , notably for eu agriculture , fisheries and cohesion policy , backed by the proposals for greening the eu budget under the multi - annual financial framework 2014 - 2020 are designed to support these objectives . for instance , aquatic ecosystems in rural areas should benefit from the linking of farm payments to compliance with relevant requirements of the wfd as set out in the commission ' s proposals for the reform of the cap . greening of the cap will also promote the environmentally beneficial agricultural practices of crop diversification , the protection of permanent grassland , and the establishment and maintenance of ecologically valuable farmland and forest areas . ### protecting , conserving and enhancing the eu’s natural capital therefore also requires tackling problems at source through , inter alia , better integration of natural capital objectives into other policies , ensuring that policies are coherent and deliver co - benefits . the greening elements set out in the commission’s reform proposals , notably for eu agriculture , fisheries and cohesion policy , backed by the proposals for greening the eu budget under the multi - annual financial framework 2014 - 2020 are designed to support these objectives . for instance , aquatic ecosystems in rural areas should benefit from the linking of farm payments to compliance with objective and measurable criteria of the wfd . greening of the cap will also promote the environmentally beneficial agricultural practices of crop diversification , the protection of permanent grassland , and the establishment and maintenance of ecologically valuable farmland and forest areas . an essential element in this sustainable agriculture is farming in a spirit of responsibility for future generations which at the same time makes sparing use of resources and is productive .


### industry ' s uptake of the best available techniques under the industrial emissions directive will deliver improved resource use patterns and reduced emissions for over 50 000 major industrial installations in the eu , thus making a significant contribution to stimulating the development of innovative techniques , greening the economy and reducing costs for industry in the longer term . ### industry ' s uptake of the best available techniques under the industrial emissions directive will deliver improved resource use patterns and reduced emissions for over 50 000 major industrial installations in the eu , thus making a significant contribution to stimulating the development of innovative techniques , greening the economy and reducing costs for industry in the longer term . at the same time the creation of short supply chains and local markets for agricultural products can significantly reduce co2 emissions from the transport of food . short supply routes provide more fresh and healthy food .


### to reduce the most significant man - made pressures on land , soil and other ecosystems in europe , action will be taken to ensure that decisions relating to land use at all relevant levels give proper consideration to environmental as well as social and economic impacts . the rio + 20 summit outcome called for a ' land degradation neutral world ' . the eu and member states should reflect on how best to make such a commitment operational within their respective competencies as well as to address soil quality issues within a binding legal framework . targets will also be set for sustainable land use and soil . ### to reduce the most significant man - made pressures on land , soil and other ecosystems in europe , action will be taken at national level to ensure that decisions relating to land use at all relevant levels give proper consideration to environmental as well as social and economic impacts . the rio + 20 summit outcome called for a ' land degradation neutral world ' . such a commitment could best be honoured within the member states . in view of the subsidiarity principle , soil quality issues can best be addressed within binding legal frameworks at the level of the member states . targets will also be set for sustainable land use and soil .


### member states shall take the necessary measures to ensure that the intentional conduct referred to in paragraphs 2 to 5 is punishable . ### since criminal law systems are an integral aspect of the legal order of each individual member state , member states shall take the necessary measures to ensure that the forms of intentional conduct described below are laid down in law as criminal offences and , in accordance with their systems of criminal penalties , are punished by means of the imposition of sentences which reflect their seriousness .


### child pornography , which constitutes sex abuse images , is a specific type of content which cannot be construed as the expression of an opinion . to combat it , it is necessary to reduce the circulation of child abuse material by making it more difficult for offenders to upload such content onto the publicly accessible web . action is therefore necessary to remove the content at source and apprehend those guilty of making distributing or downloading child abuse images . the eu , in particular through increased cooperation with third countries and international organisations , should seek to facilitate the effective removal by third country authorities of websites containing child pornography , which are hosted in their territory . however as , despite such efforts , the removal of child pornography content at its source proves to be difficult where the original materials are not located within the eu , mechanisms should also be put in place to block access from the union ' s territory to internet pages identified as containing or disseminating child pornography . for that purpose , different mechanisms can be used as appropriate , including facilitating the competent judicial or police authorities to order such blocking , or supporting and stimulating internet service providers on a voluntary basis to develop codes of conduct and guidelines for blocking access to such internet pages . both with a view to the removal and the blocking of child abuse content , cooperation between public authorities should be established and strengthened , particularly in the interest of ensuring that national lists of websites containing child pornography material are as complete as possible and of avoiding duplication of work . any such developments must take account of the rights of the end users , adhere to existing legal and judicial procedures and comply with the european convention on human rights and the charter of fundamental rights of the european union . the safer internet programme has set up a network of hotlines whose goal is to collect information and to ensure coverage and exchange of reports on the major types of illegal content online . ### child pornography , which constitutes sex abuse images , is a specific type of content which cannot be construed as the expression of an opinion . to combat it , it is necessary to reduce the circulation of child abuse material by making it more difficult for offenders to upload such content onto the publicly accessible web . action is therefore necessary to remove the content at source as quickly as possible as well as to apprehend and take action against those who are under strong suspicion of making , distributing or downloading child abuse images . the eu , in particular through increased cooperation with third countries and with the help of bilateral or multilateral agreements , should seek to facilitate the effective removal of internet pages containing or disseminating child abuse material as well as facilitate the criminal prosecution by third country authorities of persons in their territory who placed child abuse material on websites or caused its distribution over the internet . however as , despite such efforts , the removal of child pornography content at its source proves to be difficult where the original materials are not located within the eu , member states may implement additional measures to restrict access by internet users in their territory to internet pages containing or disseminating child abuse material . for that purpose , different mechanisms can be used as appropriate , including facilitating the competent judicial or police authorities to order additional measures , such as blocking , or supporting and stimulating internet service providers on a voluntary basis to develop codes of conduct and guidelines for restricting access to such internet pages . all technical measures to eliminate or restrict access to internet pages containing or disseminating child abuse material should be subject to a strengthened cooperation between public authorities , particularly in the interest of ensuring that national lists of websites containing child pornography material are as complete as possible and of avoiding duplication of work . any such measures must respect the rights of the end users , adhere to existing legal and judicial procedures and comply with the european convention on human rights and the charter of fundamental rights of the european union . the safer internet programme has set up a network of hotlines whose goal is to collect information and to ensure coverage and exchange of reports on the major types of illegal content online .


### in order to avoid the risk of repetition of offences , member states shall take the necessary measures to ensure that a natural person who has been convicted of any of the offences referred to in articles 3 to 7 may be temporarily or permanently prevented from exercising activities involving regular contacts with children . ### in order to avoid the risk of repetition of offences , member states shall take the necessary measures to ensure that a natural person who has been convicted of any of the offences referred to in articles 3 to 7 may be temporarily or permanently prevented from exercising activities involving contacts with children who are being placed in their care .


### where the danger posed by the offenders and the possible risks of repetition of the offences make it appropriate , convicted offenders should be temporarily or permanently prevented from exercising activities involving regular contacts with children , where appropriate . implementation of such prohibitions throughout the eu should be facilitated . ### where the danger posed by the offenders and the possible risks of repetition of the offences make it appropriate , convicted offenders should be temporarily or permanently prevented from exercising activities involving regular contacts with persons under the age of 18 years , where appropriate . implementation of such prohibitions throughout the eu - in keeping with existing data protection rules - should be facilitated . procedures should be implemented in line with the legislation in force in the member states .


### member states shall take the necessary measures to ensure that the intentional conduct referred to in paragraphs 2 to 6 is punishable . ### since criminal law systems are an integral aspect of the legal order of each individual member state , member states shall take the necessary measures to ensure that the forms of intentional conduct described below are laid down in law as criminal offences and , in accordance with their systems of criminal penalties , are punished by means of the imposition of sentences which reflect their seriousness .


### member states shall take the necessary measures to ensure that effective intervention programmes or measures are made available with a view to preventing and minimising the risks of repeated offences of a sexual nature against children . these programmes or measures shall be accessible at any time during the criminal proceedings , inside and outside prison , according to the conditions laid down in national law . ### member states shall take the necessary measures to ensure that effective accredited sex offender treatment programmes are made available or measures put in place with a view to preventing and minimising the risks of repeated offences of a sexual nature against children . these accredited sex offender treatment programmes or measures shall be accessible at any time during the criminal proceedings , inside and outside prison , according to the conditions laid down in national law . member states shall offer counselling and advice programmes to support the immediate families of male or female perpetrators .


### investigating offences and bringing charges in criminal proceedings should be facilitated , to take into account the difficulty for child victims of denouncing abuse and the anonymity of offenders in cyberspace . to ensure successful investigations and prosecutions of the offences referred to in this directive , effective investigation tools should be made available to those responsible for the investigation and prosecutions of such offences . these tools may include covert operations , interception of communications , covert surveillance including electronic surveillance , monitoring of bank accounts or other financial investigations . ### investigating offences and bringing charges in criminal proceedings should be facilitated , to take into account the difficulty for child victims of denouncing abuse and the anonymity of offenders in cyberspace . to ensure successful investigations and prosecutions of the offences referred to in this directive , effective investigation tools , including the activation of early warning systems , should be made available to those responsible for the investigation and prosecutions of such offences . these investigations should be subject to prior authorisation by the relevant judicial authority in the member state concerned and should be carried out under the supervision of that authority .


### where the danger posed by the offenders and the possible risks of repetition of the offences make it appropriate , convicted offenders should be temporarily or permanently prevented from exercising activities involving regular contacts with children , where appropriate . implementation of such prohibitions throughout the eu should be facilitated . ### where the danger posed by the offenders and the possible risks of repetition of the offences make it appropriate , convicted offenders should be temporarily or permanently prevented from exercising professional activities involving regular contacts with children , where appropriate . implementation of such prohibitions throughout the eu should be facilitated .


### member states shall take the necessary measures to enable investigative units or services to attempt to identify the victims of the offences referred to in articles 3 to 7 , in particular by analysing child pornography material , such as photographs and audiovisual recordings transmitted or made available by means of information and communication technology . ### member states shall take the necessary measures to enable and support investigative units or services to attempt to identify without delay the victims of the offences referred to in articles 3 to 7 , in particular by analysing child pornography material , such as photographs and audiovisual recordings transmitted or made available by means of information and communication technology .


### member states shall take the necessary measures to ensure that the intentional conduct referred to in paragraphs 2 to 11 is punishable . ### since criminal law systems are an integral aspect of the legal order of each individual member state , member states shall take the necessary measures to ensure that the forms of intentional conduct described below are laid down in law as criminal offences and , in accordance with their systems of criminal penalties , are punished by means of the imposition of sentences which reflect their seriousness .


### without prejudice to the above , member states shall take the necessary measures to obtain the removal of internet pages containing or disseminating child pornography . ### pending the removal , member states shall take the necessary complementary measures to ensure that access to webpages containing or disseminating child pornography are blocked without delay towards the internet users in their territory . the blocking of access shall be subject to adequate safeguards , in particular to ensure that the blocking , taking into account technical characteristics , is limited to what is necessary , that users are informed of the reason for the blocking and that content providers , as far as possible , are informed of the possibility of challenging it .


### without prejudice to the above , member states shall take the necessary measures to obtain the removal of internet pages containing or disseminating child pornography . ### without prejudice to the above , member states shall take the necessary measures within the appropriate legal , regulatory and self - regulatory framework to ensure the removal of webpages containing or disseminating child pornography hosted in their territory and to endeavour to obtain the removal of such pages hosted outside of their territory .


### member states shall take the necessary measures to ensure that the following intentional conduct is punishable : ### member states shall take the necessary measures to prevent or prohibit the following forms of intentional conduct and lay them down in law as criminal offences and , in accordance with their systems of criminal penalties , punish them by means of the imposition of sentences which reflect their seriousness :


### by way of derogation from articles 7 and 9 of the council framework decision 2009 / 315 / jha on the organisation and content of the exchange of information extracted from criminal records between member states , member states shall take the necessary measures to ensure that , for the purpose of effectively implementing the measure consisting in temporarily or permanently preventing the person from exercising activities involving regular contacts with children , in particular insofar as the requesting member state subjects access to certain activities to conditions to ensure that candidates have not been convicted of any of the offences referred to in articles 3 to 7 of this directive , information concerning the disqualification arising from conviction of any of the offences referred to in articles 3 to 7 of this directive is transmitted when requested under article 6 of that framework decision from the central authority of the member state of the person ' s nationality , and that personal data concerning such disqualification provided under article 7 and of that framework decision may in all cases be used for such purpose . ### member states shall require authorities to ensure that candidates for professions working with children and / or persons involved in regular activities with children do not hold a criminal record including offences in relation to the offences governed by articles 3 to 8 of this directive . where applicable , the criminal record of any member state in which the candidate was resident for more than two years should be checked . by way of derogation from articles 7 and 9 of the council framework decision 2009 / 315 / jha on the organisation and content of the exchange of information extracted from criminal records between member states , member states shall take the necessary measures to ensure that , for the purpose of effectively implementing the measure consisting in temporarily or permanently preventing the person from exercising activities involving regular contacts with children , in particular insofar as the requesting member state subjects access to certain activities to conditions to ensure that candidates have not been convicted of any of the offences referred to in articles 3 to 7 of this directive , information concerning the disqualification arising from conviction of any of the offences referred to in articles 3 to 7 of this directive is transmitted when requested under article 6 of that framework decision from the central authority of the member state of the person ' s nationality , and that personal data concerning such disqualification provided under article 7 and of that framework decision may in all cases be used for such purpose .


### flexible working - time arrangements are an essential element of a modern and efficient public administration allowing for family - friendly working conditions and enabling a suitable gender balance within the institutions . it is therefore necessary to introduce an explicit reference to these arrangements in the staff regulations . ### flexible working - time arrangements and access to teleworking arrangements are essential elements of a modern and efficient public administration allowing for family - friendly working conditions and enabling an effective gender balance within the institutions . it is therefore necessary to introduce an explicit reference to these arrangements in the staff regulations .


### if the european parliament finds that any of the conditions or requirements referred to in paragraph 1 are no longer satisfied , the provisions provided for in article 11 or in article 22 or in both shall apply , having due regard to the provisions of article 23 . ### if the european parliament , after having consulted the committee of independent eminent persons , finds that any of the conditions or requirements referred to in articles 3 , 4 and 5 are no longer satisfied , the provisions provided for in article 11 or in article 22 or in both shall apply , having due regard to the provisions of article 23 .


### the democratic election of and democratic decision - making processes for all other governing bodies , specifying for each its powers , responsibilities and composition , and including the modalities for the appointment and dismissal of its members and clear and transparent criteria for the selection of candidates and the election of office - holders , whose mandate must be limited in time but may be renewable , ### the democratic election of and democratic decision - making processes for all other governing bodies , specifying for each its powers , responsibilities and composition , and including the modalities for the appointment and dismissal of the members of those bodies , and clear and transparent criteria for the selection of candidates and the election of the leader of the party and other office - holders , whose mandate must be limited in time but may be renewable ,


### from the list of members of a european political party , annexed to the party statutes in accordance with article 4 and updated in accordance with article 6 , the european parliament shall publish the total number of members , the identity of the legal persons that are members , as well as the names of those natural persons who have given their express written consent to their publication . european political parties shall request this consent as a matter of course from all natural persons who are members . ### the european parliament shall publish the list of affiliate member parties of a european political party , annexed to the party statutes in accordance with article 4 and updated in accordance with article 6 .


### the european political party and the european political foundation shall have full legal recognition and capacity in all member states . ### the european political party and the european political foundation shall have full legal capacity in all member states .


### the updated list of members of a european political party , annexed to the party statutes in accordance with article 4 , shall be sent to the european parliament on a yearly basis , but within four weeks of any changes following which the european political party may no longer satisfy the requirement in article 3 . ### the updated list of affiliate member parties of a european political party , annexed to the party statutes in accordance with article 4 , shall be sent to the european parliament on a yearly basis , but within four weeks of any changes following which the european political party may no longer satisfy the requirement in article 3 .


### the european political parties and the european political foundations should be governed by the substantive rules set out in this regulation , and by national law in the member states , in particular that of the member state where they have their respective seat and for the purposes of which they should identify the appropriate legal form , which must correspond to a form of legal entity recognised in the legal order of that member state . ### the european political parties and the european political foundations should be governed by the substantive rules set out in this regulation , and , in matters not , or only partly , regulated by this regulation or their respective statutes , by national law in the member states , in particular that of the member state where they have their respective seat .


### truly transnational european political parties and their affiliated european political foundations have a key role to play in articulating the voices of citizens at european level by bridging the gap between politics at national and union level . ### truly transnational european political parties and their affiliated european political foundations have a key role to play in articulating the voices of citizens at european level .


### the admission , resignation and exclusion of the party ' s members , with the list of members annexed to it , ### the admission , resignation and exclusion of the party ' s members , with the regularly updated list of members annexed to it ,


### ‘ regional parliament’ or ‘ regional assembly’ means a body whose members either hold a regional electoral mandate or are politically accountable to an elected assembly , ### ‘ regional parliament’ or ‘ regional assembly’ means a body with legislative powers under the constitutional law of a member state , as notified to the european parliament ,


### the penalties imposed pursuant to this article shall apply to all european political parties and european political foundations irrespective of whether they receive union funding . the authorising officer responsible may impose administrative and / or financial penalties in accordance with article [ 96 ] of the financial regulation and article [ 145 ] of its rules of application on any european political party or european political foundation that is in one of the cases referred to in article [ 96 ] of the financial regulation not covered by the paragraphs above . ### the penalties imposed pursuant to this article shall apply to only those european political parties and european political foundations that receive union funding . the authorising officer responsible may impose administrative and / or financial penalties in accordance with article [ 96 ] of the financial regulation and article [ 145 ] of its rules of application on any european political party or european political foundation that is in one of the cases referred to in article [ 96 ] of the financial regulation not covered by the paragraphs above .


### the names of donors and their corresponding donations reported by the european political parties and european political foundations in accordance with article 15 , and , with the exception of donations from natural persons not exceeding a value of eur 1 000 per year and per donor which shall be reported as ‘ minor donations’ , ### the names of donors and their corresponding donations reported by the european political parties and european political foundations in accordance with article 15 , and , with the exception of donations from natural persons not exceeding a value of eur 5000 per year and per donor which shall be reported as ‘ minor donations’ ,


### the name of the party , which must be clearly distinguishable , also in its short form , from that of any existing european political party , ### the unique name of the party , and its emblem or logo , which shall not represent religious signs and symbols ,


### european political parties should not fund , directly or indirectly , other political parties and in particular national parties or candidates . european political foundations should not fund , directly or indirectly , european or national political parties or candidates . moreover , european political parties and their affiliated european political foundations should not finance national referenda campaigns . these principles reflect declaration no 11 on article 191 of the treaty establishing the european community annexed to the final act of the treaty of nice . ### european political parties should not fund , directly or indirectly , other political parties and in particular national parties or candidates . european political foundations should not fund , directly or indirectly , european or national political parties or candidates . moreover , european political parties and their affiliated european political foundations should not finance national , regional or local referenda campaigns which do not concern questions relating to the european union .


### goods the production of which involved more than one country or territory shall be deemed to originate in the country or territory where they underwent their last substantial transformation . ### goods whose production involved more than one country shall be deemed to originate in the country where they underwent their last , substantial , economically justified processing or working in an undertaking equipped for that purpose and resulting in the manufacture of a new product or representing an important stage of manufacture .


### the commission may authorise the member states , on their request , to test for a limited period of time simplifications in the application of the customs legislation using electronic data - processing techniques . ### the commission may authorise one or more member states , on their request , to test for a limited period of time further simplifications in the application of the customs legislation . those simplifications shall include non - essential elements of this regulation using electronic data - processing techniques related to the following : applications and authorisations concerning a customs procedure or the status of authorised economic operator ; applications and special decisions granted in accordance with article 32 ; common risk management , as referred to in article 39 ; the standard form and content of the data to be registered ; maintenance of those data , by the customs authorities of members states ; the rules for access to those data by : economic operators , other competent authorities . once the time limit of the test has expired , the commission shall undertake an evaluation in order to determine its benefits .


### upon application , the customs authorities may authorise a person to use simplifications regarding the placement of goods under the union transit procedure and regarding the end of that procedure . ### upon application , the customs authorities may authorise a person to use simplifications regarding the placement of goods under the union transit procedure and regarding the end of that procedure , including the use of a manifest transmitted by data exchange systems as a transit declaration by any airline or shipping line that operates a significant number of flights or voyages between member states .


### the commission shall be empowered to adopt delegated acts in accordance with article 243 , ### the commission shall be empowered to adopt delegated acts in accordance with article 243 , supplementing the requirements on the proof of origin referred to in article 54 .


### member states shall communicate their contingency plans to the commission and to the other member states on request . ### member states shall communicate their contingency plans to the commission , to other member states and to concerned professional operators on request .


### the release of the updated scoreboard shall be accompanied by a commission report containing an economic and financial assessment putting the movement of the indicators into perspective , drawing if necessary on any other economic and financial indicator relevant to detection of imbalances . the report shall also indicate whether the crossing of lower or upper thresholds in one or more member states signifies the possible emergence of imbalances . ### the release of the updated scoreboard shall be accompanied by a commission report containing an economic and financial assessment of competitiveness , putting the movement of the indicators into perspective , drawing if necessary on any other economic and financial indicator relevant to detection of imbalances . the report shall also indicate whether the crossing of lower or upper thresholds in one or more member states signifies the possible emergence of imbalances .


### to ensure proper coordination of inquires into the causes of accidents and incidents , the safety investigation authority shall cooperate with other authorities in particular through advance arrangements with the judicial , civil aviation , search and rescue and other authorities likely to be involved in the investigation . ### to ensure proper coordination of inquiries into the causes of accidents and incidents , the safety investigation authority shall cooperate with other authorities in particular through advance arrangements with the judicial , civil aviation , search and rescue and other authorities likely to be involved in the investigation . the advance arrangements shall cover among others the following subjects : access to the site of the accident ; b ) preservation of and access to evidence ; c ) initial and ongoing debriefings of the status of each process ; d ) exchange of information ; e ) prevention of the inappropriate use of safety information ; f ) resolution of conflicts .


### safety investigations referred to in paragraph 1 and 3 shall in no case be concerned with apportioning blame or liability . they shall be separate from and without prejudice to any judicial or administrative proceedings to apportion blame or liability . ### safety investigations referred to in paragraph 1 and 3 shall in no case be concerned with apportioning blame or liability . they shall be independent of any judicial or administrative proceedings . member states shall enact appropriate legislation to coordinate accident investigations with judicial or administrative proceedings and to prevent the inappropriate use of safety information .


### de - identified ; or ### de - identified ; and


### the flight data recorder recordings shall not be made available or used for purposes other than safety investigation , except when such records are : used for airworthiness or maintenance purposes only ; or de - identified ; or disclosed under secure procedures . ### the flight data recordings shall not be made available or used for purposes other than safety investigation , except when such records are : used for airworthiness or maintenance purposes only ; and de - identified ; and disclosed under secure procedures .


### ' causes ' means actions , omissions , events , conditions , or a combination thereof , which led to the accident or incident ; the identification of causes does not imply the assignment of fault or the determination of administrative , civil or criminal liability ; ### ‘ factors ' means actions , omissions , events , conditions , or a combination thereof , which led to the accident or incident ; the identification of factors does not imply the assignment of fault or the determination of administrative , civil or criminal liability ;


### by way of derogation from article 16 of directive 2003 / 87 / ec , member states shall take no action against aircraft operators in respect of requirements set out in article 12 and article 14 of directive 2003 / 87 / ec arising before 1 january 2014 in respect of activity to or from aerodromes in countries outside the european union that are not members of efta , dependencies and territories of eea member states or countries having signed a treaty of accession with the union , where such aircraft operators have not been issued free allocations for such activity in respect of 2012 or , if they have been issued such allowances , have returned a corresponding number of allowances to member states for cancellation . ### by way of derogation from article 16 of directive 2003 / 87 / ec , member states shall take no action against aircraft operators in respect of requirements set out in article 12 and article 14 of directive 2003 / 87 / ec arising before 1 may 2014 in respect of activity inside the eu and eea and to or from aerodromes in countries outside the european union , where such aircraft operators have not been issued free allocations for such activity in respect of the relevant year or , if they have been issued such allowances , have returned a corresponding number of allowances to member states for cancellation .


### by way of derogation from article 16 of directive 2003 / 87 / ec , member states shall take no action against aircraft operators in respect of requirements set out in article 12 and article 14 of directive 2003 / 87 / ec arising before 1 january 2014 in respect of activity to or from aerodromes in countries outside the european union that are not members of efta , dependencies and territories of eea member states or countries having signed a treaty of accession with the union , where such aircraft operators have not been issued free allocations for such activity in respect of 2012 or , if they have been issued such allowances , have returned a corresponding number of allowances to member states for cancellation . ### by way of derogation from article 16 of directive 2003 / 87 / ec , member states shall take no action against aircraft operators in respect of requirements set out in article 12 and article 14 of directive 2003 / 87 / ec arising before 1 january 2014 in respect of activity to or from aerodromes in countries outside the european union that are not members of eea , dependencies and territories of eea member states or countries having signed a treaty of accession with the union , where such aircraft operators have not been issued free allocations for such activity in respect of 2012 or , if they have been issued such allowances , have returned a corresponding number of allowances to member states for cancellation .


### by way of derogation from article 16 of directive 2003 / 87 / ec , member states shall take no action against aircraft operators in respect of requirements set out in article 12 and article 14 of directive 2003 / 87 / ec arising before 1 january 2014 in respect of activity to or from aerodromes in countries outside the european union that are not members of efta , dependencies and territories of eea member states or countries having signed a treaty of accession with the union , where such aircraft operators have not been issued free allocations for such activity in respect of 2012 or , if they have been issued such allowances , have returned a corresponding number of allowances to member states for cancellation . ### by way of derogation from article 16 of directive 2003 / 87 / ec , member states shall take no action against aircraft operators in respect of requirements set out in article 12 and article 14 of directive 2003 / 87 / ec arising before 1 may 2014 in respect of activity within the eu and from aerodromes in countries outside the european union where such aircraft operators have not been issued free allocations for such activity in respect of the relevant year or , if they have been issued such allowances , have returned a corresponding number of allowances to member states for cancellation .


### in addition , there is demand on the part of content , applications and services providers , for the provision of transmission services based on flexible quality parameters , including lower levels of priority for traffic which is not time - sensitive . the possibility for content , applications and service providers to negotiate such flexible quality of service levels with providers of electronic communications to the public is necessary for the provision of specialised services and is expected to play an important role in the development of new services such as machine - to - machine communications . at the same time such arrangements should allow providers of electronic communications to the public to better balance traffic and prevent network congestion . providers of content , applications and services and providers of electronic communications to the public should therefore be free to conclude specialised services agreements on defined levels of quality of service as long as such agreements do not substantially impair the general quality of internet access services . ### in addition , there is demand on the part of content , applications and services providers , for the provision of transmission services based on flexible quality parameters , including lower levels of priority for traffic which is not time - sensitive . the possibility for content , applications and service providers to negotiate such flexible quality of service levels with providers of electronic communications to the public could foster the development of new services such as machine - to - machine communications . at the same time such arrangements should allow providers of electronic communications to the public to better balance traffic and prevent network congestion . providers of content , applications and services and providers of electronic communications to the public should therefore be free to conclude specialised services agreements on defined levels of quality of service as long as such defined levels of quality are technically necessary for the functionality of the service and these agreements do not impair the quality of internet access services , in accordance with the principle of net neutrality .


### minimise the effects of temporary or exceptional network congestion provided that equivalent types of traffic are treated equally . ### minimise the effects of temporary or exceptional network congestion provided that all traffic is treated equally .


### ‘ specialised service’ means an electronic communications service or any other service that provides the capability to access specific content , applications or services , or a combination thereof , and whose technical characteristics are controlled from end - to - end or provides the capability to send or receive data to or from a determined number of parties or endpoints ; and that is not marketed or widely used as a substitute for internet access service ; ### ' specialised service ' means an electronic communications service , operated within closed electronic communications networks using the internet protocol with strict admission control ; and that is not marketed or used as a substitute for internet access service or functionally identical to services available over the public internet access service ;


### national regulatory authorities shall closely monitor and ensure the effective ability of end - users to benefit from the freedoms provided for in article 23 and , compliance with article 23 , and the continued availability of non - discriminatory internet access services at levels of quality that reflect advances in technology and that are not impaired by specialised services . they shall , in cooperation with other competent national authorities , also monitor the effects of specialised services on cultural diversity and innovation . national regulatory authorities shall report on an annual basis to the commission and berec on their monitoring and findings . ### national regulatory authorities shall closely monitor and ensure the effective ability of end - users to benefit from the freedoms provided for in article 23 and , compliance with article 23 , and the continued availability of non - discriminatory internet access services in accordance with the principle of net neutrality and at levels of quality that reflect advances in technology and that are not impaired by specialised services . they shall , in cooperation with other competent national authorities , also monitor the effects of specialised services on cultural diversity and innovation . national regulatory authorities shall report on an annual basis to the commission and berec on their monitoring and findings .


### in an open internet , providers of electronic communications to the public should , within contractually agreed limits on data volumes and speeds for internet access services , not block , slow down , degrade or discriminate against specific content , applications or services or specific classes thereof except for a limited number of reasonable traffic management measures . such measures should be transparent , proportionate and non - discriminatory . reasonable traffic management encompasses prevention or impediment of serious crimes , including voluntary actions of providers to prevent access to and distribution of child pornography . minimising the effects of network congestion should be considered reasonable provided that network congestion occurs only temporarily or in exceptional circumstances . ### in an open internet , providers of electronic communications to the public shall not block , slow down , degrade or discriminate against specific content , applications or services or specific classes thereof except for a limited number of clearly defined reasonable traffic management measures . such measures shall be transparent , proportionate and non - discriminatory . reasonable traffic management could encompass voluntary actions of providers to prevent access to and distribution of child pornography subject to judicial review . minimising the effects of network congestion could be considered reasonable provided that network congestion occurs only temporarily or in exceptional circumstances .


### in order to enable the provision of specialised services to end - users , providers of content , applications and services and providers of electronic communications to the public shall be free to enter into agreements with each other to transmit the related data volumes or traffic as specialised services with a defined quality of service or dedicated capacity . the provision of specialised services shall not impair in a recurring or continuous manner the general quality of internet access services . ### in order to enable the provision of specialised services to end - users , providers of content , applications and services and providers of electronic communications to the public shall be free to enter into agreements with each other to transmit the related data volumes or traffic within closed electronic communications networks as specialised services with a defined quality of service or dedicated capacity , which are not functionally identical to services available over the public internet access service . the provision of specialised services shall not impair the quality of internet access services . where network capacity is shared between internet access services and specialised services , the provider of these services shall publish clear and unambiguous criteria based on which network capacity is shared .


### end - users shall also be free to agree with either providers of electronic communications to the public or with providers of content , applications and services on the provision of specialised services with an enhanced quality of service . ### end - users shall also be free to agree with either providers of electronic communications to the public or with providers of content , applications and services on the provision of specialised services with an enhanced quality of service . where such agreements are concluded with the provider of internet access services , that provider shall ensure that the enhanced quality of service is not to the detriment of the performance , affordability or quality of internet access services , in accordance with the principle of net neutrality .


### within the limits of any contractually agreed data volumes or speeds for internet access services , providers of internet access services shall not restrict the freedoms provided for in paragraph 1 by blocking , slowing down , degrading or discriminating against specific content , applications or services , or specific classes thereof , except in cases where it is necessary to apply reasonable traffic management measures . reasonable traffic management measures shall be transparent , non - discriminatory , proportionate and necessary to : ### providers of internet access services shall not restrict the rights provided for in paragraph 1 by blocking , slowing down , degrading , altering or discriminating against specific content , applications or services , or specific classes thereof , except in certain special cases where it is necessary to apply reasonable traffic management measures . reasonable traffic management measures shall be transparent , non - discriminatory , and strictly proportionate and necessary to


### end - users shall be free to access and distribute information and content , run applications and use services of their choice via their internet access service . ### end - users have the right to access and distribute information and content , run applications and use services or devices of their choice via their internet access service , in accordance with the principle of net neutrality .


### in order to enable the provision of specialised services to end - users , providers of content , applications and services and providers of electronic communications to the public shall be free to enter into agreements with each other to transmit the related data volumes or traffic as specialised services with a defined quality of service or dedicated capacity . the provision of specialised services shall not impair in a recurring or continuous manner the general quality of internet access services . ### in order to enable the provision of specialised services to end - users , providers of content , applications and services and providers of electronic communications to the public may enter into agreements with each other to transmit the related data volumes or traffic as specialised services with a defined quality of service or dedicated capacity . the provision of specialised services shall not impair the quality of internet access services .


### within the limits of any contractually agreed data volumes or speeds for internet access services , providers of internet access services shall not restrict the freedoms provided for in paragraph 1 by blocking , slowing down , degrading or discriminating against specific content , applications or services , or specific classes thereof , except in cases where it is necessary to apply reasonable traffic management measures . reasonable traffic management measures shall be transparent , non - discriminatory , proportionate and necessary to : ### providers of internet access services shall treat all internet traffic in accordance with the principle of net neutrality , except in cases where it is necessary to apply reasonable traffic management measures . reasonable traffic management measures shall be transparent , non - discriminatory , proportionate , subject to clear , comprehensible and accessible redress mechanisms and necessary to :


### in addition , there is demand on the part of content , applications and services providers , for the provision of transmission services based on flexible quality parameters , including lower levels of priority for traffic which is not time - sensitive . the possibility for content , applications and service providers to negotiate such flexible quality of service levels with providers of electronic communications to the public is necessary for the provision of specialised services and is expected to play an important role in the development of new services such as machine - to - machine communications . at the same time such arrangements should allow providers of electronic communications to the public to better balance traffic and prevent network congestion . providers of content , applications and services and providers of electronic communications to the public should therefore be free to conclude specialised services agreements on defined levels of quality of service as long as such agreements do not substantially impair the general quality of internet access services . ### in addition , there is demand on the part of content , applications and services providers , for the provision of transmission services based on flexible quality parameters , including lower levels of priority for traffic which is not time - sensitive . the possibility for content , applications and service providers to negotiate such flexible quality of service levels with providers of electronic communications to the public could serve to provide specialised services and is expected to play a role in the development of new services such as machine - to - machine communications . at the same time such arrangements should allow providers of electronic communications to the public to better balance traffic and prevent network congestion . this should however not impair the development of the general purpose internet . providers of content , applications and services and providers of electronic communications to the public should therefore be free to conclude specialised services agreements on defined levels of quality of service as long as such quality characteristics are technically necessary for the functionality of the service and agreements do not impair the quality of internet access services .


### the focus of activities shall be to improve the understanding of transport related socio - economic trends and prospects , and provide policy makers with evidence - based data and analyses . ### the focus of activities shall be to improve the understanding of transport related socio - economic trends and prospects , and provide policy makers with evidence - based data and analyses . there should be greater emphasis on reconciling the objectives of sustainability and social needs when planning transport policies in order to prevent , in particular , social inequalities in terms of mobility and to improve the situation of vulnerable users .


### research and innovation must bring about focussed and timely advances that will help achieve key union policy objectives , while boosting economic competitiveness , supporting the transition to a climate - resilient and low - carbon economy , and maintaining global market leadership . ### research and innovation must bring about focussed and timely advances that will help achieve key union policy objectives , while boosting economic competitiveness , supporting the transition to a climate - resilient and low - carbon economy , increasing mobility across europe and maintaining global market leadership .


### transport is a major driver of europe’s economic competitiveness and growth . it ensures the mobility of people and goods necessary for an integrated european single market and an open and inclusive society . it represents one of europe’s greatest assets in terms of industrial capability and quality of service , playing a leading role in many world markets . transport industry and transport equipment manufacturing together represent 6 . 3 % of the union’s gdp . at the same time , the european transport industry faces increasingly fierce competition from other parts of the world . breakthrough technologies will be required to secure europe’s future competitive edge and to mitigate the drawbacks of our current transport system . ### transport is a major driver of europe’s economic competitiveness and growth . it ensures territorial cohesion and the mobility of people and goods necessary for an integrated european single market and an open and inclusive society . it represents one of europe’s greatest assets in terms of industrial capability and quality of service , playing a leading role in many world markets . transport industry and transport equipment manufacturing together represent 6 . 3 % of the union’s gdp . at the same time , the european transport industry faces increasingly fierce competition from other parts of the world .


### the focus of activities shall be to develop the next generation of innovative transport means and to prepare the ground for the following one , by working on novel concepts and designs , smart control systems and interoperable standards , efficient production processes , shorter development times and reduced lifecycle costs . ### the focus of activities shall be to develop the new generation of innovative transport means and to work on novel concepts and designs in order to prepare for the next generation . in addition , it will be important to develop smart control systems and interoperable standards , as well as smart and intermodal infrastructures , but also to achieve efficient production processes , shorter development times and reduced lifecycle costs .


### europe must reconcile the growing mobility needs of its citizens with the imperatives of economic performance and the requirements of a low - carbon society and climate resilient economy . despite its growth , the transport sector must achieve a substantial reduction in greenhouse gases and other adverse environmental impacts , and must break its dependency on oil , while maintaining high levels of efficiency and mobility . ### europe must reconcile the growing needs in terms of the mobility of its citizens and territorial cohesion with the imperatives of economic performance and the requirements of a low - carbon society and climate resilient economy . despite its growth , the transport sector must achieve a substantial reduction in greenhouse gases and other adverse environmental impacts , and must break its dependency on oil and other fossil fuels that are largely supplied by third countries while maintaining high levels of efficiency and mobility .


### business - as - usual is therefore not an option . research and innovation , driven by policy objectives and focused on the key challenges , shall contribute substantially to achieve the union’s targets of limiting global temperature increase to 2ºc , cutting 60 % of co2 emissions from transport , drastically reduce congestion and accident costs , and virtually eradicating road deaths by 2050 . ### business - as - usual is not an option . research and innovation , driven by policy objectives and focused on the key challenges , shall contribute substantially to achieve the union’s targets of limiting global temperature increase to 2ºc and cutting 60 % of co2 emissions from transport . in order to achieve these targets by 2050 , it is essential to lay down more specific , concrete provisions for the period up to 2020 . that requires , first and foremost , an ambitious reduction in emissions of co2 and other greenhouse gases from transport . these emission reductions will be determined for each mode of transport , in accordance with the 20 - 20 - 20 targets . research and innovation must also lead to the internalisation of external costs by 2020 , drastically reduce congestion and accident costs , and make every effort to improve road safety in order to reduce dramatically the number of european road deaths by 2050 .


### the focus of activities shall be to reduce resource consumption and greenhouse gas emissions and improve vehicle efficiency , to accelerate the development and deployment of a new generation of electric and other low or zero emission vehicles , including through breakthroughs in engines , batteries and infrastructure ; to explore and exploit the potential of alternative fuels and innovative and more efficient propulsion systems , including fuel infrastructure ; to optimise the use of infrastructures , by means of intelligent transport systems and smart equipment ; and to increase the use of demand management and public and non - motorised transport , particularly in urban areas . ### the focus of activities shall be to reduce resource consumption and greenhouse gas emissions and improve the efficiency of land vehicles as well as rail , maritime and air transport , and to accelerate the development and deployment of a new generation of electric vehicles , and for other modes of transport such as rail , the supply of electricity produced from renewable sources . moreover , all innovations aimed at achieving low or zero emissions in all modes of transport should be encouraged . in order to achieve these targets , efforts are especially needed to develop innovative and energy - saving engines , batteries and infrastructure . it is also essential to explore and exploit the huge potential of alternative and sustainable fuels , but also to develop innovative and more efficient propulsion systems , work on optimising fuel infrastructure and vehicle weights and aerodynamics , and optimise the use of infrastructures , by means of intelligent transport systems and smart equipment . finally , it is important to increase the use of public and non - motorised transport , particularly in urban areas . it is also essential to have a waste management policy linked to these innovations .


### the aim is to reconcile the growing mobility needs with improved transport fluidity , through innovative solutions for seamless , inclusive , safe , secure and robust transport systems . ### the aim is to reconcile the growing mobility needs with improved transport fluidity , through innovative solutions for seamless , intermodal , inclusive , accessible , safe , secure and robust transport systems , not forgetting the importance of high - quality , innovative and intermodal infrastructure .


### the focus of activities shall be to develop the next generation of innovative transport means and to prepare the ground for the following one , by working on novel concepts and designs , smart control systems and interoperable standards , efficient production processes , shorter development times and reduced lifecycle costs . ### the focus of activities shall be to develop the new generation of innovative transport means and to work on novel concepts and designs , with a view to developing the following one . it will also be necessary to develop smart control systems , interoperable standards , smart intermodal infrastructures and efficient production and recycling processes and achieve shorter development times and reduced lifecycle costs .


### investing in research and innovation for a greener , smarter and more integrated transport system will make an important contribution to the europe 2020 goals of smart , sustainable and inclusive growth and the objectives of the innovation union flagship initiative . the activities will support the implementation of the white paper on transport aiming at a single european transport area . they will also contribute to the policy goals outlined in the flagship initiatives on ' resource efficient europe ' , ' an industrial policy for the globalisation era ' and ' a digital agenda for europe ' . ### investing in research and innovation for a greener , smarter and more integrated transport system will make an important contribution to the europe 2020 goals of smart , sustainable and inclusive growth and the objectives of the innovation union flagship initiative . the activities will support the implementation of the white paper on transport aiming at a single european transport area . they will also participate in the policy goals outlined in the flagship initiatives on ' resource efficient europe ' , ' an industrial policy for the globalisation era ' and ' a digital agenda for europe ' . measures will also be taken to ensure cohesion with other parts of these programmes , in particular through the setting up of a knowledge and innovation community for urban mobility and smart cities .


### the focus of activities shall be to reduce resource consumption and greenhouse gas emissions and improve vehicle efficiency , to accelerate the development and deployment of a new generation of electric and other low or zero emission vehicles , including through breakthroughs in engines , batteries and infrastructure ; to explore and exploit the potential of alternative fuels and innovative and more efficient propulsion systems , including fuel infrastructure ; to optimise the use of infrastructures , by means of intelligent transport systems and smart equipment ; and to increase the use of demand management and public and non - motorised transport , particularly in urban areas . ### the focus of activities shall be to reduce resource consumption and greenhouse gas emissions and improve vehicle efficiency , to accelerate the development and deployment of a new generation of electric and other low or zero emission vehicles and the accompanying infrastructure , including through breakthroughs in engines , batteries and infrastructure ; to explore and exploit the potential of alternative fuels and innovative and more efficient propulsion systems , including fuel infrastructure ; to optimise the use of infrastructures , by means of intelligent transport systems and smart equipment ; and to increase the use of demand management and public and non - motorised transport , particularly in urban areas .


### research and innovation must bring about focussed and timely advances that will help achieve key union policy objectives , while boosting economic competitiveness , supporting the transition to a climate - resilient and low - carbon economy , and maintaining global market leadership . ### research and innovation must bring about focussed and timely advances that will help achieve key union policy objectives , while boosting economic competitiveness , supporting the transition to a climate - resilient , low - carbon economy and maintaining global market leadership .


### horizon 2020 shall be implemented in a way which is complementary to other union funding programmes , including the structural funds . ### horizon 2020 shall be implemented in a way which is complementary to other union funding programmes – such as the forthcoming connecting europe facility – including the structural funds .