### national rules , which are often based on national technical standards , have been gradually replaced by rules based on common standards , established by csts , csms and technical specifications for interoperability . in order to eliminate the obstacles to interoperability , the amount of national rules should be reduced as a consequence of extending the scope of the tsis to the whole union’s rail system and of closing open points in the tsis . for this purpose the member states should keep their system of national rules updated , delete obsolete rules and thereof inform the commission and the the agency . ### national rules , which are often based on national technical standards , have been gradually replaced by rules based on common standards , established by csts , csms and technical specifications for interoperability . in order to eliminate the obstacles to interoperability , the amount of national rules should be reduced as a consequence of extending the scope of the tsis to the whole union’s rail system and of closing open points in the tsis . for this purpose the member states must keep their system of national rules updated , delete obsolete rules and inform the commission and the agency thereof without delay .


### to ensure a high level of railway safety and equal conditions for all railway undertakings , the latter should be subject to the same safety requirements . a licensed railway undertaking should hold a safety certificate in order to obtain access to the railway infrastructure . the safety certificate should provide evidence that the railway undertaking has established its safety management system and is able to comply with the relevant safety standards and rules . for international transport services , it should be enough to approve the safety management system only once at union level . ### to ensure a high level of railway safety and equal conditions for all railway undertakings , the latter should be subject to the same safety requirements . a licensed railway undertaking should hold a safety certificate in order to obtain access to the railway infrastructure . the safety certificate should provide evidence that the railway undertaking has established its safety management system and is able to comply with the relevant safety standards and rules . for international transport services , it should be enough to approve the safety management system only once at union level or for the territory the rail infrastructure of which the railway undertaking will use .


### harmonised methods based on directive 2004 / 49 / ec have been established to be applied to the railway undertakings and the national safety authorities on monitoring , conformity assessment , supervision and on risk evaluation and assessment . this regulatory framework is sufficiently mature to move progressively towards a ‘ single safety certificate’ , valid throughout the union . the move to a single safety certificate should make the rail system more effective and efficient by reducing administrative burdens for the railway undertakings . ### harmonised methods based on directive 2004 / 49 / ec have been established to be applied to the railway undertakings and the national safety authorities on monitoring , conformity assessment , supervision and on risk evaluation and assessment . this regulatory framework is sufficiently mature to move progressively towards a ‘ single safety certificate’ , valid throughout the union within the specified areas of use . the move to a single safety certificate should make the rail system more effective and efficient by reducing administrative burdens for the railway undertakings .


### in order to improve the efficiency of activities of an investigation body and to help it in discharging its duties , the investigation body should have timely access to the site of an accident , where necessary in good cooperation with the judicial authority . the reports on investigations and any findings and recommendations provide crucial information for the further improvement of railway safety and should be made publicly available at union level . safety recommendations should be acted upon by the addressees and actions reported back to the investigating body . ### in order to improve the efficiency of activities of an investigation body and to help it in discharging its duties , the investigation body should have timely access to the site of an accident , where necessary in good cooperation with the judicial authority . all parties involved , including the agency , should provide all relevant information necessary to the activities of the investigation body . the reports on investigations and any findings and recommendations provide crucial information for the further improvement of railway safety and should be made publicly available at union level . safety recommendations should be acted upon by the addressees and actions reported back to the investigating body .


### developing common safety targets and common safety methods with a view to gradually removing the need for national rules ; ### developing common safety targets and common safety methods with a view to greater harmonisation of national rules at a high safety level ;


### ‘ 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 adopted at member state level , irrespective of the body issuing them , which contain railway safety or technical requirements imposed within a given member state in addition to european rules and which are applicable to railway actors ;


### ‘ accident’ means an unwanted or unintended sudden event or a specific chain of such events which have harmful consequences ; accidents are divided into the following categories : collisions , derailments , level - crossing accidents , accidents to persons caused by rolling stock in motion , fires and others ; ### ' accident ' means an unwanted or unintended sudden event or a specific chain of such events which have harmful consequences ; accidents are divided into the following categories : collisions , derailments , level - crossing accidents , accidents to persons caused by rolling stock in motion including in shunting yards and during track maintenance works , fires and others ;


### ‘ 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 ;


### the commission shall issue mandates to the agency to draft the new csms referred in point 1 , to review and update all csms to take account of developments in technology or social requirements and to make the relevant recommendations to the commission . ### the commission shall issue mandates to the agency to draft the new csms referred to in point 1 , to review and update all csms to take account of developments in technology or social requirements and to make the relevant recommendations to the commission as quickly as possible .


### 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 .


### the csms shall be revised at regular intervals , taking into account the experience gained from their application and the global development of railway safety and in view of generally maintaining and where reasonably practicable , continuously improving safety . ### the csms shall be revised annually , taking into account the experience gained from their application and the global development of railway safety and with a view to generally maintaining and , where reasonably practicable , continuously improving safety .


### member states shall make any necessary amendments to their national rules in the light of the adoption of csms and revisions to them . ### member states shall promptly make any necessary amendments to their national rules in the light of the adoption of csms and revisions to them .


### the commission shall issue a mandate to the agency to draft revised csts and to make the relevant recommendations to the commission . ### the commission shall issue a mandate to the agency to draft revised csts as soon as possible and to make the relevant recommendations to the commission .


### 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 .


### if a member state intends to introduce a new national rule , it shall notify the draft of that rule to the agency and the commission using the appropriate it system in accordance with article 23 of regulation no … / … [ agency regulation ] . ### if a member state intends to introduce a new national rule , it shall promptly notify the draft of that rule to the agency and the commission using the appropriate it system in accordance with article 23 of regulation no … / … [ agency regulation ] .


### the single safety certificate shall specify the type and extent of the railway operations covered . it shall be valid throughout the union for equivalent operations . ### the single safety certificate shall specify the type , extent of the railway operations and the areas of use covered . it shall be valid throughout the union for equivalent operations .


### the single safety certificate shall be renewed upon application by the railway undertaking at intervals not exceeding five years . it shall be wholly or partly updated whenever the type or extent of the operation is substantially altered . ### the single safety certificate shall be renewed upon application by the railway undertaking at intervals not exceeding five years . it shall be wholly or partly updated whenever the type or extent of the operation or areas of use is substantially altered .


### the services offered shall include training on necessary route knowledge , operating rules and procedures , the signalling and control command system and emergency procedures applied on the routes operated . ### the services offered shall include training on necessary route knowledge , assistance to persons with disabilities , operating rules and procedures , the signalling and control command system and emergency procedures applied on the routes operated .


### each vehicle , before it is placed in service or used on the network , shall have an entity in charge of maintenance assigned to it and this entity shall be registered in the national vehicle register in accordance with article 43 of directive xx on interoperability of the rail system . ### each vehicle , before it is placed in service or used on the network , shall have an entity in charge of maintenance assigned to it and this entity shall be registered in the european vehicle register in accordance with article 43 of directive xx on interoperability of the rail system .


### by 31 may 2014 , the agency shall evaluate the system of certification of the entity in charge of maintenance for freight wagons and shall consider the opportunity for an extension of that system to all vehicles and shall submit a report to the commission . ### no later than six months after this directive comes into force , the agency shall evaluate the system of certification of the entity in charge of maintenance for freight wagons and shall consider the opportunity for an extension of that system to all vehicles and shall submit a report to the commission .


### the commission shall , by means of implementing acts , adopt common conditions for certification of the entity in charge of maintenance for all vehicles by 24 december 2016 . ### no later than 24 months after this directive comes into force , the commission shall , by means of implementing acts , adopt common conditions for certification of the entity in charge of maintenance for all vehicles .


### the scope of cooperation between the agency and the national safety authorities in all matters relating to inspections on site related to issuing the single safety certificate and supervision of the railway undertakings after issuing the single safety certificate shall be set out in contractual or other arrangements between the agency and the national safety authorities . ### the scope of cooperation between the agency and the national safety authorities in all matters relating to inspections on site related to issuing the single safety certificate and supervision of the railway undertakings after issuing the single safety certificate shall be set out in contractual or other arrangements between the agency and the national safety authorities . a national safety authority shall have the status of a specialised supporting agency .


### the investigating body shall perform its tasks independently of the organisations referred to in paragraph 1 and shall be able to obtain sufficient resources to do so . its investigators shall be afforded status giving them the necessary guarantees of independence . ### the investigating body shall perform its tasks independently of the organisations referred to in paragraph 1 , without discriminating against any party , and shall be able to obtain sufficient resources to do so . its investigators shall be afforded status giving them the necessary guarantees of independence .


### for each accident or incident the body responsible for the investigation shall arrange for the appropriate means , comprising the necessary operational and technical expertise to carry out the investigation . the expertise may be obtained from inside or outside the body , depending on the character of the accident or incident to be investigated . ### for each accident or incident the body responsible for the investigation shall arrange for the appropriate means , comprising the necessary operational and technical expertise and sufficient resources to carry out the investigation . the expertise may be obtained from inside or outside the body , depending on the character of the accident or incident to be investigated .


### annexes iii and v to directive 2004 / 49 / ec shall apply until the date of application of the implementing acts referred to in articles 6 and , 9 , 14 and 23 of this directive . ### annexes iii and v to directive 2004 / 49 / ec shall apply until the date of application of the delegated acts referred to in articles 6 and and of the implementing acts referred to in article 9 , 14 and 23 of this directive .


### 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 , safety features or any other technical measure 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 well - established use products . 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 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 .


### member states , in applying this directive , shall take the necessary measures to ensure cooperation between competent authorities for medicinal products and customs authorities . ’ ### member states , in applying this directive , shall take the necessary measures to ensure cooperation between competent authorities for medicinal products and customs authorities . in that connection , member states , working in coordination with healthcare professionals , including the pharmaceuticals industry , shall take the necessary measures to encourage training for customs officers to help them deal with the phenomenon of falsified medicinal products . that coordination shall be strengthened by international cooperation programmes conducted by the commission . 2 . member states shall take the necessary measures to ensure that customs officers are provided with the resources they need and shall supply , in particular , the technology essential to the work of detecting falsified medicinal products . 3 . the commission shall draw up a report on the relevant action taken 36 months after the publication of this directive .


### in order to capitalise on the experience of international financial institutions , and in particular the european investment bank group , action involving microfinance and social entrepreneurship should be implemented by the commission indirectly by entrusting budget implementations tasks to financial institutions in accordance with the financial regulation . using union resources concentrates leverage from international financial institutions and other investors , unifies approaches and thus improves access to finance for micro - enterprises , including the self - employed and social enterprises . the union contribution thus assists in the development of the emerging social business sector and the microfinance market in the union and encourages cross - border activities . ### in order to capitalise on the experience of international financial institutions , and in particular the european investment bank group , action involving microfinance and social entrepreneurship should be implemented by the commission indirectly by entrusting budget implementations tasks to financial institutions in accordance with the financial regulation . using union resources concentrates leverage from international financial institutions and other investors , creates synergies between member state and community action , unifies approaches and thus improves access to finance for micro - enterprises , including the self - employed and social enterprises . the union contribution thus assists in the development of the emerging social business sector and the microfinance market in the union and encourages cross - border activities .


### promote equality between women and men and combat discrimination based on sex , racial or ethnic origin , religion or belief , disability , age or sexual orientation ; ### promote equality between women and men and combat discrimination based on sex , racial or ethnic origin , language , religion or belief , disability , age or sexual orientation ;


### the csf funds shall provide support , through multi - annual programmes , which complements national , regional and local intervention , to deliver the union strategy for smart , sustainable and inclusive growth , taking account of the integrated guidelines , the country - specific recommendations under article 121 of the treaty and the relevant council recommendations adopted under 148 of the treaty . ### the csf funds shall provide support , through multi - annual programmes , which creates synergies and complements national , regional and local intervention , to deliver the union strategy for smart , sustainable and inclusive growth , taking account of the integrated guidelines , the country - specific recommendations under article 121 of the treaty and the relevant council recommendations adopted under 148 of the treaty .


### in accordance with their respective responsibilities , the commission and the member states shall ensure coordination among the csf funds , and with other union policies and instruments , including those in the framework of the union ' s external action . ### in accordance with their respective responsibilities , the commission and the member states shall ensure coordination among the csf funds , and with other union policies and instruments , including those in the framework of the union ' s external action and ensure policy coherence for development in accordance with article 208 tfeu .


### this directive should prohibit abuse of freedom of contract to the disadvantage of the creditor . where an agreement mainly serves the purpose of procuring the debtor additional liquidity at the expense of the creditor , for example through the exclusion of the possibility for the creditor to charge interest for late payment or specifying an interest rate for late payment which is substantially lower than the statutory interest provided for in this directive , or where the main contractor imposes on his suppliers and subcontractors terms of payment which are not justified on the grounds of the terms granted to himself , these may be considered to be factors constituting such an abuse . this directive should not affect national provisions relating to the way contracts are concluded or regulating the validity of contractual terms which are unfair to the debtor . ### this directive should prohibit abuse of freedom of contract to the disadvantage of the creditor . where an agreement mainly serves the purpose of procuring the debtor additional liquidity at the expense of the creditor , for example through the exclusion of the possibility for the creditor to charge interest for late payment or specifying an interest rate for late payment which is substantially lower than the statutory interest provided for in this directive , or where the main contractor imposes on his suppliers and subcontractors terms of payment which are not justified on the grounds of the terms granted to himself , these may be considered to be factors constituting such an abuse . this directive should not affect national provisions relating to the way contracts are concluded or regulating the validity of contractual terms which are unfair to the debtor . to ensure consistency with the common frame of reference for european contract law , those of its terms should be used which can contribute to better interpretation .


### member states shall ensure that&#160 ; in commercial transactions between undertakings , &#160 ; the creditor is entitled to interest for late payment without the necessity of a reminder if the following conditions are satisfied : ### member states shall ensure that&#160 ; in commercial transactions between undertakings , &#160 ; between undertakings and private individuals or between private individuals , the creditor is entitled to interest for late payment without the necessity of a reminder if the following conditions are satisfied :


### the degradation , fragmentation and unsustainable use of land in the eu is jeopardising the provision of several key ecosystem services , threatening biodiversity and increasing europe’s vulnerability to climate change and natural disasters . it is also driving soil degradation . more than 25% of the eu ' s territory is affected by soil erosion by water , which compromises soil functions and affects the quality of freshwater . soil contamination and sealing are also persistent problems . more than half a million sites across the eu are thought to be contaminated and until they are identified and assessed , they continue to pose potentially serious environmental and health risks . every year more than 1 000 km² of land are taken for housing , industry , transport or recreational purposes . these long - term changes are difficult or costly to reverse , and nearly always involve trade - offs between various social , economic and environmental needs . member states ' planning decisions relating to land use should be made more sustainable . ### the degradation , fragmentation and unsustainable use of land in the eu is jeopardising the provision of several key ecosystem services , threatening biodiversity and increasing europe’s vulnerability to climate change and natural disasters . it is also driving soil degradation . more than 25% of the eu ' s territory is affected by soil erosion by water , which compromises soil functions and affects the quality of freshwater . soil contamination and sealing are also persistent problems . more than half a million sites across the eu are thought to be contaminated and until they are identified and assessed , they continue to pose potentially serious environmental and health risks . every year more than 1 000 km² of land are taken for housing , industry , transport or recreational purposes . these long - term changes are difficult or costly to reverse , and nearly always involve trade - offs between various social , economic and environmental needs . member states ' planning decisions relating to land use should be made more sustainable . in order to tackle the serious problem of soil sealing , member states should be required to take steps to reduce the area of land used and to preserve agricultural land areas for the production of food , feed and renewable raw materials .


### 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 .


### although nitrogen and phosphorus inputs to the eu environment have decreased considerably over the past 20 years , excessive nutrient releases continue to affect air and water quality and to have a negative impact on ecosystems , causing significant problems for human health . in particular , ammonia release from inefficient fertiliser management and inadequate waste water treatment urgently need to be tackled to achieve further significant reductions in nutrient releases . further efforts to manage the nutrient cycle in a more cost - effective and resource - efficient way , and to improve efficiency in use of fertilisers are also required . this calls for improving the implementation of eu environmental legislation to address these challenges , tightening standards where necessary and addressing the nutrient cycle as part of a more holistic approach which interlinks and integrates existing eu policies that play a role in tackling excessive nutrient releases and eutrophication . ### although nitrogen and phosphorus inputs to the eu environment have decreased considerably over the past 20 years , substantial nutrient releases continue to affect air and water quality and to have a negative impact on ecosystems , causing significant problems for human health . in particular , ammonia release from natural processes needs to be tackled to achieve further significant reductions in nutrient releases . further efforts to manage the nutrient cycle in a more cost - effective and resource - efficient way , and to improve efficiency in use of fertilisers are also required . this calls for improving the implementation of eu environmental legislation to address these challenges , adjusting standards where necessary and addressing the nutrient cycle as part of a more holistic approach which interlinks and integrates existing eu policies that play a role in tackling excessive nutrient releases and eutrophication .


### although nitrogen and phosphorus inputs to the eu environment have decreased considerably over the past 20 years , excessive nutrient releases continue to affect air and water quality and to have a negative impact on ecosystems , causing significant problems for human health . in particular , ammonia release from inefficient fertiliser management and inadequate waste water treatment urgently need to be tackled to achieve further significant reductions in nutrient releases . further efforts to manage the nutrient cycle in a more cost - effective and resource - efficient way , and to improve efficiency in use of fertilisers are also required . this calls for improving the implementation of eu environmental legislation to address these challenges , tightening standards where necessary and addressing the nutrient cycle as part of a more holistic approach which interlinks and integrates existing eu policies that play a role in tackling excessive nutrient releases and eutrophication . ### although nitrogen and phosphorus inputs to the eu environment have decreased considerably over the past 20 years , excessive nutrient releases continue to affect air and water quality and to have a negative impact on ecosystems , causing significant problems for human health . in particular , ammonia release from inefficient fertiliser management and inadequate waste water treatment urgently need to be tackled to achieve further significant reductions in nutrient releases . further efforts to manage the nutrient cycle in a more cost - effective and resource - efficient way , and to improve efficiency in use of fertilisers are also required , as well as creating a sustainable nutrient cycle between urban and rural areas . this calls for investments in research , improving the implementation of eu environmental legislation to address these challenges , tightening standards where necessary and addressing the nutrient cycle as part of a more holistic approach which interlinks and integrates existing eu policies , for example horizon 2020 , that play a role in tackling excessive nutrient releases and eutrophication .


### land is managed sustainably in the eu , soil is adequately protected and the remediation of contaminated sites is well underway . ### land is managed sustainably in the eu , soil is adequately protected in member states and the remediation of contaminated sites by the member states is well underway .


### forests and the services they provide are protected and their resilience to climate change and fires is improved . ### forests and the multitude of services they provide are protected and sustainably managed and their resilience to climate change and fires is improved , since forests are an important renewable source of raw materials .


### increasing efforts to reduce soil erosion and increase soil organic matter , to remediate contaminated sites and to enhance the integration of land use aspects into coordinated decision - making involving all relevant levels of government , supported by the adoption of targets on soil and on land as a resource , and land planning objectives . ### increasing efforts at national level to reduce soil erosion and increase soil organic matter , to remediate contaminated sites and to enhance the integration of land use aspects into coordinated decision - making involving all relevant levels of government , supported by the adoption of targets on soil and on land as a resource , and land planning objectives ; increasing efforts at national level to reduce the area of land used and to preserve agricultural land areas for the production of food , feed and renewable raw materials .


### fully implementing the eu climate and energy package is essential to reach the milestones identified for 2020 and for building a competitive , low - carbon economy by 2050 . whereas the eu is currently on track to reduce domestic ghg emissions 20% below 1990 levels by 2020 , meeting the 20% energy efficiency target will require far more rapid efficiency improvements . this is also important in the light of still - growing demand for energy and the on - going debate on conflicts between land use for food and for bio - energy . the new energy efficiency directive is expected to make a significant contribution in this regard . ### fully implementing the eu climate and energy package is essential to reach the milestones identified for 2020 and for building a competitive , low - carbon economy by 2050 . whereas the eu is currently on track to reduce domestic ghg emissions 20% below 1990 levels by 2020 , meeting the 20% energy efficiency target will require far more rapid efficiency improvements . this is also important in the light of still - growing demand for energy . the new energy efficiency directive is expected to make a significant contribution in this regard .


### to set a framework for action to improve resource efficiency aspects beyond ghg emissions and energy , targets for reducing the overall environmental impact of consumption will be set , in particular in the food , housing and mobility sectors . taken together , these are responsible for almost 80% of the environmental impacts of consumption . the rio + 20 outcome recognised the need to significantly reduce post - harvest and other food losses and waste throughout the food supply chain . ### to set a framework for action to improve resource efficiency aspects beyond ghg emissions and energy , targets for reducing the overall environmental impact of consumption will be set , in particular in the food , housing and mobility sectors . taken together , these are responsible for almost 80% of the environmental impacts of consumption . the rio + 20 outcome recognised the need to significantly reduce post - harvest and other food losses and waste throughout the food supply chain . this may be achieved by improving the value attached to food and by means of regional marketing and improving logistics , transport , stocking and packaging . all parties throughout the food chain , particularly traders and consumers , have a role to play . this also includes targeted consumer education and information .


### in addition to helping member states improve compliance , the commission will continue to do its part to ensure that legislation is fit for purpose and reflects the latest science . as a general rule , legal obligations which are sufficiently clear and precise will be enshrined in regulations , which have direct and measurable effects and lead to fewer inconsistencies in implementation . the commission will step up its use of scoreboards and other means of publicly tracking member states ' progress in implementing specific pieces of legislation . ### in addition to helping member states improve compliance , the commission will continue to do its part to ensure that legislation is proportionate , fit for purpose and reflects the latest science . as a general rule , legal obligations which are sufficiently clear and precise will be enshrined in regulations , which have direct and measurable effects and lead to fewer inconsistencies in implementation . the commission will step up its use of communication , scoreboards and other means of publicly tracking member states ' progress in implementing specific pieces of legislation and of ensuring that the public are informed about positive trends in environmental protection .


### this programme includes a number of priority objectives designed to enhance integration . in its proposals for the cap , cfp , trans - european networks and cohesion policy reforms , the commission has included measures to further support environmental integration and sustainability . for this programme to succeed , these policies should further contribute towards meeting environment - related targets and objectives . similarly , efforts primarily intended to achieve environmental improvements should be designed to deliver co - benefits for other policies wherever possible . for instance , efforts to restore ecosystems can be targeted to benefit habitats and species and to sequester carbon dioxide , while improving the delivery of ecosystem services vital for many economic sectors , such as pollination or water purification for agriculture , and creating green jobs . ### this programme includes a number of priority objectives designed to further enhance integration . in its proposals for the cap , cfp , trans - european networks and cohesion policy reforms , the commission has included measures to further support environmental integration and sustainability . for this programme to succeed , these policies should even further contribute towards meeting environment - related targets and objectives . similarly , efforts primarily intended to achieve environmental improvements should be designed to deliver co - benefits for other policies wherever possible . for instance , efforts to restore ecosystems can be targeted to benefit habitats and species and to sequester carbon dioxide , while improving the delivery of ecosystem services vital for many economic sectors , such as pollination or water purification for agriculture , and creating green jobs .


### integrating environmental and climate - related conditionalities and incentives in policy initiatives , including reviews and reforms of existing policy , as well as new initiatives , at eu and member state level ; ### further integrating environmental and climate - related conditionalities and incentives in policy initiatives , including reviews and reforms of existing policy , as well as new initiatives , at eu and member state level ;


### the eu is densely populated and by 2020 , 80% of the eu population is likely to live in urban and peri - urban areas . quality of life will be directly influenced by the state of the urban environment . the environmental impacts of cities also spread well beyond their physical limits , as they rely heavily on peri - urban and rural regions to meet demand for food , energy , space and resources , and to accommodate waste . ### the eu is densely populated and by 2020 , 80% of the eu population is likely to live in urban and peri - urban areas . quality of life in rural areas will depend on the state of the urban environment . the environmental impacts of cities spread well beyond their physical limits , as they rely heavily on peri - urban and rural regions to meet demand for food , energy , space and resources , while the waste created belongs to a cycle of nutrients .


### patent proprietors should pay one common annual renewal fee for european patents with unitary effect . renewal fees should be progressive throughout the term of the patent protection and , together with the fees to be paid to the european patent organisation during the pre - grant stage , should cover all costs associated with the grant of the european patent and the administration of the unitary patent protection . the level of the renewal fees should be fixed with the aim of facilitating innovation and fostering the competitiveness of european businesses . it should also reflect the size of the market covered by the patent and be similar to the level of the national renewal fees for an average european patent taking effect in the participating member states at the time where the level of the renewal fees is first fixed by the commission . ### patent proprietors should pay one common annual renewal fee for european patents with unitary effect . renewal fees should be progressive throughout the term of the patent protection and , together with the fees to be paid to the european patent organisation during the pre - grant stage , should cover all costs associated with the grant of the european patent and the administration of the unitary patent protection . the level of the renewal fees should be fixed with the aim of facilitating innovation and fostering the competitiveness of european businesses taking particular account of micro and small enterprises as defined in commission recommendation 2003 / 361 / ec1 . it should also reflect the size of the market covered by the patent and be similar to the level of the national renewal fees for an average european patent taking effect in the participating member states at the time where the level of the renewal fees is first fixed by the commission . _____________ 1 commission recommendation 2003 / 361 / ec of 6 may 2003 concerning the definition of micro , small and medium - sized enterprises .


### this directive does not govern member states ' policies with regard to consensual sexual activities in which children may be involved and which can be regarded as the normal discovery of sexuality in the course of human development , taking account of the different cultural and legal traditions and of new forms of establishing and maintaining relations among children and adolescents , including through information and communication technologies . ### this directive does not govern member states ' policies with regard to consensual sexual activities in which children may be involved and which can be regarded as the normal discovery of sexuality in the course of human development , taking account of the different cultural and legal traditions and of new forms of establishing and maintaining relations among children and adolescents , including through information and communication technologies . these issues fall outside of the scope of this directive . it is up to member states to define , with regard to these issues , what should and what should not be criminalised .


### 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 .


### this directive respects fundamental rights and observes the principles recognised in particular by the charter of fundamental rights of the european union and notably human dignity , the prohibition of torture and inhuman or degrading treatment or punishment , the rights of the child , the right to liberty and security , freedom of expression and information , protection of personal data , the right to an effective remedy and to a fair trial and the principles of legality and proportionality of criminal offences and penalties . in particular , this directive seeks to ensure full respect for those rights and has to be implemented accordingly . ### this directive respects fundamental rights and observes the principles recognised in particular by the charter of fundamental rights of the european union and notably human dignity , the prohibition of torture and inhuman or degrading treatment or punishment , the rights of the child , the right to liberty and security , freedom of expression and information , protection of privacy and personal data , the right to an effective remedy and to a fair trial and the principles of legality and proportionality of criminal offences and penalties . in particular , this directive seeks to ensure full respect for those rights and has to be implemented accordingly .


### knowingly attending pornographic performances involving the participation of children shall be punishable by a maximum term of imprisonment of at least two years . ### knowingly attending pornographic performances involving the participation of children shall be punishable by a maximum term of imprisonment of at least two years and an appropriate fine .


### knowingly obtaining access , by means of information and communication technology , to child pornography shall be punishable by a maximum term of imprisonment of at least one year . ### knowingly obtaining access to child pornography shall be punishable by a maximum term of imprisonment of at least one year .


### distribution , dissemination or transmission of child pornography shall be punishable by a maximum term of imprisonment of at least two years . ### distribution , dissemination or transmission of child pornography shall be punishable by a maximum term of imprisonment of at least two years and an appropriate fine .


### member states shall take the necessary measures to ensure that effective investigative tools are available to persons , units or services responsible for investigating or prosecuting offences referred to in articles 3 to 7 , allowing the possibility of covert operations at least in those cases where the use of information and communication technology is involved . ### member states shall take the necessary measures to ensure that effective investigative tools are available to persons , units or services responsible for investigating or prosecuting offences referred to in articles 3 to 7 .


### member states shall take the necessary measures to obtain the blocking of access by internet users in their territory to internet pages containing or disseminating child pornography . the blocking of access shall be subject to adequate safeguards , in particular to ensure that the blocking 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 . ### where the removal of webpages containing or disseminating child pornography is not possible , member states shall take the necessary measures , whether legislative or non - legislative , to ensure that the blocking of access to webpages containing or disseminating child pornography is possible towards the internet users in their territory . the blocking of access shall be subject to adequate fundamental rights and other safeguards , in particular to ensure that the blocking , taking into account technical characteristics , is limited to what is necessary and proportionate , 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 including ultimately through judicial review .


### consequently , it is necessary to provide a framework for the recruitment of high calibre staff in terms of productivity and integrity , drawn on the widest possible geographical basis from among citizens of the member states , and to enable such staff to carry out their duties as effectively and efficiently as possible . ### consequently , it is necessary to provide a framework for the recruitment of high calibre staff in terms of productivity and integrity , drawn on the widest possible geographical basis from among citizens of the member states and with due regard to gender balance , and to enable such staff to carry out their duties as effectively and efficiently as possible .


### 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 .


### recruitment shall be directed to securing for the institution the services of officials of the highest standard of ability , efficiency and integrity , recruited on the broadest possible geographical basis from among nationals of member states of the european union . no posts shall be reserved for nationals of any specific member state . ### recruitment shall be directed to securing for the institution the services of officials of the highest standard of ability , efficiency and integrity , recruited on the broadest possible geographical basis from among nationals of member states of the european union and with due regard to gender balance . no posts shall be reserved for nationals of any specific member state .


### ' 4 . the appointing authority of each institution may introduce flexible working - time arrangements . officials to whom the provisions of the second paragraph of article 44 apply shall manage their working - time without resorting to such arrangements . ' ; ### ' 4 . the appointing authority of each institution shall introduce flexible working - time arrangements . ' ;


### 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 rules set out in this regulation , and only where necessary by the laws of the member state in which they have their respective seat .


### to increase the transparency of european political party funding , and in order to avoid potential abuse of the funding rules , a member of the european parliament should , for the purposes of funding only , be considered as a member of only one european political party , which should , where relevant , be the one to which his or her national or regional political party is affiliated on the final date for the submission of applications . ### to increase the transparency of european political party recognition and funding , and in order to avoid potential abuse of the funding rules , a member of the european parliament should , for the purposes of funding only , be considered as a member of only one european political party , which should , where relevant , be the one to which his or her national or regional political party is affiliated on the final date for the submission of applications .


### european political parties should be able to finance campaigns conducted in the context of elections to the european parliament , while the funding and limitation of election expenses for parties and candidates at such elections should be governed by the rules applicable in each member state . in order to help raise the european political awareness of citizens of the union and to promote the transparency of the european electoral process , european political parties should be encouraged to inform citizens during elections to the european parliament of the ties between them and their affiliated national political parties and candidates . ### european political parties should be able to finance campaigns conducted in the context of elections to the european parliament , while the funding and limitation of election expenses for parties and candidates at such elections should be laid down in delegated acts . in order to help raise the european political awareness of citizens of the union and to promote the transparency of the european electoral process , european political parties should be encouraged to inform citizens during elections to the european parliament of the ties between them and their affiliated national political parties and candidates .


### 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 .


### ' political party ' means an association of citizens which pursues political objectives , ### ' political party ' means a voluntary association of citizens sharing common values , with electoral rights for european parliament elections , which pursues political objectives ,


### ‘ european political party’ means a ‘ political alliance’ which pursues political objectives and is registered with the european parliament in accordance with the conditions and procedures laid down in this regulation , ### ‘ european political party’ means a ‘ political alliance’ which pursues political objectives by campaigning for votes and seats at elections to the european parliament , by promoting candidates for the european commission and by campaigning in referendums on matters related to the european union . a european political party is registered with the european parliament in accordance with the conditions and procedures laid down in this regulation ,


### ‘ donation’ means cash offerings and other donations in kind that constitute an economic advantage for the european political party or the european political foundation concerned . ### ‘ donation’ means cash offerings and other donations in kind that constitute a financial advantage for the european political party or the european political foundation concerned .


### it must observe , in particular in its programme and in its activities , and through those of its members , the values on which the european union is founded , namely respect for human dignity , freedom , democracy , equality , the rule of law and respect for human rights , including the rights of persons belonging to minorities , ### it must observe , in particular in its programme and in its activities , and through those of its members , the values on which the european union is founded , namely respect for human dignity , freedom , democracy , equality , the rule of law , respect for human rights , including the rights of persons belonging to minorities , and compliance with the charter of fundamental rights of the european union ,


### it must observe , in particular in its programme and in its activities , and through those of its members , the values on which the european union is founded , namely respect for human dignity , freedom , democracy , equality , the rule of law and respect for human rights , including the rights of persons belonging to minorities , ### it must observe , in particular in its programme and in its activities , and through those of its members , the values on which the european union is founded , namely respect for human dignity , freedom , democracy , equality , the rule of law and respect for human rights , including the special rights of persons belonging to minorities ,


### it must observe , in particular in its programme and in its activities , the values on which the european union is founded , namely respect for human dignity , freedom , democracy , equality , the rule of law and respect for human rights , including the rights of persons belonging to minorities , ### it must observe , in particular in its programme and in its activities , the values on which the european union is founded , namely respect for human dignity , freedom , democracy , equality , the rule of law and respect for human rights , including the rights of persons belonging to minorities ; and shall not pursue religious and ethnic goals ,


### 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 ,


### 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 .


### a european political foundation shall automatically forfeit its status if the european political party with which it is affiliated is removed from the registry . the authorising officer responsible shall reduce the amount of or terminate the contribution or grant agreement or decision on union funding received under this regulation , and recover amounts unduly paid under the contribution or grant agreement or decision as well as any unspent union funding at the date of the decision adopted on the basis of article 11 . ### the authorising officer responsible shall reduce the amount of or terminate the contribution or grant agreement or decision on union funding received under this regulation , and recover amounts unduly paid under the contribution or grant agreement or decision as well as any unspent union funding at the date of the decision adopted on the basis of article 11 .


### contributions to a european political party from its members shall be admissible . these contributions shall not exceed 40 % of the annual budget of that european political party . ### contributions to a european political party from its affiliate member parties shall be admissible . these contributions shall not exceed 40 % of the annual budget of that european political party .


### if the european parliament finds , in accordance with article 7 , that a european political party or a european political foundation has failed to respect the values on which the union is founded or has been the subject of a judgement which has the force of res judicata for illegal activities detrimental to the financial interests of the union as defined in article [ 93 ] of the financial regulation , or that a european political party has failed to respect the minimum rules on internal democracy required by article 4 , the european political party or the european political foundation in question may be removed from the registry , forfeit its status in accordance with article 11 , and have any ongoing decision on union funding received under this regulation withdrawn or any ongoing agreement on such funding terminated and any union funding recovered , including any unspent union funds from previous years . ### if the european parliament finds , in accordance with article 7 , that a european political party or a european political foundation has failed to respect the values on which the union is founded , as set out in the charter of fundamental rights of the european union , or has been the subject of a judgement which has the force of res judicata for illegal activities detrimental to the financial interests of the union as defined in article [ 93 ] of the financial regulation , or that a european political party has failed to respect the minimum rules on internal democracy required by article 4 , the european political party or the european political foundation in question may be removed from the registry , forfeit its status in accordance with article 11 , and have any ongoing decision on union funding received under this regulation withdrawn or any ongoing agreement on such funding terminated and any union funding recovered , including any unspent union funds from previous years .


### a european political party or a european political foundation may , in addition , be excluded from funding for up to five years in cases of grave professional misconduct established by the authorising officer in accordance with article [ 93 ] of the financial regulation . ### a european political party or a european political foundation may , in addition , be excluded from funding for up to three years in cases of grave professional misconduct established by the authorising officer in accordance with article [ 93 ] of the financial regulation .


### 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 .


### if the european parliament considers it necessary , it may hear other natural or legal persons , including any complainants referred to in article 7 . ### before taking a final decision , the european parliament shall consult the committee of independent eminent persons . if the european parliament considers it necessary , it may hear other natural or legal persons , including any complainants referred to in article 7 .


### 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 .


### compliant and trustworthy economic operators should , as ‘ authorised economic operators’ , be able to take maximum advantage of widespread use of simplification and , taking account of security and safety aspects , benefit from reduced levels of customs control . they may thus enjoy the status of authorised economic operator for customs simplifications or the status of authorised economic operator for security and safety . they may be granted one or other status , or both together . ### compliant and trustworthy economic operators who help to secure the customs clearance chain and the european union ' s financial interests should , as ' authorised economic operators ' , be able to take maximum advantage of widespread use of simplification and , taking account of security and safety aspects , should enjoy practical benefits including reduced levels of customs control . they may thus enjoy the status of authorised economic operator for customs simplifications or the status of authorised economic operator for security and safety . they may be granted one or other status , or both together .


### where a comprehensive guarantee is to be provided for customs debts and other charges which may be incurred , an economic operator may be authorised to use a comprehensive guarantee with a reduced amount or to have a guarantee waiver provided that he fulfils the criteria laid down in article 22 and ### an economic operator may be authorised to use a comprehensive guarantee with a reduced amount or to have a guarantee waiver provided that he fulfils the criteria laid down in article 22 and


### where the customs debt is incurred as the result of an act which , at the time it was committed , was liable to give rise to criminal court proceedings , the three year period laid down in paragraph 1 shall be extended to a period of ten years . ### where the customs debt is incurred as the result of an act which , at the time it was committed , was liable to give rise to criminal court proceedings , the three year period laid down in paragraph 1 shall be extended to a period of five years .


### the customs authorities may authorise a the customs office at which the customs declaration is lodged shall carry out the formalities for the verification of the declaration , and the recovery of the amount of import or export duty corresponding to any customs debt . ### the customs office at which the customs declaration is lodged shall carry out the formalities for the verification of the declaration , and the recovery of the amount of import or export duty corresponding to any customs debt and for granting release of the goods .


### competent authorities may decide to abolish a restricted area and terminate the respective eradication measures , provided that during the surveys referred to in paragraph 1 no presence of the pest concerned has been found in that restricted area for a sufficiently long period . ### competent authorities may decide to abolish a restricted area and terminate the respective eradication measures , provided that during the surveys referred to in paragraph 1 no presence of the pest concerned has been found in that restricted area for a sufficiently long period to verify the pest free status .


### the commission shall be empowered to adopt delegated acts in accordance with article 98 , amending section 1 of annex iv on measures to manage the risks of quarantine pests , as regards the measures targeting prevention and elimination of infestation of cultivated and wild plants , measures targeting consignments of plants , plant products and other objects , measures targeting other pathways for quarantine pests , and amending section 2 of that annex on principles for the management of the risks of pests , as regards principles for the management of the risks of pests , taking into account the developments of technical and scientific knowledge . ### the commission shall be empowered to adopt delegated acts in accordance with article 98 , amending section 1 of annex iv on measures to manage the risks of quarantine pests , as regards the measures targeting prevention and elimination of infestation of cultivated and wild plants , measures targeting consignments of plants , plant products and other objects , measures targeting other pathways for quarantine pests , and amending section 2 of that annex on principles for the management of the risks of pests , as regards principles for the management of the risks of pests , taking into account the developments of technical and scientific knowledge as well as international standards for phytosanitary measures , agreed under the international plant protection convention .


### member states shall conduct surveys , over specific periods of time , checking for the presence of any union quarantine pest , and signs or symptoms of any pest provisionally qualifying as union quarantine pest , pursuant to section 3 of annex ii , in all areas where that pest was not known to be present . ### member states shall conduct surveys based on apparent risks , over specific periods of time , checking for the presence of any union quarantine pest , and signs or symptoms of any pest provisionally qualifying as union quarantine pest , pursuant to section 3 of annex ii , in all areas where that pest was not known to be present .


### the commission shall amend the implementing act referred to in paragraph 2 , where an assessment shows that a pest not listed in that act fulfils the conditions referred to in article 36 , a pest listed in that implementing act no longer fulfils one or more of those conditions or where amendments to that list are necessary , as regards categories referred to in paragraph 4 or thresholds referred to in paragraph 5 . ### the commission shall amend the implementing act referred to in paragraph 2 , where an assessment shows that a pest not listed in that act fulfils the conditions referred to in article 36 , a pest listed in that implementing act no longer fulfils one or more of those conditions or where amendments to that list are necessary , as regards categories referred to in paragraph 4 or thresholds referred to in paragraph 5 . stakeholders shall be involved in the process of establishing this list .


### this procedure should rely on an alert mechanism for early detection of emerging macroeconomic imbalances . it should be based on use of an indicative and transparent scoreboard combined with economic judgment . ### this procedure should rely on an alert mechanism for early detection of emerging macroeconomic imbalances . it should be based on use of an indicative and transparent scoreboard combined with economic judgment , particularly in relation to competitiveness .


### the scoreboard should consist of a limited set of economic and financial indicators relevant to detection of macroeconomic imbalances , with corresponding indicative thresholds . the composition of the scoreboard may evolve in time , inter alia due to evolving threats to macroeconomic stability or enhanced availability of relevant statistics . ### the scoreboard should consist of a limited set of economic and financial indicators relevant to competitiveness and detection of macroeconomic imbalances , with corresponding indicative thresholds . the composition of the scoreboard may evolve in time , inter alia due to evolving threats to macroeconomic stability or enhanced availability of relevant statistics .


### the member states should , in compliance with the legislation in force as regards the powers of the authorities responsible for the judicial inquiry and , where appropriate , in close collaboration with those authorities , ensure that the authorities responsible for safety investigations of civil aviation accidents and incidents are allowed to carry out their tasks in the best possible conditions ; the objectives of a judicial inquiry should not be compromised either . ### the member states should , in compliance with the legislation in force as regards the powers of the authorities responsible for the judicial inquiry and , where appropriate , in close collaboration with those authorities , ensure that the authorities responsible for safety investigations of civil aviation accidents and incidents are allowed to carry out their tasks without being hampered , while allowing for the proper administration of justice .


### the safety investigation authority shall notify without delay the commission , easa and the member states concerned of the occurrence of all accidents and serious incidents of which it has been notified . ### the safety investigation authority shall notify without delay the commission , easa , icao and the member states concerned of the occurrence of all accidents and serious incidents of which it has been notified .


### have unrestricted and unhampered access to the site of the accident or incident as well as to the aircraft , its contents or its wreckage ; ### have immediate unrestricted and unhampered access to the site of the accident or incident as well as to the aircraft , its contents or its wreckage ;


### if , in the course of the safety investigation , the safety investigation authority suspects that an act of unlawful interference was involved in the accident or incident , the investigator - in - charge shall immediately inform the judicial authorities thereof , at the request of which the control of the accident site shall be transferred to these authorities . subject to articles 15 and 16 , the relevant information collected in the safety investigation shall be also transferred to these authorities upon their request . this shall be without prejudice to the right of the safety investigation authority , in coordination with the authorities to which the control of the site was transferred , to continue the safety investigation . ### if , in the course of the safety investigation , the safety investigation authority finds that an act of unlawful interference was involved in the accident or incident , the investigator - in - charge shall immediately inform the judicial authorities thereof .


### except with the consent of all crew members concerned , cockpit voice and image recordings and their transcripts shall not be made available or used for purposes other than safety investigation . ### except with the consent of all crew members concerned , cockpit voice recordings and their transcripts shall not be made available or used for purposes other than safety investigation .


### member states shall lay down the rules on penalties applicable to infringement of the provisions of this regulation . the penalties provided for shall be effective , proportionate and dissuasive and shall , in particular , allow sanctioning any person who , contrary to this regulation : ### member states shall lay down the rules on penalties applicable to infringement of the provisions of this regulation . without prejudice to the right against self - incrimination , the penalties provided for shall be effective , proportionate and dissuasive and shall , in particular , allow sanctioning any person who , contrary to this regulation :


### including efta states , countries which have signed a treaty of accession with the union and the dependencies and territories of eea member states ### including eea states , countries which have signed a treaty of accession with the union and the dependencies and territories of eea member states


### in a context of progressive migration to ‘ all ip networks’ , the lack of availability of connectivity products based on the ip protocol for different classes of services with assured service quality that enable communication paths across network domains and across network borders , both within and between member states , hinders the development of applications that rely on access to other networks , thus limiting technological innovation . moreover , this situation prevents the diffusion on a wider scale of efficiencies which are associated with the management and provision of ip - based networks and connectivity products with an assured service quality level , in particular enhanced security , reliability and flexibility , cost - effectiveness and faster provisioning , which benefit network operators , service providers and end users . a harmonised approach to the design and availability of these products is therefore necessary , on reasonable terms including , where requested , the possibility of cross - supply by the electronic communications undertakings concerned . ### in a context of progressive migration to ' all ip networks ' , the lack of availability of connectivity products based on the ip protocol for different classes of services with a defined quality of service within closed communications networks using the internet protocol with strict admission control could hinder the development of services that rely on this defined quality in order to function adequately . a harmonised approach to the design and availability of these services is therefore necessary , including safeguards to guarantee that the enhanced quality is not functionally identical or to the detriment of the performance , affordability or quality of internet access services or undermines competition , innovation or net neutrality .


### the internet has developed over the past decades as an open platform for innovation with low access barriers for end - users , content and application providers and internet service providers . the existing regulatory framework aims at promoting the ability of end - users to access and distribute information or run applications and services of their choice . recently , however , the report of the body of european regulators for electronic communications on traffic management practices published in may 2012 and a study , commissioned by the executive agency for consumers and health and published in december 2012 , on the functioning of the market of internet access and provision from a consumer perspective , showed that a significant number of end - users are affected by traffic management practices which block or slow down specific applications . these tendencies require clear rules at the union level to maintain the open internet and to avoid fragmentation of the single market resulting from individual member states ' measures . ### the internet has developed over the past decades as an open platform for innovation with low access barriers for end - users , content and application providers and internet service providers . the key driver of the unprecedented innovation and economic activity in the digital age has been the fact that all internet traffic is treated equally , without discrimination , restriction or interference , independent of its sender , receiver , type , content , device , service or application ; conform the principle of net neutrality . the existing regulatory framework aims at promoting the ability of end - users to access and distribute information or run applications and services of their choice . recently , however , the report of the body of european regulators for electronic communications on traffic management practices published in may 2012 and a study , commissioned by the executive agency for consumers and health and published in december 2012 , on the functioning of the market of internet access and provision from a consumer perspective , showed that a significant number of end - users are affected by traffic management practices which block or slow down specific applications . these tendencies require clear rules to enshrine the principle of net neutrality in law at the union level to maintain the open internet and to avoid fragmentation of the single market resulting from individual member states ' measures .


### 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 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 .


### national regulatory authorities play an essential role in ensuring that end - users are effectively able to exercise this freedom to avail of open internet access . to this end national regulatory authorities should have monitoring and reporting obligations , and ensure compliance of providers of electronic communications to the public and the availability of non - discriminatory internet access services of high quality which are not impaired by specialised services . in their assessment of a possible general impairment of internet access services , national regulatory authorities should take account of quality parameters such as timing and reliability parameters , levels and effects of congestion in the network , actual versus advertised speeds , performance of internet access services compared with specialised services , and quality as perceived by end - users . national regulatory authorities should be empowered to impose minimum quality of service requirements on all or individual providers of electronic communications to the public if this is necessary to prevent general impairment / degradation of the quality of service of internet access services . ### national regulatory authorities play an essential role in ensuring that end - users are effectively able to exercise this freedom to avail of open internet access . to this end national regulatory authorities should have monitoring and reporting obligations , and ensure compliance of providers of electronic communications to the public and the availability of non - discriminatory internet access services of high quality which are not impaired by specialised services . national regulatory authorities should establish clear and comprehensible notification and redress mechanisms for end - users subjected to discrimination , restriction or interference of online content , services or applications . in their assessment of a possible general impairment of internet access services , national regulatory authorities should take account of quality parameters such as timing and reliability parameters , levels and effects of congestion in the network , actual versus advertised speeds , performance of internet access services compared with specialised services , and quality as perceived by end - users . national regulatory authorities should be empowered to impose minimum quality of service requirements on all or individual providers of electronic communications to the public if this is necessary to prevent general impairment / degradation of the quality of service of internet access services .


### ‘ 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 ;


### the commission may adopt implementing acts laying down uniform technical and methodological rules for the implementation of one or more of the european access products within the meaning of articles 17 and 19 and of annex i , points 2 and 3 , and annex ii , in accordance with the respective criteria and parameters specified therein . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 33 . ### the commission may adopt implementing acts laying down uniform technical and methodological rules for the implementation of one or more of the european access products within the meaning of article 17 and of annex i , points 2 and 3 , in accordance with the respective criteria and parameters specified therein . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 33 .


### ' 1 . the average wholesale charge that the visited network operator may levy on the customer ' s roaming provider for the provision of a regulated roaming call originating on that visited network , inclusive , inter alia , of origination , transit and termination costs , shall not exceed eur 0 , 14 per minute as of 1 july 2012 . 2 . the average wholesale charge referred to in paragraph 1 shall apply between any pair of operators and shall be calculated over a 12 - month period or any such shorter period as may remain before the end of the period of application of a maximum average wholesale charge as provided for in this paragraph or before 30 june 2022 . the maximum average wholesale charge shall decrease to eur 0 , 10 on 1 july 2013 and to eur 0 , 05 on 1 july 2014 and shall , without prejudice to article 19 , remain at eur 0 , 05 until 30 june 2022 . ' ### in article 7 , paragraphs 1 and 2 are replaced by the following : ' 1 . the average wholesale charge that the visited network operator may levy on the customer ' s roaming provider for the provision of a regulated roaming call originating on that visited network , inclusive , inter alia , of origination , transit and termination costs , shall not exceed the limits set in paragraph 2 . 2 . the average wholesale charge referred to in paragraph 1 shall apply between any pair of operators and shall be calculated over a 12 - month period or any such shorter period as may remain before the end of the period of application of a maximum average wholesale charge as provided for in this paragraph or before 30 june 2022 . the maximum average wholesale charge shall not exceed eur 0 , 10 on 1 july 2013 and shall decrease to eur 0 , 03 on 1 july 2014 , to eur 0 , 02 on 1 july 2015 , and to eur 0 , 01 on 1 july 2016 . '


### the aim of the galileo programme is to establish and operate the first global satellite navigation and positioning infrastructure specifically designed for civilian purposes . the system established under the galileo programme is completely independent of other existing or potential systems . ### the aim of the galileo programme is to establish and operate the first global satellite navigation and positioning infrastructure specifically designed for civilian purposes which can be used by a variety of european actors , states and agencies , as well as for security and defence applications , crisis and humanitarian operations . the system established under the galileo programme is completely independent of other existing or potential systems .


### since the programmes are at an advanced development stage leading to systems in an exploitation phase , a specific legal basis is required which can meet their needs , particularly in terms of governance and to satisfy the requirement for sound financial management . ### since the programmes are at an advanced development stage leading to systems in an exploitation phase , a specific legal basis is required which can meet their needs , particularly in terms of governance , mutual ownership and utilisation , as well as security of the systems , and to satisfy the requirement for sound financial management .


### given the increasing usage of satellite navigation across a great number of fields of activity , an interruption in the supply of services could lead to significant harm to modern society . in addition , due to their strategic aspect , satellite navigation systems are sensitive infrastructures , that could be susceptible to malicious use . the abovementioned aspects could affect the security of the union and its member states . security requirements must therefore be taken into account in the design , implementation and operation of the infrastructures emerging from the galileo and egnos programmes . ### given the increasing usage of satellite navigation across a great number of fields of activity , an interruption in the supply of services could lead to significant harm to modern society . in addition , due to their strategic aspect , satellite navigation systems are sensitive infrastructures , that could be susceptible to malicious use . the abovementioned aspects could affect the security of the union and its member states . security requirements must therefore be taken into account in the design , implementation and operation of the infrastructures emerging from the galileo and egnos programmes , in accordance with standard practices and agreed upon by all operators of the system .