### in order to encourage the involvement of small and medium - sized enterprises in the procurement market , it should be provided explicitly that contracts may be divided into lots , whether homogenous or heterogeneous . where contracts are divided into lots , contracting entities may , for instance in order to preserve competition or to ensure security of supply , limit the number of lots for which an economic operator may tender ; they may also limit the number of lots that may be awarded to any one tenderer . ### in order to encourage the involvement of small and medium - sized enterprises in the procurement market , member states should fully implement the european code of best practices facilitating access by smes to public procurement contracts . furthermore , it should be provided explicitly that contracts may be divided into lots , whether homogenous or heterogeneous . where contracts are divided into lots , contracting entities may , for instance in order to preserve competition or to ensure security of supply , limit the number of lots for which an economic operator may tender ; they may also limit the number of lots that may be awarded to any one tenderer .


### member states shall appoint a single independent body responsible for the oversight and coordination of implementation activities . member states shall inform the commission of their designation . ### member states shall ensure that an independent body responsible for the oversight and coordination of implementation activities is in place . member states shall inform the commission of their designation .


### before a work can be considered an orphan work , a good faith and reasonable diligent search for the author should be carried out . member states should be permitted to provide that such a diligent search may be carried out by the organisations referred to in this directive or by other organisations . ### before a work can be considered an orphan work , a good faith and reasonable diligent search for the author should be carried out . member states should be permitted to provide that such a diligent search may be carried out by the organisations referred to in this directive or by other organisations as long as those organisations carry out the diligent search in good faith and in a reasonable manner and use the results in order to attain objectives in the public interest , unless otherwise provided .


### this directive applies to works first published or broadcast in a member state and which are : ### this directive applies to works first published , broadcast or communicated to the public in a member state and which are :


### a work shall be considered an orphan work if the rightholder in the work is not identified or , even if identified , is not located after a diligent search for the rightholder has been carried out and recorded in accordance with article 3 . ### a work shall be considered an orphan work if the rightholder in the work is not identified or , even if identified , is not located after a reasonably diligent search for the rightholder has been carried out in good faith and recorded in accordance with article 3 .


### member states shall ensure that the results of diligent searches carried out in their territories are recorded in a publicly accessible database . ### member states shall ensure that the results of diligent searches carried out in their territories are recorded in a publicly accessible database which is available free of charge .


### member states shall ensure that a rightholder in a work considered to be orphan has , at any time , the possibility of putting an end to the orphan status . ### member states shall ensure that a rightholder in a work considered to be orphan has , at any time , the real possibility of putting an end to the orphan status in a speedy , uniform and cost - effective manner , in the member state of his choice .


### however , unless otherwise provided in article 7 , the organisations referred to in article 1 may not use orphan works in order to achieve aims other than their public interest missions , notably preservation , restoration and the provision of cultural and educational access to works contained in their collections . ### however , unless otherwise provided in article 7 , the organisations referred to in article 1 may not use orphan works in order to achieve any direct or indirect economic or commercial advantage or to achieve aims other than their public interest missions , notably preservation , restoration and the provision of cultural and educational access to works contained in their collections .


### measures to protect child victims should be adopted in their best interest , taking into account an assessment of their needs . child victims should have easy access to legal remedies , including free legal counselling and representation and measures to address conflicts of interest where abuse occurs in the family . moreover , child victims should be protected from sanctions , for example under national legislation on immigration or prostitution , if they bring their case to the attention of competent authorities . furthermore , participation in criminal proceedings by child victims should not cause additional trauma as a result of interviews or visual contact with offenders . ### measures to protect child victims should be adopted in their best interest , taking into account an assessment of their needs . child victims should have easy access to legal remedies , including free legal counselling and representation and measures to address conflicts of interest where abuse occurs in the family . moreover , child victims should be protected from sanctions , for example under national legislation on immigration or prostitution , if they bring their case to the attention of competent authorities . furthermore , participation in criminal proceedings by child victims should not cause additional trauma as a result of interviews or visual contact with offenders . the confidentiality of any information related to child victims ' identification is central to the protection of child victims .


### member states shall take the necessary measures to ensure that the measure referred to in paragraph 1 is entered in the criminal record of the convicting member state . ### member states shall take the necessary measures to ensure that the measure referred to in paragraph 1 is entered in the criminal record of the convicting member state . member states shall take the necessary legislative or other measures to ensure that criminal records have been checked every time a person applies for a new job whose exercise implies regular contact with children .


### without prejudice to the above , member states shall take the necessary measures to obtain the removal of internet pages containing or disseminating child pornography . ### without prejudice to the above , member states shall take the necessary measures to obtain the removal of internet pages containing or disseminating child pornography . member states shall take effective measures to investigate internet pages with illegal content within the cross - border co - operation .


### because excessive and imprudent risk - taking may undermine the financial soundness of financial institutions and destabilise the banking system , it is important that the new obligation concerning remuneration policies and practices should be implemented in a consistent manner . it is therefore appropriate to specify core principles on sound remuneration to ensure that the structure of remuneration does not encourage excessive risk - taking by individuals and is aligned with the risk appetite , values and long - term interests of the institution . in order to ensure that the design of remuneration policies is integrated in the risk management of the financial institution , the management body of each credit institution or investment firm should establish the general principles to be applied , and the policies should be subject to at least annual independent internal review . ### because excessive and imprudent risk - taking may undermine the financial soundness of financial institutions and destabilise the banking system , it is important that the new obligation concerning remuneration policies and practices should be implemented in a consistent manner and should cover all aspects of remuneration including salaries and pensions . it is therefore appropriate to specify core principles on sound remuneration to ensure that the structure of remuneration does not encourage excessive risk - taking by individuals or moral hazard and is aligned with the risk appetite , values and long - term interests of the institution while having due regard to their size , internal organisation and the nature , scope and complexity of their activities . in order to ensure that the design of remuneration policies is integrated in the risk management of the financial institution , the management body of each credit institution or investment firm should establish the general principles to be applied , and the policies should be subject to at least annual independent internal review .


### remuneration policy should aim at aligning the personal objectives of staff members with the long - term interests of the credit institution or investment firm concerned . the assessment of the performance - based components of remuneration should be based on longer - term performance and take into account the outstanding risks associated with the performance . the assessment of performance should be set in a multi - year framework , for example of three to five years , in order to ensure that the assessment process is based on longer term performance and that the actual payment of performance - based components of remuneration is spread over the business cycle of the firm ### remuneration policy should aim at aligning the personal objectives of staff members with the long - term interests of the credit institution or investment firm concerned . the assessment of the performance - based components of remuneration should be based on longer - term performance and take into account the outstanding risks associated with the performance . the assessment of performance should be set in a multi - year framework , of at least five years , in order to ensure that the assessment process is based on longer term performance and that the actual payment of performance - based components of remuneration is spread over the business cycle of the firm . to further align incentives , the pension allocations of all staff members covered by those requirements should be held as subordinated debt of the credit institution .


### in order to ensure effective supervisory oversight of the risks posed by inappropriate remuneration structures , the remuneration polices and practices adopted by credit institutions and investment firms should be included in the scope of supervisory review under directive 2006 / 48 / ec . in the course of that review , supervisors should assess whether those policies and practices are likely to encourage excessive risk - taking by the staff in question . ### in order to ensure effective supervisory oversight of the risks posed by inappropriate remuneration structures , the remuneration polices and practices adopted by credit institutions and investment firms should be included in the scope of supervisory review under directive 2006 / 48 / ec . in the course of that review , supervisors should assess whether those policies and practices are likely to encourage excessive risk - taking by the staff in question . in addition , supervisors should conduct thorough and intrusive checks on senior management , risk - takers and control functions , whose professional activities have a material impact on the risk profile of credit institutions , before they can take up their roles in order to ensure their suitability . such procedures should also apply to staff whose total remuneration , including pension provisions , takes them into the same bracket as these categories as staff . furthermore , supervisors should be notified whenever a credit institution initiates any malus or clawback in order to inform such interviews .


### given recent weak performance , the standards for internal models to calculate market risk capital requirements should be strengthened . in particular , their capture of risks should be completed regarding credit risks in the trading book . furthermore , capital charges should include a component adequate to stress conditions to strengthen capital requirements in view of deteriorating market conditions and in order to reduce the potential for pro - cyclicality . given the recent particular difficulties of treating securitisation positions using approaches based on internal models , institutions ' ability to model securitisation risks in the trading book should be limited and a standardised capital charge for securitisation positions in the trading book should be required by default . ### given recent weak performance , the standards for internal models to calculate market risk capital requirements should be strengthened . in particular , their capture of risks should be completed regarding credit risks in the trading book . furthermore , capital charges should include a component adequate to stress conditions to strengthen capital requirements in view of deteriorating market conditions and in order to reduce the potential for pro - cyclicality . financial institutions should also carry out reverse stress tests to examine what scenarios could challenge the viability of the bank unless they can prove that such a test is dispensable . given the recent particular difficulties of treating securitisation positions using approaches based on internal models , institutions ' ability to model securitisation risks in the trading book should be limited and a standardised capital charge for securitisation positions in the trading book should be required by default .


### paragraph 1 shall apply in respect of positions in new re - securitisations issued after 31 december 2010 . in respect of positions in existing re - securitisations , paragraph 1 shall apply from 31 december 2014 where new underlying exposures are added or substituted after that date . ' ### paragraph 1 shall apply in respect of positions in new re - securitisations issued after [ . . . ] . in respect of positions in existing re - securitisations , paragraph 1 shall apply from 1 january 2014 where new underlying exposures are added or substituted after that date .


### when establishing and applying the remuneration policies for those categories of staff whose professional activities have a material impact on their risk profile , credit institutions shall comply with the following principles in a way that is appropriate to their size , internal organisation and the nature , the scope and the complexity of their activities : ### when establishing and applying the total remuneration policies , inclusive of salaries and pensions , for categories of staff including senior management , risk takers and control functions , and any employee receiving total remuneration that takes them into the same remuneration bracket as those categories of staff , and whose professional activities have a material impact on their risk profile , credit institutions shall comply with the following principles in a way that is appropriate to their size , internal organisation and the nature , the scope and the complexity of their activities :


### payment of the major part of a significant bonus is deferred for an appropriate period and is linked to the future performance of the firm . ### a substantial proportion of the variable remuneration component is deferred over a sufficient period ; the size of the deferred proportion and the length of the deferral period is established in accordance with the business cycle , the nature of the business , its risks and the activities of the member of staff in question ; remuneration payable under deferral arrangements vests no faster than on a pro - rata basis ; at least 40&#160 ; % of the variable remuneration component is deferred ; and , in the event of a variable remuneration component of a particularly high amount , at least 60&#160 ; % of the amount is deferred and the deferral period is no less than five years .


### payment of the major part of a significant bonus is deferred for an appropriate period and is linked to the future performance of the firm . ### payment of the major part of a significant bonus is deferred for an appropriate period and is linked to the future performance of the firm whereby the pay - out of a bonus in shares or share - linked instruments or where appropriate in other non - cash instruments is in line with the long - term value creation and the time horizons of risk of the respective financial institution .


### the credit assessment shall not be based or partly based on unfunded support provided by the credit institution itself . ' ### the credit assessment shall not be based or significantly partly based on unfunded support provided by the credit institution itself . '


### where no credit assessment of a nominated ecai can be used for a position in asset backed commercial paper because of the requirement set out in point 1 of part 3 , the credit institution may use the risk - weight assigned to a liquidity facility in order to calculate the risk - weighted exposure amount for the commercial paper if the commercial paper of an abcp - program and the liquidity facility form overlapping positions . ' ### where a credit institution has two or more overlapping positions in a securitisation , it will be required to the extent that they overlap to include in its calculation of risk - weighted exposures amounts only the position or portion of a position producing the higher risk - weighted exposure amount . the credit institution may also recognise such overlap between specific risk capital charges for positions in the trading book and capital charges for positions in the banking book , provided that the credit institution is able to calculate and compare the capital charges for the relevant positions . for the purpose of this point ' overlapping ' means that the positions , wholly or partially , represent an exposure to the same risk such that the extent of the overlap there is a single exposure . where point 1 of part 3 applies to positions in asset backed commercial paper , the credit institution may , subject to the approval of the competent authority , use the risk - weight assigned to a liquidity facility in order to calculate the risk - weighted exposure amount for the commercial paper if the liquidity facility is not more junior than the commercial paper of an abcp - programme and to the extent that the liquidity facility form overlapping positions .


### the institution shall assign its net positions in the trading book in instruments that are not securitisation positions as calculated in accordance with point 1 to the appropriate categories in table 1 on the basis of their issuer / obligor , external or internal credit assessment , and residual maturity , and then multiply them by the weightings shown in that table . it shall sum its weighted positions resulting from the application of this point and of point 16a in order to calculate its capital requirement against specific risk . ### by way of derogation from point 14 , an institution may determine the specific risk capital charge for the correlation trading portfolio as follows : the institution computes the total specific risk capital charges that would apply just to the net long positions of the correlation trading portfolio and the total specific risk capital charges that would apply just to the net short positions of the correlation trading portfolio . the larger of these total amounts shall be the specific risk capital charge for the correlation trading portfolio . for the purpose of this directive , the correlation trading portfolio shall consist of securitisation positions and nth - to - default credit derivatives that meet the following criteria : the positions are neither re - securitisation positions , nor options on a securitisation tranche , nor any other derivatives of securitisation exposures that do not provide a pro - rata share in the proceeds of a securitisation tranche ; and all reference instruments are single - name instruments , including single - name credit derivatives , for which a liquid two - way market exists . this shall also include commonly traded indices based on these reference entities . a two - way market is deemed to exist where there are independent bona fide offers to buy and sell so that a price reasonably related to the last sales price or current bona fide competitive bid and offer quotations can be determined within one day and settled at such price within a relatively short time conforming to trade custom .


### for the purpose of responding to a request for assistance from competent authorities in another member state , member states shall ensure that service providers established in their territory supply their competent authorities with all the information necessary for supervising their activities in compliance with their national laws . ### for the purpose of responding to a request for assistance from competent authorities in another member state , member states shall ensure that service providers established in their territory supply their competent authorities with all the information necessary for supervising their activities in compliance with their national laws . where service providers fail to provide such information , appropriate action must be initiated by the competent authorities within the host state and where appropriate in cooperation with the competent authorities of the state of establishment .


### the commission adopted the communication ' europe 2020 - a strategy for smart , sustainable and inclusive growth ' in march 2010 . the communication was endorsed by the european council of june 2010 . the europe 2020 strategy responds to the economic crisis and is intended to prepare europe for the next decade . it sets five ambitious objectives on climate and energy , employment , innovation , education and social inclusion to be reached by 2020 and identifies key drivers for growth , which aim at making europe more dynamic and competitive . it also emphasises the importance of reinforcing the growth of the european economy while delivering high levels of employment , a low carbon , resource and energy - efficient economy and social cohesion . ### the commission adopted the communication ' europe 2020 - a strategy for smart , sustainable and inclusive growth ' in march 2010 . the communication was endorsed by the european council of june 2010 . the europe 2020 strategy responds to the economic crisis and is intended to prepare europe for the next decade . it sets five ambitious objectives on climate and energy , employment , innovation , education and social inclusion to be reached by 2020 and identifies key drivers for growth , which aim at making europe more dynamic and competitive . it also emphasises the importance of reinforcing the growth of the european economy while delivering high levels of employment , a low carbon , resource and energy - efficient economy and social cohesion , for example through smes that have an important role in reaching those objectives .


### the competitiveness policy of the union is intended to put into place the institutional and policy arrangements that create conditions under which enterprises can grow in a sustainable way . improved productivity is the dominant source of sustainable income growth , which in turn contributes to improvements in living standards . competitiveness also depends on companies ' ability to take full advantage of opportunities such as the european single market . this is especially important for smes , which account for 99% of the enterprises in the union , provide two out of three existing jobs in the private sector , and 80 % of newly - created jobs , and contribute with more than half of the total value - added created by enterprises in the union . smes are a key driver for economic growth , employment and social integration . ### the competitiveness policy of the union is intended to put into place the institutional and policy arrangements that create conditions under which enterprises can be created and grow in a sustainable way . improved productivity is the dominant source of sustainable income growth , which in turn contributes to improvements in living standards . competitiveness also depends on companies ' ability to take full advantage of opportunities such as the european single market . this is especially important for smes , which account for 99% of the enterprises in the union , provide two out of three existing jobs in the private sector , and 80 % of newly - created jobs , and contribute with more than half of the total value - added created by enterprises in the union . smes are a key driver for economic growth , employment and social integration .


### to improve the competitiveness of european enterprises , notably smes , the member states and the commission need to create a favourable business environment . the interests of smes and the sectors in which they are most active need particular attention . initiatives at union level are necessary in order to develop a level playing field for smes and to exchange information and knowledge on a european scale . ### to improve the competitiveness of european enterprises , notably smes , the member states and the commission need to create a favourable business environment . the interests of smes need particular attention . initiatives at union level are necessary in order to develop a level playing field for smes , to exchange information and knowledge on a european scale and to support the development of a common union sme policy with european added value .


### global competition , demographic changes , resource constraints and emerging social trends generate challenges and opportunities for some sectors . for example , design - based sectors facing global challenges and characterised by a high proportion of smes need to adapt to reap the benefits and harness the untapped potential of high demand for personalised , inclusive products . as these challenges apply to all smes in the union in these sectors , a concerted effort at union level is necessary . ### global competition , demographic changes , the limited nature of natural resources , in particular fossil resources , and emerging social trends generate challenges and opportunities for some sectors . for example , design - based sectors facing global challenges and characterised by a high proportion of smes need to adapt to reap the benefits and harness the untapped potential of high demand for personalised , inclusive products . as these challenges apply to all smes in the union in these sectors , a concerted effort at union level is necessary .


### as outlined in the commission communication of 30 june 2010 , entitled ‘ europe , the world ' s no 1 tourist destination – a new political framework for tourism in europe’ , which was endorsed by the european council conclusions of october 2010 , tourism is an important sector of the union economy . enterprises in this sector substantially contribute to the union ' s gross domestic product and job creation and have significant potential for the development of entrepreneurial activity , since it is run mainly by smes . the lisbon treaty acknowledges the importance of tourism outlining the union specific competences in this field which complement the actions of member states . there is clear added value for the tourism initiative at union level , especially in providing data and analysis , in developing transnational promotion strategies and in exchanging best practices . ### as outlined in the commission communication of 30 june 2010 entitled ‘ europe , the world ' s no 1 tourist destination – a new political framework for tourism in europe’ , which was endorsed by the european council conclusions of october 2010 , tourism is an important sector of the union economy . enterprises in this sector contribute substantially to the union ' s gross domestic product and to job creation and have significant potential for the development of entrepreneurial activity , since it is run mainly by smes . the lisbon treaty acknowledges the importance of tourism , outlining the union ' s specific competences in this field which complement the actions of member states . initiatives in the tourism sector should be supported by the programme where there is clear added value at union level .


### the programme should indicate actions for the objectives , the total financial envelope for pursuing those objectives , different types of implementing measures , and the arrangements for monitoring and evaluation and for protection of the union ' s financial interests . ### the programme should indicate actions for the objectives , the total financial envelope for pursuing those objectives , different types of implementing measures , and the transparent arrangements for monitoring and evaluation and for protection of the union ' s financial interests .


### the programme should complement other union programmes , while acknowledging that each instrument should work according to its own specific procedures . thus , the same eligible costs should not receive double funding . with the aim to achieve added value and substantial impact of union funding , close synergies should be developed between the programme , other union programmes and the structural funds . ### the programme should complement other union programmes , while acknowledging that each instrument should work according to its own specific procedures . thus , the same eligible costs should not receive double funding . with the aim to achieve added value and substantial impact of union funding , close synergies should be developed between the programme and other union programmes , such as horizon 2020 , and the structural funds .


### and sme turnover rate . ### and sme start ups , growth and reduction in number of failures .


### support for sme policy development and cooperation between policy makers , particularly with a view to improving the ease - of - access to programmes and measures for smes . ### support for sme policy development and cooperation between policy makers , particularly with a view to improving the ease - of - access to programmes , measures and reducing administrative burdens for smes .


### the commission shall support actions which aim to improve access to finance for smes in their start - up and growth phases , being complementary to the member states ' use of financial instruments for smes at national and regional level . in order to ensure complementarity , these actions will be closely coordinated with those undertaken in the framework of cohesion policy and at national level . such actions shall aim to stimulate the supply of both equity and debt finance . ### the commission shall support actions which aim to improve access to finance for smes in their start - up and growth and transfer phases , without imposing additional administrative burdens and being complementary to the member states ' use of financial instruments for smes at national and regional level . in order to ensure complementarity , these actions will be closely coordinated with those undertaken in the framework of cohesion policy and at national level . such actions shall aim to stimulate the supply of both equity and debt finance .


### in order to implement the programme , the commission shall adopt an annual work programme in accordance with the examination procedure referred to in article 16 . the annual work programmes shall set out the objectives pursued , the expected results , the method of implementation and their total amount . they shall also contain a description of the actions to be financed , an indication of the amount allocated to each action and an indicative implementation timetable , as well as appropriate indicators for monitoring effectiveness in delivering outcomes and achievements of the objectives . they shall include for grants the priorities , the essential evaluation criteria and the maximum rate of co - financing . ### in order to implement the programme , the commission shall adopt an annual work programme in accordance with the examination procedure referred to in article 16 . the annual work programmes shall set out the objectives pursued based on prior consultations , the expected results , the method of implementation and their total amount . they shall also contain a description of the actions to be financed , an indication of the amount allocated to each action and an indicative implementation timetable , as well as appropriate indicators for monitoring effectiveness in delivering outcomes and achievements of the objectives . they shall include for grants the priorities , the essential evaluation criteria and the maximum rate of co - financing .


### impact assessments of union measures of particular relevance for the competitiveness of enterprises , with a view to identifying areas of existing legislation that need to be simplified , or areas in which new legislative measures need to be proposed ; ### impact assessments of union measures of particular relevance for the competitiveness of enterprises , in particular smes , with a view to identifying areas of existing legislation that need to be simplified , or areas in which new legislative measures need to be proposed ;


### the evaluation of legislation affecting enterprises , specific industrial policy and competitiveness - related measures . ### the evaluation of legislation affecting enterprises , and in particular smes , specific industrial policy and competitiveness - related measures .


### the partnership and cooperation agreements , the association agreements and other existing or future agreements that establish a relationship with partner countries , corresponding communications , council conclusions and european parliament resolutions as well as relevant conclusions of ministerial meetings with the partner countries shall constitute the overall policy framework for programming and implementing union support under this regulation . ### the partnership and cooperation agreements , the association agreements and other existing or future agreements that establish a relationship with partner countries , corresponding communications and country reports , council conclusions and european parliament resolutions as well as relevant conclusions of ministerial meetings with the partner countries shall constitute the overall policy framework for programming and implementing union support under this regulation .


### the appearance of the product and in particular where a product , although not foodstuff , resembles foodstuff and is likely to be confused with foodstuff due to its form , odour , colour , appearance , packaging , labelling , volume , size or other characteristics . ### the appearance of the product and in particular where a product ; - although not foodstuff , resembles foodstuff and is likely to be confused with foodstuff due to its form , odour , colour , appearance , packaging , labelling , volume , size or other characteristics . - although not a toy , clearly resembles a toy and is likely to be especially appealing to children .


### manufacturers shall keep , for a period of ten years after the product has been placed on the market , the technical documentation and make it available to the market surveillance authorities , upon request . ### manufacturers shall , for a period of five years after the product has been placed on the market , make the relevant parts of technical documentation available to the market surveillance authorities in electronic or physical format , upon reasoned request . the technical documentation does not have to be located in the territory of the union , nor does it have to be permanently available in material form . however , it must be capable of being assembled and made available within a reasonable time - frame .


### the provisions of the common market organisation should be implemented in compliance with the union international commitments , in particular with regard to the provisions of the world trade organisation . ### the provisions of the common market organisation should be implemented in compliance with the union international commitments , in particular with regard to the provisions of the world trade organisation . it must be stressed , however , that fish and shellfish are a common good and that fishing is therefore not like other industries . it must , in particular , be regulated by measures that satisfy environmental and ecosystemic criteria , irrespective of market requirements .


### it is appropriate to lay down common conditions for the recognition of producer organisations and inter - branch organisations by member states , for extension of the rules adopted by producer organisations and inter - branch organisations , and for the costs resulting from such extension to be shared . the procedure for extension of rules should be subject to authorisation by the commission . ### it is appropriate to lay down common conditions and criteria for the recognition of producer organisations and inter - branch organisations by member states , for extension of the rules adopted by producer organisations and inter - branch organisations , and for the costs resulting from such extension to be shared . the procedure for extension of rules should be subject to authorisation by the commission .


### – disposing of landed products which do not conform to the minimum marketing sizes referred to in article 39 for uses other than human consumption ; ### – disposing of landed products which do not conform to the minimum marketing sizes referred to in article 39 for uses other than human consumption , while ensuring that such disposal does not result in the emergence of a discards market ;


### they comply with the competition rules laid down in chapter vi ; ### they comply with the competition rules laid down in chapter v ;


### a producer organisation whose members are nationals of different member states or an association of producer organisations recognised in different member states shall perform its tasks without prejudice to the provisions governing the allocation of fishing opportunities among member states in accordance with article 16 of the regulation on the common fisheries policy . ### a producer organisation whose members are nationals of different member states or an association of producer organisations recognised in different member states shall perform its tasks in accordance with the provisions governing the allocation of fishing opportunities among member states in accordance with article 16 of the regulation on the common fisheries policy .


### chapter vi on competition rules is complied with ; ### chapter v on competition rules is complied with ;


### establish and manage the emergency response centre , ensuring 24 / 7 operational capacity , and serving the member states and the commission for the purposes of the mechanism ; ### establish and manage the emergency response centre in coordination with the existing national and regional bodies , ensuring 24 / 7 operational capacity , and serving the member states and the commission for the purposes of the mechanism ;


### proposal for a regulation of the european parliament and the council on the european union agency for law enforcement cooperation and training and repealing decisions 2009 / 371 / jha and 2005 / 681 / jha ### proposal for a regulation of the european parliament and the council on the european union agency for law enforcement cooperation and repealing decision 2009 / 371 / jha


### having regard to the treaty on the functioning of the european union , and in particular article 88 and article 87 thereof , ### having regard to the treaty on the functioning of the european union , and in particular article 88 thereof ,


### article 88 of the treaty provides for europol to be governed by a regulation to be adopted in accordance with the ordinary legislative procedure . it also requires the establishment of procedures for the scrutiny of europol’s activities by the european parliament , together with national parliaments . therefore , it is necessary to replace the decision 2009 / 371 / jha by a regulation laying down rules on parliamentary scrutiny . ### article 88 of the treaty provides for europol to be governed by a regulation to be adopted in accordance with the ordinary legislative procedure . it also requires the establishment of procedures for the scrutiny of europol’s activities by the european parliament , together with national parliaments in accordance with article 12 of the treaty on european union and article 9 of protocol no 1 on the role of national parliaments in the european union , in order to enhance the democratic legitimacy and accountability of europol to the european citizens . therefore , it is necessary to replace the decision 2009 / 371 / jha by a regulation laying down rules on parliamentary scrutiny .


### the european police college was established by decision 2005 / 681 / jha to facilitate cooperation between national police forces by organising and coordinating training activities with a european policing dimension . ### europol for enabling its mission also establishes a special cooperation with the european police college , as established by decision 2005 / 681 / jha , in order to facilitate cooperation between national police forces by organising and coordinating training activities with a european policing dimension .


### given the links between the tasks of europol and cepol , integrating and rationalising the functions of the two agencies would enhance the effectiveness of operational activity , the relevance of training and the efficiency of union police cooperation . ### given the links between the tasks of europol and cepol , a special cooperation of the two agencies would enhance the effectiveness of operational activity , the relevance of training and the efficiency of union police cooperation .


### decisions 2009 / 371 / jha and 2005 / 681 / jha should therefore be repealed and replaced by this regulation , which draws on the lessons learnt from the implementation of both decisions . europol as established by this regulation should replace and assume the functions of europol and cepol as established by the two repealed decisions . ### decision 2009 / 371 / jha should therefore be repealed and replaced by this regulation , which draws on the lessons learnt from the implementation of that decision . europol as established by this regulation should replace and assume the functions of europol as established by the repealed decision .


### europol , as set up by this regulation replaces and succeeds europol as established by decision 2009 / 371 / jha and cepol as established by decision 2005 / 681 / jha . it should therefore be a legal successor of all their contracts , including employment contracts , liabilities and properties acquired . international agreements concluded by europol as established on the basis of decision 2009 / 371 / jha and cepol as established on the basis of decision 2005 / 681 / jha should remain in force , with the exception of the headquarters agreement concluded by cepol . ### europol , as set up by this regulation , replaces and succeeds europol as established by decision 2009 / 371 / jha . it should therefore be a legal successor of all their contracts , including employment contracts , liabilities and properties acquired . international agreements concluded by europol as established on the basis of decision 2009 / 371 / jha should remain in force .


### to enable europol to continue to fulfil the tasks of europol as established on the basis of decision 2009 / 371 / jha and cepol as established by decision 2005 / 681 / jha to the best of its abilities , transitional measures should be laid down , in particular with regard to the management board , the executive director and ring - fencing part of europol’s budget for training for three years following the entry into force of this regulation . ### to enable europol to continue to fulfil the tasks of europol as established on the basis of decision 2009 / 371 / jha to the best of its abilities , transitional measures should be laid down , in particular with regard to the management board , the executive director and ring - fencing part of europol’s budget for training for three years following the entry into force of this regulation .


### member states , union bodies , third countries and international organisations may indicate , at the moment of transferring information , any restriction on access or use , in general or specific terms , including as regards erasure or destruction . where the need for such restrictions becomes apparent after the transfer , they shall inform europol accordingly . europol shall comply with such restrictions . ### member states , union bodies , third countries and international organisations may indicate , at the moment of transferring information , any restriction on access or use , in general or specific terms , including as regards erasure or destruction . in setting such restrictions , they shall as much as possible refrain from preventing information being made available to the european parliament and national parliaments when exercising parliamentary scrutiny in accordance with the provisions laid down in chapter ix of this regulation . where the need for such restrictions becomes apparent after the transfer , they shall inform europol accordingly . europol shall comply with such restrictions .


### the chairperson of the management board and the executive director shall appear before the european parliament , jointly with national parliaments , at their request to discuss matters relating to europol , taking into account the obligations of discretion and confidentiality . 2 . parliamentary scrutiny by the european parliament , together with national parliaments , of europol’s activities shall be exercised in accordance with this regulation . ### the chairperson of the management board and the executive director shall appear before the european parliament , jointly with national parliaments , at their request , at least twice per year , to discuss matters relating to europol ' s strategic documents and / or its evaluation reports , taking into account the obligations of discretion and confidentiality . 2 . parliamentary scrutiny by the european parliament , together with national parliaments , of europol’s activities shall be exercised in accordance with the decisions taken by both the european and national parliaments . 2a . to this extent , that scrutiny shall be exerted by an interparliamentary body within which representatives of the european parliament and the national parliaments would meet on a regular basis and which functioning modalities shall be decided together by the european parliament and the national parliaments at the latest 6 months after the entry into force of this regulation . that scrutiny shall be organized within the framework of existing - interparliamentary structures .


### for the purpose of enabling it to exercise parliamentary scrutiny of europol ' s activities in accordance with article 53 , access to european union classified information and sensitive non - classified information processed by or through europol may be granted to the european parliament and its representatives upon request . 2 . access to european union classified information and sensitive non - classified information shall be in compliance with the basic principles and minimum standards as referred to in article 69 . the details shall be governed by a working arrangement concluded between europol and the european parliament . ### for the purpose of enabling it to exercise parliamentary scrutiny of europol ' s activities in accordance with article 53 , access to european union classified information and sensitive non - classified information processed by or through europol shall be granted to the european parliament and its representatives upon request , after consultation of the data provider and after deletion of personal data . 2 . access to european union classified information and sensitive non - classified information shall be in compliance with the basic principles and minimum standards laid down in the decision of the bureau of the european parliament of 15 april 2013 concerning the rules governing the treatment of confidential information by the european parliament1 . the details shall be governed by a working arrangement concluded between europol and the european parliament on the basis of annex ii of the framework agreement on relations between the european parliament and the european commission . _____________ 1 not yet published in the official journal


### before appointment , the candidate selected by the management board may be invited to make a statement before the competent committee of the european parliament and to answer questions put by its members . ### before appointment , the candidate selected by the management board shall , if invited to , make a statement before the competent committee of the european parliament and to answer questions put by its members .


### no later than five years after [ the date of application of this regulation , ] and every five years thereafter , the commission shall commission an evaluation to assess particularly the impact , effectiveness and efficiency of europol and its working practices . the evaluation shall , in particular , address the possible need to modify the objectives of europol , and the financial implications of any such modification . 2 . the commission shall forward the evaluation report together with its conclusions on the report to the european parliament , the council , the national parliaments and the management board . ### no later than five years after [ the date of application of this regulation , ] and every five years thereafter , the commission shall commission an evaluation to assess particularly the impact , effectiveness and efficiency of europol and its working practices as well as the functioning of the mechanisms for control of europol ' s activities by the european parliament together with national parliaments . the evaluation shall , in particular , address the possible need to modify the objectives of europol , and the financial implications of any such modification . 2 . the commission shall forward the evaluation report together with its conclusions on the report , if appropriate accompanied by a proposal to amend this regulation , to the european parliament , the council , the national parliaments and the management board .


### this regulation replaces and repeals decision 2009 / 371 / jha and decision 2005 / 681 / jha . references to the replaced decisions shall be construed as references to this regulation . ### this regulation replaces and repeals decision 2009 / 371 / jha . references to the replaced decision shall be construed as references to this regulation .


### all legislative measures implementing the decisions 2009 / 371 / jha and decision 2005 / 681 / jha are repealed with effect from the date of application of this regulation . 2 . all non - legislative measures implementing decision 2009 / 371 / jha which sets up the european police office and decision 2005 / 681 / jha which sets up cepol shall remain in force following the [ date of application of this regulation ] , unless otherwise decided by the management board of europol in the implementation of this regulation . ### all legislative measures implementing decision 2009 / 371 / jha are repealed with effect from the date of application of this regulation . 2 . all non - legislative measures implementing decision 2009 / 371 / jha which sets up the european police office shall remain in force following the [ date of application of this regulation ] , unless otherwise decided by the management board of europol in the implementation of this regulation .


### draft legislative resolution ### recalls its resolution of 8 june 2011 on ' investing in the future : a new multiannual financial framework for a competitive , sustainable and inclusive europe ' ; reiterates that , regardless of realisable savings and reallocations , sufficient additional resources are needed in the next multiannual financial framework to enable the union to fulfil the existing policy priorities and the new tasks provided for by the treaty of lisbon , as well as to respond to unforeseen events ; points out that even with an increase in the level of resources for the next mff of at least 5 % compared to the 2013 level only a limited contribution can be made to the achievement of the union ' s agreed objectives and commitments and the principle of union solidarity ; challenges the council , in case it does not share this approach , to clearly identify which of its political priorities or projects could be dropped altogether , despite their proven european added value ;


### this directive should contribute to the effective management of migration flows for the specific category of seasonal temporary migration by setting out fair and transparent rules for admission and stay , while at the same time providing for incentives and safeguards to prevent temporary stay from becoming permanent . in addition , the rules laid down in directive 2009 / 52 / ec of the european parliament and of the european council providing for minimum standards on sanctions and measures against employers of illegally staying third - country nationals will contribute to avoiding such temporary stay turning into illegal stay . ### this directive should contribute to the effective management of migration flows for the specific category of seasonal temporary migration by setting out fair and transparent rules for admission and stay , while at the same time providing for incentives and safeguards to prevent temporary stay from becoming permanent . in addition , the rules laid down in directive 2009 / 52 / ec of the european parliament and of the council providing for minimum standards on sanctions and measures against employers of illegally staying third - country nationals will contribute to avoiding such temporary stay turning into illegal stay . this directive should , in addition , help to protect women in particular from precarious employment and exploitation .


### the commission should assess whether to approve that contracting authorities / entities within the meaning of directives [ 2004 / 17 / ec , 2004 / 18 / ec and directive [ … . ] of the european parliament and the council of [ … . ] … . on the award of concession contracts13 ] exclude , for contracts with an estimated value equal or above eur 5 . 000 . 000 from procedures for the award of contracts goods and services not covered by the international commitments undertaken by the european union . __________________ 13 oj l… . ### the commission should assess whether to approve that contracting authorities / entities within the meaning of directives [ 2004 / 17 / ec , 2004 / 18 / ec and directive [ … . ] of the european parliament and the council of [ … . ] … . on the award of concession contracts13 ] exclude , for contracts with an estimated value equal or above eur 5 . 000 . 000 from procedures for the award of contracts goods and services not covered by the international commitments undertaken by the european union . this should not concern procedures for contracting goods and services with countries benefiting from the ' everything but arms ' arrangement listed in annex iv of the european parliament and council regulation no 97 / 2012 applying a scheme of generalised tariff preferences , and contracting goods and services originating in developing countries as defined in annex vii to the european parliament and council regulation no 978 / 2012 applying a scheme of generalised tariff preferences . __________________ 13 oj l… .


### the development , production and dissemination of european statistics within the legislative framework of the multiannual programme should be achieved through close and coordinated cooperation within the european statistical system between the european union statistical authority , which is the commission , and the national statistical institutes and other national authorities . ### the development , production and dissemination of european statistics within the legislative framework of the multiannual programme should be achieved through close and coordinated cooperation within the european statistical system between the european union statistical authority , which is the commission , and the national statistical institutes and other national authorities . in this respect , the independence of both national statistical institutes and eurostat is essential for providing credible and high quality statistical data ;


### the programme shall be implemented in accordance with the principles of the european statistics code of practice with a view to producing and disseminating high - quality , harmonised european statistics and ensuring the proper functioning of the european statistical system as a whole . appropriate measures shall be taken to ensure good coordination and effective priority setting within the ess in order to contribute to the reduction of administrative burden on statistical respondents . national authorities and the union statistical authority shall ensure that european statistics comply with the european quality standards and serve the needs of european union institutional users , governments , regional authorities , research institutions , civil society organisations , enterprises and the public . ### the programme shall be implemented in accordance with the principles of the european statistics code of practice with a view to producing and disseminating high - quality , harmonised european statistics and ensuring the proper functioning of the european statistical system as a whole . appropriate measures shall be taken to ensure the independence of both nsis and eurostat , including by introducing changes to its institutional status . good coordination , effective priority setting and peer review within the ess are essential for the reduction of administrative burden on statistical respondents . national authorities and the union statistical authority shall ensure that european statistics comply with the european quality standards and serve the needs of european union institutional users , governments , regional authorities , research institutions , civil society organisations , enterprises and the public .


### implementation of the revised statistical law , decision on the role of eurostat ; ### implementation of the revised statistical law , decision on the role of eurostat and possible modification thereof ;


### regular stakeholder dialogues at top management level organised . ### peer review system and regular stakeholder dialogues at top management level .


### this directive lays down rules concerning the taking - up and pursuit of the activities of insurance and reinsurance mediation , including professional management of claims and loss adjusting , by natural and legal persons which are established in a member state or which wish to be established there . ### this directive lays down rules concerning the taking - up and pursuit of the activities of insurance and reinsurance mediation , by natural and legal persons which are established in a member state or which wish to be established there .


### ‘ insurance mediation’ means the activities of advising on , proposing or carrying out other work preparatory to the conclusion of contracts of insurance , concluding such contracts or assisting in the administration and performance of such contracts , in particular in the event of a claim , and the activity of professional management of claims and loss adjusting . these activities shall be considered to be insurance mediation also if carried on by an insurance undertaking without the intervention of an insurance intermediary . ### ‘ insurance mediation’ means the activities of advising on , proposing or carrying out other work preparatory to the conclusion of insurance , concluding such contracts or assisting in the administration and performance of such contracts . the activities of advising on , proposing or concluding contracts of insurance shall be considered to be insurance mediation also if carried on by an employee of an insurance undertaking in direct contact with the client , without the intervention of an insurance intermediary .


### ‘ advice’ means the provision of a recommendation to a customer , either upon their request or at the initiative of the insurance undertaking or the insurance intermediary ; ### ‘ advice’ means the provision of a personal recommendation tailored to a customer , either upon their request or at the initiative of the insurance undertaking or the insurance intermediary ; the activity of advice should be considered as a separate service that is distinct from the provision of information and explanations on the products ;


### member states may stipulate that , where an insurance or reinsurance intermediary acts under the responsibility of an insurance or reinsurance undertaking or of another registered insurance or reinsurance intermediary , the latter intermediary or the undertaking shall be responsible for ensuring that it meets the conditions for registration set out in this directive . in such a case , the person or entity accepting responsibility shall , having been informed by the member states of the matters set out in paragraph 7 of this article , sub - paragraphs and , be satisfied as to the matter set out in paragraph 7 of this article , sub - paragraph . member states may also stipulate that the person or entity which takes responsibility for the intermediary shall register that intermediary . ### member states may stipulate that , where an insurance or reinsurance intermediary acts under the responsibility of an insurance or reinsurance undertaking or intermediary , the insurance intermediary shall not provide the competent authority with the registration information in article 3 and the insurance intermediary or undertaking responsible shall ensure that their insurance intermediary meets the conditions for registration and other provisions set out in this directive . member states may also stipulate that the person or entity which takes responsibility for the intermediary shall register that intermediary .


### the commission shall be empowered to adopt delegated acts in accordance with article 33 . those delegated acts shall specify ### eiopa shall develop draft regulatory technical standards . those regulatory technical standards shall specify :


### member states shall ensure the setting - up of appropriate , effective , impartial and independent complaints and redress procedures for the out - of - court settlement of disputes between insurance intermediaries and customers , and between insurance undertakings and customers , using existing bodies where appropriate . member states shall further ensure that all insurance undertakings and insurance intermediaries participate in the procedures for the out - of - court settlement of disputes where the following conditions are met : ### in line with the directive on alternative dispute resolution and the regulation on online dispute resolution member states shall ensure the setting - up of appropriate , effective , impartial and independent complaints and redress procedures for the out - of - court settlement of disputes between insurance intermediaries and customers , and between insurance undertakings and customers , using existing bodies where appropriate . member states shall further ensure that all insurance undertakings and insurance intermediaries participate in the procedures for the out - of - court settlement of disputes where the following conditions are met :


### member states shall ensure that insurance and reinsurance undertakings and intermediaries use the insurance and reinsurance mediation services only of registered insurance and reinsurance intermediaries or of the persons referred to in article 1 or of the persons who have fulfilled the declaration procedure referred to in article 4 . ### member states shall ensure that , when using the services of the insurance or reinsurance intermediaries established in the eu , insurance and reinsurance undertakings and intermediaries use the insurance and reinsurance mediation services only of registered insurance and reinsurance intermediaries or of the persons referred to in article 1 or of the persons who have fulfilled the declaration procedure referred to in article 4 .


### prior to the conclusion of a contract , whether or not advice is given , the insurance intermediary or insurance undertaking shall give the customer the relevant information about the insurance product in a comprehensible form to allow the customer to make an informed decision , while taking into account the complexity of the insurance product and the type of costumer . ### prior to the conclusion of a contract , whether or not advice is provided , the insurance intermediary or insurance undertaking shall provide the customer the relevant information about the insurance product in a comprehensible form , in a key information document , in order to allow the customer to make an informed decision , while taking into account the complexity of the insurance product and the type of costumer . the information shall be provided in a standardised information sheet , in a plain language , and containing the key information of the insurance contract .


### in the case of telephone selling , the prior information given to the customer shall be in accordance with union rules applicable to the distance marketing of consumer financial services . moreover , information shall be provided to the customer in accordance with paragraph 1 or 2 immediately after the conclusion of the insurance contract . ### in the case of telephone selling , the prior information given to the customer shall be in accordance with union rules applicable to the distance marketing of consumer financial services . moreover , information shall be provided to the customer in accordance with paragraph 1 or 2 immediately after the conclusion of the insurance contract . the customer shall be asked if he wants the information in the form of paper or in an electronic form .


### when an insurance service or product is offered together with another service or product as a package , the insurance undertaking or , where applicable , the insurance intermediary shall offer and inform the customer that it is possible to buy the components of the package separately and shall provide information of the costs and charges of each component of the package that may be bought through or from it separately . ### in case of bundling practices , the insurance undertaking or , where applicable , the insurance intermediary shall inform the consumer that it is possible to buy the main financial service or product of the package separately and shall provide information of the price of the main financial service or product of the package that may be bought through or from it separately .


### in respect of the consumer products subject to this regulation the scope of application of the different parts of it should be clearly delimited from sector - specific union harmonisation legislation . whilst the general product safety requirement and related provisions should be applicable to all consumer products , the obligations of economic operators should not apply where union harmonisation legislation includes equivalent obligations , such as union legislation on cosmetics , toys , electrical appliances or construction products . ### in respect of the consumer products subject to this regulation the scope of its application should be clearly delimited from sector - specific union harmonisation legislation . the regulation should therefore not apply to products subject to union harmonisation legislation such as union legislation on cosmetics , toys , electrical appliances or construction products .


### the safety of products should be assessed taking into account all the relevant aspects , in particular their characteristics and presentation as well as the categories of consumers who are likely to use the products taking into account their vulnerability , in particular children , the elderly and the disabled . ### the safety of products should be assessed taking into account all the relevant aspects , in particular their characteristics and presentation as well as the categories of consumers who are likely to use the products under reasonably foreseeable conditions , taking into account their vulnerability , in particular children , the elderly and the disabled . when assessing the risks for vulnerable consumers , due consideration should be given to the applications intended and described as such by the manufacturer in the product ' s safety instructions and the responsibilities and supervision or training obligations incumbent upon family members , service providers or employers .


### to avoid overlapping safety requirements and conflicts with other union legislation , a product which conforms to sector - specific union harmonisation legislation that aims at the protection of health and safety of persons should be presumed to be safe under this regulation . ### to avoid overlapping safety requirements and conflicts with other union legislation , a product which is subject to sector - specific union harmonisation legislation that aims at the protection of health and safety of persons should be excluded from the scope of this regulation .


### ensuring product identification and the traceability of products throughout the entire supply chain helps to identify economic operators and to take effective corrective measures against unsafe products , such as targeted recalls . product identification and traceability thus ensure that consumers and economic operators obtain accurate information regarding unsafe products which enhances confidence in the market and avoids unnecessary disruption of trade . products should therefore bear information allowing their identification and the identification of the manufacturer and , if applicable , of the importer . manufacturers should also establish technical documentations regarding their products for which they may choose the most appropriate and cost - efficient way such as by electronic means . moreover , economic operators should be required to identify the operators who supplied them and to whom they supplied a product . directive 95 / 46 / ec of the european parliament and of the council of 24 october 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data18 is applicable to the processing of personal data for the purposes of this regulation . ### ensuring product identification and the traceability of products throughout the entire supply chain helps to identify economic operators and to take effective corrective measures against unsafe products , such as targeted recalls . product identification and traceability thus ensure that consumers and economic operators obtain accurate information regarding unsafe products which enhances confidence in the market and avoids unnecessary disruption of trade . products should therefore bear information allowing their identification and the identification of the manufacturer or , if applicable , of the importer . manufacturers should also establish technical documentations regarding their products for which they may choose the most appropriate and cost - efficient way such as by electronic means . moreover , economic operators should be required to identify the operators who supplied them and to whom they supplied a product . directive 95 / 46 / ec of the european parliament and of the council of 24 october 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data18 is applicable to the processing of personal data for the purposes of this regulation .


### the procedures to request european standards in support of this regulation , and on formal objections against them , should be laid down in this regulation and be aligned with regulation no 1025 / 2012 . to ensure overall consistency in european standardisation issues , requests for european standards , or objections to a european standard , should therefore be brought before the committee set up by that regulation , after appropriate consultation of experts of the member states in the field of consumer product safety . ### the procedures to request european standards in support of this regulation , and on formal objections against them , should be laid down in this regulation and be aligned with regulation no 1025 / 2012 . to ensure overall consistency in european standardisation issues , requests for european standards , or objections to a european standard , should therefore be brought before the committee set up by that regulation , after appropriate consultation of experts of the member states in the field of consumer product safety and relevant stakeholders .


### in order to ensure uniform conditions for the implementation of this regulation , implementing powers should be conferred on the commission as regards the exemption to the obligation to inform market surveillance authorities about products presenting a risk , as regards the type of data carrier and its placement on the product for the purposes of the traceability system , as regards standardisation requests to european standardisation organisations and as regards decisions on formal objections to european standards . those powers should be exercised in accordance with regulation no 182 / 2011 of the european parliament and of the council of 16 february 2011 laying down the rules and general principles concerning mechanisms for control by the member states of the commission ' s exercise of implementing powers20 . ### in order to ensure uniform conditions for the implementation of this regulation , implementing powers should be conferred on the commission as regards the exemption to the obligation to inform market surveillance authorities about products presenting a risk , as regards the type of data carrier and its placement on the product for the purposes of the traceability system and as regards decisions on formal objections to european standards . those powers should be exercised in accordance with regulation no 182 / 2011 of the european parliament and of the council of 16 february 2011 laying down the rules and general principles concerning mechanisms for control by the member states of the commission ' s exercise of implementing powers20 .


### which are likely , under reasonably foreseeable conditions , to be used by consumers even if not intended for them ; ### which are likely , under reasonably foreseeable conditions , to be used by consumers even if , when placed on the market , they were not intended for consumers ;


### in the absence of requirements laid down in or pursuant to union harmonisation legislation referred to in point , as regards the risks covered by european standards , if it conforms to relevant european standards or parts thereof , the references of which have been published in the official journal of the european union in accordance with articles 16 and 17 ; ### as regards the risks covered by european standards , if it conforms to relevant european standards or parts thereof , the references of which have been published in the official journal of the european union in accordance with articles 16 and 17 ;


### in the absence of requirements laid down in or pursuant to union harmonisation legislation referred to in point and european standards referred to in point , as regards the risks covered by health and safety requirements laid down in the law of the member state where the product is made available on the market , if it conforms to such national requirements . ### in the absence of requirements laid down in or pursuant to european standards referred to in point , as regards the risks covered by health and safety requirements laid down in the law of the member state where the product is made available on the market , if it conforms to such national requirements .


### the categories of consumers at risk when using the product , in particular vulnerable consumers ; ### the categories of consumers at risk when using the product , in particular vulnerable consumers likely to use the product under reasonably foreseeable conditions ;


### manufacturers shall indicate their name , registered trade name or registered trade mark and the address at which they can be contacted on the product or , where that is not possible , on its packaging or in a document accompanying the product . the address must indicate a single point at which the manufacturer can be contacted . ### where manufacturers place a product on the market , they shall indicate their name , registered trade name or registered trade mark and the address at which they can be contacted on the product or , where that is not possible , on its packaging , in a document accompanying the product or on a website clearly indicated on the product or its packaging or accompanying documents . the address must indicate a single point at which the manufacturer can be contacted .


### manufacturers shall ensure that their product is accompanied by instructions and safety information in a language which can be easily understood by consumers , as determined by the member state in which the product is made available , except where the product can be used safely and as intended by the manufacturer without such instructions and safety information . ### manufacturers shall ensure that their product is accompanied by instructions and safety information in a language or visual format which can be easily understood by consumers , as determined by the member state in which the product is made available , except where the product can be used safely and as intended by the manufacturer without such instructions and safety information .


### importers shall ensure that the product is accompanied by instructions and safety information in a language which can be easily understood by consumers , as determined by the member state in which the product is made available , except where the product can be used safely and as intended by the manufacturer without such instructions and safety information . ### importers shall ensure that the product is accompanied by instructions and safety information in a language or visual format which can be easily understood by consumers , as determined by the member state in which the product is made available , except where the product can be used safely and as intended by the manufacturer without such instructions and safety information .


### manufacturers who consider or have reason to believe that a product which they have placed on the market is not safe or is otherwise not in conformity with this regulation shall immediately take the corrective action necessary to bring that product into conformity , to withdraw it or recall it , if appropriate . furthermore , where the product is not safe , manufacturers shall immediately inform the market surveillance authorities of the member states in which they made the product available to that effect , giving details , in particular , of the risk to health and safety and of any corrective action taken . ### manufacturers who consider or have reason to believe that a product which they have placed on the market is not safe or is otherwise not in conformity with this regulation shall immediately take the corrective action necessary to bring that product into conformity , to withdraw it or recall it , as appropriate . furthermore , where the product is not safe , manufacturers shall immediately inform the market surveillance authorities of the member states in which they made the product available to that effect , giving details , in particular , of the risk to health and safety and of any corrective action taken .


### importers who consider or have reason to believe that a product which they have placed on the market is not safe or is otherwise not in conformity with this regulation shall immediately take the corrective action necessary to bring that product into conformity , to withdraw it or recall it , if appropriate . furthermore , where the product is not safe , importers shall immediately inform the market surveillance authorities of the member states in which they made the product available to that effect , giving details , in particular , of the risk to health and safety and of any corrective action taken . ### importers who consider or have reason to believe that a product which they have placed on the market is not safe or is otherwise not in conformity with this regulation shall immediately take the corrective action necessary to bring that product into conformity , to withdraw it or recall it , as appropriate . furthermore , where the product is not safe , importers shall immediately inform the market surveillance authorities of the member states in which they made the product available to that effect , giving details , in particular , of the risk to health and safety and of any corrective action taken .


### importers shall indicate their name , registered trade name or registered trade mark and the address at which they can be contacted on the product or , where that is not possible , on its packaging or in a document accompanying the product . they shall ensure that any additional label does not obscure any information on the label provided by the manufacturer . ### importers shall indicate their name , registered trade name or registered trade mark and the address at which they can be contacted on the product or , where that is not possible , on its packaging or in a document accompanying the product or on a website clearly indicated on the product or its packaging or accompanying documents . they shall ensure that any additional label does not obscure any information on the label provided by the manufacturer .


### distributors who consider or have reason to believe that a product which they have made available on the market is not safe or is not in conformity with article 8 , and and article 10 and , as applicable , shall make sure that the corrective action necessary to bring that product into conformity is taken , to withdraw it or recall it , if appropriate . furthermore , where the product is not safe , distributors shall immediately inform the manufacturer or importer , as applicable as well as market surveillance authorities of the member states in which they made the product available to that effect , giving details , in particular , of the risk to health and safety and of any corrective action taken . ### distributors who consider or have reason to believe that a product which they have made available on the market is not safe or is not in conformity with article 8 , and and article 10 and , as applicable , shall make sure that the corrective action necessary to bring that product into conformity is taken , to withdraw it or recall it , as appropriate . furthermore , where the product is not safe , distributors shall immediately inform the manufacturer or importer , as applicable as well as market surveillance authorities of the member states in which they made the product available to that effect , giving details , in particular , of the risk to health and safety and of any corrective action taken .


### the manufacturer , importer or distributor can demonstrate that the risk has been fully controlled and cannot any more endanger the health and safety of persons ; ### the manufacturer , importer or distributor can demonstrate that the risk has been effectively controlled so as to prevent any dangers to the health and safety of persons ;


### for certain products , categories or groups of products which , due to their specific characteristics or specific conditions of distribution or usage , susceptible to bear a serious risk to health and safety of persons , the commission may require economic operators who place and make available those products on the market to establish or adhere to a system of traceability . ### for certain products , categories or groups of products which , due to their specific characteristics or specific conditions of distribution or usage , susceptible to bear a serious risk to health and safety of persons , and after consulting relevant stakeholders , as appropriate , the commission may require economic operators who place and make available those products on the market to establish or adhere to a system of traceability .


### the commission may request one or several european standardisation organisations to draft or identify a european standard , which aims at ensuring that products that conform to such standard or parts thereof comply with the general safety requirement laid down in article 4 . the commission shall determine the requirements as to the content to be met by the requested european standard and a deadline for its adoption . ### the commission may request one or several european standardisation organisations to draft or identify a european standard , which aims at ensuring that products that conform to such standard or parts thereof comply with the general safety requirement laid down in article 4 . taking into account the views of relevant stakeholders , as appropriate , the commission shall determine the requirements as to the content to be met by the requested european standard and a deadline for its adoption .


### the commission shall adopt the request referred to in the first subparagraph by an implementing decision . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 19 . ### the commission shall adopt the request referred to in the first subparagraph by a delegated act in accordance with article 20 .


### roadworthiness testing is a part of a wider regime ensuring that vehicles are kept in a safe and environmentally acceptable condition during their use . this regime should cover periodic roadworthiness tests for all vehicles and roadside technical inspection for vehicles used for commercial road transport activities as well as provisions on a vehicle registration procedure to ensure that vehicles which constitute an immediate risk to road safety are not used on roads . ### roadworthiness testing is a part of a wider regime ensuring that vehicles are kept in a safe and environmentally acceptable condition during their use . this regime should cover periodic roadworthiness tests for all vehicles and roadside technical inspection for vehicles used for commercial road transport activities as well as provisions on a vehicle registration procedure . periodic testing should be the main tool to ensure roadworthiness . roadside inspections of commercial vehicles should only be complementary to periodic tests and target vehicles on the road which constitute an immediate risk to road safety .


### reports of technical roadside inspections are in several member states elaborated by electronic means . in such cases a print out of the inspection report should be handed over to the driver . all the data and information gathered during roadside inspections should be transferred to a common repository of the member state in order that the data can be easier processed and information transfer can be performed without additional administrative burden . ### reports of technical roadside inspections are in several member states elaborated by electronic means . in such cases the full benefits of electronic communication must be used and print - outs of the inspection report should be minimised . all the data and information gathered during roadside inspections should be transferred to a common repository of the member state in order that the data can be easier processed and information transfer can be performed without additional administrative burden .


### ' roadworthiness test’ means a verification that the parts and components of a vehicle comply with its safety and environmental characteristics at the time of approval , first registration or entry into service , or at the time of retrofitting ; ### ‘ roadworthiness test’ means an inspection to ensure that a vehicle is safe to be used on public roads and complies with environmental protection requirements ;


### – dangerous deficiencies that constitute a direct and immediate risk to road safety such that the vehicle may not be used on the road under any circumstances . ### – dangerous deficiencies that constitute a direct and immediate risk to road safety justifying the member state or its competent authorities banning the vehicle from the road .


### the inspector shall not authorise a vehicle classified with dangerous deficiencies , to be used until such deficiencies have been rectified on the spot of the inspection . the inspector may authorise such a vehicle to be used in order to reach the closest workshop where those deficiencies can be rectified , on the condition that the dangerous deficiencies have been fixed in such a way as to allow it to reach this workshop and that there is no immediate risk to the safety of its occupants or other road users . ### the inspector shall not authorise a vehicle classified with dangerous deficiencies , to be used until such deficiencies have been rectified on the spot of the inspection . the inspector may authorise such a vehicle to be used in order to reach the closest available workshop where those deficiencies can be rectified , on the condition that the dangerous deficiencies have been fixed in such a way as to allow it to reach this workshop and that there is no immediate risk to the safety of its occupants or other road users .


### the results of the roadside inspection shall be communicated to the registration authority of the vehicle . ### the results of the roadside inspection shall be communicated electronically to the registration authority of the vehicle and to the owner of the vehicle .


### deficiencies that constitute a direct and immediate risk to road safety . further use of the vehicle on the road is not permitted , although in some instances it may be permitted to be driven under specified conditions directly to a specified location , for example for immediate repair or impounding of the vehicle . ### deficiencies that constitute a direct and immediate risk to road safety justifying the member state or its competent authorities banning the vehicle from the road ; although in some instances it may be permitted to be driven under specified conditions directly to a specified location , for example for immediate repair or impounding of the vehicle .


### recent events highlighted the risks of offshore oil and gas exploration and production activities to maritime transport and the marine environment . the use of the agency ' s response capabilities should be explicitly extended to cover response to pollution originating from such activities . in addition , the agency should assist the commission in analysing the safety of mobile offshore gas and oil installations , in order to identify possible weaknesses , basing its contribution on the expertise it has developed with regard to maritime safety , maritime security , the prevention of pollution caused by ships and response to marine pollution . ### oil disasters at sea are a consequence of uncontrolled risks arising from offshore activities associated with oil and gas exploration and production , whose impact affects large areas of the sea and coast and thus also maritime transport . the use of the agency ' s response capabilities should be explicitly extended to cover response to pollution originating from such activities . in addition , the agency should assist the commission in analysing the safety of mobile offshore gas and oil installations , in order to identify possible weaknesses , basing its contribution on the expertise it has developed with regard to maritime safety , maritime security , the prevention of pollution caused by ships and response to marine pollution .


### the statutory audit results in an opinion on the truth and fairness of the financial statements of the audited entities . stakeholders , however , might to be unaware of the limitations of an audit , which can lead to an expectation gap . in order to reduce such gap , it is important to provide more clarity on what the scope of the statutory audit is . ### the statutory audit results in an opinion on the truth and fairness of the financial statements of the audited entities . stakeholders , however , might be unaware of the limitations of an audit , which can lead to an expectation gap . in order to reduce such gap , it is important to provide more clarity on what the scope of the statutory audit is , without drawing the attention of stakeholders away from the actual content of the audit opinion .


### the statutory audit results in an opinion on the truth and fairness of the financial statements of the audited entities . stakeholders , however , might to be unaware of the limitations of an audit , which can lead to an expectation gap . in order to reduce such gap , it is important to provide more clarity on what the scope of the statutory audit is . ### the statutory audit results in an opinion on the truth and fairness of the financial statements of the audited entities . stakeholders , however , might to be unaware of the limitations of an audit , which can lead to an expectation gap . in order to reduce such gap , it is important to provide more clarity on what the scope of the statutory audit is . therefore , more guidance is needed on a european level for statutory auditors as well as the preparers of accounts in this area , and in particular , to work towards a standardised definition , and usage , of the ' going concern ' of a company .


### whilst the primary responsibility for delivering financial information should rest with the management of the audited entities , auditors play a role by actively challenging management from a user ' s perspective . in order to improve audit quality , it is therefore important that the professional scepticism exercised by auditors vis - à - vis the audited entity is reinforced . auditors should recognise the possibility that a material misstatment due to fraud or error could exist , notwithstanding the auditor ' s past experience of the honesty and integrity of the audited entity ' s management . securing audit quality should be the main criterion to organise the audit work and to allocate the necessary resources to the tasks . the integrity of the statutory auditor , audit firm and their staff is essential to ensure the public confidence in statutory audits and financial markets . therefore , any incident that may have serious consequences for the integrity of the statutory audit activities should be appropriately managed . the statutory auditor or the audit firm should appropriately document the audit work . ### whilst the primary responsibility for delivering financial information rests with the management of the audited entities , auditors play a role by actively challenging management from a user ' s perspective . in order to improve audit quality , it is therefore important that the professional scepticism exercised by auditors vis - à - vis the audited entity is reinforced . auditors should recognise the possibility that a material misstatement due to fraud or error could exist , notwithstanding the auditor ' s past experience of the honesty and integrity of the audited entity ' s management . securing audit quality should be the main criterion to organise the audit work and to allocate the necessary resources to the tasks . the integrity of the statutory auditor , audit firm and their staff is essential to ensure the public confidence in statutory audits and financial markets . therefore , any incident that may have serious consequences for the integrity of the statutory audit activities should be appropriately managed . the statutory auditor or the audit firm should appropriately document the audit work .


### the results of the statutory audit should be presented to the stakeholders in the audit report . in order to increase the confidence of stakeholders in the financial statements of the audited entity , it is particularly important that the audit report is well - founded and solidly substantiated and its content expanded to include additional information specific to the audit carried out . the audit report should in particular include sufficient information on the methodology used in the audit , especially how much of the balance sheet has been directly verified and how much has been based on system and compliance testing , on the levels of materiality applied to perform the audit , on the key areas of risk of material misstatements of the annual and consolidated financial statements , on whether the statutory audit was designed to detect fraud and , in the event of a qualified or adverse opinion or a disclaimer of opinion , on the reasons for such decision . ### the results of the statutory audit should be presented to the stakeholders in the audit report . in order to increase the confidence of stakeholders in the financial statements of the audited entity , it is particularly important that the audit report is well - founded and solidly substantiated and its content expanded to include additional information about the auditee specific to the audit carried out . the audit report should in particular include information on the methodology used in the audit , on matters in the financial statements that are fundamental to the users ' understanding , on whether the statutory audit was designed to detect fraud and , in the event of a qualified or adverse opinion or a disclaimer of opinion , on the reasons for such decision .