### a cost - benefit analysis shows that the costs outweigh the benefits in comparison with the full life - cycle costs , including infrastructure investment , of providing the same amount of electricity and heat with separate heating or cooling . ### a cost - benefit analysis shows that the costs outweigh the benefits in comparison with the full life - cycle costs , including infrastructure investment , of providing the same amount of electricity and heat with separate heating or cooling . this cost - benefit analysis should be determined by the member state .


### member states may particularly facilitate the connection to the grid system of electricity produced from high - efficiency cogeneration from small scale and micro cogeneration units . ### member states shall particularly facilitate the connection to the grid system of electricity produced from high - efficiency cogeneration from small scale and micro cogeneration units . member states shall in particular encourage network operators to adopt an ' install and inform ' process for the installation of micro cogeneration units to simplify and shorten authorisation procedure for individual citizens and installers .


### new residential zones or new industrial plants which consume heat in their production processes are located in sites where a maximum amount of their heat demand will be met by the available waste heat , as identified in national heating and cooling plans . to ensure an optimal matching between demand and supply for heat and cooling , spatial plans shall favour the clustering of a number of industrial plants in the same location ; ### new residential zones or new industrial plants which consume heat in their production processes are – insofar as possible – located in sites where a maximum amount of their heat demand will be met by the available waste heat , as identified in national heating and cooling maps . to ensure an optimal matching between demand and supply for heat and cooling , spatial plans shall favour the clustering of a number of industrial plants in the same location ;


### the experience acquired since the establishment of the community trade mark system has shown that undertakings from within the union and from third countries have accepted the system , which has become a successful and viable alternative to the protection of trade marks at the level of the member states . ### the experience acquired since the establishment of the community trade mark system has shown that undertakings from within the union and from third countries have accepted the system , which has become a successful and viable complement and alternative to the protection of trade marks at the level of the member states .


### in order to allow for more flexibility while ensuring greater legal certainty with regard to the means of representation of trade marks , the requirement of graphic representability should be deleted from the definition of a european trade mark . a sign should be permitted to be represented in any appropriate form , and thus not necessarily by graphic means , as long as the representation enables the competent authorities and the public to determine with precision and clarity the precise subject matter of protection . ### in order to allow for more flexibility while ensuring greater legal certainty with regard to the means of representation of trade marks , the requirement of graphic representability should be deleted from the definition of a european union trade mark . a sign should be permitted to be represented in the register of european union trade marks in any appropriate form , and thus not necessarily by graphic means , as long as the representation uses generally available technology and enables the competent authorities and the public to determine with precision and clarity the precise subject matter of protection .


### with the aim of strengthening trade mark protection and combatting counterfeiting more effectively , the proprietor of a european trade mark should be entitled to prevent third parties from bringing goods into the customs territory of the union without being released for free circulation there , where such goods come from third countries and bear without authorization a trade mark which is essentially identical to the european trade mark registered in respect of such goods . ### with the aim of strengthening trade mark protection and combatting counterfeiting more effectively , the proprietor of a european union trade mark should be entitled to prevent third parties from bringing goods into the customs territory of the union without being released for free circulation there , where such goods come from third countries and bear without authorisation a trade mark which is essentially identical to the european union trade mark registered in respect of such goods . in order not to hamper legitimate flows of goods , this rule should only apply if the proprietor of a european union trade mark is able to show that the trade mark is validly registered also in the country of destination . this rule should be without prejudice to the union ' s right to promote access to medicines for third countries .


### in order to provide for an effective and efficient regime for the filing of european trade mark applications including priority and seniority claims , the power to adopt delegated acts in accordance with article 290 of the treaty should be delegated to the commission in respect of specifying the means and modalities of filing a european trade mark application , the details regarding the formal conditions of a european trade mark application , the content of that application , the type of application fee , as well as the details on the procedures for ascertaining reciprocity , claiming the priority of a previous application , an exhibition priority and the seniority of a national trade mark . ### in order to provide for an effective and efficient regime for the filing of european trade mark applications including priority and seniority claims , the power to adopt delegated acts in accordance with article 290 of the treaty should be delegated to the commission in respect of specifying the means and modalities of filing a european trade mark application , the details regarding the formal conditions of a european trade mark application , the content of that application , as well as the details on the procedures for ascertaining reciprocity , claiming the priority of a previous application , an exhibition priority and the seniority of a national trade mark .


### in order to allow european trade marks to be renewed in an effective and efficient manner and to safely apply the provisions on the alteration and the division of a european trade mark in practice without compromising legal certainty , the power to adopt delegated acts in accordance with article 290 of the treaty should be delegated to the commission in respect of specifying the modalities for the renewal of a european trade mark and procedures governing the alteration and division of a european trade mark . ### in order to allow european trade marks to be renewed in an effective and efficient manner and to safely apply the provisions on the alteration and the division of a european trade mark in practice without compromising legal certainty , the power to adopt delegated acts in accordance with article 290 of the treaty should be delegated to the commission in respect of specifying the procedure for the renewal of a european trade mark and procedures governing the alteration and division of a european trade mark .


### in order to allow for an effective and efficient use of european collective and certification marks , the power to adopt delegated acts in accordance with article 290 of the treaty should be delegated to the commission in respect of specifying the periods for submitting the regulations governing the use of those marks and the content thereof . ### in order to allow for an effective and efficient use of european collective and certification marks , the power to adopt delegated acts in accordance with article 290 of the treaty should be delegated to the commission in respect of specifying the formal content of the regulations governing the use of those marks .


### in order to ensure a smooth , effective and efficient operation of the european trade mark system , the power to adopt delegated acts in accordance with article 290 of the treaty should be delegated to the commission in respect of specifying the requirements as to the form of decisions , the details on oral proceedings and the modalities of taking of evidence , the modalities of notification , the procedure for the noting of loss of rights , the means of communication and the forms to be used by the parties to proceedings , the rules governing the calculation and duration of time limits , the procedures for the revocation of a decision or for cancellation of an entry in the register and for the correction of obvious errors in decisions and errors attributable to the agency , the modalities of the interruption of proceedings and the procedures concerning the apportionment and fixing of costs , the particulars to be entered in the register , the details concerning the inspection and keeping of files , the modalities of publications in the european trade marks bulletin and in the official journal of the agency , the modalities of administrative cooperation between the agency and the authorities of member states , and the details on representation before the agency . ### in order to ensure a smooth , effective and efficient operation of the european trade mark system , the power to adopt delegated acts in accordance with article 290 of the treaty should be delegated to the commission in respect of specifying the requirements as to the form of decisions , the details on oral proceedings and the modalities of taking of evidence , the modalities of notification , the procedure for the noting of loss of rights , the means of communication and the forms to be used by the parties to proceedings , the rules governing the calculation and duration of time limits , the procedures for the revocation of a decision or for cancellation of an entry in the register and for the correction of obvious errors in decisions and errors attributable to the agency , the modalities of the interruption of proceedings and the procedures concerning the apportionment and fixing of costs , the particulars to be entered in the register , the modalities of publications in the european trade marks bulletin and in the official journal of the agency , the modalities of administrative cooperation between the agency and the authorities of member states , and the details on representation before the agency .


### with the aim of promoting convergence of practices and of developing common tools , it is necessary to establish an appropriate framework for cooperation between the agency and the offices of the member states , clearly defining the areas of cooperation and enabling the agency to coordinate relevant common projects of union interest and to finance , up to a maximum amount , those common projects by means of grants . those cooperation activities should be beneficial for undertakings using trade mark systems in europe . for users of the union regime laid down in this regulation , the common projects , particularly the databases for search and consultation purposes , should provide additional , inclusive , efficient and free of charge tools to comply with the specific requirements flowing from the unitary character of the european trade mark . ### with the aim of promoting convergence of practices and of developing common tools , it is necessary to establish an appropriate framework for cooperation between the agency and the offices of the member states , defining key areas of cooperation and enabling the agency to coordinate relevant common projects of union interest and to finance , up to a maximum amount , those common projects by means of grants . those cooperation activities should be beneficial for undertakings using trade mark systems in the union . for users of the union regime laid down in regulation no 207 / 2009 , the common projects , particularly the databases used for search and consultation purposes , should provide , free of charge , additional , inclusive and efficient tools to comply with the specific requirements flowing from the unitary character of the european union trade mark . it should , however , not be mandatory for member states to implement the results of such common projects . while it is important that all parties contribute to the success of common projects , not least by sharing best practices and experiences , a strict obligation requiring all member states to implement the results of common projects , even where , for example , a member state believes that it already has a better it or similar tool in place , would be neither proportional nor in the best interests of users .


### in order to ensure an effective and efficient method to resolve disputes , to ensure consistency with the language regime laid down in regulation no 207 / 2009 , the expeditious delivery of decisions on a simple subject matter , and the effective and efficient organisation of the boards of appeal , and to guarantee an appropriate and realistic level of fees to be charged by the agency , while complying with the budgetary principles set out in regulation no 207 / 2009 , the power to adopt delegated acts in accordance with article 290 of the treaty should be delegated to the commission in respect of specifying the details on the languages to be used before the agency , the cases where opposition and cancellation decisions should be taken by a single member , the details on the organisation of the boards of appeal , the amounts of the fees to be paid to the agency and details related to their payment . ### in order to ensure an effective and efficient method of resolving disputes , consistency with the language regime laid down in regulation no 207 / 2009 , the expeditious delivery of decisions in cases having a simple subject matter , and the effective and efficient organisation of the boards of appeal , while complying with the budgetary principles set out in regulation no 207 / 2009 , the power to adopt delegated acts in accordance with article 290 of the treaty should be delegated to the commission in respect of specifying the details concerning the languages to be used before the agency , the cases in which opposition and cancellation decisions should be taken by a single member , the details concerning the organisation of the boards of appeal and details relating to the payment of fees .


### throughout the regulation , the words ‘ community trade mark’ are replaced by ‘ european trade mark’ and any necessary grammatical changes are made ; ### throughout the regulation , the words ‘ community trade mark’ are replaced by ‘ european union trade mark’ and any necessary grammatical changes are made ;


### throughout the regulation , the words ‘ community trade mark court’ are replaced by ‘ european trade mark court’ and any necessary grammatical changes are made ; ### throughout the regulation , the words ‘ community trade mark court’ are replaced by ‘ european union trade mark court’ and any necessary grammatical changes are made ;


### throughout the regulation , the words ‘ community collective mark’ are replaced by ‘ european collective mark’ and any necessary grammatical changes are made ; ### throughout the regulation , the words ‘ community collective mark’ are replaced by ‘ european union collective mark’ and any necessary grammatical changes are made ;


### distinguishing the goods or services of one undertaking from those of other undertakings ; ### distinguishing the goods or services of one undertaking from those of other undertakings ; and


### being represented in a manner which enables the competent authorities and the public to determine the precise subject of the protection afforded to its proprietor . ### being represented in the register of european union trade marks in a manner which enables the competent authorities and the public to determine the precise subject of the protection afforded to its proprietor .


### where an agent or representative of the proprietor of the trade mark applies for registration thereof in his own name without the proprietor ' s authorisation , unless the agent or representative justifies his action ; ### where an agent or representative of the proprietor of the trade mark applies for registration thereof in his own name without the proprietor ' s authorisation , unless the agent or representative justifies his action ; or


### the sign is identical with the european trade mark and is used in relation to goods or services which are identical with those for which the european trade mark is registered , and where such use affects or is liable to affect the function of the european trade mark to guarantee to consumers the origin of the goods or services ; ### the sign is identical with the european union trade mark and is used in relation to goods or services which are identical with those for which the european union trade mark is registered ;


### the proprietor of a european trade mark shall also be entitled to prevent all third parties from bringing goods , in the context of commercial activity , into the customs territory of the union without being released for free circulation there , where such goods , including packaging , come from third countries and bear without authorization a trade mark which is identical to the european trade mark registered in respect of such goods , or which cannot be distinguished in its essential aspects from that trade mark . ### the proprietor of a european union trade mark shall also be entitled to prevent all third parties from bringing goods , in the context of commercial activity , into the customs territory of the union without being released for free circulation there , where such goods , including packaging , come from a third country and bear without authorisation a trade mark which is identical to the european union trade mark validly registered in respect of such goods , or which cannot be distinguished in its essential aspects from that trade mark , on condition that the proprietor proves that the trade mark is also validly registered in the country of destination .


### the date of filing of a european trade mark application shall be the date on which documents containing the information specified in article 26 are filed with the agency by the applicant , subject to payment of the application fee for which the order for payment shall have been given at the latest on that date . ' ; ### the date of filing of a european union trade mark application shall be the date on which documents containing the information specified in article 26 are filed with the agency by the applicant , subject to the order for payment of the application fee . in the case of a belated order for payment , the date of filing shall be deemed to be the date on which the order for payment is given ' ;


### where the applicant requests registration for more than one class , the goods and services shall be grouped according to the classes of the nice classification , each group being preceded by the number of the class to which that group of goods or services belongs and presented in the order of the classes . ### where the applicant requests registration for more than one class , the applicant shall group the goods and services according to the classes of the nice classification , each group being preceded by the number of the class to which that group of goods or services belongs , and shall present them in the order of the classes .


### the declaration shall be filed at the agency within 4 months from the entry into force of this regulation , and shall indicate , in a clear , precise and specific manner , the goods and services , other than those clearly covered by the literal meaning of the indications of the class heading , originally covered by the proprietor ' s intention . the agency shall take appropriate measures to amend the register accordingly . this possibility is without prejudice to the application of articles 15 , 42 , 51 and 57 . ### the declaration shall be filed at the agency within six months from the entry into force of this regulation , and shall indicate , in a clear , precise and specific manner , the goods and services , other than those clearly covered by the literal meaning of the indications of the class heading , originally covered by the proprietor ' s intention . the agency shall take appropriate measures to amend the register accordingly . this possibility is without prejudice to the application of article 15 , article 42 , point of article 51 and article 57 .


### if necessary , the executive director of the agency shall request the commission to consider enquiring whether a state within the meaning of the first sentence accords that reciprocal treatment . ### if necessary , the executive director of the agency shall request the commission to enquire whether a state within the meaning of the first sentence accords that reciprocal treatment .


### the details regarding the content of the application for a european trade mark referred to in article 26 , the type of fees payable for the application referred to in article 26 , including the number of classes of goods and services covered by those fees , and the formal conditions of the application referred to in article 26 ; ### the details regarding the formal content of the application for a european trade mark referred to in article 26 and the formal conditions of the application referred to in article 26 ;


### in article 42 , first sentence , the phrase ' during the period of five years preceding the date of publication ' is replaced by ' during the period of five years preceding the date of filing or the date of priority ' ; ### article 42 is replaced by the following : ' 2 . if the applicant so requests , the proprietor of an earlier european union trade mark who has given notice of opposition shall furnish proof that , during the period of five years preceding the date of filing or the date of priority of the european union trade mark application , the earlier european union trade mark has been put to genuine use in the union in connection with the goods or services in respect of which it is registered and which he cites as justification for his opposition , or that there are proper reasons for non - use , provided the earlier european union trade mark has at that date been registered for not less than five years . in the absence of proof to this effect , the opposition shall be rejected . if the earlier european union trade mark has been used in relation to part only of the goods or services for which it is registered it shall , for the purposes of the examination of the opposition , be deemed to be registered in respect only of that part of the goods or services ' ;


### the procedural modalities for the renewal of the european trade mark pursuant to article 47 , including the type of fees to be paid ; ### the procedure for the renewal of the european trade mark pursuant to article 47 , including the type of fees to be paid ;


### the surrender shall be declared to the agency in writing by the proprietor of the trade mark . it shall not have effect until it has been entered in the register . the validity of the surrender of a european trade mark which is declared to the agency subsequent to the submission of an application for revocation of that trade mark pursuant to article 56 shall be conditional upon the final rejection or withdrawal of the application for revocation . ### the surrender shall be declared to the agency in writing by the proprietor of the trade mark . it shall not have effect until it has been entered in the register . the validity of the surrender of a european union trade mark which is declared to the agency subsequent to the submission of an application for revocation or for a declaration of invalidity of that trade mark pursuant to article 56 shall be conditional upon the final rejection or withdrawal of the application for revocation or for a declaration of invalidity .


### surrender shall be entered only with the agreement of the proprietor of a right entered in the register . if a licence has been registered , surrender shall be entered in the register only if the proprietor of the trade mark proves that he has informed the licensee of his intention to surrender ; this entry shall be made on expiry of a period established in accordance with article 57a . ### surrender shall be entered only with the agreement of the proprietor of a right entered in the register . if a licence has been registered , surrender shall be entered in the register only if the proprietor of the trade mark proves that he has informed the licensee of his intention to surrender ; this entry shall be made on expiry of a period of three months after the date on which the proprietor of the trade mark satisfies the agency that he has informed the licensee of his intention to surrender it .


### in article 54 and , the words ' either ' and ' or to oppose the use of the later trade mark ' are deleted ; ### paragraphs 1 and 2 of article 54 are replaced by the following : ' 1 . where the proprietor of a european union trade mark has acquiesced , for a period of five successive years , in the use of a later european union trade mark in the union while being aware of such use , he shall no longer be entitled on the basis of the earlier trade mark [ . . . ] to apply for a declaration that the later trade mark is invalid [ . . . ] in respect of the goods or services for which the later trade mark has been used , unless registration of the later european union trade mark was applied for in bad faith . 2 . where the proprietor of an earlier national trade mark as referred to in article 8 or of another earlier sign referred to in article 8 has acquiesced , for a period of five successive years , in the use of a later european union trade mark in the member state in which the earlier trade mark or the other earlier sign is protected while being aware of such use , he shall no longer be entitled on the basis of the earlier trade mark or of the other earlier sign [ . . . ] to apply for a declaration that the later trade mark is invalid [ . . . ] in respect of the goods or services for which the later trade mark has been used , unless registration of the later european union trade mark was applied for in bad faith . ' ;


### in article 57 , second sentence , ' was published ' is replaced by ' was filed or at the priority date of the european trade mark application ' ; ### article 57 is replaced by the following : ' 2 . if the proprietor of the european union trade mark so requests , the proprietor of an earlier european union trade mark , being a party to the invalidity proceedings , shall furnish proof that , during the period of five years preceding the date of the application for a declaration of invalidity , the earlier european union trade mark has been put to genuine use in the union in connection with the goods or services in respect of which it is registered and which he cites as justification for his application , or that there are proper reasons for non - use , provided the earlier european union trade mark has at that date been registered for not less than five years . if , at the date on which the european union trade mark application was filed or at the priority date of the european union trade mark application , the earlier european union trade mark had been registered for not less than five years , the proprietor of the earlier european union trade mark shall furnish proof that , in addition , the conditions contained in article 42 were satisfied at that date . in the absence of proof to this effect the application for a declaration of invalidity shall be rejected . if the earlier european union trade mark has been used in relation to part only of the goods or services for which it is registered , it shall , for the purpose of the examination of the application for a declaration of invalidity , be deemed to be registered in respect only of that part of the goods or services . ' ;


### the procedure governing the surrender of a european trade mark set out in article 50 , including the period referred to in paragraph 3 of that article ; ### the procedure governing the surrender of a european trade mark set out in article 50 ;


### the content of the notice of appeal referred to in article 60 and the procedure for the filing and the examination of an appeal ; ### the formal content of the notice of appeal referred to in article 60 and the procedure for the filing and the examination of an appeal ;


### the content and form of the board of appeal ' s decisions referred to in article 64 ; ### the formal content and form of the board of appeal ' s decisions referred to in article 64 ;


### the commission shall be empowered to adopt delegated acts in accordance with article 163 specifying the period referred to in article 67 for submitting the regulations governing use of the european collective mark to the agency and the content of those regulations as set out in article 67 . ### the commission shall be empowered to adopt delegated acts in accordance with article 163 specifying the formal content of the regulations governing use of the european collective mark as set out in article 67 .


### the commission shall be empowered to adopt delegated acts in accordance with article 163 specifying the period referred to in article 74c for submitting the regulations governing use of the european certification mark to the agency and the content of those regulations as set out in article 74c . ' ; ### the commission shall be empowered to adopt delegated acts in accordance with article 163 specifying the formal content of the regulations governing use of the european certification mark as set out in article 74c . ' ;


### an applicant for a european certification mark shall submit regulations governing the use of the certification mark within the period prescribed in accordance with article 74k . ### an applicant for a european certification mark shall submit regulations governing the use of the certification mark within a period of two months after the date of filing .


### article 74e shall apply to amended regulations governing use . ### written observations in accordance with article 74e may also be submitted with regard to amended regulations governing use .


### the calculation and duration of time limits shall be subject to the rules adopted in accordance with article 93a . ### time limits shall be laid down in periods of full years , months , weeks or days . calculation shall start on the day following the day on which the relevant event occurred .


### the agency shall correct any linguistic errors or errors of transcription and manifest oversights in the agency ' s decisions or technical errors attributable to the agency in registering the trade mark or in publishing its registration . ### the agency shall correct any linguistic errors or errors of transcription and manifest oversights in the agency ' s decisions or technical errors attributable to the agency in registering the trade mark or in publishing its registration . the agency shall keep records of any such corrections .


### in paragraph 1 , first sentence , the phrase ' decision which contains an obvious procedural error ' is replaced by ' decision which contains an obvious error ' ; ### paragraph 1 is replaced by the following : ' 1 . where the agency has made an entry in the register or taken a decision which contains an obvious [ . . . ] error attributable to the agency , it shall ensure that the entry is cancelled or the decision is revoked . where there is only one party to the proceedings and the entry or the act affects its rights , cancellation or revocation shall be determined even if the error was not evident to the party . ' ;


### in paragraph 2 , the second sentence is replaced by the following : ' the cancellation of the entry in the register or the revocation of the decision shall be effected within one year from the date on which the entry was made in the register or that decision was taken , after consultation with the parties to the proceedings and any proprietor of rights to the european trade mark in question that are entered in the register . ' ; ### paragraph 2 is replaced by the following : ' 2 . cancellation or revocation as referred to in paragraph 1 shall be determined , ex officio or at the request of one of the parties to the proceedings , by the department which made the entry or took the decision . the cancellation of the entry in the register or the revocation of the decision shall be effected within one year from the date on which the entry was made in the register or that decision was taken , after consultation with the parties to the proceedings and any proprietor of rights to the european union trade mark in question that are entered in the register . the agency shall keep records of any such cancellation or revocation . ' ;


### when interrupting or resuming proceedings , the agency shall comply with the modalities set out in accordance with article 93a . ' ; ### proceedings before the agency shall be interrupted : in the event of the death or legal incapacity of the applicant for or proprietor of a european union trade mark or of the person authorized by national law to act on his behalf . to the extent that the above events do not affect the authorization of a representative appointed under article 89 of the regulation , proceedings shall be interrupted only on application by such representative ; in the event of the applicant for or proprietor of a european union trade mark , as a result of some action taken against his property , being prevented for legal reasons from continuing the proceedings before the agency ; in the event of the death or legal incapacity of the representative of an applicant for or proprietor of a european union trade mark or of his being prevented for legal reasons resulting from action taken against his property from continuing the proceedings before the agency . when , in the cases referred to in paragraph 1 and , the agency has been informed of the identity of the person authorized to continue the proceedings before the agency , the agency shall communicate to such person and to any interested third parties that the proceedings shall be resumed as from a date to be fixed by the agency . in the case referred to in paragraph 1 , the proceedings shall be resumed when the agency has been informed of the appointment of a new representative of the applicant or when the agency has notified to the other parties the communication of the appointment of a new representative of the proprietor of the european union trade mark . if , three months after the beginning of the interruption of the proceedings , the agency has not been informed of the appointment of a new representative , it shall inform the applicant for or proprietor of the european union trade mark : where article 92 of the regulation is applicable , that the european union trade mark application will be deemed to be withdrawn if the information is not submitted within two months after this communication is notified ; or where article 92 of the regulation is not applicable , that the proceedings will be resumed with the applicant for or proprietor of the european union trade mark as from the date on which this communication is notified . the time limits , other than the time limit for paying the renewal fees , in force as regards the applicant for or proprietor of the european union trade mark at the date of interruption of the proceedings , shall begin again as from the day on which the proceedings are resumed .


### the agency shall keep a register , which shall contain those particulars the registration or inclusion of which is provided for by this regulation or by a delegated act adopted pursuant to this regulation . the agency shall keep the register up to date . ### the agency shall keep a register of european trade marks and keep this register up to date .


### a european trade marks bulletin containing entries made in the register as well as other particulars the publication of which is prescribed by this regulation or by delegated acts adopted in accordance with this regulation ; ### a european trade marks bulletin containing entries made in the register as well as other particulars ;


### the procedures concerning the apportionment and fixing of costs , as referred to in article 85 ; ### the procedures concerning the apportionment and fixing of costs as referred to in article 85 ;


### the particulars referred to in article 87 ; ### the particulars to be entered in the register referred to in article 87 ;


### derogations from the obligation to be represented before the agency pursuant to article 92 , the conditions under which a common representative shall be appointed pursuant to article 92 , the conditions under which employees referred to in article 92 and professional representatives referred to in article 93 must file with the agency a signed authorisation in order to be able to undertake representation , the content of that authorisation , and the conditions under which a person may be removed from the list of professional representatives referred to in article 93 . ' ; ### derogations from the obligation to be represented before the agency pursuant to article 92 , the conditions under which a common representative shall be appointed , the conditions under which employees referred to in article 92 and professional representatives referred to in article 93 must file with the agency a signed authorisation in order to be able to undertake representation , the content of that authorisation , and the conditions under which a person may be removed from the list of professional representatives . ' ;


### in paragraph 1 , ' regulation no 44 / 2001 ' is replaced by ' the union rules on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters ' ; ### paragraph 1 is replaced by the following : ' 1 . unless otherwise specified in this regulation , the union rules on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters shall apply to proceedings relating to european union trade marks and applications for european union trade marks , as well as to proceedings relating to simultaneous and successive actions on the basis of european union trade marks and national trade marks . ' ;


### in article 113 , the phrase ' together with the formal conditions laid down in the implementing regulation ' is replaced by ' together with the formal conditions laid down in accordance with article 114a ' ; ### article 113 is replaced by the following : ' 3 . the agency shall check whether the conversion requested fulfils the conditions set out in this regulation , in particular article 112 , , , and , and paragraph 1 of this article , together with the formal conditions laid down in accordance with article 114a . if these conditions are fulfilled , the agency shall transmit the request for conversion to the industrial property offices of the member states specified therein . ' ;


### in article 114 , the words ' the implementing regulation ' are replaced by ' delegated acts adopted in accordance with this regulation ' ; ### article 114 is replaced by the following : ' 2 . a european union trade mark application or a european union trade mark transmitted in accordance with article 113 shall not be subjected to formal requirements of national law which are different from or additional to those provided for in this regulation or in delegated acts adopted pursuant to this regulation . ' ;


### in article 120 , the words ' the implementing regulation ' are replaced by ' a delegated act adopted pursuant to this regulation ' ; ### article 120 is replaced by the following : ' 1 . an application for a european union trade mark , as described in article 26 , and all other information the publication of which is prescribed by this regulation or by a delegated act adopted pursuant to this regulation , shall be published in all the official languages of the european union . ' ;


### in article 117 , the words ' to the office ' are replaced by ' to the agency and its staff ' ; ### article 117 is replaced by the following : ' the protocol on the privileges and immunities of the european union shall apply to the agency and its staff . ' ;


### in article 145 , the words ' its implementing regulations ' are replaced by ' the delegated acts adopted pursuant to this regulation ' ; ### article 145 is replaced by the following : ' unless otherwise specified in this title , this regulation and the delegated acts adopted pursuant to this regulation shall apply to applications for international registrations under the protocol relating to the madrid agreement concerning the international registration of marks , adopted at madrid on 27 june 1989 , based on an application for a european union trade mark or on a european union trade mark and to registrations of marks in the international register maintained by the international bureau of the world intellectual property organisation designating the european union . ' ;


### this cooperation shall cover the following areas of activity : ### this cooperation shall cover , inter alia , the following areas of activity :


### the agency shall provide financial support to the common projects of union interest referred to in paragraph 2 to the extent this is necessary to ensure the effective participation of the industrial property offices of the member states and the benelux office for intellectual property in the projects within the meaning of paragraph 3 . that financial support may take the form of grants . the total amount of funding shall not exceed 10% of the yearly income of the agency . the beneficiaries of grants shall be the industrial property offices of the member states and the benelux office for intellectual property . grants may be awarded without calls for proposals in accordance with the financial rules applicable to the agency and with the principles of grant procedures contained in the financial regulation no 966 / 2012 of the european parliament and of the council and in the commission delegated regulation no 1268 / 2012 . ### the agency shall provide financial support to the common projects of union interest referred to in paragraph 2 to ensure the effective participation of the industrial property offices of the member states and the benelux office for intellectual property in the projects within the meaning of paragraph 3 . that financial support may take the form of grants . the total amount of funding shall not exceed 20% of the yearly income of the agency . the beneficiaries of grants shall be the industrial property offices of the member states and the benelux office for intellectual property . grants may be awarded without calls for proposals in accordance with the financial rules applicable to the agency and with the principles of grant procedures contained in the financial regulation no 966 / 2012 of the european parliament and of the council and in commission delegated regulation no 1268 / 2012 .


### the management board shall be composed of one representative of each member state and two representatives of the commission and their alternates . ### the management board shall be composed of one representative of each member state , two representatives of the commission and one representative of the european parliament and their respective alternates .


### the management board shall hold an ordinary meeting once a year . in addition , it shall meet on the initiative of its chairperson or at the request of the commission or of one - third of the member states . ### the management board shall hold an ordinary meeting two times per year . in addition , it shall meet on the initiative of its chairperson or at the request of the commission , of the european parliament or of one - third of the member states .


### the management board shall take its decisions by an absolute majority of its members . however , a majority of two - thirds of its members shall be required for the decisions which the management board is empowered to take under article 124 and , article 126 and article 129 and . in both cases each member shall have one vote . ### the management board shall take its decisions by an absolute majority of its members . however , a majority of two - thirds of its members shall be required for the decisions which the management board is empowered to take under points and of article 124 , article 126 and article 129 and . in both cases each member shall have one vote .


### the deputy executive director or deputy executive directors shall be appointed or removed from office as provided for in paragraph 2 , after consultation of the executive director and , where applicable , the executive director elect . the term of office of the deputy executive director shall be five years . it may be extended once for no more than five years by the management board acting on a proposal from the commission as provided for in paragraph 4 , after consultation of the executive director . ### the deputy executive director or deputy executive directors shall be appointed or removed from office as provided for in paragraph 2 , after consultation of the executive director and , where applicable , the executive director - elect . the term of office of the deputy executive director shall be five years . it may be extended once for no more than five years by the management board as provided for in paragraph 3 , after consultation of the executive director .


### the agency shall prepare on a biannual basis a report to the commission on its financial situation . on the basis of this report , the commission shall review the financial situation of the agency . ### the agency shall prepare on a biannual basis a report to the european parliament , the council and the commission on its financial situation . on the basis of that report , the commission shall review the financial situation of the agency .


### within a period of five years from the date of the international registration , the agency shall notify the international bureau of the facts and decisions affecting the validity of the european trade mark application or the european trade mark registration on which the international registration was based . ### during a period of five years from the date of the international registration , the agency shall notify the international bureau of any facts and decisions affecting the validity of the european union trade mark application or the european union trade mark registration on which the international registration was based .


### where an international registration is based on a basic application or basic registration relating to a collective mark , certification mark or guarantee mark , the agency shall comply with the procedures provided for in accordance with article 161a . ' ; ### where an international registration is based on a basic application or basic registration relating to a collective mark , certification mark or guarantee mark , the international registration designating the european union shall be dealt with as a european union collective mark . the holder of the international registration shall submit the regulations governing use of the mark as provided for in article 67 directly to the agency within a period of two months from the date on which the international bureau notifies the international registration to the agency .


### in paragraph 2 , the words ' six months ' are replaced by ' one month ' ; ### paragraph 2 is replaced by the following : ' 2 . notice of opposition shall be filed within a period of three months which shall begin one month following the date of the publication pursuant to article 152 . the opposition shall not be treated as duly entered until the opposition fee has been paid . ' ;


### the agency shall transmit requests to register a change in ownership , a license or a restriction of the holder ' s right of disposal , the amendment or cancellation of a license or the removal of a restriction of the holder ' s right of disposal which have been filed with it to the international bureau in the cases specified in accordance with article 161a . ' ; ### the agency shall transmit requests to register a change in ownership , a license or a restriction of the holder ' s right of disposal , the amendment or cancellation of a license or the removal of a restriction of the holder ' s right of disposal which have been filed with it to the international bureau . ' ;


### in paragraph 2 , the words ' or the madrid agreement ' are deleted ; ### paragraph 2 is replaced by the following : ' 2 . the national trade mark application or the designation of a member state party to the madrid protocol [ . . . ] resulting from the conversion of the designation of the european union through an international registration shall enjoy , in respect of the member state concerned , the date of the international registration pursuant to article 3 of the madrid protocol or the date of the extension to the european union pursuant to article 3ter of the madrid protocol if the latter was made subsequently to the international registration , or the date of priority of that registration and , where appropriate , the seniority of a trade mark of that state claimed under article 153 . ' ;


### the formal conditions of an international application referred to in article 147 , the procedure for the examination of the international application pursuant to article 147 and the modalities of forwarding the international application to the international bureau pursuant to article 147 ; ### the formal conditions of an international application , the procedure for the examination of the international application pursuant to article 147 and the modalities of forwarding the international application to the international bureau pursuant to article 147 ;


### the formal conditions of a request for territorial extension as referred to in article 149 , the procedure for the examination of those conditions and the modalities of forwarding the request for territorial extension to the international bureau ; ### the formal conditions of a request for territorial extension , the procedure for the examination of those conditions and the modalities of forwarding the request for territorial extension to the international bureau ;


### the modalities of communications between the agency and the international bureau , including the communications to be made pursuant to articles 147 , 148a , 153 and 158c . ' ; ### the modalities of communications between the agency and the international bureau , including the communications to be made pursuant to articles 148a , 153 and 158c . ' ;


### by 2019 , and every five years thereafter , the commission shall commission an evaluation on the implementation of this regulation . ### by 2019 , and every five years thereafter , the commission shall evaluate the implementation of this regulation .


### in order to guarantee a uniform application of voluntary modulation of direct payments in all member states , the commission should be empowered to adopt implementing acts in accordance with article 291 of the treaty . save where explicitly provided otherwise , the commission should adopt those implementing acts in accordance with the provisions of regulation no [ xxxx / yyyy ] of the european parliament and the council on… [ to be completed following the adoption of the regulation on control mechanisms , as referred to in article 291 of the tfeu , currently the subject of discussion by the european parliament and the council ] . ### in order to ensure uniform conditions for the implementation of regulation no 378 / 2007 in the member states concerned , implementing powers should be conferred on the commission as regards ensuring the integration of voluntary modulation in rural development programming and ensuring the financial management of voluntary modulation . 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 member states of the commission ' s exercise of implementing powers1 . __________________ 1 oj l 55 , 28 . 2 . 2011 , p . 13 .


### in order to guarantee a uniform application of voluntary modulation of direct payments in all member states , the commission should be empowered to adopt implementing acts in accordance with article 291 of the treaty . save where explicitly provided otherwise , the commission should adopt those implementing acts in accordance with the provisions of regulation no . 182 / 2011 of the european parliament and the council on 16 february 2011 to be completed following the adoption of the regulation on control mechanisms , as referred to in article 291 of the tfeu , currently the subject of discussion by the european parliament and the council . ### in order to ensure uniform conditions for the implementation of regulation no 378 / 2007 in the member states concerned , implementing powers should be conferred on the commission as regards fixing the net amounts resulting from the application of voluntary modulation , ensuring the integration of voluntary modulation in rural development programming and ensuring the financial management of voluntary modulation . 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 member states of the commission ' s exercise of implementing powers1 . 1 oj l 55 , 28 . 2 . 2011 , p . 13 .


### in order to ensure the efficient implementation of voluntary modulation the commission should , by means of implementing acts , fix the net amounts resulting from the application of voluntary modulation . given the nature of the envisaged implementing acts , the commission should adopt those acts without the assistance of a committee . ### in order to ensure the efficient implementation of voluntary modulation and given the special nature of those acts , the commission should , by means of implementing acts , fix the net amounts resulting from the application of voluntary modulation .


### ' the net amounts resulting from the application of voluntary modulation shall be fixed by the commission , by means of implementing acts without the assistance of a committee , based on : ' ### ' the net amounts resulting from the application of voluntary modulation shall be fixed by the commission by means of implementing acts based on : '


### the commission shall , by means of implementing acts in accordance with the procedure referred to in article 91c of regulation no 1698 / 2005 , adopt specific provisions for the integration of voluntary modulation in the rural development programming . 2 . the commission shall by means of implementing acts in accordance with the procedure referred to in article 42d of regulation no 1290 / 2005 , adopt specific provisions for the financial management of voluntary modulation . ' ### the commission shall , by means of implementing acts , adopt specific provisions for the integration of voluntary modulation in the rural development programming . those implementing acts shall be adopted in accordance with the examination procedure referred to in the second subparagraph of article 6a . 2 . the commission shall , by means of implementing acts , adopt specific provisions for the financial management of voluntary modulation . those implementing acts shall be adopted in accordance with the advisory procedure referred to in the second subparagraph of article 6a . '


### for companies whose average number of employees during the financial year exceeds 500 and , on their balance sheet dates , exceed either a balance sheet total of eur 20 million or a net turnover of eur 40 million , the review shall also include a non - financial statement containing information relating to at least environmental , social and employee matters , respect for human rights , anti - corruption and bribery matters , including : ### for companies whose average number of employees during the financial year exceeds 500 and , on their balance sheet dates , exceed either a balance sheet total of eur 20 million or a net turnover of eur 40 million , the review shall also include , where appropriate , a non - financial statement containing information in particular relating to environmental , social and employee matters , respect for human rights , anti - corruption and bribery matters , including :


### to the extent necessary for an understanding of the company ' s development , performance or position , the analysis shall include both financial and non - financial key performance indicators relevant to the particular business . ### to the extent necessary for an understanding of the company ' s development , performance or position , the analysis shall include financial and , where appropriate , non - financial key performance indicators relevant to the particular business .


### to the extent necessary for an understanding of such development , performance or position , the analysis shall include both financial and non - financial key performance indicators relevant to the particular business . ### to the extent necessary for an understanding of such development , performance or position , the analysis shall include both financial and , where appropriate , non - financial key performance indicators relevant to the particular business .


### for parent undertakings of undertakings to be consolidated that together exceed an average number of 500 employees during the financial year , and , on their balance sheet dates , exceed either a balance sheet total of eur 20 million or a net turnover of eur 40 million , the review shall also include a non - financial statement containing information relating to at least environmental , social and employee matters , respect for human rights , anti - corruption and bribery matters , including the following : ### for parent undertakings of undertakings to be consolidated that together exceed an average number of 500 employees during the financial year , and , on their balance sheet dates , exceed either a balance sheet total of eur 20 million or a net turnover of eur 40 million , the review shall , where appropriate , also include a non - financial statement containing information , in particular , relating to environmental , social and employee matters , respect for human rights , anti - corruption and bribery matters , including the following :


### attacks against information systems , in particular as a result of the threat from organised crime , are a growing menace , and there is increasing concern about the potential for terrorist or politically motivated attacks against information systems which form part of the critical infrastructure of member states and the union . this constitutes a threat to the achievement of a safer information society and an area of freedom , security and justice , and therefore requires a response at the level of the european union . ### attacks against information systems , in particular as a result of the threat from organised crime , are a growing menace and constitute an urgent issue . there is increasing concern about the potential for terrorist or politically motivated attacks against information systems which form part of the critical infrastructure of member states and the union . this constitutes a severe threat to the achievement of a safer information society and an area of freedom , security and justice , and therefore requires an urgent , coherent and coordinated response at the level of the european union .


### there is evidence of a tendency towards increasingly dangerous and recurrent large scale attacks conducted against information systems which are critical to states or to particular functions in the public or private sector . this tendency is accompanied by the development of increasingly sophisticated tools that can be used by criminals to launch cyber - attacks of various types . ### there is evidence of a tendency towards increasingly dangerous and recurrent large scale attacks conducted against information systems which are critical to member states or to particular functions in the public or private sector , as well as at eu level . this tendency is accompanied by the development of increasingly sophisticated tools that can be used by criminals to launch cyber - attacks of various types .


### there is a need to collect data on offences under this directive , in order to gain a more complete picture of the problem at union level and thereby contribute to formulating more effective responses . the data will moreover help specialised agencies such as europol and the european network and information security agency to better assess the extent of cybercrime and the state of network and information security in europe . ### there is a need to collect data on offences under this directive , in order to gain a complete picture of the problem at union level and thereby contribute to formulating more effective responses . the data will moreover help specialised agencies such as europol and the european network and information security agency to better assess the extent and impact of cybercrime and the state of network and information security in europe .


### this directive respects the fundamental rights and observes the principles recognised in particular by the charter of fundamental rights of the european union , including the protection of personal data , freedom of expression and information , the right to a fair trial , presumption of innocence and the rights of the defence , as well as the principles of legality and proportionality of criminal offences and penalties . in particular , this directive seeks to ensure full respect for these rights and principles and must be implemented accordingly . ### this directive and any practical application thereof respect the fundamental rights and observe the principles recognised in particular by the charter of fundamental rights of the european union , including the protection of personal data , freedom of expression and information , the right to a fair trial , presumption of innocence and the rights of the defence , as well as the principles of legality and proportionality of criminal offences and penalties . in particular , this directive seeks to ensure full respect for these rights and principles and must be implemented accordingly . the free and open nature of the internet is not adversely affected by this directive .


### in compliance with the principle of sound financial management , financial contributions from the egf should not replace support measures which are available for redundant workers within the union’s structural funds or other union policies or programmes . ### in compliance with the principle of sound financial management , financial contributions from the egf should not replace support measures which are available for redundant workers within the union ' s structural funds or other union policies or programmes , notably the esf or the cap .


### for the performance of official controls and other official activities on the production and marketing of plant reproductive material , and in the field of animal welfare , the competent authorities should have access to updated , reliable and consistent technical data , to research findings , new techniques and expertise necessary for the correct application of union legislation applicable in those areas . for that purpose the commission should be able to designate , and rely on the expert assistance of , european union reference centres for plant reproductive material and for animal welfare . ### for the performance of official controls and other official activities in the field of animal health , the competent authorities should have access to updated , reliable and consistent technical data , to research findings , new techniques and expertise necessary for the correct application of union legislation applicable in those areas . for that purpose the commission should be able to designate , and rely on the expert assistance of , european union reference centres for animal health .


### for the performance of official controls and other official activities on the production and marketing of plant reproductive material , and in the field of animal welfare , the competent authorities should have access to updated , reliable and consistent technical data , to research findings , new techniques and expertise necessary for the correct application of union legislation applicable in those areas . for that purpose the commission should be able to designate , and rely on the expert assistance of , european union reference centres for plant reproductive material and for animal welfare . ### for the performance of official controls and other official activities on the production and marketing of plant reproductive material , and in the field of animal welfare , the competent authorities should have access to updated , reliable and consistent technical data , to research findings , new techniques and expertise necessary for the correct application of union legislation applicable in those areas . for that purpose the commission should be able to designate , and rely on the expert assistance of , european union reference centres for plant reproductive material and for animal welfare . the structure of the reference centres for animal welfare should be based on experience gained from the euwelnet pilot project .


### for the performance of official controls and other official activities on the production and marketing of plant reproductive material , and in the field of animal welfare , the competent authorities should have access to updated , reliable and consistent technical data , to research findings , new techniques and expertise necessary for the correct application of union legislation applicable in those areas . for that purpose the commission should be able to designate , and rely on the expert assistance of , european union reference centres for plant reproductive material and for animal welfare . ### for the performance of official controls and other official activities in the field of animal welfare , the competent authorities should have access to updated , reliable and consistent technical data , to research findings , new techniques and expertise necessary for the correct application of union legislation applicable in those areas . for that purpose the commission should be able to designate , and rely on the expert assistance of , a european union reference centre for animal welfare .


### ' animals ' means animals as defined in point of article 4 of regulation no xxx / xxxx [ office of publications , please insert number of the regulation on animal health ] ; ### ' animals ' means animals as defined in point of article 4 of regulation no xxx / xxxx [ office of publications , please insert number of the regulation on animal health ] ; the regulation does not apply to pet animals ;


### ' official attestation ' means any label , mark or other form of attestation issued by the operators under the supervision , through dedicated official controls , of the competent authorities , or by the competent authorities themselves , and providing assurance concerning compliance with one or more requirements laid down in the rules referred to in article 1 ; ### ' official attestation ' means any label , mark or other form of attestation issued by the competent authorities , or by the competent authorities themselves , and providing assurance concerning compliance with one or more requirements laid down in the rules referred to in article 1 ;


### ' border control post ' means a place , and the facilities belonging to it , designated by a member state to perform the official controls provided for in article 45 ; ### ' border control post ' means an inspection centre , and the facilities belonging to it , designated by a member state to perform the official controls provided for in article 45 ;


### ' audit ' means a systematic and independent examination to determine whether activities and the related results of such activities comply with planned arrangements and whether these arrangements are applied effectively and are suitable to achieve objectives ; ### ‘ audit’ means a systematic , independent and documented process for obtaining audit evidence and evaluating it objectively to determine the extent to which audit criteria are fulfilled ;


### ' control verification procedures ' means the arrangements put in place and actions performed by the competent authorities for the purpose of ensuring that official controls and other official activities are consistent and effective ; ### ' control verification procedures ' means the arrangements put in place and actions performed by the competent authorities for the purpose of ensuring that official controls and other official activities are effective ;


### those procedures shall cover the subject areas for control procedures set out in chapter ii of annex ii and contain detailed instructions for staff performing official controls . ### those procedures shall cover the subject areas for control procedures set out in chapter ii of annex ii and contain instructions for staff performing official controls .


### competent authorities shall have procedures in place to verify the consistency and effectiveness of official controls and other official activities that they perform . ### competent authorities shall have procedures in place to verify the effectiveness of official controls and other official activities that they perform .


### take corrective actions in all cases where the procedures provided for in paragraph 2 identify shortcomings in the consistency and effectiveness of official controls and other official activities ; ### take corrective actions in all cases where the procedures provided for in paragraph 2 identify shortcomings in the effectiveness of official controls and other official activities ;


### where laboratory analyses , tests or diagnoses are urgently needed and none of the methods referred to in paragraphs 1 and 2 exists , the relevant national reference laboratory or , if no such national reference laboratory exists , any other laboratory designated in accordance with article 36 may use methods other than those referred to in paragraphs 1 and 2 of this article until the validation of an appropriate method in accordance with internationally accepted scientific protocols . ### where laboratory analyses , tests or diagnoses are urgently needed , in exceptional cases due to a developing emergency situation , and none of the methods referred to in paragraphs 1 and 2 exists , the relevant national reference laboratory or , if no such national reference laboratory exists , any other laboratory designated in accordance with article 36 may use methods other than those referred to in paragraphs 1 and 2 of this article until the validation of an appropriate method in accordance with internationally accepted scientific protocols .


### where laboratory analyses , tests or diagnoses are urgently needed and none of the methods referred to in paragraphs 1 and 2 exists , the relevant national reference laboratory or , if no such national reference laboratory exists , any other laboratory designated in accordance with article 36 may use methods other than those referred to in paragraphs 1 and 2 of this article until the validation of an appropriate method in accordance with internationally accepted scientific protocols . ### where laboratory analyses , tests or diagnoses are needed and none of the methods referred to in paragraphs 1 and 2 exists , the relevant national reference laboratory or , if no such national reference laboratory exists , any other laboratory designated in accordance with article 36 may use methods other than those referred to in paragraphs 1 and 2 of this article until the validation of an appropriate method in accordance with internationally accepted scientific protocols .


### the commission may , by means of implementing acts , lay down rules for : ### the commission may , by means of implementing acts , insofar as these matters are not otherwise regulated , lay down rules for :


### operates in accordance with the standard en iso / iec 17025 on ' general requirements for the competence of testing and calibration laboratories ' and is assessed and accredited in accordance with that standard by a national accreditation body operating in accordance with regulation no 765 / 2008 . ### operates in accordance with the standard en iso / iec 17025 on ' general requirements for the competence of testing and calibration laboratories ' and is accredited in accordance with that standard by a national accreditation body operating in accordance with regulation no 765 / 2008 .


### the scope of the assessment and accreditation of an official laboratory referred to in point of paragraph 4 : ### the scope of the accreditation of an official laboratory referred to in point of paragraph 4 :


### derogations from the condition for the mandatory assessment and accreditation for certain official laboratories ### derogations from the condition for the mandatory accreditation for certain official laboratories


### temporary derogations from the condition for the mandatory assessment and accreditation of official laboratories ### temporary derogations from the condition for the mandatory accreditation of official laboratories


### that carry out the detection of trichinella under the supervision of the competent authorities or of an official laboratory designated in accordance with article 36 , and assessed and accredited in accordance with the standard en iso / iec 17025 on ‘ general requirements for the competence of testing and calibration laboratories’ for the use of the methods referred to in point of this paragraph ; ### that carry out the detection of trichinella under the supervision of the competent authorities or of an official laboratory designated in accordance with article 36 , and accredited in accordance with the standard en iso / iec 17025 on ‘ general requirements for the competence of testing and calibration laboratories’ for the use of the methods referred to in point of this paragraph ;


### powers to adopt derogations from the condition for the mandatory assessment and accreditation of all the methods of laboratory analysis , test and diagnosis used by official laboratories ### powers to adopt derogations from the condition for the mandatory accreditation of all the methods of laboratory analysis , test and diagnosis used by official laboratories


### goods sent as commercial or trade samples or as display items for exhibitions , which are not intended to be placed on the market ; ### goods sent as commercial or trade samples or as display items for exhibitions ;


### having , where possible , heard the operator responsible for the consignment , the competent authorities shall , without delay , order that the operator : ### the competent authorities shall hear the operator responsible for the consignment . the competent authority may omit this if an immediate decision is necessary either because a delay would be dangerous or in the public interest . it shall , without delay , order that the operator :


### the commission may , by means of implementing acts , designate european union reference centres that shall support the activities of the commission and of the member states in relation to the application of the rules referred to in point of article 1 . ### the commission shall , by means of implementing acts , designate european union reference centres that shall support the activities of the commission and of the member states in relation to the application of the rules referred to in point of article 1 .


### upon request , the executive director shall hold confidential oral discussions behind closed doors with the chair and deputy - chairs of the competent committee of the european parliament where such discussions are required for the exercise of the european parliament ' s powers under the treaty . an agreement shall be concluded between the european parliament and the board on the detailed modalities of organising such discussions , with a view to ensuring full confidentiality in accordance with the confidentiality obligations imposed on the ecb as a competent authority under relevant union law . ### upon request , the executive director shall hold confidential oral discussions behind closed doors with the chair and coordinators of the competent committee of the european parliament where such discussions are required for the exercise of the european parliament ' s powers under the treaty . an agreement shall be concluded between the european parliament and the board on the detailed modalities of organising such discussions , with a view to ensuring full confidentiality in accordance with the confidentiality obligations imposed on the ecb as a competent authority under relevant union law .


### 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 .


### any information which has clearly been obtained by a third country or international organisation in violation of human rights shall not be processed . ### any information which has clearly been obtained in violation of human rights shall not be processed .


### data protection rules at europol should be strengthened and draw on the principles underpinning regulation no 45 / 200132 to ensure a high level of protection of individuals with regard to processing of personal data . as declaration 21 attached to the treaty recognizes the specificity of personal data processing in the law enforcement context , the data protection rules of europol should be autonomous and aligned with other relevant data protection instruments applicable in the area of police cooperation in the union , in particular convention no . 10833 and recommendation no r of the council of europe34 and council framework decision 2008 / 977 / jha on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters35 [ to be replaced by the relevant directive in force at the moment of adoption ] . ### data protection rules at europol should be strengthened and draw on the principles underpinning regulation no 45 / 200132 or the instrument replacing regulation 45 / 2001 to ensure a high level of protection of individuals with regard to processing of personal data . as declaration 21 attached to the treaty recognizes the specificity of personal data processing in the law enforcement context , the data protection rules of europol should be autonomous and aligned with other relevant data protection instruments applicable in the area of police cooperation in the union , in particular convention no . 10833 and recommendation no r of the council of europe34 and the robust data protection regime laid down in council framework decision 2008 / 977 / jha on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters35 [ to be replaced by the relevant directive in force at the moment of adoption ] .


### to ensure that europol is a fully accountable and transparent internal organisation , it is necessary , in the light of article 88 of the treaty on the functioning of the european union , to lay down procedures for scrutiny of europol activities by the european parliament together with national parliaments , taking into due account the need to safeguard confidentiality of operational information . ### to respect the role of the parliaments in the monitoring of the european area of freedom , security and justice and the political responsibilities of the national parliaments and of the european parliament in respecting and exercising their respective powers in the legislation process , it is necessary that europol be a fully accountable and transparent internal organisation . to that end , in the light of article 88 of the treaty on the functioning of the european union , procedures for scrutiny of europol activities by the european parliament together with national parliaments should be established in accordance with the provisions on interparliamentary cooperation laid down in title ii of protocol no 1 on the role of national parliaments in the european union , taking into due account the need to safeguard confidentiality of operational information .


### 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 .


### supply europol with the information necessary for it to fulfil its objectives . this includes providing europol without delay with information relating to crime areas that are considered a priority by the union . it also includes providing a copy of bilateral or multilateral exchanges with another member state or member states in so far as the exchange refers to crime that falls under europol ' s objectives ; ### supply europol , on their own initiative with the information necessary for it to fulfil its objectives . without prejudice to the member states discharging the responsibilities incumbent upon them with regard to the maintenance of law and order and the safeguarding of internal security , a national unit shall not in any particular case be obliged to supply information or intelligence if that would entail : harming national security interests ; jeopardising the success of a current investigation or the safety of individuals ; or disclosing information relating to organisations or specific intelligence activities in the field of state security .


### adopt appropriate implementing rules for giving effect to the staff regulations and the conditions of employment of other servants in accordance with article 110 of the staff regulations ; ### on a proposal from the director , adopt appropriate implementing rules for giving effect to the staff regulations and the conditions of employment of other servants in accordance with article 110 of the staff regulations ;


### europol may retrieve and process information , including personal data , from information systems , of a national , union or international nature , including by means of computerised direct access , in so far as authorised by union , international or national legal instruments . the applicable provisions of such union , international or national legal instruments shall govern the access to and use of that information by europol insofar as they provide for stricter rules on access and use than those of this regulation . the access to such information systems shall be granted only to duly authorised staff of europol as far as this is necessary for the performance of their tasks . ### europol may retrieve and process information , including personal data , from information systems , of a national , union or international nature , in so far as authorised by union , international or national legal instruments . the applicable provisions of such union , international or national legal instruments shall govern the access to and use of that information by europol insofar as they provide for stricter rules on access and use than those of this regulation . the access to such information systems shall be granted only to duly authorised staff of europol as far as this is necessary for the performance of their tasks . access shall only be granted on a hit / no hit basis . any information related to the hit shall be communicated to europol only after the explicit approval and authorisation of transfer by the relevant member state , union body or international organisation and be subject to the assessment referred to in article 35 of this regulation .


### in so far as necessary for the achievement of its objectives as laid down in article 3 and , europol shall process information , including personal data only for the purposes of : ### in so far as necessary for the achievement of its objectives as laid down in article 3 and , europol may process information , including personal data , for the purposes of :


### member states shall have access to and be able to search all information which has been provided for the purposes of article 24 and , without prejudice to the right for member states , union bodies and third countries and international organisations to indicate restrictions on access and use of such data . member states shall designate these competent authorities allowed to perform such a search . ### member states shall have access to and be able to search all information which has been provided for the purposes of article 24 and , without prejudice to the right for member states , union bodies and third countries and international organisations to indicate restrictions on access and use of such data . member states shall designate these competent authorities allowed to perform such a search and they may access and search information on a need - to - know basis and to the extent necessary for the legitimate performance of their tasks .


### member states shall have indirect access on the basis of a hit / no hit system to information provided for the purposes of article 24 , without prejudice to any restrictions indicated by the member states , union bodies and third countries or international organisations providing the information , in accordance with article 25 . in the case of a hit , europol shall initiate the procedure by which the information that generated the hit may be shared , in accordance with the decision of the member state that provided the information to europol . ### member states shall have indirect access on the basis of a hit / no hit system to information provided for the purposes of article 24 , without prejudice to any restrictions indicated by the member states , union bodies and third countries or international organisations providing the information , in accordance with article 25 . in the case of a hit , europol shall initiate the procedure by which the information that generated the hit may be shared , in accordance with the decision of the member state , union body , third country or international organisation that provided the information to europol . in such a case , the competent authorities of the member state shall specify which data they need and europol may share the data with the competent authorities only to the extent that the data generating the hit are necessary for the legitimate performance of their tasks . europol shall log which information has been accessed .


### europol shall take all appropriate measures to enable eurojust and olaf , within their respective mandates , to have indirect access on the basis of a hit / no hit system to information provided for the purposes under article 24 , without prejudice to any restrictions indicated by the providing member states , union bodies and third countries or international organisations , in accordance with article 25 . in case of a hit , europol shall initiate the procedure by which the information that generated the hit may be shared , in accordance with the decision of the member state , union body , third country or international organisation that provided the information to europol . ### europol shall take all appropriate measures to enable eurojust and olaf , within their respective mandates , to have indirect access on the basis of a hit / no hit system to information provided for the purposes under article 24 , without prejudice to any restrictions indicated by the providing member states , union bodies and third countries or international organisations , in accordance with article 25 . in case of a hit , europol shall initiate the procedure by which the information that generated the hit may be shared , in accordance with the decision of the member state , union body , third country or international organisation that provided the information to europol . in case of a hit , eurojust and olaf shall specify which data they need and europol may share the data only to the extent that the data generating the hit are necessary for the legitimate performance of their tasks . europol shall log which information has been accessed .


### onward transfers of personal data by member states , union bodies , third countries and international organizations shall be prohibited unless europol has given its explicit consent . ### onward transfers of personal data by member states , union bodies , third countries and international organizations shall be prohibited unless europol has given its explicit consent and the recipient gives an undertaking that the data will be used only for the purpose for which they were transmitted .


### adequate , relevant , and not excessive in relation to the purposes for which they are processed ; ### adequate , relevant , limited and not excessive in relation to the purposes for which they are processed ; any form of data mining , profiling or general surveillance shall be prohibited ;


### information from publicly - available sources shall be assessed by europol using the evaluation codes set out in paragraphs 1 and 2 . ### information from publicly - available sources shall be assessed by europol using the evaluation codes and .


### personal data referred to in paragraphs 1 and 2 shall not be transmitted to member states , union bodies , third countries or international organisations unless strictly necessary in individual cases concerning crime that falls under europol ' s objectives . ### personal data referred to in paragraphs 1 and 2 shall not be transmitted to member states , union bodies , third countries or international organisations unless strictly necessary and duly justified in individual cases concerning crime that falls under europol ' s objectives and in accordance with chapter vi of this regulation .


### the responsibility for the quality of personal data as referred to in article 34 shall lie with the member state which provided the personal data to europol and with europol for personal data provided by union bodies , third countries or international organisations , as well for personal data retrieved by europol from publicly - available sources . ### the responsibility for the quality of personal data as referred to in article 34 shall lie with the member state which provided the personal data to europol , with union bodies until and including the moment of the transfer and with europol for personal data provided by union bodies , third countries or international organisations , as well for personal data retrieved by europol from publicly - available sources .


### ensuring , in an independent manner , lawfulness and compliance with the provisions of this regulation concerning the processing of personal data ; ### ensuring , in an independent manner , the internal application of the provisions of this regulation concerning the processing of personal data ;


### moreover , the data protection officer shall carry out the functions foreseen by regulation no 45 / 2001 with regard to personal data of europol staff members as well as administrative personal data . ### moreover , the data protection officer shall carry out the functions foreseen by regulation no 45 / 2001 with regard to administrative personal data .


### in the performance of his / her tasks , the data protection officer shall have access to all the data processed by europol and to all europol premises . ### in the performance of his / her tasks , the data protection officer shall have access to all the data processed by europol and to all europol premises . such access shall be possible at any time and without prior request .


### in the cases referred to in paragraph 1 , the european data protection supervisor and the national supervisory authorities shall , each acting within the scope of their respective competences , exchange relevant information , assist each other in carrying out audits and inspections , examine difficulties of interpretation or application of this regulation , study problems relating to the exercise of independent supervision or the exercise of the rights of data subjects , draw up harmonised proposals for joint solutions to any problems and promote awareness of data protection rights , as necessary . ### the costs related to all the supervising activities of the joint supervisory authority shall be borne by the european data protection supervisor , who shall also provide for the secretariat services .


### administrative personal data and staff data ### supervision on administrative personal data and staff data


### regulation no 45 / 2001 shall apply to all personal data of europol staff members as well as administrative personal data held by europol . ### regulation no 45 / 2001 shall apply to all administrative personal data held by europol .


### regulation no 45 / 2001 shall apply to all personal data of europol staff members as well as administrative personal data held by europol . ### the european data protection supervisor shall have exclusive competence on this area . regulation no 45 / 2001 shall apply to all personal data of europol staff members as well as administrative personal data held by europol .


### 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 .


### 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 . ### the chairperson of the management board , the executive director or any other europol staff member 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 .