### in the circumstances referred to in article 3 and and article 9 , the member state of establishment of the service provider shall assist the member state to which the posting takes place to ensure compliance with the conditions applicable under directive 96 / 71 / ec and this directive . the member state of establishment of the service provider shall , on its own initiative , communicate to the member state to which the posting takes place any relevant information as specified in articles 3 and and 9 , where the member state of establishment of the service provider is aware of specific facts which indicate possible irregularities . ### in the circumstances referred to in article 3 and and article 9 , the member state of establishment of the service provider shall assist the host member state to ensure compliance with the conditions applicable under directive 96 / 71 / ec and this directive . the member state of establishment of the service provider shall , on its own initiative , communicate to the relevant competent authority of host member state any relevant information as specified in articles 3 and and 9 , where the member state of establishment has reasoned suspicions of possible irregularities . the period for the retention of information should be in accordance with the imi system . the information received shall be treated as confidential and shall not be forwarded or published .


### all the factual elements enumerated above are indicative factors in the overall assessment to be made and may not therefore be considered in isolation . the criteria shall be adapted to each specific case and take account of the specificities of the situation . ### the member states shall take appropriate action to prevent , avoid and combat circumvention and / or abuse of this directive by undertakings seeking deliberately to deny posted workers their rights or to deprive them of those rights . the list of elements enumerated in paragraph 1 and 2 are indicative and non - exhaustive and shall never be considered in isolation . the assessment of these elements shall be adapted to each specific case and take account of the specificities of the situation .


### the posted worker returns or is expected to resume working to the member state from which he / she is posted after completion of the work or the provision of services for which he or she was posted ; ### the posted worker is habitually employed and is expected to return to his habitual place of employment after completion of the work or the provision of services for which he or she was posted ;


### the cooperation of the member states shall in particular consist in replying to reasoned requests for information and to carry out checks , inspections and investigations from competent authorities with respect to the situations of posting referred to in article 1 of directive 96 / 71 / ec , including investigation of any abuses of applicable rules on the posting of workers or possible cases of unlawful transnational activities . ### in compliance with the principles established in article 4 and 5 of directive 96 / 71 / ec , the cooperation of the member states shall in particular consist of an obligation to reply without undue delay in a swift and effective manner to requests for information and to carry out checks , inspections and investigations by their competent authorities with respect to the situations of posting referred to in article 1 of directive 96 / 71 / ec and relevant articles of this directive , including investigation of any abuses of applicable rules on the posting of workers or possible cases of unlawful transnational activities and initiating appropriate actions in accordance with with applicable national laws and practices .


### in the context of bilateral agreements referred to in paragraph 2 , competent authorities of the member states shall use imi as much as possible . in any event , where a competent authority in one of the member states concerned has used imi , it shall be used for any follow - up required and shall take precedence over the mechanism foreseen in such a bilateral agreement with respect to administrative cooperation and mutual assistance . ### in the context of bilateral agreements referred to in paragraph 2 , competent authorities of the member states shall use imi as much as possible . in any event , where a competent authority in one of the member states concerned has used imi , it shall where possible be used for any follow - up required .


### an obligation to designate a contact person to negotiate , if necessary , on behalf of the employer with the relevant social partners in the member state to which the posting takes place , in accordance with national legislation and practice , during the period in which the services are provided . ### the possibility to designate , if necessary , a contact person to represent the employer in the host member state to which the posting takes place , in accordance with national legislation and practice , within period in which the services are provided .


### for the enforcement of the obligations under article 6 of directive 96 / 71 / ec and this directive , member states shall ensure that there are effective mechanisms for posted workers to lodge complaints against their employers directly , as well as the right to institute judicial or administrative proceedings , also in the member state in whose territory the workers are or were posted , where such workers consider they have sustained loss or damage as a result of a failure to apply the applicable rules , even after the relationship in which the failure is alleged to have occurred has ended . ### for the enforcement of the obligations under article 6 of directive 96 / 71 / ec and this directive , member states shall ensure that there are effective mechanisms for posted workers to lodge complaints against their employers directly , as well as the right to institute judicial or administrative proceedings , irrespective of it is the member state of establishment of the undertaking or the host member state , where such workers consider they have sustained loss or damage as a result of a failure to apply the applicable rules , even after the relationship in which the failure is alleged to have occurred has ended .


### member states obligations to make information on terms and conditions of employment generally available and to provide effective access to it , not only to service providers from other member states , but also to the posted workers concerned , should be further concretised . ### difficulties in accessing information on terms and conditions of employment very often prompt service providers not to apply the existing rules , member states should ensure that such information is generally available and provide effective access to it , not only to service providers from other member states , but also to the posted workers concerned . this obligation should be further concretised , particularly with regard to generally binding collective agreements .


### in order to facilitate better and more uniform application of directive 96 / 71 / ec , it is appropriate to provide for an electronic information exchange system to facilitate administrative cooperation and competent authorities should use the internal market information system as much as possible . however , this should not prevent the application of bilateral agreements or arrangements concerning administrative cooperation . ### in order to facilitate better and more uniform application of directive 96 / 71 / ec , it is appropriate to provide for an electronic information exchange system to facilitate administrative cooperation and competent authorities should exclusively use the internal market information system in every case in which it is possible . however , this should not prejudice the application of bilateral agreements , or arrangements concerning administrative cooperation , in the fields that are not covered by the imi system .


### an obligation to designate a contact person to negotiate , if necessary , on behalf of the employer with the relevant social partners in the member state to which the posting takes place , in accordance with national legislation and practice , during the period in which the services are provided . ### the possibility to request the designation of a contact person to negotiate , if necessary , on behalf of the employer with the relevant social partners in the host member state , in accordance with national legislation and practice , within the period in which the services are provided .


### member states should determine the way in which providers and recipients are provided with easily accessible relevant information , preferably by making this information accessible through a website , following web accessibility standards . such websites should include in particular any website put in place pursuant to eu legislation with a view to promote entrepreneurship and / or the development of the cross - border of services . ### a single source of information should be established in every member state with a view to ensuring that the information is legally accurate and accessible . the member states should establish single national websites containing , in particular , information on the terms and conditions of employment applicable to posted workers on their territory as well as links to any website put in place pursuant to eu legislation with a view to promote entrepreneurship and / or the development of the cross - border provision of services .


### the place where the undertaking has its registered office and administration , uses office space , pays taxes , has a professional licence or is registered with the chambers of commerce or professional bodies , ### the place where the undertaking has its registered office and administration , uses office space , pays taxes or according to national law has a professional licence or is registered with the chambers of commerce or professional bodies ,


### the place where the undertaking has its registered office and administration , uses office space , pays taxes , has a professional licence or is registered with the chambers of commerce or professional bodies , ### the place where an undertaking carries out its substantial business activity , has its administration , pays taxes and social contributions , has in accordance with national law a professional licence or is registered with the chambers of commerce or professional bodies ,


### in the circumstances referred to in article 3 and and article 9 , the member state of establishment of the service provider shall assist the member state to which the posting takes place to ensure compliance with the conditions applicable under directive 96 / 71 / ec and this directive . the member state of establishment of the service provider shall , on its own initiative , communicate to the member state to which the posting takes place any relevant information as specified in articles 3 and and 9 , where the member state of establishment of the service provider is aware of specific facts which indicate possible irregularities . ### in the circumstances referred to in article 3 and and article 9 of this directive , the member state of establishment of the service provider shall assist the host member state to ensure compliance with the conditions applicable under directive 96 / 71 / ec and this directive . the member state of establishment of the service provider shall , on its own initiative , or following a request from the host member state , communicate to the host member state any relevant information as specified in articles 3 and and 9 . the member state of establishment shall in the spirit of article 6 of this directive , support the competent authorities of the host member state by providing information on compliance with article 3 of this directive in due time .


### make the information available to workers and service providers in languages other than the national language of the country in which the services are provided , if possible in summarised leaflet form indicating the main labour conditions applicable and upon requests in formats accessible to persons with disabilities ; ### make the information available to workers and service providers in the national language of the member state from which the posting is made , the language of the member state of origin of the worker and service provider , and not only in the national language of the country in which the services are provided , if possible in summarised leaflet form indicating the main labour conditions applicable as well as describing the procedures to lodge complaints and initiate judicial or administrative proceedings and sanctions applicable in case of non - compliance and upon requests in formats accessible to persons with disabilities ; information about other contact points such as those provided by social partners shall also be made available ;


### member states may continue to apply bilateral arrangements concerning administrative cooperation between their competent authorities as regards the application and monitoring of the terms and conditions of employment applicable to posted workers referred to in article 3 of directive 96 / 71 / ec , in so far as these arrangements do not adversely affect the rights and obligations of the workers and companies concerned . ### where appropriate and in accordance with the principles established in directive 96 / 71 / ec , member states are free to apply bilateral arrangements concerning administrative cooperation and mutual assistance between their competent authorities as regards the enforcement of directive 96 / 71 / ec and this directive , in so far as these arrangements do not adversely affect the rights and obligations of the workers and companies concerned . not later than . . .  the european commission will evaluate the interaction between the imi and the bilateral agreements . __________ oj : please insert the date : 5 years after the entry into force of this directive .


### the member state of establishment of the service provider shall continue to control , monitor and take the necessary supervisory or enforcement measures , in accordance with its national law , practice and administrative procedures , with respect to workers posted to another member state . ### in accordance with the principles established in articles 4 and 5 of the directive 96 / 71 / ec , the member state of establishment of the service provider shall continue to control , monitor and take the necessary supervisory or enforcement measures , in accordance with its national law , practice and administrative procedures , with respect to workers posted to another member state . that responsibility shall not in any way reduce the possibilities for the host member state , on their own initiative , to control , monitor and take necessary supervisory or enforcement measures including as regards the inspections of the working conditions .


### member states shall ensure that trade unions and other third parties , such as associations , organisations and other legal entities which have , in accordance with the criteria laid down by their national law , a legitimate interest in ensuring that the provisions of this directive are complied with , may engage , on behalf or in support of the posted workers or their employer , with their approval in any judicial or administrative proceedings provided for with the objective of implementing this directive and / or enforcing the obligations under this directive . ### member states shall ensure that trade unions and other third parties , such as associations , organisations and other legal entities which have , in accordance with the criteria laid down by their national law , a legitimate interest in ensuring that the provisions of directive 96 / 71 / ec and this directive are complied with , may engage , on behalf or in support of the posted workers or their employer , where applicable with their approval in any judicial or administrative proceedings provided for with the objective of implementing directive 96 / 71 / ec and this directive and / or enforcing the obligations under directive 96 / 71 / ec and this directive .


### member states should determine the way in which providers and recipients are provided with easily accessible relevant information , preferably by making this information accessible through a website , following web accessibility standards . such websites should include in particular any website put in place pursuant to eu legislation with a view to promote entrepreneurship and / or the development of the cross - border of services . ### to improve legal clarity and the accessibility of information , a single source of information per member state should be established . member states should indicate a single official national website which includes in particular the information about terms and conditions of employment applicable to the posted workers in its territory as well as links to any website put in place pursuant to eu legislation with a view to promote entrepreneurship and / or the development of the cross - border provision of services .


### effective enforcement of the substantive rules governing the posting of workers for the provision of services should be ensured by specific action focusing on the cross - border enforcement of imposed administrative fines and penalties . approximation of the legislation of the member states in this field is therefore an essential prerequisite in order to ensure a higher , more equivalent and comparable level of protection necessary for the proper functioning of the internal market . ### effective enforcement of the substantive rules governing the posting of workers for the provision of services should be ensured by specific action focusing on the cross - border enforcement of imposed administrative fines and penalties with regard to posting of workers situations , as defined in directive 96 / 71 / ec and this directive . approximation of the legislation of the member states in this field is therefore an essential prerequisite in order to ensure a higher , more equivalent and comparable level of protection necessary for the proper functioning of the internal market .


### member states where labour inspectorates have no competence with respect to the control and monitoring of the working conditions and / or terms and conditions of employment of posted workers may , by way of exception , after consulting the social partners at national level , establish or maintain arrangements guaranteeing the respect of these terms and conditions of employment , provided that the arrangements offer the persons concerned an adequate degree of protection equivalent to that resulting from directive 96 / 71 / ec and this directive . ### in accordance with article 5 of directive 96 / 71 / ec member states are entitled to use arrangements in line with their national law and practice to ensure compliance with directive 96 / 71 / ec in order to guarantee the persons concerned an adequate degree of protection as defined by directive 96 / 71 / ec and this directive .


### improve the accessibility of the information and clarity of the information provided on national websites ; ### improve the relevance , accessibility and clarity of the information provided on national websites ;


### staff costs of an operation may be calculated as a flat rate of up to 15 % of the direct costs other than the staff costs of that operation . ### staff costs of an operation may be calculated as a flat rate of up to 20 % of the direct costs other than the staff costs of that operation .


### for cross - border cooperation , the regions to be supported shall be the nuts level 3 regions of the union along all internal and external land borders other than those covered by programmes under the external financial instruments of the union , and all nuts level 3 regions of the union along maritime borders separated by a maximum of 150 km , without prejudice to potential adjustments needed to ensure the coherence and continuity of cooperation programme areas established for the 2007 - 2013 programming period . ### for cross - border cooperation , the regions to be supported shall be the nuts level 3 regions of the union along all internal and external land borders other than those covered by programmes under the external financial instruments of the union , and all nuts level 3 regions of the union along maritime borders separated by a maximum of 150 km , without prejudice to potential adjustments needed to ensure the coherence and continuity of cooperation programme areas established for the 2007 - 2013 programming period . the above - mentioned maximum limit of 150 km shall not apply to island regions within the limits of their sea basin area , so as to promote cooperation actions based on a common strategy within their functional area .


### in order to deliver on the targets and objectives of smart , sustainable and inclusive growth set out in the europe 2020 strategy , the erdf should contribute under the european territorial cooperation goal to the thematic objectives of developing an economy based on knowledge , research and innovation , promoting a greener , more resource - efficient and competitive economy , fostering high employment that delivers social and territorial cohesion , and developing administrative capacity . however , the list of the investment priorities under the different thematic objectives should be adapted to the specific needs of the european territorial cooperation goal , in particular by allowing for the continuation under cross - border cooperation of legal and administrative cooperation and cooperation between citizens and institutions , of cooperation in the fields of employment , training and social inclusion in a cross - border perspective , by allowing for the continuation under transnational cooperation of maritime cross - border cooperation not covered by cross - border cooperation programmes , and by the development and implementation of macro - regional and sea - basin strategies . ### in order to deliver on the targets and objectives of smart , sustainable and inclusive growth set out in the europe 2020 strategy , the erdf should contribute under the european territorial cooperation goal to the thematic objectives of developing an economy based on knowledge , research and innovation , promoting a greener , more resource - efficient and competitive economy , fostering high employment that delivers social and territorial cohesion , and developing administrative capacity . however , the list of the investment priorities under the different thematic objectives should be adapted to the specific needs of the european territorial cooperation goal , in particular by allowing for the continuation under cross - border cooperation of legal and administrative cooperation and cooperation between citizens and institutions , of development , improvement or expansion of transport and tourism infrastructure , of cooperation in the fields of employment , training and social inclusion in a cross - border perspective , by allowing for the continuation under transnational cooperation of maritime cross - border cooperation not covered by cross - border cooperation programmes .


### the specific actions taken to promote equality between men and women and to prevent discrimination , including accessibility for disabled persons , and the arrangements implemented to ensure the integration of the gender perspective in the operational programme and operations ; ### where appropriate , the specific actions taken to promote equality between men and women and to prevent discrimination , including accessibility for disabled persons , and the arrangements implemented to ensure the integration of the gender perspective in the operational programme and operations ;


### the list of operations shall be updated at least every twelve months . ### the list of operations shall be updated at least every six months .


### to strengthen the financial capacity of the cultural and creative sectors , and in particular small and medium - sized enterprises and organisations ; ### to strengthen the business and economic capacity of the cultural and creative sectors , and in particular small and medium - sized enterprises and organisations ;


### the commission shall ensure regular monitoring and external evaluation of the creative europe programme against the following performance indicators . it has to be taken into account that the achievement of performance results depends on the complementary impact of other activities at european and national level affecting the cultural and creative sectors : ### the commission shall ensure regular monitoring and external evaluation of the framework programme against the following qualitative and quantitative performance indicators :


### – the sectors ' share of employment and share of gdp ; ### – the sectors ' level , change in and share of employment and gdp ;


### to promote the transnational circulation of cultural and creative works and operators and reach new audiences in europe and beyond ; ### to promote the transnational circulation of cultural and creative works and operators and reach new audiences in europe and in markets outside the union ;


### to support transnational policy cooperation in order to foster policy development , innovation , audience building and new business models . ### to foster policy development , innovation , creativity , audience building and new business and management models through transnational policy cooperation .


### supporting international touring , events and exhibitions ; ### supporting international events and exhibitions ;


### in particular , when assessing the technical and financial capacity of the entities that apply for authorisation for offshore oil and gas activities , due account shall be taken of the risk , hazards and any other relevant information related to the area concerned and the particular stage of exploration and production operations and also of the applicants ‘ financial capacities , including any financial security and capacity to cover liabilities potentially deriving from offshore oil and gas activities in question , in particular liability for environmental damages . ### in particular , competent authorities shall assess whether the technical and financial capacity of the entities that apply for authorisation for planned offshore oil and gas operations pursuant to directive 94 / 22 / ec are proportionate to the risks , the hazards and any other relevant information related to the licensed area and the particular stage of exploration and production operations . due account shall be taken of the applicants ' financial capacities , including any financial security and capacity to cover liabilities potentially deriving from the offshore oil and gas activities in question , in particular liability for environmental damages . member states may also take into account the history of the applicant with regards to major incidents where the applicant was proven to be liable and negligent .


### the licensee is liable for the prevention and remediation of environmental damage , pursuant to directive 2004 / 35 / ec , caused by offshore oil and gas activities carried out by the licensee or any entity participating in the offshore oil and gas operations on the basis of a contract with the licensee . the consenting procedure for operations pursuant to this regulation shall not prejudice the liability of the licensee . ### the licensee is liable for the prevention and remediation of environmental damage , pursuant to directive 2004 / 35 / ec - and is deemed to be the operator as defined in that directive - caused by offshore oil and gas operations carried out by the licensee or any operator participating in the offshore oil and gas operations on the basis of a contract with the licensee . the consenting procedure for operations pursuant to this regulation shall not prejudice the liability of the licensee .


### in the light of the above and taking into account technological progress with regard to modern communication tools and the fact that patients throughout the european union have become increasingly active as regards healthcare , it is necessary to amend the existing legislation in order to reduce differences in access to information and to allow for the availability of good - quality , objective , reliable and non promotional information on medicinal products . ### in the light of the above and taking into account technological progress with regard to modern communication tools and the fact that patients throughout the european union have become increasingly active as regards healthcare , it is necessary to amend the existing legislation in order to reduce differences in access to information and to allow for the availability of good - quality , objective , reliable and non - promotional information on medicinal products by placing emphasis on the interests of patients . they should have the right to easily access certain information such as a summary of product characteristics and the package leaflet in electronic and printed form .


### information on the environmental impact of the medicinal product , prices and factual , informative announcements and reference material relating , for example , to pack changes or adverse - reaction warnings ; ### information relating to the disposal of unused medicinal products or waste derived from medicinal products , as well as reference to any collection system in place ; information on prices and factual , informative announcements and reference material on a medicinal product , relating , for example , to pack changes or adverse - reaction warnings ;


### the following types of information on authorised medicinal products subject to medical prescription may be disseminated by the marketing authorisation holder to the general public or members thereof : ### the marketing authorisation holder shall , in respect of authorised medicinal products subject to medical prescription , make available to the general public or members thereof a summary of the product characteristics , labelling and package leaflet of the medicinal product , as approved by the competent authorities , and the publicly accessible version of the assessment report drawn up by the competent authorities . this information should be made available both in electronic and in printed form and in a format accessible to people with disabilities . 2 . in addition , the following types of information may also be made available to the general public or members thereof by the marketing authorisation holder :


### member states shall ensure that corporate or legal entities established within their territory obtain and hold adequate , accurate and current information on their beneficial ownership . ### member states shall ensure that entities , including trusts , foundations , holdings and all other similar , in terms of structure and function , existing or future legal arrangements established within their territory or governed under their law , obtain , hold and transmit to a public register , adequate , accurate and current information on their beneficial ownership , at the moment of establishment or any changes thereof . the public register shall contain but not be limited to the following information : name , legal form and status of the corporate or legal entity ; b ) proof of incorporation ; c ) address of the registered office ; d ) basic regulatory powers ; e ) list of directors ; f ) shareholder information including names , dates of birth , the number of shares per shareholder , and categories of shares . the requirements stipulated in this paragraph shall not exempt obliged entities from their customer due diligence obligations , and obliged entities shall not rely exclusively on this information as sufficient to fulfil these obligations .


### the delegation of power referred to in article 73 shall be conferred on the commission for an indeterminate period of time from the date of entry into force of this regulation . ### the power to adopt delegated acts referred to in article 73 shall be conferred on the commission for a period of five years from the date of entry into force of this regulation . the commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five - year period . provided the report has been received , the delegation of power shall be tacitly extended for periods of an identical duration , unless the european parliament or the council opposes such extension not later than three months before the end of each period .


### in pursuing its objectives , the agency should take full account of the process of enlargement of the union and of the specific constraints relating to rail links with third countries . the agency should have sole responsibility for the functions and powers assigned to it . ### in pursuing its objectives , the agency should take full account of the process of enlargement of the union , the specific constraints relating to rail links with third countries , and the specific situation of rail networks with a different track gauge , particularly where the member states are well integrated into those networks together with third countries but isolated from the main union rail network . it should also seek to facilitate the principle of reciprocity between access for third countries to the union market and access for union undertakings to the markets of third countries .


### authorisations for placing in service of trackside control - command and signalling sub - systems ### authorisation for placing in service of trackside ertms


### competent national authorities have been normally charging for issuing vehicle authorisations and safety certificates . with the transfer competence to the union level , the agency should be entitled to charge the applicants for issuing the certificates and authorisations mentioned in the preceding recitals . the level of those charges should be equal to or lower than the current average in the union and should be determined in a delegated act to be adopted by the commission . ### competent national authorities have been normally charging for issuing vehicle authorisations and safety certificates . where the agency is to issue vehicle authorisations and safety certificates at union level , the agency should be entitled to charge the applicants for issuing the certificates and authorisations mentioned in the preceding recitals . the level of those charges should be equal to or lower than the current average in the union and should be determined in a delegated act to be adopted by the commission .


### the agency shall establish one or more boards of appeal . ### the agency shall establish one or more independent boards of appeal .


### the agency shall issue authorisations for placing in service of the trackside control - command and signalling subsystems located or operated in the entire union in accordance with article 18 of directive … [ the interoperability directive ] . ### the agency is the decision making authority for trackside ertms in accordance with article 18 of directive . . . [ the interoperability directive ] .


### in order to perform its tasks properly , the agency should have legal personality and an autonomous budget funded mainly through a contribution by the union and through fees and charges paid by applicants . in order to ensure independence in its daily management and in the opinions , recommendations and decisions which it issues , the agency ' s organisation should be transparent , the executive director should have full responsibility . the agency ' s staff should be independent and should represent an appropriate balance of short - term and long - term contracts , in order to maintain its organisational knowledge and business continuity while keeping necessary and on - going exchange of expertise with the railway sector . ### in order to perform its tasks properly , the agency should have legal personality and an autonomous budget funded mainly through a contribution by the union and through fees and charges paid by applicants . the agency ' s independence and impartiality should not be compromised by any financial contributions that it receives from member states , third countries or other entities . in order to ensure independence in its daily management and in the opinions , recommendations and decisions which it issues , the agency ' s organisation should be transparent , the executive director should have full responsibility . the agency ' s staff should be independent and should represent an appropriate balance of short - term and long - term contracts , in order to maintain its organisational knowledge and business continuity while keeping necessary and on - going exchange of expertise with the railway sector .


### the agency may enter into agreements with relevant national authorities , in particular the national safety authorities , and other competent bodies , in relation to the implementation of articles 12 , 16 , 17 and 18 . ### the agency may enter into agreements with relevant national authorities , in particular the national safety authorities , and other competent bodies , in relation to the implementation of articles 12 , 16 , 17 and 18 . such agreements may involve one or more national safety authorities .


### the agency should contribute to the creation and effective functioning of a single european railway area without frontiers and guaranteeing a high level of safety while improving the competitive position of the railway sector . that should be attained by contributing , on technical matters , to the implementation of european union legislation by enhancing the level of interoperability of railway systems and to developing a common approach to safety on the european railway system . the agency should also perform the role of european authority responsible for issuing authorisations for placing on the market for railway vehicles and for types of vehicles , safety certificates for railway undertakings and authorisations for placing in service of trackside control - command and signalling sub - systems . moreover , it should monitor national railway rules and the performance of national authorities acting in the railway interoperability and safety fields . ### the agency should contribute to the creation and effective functioning of a single european railway area without frontiers and guaranteeing a high level of safety while improving the competitive position of the railway sector . that should be attained by contributing , on technical matters , to the implementation of european union legislation by enhancing the level of interoperability of railway systems and to developing a common approach to safety on the european railway system . the agency should also perform the role of european authority responsible for issuing , at union level , authorisations for placing railway vehicles on the market and for types of vehicles , safety certificates for railway undertakings and authorisations for placing in service of trackside control - command and signalling sub - systems located or operated throughout the union . moreover , it should monitor national railway rules and the performance of national authorities acting in the railway interoperability and safety fields .


### ' e - call in - vehicle system ' means a system activated either automatically via in - vehicle sensors or manually , which carries , by means of mobile wireless communications networks , a standardised minimum set of data and establishes a 112 - based audio channel between the occupants of the vehicle and a public safety answering point ; ### ' e - call in - vehicle system ' means a system comprising in - vehicle equipment triggered either automatically via in vehicle sensors or manually , which emits signals by means of mobile wireless communications networks , to enable the transmission of a standardised minimum set of data and the establishment of a 112 - based or a private ecall based audio channel between the occupants of the vehicle and a public safety answering point , where the wireless communications network infrastructure exists and is within range ;


### the provision of accurate and reliable positioning information is an essential element of the effective operation of the ecall in - vehicle system . therefore , it is appropriate to require its compatibility with the services provided by satellite navigation programmes , including the systems established under the galileo and egnos programmes set out in regulation no 683 / 2008 of the european parliament and of the council of 9 july 2008 on the further implementation of the european satellite navigation programmes 8 . __________________ 8 oj l 196 , 24 . 7 . 2008 , p . 1 . ### the provision of accurate and reliable positioning information is an essential element of the effective operation of the ecall in - vehicle system . therefore , it is appropriate to require its compatibility with the services provided by the available satellite navigation programmes at the date of entry into force of this regulation , and a reasonable lead in time should furthermore be provided for regarding the systems established under the galileo and egnos programmes as set out in regulation no 683 / 2008 of the european parliament and of the council of 9 july 2008 on the further implementation of the european satellite navigation programmes 8 . __________________ 8 oj l 196 , 24 . 7 . 2008 , p . 1 .


### the mandatory equipping of vehicles with the ecall in - vehicle system should initially apply only to new passenger cars and light commercial vehicles for which an appropriate triggering mechanism already exists . ### the mandatory equipping of vehicles with the 112 - based ecall in - vehicle system should initially apply only to new types of passenger cars and light commercial vehicles for which an appropriate triggering mechanism already exists . the equipping of existing types of vehicles to be manufactured after october 2015 with the 112 - based ecall in - vehicle system should be done as soon as possible . the commission should carry out further research and an impact assessment on the opportunity to equip other vehicle categories , such as heavy goods vehicles , buses and coaches , powered two - wheelers , and agricultural tractors in due time with the 112 - based ecall in - vehicle system , with a view to presenting a legislative proposal .


### vehicle manufacturers should be allowed sufficient time to adapt to the technical requirements of this regulation . ### vehicle manufacturers and service providers should be allowed sufficient lead time from the date of publication of this regulation and the delegated acts adopted pursuant to this regulation in the official journal of the european union to adapt to the technical requirements of this regulation , taking into consideration that the technical requirements regarding testing , application of relevant standards and personal data and privacy protection will be established after the entry into force of this regulation by means of delegated acts .


### manufacturers shall demonstrate that all their new types of vehicle are constructed to ensure that in the event of a severe accident which occurs in the territory of the union , an ecall to the single european emergency number 112 is triggered automatically . ### manufacturers shall demonstrate that new vehicle types are constructed to ensure that in the event of a severe accident which occurs in the territory of the union , an ecall to the single european emergency number 112 or to a private ecall number is triggered automatically . tps - ecall may be fitted as an optional service , in which case it shall fit the general requirements of this regulation . where manufacturers offer tps - ecall , the vehicle user shall be able to choose the preferred system .


### with effect from 1 october 2015 , national authorities shall only grant ec type - approval in respect of the ecall in - vehicle system to new types of vehicles which comply with this regulation and the delegated acts adopted pursuant to this regulation . ### with effect from 36 months after publication in the official journal of the last delegated act relating to this regulation , national authorities shall only grant ec type - approval in respect of the ecall in - vehicle system to new types of vehicles which comply with this regulation and the delegated acts adopted pursuant to this regulation .


### manufacturers shall ensure that the receivers in the in - vehicle systems are compatible with the positioning services provided by satellite navigation systems including the galileo and the egnos systems . ### manufacturers shall ensure that the receivers in the in - vehicle systems are compatible with the positioning services provided by existing satellite navigation systems which are already operational at the date of entry into force of this regulation e . g . gps and the galileo / egnos system .


### the mandatory equipping of vehicles with the ecall in - vehicle system should initially apply only to new passenger cars and light commercial vehicles for which an appropriate triggering mechanism already exists . ### the mandatory equipping of vehicles with the ecall in - vehicle system should apply only to new passenger cars and light commercial vehicles for which an appropriate triggering mechanism already exists . only once it has been established that the ecall in - vehicle system works properly should thought be given to broadening the range of vehicles to which the system is required to be fitted .


### manufacturers shall demonstrate that new vehicles are constructed as to ensure that an ecall to the single european emergency number 112 can also be triggered manually . ### manufacturers shall demonstrate that new vehicle types are constructed as to ensure that an ecall to the single european emergency number 112 or to a private ecall number , including via tps , can also be triggered manually . manufacturers shall demonstrate that new types vehicles are constructed so as to ensure that the 112 ecall is triggered automatically in case the tps - ecall does not function .


### it shall apply from 1 october 2015 . ### it shall apply 36 months after publication in the official journal of the last delegated act relating to this regulation .


### in order to ensure open choice for customers and fair competition , as well as encourage innovation and boost the competitiveness of the union’s information technology industry on the global market , the ecall in - vehicle system should be accessible free of charge and without discrimination to all independent operators and based on an interoperable and open - access platform for possible future in - vehicle applications or services . ### in order to ensure open choice for customers and fair competition , as well as encourage innovation and boost the competitiveness of the union ' s information technology industry on the global market , the ecall in - vehicle system should be accessible free of charge and without discrimination to all independent operators and based on an interoperable and open - access platform taking due account of existing in - vehicle systems for possible future in - vehicle applications or services .


### the union ecall system is expected to reduce the number of fatalities in the union as well as the severity of injuries caused by road accidents . the mandatory introduction of the ecall system would make the service available to all citizens and thus contribute to reduce human suffering and healthcare and other costs . ### the union ecall system is expected to reduce the number of fatalities in the union as well as the severity of injuries caused by road accidents . the mandatory introduction of the ecall system as well as the mandatory and coordinated infrastructure upgrade for conveying ecalls and psaps for receiving ecalls would make the service available to all citizens and thus contribute to reduce human suffering and healthcare and other costs .


### qualified trust service providers issuing qualified certificates shall register in their certificate database the revocation of the certificate within ten minutes after such revocation has taken effect . ### qualified trust service providers issuing qualified certificates shall register the revocation of the certificate in their certificate database on the same working day that such revocation has taken effect , and if such revocation has taken effect on a weekend or public holiday , on the next working day .


### the supervisory body shall verify the compliance of the qualified trust service provider and of the qualified trust services provided by it with the requirements of the regulation . ### the supervisory body shall verify the compliance of the trust service provider and of the trust services it provides with the requirements of this regulation . if compliant , the supervisory body shall grant qualified status to the trust service provider and indicate such status in the trusted lists referred to in article 18 , not later than one month after notification in accordance with paragraph 1 .


### qualified trust services and qualified certificates provided by qualified trust service providers established in a third country shall be accepted as qualified trust services and qualified certificates provided by a qualified trust service providers established in the territory of the union if the qualified trust services or qualified certificates originating from the third country are recognised under an agreement between the union and third countries or international organisations in accordance with article 218 tfue . ### qualified trust services and qualified certificates provided by qualified trust service providers established in a third country shall be accepted as qualified trust services and qualified certificates provided by a qualified trust service provider established in the territory of the union if the qualified trust services or qualified certificates originating from the third country comply with the relevant requirements of this regulation as determined by a supervisory body established in a member state .


### qualified trust service providers shall notify the supervisory body of their intention to start providing a qualified trust service and shall submit to the supervisory body a security audit report carried out by a recognised independent body , as provided for in article 16 . qualified trust service providers may start to provide the qualified trust service after they have submitted the notification and security audit report to the supervisory body . ### qualified trust service providers shall notify the supervisory body of their intention to start providing a qualified trust service and shall submit to the supervisory body a security audit report carried out by a recognised independent body , as provided for in article 16 .


### the member state of the offence shall , under this directive , use the data obtained in order to establish who is personally liable for road safety related traffic offences referred to in articles 2 and 3 . ### the member state of the offence shall , under this directive , use the data obtained in order to establish who is liable under national law for road safety related traffic offences referred to in articles 2 and 3 .


### regarding all weee separately collected in accordance with article 5 and sent for treatment in accordance with articles 8 , 9 and 10 , member states shall ensure that producers meet the minimum targets set out in annex v . ### regarding all weee separately collected and sent for treatment in accordance with articles 8 , 9 and 10 , member states shall ensure that producers meet the following minimum targets as from . . . * : for weee falling under categories 1 and 4 of annex iii , – 85 % shall be recovered and – 75 % shall be recycled ; for weee falling under category 2 of annex iii , – 80 % shall be recovered and – 65 % shall be recycled ; for weee falling under category 3 of annex iii , – 75 % shall be recovered and – 50 % shall be recycled ; for weee falling under category 5 of annex iii , – 75 % shall be recovered and – 50 % shall be recycled ; for weee falling under category 6 of annex iii , – 85 % shall be recovered and – 75 % shall be recycled ; for gas discharge lamps , 80% shall be recycled . _______ * the date of entry into force of this directive .


### information for users member states may require producers to show purchasers , at the time of sale of new products , the costs of collection , treatment and disposal in an environmentally sound way . the costs mentioned shall not exceed the best estimate of the actual costs incurred . ### collection schemes and information for users in order to raise users ' awareness , member states shall ensure that all distributors of very small volume eee put in place appropriate collection schemes for very small volume weee . such collection schemes shall : enable end - users to discard very small volume weee at an accessible and visible collection point in the retailer ' s shop ; require retailers to take back very small volume weee at no charge ; not involve any charge to end - users when discarding very small volume weee , nor any obligation to buy a new product of the same type . distributors supplying eee directly to private households or users other than private households solely by means of distance communication shall only be subject to the obligations under subparagraph 1 and . the collection scheme put in place by these distributors shall enable end - users to return very small volume weee without those users having to incur any charges , including delivery or postal charges . no later than . . . * , the commission shall adopt delegated acts , in accordance with article 20 , with respect to a definition of ' very small volume weee ' , taking into account the risk of such waste not being separately collected due to its very small size . the obligations in this paragraph shall not apply to micro enterprises operating on a very small surface area . no later than . . . * , the commission shall adopt delegated acts , in accordance with article 20 , with respect to a definition of ' micro enterprises operating on a very small surface area ' . ___________ * date 12 months after the entry into force of this directive .


### regarding all weee separately collected in accordance with article 5 and sent for treatment in accordance with articles 8 , 9 and 10 , member states shall ensure that producers meet the minimum&#160 ; targets set out in annex v . ### regarding all weee separately collected and sent for treatment in accordance with articles 8 , 9 and 10 , member states shall ensure that producers meet the following minimum targets as from &#8230 ; * : for weee falling under categories 1 and 4 of annex iii , – 85% shall be recovered , – 75% shall be recycled and – 5% shall be prepared for reuse ; for weee falling under category 2 of annex iii , – 80% shall be recovered , – 65% shall be recycled and – 5% shall be prepared for reuse ; for weee falling under category 3 of annex iii , –75% shall be recovered and –50% shall be recycled ; for weee falling under category 5 of annex iii , –75% shall be recovered , –50% shall be recycled and –5% shall be prepared for reuse ; for weee falling under category 6 of annex iii , – 85% shall be recovered , – 75% shall be recycled and – 5% shall be prepared for reuse ; for gas discharge lamps , 80% shall be recycled . _______ * the date of entry into force of this directive .


### in order to distinguish between eee and weee , where the holder of the object claims that he intends to ship or is shipping used eee and not weee , member state authorities shall , in cases of used eee suspected to be weee request the following to back up this claim : ### in order to distinguish between eee and weee , where the holder of the object claims that he intends to ship or is shipping functioning or non - functioning used eee and not weee , member state authorities shall request the following to back up this claim :


### ‘ traditional’ means proven usage on the domestic market for a time period allowing transmission between generations ; this time period should be the one generally ascribed to two generations , at least 50 years ; ### ' traditional ' means proven usage on the domestic market for a time period allowing transmission between generations ; this time period should be the one generally ascribed to one generation , that is , at least 25 years ;


### the role of groups should be clarified and recognised . groups play an essential role in the application process for the registration of names of designations of origin and geographical indications and traditional specialities guaranteed , including amendments of specifications and cancellation requests . the group can also develop activities related to the surveillance of the enforcement of the protection of the registered names , the compliance of the production with the product specification , the information and promotion of the registered name as well as in general any activity aiming to improve the value of the registered names and effectiveness of the quality schemes . nevertheless , these activities should not facilitate nor lead to anti - competitive conduct incompatible with articles 101 and 102 of the treaty . ### the role of groups should be clarified and recognised . groups play an essential role in the application process for the registration of names of designations of origin and geographical indications and traditional specialities guaranteed , including amendments of specifications and cancellation requests . the group can also develop activities related to the surveillance of the enforcement of the protection of the registered names , the compliance of the production with the product specification , the information and promotion of the registered name as well as in general any activity aiming to improve the value of the registered names and effectiveness of the quality schemes . under no circumstances should the groups have the right to apply for the authorisation of systems for the management of supply , as these activities could facilitate or lead to anti - competitive conduct incompatible with articles 101 and 102 of the treaty , they could also infringe the rights of small producers and new entrants on the market .


### a name shall be eligible for registration as a traditional speciality guaranteed where it describes a specific processed product that : ### a name shall be eligible for registration as a traditional speciality guaranteed where it describes a specific product that :


### in the case of products originating in the union , marketed under a protected designation of origin or a protected geographical indication registered in accordance with the procedures laid down in this regulation , the indications ‘ protected designation of origin’ or ‘ protected geographical indication’ or the union symbols associated with them shall appear on the labelling . in addition , the corresponding abbreviations ‘ pdo’ or ‘ pgi’ may appear on the labelling . ### in the case of products originating in the union , marketed under a protected designation of origin or a protected geographical indication registered in accordance with the procedures laid down in this regulation , the indications ‘ protected designation of origin’ or ‘ protected geographical indication’ or the corresponding abbreviations ' pdo ' or ' pgi ' may appear on the labelling .


### ‘ traditional’ means proven usage on the domestic market for a time period allowing transmission between generations ; this time period should be the one generally ascribed to two generations , at least 50 years ; ### ‘ ' traditional ' means proven usage on the domestic market for a period allowing transmission between generations ; this time period should be the one generally ascribed to one generation , that is , at least 25 years ;


### the list of medicinal products under intensive monitoring referred to in article 23 of regulation no 726 / 2004 ; ### the list of medicinal products referred to in article 23 of regulation no 726 / 2004 whose authorisation is subject to certain conditions or requirements ;


### when food information law establishes new requirements , consideration shall be given to the need for a transitory period after the entry into force of the new requirements , during which foods bearing labels not complying with the new requirements can be placed on the market and for stocks of such foods that have been placed on the market before the end of the transitory period to continue to be sold until exhausted . ### when food information law establishes new requirements , a transitory period shall be granted after the entry into force of the new requirements , during which foods bearing labels not complying with the new requirements can be placed on the market and for stocks of such foods that have been placed on the market before the end of the transitory period to continue to be sold until exhausted .


### the minimum font size referred to in paragraph 1 shall not apply in case of packaging or containers the largest surface of which has an area of less than 10 cm2 . ### the minimum font size referred to in paragraph 1 shall not apply in case of packaging or containers the largest surface of which has an area of less than 50 cm2 .


### in the case of packaging or containers the largest surface of which has an area of less than 10 cm2 only the particulars listed in article 9 , , and shall be mandatory on the package or on the label . the particulars referred to in article 9 shall be provided through other means or shall be available at the request of the consumer . ### in the case of packaging or containers the largest surface of which has an area of less than 50 cm2 , only the particulars listed in article 9 , , and shall be mandatory on the package or on the label . the particulars referred to in article 9 shall be provided through other means or shall be available at the request of the consumer .


### to appeal to the average consumer and to serve the informative purpose for which it is introduced , and given the current level of knowledge on the subject of nutrition , the information provided should be simple and easily understood . research has indicated that consumers find the information in the principal field of view or ‘ front of pack’ is useful when making purchasing decisions . therefore , to ensure that consumers can readily see the essential nutrition information when purchasing foods such information should be in the principal field of view of the label . ### to appeal to the average consumer and to serve the informative purpose for which it is introduced , and given the current level of knowledge on the subject of nutrition , the information provided should be simple and easily understood . research has indicated that consumers find the information in the principal field of view or ' front of pack ' is useful when making purchasing decisions . therefore , to ensure that the consumers can readily see the essential nutrition information when purchasing foods , ' the energy value ' should be indicated in the principal field of vision on the front of the packaging .


### to appeal to the average consumer and to serve the informative purpose for which it is introduced , and given the current level of knowledge on the subject of nutrition , the information provided should be simple and easily understood . research has indicated that consumers find the information in the principal field of view or ‘ front of pack’ is useful when making purchasing decisions . therefore , to ensure that consumers can readily see the essential nutrition information when purchasing foods such information should be in the principal field of view of the label . ### to appeal to the average consumer and to serve the informative purpose for which it is introduced , and given the current level of knowledge on the subject of nutrition , the information provided should be simple and easily understood . research regarding the positioning of such information is inconclusive . to ensure that consumers can readily see all the essential information when purchasing foods , all such information should be displayed together , in the same field of vision .


### wine as defined in council regulation no 1493 / 1999 , beer , and spirits as defined in article 2 of regulation no . [ … ] of [ … ] of the european parliament and of the council on the definition , description , presentation , labelling and the protection of geographical indications of spirit drinks and repealing council regulation no 1576 / 89 . the commission shall produce a report after [ five years of the entry into force of this regulation ] concerning the application of article 19 on these products and may accompany this report by specific measures determining the rules for labelling ingredients . those measures designed to amend non - essential elements of this regulation , by supplementing it shall be adopted in accordance with the regulatory procedure with scrutiny referred to in article 49 ; ### wine and wine products as defined in article 1 of council regulation no 479 / 2008 of 29 april 2008 on the common organisation of the market in wine1 and article 2 of council regulation no 1601 / 1991 of 10 june 1991 laying down general rules on the definition , description and presentation of aromatised wines , aromatised wine - based drinks and aromatised wine product cocktails2 , similar products obtained from fruit other than grapes , cider , perry beer , spirits as defined in article 2 of regulation no 110 / 2008 of the european parliament and of the council of 15 january 2008 on the definition , description , presentation , labelling and the protection of geographical indications of spirit drinks3 , and other alcoholic beverages . the commission shall produce a report by . . . * concerning the application of article19 on these products and may accompany this report by specific measures determining the rules for labelling ingredients . those measures shall be adopted where necessary in accordance with the following procedure : as regards the products referred in the regulation no 479 / 2008 , in accordance with the regulatory procedure referred to in article 113 of that regulation and laid down in article 195 of regulation no 1234 / 2007 of the european parliament and of the council of 22 october 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products 4 ; as regards the products referred to in article 2 of regulation no 1601 / 91 , in accordance with the regulatory procedure laid down in article 13 of that regulation ; as regards the products referred to in regulation no 110 / 2008 , in accordance with the regulatory procedure laid down in article 25 of that regulation ; as regards other products , in accordance with the regulatory procedure with scrutiny referred to in article 49 . without prejudice to the specificities identified through the abovementioned procedures for products referred to in points , , and of paragraph 1 , the measures referred to in paragraph 1 shall apply consistently and become applicable at the same time for all the products listed in article 20 and article 29 . oj l 148 , 6 . 6 . 2008 , p . 1 . 2 . oj l 149 , 14 . 6 . 1991 , p . 1 . 3 oj l 39 , 13 . 2 . 2008 , p . 16 . 4 . oj l 299 , 16 . 11 . 2007 , p . 1 . * oj please insert date : five years after the entry into force of this regulation .


### to appeal to the average consumer and to serve the informative purpose for which it is introduced , and given the current level of knowledge on the subject of nutrition , the information provided should be simple and easily understood . research has indicated that consumers find the information in the principal field of view or ' front of pack ' is useful when making purchasing decisions . therefore , to ensure that the consumers can readily see the essential nutrition information when purchasing foods such information should be in the principal field of view of the label . ### to appeal to the average consumer and to serve the informative purpose for which it is introduced , and given the current level of knowledge on the subject of nutrition , the information provided should be simple and easily understood . research has indicated that consumers find the information in the principal field of view or ' front of pack ' is useful when making purchasing decisions . therefore , to ensure that the consumers can readily see the essential nutrition information when purchasing foods , ' the energy value ' should be indicated in the principal field of vision on the front of the pack , through a multiple colour coding system . however , all nutrition information should be placed together in one place in the same field of vision on the package .


### member states shall ensure that at each airport a compulsory and regular procedure for consultation between the airport managing body and airport users is established with respect to the operation of the system of security charges and the level of such charges . that consultation shall take place at least once a year . ### member states shall ensure that a compulsory procedure for regular consultation between the competent body and airport users or the representatives or associations of airport users and the associations of air passengers is established with respect to the operation of the system of security charges and the level of such charges . such consultation shall take place at least once a year , unless agreed otherwise in the latest consultation . where a multi - annual agreement between the competent body and the airport users exists , the consultations shall take place as provided for in such agreement . member states shall retain the right to request more frequent consultations .


### member states shall ensure that the airport managing body provides each airport user and the representatives or associations of airport users , once a year , with information on the components serving as a basis for determining the level of all security charges levied at the airport . this information shall at least include : ### member states shall ensure that the competent body provides each airport user , or the representatives or associations of airport users , every time consultations as referred to in article 4 are to be held , with information on the components serving as a basis for determining the structure and the level of all security charges levied at each airport . this information shall at least include :


### member states shall ensure that the airport managing body provides each airport user and the representatives or associations of airport users , once a year , with information on the components serving as a basis for determining the level of all security charges levied at the airport . this information shall at least include : ### member states shall ensure that the competent body provides each airport user , or the representatives or associations of airport users , every time consultations as referred to in article 4 are to be held , with information on the components serving as a basis for determining the structure or the level of all security charges levied under its responsibility . the information shall at least include :


### member states shall ensure that at each airport a compulsory and regular procedure for consultation between the airport managing body and airport users is established with respect to the operation of the system of security charges and the level of such charges . that consultation shall take place at least once a year . ### member states shall ensure that a compulsory procedure for regular consultation between the competent body and airport users or the representatives or associations of airport users is established with respect to the operation of the system of security charges and the level of such charges . such consultation shall take place at least once a year , unless agreed otherwise in the last consultation round . if there is a multiannual agreement between the competent body and the airport users , the consultation shall take place as laid down in that agreement . member states shall , however , retain the right to require more frequent consultation .


### impact assessments of union measures of particular relevance for the competitiveness of enterprises , with a view to identifying areas of existing legislation that need to be simplified , or areas in which new legislative measures need to be proposed ; ### fitness checks of existing legislation and impact assessments of new union measures that are of particular relevance for the competitiveness of enterprises , with a view to identifying areas of existing legislation that need to be simplified or where sme specific exemptions can be applied , and to ensure that burdens on smes are minimised in areas in which new legislative measures need to be proposed ;


### impact assessments of union measures of particular relevance for the competitiveness of enterprises , with a view to identifying areas of existing legislation that need to be simplified , or areas in which new legislative measures need to be proposed ; ### fitness checks of existing legislation and impact assessments of new union measures that are of particular relevance for the competitiveness of enterprises , with a view to identifying areas of existing legislation that need to be simplified , and ensuring that burdens on smes are minimised in areas in which new legislative measures are being proposed ;


### the financial instruments for growth - oriented smes may , where appropriate , be combined with other financial instruments established by member states and their managing authorities in accordance with [ article 33 of regulation no xxx / 201x [ new regulation on structural funds ] ] , and grants funded from the union , including under this regulation . ### the financial instruments for smes may , where appropriate , be combined with other financial instruments established by member states and their managing authorities in accordance with [ article 33 of regulation no xxx / 201x [ new regulation on structural funds ] ] , and grants funded from the union , including under this regulation .


### the commission may support initiatives accelerating the emergence of competitive industries based on cross - sectoral activities in areas characterised by a high proportion of smes and with a high contribution to the union ' s gdp . such initiatives shall stimulate development of new markets and the supply of goods and services based on the most competitive business models or on modified value - chains . they shall include initiatives to enhance productivity , resource efficiency , sustainability and corporate social responsibility . ### the commission shall support initiatives accelerating the emergence of competitive industries based on cross - sectoral activities in areas characterised by a high proportion of smes and with a high contribution to the union ' s gdp . such initiatives shall stimulate the uptake of new competitive business models , the cooperation of smes in new value chains and the development of new markets , and promote improved products and processes and flexible organisational structures . they may include initiatives to enhance productivity , resource efficiency , sustainability and corporate social responsibility . the activities shall encourage the adoption of new business models as well as the commercial use of relevant ideas for new products and services . the commission may also support sector - specific activities for those purposes , in areas characterised by a high proportion of smes and with a high contribution to the union´s gdp , such as the tourism sector , in cases where added value at union can be sufficiently demonstrated .


### to improve framework conditions for the competitiveness and sustainability of union enterprises including in the tourism sector ; ### to improve framework conditions for the sustainable competitiveness of union enterprises ;


### specific measures shall aim to facilitate smes access to markets outside the union , and to strengthening existing support services in those markets . smes may receive support through the programme as regards standards and intellectual property rights in priority third countries . ### specific measures shall aim to facilitate smes access to markets outside the union , in particular by providing information on market entry barriers and business opportunities and by improving support services as regards information on standards , public procurement and intellectual property rights in priority third countries . those measures shall complement but not duplicate core trade promotion activities ;


### in order to contribute to the reinforcement of competitiveness and sustainability of union enterprises , in particular smes , the advancement of the knowledge society , and development based on balanced economic growth , a programme for the competitiveness of enterprises and smes should be established . ### in order to contribute to the reinforcement of sustainable competitiveness of union enterprises , in particular smes , to encourage an entrepreneurial culture and to promote the creation and growth of smes , a programme for the competitiveness of enterprises and smes should be established .


### to improve access to markets inside the union and globally . ### to improve access to markets , particularly inside the union and also globally .


### impact assessments of union measures of particular relevance for the competitiveness of enterprises , with a view to identifying areas of existing legislation that need to be simplified , or areas in which new legislative measures need to be proposed ; ### ‘ fitness checks’ of existing legislation and impact assessments of union measures of particular relevance for the competitiveness and growth of enterprises , and in particular smes , with a view to identifying areas of existing legislation that need to be simplified or repealed and to ensure that burdens on smes are minimised in areas in which new legislative measures are proposed ;


### the commission shall contribute to promoting entrepreneurship by improving framework conditions affecting the development of entrepreneurship . the commission shall support a business environment favourable to enterprise development and growth . ### the commission shall contribute to the fostering of the entrepreneurial spirit by improving framework conditions affecting the development of entrepreneurship . the commission shall support a business environment favourable to enterprise start up , development , transfer , growth and second chances .


### the commission may support actions to improve smes access to the single market including information provision and awareness - raising . ### the commission shall support actions to improve smes access to the single market including information provision and awareness - raising on topics such as cross - border business opportunities . these actions may also seek the removal of existing legal and regulatory barriers . measures may include ensuring that the contact points of the europe enterprise network and the europe direct service are provided with adequate information and , if necessary , training , to offer a high standard of service to smes , and refocusing the enterprise europe network on providing targeted , tailor - made support for smes .


### the financial envelope for implementing the programme shall be eur 2 . 522 billion , of which approximately eur 1 . 4 billion shall be allocated to financial instruments . ### the financial envelope for implementing the programme shall be [ eur 2 . 522 billion ] , of which at least 55 , 5 % shall be allocated to financial instruments . the commission may decide to amend the 55 , 5% threshold where the supply of finance under those financial instruments exceeds demand .


### sme growth in terms of added - value and number of employees , ### sme growth ,


### measures to encourage cooperation in policy making and exchange of good practices among the member states , other countries participating in the programme and the union ' s main competitors , and to address international aspects of competitiveness policies . ### measures to encourage cooperation in policy making and exchange of good practices among the member states , other countries participating in the programme and the union ' s main global trading partners ;


### to improve framework conditions for the competitiveness and sustainability of union enterprises including in the tourism sector ; ### to improve framework conditions for the competitiveness , growth , internationalisation and sustainability of union enterprises , particularly smes , including in the services and tourism sectors , procurement and new entrepreneurship ;


### the certificate of conformity shall be designed to prevent forgery . to that end , the paper used shall be protected either by coloured graphics or by a watermark in the form of the manufacturer ' s identification mark . ### the certificate of conformity shall be designed to prevent forgery . to that end , the paper used shall be protected by adequate means including coloured graphics or a watermark in the form of the manufacturer ' s identification mark .


### manufacturers shall provide unrestricted and standardised access to vehicle repair and maintenance information to independent operators through websites in a readily accessible and prompt manner . in particular , this access should be granted in a manner which is non - discriminatory compared to the provision given or access granted to authorised dealers and repairers . ### manufacturers shall provide equal access to vehicle repair and maintenance information to authorised dealers , repairers and independent operators through websites using a standardised format in a readily accessible and prompt manner . this access shall be granted in a non - discriminatory manner . software critical to the correct functioning of safety and environmental control systems , shall be restricted to repair and maintenance , therefore excluding software for changing parameters and data sets .


### it shall apply from 1 january 2014 . ### member states shall , at the request of the manufacturer , apply this regulation to new types of vehicles as from the date of entry into force of the last delegated act applicable to the vehicle category , but not earlier than 1 january 2014 ;


### the commission shall be delegated powers to adopt in accordance with article 57 a delegated act laying down the detailed technical requirements including test procedures and limit values , where applicable , for the subjects listed in paragraph 2 in order to ensure that a high level of road safety will be obtained . ### in order to ensure that a high level of functional safety is obtained , the commission shall be delegated powers to adopt in accordance with article 57 a delegated act laying down the detailed technical requirements including test procedures and limit values , where applicable , for the subjects listed in paragraph 2 . the detailed technical requirements shall ensure that , when relevant , vehicles with a maximum speed of more than 40 km / h , with the exclusion of towed implements s , meet an equivalent level of road safety with regards to brake performance and anti - lock braking systems as motor vehicles and their trailers .


### paragraph 1 shall apply , in the case of complete vehicles , for a period of twelve months from the date on which validity of the eu type - approval expired and , in the case of completed vehicles , for a period of eighteen months from that date . ### paragraph 1 shall apply , in the case of complete vehicles , for a period of 24 months from the date on which validity of the eu type - approval expired and , in the case of completed vehicles , for a period of 30 months from that date .


### manufacturers shall provide unrestricted and standardised access to vehicle repair and maintenance information to independent operators through websites in a readily accessible and prompt manner . in particular , this access should be granted in a manner which is non - discriminatory compared to the provision given or access granted to authorised dealers and repairers . ### manufacturers shall provide unrestricted access to vehicle repair and maintenance information to independent operators through websites using a standardised format in a readily accessible and prompt manner . in particular , this access shall be granted in a manner which is non - discriminatory compared to the access granted to authorised dealers and repairers .


### the commission shall be delegated powers to adopt in accordance with article 57 a delegated act laying down the detailed technical requirements including test procedures and limit values , where applicable , for the subjects listed in paragraph 2 in order to ensure that a high level of road safety will be obtained . ### in order to ensure that a high level of functional safety is obtained , the commission shall be empowered to adopt delegated acts in accordance with article 57 concerning the detailed technical requirements for the subjects listed in paragraph 2 of this article , including test procedures and limit values , where applicable . those detailed technical requirements shall be such as to increase , or at least maintain , the level of functional safety afforded by the directives referred to in articles 62 and article 63 . the detailed technical requirements shall , in particular , ensure the following : - vehicles with a maximum speed of more than 40 km / h meet an equivalent level of road safety with regards to brake performance and anti - lock braking systems as motor vehicles and their trailers ; - the maximum contact pressure exerted on hard road surface from tyres or tracks does not exceed 0 . 9 mpa .


### the complete test reports issued on the basis of the standardised oecd codes listed in annex i , approved according to the general rules of oecd , may be used as an alternative to the test reports drawn up under this regulation or the separate regulations . ### the test reports issued on the basis of the standardised oecd codes listed in annex i , or its equivalent standard , may be used as an alternative to the test reports drawn up under this regulation or the separate regulations . the specific type approval may be issued by the type approval authority or , when relevant , by oecd , at the choice of the manufacturer .


### the complete test reports issued on the basis of the standardised oecd codes listed in annex i , approved according to the general rules of oecd , may be used as an alternative to the test reports drawn up under this regulation or the separate regulations . ### the test reports issued on the basis of the standardised oecd codes listed in annex i , or equivalent standards , may be used as an alternative to the test reports drawn up under this regulation or the separate regulations . the specific type approval may be issued by the type approval authority or , when relevant , by oecd , at the choice of the manufacturer .


### manufacturers shall make training material available to independent operators and authorised dealers and repairers . ### manufacturers shall make training material and the required tools available to authorised dealers , repairers and independent operators alike ;


### for the purposes of the design and manufacture of automotive equipment for alternative fuel tractors , manufacturers shall provide the relevant obd and vehicle repair and maintenance information on a non - discriminatory basis to any interested manufacturer , installer or repairer of equipment for alternative fuel vehicles . ### for the purposes of the design and manufacture of automotive equipment for alternative fuel tractors , manufacturers shall provide the relevant obd and tractor repair and maintenance information on a non - discriminatory basis to any interested manufacturer , installer or repairer of equipment for alternative fuel tractors .


### the certificate of conformity shall be designed to prevent forgery . to that end , the paper used shall be protected either by coloured graphics or by a watermark in the form of the manufacturer’s identification mark . ### the certificate of conformity shall be designed to prevent forgery . to that end , the paper used shall be protected by adequate means such as coloured graphics or a watermark in the form of the manufacturer’s identification mark .


### manufacturers may charge reasonable and proportionate fees for access to vehicle repair and maintenance information covered by this regulation . ### manufacturers may charge reasonable and proportionate fees for tractor repair and maintenance information , working tools and website access covered by this regulation .


### unrestricted access to vehicle repair information , via a standardised format which can be used to retrieve the technical information , and effective competition on the market for vehicle repair and maintenance information services are necessary to improve the functioning of the internal market , particularly as regards the free movement of goods , freedom of establishment and freedom to provide services . a great proportion of such information is related to on - board diagnostic systems and their interaction with other vehicle systems . it is appropriate to lay down technical specifications that the websites of the manufacturers should follow , along with targeted measures to ensure reasonable access for small and medium - sized enterprises . ### appropriate access to vehicle repair information , via a standardised format which can be used to retrieve the technical information , and effective competition on the market for tractor repair and maintenance information services are necessary to improve the functioning of the internal market , particularly as regards the free movement of goods , freedom of establishment and freedom to provide services . a great proportion of such information is related to on - board diagnostic systems and their interaction with other vehicle systems . it is appropriate to lay down technical specifications that the websites of the manufacturers should follow , with due regard to the principle of proportionality , taking into account sales volumes , and the capabilities of small and medium - sized manufacturers .


### without prejudice to specific community legislation applicable to particular foods as regards to the requirements referred to in article 9 to , when appearing on the package or on the label attached thereto , the mandatory particulars listed in article&#160 ; 9 shall be printed on the package or on the label in characters of a font size of at least 3mm and shall be presented in a way so as to ensure a significant contrast between the print and background . ### without prejudice to specific community legislation applicable to particular foods as regards to the requirements referred to in article 9 to , the mandatory particulars listed in article 9 shall be printed on the package or on the label in a clearly legible manner . in a consultation procedure with representatives of the relevant interest groups , the european commission shall draw up binding rules governing the legibility of food information for consumers . those measures , designed to amend non - essential elements of this regulation by supplementing it , shall be adopted in accordance with the regulatory procedure with scrutiny referred to in article 49 .


### when food information law establishes new requirements , consideration shall be given to the need for a transitory period after the entry into force of the new requirements , during which foods bearing labels not complying with the new requirements can be placed on the market and for stocks of such foods that have been placed on the market before the end of the transitory period to continue to be sold until exhausted . ### when food information law establishes new requirements , a transitory period shall be granted after the entry into force of the new requirements , during which foods bearing labels not complying with the new requirements can be placed on the market and for stocks of such foods that have been placed on the market before the end of the transitory period to continue to be sold until exhausted .


### the particulars referred to article 31 related to the mandatory nutrition declaration shall be included in the principal field of vision . they shall be presented , where appropriate , together in a clear format in the following order : energy , fat , saturates , carbohydrates with specific reference to sugars , and salt . ### the particulars referred to in article&#160 ; 31 related to the mandatory nutrition declaration shall be included in the same field of vision . they shall be presented in the following order : energy , protein , carbohydrates with specific reference to sugars , fat , saturates , fibre and sodium . where space permits , these particulars shall be presented in tabular form , with the numbers aligned . where space does not permit , they shall appear in linear form . in addition , the amount of energy referred to in article 29 and the percentage of the reference intake for energy referred to in article 31 shall appear in the principal field of vision in accordance with article 32 and 32 . it shall be expressed per portion .


### the particulars referred to article&#160 ; 31 related to the mandatory nutrition declaration shall be included in the principal field of vision . they shall be presented , where appropriate , together in a clear format in the following order : energy , fat , saturates , carbohydrates with specific reference to sugars , and salt . ### the particulars indicated pursuant to article 31 and related to mandatory nutrition labelling shall be included in the same field of vision in a single table . the mandatory indications shall be presented in the following order : energy , protein , fat , with specific reference to saturates , carbohydrates with specific reference to sugars , and sodium . additional voluntary indications shall be provided in the order laid down in annex xiii .


### in order to take account of changes and developments in the field of food information , provisions should be made to empower the commission to amend the list of mandatory information by adding or removing particulars and for enabling the availability of certain particulars through alternative means . consultation with stakeholders should facilitate timely and well targeted changes of food information requirements . ### in order to take account of changes and developments in the field of food information , provisions should be made to empower the commission to amend the list of mandatory information by adding or removing particulars and for enabling the availability of certain particulars through alternative means . public consultation with all stakeholders should facilitate timely and well targeted changes of food information requirements .


### within their own territory , the member states in which a food is marketed may stipulate that the particulars shall be given in one or more languages from among the official languages of the union . ### within their own territory , the member states in which a food is marketed may stipulate that the particulars shall be given in one or more languages from among the official languages of the union . this requirement may not , however , prevent mandatory information being given instead in other official languages of the union that are easily understood by the consumers in the member state in question .


### where food information covered by this regulation is provided on a voluntary basis , such information shall comply with the relevant specific requirements laid down in this regulation . ### where food information covered by this regulation is provided on a voluntary basis , such information shall be clearly legible .


### when considering the need for mandatory food information , account shall be taken of a widespread need on the part of the majority of consumers for certain information to which they attach significant value or of any generally accepted benefits to the consumer to enable them to make informed choices . ### when considering the need for mandatory food information , account shall be taken of the potential costs and benefits to stakeholders of providing certain information to which they attach significant value or of any generally accepted benefits to enable consumers to make informed choices .


### before any decision is taken on the temporary reintroduction of certain controls at internal borders , the possibility of resorting to measures aimed at addressing the underlying situation , including assistance by union bodies such as frontex or europol , and technical or financial support measures at the national and / or union level , should be fully explored . moreover , any decision to reintroduce internal border control should be based on substantiated information , which may be provided by the member state requesting the reintroduction , or come from other sources , including inspection visits . ### before any decision is taken on the temporary reintroduction of certain controls at internal borders , the possibility of resorting to measures aimed at addressing the underlying situation , including assistance by union bodies such as frontex or europol , and technical or financial support measures at the national and / or union level , should be fully explored . moreover , any decision to reintroduce internal border control should be based on substantiated information , which may be provided by the member states , or come from other sources , including inspection visits .


### the common fisheries policy shall apply the precautionary approach to fisheries management , and shall aim to ensure , by 2015 , that exploitation of living marine biological resources restores and maintains populations of harvested species above levels which can produce the maximum sustainable yield . ### the common fisheries policy shall aim to ensure , by 2015 , that exploitation of living marine biological resources restores and maintains populations of harvested species above levels which can produce the maximum sustainable yield .