### in order to guarantee the free movement of products within the union , it is necessary to ensure that they fulfil requirements providing a high level of protection of public interests such as health and safety in general , health and safety in the workplace , protection of consumers , protection of the environment and public security . robust enforcement of these requirements is essential to the proper protection of these interests and to create the conditions in which fair competition in the union goods market can thrive . rules are therefore necessary on market surveillance and on controls of products entering the union from third countries . ### in order to guarantee the free movement of products within the union , it is necessary to ensure that they fulfil requirements providing a high level of protection of public interests such as health and safety in general , health and safety in the workplace , fair trading practices , protection of consumers , protection of the environment , protection of intellectual property right and public security . robust enforcement of these requirements is essential to the proper protection of these interests and to create the conditions in which fair competition in the union goods market , online and offline , can thrive . rules are therefore necessary on market surveillance , online and offline , and on controls of products entering the union from third countries .


### this regulation should therefore integrate the provisions of regulation 765 / 2008 , directive 2001 / 95 / ec and several sector - specific acts of union harmonisation legislation relating to market surveillance into a single regulation which covers products in both the harmonised and non - harmonised areas of the union legislation , regardless whether they are intended for use , or are likely to be used , by consumers or professionals . ### this regulation should therefore integrate the provisions of regulation 765 / 2008 , directive 2001 / 95 / ec and several sector - specific acts of union harmonisation legislation relating to market surveillance into a single regulation which covers products in both the harmonised and non - harmonised areas of the union legislation , regardless whether they are traded online or offline , intended for use , or are likely to be used , by consumers or professionals .


### market surveillance should be based on the assessment of the risk presented by a product taking all relevant data into account . a product that is subject to union harmonisation legislation which lays down essential requirements relating to protection of certain public interests should be presumed not to present a risk to those public interests if it complies with those essential requirements . ### market surveillance should be based on the assessment of the risk presented by a product taking all relevant data into account , and on a duty of care for all relevant economic operators , especially intermediaries , regardless of whether the products are traded online or offline . a product that is subject to union harmonisation legislation which lays down essential requirements relating to protection of certain public interests should be presumed not to present a risk to those public interests if it complies with those essential requirements .


### for the purposes of this regulation risk assessment should be carried out to identify products which have the potential to affect adversely the public interests protected by [ regulation no xxxx ] , sector - specific union harmonisation legislation and other union legislation on products that are subject to this regulation . it should include , where available , data on risks that have materialised previously with respect to the product in question . account should also be taken of any measures that may have been taken by the economic operators concerned to alleviate the risks . the particular potential vulnerability of consumers , as opposed to professional users , should be taken into account as should the increased vulnerability of certain categories of consumer such as children , the elderly or the disabled . ### for the purposes of this regulation risk assessment should be carried out to identify products which have the potential to affect adversely the public interests protected by [ regulation no xxxx ] , sector - specific union harmonisation legislation and other union legislation on products that are subject to this regulation . it should include , where available , data on risks that have materialised previously with respect to the product in question . account should also be taken of any measures that may have been taken by the economic operators concerned , applying a duty of care , to alleviate the risks . the particular potential vulnerability of consumers , as opposed to professional users , should be taken into account as should the increased vulnerability of certain categories of consumer such as children , the elderly or the disabled .


### market surveillance authorities should be given the power to destroy products , render inoperable or order their destruction by the relevant economic operator , if they deem it necessary and proportionate to ensure that such goods cannot pose any further threats . ### market surveillance authorities should be given the power to destroy products , render inoperable or order their destruction or withdrawal by the relevant economic operator , operating online or offline , if they deem it necessary and proportionate to ensure that such goods cannot pose any further threats or to avoid making illicit products available on the market .


### since the objective of this regulation , namely to ensure that products on the market covered by union legislation fulfil the requirements providing a high level of protection of health and safety and other public interests while guaranteeing the functioning of the internal market by providing a framework for coherent market surveillance in the union , cannot be sufficiently achieved by the member states as the attainment of this objective requires a very high degree of cooperation , interaction and uniformity of operation among all of the competent authorities of all member states , and can therefore , by reason of its scale and effects , be better achieved at union level , the union may adopt measures , in accordance with the principle of subsidiarity as set out in article 5 of the treaty on european union . in accordance with the principle of proportionality , as set out in that article , this regulation does not go beyond what is necessary in order to achieve that objective . ### since the objective of this regulation , namely to ensure that products on the market , online and offline , covered by union legislation fulfil the requirements providing a high level of protection of health and safety and other public interests while guaranteeing the functioning of the internal market , both online and offline , by providing a framework for coherent market surveillance in the union , cannot be sufficiently achieved by the member states as the attainment of this objective requires a very high degree of cooperation , interaction and uniformity of operation among all of the competent authorities of all member states , and can therefore , by reason of its scale and effects , be better achieved at union level , the union may adopt measures , in accordance with the principle of subsidiarity as set out in article 5 of the treaty on european union . in accordance with the principle of proportionality , as set out in that article , this regulation does not go beyond what is necessary in order to achieve that objective .


### this regulation lays down a framework for verifying that products meet requirements which safeguard , at a high level , the health and safety of persons in general , health and safety in the workplace , consumer protection , the environment , public security and other public interests . ### this regulation lays down a framework for verifying that products available online or offline meet requirements which safeguard , at a high level , the health and safety of persons in general , health and safety in the workplace , fair trading practices , consumer protection , the environment , the protection of intellectual property right , the protection of public security and other public interests .


### ‘ making available on the market’ means any supply of a product for distribution , consumption or use on the union market in the course of a commercial activity , whether in return for payment or free of charge ; ### ‘ making available on the market’ means any supply or presentation of a product for distribution , consumption or use on the union market , online or offline , in the course of a commercial activity , whether in return for payment or free of charge ;


### ‘ placing on the market’ means the first making available of a product on the union market ; ### ‘ placing on the market’ means the first making available of a product on the union market , either online or offline ;


### ‘ market surveillance’ means the activities carried out and measures taken by public authorities to ensure that products do not endanger health , safety or any other aspect of public interest protection and , in the case of products falling within the scope of union harmonisation legislation , that they comply with the requirements set out in that legislation ; ### ‘ market surveillance’ means the activities carried out and measures taken by public authorities to ensure that products available either online or offline do not endanger health , safety or any other aspect of public interest protection and , in the case of products falling within the scope of union harmonisation legislation , that they comply with the requirements set out in that legislation ;


### ‘ market surveillance authority’ means an authority of a member state responsible for carrying out market surveillance on its territory ; ### ‘ market surveillance authority’ means an authority of a member state responsible for carrying out market surveillance , either online or offline , on its territory ;


### ‘ product presenting a risk’ means a product having the potential to affect adversely health and safety of persons in general , health and safety in the workplace , consumer protection , the environment and public security as well as other public interests to a degree which goes beyond that considered reasonable and acceptable under the normal or reasonably foreseeable conditions of use of the product concerned , including the duration of use and , where applicable , its putting into service , installation and maintenance requirements ; ### ‘ product presenting a risk’ means a product which has the potential to affect adversely health and safety of persons in general , health and safety in the workplace , consumer protection , the environment and public security as well as other public interests to a degree which goes beyond that considered reasonable and acceptable under the normal or reasonably foreseeable conditions of use of the product concerned , including the duration of use and , where applicable , its putting into service , installation and maintenance requirements ;


### ‘ union harmonisation legislation’ means union legislation harmonising the conditions for the marketing of products ; ### ‘ union harmonisation legislation’ means union legislation harmonising the conditions to make products available on the market both online or offline ;


### market surveillance shall be organised and carried out in accordance with this regulation with a view to ensuring that products presenting a risk are not made available on the union market and , where such products have been made available , effective measures are taken to remove the risk presented by the product . ### market surveillance shall be organised and carried out in accordance with this regulation with a view to ensuring that products presenting a risk , and products that are not compliant with the applicable union legislation are not made available on the union market and , where such products have been made available , effective measures are taken to remove the risk presented by the product .


### the economic operator shall ensure that all necessary corrective action is taken in respect of all the products concerned that it has made available on the market throughout the union . ### the economic operator , applying a duty of care , shall ensure that all necessary corrective action is taken in respect of all the products concerned that it has made available on the market throughout the union .


### where the identity of the relevant economic operator cannot be ascertained by the market surveillance authorities or where an economic operator has not taken the necessary corrective action pursuant to article 9 within the period specified , market surveillance authorities shall take all necessary measures to deal with the risk presented by the product . ### where the identity of the relevant economic operator cannot be ascertained by the market surveillance authorities or where an economic operator failed in its duty of care or has not taken the necessary corrective action pursuant to article 9 within the period specified , market surveillance authorities shall take all necessary measures to deal with the risk presented by the product .


### the member states shall lay down the rules on penalties applicable to infringements of the provisions of this regulation that impose obligations on economic operators and to infringements of provisions of any union harmonisation legislation on products covered by this regulation that impose obligations on economic operators where that legislation does not provide for penalties , and shall take all measures necessary to ensure that they are implemented . the penalties provided for must be effective , proportionate and dissuasive . member states shall notify those provisions to the commission by [ insert date - 3 months prior to the date of application of this regulation ] and shall notify it without delay of any subsequent amendment affecting them . ### the member states determine the penalties applicable to infringements of the provisions of this regulation that impose obligations on economic operators and to infringements of provisions of any union harmonisation legislation on products covered by this regulation that impose obligations on economic operators where that legislation does not provide for penalties , and shall take all measures necessary to ensure that they are implemented . the penalties provided for must be effective , proportionate and dissuasive . member states shall notify those provisions to the commission by [ insert date - 3 months prior to the date of application of this regulation ] and shall notify it without delay of any subsequent amendment affecting them .


### to establish safety management systems in accordance with this directive . ### to establish practical implementation and application of safety management systems in accordance with this directive .


### the agency and the national safety authorities shall be free to carry out all inspections and investigations that are needed for accomplishment of their tasks and they shall be granted access to all relevant documents and to premises , installations and equipment of infrastructure managers and railway undertakings . ### the agency and the national safety authorities shall be free to carry out all inspections , audits and investigations that are needed for accomplishment of their tasks and they shall be granted access to all relevant documents and to premises , installations and equipment of infrastructure managers and railway undertakings .


### ‘ for the purpose of point , in the case where the product is obtained from another wholesale distributor , holders of the wholesale distribution authorisation must verify compliance with good distribution practices of the supplying wholesale distributor either by themselves or through a body accredited for that purpose by the competent authority of a member state . where the product is obtained from the manufacturer or importer , holders of the wholesale distribution authorisation must verify that the manufacturer or importer holds a manufacturing authorization . ’ ### for the purpose of point , in the case where the product is obtained from another wholesale distributor , holders of the wholesale distribution authorisation must verify compliance with good distribution practices of the supplying wholesale distributor through the community database , as referred to in article 111 . where the product is obtained from the manufacturer or importer , holders of the wholesale distribution authorisation must verify that the manufacturer or importer holds a manufacturing authorization through the community database , as referred to in article 111 . when products are obtained through trading or brokering , the holders of the wholesale distribution , trading or brokering authorisation must verify that the persons or entities involved hold the necessary authorisations through the community database , as referred to in article 111 . '


### after every inspection as referred to in paragraph 1 , the competent authority shall report on whether the manufacturer , importer , or wholesale distributor complies with the principles and guidelines of good manufacturing practice and good distribution practices referred to in articles 47 and 84 or on whether the marketing authorization holder complies with the requirements laid down in title ix . the competent authority which carried out the inspection shall communicate the content of those reports to the manufacturer , importer , marketing authorization holder , or to the wholesale distributor who has undergone the inspection . before adopting the report , the competent authority shall give the manufacturer , importer , marketing authorization holder , or wholesale distributor concerned the opportunity to submit their comments . ’ ### after every inspection as referred to in paragraph 1 , the competent authority shall report on whether the manufacturer , importer , wholesale distributor , trader or broker complies with the principles and guidelines of good manufacturing practice , good distribution practice , good trading practice , or good brokerage practice referred to in articles 47 and 84 or on whether the marketing authorization holder complies with the requirements laid down in title ix . the competent authority which carried out the inspection shall communicate the content of those reports to the manufacturer , importer , marketing authorization holder , wholesale distributor , trading authorisation holder or brokerage authorisation holder who has undergone the inspection . before adopting the report , the competent authority shall give the manufacturer , importer , marketing authorization holder , wholesale distributor , trader or broker concerned the opportunity to submit their comments .


### within 90 days of an inspection as referred to in paragraph 1 , a certificate of good manufacturing practice or good distribution practice shall be issued to the manufacturer , importer , or wholesale distributor if the outcome of the inspection shows that the person complies with the principles and guidelines of good manufacturing practice or good distribution practice as provided for by community legislation . ### within 90 days of an inspection as referred to in paragraph 1 , a certificate of good manufacturing practice , good distribution practice , good trading practices , or good brokerage practice shall be issued to the manufacturer , importer , wholesale distributor , trader or broker if the outcome of the inspection shows that the person complies with the principles and guidelines of good manufacturing practice , good distribution practice , good trading practices , or good brokering practice as provided for by union legislation .


### if the outcome of the inspection as referred to in paragraph 1 is that the person does not comply with the principles and guidelines of good manufacturing practices or good distribution practices as provided for by community legislation , the information shall be entered in the community database referred to in paragraph 6 . ### if the outcome of the inspection as referred to in paragraph 1 is that the person does not comply with the principles and guidelines of good manufacturing practices good distribution practices , good trading practices or good brokering practices as provided for by community legislation , the information shall be entered in the community database referred to in paragraph 6 .


### the european platform against poverty and social exclusion and the innovation union flagship initiatives identify social innovation as a powerful tool for addressing the social challenges arising from population ageing , poverty , unemployment , new work patterns and life styles , and citizens ' expectations regarding social justice , education and health care . the programme should support action to step up social innovation in policy areas falling within its scope in the public , private and third sectors , taking due account of the role of regional and local authorities . in particular , it should help identify , evaluate and scale up innovative solutions and practice through social experimentation to assist the member states more effectively in reforming their labour markets and social protection policies . it should also act as a catalyst for transnational partnerships and networking between public , private and third - sector actors as well as supporting their involvement in designing and implementing new approaches to tackling pressing social needs and challenges . ### the european platform against poverty and social exclusion and the innovation union flagship initiatives identify social innovation as a powerful tool – particularly at this time of economic crisis in the union and its regions – for addressing the social challenges arising from population ageing , poverty , unemployment , new work patterns and life styles , and citizens ' expectations regarding social justice , education and health care . the programme should support action to step up social innovation in policy areas falling within its scope in the public , private and third sectors , taking due account of the role of regional and local authorities . in particular , it should help identify , evaluate and scale up innovative solutions and their practical implementation through social experimentation to assist the member states more effectively in reforming their labour markets and social protection policies , so as , in particular , to boost growth and balanced development in regions of the union . it should also act as a catalyst for transnational partnerships and networking between public , private and third - sector actors as well as supporting their involvement in designing and implementing new approaches to tackling pressing social needs and challenges . the programme should also help to identify , evaluate and scale up innovative solutions and practice through social policy experimentation to assist the member states to increase the efficiency of their labour markets and further improve their social protection and inclusion policies , where necessary . the programme should also pay attention to the territorial dimension of poverty and exclusion , and especially to increasing inequalities between and within regionsand between regions and cities .


### the union should equip itself with a sound analytical basis to support policy - making in the employment and social area . such an evidence base adds value to national action by providing a union dimension and comparison for data - gathering and the development of statistical tools and methods and common indicators with a view to composing a full picture of the situation in the fields of employment , social policy and working conditions across the union and ensuring high - quality evaluation of the efficiency and effectiveness of programmes and policies . ### the union should equip itself with a sound analytical basis to support policy - making in the employment and social area . such an evidence base adds value to national action by providing a union dimension and comparison for data - gathering and the development of statistical tools and methods and common indicators with a view to composing a full picture of the situation in the fields of employment , social policy and working conditions across the union and ensuring high - quality evaluation of the efficiency and effectiveness of programmes and policies . in particular , a better understanding of the territorial dimension of socio - economic disadvantage could add value substantially to the efforts to develop more sustainable and integrated approaches to tackling such disadvantage .


### civil society organisations active at various levels can play an important role in meeting the objectives of the programme , by participating in the policy - making process and contributing to social innovation . ### civil society organisations active at various levels can play an important role in meeting the objectives of the programme , by participating in the policy - making process and contributing to social innovation . in this connection , ongoing dialogue should be promoted between national , regional and local authorities , civil society representatives and social partners , with a view to ensuring the effective introduction of integrated actions .


### in accordance with articles 45 and 46 of the treaty , regulation no 492 / 2011 lays down provisions intended to achieve freedom of movement for workers by ensuring close cooperation between the member states and with the commission . eures should promote better functioning of the labour markets by facilitating transnational geographical mobility of workers , providing greater transparency on the labour market , ensuring the clearance of vacancies and applications for employment and supporting activities in the areas of recruitment , advice and guidance services at national and cross - border level , thereby contributing to the objectives of the europe 2020 strategy . ### in accordance with articles 45 and 46 of the treaty , regulation no 492 / 2011 lays down provisions intended to achieve freedom of movement for workers by ensuring close cooperation between national employment services and with the commission . eures should promote better functioning of the labour markets by actively identifying job opportunities , facilitating transnational geographical mobility of workers , particularly of young workers , providing greater transparency on the labour market , ensuring the clearance of vacancies and applications for employment and supporting activities in the areas of recruitment , advice and guidance services at national and cross - border level , thereby contributing to the implementation of flexicurity policies and the objectives of the europe 2020 strategy . it must be stressed that the commission cannot act as an employment service .


### lack of access to credit is one of the main obstacles to business creation , especially among people furthest from the labour market . union and national efforts in this area need to be stepped up in order to increase the supply of microfinance and meet demand from those who need it most , and in particular unemployed and vulnerable people who wish to start up or develop a micro - enterprise , including on a self - employed basis , but do not have access to credit . as a first step , in 2010 the european parliament and the council set up the facility . ### lack of access to credit is one of the main obstacles to business creation , especially among people furthest from the labour market . union and national efforts in this area need to be stepped up , in particular by making administrative formalities more flexible , so as , in particular , to simplify administrative procedures for microfinance operations and make appropriate information sessions available to prospective entrepreneurs , in order to increase the supply of microfinance and meet demand from those who need it most , and in particular unemployed and vulnerable people who wish to start up or develop a micro - enterprise , including on a self - employed basis , but do not have access to credit . similarly , since small undertakings and micro - enterprises make up the majority of newly - formed companies in the european union , microcredits could be the most rapid means of obtaining added value and concrete results . as a first step , in 2010 the european parliament and the council set up the facility .


### the progress axis , which shall support the development , implementation , monitoring and evaluation of union employment and social policy and legislation on working conditions and shall promote evidence - based policy - making and innovation , in partnership with the social partners , civil society organisations and other interested parties ; ### the progress axis , which shall support the development , implementation , monitoring and evaluation of union employment and social policy and legislation on working conditions and shall promote evidence - based policy - making and innovation , in partnership with local and regional governments , the social partners , civil society organisations and other interested parties ;


### promote workers’ geographical mobility and boost employment opportunities by developing union labour markets that are open and accessible to all ; ### promote workers’ geographical mobility and boost employment opportunities by developing union labour markets that are open , fair , high quality and accessible to all , with particular attention being paid to young people facing serious difficulties in finding a job opportunity ;


### organisation of working groups of national officials to monitor the implementation of union law ; ### organisation of working groups of national , regional and local officials to monitor the implementation of union law ;


### exchange of personnel between national administrations . ### exchange of personnel between regional , local and national administrations .


### the commission , in cooperation with the member states , shall ensure that activities carried out under the programme are consistent with , and complementary to other union action , in particular under the european social fund and in such areas as social dialogue , justice and fundamental rights , education , vocational training and youth policy , research and innovation , entrepreneurship , health , enlargement and external relations , and general economic policy . ### the commission , in cooperation with the member states , in accordance with the partnership principle , shall ensure that activities carried out under the programme are consistent with and complementary to other union action , in particular under the cohesion policy funds , with special reference to the european social fund and the european fund for regional development and such areas as social dialogue , justice and fundamental rights , education , vocational training and youth policy , research and innovation , entrepreneurship , health , enlargement and external relations , and general economic policy .


### facilitate effective and inclusive information - sharing , mutual learning and dialogue on union employment and social policy and working conditions legislation at union , national and international level in order to assist the member states and the other participating countries in developing their policies and in implementing union law ; ### facilitate effective and inclusive information - sharing , mutual learning and dialogue on union employment and social policy and working conditions legislation at union , national , regional , local , and international level in order to assist the member states and the other participating countries in developing their policies and in implementing union law ;


### ensure that job vacancies and applications , and any related information are transparent for the potential applicants and the employers ; this shall be achieved through their exchange and dissemination at transnational , interregional and cross - border level using standard interoperability forms ; ### ensure that job vacancies and applications , and any related information are transparent for the potential applicants and the employers ; this shall be achieved through the identification and ongoing compilation of new job opportunities at european level in the public or private sector , promoting their exchange and dissemination at transnational , interregional and cross - border level using standard interoperability forms ; the eures network should become the true european portal for citizens ' geographical mobility ;


### persons who have lost or are at risk of losing their jobs , or who have difficulty in entering or re - entering the labour market , persons at risk of social exclusion and vulnerable persons who are in a disadvantaged position with regard to access to the conventional credit market and who wish to start up or develop their own micro - enterprises ; ### persons who have lost their jobs , or who have difficulty in entering or re - entering the labour market , young people , as well as persons who are at risk of social exclusion and vulnerable persons who are in a disadvantaged position with regard to access to the conventional credit market and who wish to start up or develop their own micro - enterprises , including self - employment , without any discrimination as to age ;


### public and private bodies that carry out activities as referred to in paragraph 1 shall adhere to high standards concerning governance , management and customer protection in line with the principles of the european code of good conduct for microcredit provision and shall seek to prevent persons and undertakings from becoming over - indebted . ### public and private bodies that carry out activities as referred to in paragraph 1 shall adhere to high standards concerning governance , management and customer protection in line with the principles of the european code of good conduct for microcredit provision and shall seek to prevent persons and undertakings from becoming over - indebted as a result of loans granted at very high interest rates and on terms likely to result in their insolvency .


### progressively phasing out environmentally harmful subsidies , increasing the use of market - based instruments , including taxation , pricing and charging , and expanding markets for environmental goods and services , with due regard to any adverse social impacts . ### increasing the use of market - based instruments , expanding markets for environmental goods and services , with due regard to any adverse social impacts , and accelerating the progressive phasing - out of environmentally harmful subsidies ;


### sexual abuse and sexual exploitation of children , including child pornography constitute serious violations of fundamental rights , in particular the rights of the child to protection and care as is necessary for his or her well - being as stipulated by the un convention on the rights of the child and the charter of fundamental rights of the european union . ### sexual abuse and sexual exploitation of children , including child pornography constitute serious violations of the law and of fundamental rights , in particular the rights of the child to protection and care as is necessary for his or her well - being as stipulated by the un convention on the rights of the child and the charter of fundamental rights of the european union .


### investigating offences and bringing charges in criminal proceedings should be facilitated , to take into account the difficulty for child victims of denouncing abuse and the anonymity of offenders in cyberspace . to ensure successful investigations and prosecutions of the offences referred to in this directive , effective investigation tools should be made available to those responsible for the investigation and prosecutions of such offences . these tools may include covert operations , interception of communications , covert surveillance including electronic surveillance , monitoring of bank accounts or other financial investigations . ### investigating offences , bringing charges in criminal proceedings and identifying the offender should be facilitated , to take into account the difficulty for child victims of denouncing abuse . the anonymity of offenders in cyberspace should not be allowed to obstruct investigations and prevent the offender from being traced without delay . member states should therefore take steps to ensure that cyberspace users remain anonymous in public but can be identified immediately in the event of an offence being committed , in particular in the online spaces in which there is the highest risk of grooming , such as on social networking websites , forums , social platforms and blogs . to ensure successful investigations and prosecutions of the offences referred to in this directive , effective investigation tools should be made available to those responsible for the investigation and prosecutions of such offences . these tools may include covert operations , interception of communications , covert surveillance including electronic surveillance , monitoring of bank accounts or other financial investigations . those investigations should be authorised by the relevant judicial authority in the member state concerned and should be carried out under the supervision of that authority .


### rules on jurisdiction should be amended to ensure that child sexual abusers or exploiters from the european union face prosecution even if they commit their crimes outside the european union , in particular via so - called sex tourism . ### it is crucial to strengthen the effectiveness of law , including extraterritorial criminal law in order to ensure that child sexual abusers or exploiters from the european union face prosecution even if they commit their crimes outside the european union , in particular via so - called sex tourism , a phenomenon that is spreading geographically with serious implications .


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


### child pornography , which constitutes sex abuse images , is a specific type of content which cannot be construed as the expression of an opinion . to combat it , it is necessary to reduce the circulation of child abuse material by making it more difficult for offenders to upload such content onto the publicly accessible web . action is therefore necessary to remove the content at source and apprehend those guilty of making distributing or downloading child abuse images . the eu , in particular through increased cooperation with third countries and international organisations , should seek to facilitate the effective removal by third country authorities of websites containing child pornography , which are hosted in their territory . however as , despite such efforts , the removal of child pornography content at its source proves to be difficult where the original materials are not located within the eu , mechanisms should also be put in place to block access from the union ' s territory to internet pages identified as containing or disseminating child pornography . for that purpose , different mechanisms can be used as appropriate , including facilitating the competent judicial or police authorities to order such blocking , or supporting and stimulating internet service providers on a voluntary basis to develop codes of conduct and guidelines for blocking access to such internet pages . both with a view to the removal and the blocking of child abuse content , cooperation between public authorities should be established and strengthened , particularly in the interest of ensuring that national lists of websites containing child pornography material are as complete as possible and of avoiding duplication of work . any such developments must take account of the rights of the end users , adhere to existing legal and judicial procedures and comply with the european convention on human rights and the charter of fundamental rights of the european union . the safer internet programme has set up a network of hotlines whose goal is to collect information and to ensure coverage and exchange of reports on the major types of illegal content online . ### child pornography constitutes sex abuse images . to combat it , it is necessary to reduce the circulation of child abuse material by making it more difficult for offenders to upload such content onto the publicly accessible web . action is therefore necessary to remove the content at source and apprehend those guilty of making distributing or downloading child abuse images . the eu , in particular through increased cooperation with third countries and international organisations , should seek to facilitate the effective removal by third country authorities of websites containing child pornography , which are hosted in their territory . despite such efforts , the removal of child pornography content at its source proves to be difficult where the original materials are not located within the eu , whereas the vast majority of websites having been blocked are facilitated through servers located in countries which have signed the united nations convention on the rights of the child or the optional protocol to the convention on the rights of the child on sale of children , child prostitution and child pornography . mechanisms should be put in place to strengthen international cooperation between states , judicial and police authorities , and reporting points for child pornography in order to ensure the safe and fast removal of websites containing child pornography . any such developments must take account of the rights of the end users , adhere to existing legal and judicial procedures and comply with the european convention on human rights and the charter of fundamental rights of the european union . the safer internet programme has set up a network of hotlines whose goal is to collect information and to ensure coverage and exchange of reports on the major types of illegal content online .


### abuse is made of a particularly vulnerable situation of the child , notably because of a mental or physical disability or a situation of dependence shall be punishable by a maximum term of imprisonment of at least eight years ; or ### abuse is made of a particularly vulnerable situation of the child , notably because of a mental or physical disability , poverty and social exclusion or a situation of dependence shall be punishable by a maximum term of imprisonment of at least eight years and a ban on engaging in occupations involving any form of contact with children ;


### knowingly attending pornographic performances involving the participation of children shall be punishable by a maximum term of imprisonment of at least two years . ### knowingly attending pornographic performances involving the participation of children shall be punishable by a maximum term of imprisonment of at least two years and a ban on engaging in occupations involving any form of contact with children .


### knowingly attending pornographic performances involving the participation of children shall be punishable by a maximum term of imprisonment of at least two years . ### attending pornographic performances involving the participation of children is child abuse and therefore punishable by a term of imprisonment as laid down by the member state .


### offences concerning child pornography ### offences concerning child abuse material


### distribution , dissemination or transmission of child pornography shall be punishable by a maximum term of imprisonment of at least two years . ### distribution , dissemination or transmission of child pornography shall be punishable by a term of imprisonment as laid down by the member state .


### the offence was committed against a child in a particularly vulnerable situation , notably because of a mental or physical disability or a situation of dependence ; ### the offence was committed against a child in a particularly vulnerable situation , notably because of a mental or physical disability or poverty and social exclusion or a situation of dependence ;


### member states shall take the necessary measures to ensure that effective investigative tools are available to persons , units or services responsible for investigating or prosecuting offences referred to in articles 3 to 7 , allowing the possibility of covert operations at least in those cases where the use of information and communication technology is involved . ### member states shall take the necessary measures to ensure that effective investigative tools are available to persons , units or services responsible for investigating or prosecuting offences referred to in articles 3 to 7 , allowing the possibility of covert operations at least in those cases where the use of information and communication technology is involved . those measures shall be subject to prior authorisation by the relevant judicial authority in the member state concerned and shall be carried out under the supervision of that authority .


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


### member states shall take the necessary measures to encourage any person who knows about or suspects , in good faith , offences referred to in articles 3 to 7 to report these facts to the competent services . ### member states shall adopt the necessary measures to encourage any person who knows about the offences referred to in articles 3 to 7 or who suspects in good faith that they may have been committed to report these facts to the competent services . any person reporting such offences will be covered by data protection and anonymity .


### interviews with the child victim take place , where necessary , in premises designed or adapted for this purpose ; ### interviews with the child victim take place in premises designed or adapted for this purpose , and where the child feels safe ;


### the child victim may be accompanied by his or her legal representative or , where appropriate , an adult of his or her choice , unless a reasoned decision has been made to the contrary in respect of that person . ### the child victim is accompanied by his or her appointed guardian , legal representative or , where appropriate , an adult of his or her choice , unless a reasoned decision has been made to the contrary in respect of that person .


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


### such intervention programmes or measures shall be adapted to meet the specific developmental needs for children who sexually offend , including those who are below the age of criminal responsibility . ### such intervention programmes or measures shall be adapted to meet the specific developmental needs for children who sexually offend against other children , including those who are below the age of criminal responsibility . member states shall ensure that such children are offered a suitable response , which includes an assessment of their individual needs and appropriate treatment to address their offending behaviour .


### flexible working - time arrangements are an essential element of a modern and efficient public administration allowing for family - friendly working conditions and enabling a suitable gender balance within the institutions . it is therefore necessary to introduce an explicit reference to these arrangements in the staff regulations . ### flexible working - time arrangements are an essential element of a modern and efficient public administration allowing for family - friendly working conditions and enabling a suitable gender balance within the institutions . it is therefore necessary to introduce in the staff regulations an explicit reference to these arrangements , which should be flexible with regard to core office working times . if the appointing authority of each institution introduces specific arrangements to allow an official returning from maternity leave to breastfeed her baby , then the dispensation from working time should be deducted from the applicable flexible working time arrangements .


### in order to ensure uniform conditions for implementation of this regulation , implementing powers should be conferred on the commission in respect of : the adoption within six months of the entry into force of this regulation of a work programme relating to the development and deployment of the electronic systems ; decisions allowing one or several member states to use means of exchange and storage of data other than electronic data - processing techniques ; decisions authorising member states to test simplifications in the application of the customs legislation using electronic data - processing techniques ; decisions requesting member states to take , suspend , annul , amend or revoke a decision ; common risk criteria and standards , control measures and priority control areas ; the management of the tariff quota and tariff ceilings and the management of the surveillance of the release for free circulation or export of goods ; the determination of the tariff classification of goods ; the temporary derogation from the rules on preferential origin of goods benefiting from preferential measures adopted unilaterally by the union ; the determination of the origin of goods ; the temporary prohibitions relating to the use of comprehensive guarantees ; the mutual assistance between the customs authorities in case of incurrence of a customs debt ; decisions on repayment or remission of an amount of import or export duty ; the official opening hours of customs offices ; the determination of the tariff subheading of the goods which are subject to the highest rate of import or export duty where a consignment is made of goods falling under different tariff subheadings ; those powers should be exercised in accordance with regulation no 182 / 2011 of the european parliament and of the council of 16 february 2011 laying down the rules and general principles concerning mechanisms for control by member states of the commission ' s exercise of implementing powers . ### in order to ensure uniform conditions for implementation of this regulation , implementing powers should be conferred on the commission in respect of : the adoption within six months of the entry into force of this regulation of a work programme relating to the development and deployment of the electronic systems ; decisions allowing one or several member states to use means of exchange and storage of data other than electronic data - processing techniques ; decisions authorising member states to test simplifications in the application of the customs legislation using electronic data - processing techniques ; decisions requesting member states to take , suspend , annul , amend or revoke a decision ; common risk criteria and standards , control measures and priority control areas ; the management of the tariff quota and tariff ceilings and the management of the surveillance of the release for free circulation or export of goods ; the determination of the tariff classification of goods and the creation of unified customs duty collection systems in all member states ; the temporary derogation from the rules on preferential origin of goods benefiting from preferential measures adopted unilaterally by the union ; the determination of the origin and traceability of goods from third countries ; the temporary prohibitions relating to the use of comprehensive guarantees ; the mutual assistance between the customs authorities in case of incurrence of a customs debt ; decisions on repayment or remission of an amount of import or export duty ; the official opening hours of customs offices ; the determination of the tariff subheading of the goods which are subject to the highest rate of import or export duty where a consignment is made of goods falling under different tariff subheadings ; those powers should be exercised in accordance with regulation no 182 / 2011 of the european parliament and of the council of 16 february 2011 laying down the rules and general principles concerning mechanisms for control by member states of the commission ' s exercise of implementing powers .


### in the interests of facilitating business , all persons should continue to have the right to appoint a representative in their dealings with the customs authorities . however , it should no longer be possible for that right of representation to be reserved under a law laid down by one of the member states . furthermore , a customs representative who complies with the criteria for the granting of the status of authorised economic operator , should be entitled to provide his services in a member state other than the one where he is established . ### in the interests of facilitating the clearance of trade transactions , all persons should continue to have the right to appoint a representative in their dealings with the customs authorities . however , it should no longer be possible for that right of representation to be reserved under a law laid down by one of the member states . harmonised union rules should therefore be laid down for customs representatives operating in the single market . furthermore , a customs representative who complies with the criteria for the granting of the status of authorised economic operator , should be entitled to provide his services in a member state other than the one where he is established if he satisfies harmonised union - wide criteria and hence can use unified customs duty collection systems .


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


### ‘ declaration for temporary storage’ means the act whereby a person indicates , in the prescribed form and manner , that goods are placed or intended to be placed under that procedure ; ### ‘ declaration for temporary storage’ means the act whereby a person indicates , in the prescribed form and manner , that goods are or are intended to be in temporary storage ;


### member states may establish , in accordance with union law , the conditions under which a customs representative may provide services in the member state where he is established . however , without prejudice to the application of less stringent criteria by the member state concerned , a customs representative who complies with the criteria laid down in article 22 , to shall be entitled to provide such services in a member state other than the one where he is established . ### member states may establish , in accordance with union law , the conditions under which a customs representative may provide services in the member state where he is established . a customs representative must be established on the territory of the european union . in order to provide customs services in a member state other than the one where he is established , customs representative must have an authorization , granted by the competent national customs authority on the basis of common criteria applicable throughout the territory of the european union and valid in all member states .


### the commission may adopt measures to determine the origin of goods . ### the commission may adopt measures to determine the origin and traceability of goods .


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


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


### the person presenting the goods shall make a reference to the entry summary declaration or customs declaration which has been lodged in respect of the goods , except where the lodging of such declaration is not required . ### the person presenting the goods shall make a reference to the entry summary declaration or customs declaration or declaration for temporary storage which has been lodged in respect of the goods , except where the lodging of an entry summary declaration is not required .


### where non - union goods presented to customs are not covered by an entry summary declaration , and except where the lodging of such declaration is not required , the holder of the goods shall lodge such a declaration or a customs declaration replacing it immediately . ### where non - union goods presented to customs are not covered by an entry summary declaration , and except where the lodging of such declaration is not required , one of the persons referred to in article 114 shall immediately lodge an entry summary declaration or a customs declaration or a declaration for temporary storage replacing the entry summary declaration .


### formalities after presentation ### temporary storage of goods


### obligation to place non - union goods under a customs procedure ### obligation to place goods in temporary storage under a customs procedure


### without prejudice to articles 167 , 168 and 169 non - union&#160 ; goods presented to customs shall be placed under a customs procedure . ### non - union&#160 ; goods in temporary storage shall be placed under a customs procedure or re - exported within a specific time - limit .


### except as otherwise provided , the declarant shall be free to choose the customs procedure under which he wishes to place the goods , under the conditions for that procedure , irrespective of their nature or quantity , or their country of origin , consignment or destination . ### except where otherwise provided , the declarant shall be free to choose the customs procedure under which he wishes to place the goods , under the conditions for that procedure , irrespective of their nature or quantity , or their country of origin , consignment or destination .


### all goods intended to be placed under a customs procedure , except for the free zone and the temporary storage procedures , shall be covered by a customs declaration appropriate for the particular procedure . ### all goods intended to be placed under a customs procedure , except for the free zone procedure , shall be covered by a customs declaration appropriate for the particular procedure .


### the customs authorities may authorise a person to lodge , at the customs office responsible for the place where he is established a customs declaration for goods which are presented to customs at another customs office . in such cases , the customs debt shall be deemed to be incurred at the customs office at which the customs declaration is lodged . ### the customs authorities may authorise an authorized economic operator authorised under points and of article 21 to lodge , at the customs office responsible for the place where he is established a customs declaration for goods which are presented to customs at another customs office . in such cases , the customs debt shall be deemed to be incurred at the customs office at which the customs declaration is lodged .


### storage , which shall comprise temporary storage , customs warehousing and free zones ; ### storage , which shall comprise customs warehousing and free zones ;


### the operation of storage facilities for the temporary storage or customs warehousing of goods , except where the storage facility operator is the customs authority itself . ### the operation of storage facilities for the customs warehousing of goods , except where the storage facility operator is the customs authority itself .


### the customs authorities may , where an economic need exists and customs supervision will not be adversely affected , authorise the storage of union goods in a storage facility for temporary storage or customs warehousing . those goods shall not be regarded as being under the temporary storage or customs warehousing procedure . ### the customs authorities may , where an economic need exists and customs supervision will not be adversely affected , authorise the storage of union goods in a storage facility for customs warehousing . those goods shall not be regarded as being under the customs warehousing procedure .


### ensuring that goods under the temporary storage or customs warehousing procedures are not removed from customs supervision ; ### ensuring that goods under customs warehousing procedures are not removed from customs supervision ;


### fulfilling the obligations arising from the storage of goods covered by the temporary storage or customs warehousing procedures ; ### fulfilling the obligations arising from the storage of goods covered by the customs warehousing procedures ;


### complying with the particular conditions specified in the authorisation for the operation of a customs warehouse or temporary storage facilities . ### complying with the particular conditions specified in the authorisation for the operation of a customs warehouse facilities .


### the holder of the procedure shall be responsible for fulfilling the obligations arising from the placing of the goods under the temporary storage or customs warehousing procedures . ### the holder of the procedure shall be responsible for fulfilling the obligations arising from the placing of the goods under the customs warehousing procedures .


### waste and scrap resulting from destruction of goods placed under the end - use procedure shall be deemed to be placed under the temporary storage procedure . ### waste and scrap resulting from destruction of goods placed under the end - use procedure shall be deemed to be in temporary storage .


### the commission shall be empowered to adopt delegated acts in accordance with article 243 , specifying the cases where the export formalities apply in accordance with article 233 . ### the commission shall be empowered to adopt delegated acts in accordance with article 243 , specifying : the rules governing the export procedure ; the cases where the export formalities apply in accordance with article 233 ; the rules for granting of the authorisation referred to in article 233 .


### goods under the temporary storage procedure which are directly re - exported from a temporary storage facility ### goods in temporary storage which are directly re - exported from a temporary storage facility .


### the delegation of power referred to in articles 2 , 7 , 10 , 16 , 20 , 23 , 25 , 31 , 33 , 43 , 55 , 57 , 64 , 76 , 87 , 94 , 102 , 109 , 113 , 118 , 129 , 133 , 136 , 139 , 142 , 145 , 151 , 155 , 157 , 166 , 171 , 173 , 177 , 179 , 182 , 184 , 186 , 190 , 192 , 195 , 198 , 202 , 217 , 219 , 230 , 232 , 234 , 238 , 241 shall be conferred on the commission for an indeterminate period of time from the date of entry into force of this regulation . ### the delegation of power referred to in articles 2 , 7 , 10 , 16 , 20 , 23 , 25 , 31 , 33 , 43 , 55 , 57 , 64 , 76 , 87 , 94 , 102 , 109 , 113 , 118 , 129 , 133 , 136 , 139 , 142 , 145 , 151 , 155 , 157 , 166 , 171 , 173 , 177 , 179 , 182 , 184 , 186 , 190 , 192 , 195 , 198 , 202 , 217 , 219 , 230 , 232 , 234 , 238 , 241 shall be conferred on the commission for a period of 5 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 5 year period . 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 .


### as soon as it adopts a delegated act , the commission shall notify it simultaneously to the european parliament and to the council . ### as soon as it adopts a delegated act , the commission shall notify it simultaneously to the european parliament and to the council . because some or all provisions of a draft delegated act could fundamentally change the way in which the basic rules set out in this regulation were applied prior to its entry into force , the commission shall ensure that proper pre - adoption consultation with the council , the european parliament and the business community takes place in good time and that their views are taken into account before a delegated act is adopted so as to avoid potentially negative effects on the union ' s competitiveness .


### the commission should be empowered to adopt measures in case of the suspected or confirmed presence of specific union quarantine pests , concerning in particular their eradication and containment , and the establishment of restricted areas , surveys , contingency plans , simulation exercises and eradication plans as regards those pests . ### the commission should be empowered to adopt measures in case of the suspected or confirmed presence of specific union quarantine pests , concerning in particular their eradication and containment , and the establishment of restricted areas , surveys , contingency plans , simulation exercises and eradication plans as regards those pests . the commission shall consult the member states on the measures to be adopted .


### the international trade of plants for planting with which there is limited phytosanitary experience can involve serious risks of the establishment of quarantine pests for which no measures have been adopted pursuant to this regulation . in order to ensure swift and effective action against newly identified risks associated with plants for planting which are not subject to permanent requirements or prohibitions , but may qualify for such permanent measures , the commission should have the possibility to adopt temporary measures in accordance with the precautionary principle . ### the international trade of plants for planting with which there is limited phytosanitary experience can involve serious risks of the establishment of quarantine pests for which no measures have been adopted pursuant to this regulation . in order to ensure swift and effective action against newly identified risks associated with plants for planting which are not subject to permanent requirements or prohibitions , but may qualify for such permanent measures , the commission should have the possibility to adopt temporary measures .


### plant passports should generally be issued by the professional operator . where professional operators do not have the resources to issue plant passports , the possibility should exist that , upon their request , plant passports are issued by the competent authorities . ### plant passports should generally be issued by the professional operator . where professional operators do not have the resources to issue plant passports , the possibility should exist that , upon their request , plant passports are issued by the competent authorities of the member states .


### certain operators may desire to establish a phytosanitary risk management plan , ensuring and demonstrating a high level of competence and awareness as regards phytosanitary risks as regards critical points in their professional activities and justifying special control arrangements with the competent authorities . union rules should be established concerning the contents of those plans . ### certain operators may desire to establish a phytosanitary risk management plan , ensuring and demonstrating a high level of competence and awareness as regards phytosanitary risks as regards critical points in their professional activities and justifying special control arrangements with the competent authorities .


### council directive 69 / 464 / eec of 8 december 1969 on control of potato wart disease19 , council directive 93 / 85 / eec of 4 october 1993 on control of potato ring rot20 , council directive 98 / 57 / ec of 20 july 1998 on control of ralstonia solanacearum yabuuchi et al . 21 and council directive 2007 / 33 / ec of 11 june 2007 on the control of potato cyst nematodes and repealing directive 69 / 465 / ec22 should be repealed , as new measures on the pests concerned should be adopted in accordance with the provisions of this regulation . in view of the time and resources required to adopt those new measures , those acts should be repealed by 2021 . ___________________ 19 oj no l 323 , 24 . 12 . 1969 , p . 1 20 oj no l 259 , 18 . 10 . 1993 , p . 1 . 21 oj no l 235 , 21 . 8 . 1998 , p . 1 . 22 oj no l 156 , 16 . 6 . 2007 , p . 12 . ### council directive 69 / 464 / eec of 8 december 1969 on control of potato wart disease19 , council directive 93 / 85 / eec of 4 october 1993 on control of potato ring rot20 , council directive 98 / 57 / ec of 20 july 1998 on control of ralstonia solanacearum yabuuchi et al . 21 and council directive 2007 / 33 / ec of 11 june 2007 on the control of potato cyst nematodes and repealing directive 69 / 465 / ec22 should be repealed , as new measures on the pests concerned should be adopted in accordance with the provisions of this regulation . in view of the time and resources required to adopt those new measures , those acts should be repealed by 1 january 2021 . __________________ 19 oj no l 323 , 24 . 12 . 1969 , p . 1 20 oj no l 259 , 18 . 10 . 1993 , p . 1 . 21 oj no l 235 , 21 . 8 . 1998 , p . 1 . 22 oj no l 156 , 16 . 6 . 2007 , p . 12 .


### the commission shall make that assessment available to the member states . ### the commission shall make that assessment available to the member states without delay .


### the commission shall be empowered to adopt delegated acts in accordance with article 98 amending section 1 of annex ii on criteria to identify pests which qualify as a quarantine pest , as regards the identity of the pest , its presence , its capability of entry , establishment and spread , and its potential economic , social and environmental impact , taking into account the developments of technical and scientific knowledge . ### the commission shall be empowered to adopt delegated acts in accordance with article 98 amending section 1 of annex ii on criteria to identify pests which qualify as a quarantine pest , as regards the identity of the pest , its presence , its capability of entry , establishment and spread , noting particularly whether it poses a risk to the whole union or just to certain climatic regions and its potential economic , social and environmental impact , taking into account the developments of technical and scientific knowledge .


### the commission shall be empowered to adopt delegated acts in accordance with article 98 amending section 1 of annex ii on criteria to identify pests which qualify as a quarantine pest , as regards the identity of the pest , its presence , its capability of entry , establishment and spread , and its potential economic , social and environmental impact , taking into account the developments of technical and scientific knowledge . ### the commission shall be empowered to adopt delegated acts in accordance with article 98 amending section 1 of annex ii on criteria to identify pests which qualify as a quarantine pest , as regards the identity of the pest , its presence , its capability of entry , establishment and spread , and its potential economic , social and environmental impact , taking into account the developments of technical and scientific knowledge and international standards .


### where anyone becomes aware of the presence of a union quarantine pest or has reason to suspect such a presence , that person shall notify , in writing , the competent authority within ten calendar days . ### where anyone becomes aware of the presence of a union quarantine pest or has reason to suspect such a presence , that person shall notify the competent authority immediately and shall confirm notification , in writing , to the competent authority within ten calendar days .


### article 20 amendment to annex iv the commission shall be empowered to adopt delegated acts in accordance with article 98 , amending section 1 of annex iv on measures to manage the risks of quarantine pests , as regards the measures targeting prevention and elimination of infestation of cultivated and wild plants , measures targeting consignments of plants , plant products and other objects , measures targeting other pathways for quarantine pests , and amending section 2 of that annex on principles for the management of the risks of pests , as regards principles for the management of the risks of pests , taking into account the developments of technical and scientific knowledge . ### article 20 amendment to annex iv the commission shall be empowered to adopt delegated acts in accordance with article 98 , amending section 1 of annex iv on measures to manage the risks of quarantine pests , as regards the measures targeting prevention and elimination of infestation of cultivated and wild plants , measures targeting consignments of plants , plant products and other objects , measures targeting other pathways for quarantine pests , and amending section 2 of that annex on principles for the management of the risks of pests , as regards principles for the management of the risks of pests , taking into account the developments of technical and scientific knowledge and international standards .


### it has appeared that for the determination of the scope of this regulation it is important to take into account bio - geographical factors to avoid that pests not present in the european territory of the union spread to that territory . consequently , non - european territories of member states referred to in article 355 tfeu should be excluded from the territorial scope of this regulation . those territories should be listed . where the status of such a territory or a territory referred to in article 355 tfeu is amended pursuant to article 355 tfeu , that list should be amended to ensure that the territorial scope of this regulation remains confined to the european part of the union territory . references to third countries should be read as references also to the territories included in that list . ### deleted


### for the purposes of this regulation references to third countries shall be read as references to third countries and to the territories listed in annex i . for the purposes of this regulation , references to the union territory shall be read as references to the union territory without the territories listed in annex i . the commission shall be empowered to adopt delegated acts , in accordance with article 98 , amending annex i to ensure that the scope of this regulation is confined to the european part of the union territory . that amendment shall be either of the following : an addition to annex i of one or more territories that are referred to in article 355 of the treaty ; a removal from annex i of one or more territories that are referred to in article 355 of the treaty . ### deleted


### the commission shall , by means of implementing acts , list the plants , plant products and other objects referred to in paragraph 1 and the third countries concerned , and set out the maximum quantity , as appropriate , of the plants , plant products and other objects concerned that shall be subject to the exemption of that paragraph and , where appropriate , one or more of the risk management measures set out in section 1 of annex iv . that listing and the setting out of the maximum quantity concerned and , where appropriate , the risk management measures shall be decided on the basis of the phytosanitary risk posed by small quantities of those plants , plant products and other objects , in accordance with the criteria set out in section 2 of annex iv . that implementing act shall be adopted in accordance with the examination procedure referred to in article 99 of this regulation . ### deleted


### the commission shall be empowered to adopt delegated acts , in accordance with article 98 , setting out the maximum figure for small quantities of particular plants , plant products or other objects . ### deleted


### the commission shall be empowered to adopt delegated acts , in accordance with article 98 , setting out qualification requirements to be fulfilled by the professional operators in order for them to comply with the conditions of paragraph 1 . ### deleted


### the commission shall be empowered to adopt delegated acts , in accordance with article 98 , amending the elements referred to in paragraph 2 . ### deleted


### annex i territories for which , for the purpose of this regulation , references to third countries shall be read as references to third countries and to those territories , and for which references to the union territory shall be read as references to the union territory without those territories , as referred to in article 1 the territories of : guadeloupe 2 . french guiana 3 . martinique 4 . réunion 5 . saint - martin 6 . mayotte 7 . ceuta 8 . melilla 9 . the canary islands ### deleted


### the commission shall be empowered to adopt delegated acts , in accordance with article 98 , setting out detailed measures concerning visual examination , sampling and testing , and the frequency and timing of the examinations , referred to in paragraphs 1 , 2 and 3 , with regard to specific plants , plant products and other objects , on the basis of the particular phytosanitary risks they may present . those examinations shall , where appropriate , concern certain plants for planting belonging to the categories referred to in article 12 of regulation no … / … , and , where appropriate , shall be carried out for any of the elements , as appropriate , set out in part d of annex ii to that regulation . where the commission adopts such a delegated act for specific plants for planting , and those plants for planting are subject to certification schemes pursuant to article 20 of regulation no … / … . [ office of publications , please insert number of regulation on the production and making available on the market of plant reproductive material ] , the respective examinations shall be combined in a single certification scheme . when adopting those delegated acts , the commission shall take into account the technical and scientific knowledge and developments . ### deleted


### article 30 amendment to section 3 of annex ii the commission shall be empowered to adopt delegated acts in accordance with article 98 amending section 3 of annex ii on criteria to be fulfilled by pests , as provided for in articles 28 and 29 , as regards the criteria concerning the identity of the pest , its presence , the probability of its entry , establishment and spread , its potential economic , social and environmental impact , taking into account the developments of technical and scientific knowledge . ### article 30 amendment to section 3 of annex ii the commission shall be empowered to adopt delegated acts in accordance with article 98 amending section 3 of annex ii on criteria to be fulfilled by pests , as provided for in articles 28 and 29 , as regards the criteria concerning the identity of the pest , its presence , the probability of its entry , establishment and spread , its potential economic , social and environmental impact , taking into account the developments of technical and scientific knowledge and international standards .


### article 38 amendment to section 4 of annex ii the commission shall be empowered to adopt delegated acts in accordance with article 98 amending section 4 of annex ii on criteria to identify pests which qualify as a union quality pest , as regards the criteria concerning the identity of the pest , its relevance , the probability of its spread , its potential economic , social and environmental impact , taking account of the developments of technical and scientific knowledge . ### article 38 amendment to section 4 of annex ii the commission shall be empowered to adopt delegated acts in accordance with article 98 amending section 4 of annex ii on criteria to identify pests which qualify as a union quality pest , as regards the criteria concerning the identity of the pest , its relevance , the probability of its spread , its potential economic , social and environmental impact , taking account of the developments of technical and scientific knowledge and international standards .


### member states and international transport operators shall make information available to passengers concerning the prohibitions , set out pursuant to article 40 , the requirements , set out pursuant to articles 41 and 42 , and the exemptions , set out pursuant to article 70 , as regards the introduction of plants , plant products and other objects into the union territory . ### the commission , member states and international transport operators shall make information available to passengers concerning the prohibitions , set out pursuant to article 40 , the requirements , set out pursuant to articles 41 and 42 , and the exemptions , set out pursuant to article 70 , as regards the introduction of plants , plant products and other objects into the union territory .


### member states shall annually submit to the commission a report summarising the information provided pursuant to this article . ### member states shall biennially submit to the commission a report summarising the information provided pursuant to this article .


### member states shall annually submit to the commission a report summarising the relevant information on the authorisations granted pursuant to paragraph 1 and the results of the monitoring referred to in paragraph 5 . ### member states shall biennially submit to the commission a report summarising the relevant information on the authorisations granted pursuant to paragraph 1 and the results of the monitoring referred to in paragraph 5 .


### article 48 amendment to annex iii the commission shall be empowered to adopt delegated acts , in accordance with article 98 , amending annex iii on elements to identify plants for planting which pose phytosanitary risks for the union territory , as regards the characteristics and origin of those plants for planting , to adapt to the developments of technical and scientific knowledge . ### article 48 amendment to annex iii the commission shall be empowered to adopt delegated acts , in accordance with article 98 , amending annex iii on elements to identify plants for planting which pose phytosanitary risks for the union territory , as regards the characteristics and origin of those plants for planting , to adapt to the developments of technical and scientific knowledge and international standards .


### the competent authority shall organise audits or inspections of the quarantine stations , at least one per year , to verify whether those stations meet the conditions referred to in article 56 and article 57 . ### the competent authority shall organise audits or inspections of the quarantine stations , at least once every two years , to verify whether those stations meet the conditions referred to in article 56 and article 57 .


### the competent authorities shall register a professional operator where the application for registration contains the elements of paragraph 2 . ### the competent authorities shall register a professional operator without delay where the application for registration contains the elements of paragraph 2 .


### no plant passport shall be required for the movement of small , as appropriate to the plants , plant products and other objects concerned , quantities of plants , plant products or other objects to a final user . ### no plant passport shall be required for the movement of small , as appropriate to the plants , plant products and other objects concerned , quantities of plants , plant products or other objects to a final user , including home gardeners .


### the pre - export certificate shall be issued , on request of the professional operator , by the member state in which the plants , plant products or other objects were grown , produced or processed , while those plants , plant products or other objects are on the premises of the professional operator concerned . ### the pre - export certificate shall be issued , on request of the professional operator , by the member state , or authorised professional operator as defined in article 84 , in which the plants , plant products or other objects were grown , produced or processed , while those plants , plant products or other objects are on the premises of the professional operator concerned .


### each member state shall ensure that safety investigations are conducted or supervised , without external interference , by a permanent civil aviation safety investigation authority . ### each member state shall ensure that safety investigations are conducted or supervised , without external interference , by a permanent civil aviation safety investigation authority capable of independently carrying out a full safety investigation .


### the network shall discharge its mandate in a transparent and independent manner . its members shall neither seek nor accept instructions from any public or private entity , which could affect the independent status of safety investigations . ### the network shall discharge its mandate in a transparent and independent manner . its members shall neither seek , accept nor have forced upon them instructions from any public or private entity , which could affect the independent status of safety investigations .


### the investigator - in - charge shall extend to its experts and advisers as well as to the accredited representatives , their experts and advisers the entitlements listed in paragraph 2 , to the extent necessary to enable them effective participation in the safety investigation . this is without prejudice to the rights of the investigators and experts designated by the authority in charge of the judicial inquiry . ### the investigator - in - charge shall extend to its experts and advisers as well as to the accredited representatives , their experts and advisers the entitlements listed in paragraph 2 , to the extent necessary to enable them effective participation in the safety investigation , even where article 13 is applicable .


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


### the eu declaration of conformity shall have the model structure set out in annex iii of decision no 768 / 2008 / ec , shall contain the elements specified in the relevant conformity assessment procedures set out in annexes iii to ix of this directive and shall be continuously updated . it shall be translated into the language or languages required by the member state in which market the product is made available . ### the eu declaration of conformity shall have the model structure set out in annex iii of decision no 768 / 2008 / ec , shall contain the elements specified in the relevant conformity assessment procedures set out in annexes iii to ix of this directive and shall be continuously updated . it may be translated , upon request , into the language or languages required by the member state in which market the product is made available .


### the labelling provisions also need to be adapted to new scientific evidence . for example the indication of the yields for tar , nicotine and carbon monoxide on cigarette packets have proven to be misleading as it makes consumers believe that certain cigarettes are less harmful than others . evidence also suggests that large combined health warnings are more effective than text - only warnings . in this light combined health warnings should become mandatory throughout the union and cover significant and visible parts of the packet surface . a minimum size should be set for all health warnings to ensure their visibility and effectiveness . ### the labelling provisions need to be adapted so that they do not mislead consumers . the indication of the yields for tar , nicotine and carbon monoxide on cigarette packets may be misread by consumers as it often makes consumers believe that certain cigarettes are less harmful than others . evidence also suggests that large combined health warnings are more effective than text - only warnings . in this light combined health warnings should become mandatory throughout the union and cover significant and visible parts of the packet surface . a minimum size should be set for all health warnings to ensure their visibility and effectiveness .


### member states shall bring into force the laws , regulations and administrative provisions necessary to comply with this directive by [ publications office , please insert the exact date : entry into force + 18 months ] at the latest . they shall forthwith communicate to the commission the text of those provisions . ### member states shall bring into force the laws , regulations and administrative provisions necessary to comply with this directive by [ publications office , please insert the exact date : entry into force + 24 months ] at the latest . they shall forthwith communicate to the commission the text of those provisions .


### any switch to or from an alternative roaming provider shall be free of charge and shall not entail conditions or restrictions pertaining to elements of the subscription other than roaming , and shall be carried out within five working days , save that where a roaming customer who has subscribed to a domestic package which includes roaming prices other than the eurotariff , euro - sms tariff or euro - data tariff , the home provider may delay the switch from the old to the new subscription concerning roaming services for a specified period not exceeding three months . ### any switch to or from an alternative roaming provider , or between alternative roaming providers , shall be free of charge and shall not entail conditions or restrictions pertaining to elements of the subscription other than roaming , and shall be carried out within the shortest possible time , to be defined in the berec guidelines , save that where a roaming customer who has subscribed to a domestic package which includes roaming prices other than the eurotariff , euro - sms tariff or euro - data tariff , the home provider may delay the switch from the old to the new subscription concerning roaming services for a specified period not exceeding two months .


### at present , passengers are sometimes penalised for spelling errors in their names by the application of punitive administrative fees . reasonable corrections of booking errors should be provided free of charge provided they do not imply a change of times , date , itinerary or passenger . ### at present , passengers are sometimes penalised for spelling errors in their names by the application of punitive administrative fees . reasonable corrections of obvious booking errors should be provided once and free of charge provided they do not imply a change of times , date , itinerary or passenger .


### “connecting flight” means a flight which , under a single contract of carriage , is intended to enable the passenger to arrive at a transfer point in order to depart on another flight , or , where appropriate in the context , means that other flight departing from the transfer point . ### ' connecting flight ' means a feeder flight which , according to a same contract of carriage and a single booking reference , is intended to enable the passenger to arrive at a transfer point in order to depart on another flight , or , where appropriate in the context , means that other flight departing from the transfer point , unless this is a situation of a stopover .


### «airport managing body» means a body which , in conjunction with other activities or not as the case may be , has as its objective under national laws , regulations or contracts the administration and management of the airport or airport network infrastructures and the coordination and control of the activities of the different operators present in the airports or airport network concerned ; ### ‘ airport managing body’ means a body which , in conjunction with other activities or not as the case may be , has as its objective under national laws , regulations or contracts the administration and management of the airport or airport network infrastructures and the coordination and control of the activities of the different operators present in the airports or airport network concerned in accordance with its powers ;


### “flight price” means the value obtained by multiplying the ticket price by the ratio between the distance of the flight and the total distance of the journey covered by the ticket ; ### ' flight price ' means the value obtained by multiplying the ticket price by the ratio between the distance of the flight and the total distance of the journey covered by the ticket ; where a ticket price is not known , the value of any refund will be the supplement paid for a premium seat on the flight .


### “tarmac delay” means , at departure , the time the aircraft remains on the ground between the start of boarding of the passengers and the take - off time of the aircraft or , at arrival , the time between the touch - down of the aircraft and the start of disembarkation of the passengers ; ### ' tarmac delay ' means , at departure , the time the aircraft remains on the ground between the time the doors are closed and the take - off time of the aircraft or , at arrival , the time between the touch - down of the aircraft and the start of disembarkation of the passengers .