### if the commission decision dismisses the grounds presented for refusing or restricting the national authorisation the competent authority that proposed to refuse to recognise the authorisation , or to restrict the authorisation , shall without delay authorise the biocidal product concerned in accordance with the national authorisation issued by the reference competent authority . ### if the commission decision confirms the grounds presented for refusing or restricting the subsequent authorisation , the competent authority that had previously authorised the biocidal product shall without delay review its national authorisation to comply with that decision . if the commission decision confirms the initial national authorisation , the competent authority that proposed to refuse to recognise a national authorisation , or to recognise the national authorisation subject to certain conditions , shall without delay authorise the biocidal product concerned in accordance with the initial authorisation .


### if the evaluating competent authority that carried out the initial evaluation of the application for community authorisation decides that a full evaluation of the application is not necessary , it shall , within twelve months after the validation , prepare and submit to the agency a recommendation on the renewal of the authorisation . ### if the evaluating competent authority that carried out the initial evaluation of the application for community authorisation decides that a full evaluation of the application is not necessary , it shall , within six months after the validation , prepare and submit to the agency a recommendation on the renewal of the authorisation .


### an unauthorised biocidal product or an active substance for exclusive use in a biocidal product shall not be placed on the market for the purpose of any experiment or test which may involve , or result in , release of the biocidal product into the environment unless the competent authority has assessed the data submitted by the person interested in the placing of such product on the market and issued a national authorisation for this purpose which limits the quantities to be used and the areas to be treated and which may impose further conditions . the competent authority shall without delay inform the commission and other competent authorities about the issued national authorisation . ### an unauthorised biocidal product or an active substance for exclusive use in a biocidal product shall not be placed on the market for the purpose of any experiment or test which may involve , or result in , release of the biocidal product into the environment unless the competent authority has assessed the data submitted by the person interested in the placing of such product on the market and issued a positive opinion for this purpose which may impose further conditions . in the absence of an opinion from the competent authority within 30 days of the notification of the information required in paragraph 1 , the biocidal product or active substance may be placed on the market for the purpose of the notified experiment or test .


### any hazard statement or precautionary statement set out in the authorisation for the biocidal product . ### only for treated articles and where relevant , any hazard statement or precautionary statement set out in the authorisation for the biocidal product .


### the list referred to in paragraph 2 shall be entered by the agency in the biocides data sharing register . ### every element of information in the list referred to in paragraph 2 , identified by a unique code , shall be entered by the agency in the biocides data sharing register , including all the identifying details and linked to the identity of the first applicant and data owner .


### where those tests or studies have already been submitted in connection with a previous application , the competent authority or the agency shall without delay communicate the name and contact details of the owner of the information to the prospective applicant . ### where those tests or studies have already been submitted in connection with a previous application , the competent authority or the agency shall without delay assess whether they are technically equivalent in the light of the reference source . if the assessment confirms the fact , the competent authority of the agency shall communicate the name and contact details of the owner of the information to the prospective applicant .


### in the case of a biocidal product which has already been authorised in accordance with articles 15 , 25 or 28 , and where all periods of protection of information according to article 49 have expired , the receiving competent authority or the agency may agree that a subsequent applicant for authorisation may refer to data provided by the first applicant in so far as the subsequent applicant can provide evidence that the biocidal product is similar to and its active substances are technically equivalent to the one formerly authorised , including degree of purity and nature of impurities . ### in the case of a biocidal product which has already been authorised in accordance with articles 15 , 25 or 28 , and where all periods of protection of information according to article 49 have expired , the receiving competent authority or the agency may agree that a subsequent applicant for authorisation may refer to data provided by the first applicant and , if the information protection periods under article 49 have not ended , the competent authority or the agency may agree that a subsequent applicant for authorisation may share the data provided by the first applicant in accordance with article 52 , in so far as the subsequent applicant can provide evidence that the biocidal product is similar to and its active substances are technically equivalent to the one formerly authorised , including degree of purity and nature of impurities .


### providing advice and assistance to applicants for the inclusion of an active substance in annex i or for a community authorisation ; ### providing advice and assistance to applicants , and in particular to smes , for the inclusion of an active substance in annex i or for a community authorisation ;


### a reduced fee shall be set for small and medium - sized enterprises within the meaning of recommendation 2003 / 361 / ec concerning the definition of micro , small and medium - sized enterprises ; ### a reduced fee shall be set for smes , this in no way alters the responsibility of the evaluating competent authority for carrying out an accurate evaluation within the meaning of the regulation ;


### 3 . the assessment of this endpoint shall comprise the following consecutive steps : an assessment of the available human , animal and alternative data , in vivo testing . step 2 does not need to be conducted if : – the available information indicates that the substance should be classified for skin sensitisation or corrosivity ; or – the substance is a strong acid ; or – the substance is flammable in air at room temperature . the murine local lymph node assay is the first - choice method for in vivo testing . only in exceptional circumstances should another test be used . justification for the use of another test shall be provided . ### 3 . the assessment of this endpoint shall comprise the following consecutive steps : an assessment of the available human , animal and alternative data , in vivo testing . step 2 does not need to be conducted if : – the available information indicates that the substance should be classified for skin sensitisation or corrosivity ; or – the substance is a strong acid ; or – the substance is flammable in air at room temperature . the reduced murine local lymph node assay is the first - choice method for in vivo testing as a screening test to distinguish between sensitisers and non - sensitisers . the full llna should be performed when it is known that an assessment of sensitisation potency is required . only in exceptional circumstances should another test be used . justification for the use of another test shall be provided .


### 4 . appropriate in vivo mutagenicity studies shall be considered in case of a positive result in any of the genotoxicity studies in tier 1 . ### 4 . appropriate in vivo mutagenicity studies shall be considered in case of a positive result in any of the genotoxicity studies in tier 1 . for new substances , it is advisable to assess the parameters of an in - vivo micronucleus test as part of a 28 - or 90 - day repeated dose toxicity study .


### 4 . 1 further mutagenicity studies shall be considered in case of a positive result . ### 4 . 1 further mutagenicity studies shall be considered in case of a positive result . such a study does not need to be conducted in the case of antimicrobial substances or formulations .


### 4 . 3 . the study does not usually need to be conducted if adequate data from a reliable in vivo mammalian gene mutation test are available . ### 4 . 3 . the study does not need to be conducted if adequate data from a reliable in vivo mammalian gene mutation test are available elsewhere .


### 4 . 4 . if there is a positive result in any of the in vitro genotoxicity studies in tier i and there are no results available from an in vivo study already , an appropriate in vivo somatic cell genotoxicity study shall be proposed by the applicant . ### 4 . 4 . if there is a positive result in any of the in vitro genotoxicity studies in tier i and there are no results available from an in vivo study already , an appropriate in vivo somatic cell genotoxicity study shall be proposed by the applicant . for new substances , it should be possible to assess the parameters of an in - vivo micronucleus test as part of a 28 - or 90 - day repeated dose toxicity study .


### 5 . the study / ies do not generally need to be conducted if : - the substance is classified as corrosive to the skin . in addition to the oral route , for substances other than gases , the information mentioned under 5 . 6 . 2 . to 6 . 5 . 3 . shall be provided for at least one other route . the choice for the second route will depend on the nature of the substance and the likely route of human exposure . if there is only one route of exposure , information for only route need be provided . ### 5 . the study / ies do not generally need to be conducted if : - the substance is classified as corrosive to the skin .


### 5 . 1 . the study need not be conducted if a study on acute toxicity by the inhalation route is available . ### 5 . 1 . the study need not be conducted if a study on acute toxicity by the inhalation route is available . the acute toxic class method is the first - choice method for in - vivo testing . only in exceptional circumstances should another test be used , in which case a justification shall be provided .


### 5 . 2 . testing by the inhalation route is appropriate if exposure of humans via inhalation is likely taking into account the vapour pressure of the substance and / or the possibility of exposure to aerosols , particles or droplets of an inhalable size . ### 5 . 2 . testing by the inhalation route is appropriate only if this constitutes the primary route of human exposure taking into account the vapour pressure of the substance and / or the possibility of exposure to aerosols , particles or droplets of an inhalable size . the acute toxic class method is the first - choice method for in - vivo testing . only in exceptional circumstances should the classic “lethal concentration” test be used . justification for the use of another test shall be provided .


### 7 . 2 . the study shall be initially performed on one species . a decision on the need to perform a study at this tonnage level or the next on a second species should be based on the outcome of the first test and all other relevant available data . ### 7 . 2 . the study shall be performed on one species only , ideally in combination with an enhanced one - generation reproductive toxicity study .


### 7 . 3 . two - generation reproductive toxicity study , one species , male and female , most appropriate route of administration , having regard to the likely route of human exposure , unless already provided as part of tier 1 requirements ### 7 . 3 . enhanced one - generation reproductive toxicity study , one species , male and female , most appropriate route of administration , having regard to the likely route of human exposure .


### 8 . 1 . dermal absorption study ### 8 . 1 . in - vitro dermal absorption study


### 9 . a carcinogenicity study may be proposed by the applicant or may be required if : - the substance has a widespread dispersive use or there is evidence of frequent or long - term human exposure ; and - the substance is classified as mutagen category 2 or there is evidence from the repeated dose study that the substance is able to induce hyperplasia and / or pre - neoplastic lesions . if the substance is classified as mutagen category 1a or 1b , the default presumption would be that a genotoxic mechanism for carcinogenicity is likely . in these cases , a carcinogenicity test will normally not be required . ### 9 . a carcinogenicity study may be proposed by the applicant or may be required if : - the substance has a widespread dispersive use or there is evidence of frequent or long - term human exposure ; and - the substance is classified as mutagen category 2 or there is evidence from the repeated dose study that the substance is able to induce hyperplasia and / or pre - neoplastic lesions . if the substance is classified as mutagen category 1a or 1b , the default presumption would be that a genotoxic mechanism for carcinogenicity is likely . in these cases , a carcinogenicity test will normally not be required . if long - term toxicity data are also required and not already available , carcinogenicity and long - term repeated dose studies should be carried out using the oecd tg 453 combination study protocol .


### 1 . long - term toxicity testing shall be proposed by the applicant if the assessment performed under tier i indicates the need to investigate further the effects on aquatic organisms . the choice of the appropriate test depends on the results of the assessment performed under tier i . ### 1 . requirements for aquatic toxicity testing on vertebrate animals may be waived if the use profile for a substance does not indicate significant potential for exposure to the aquatic environment . long - term toxicity testing shall be proposed by the applicant if the assessment performed under tier i indicates the need to investigate further the effects on aquatic organisms . the choice of the appropriate test depends on the results of the assessment performed under tier i .


### 1 . 3 . short - term toxicity testing on fish : the applicant may consider long - term toxicity testing instead of short - term . ### 1 . 3 . short - term toxicity testing on fish : threshold approach .


### 1 . 6 . long - term toxicity testing on fish , the information shall be provided for one of the sections 7 . 1 . 6 . 1 , 7 . 1 . 6 . 2 or 7 . 1 . 6 . 3 . ### 1 . 6 . long - term toxicity testing on fish , if indicated by substance use profile and / or physical - chemical properties the information shall be provided for one of the sections 7 . 1 . 6 . 1 , 7 . 1 . 6 . 2 or 7 . 1 . 6 . 3 .


### 1 . 2 . short - term toxicity - eight - day dietary study in at least one species ### 1 . 2 . short - term toxicity - eight - day dietary study in one species


### information on dermal absorption ### information on in - vitro dermal absorption


### the introduction of a commercial solution for a consolidated tape for equities should contribute to creating a more integrated european market and make it easier for market participants to gain access to a consolidated view of trade transparency information that is available . the envisaged solution is based on an authorisation of providers working along pre - defined and supervised parameters which are in competition with each other in order to achieve technically highly sophisticated and innovative solutions , serving the market to the greatest extent possible . ### the introduction of a comprehensive solution for a consolidated tape for equities should contribute to creating a more integrated european market and make it easier for market participants to gain access to a consolidated view of trade transparency information that is available . the envisaged solution is based on an authorisation of providers working along pre - defined and supervised parameters which are in competition with each other in order to achieve technically highly sophisticated and innovative solutions , serving the market to the greatest extent possible . by requiring all consolidated tape providers to consolidate all apa data it will be assured that competition will take place in the field of client services , not breadth of data covered .


### this regulation establishes measures aimed at safeguarding the security of gas supply so as to ensure the proper and continuous functioning of the internal market for gas by providing for a clear definition and attribution of responsibilities and for a coordination of the response at the level of the member states and the community regarding both preventive action and the reaction to concrete disruptions of supply . ### this regulation establishes measures aimed at safeguarding the security of gas supply by ensuring the proper and continuous functioning of the internal market for gas and establishing exceptional measures to be implemented when the market can no longer deliver required gas supplies by providing for a clear definition and attribution of responsibilities and for a coordination of the response at the level of the member states and the union regarding both preventive action and the reaction to concrete disruptions of supply or serious and reliable threat of them in the spirit of solidarity between the member states .


### the emergency plan shall : ### the national and union emergency plans shall , respectively :


### the commission may declare a community emergency at the request of one competent authority or when the community loses more than 10% of its daily gas import from third countries as calculated by entso - g . it shall declare a community emergency where more than one competent authority has declared emergency following the verification in accordance with article 9 . it may declare a community emergency for specifically affected geographical regions comprising more than one member state . ### the three main union crisis levels shall be as follows : union early warning level . the commission shall declare a union early warning at the request of at least one competent authority or when the prerequisites for actions indicated in at least one agreement under the early warning mechanism in article 3a are met . in a union early warning the commission and the high representative shall mitigate identified risks by means of the eu ' s external energy policy . union alert level . the commission shall declare a union alert at the request of at least one competent authority . in a union alert the commission shall request the actions to tackle a supply disruption or exceptionally high demand by enhanced union coordination of the market based measures listed in annex ii . the commission shall declare a union emergency where more than one competent authority has declared an emergency in accordance with article 9 or when the union loses more than 10% of its daily gas import from third countries as estimated by entso - g . it shall at the request of a competent authority , declare a union emergency for specifically affected geographical regions comprising more than one member state .


### the commission may declare a community emergency at the request of one competent authority or when the community loses more than 10% of its daily gas import from third countries as calculated by entso - g . it shall declare a community emergency where more than one competent authority has declared emergency following the verification in accordance with article 9 . it may declare a community emergency for specifically affected geographical regions comprising more than one member state . ### the commission , after consulting the gas coordination group , may declare a union emergency at the request of at least two competent authorities in the affected region or when the union loses more than 20% of its daily gas import from third countries as compared to planned import volumes as estimated by entso - g . after consulting the gas coordination group , it shall declare a union emergency where more than two competent authorities have declared emergency following the verification in accordance with article 9 . it may declare a union emergency for specifically affected geographical regions comprising more than one member state .


### without prejudice to the provisions on the suspension of aid in partnership and cooperation agreements and association agreements with partner countries and regions , where a partner country fails to observe the principles of democracy , the rule of law and respect for human rights and fundamental freedoms , the union shall invite the country concerned to hold consultations in view of finding a solution acceptable to both parties , except in cases of special urgency . where consultation with the country concerned does not lead to a solution acceptable to both parties , or if consultations are refused or in case of special urgency , the council may take appropriate measures in accordance with article 215 of the treaty on the functioning of the european union , which may include full or partial suspension of union support . ### without prejudice to the provisions on the suspension of aid in partnership and cooperation agreements and association agreements with partner countries and regions , where a partner country fails to observe the principles of democracy , the rule of law and respect for human rights and fundamental freedoms , the union shall invite the country concerned to hold consultations in view of finding a solution acceptable to both parties , except in cases of special urgency . where consultation with the country concerned does not lead to a solution acceptable to both parties , or if consultations are refused or in case of special urgency , the council may take appropriate measures in accordance with article 215 of the treaty on the functioning of the european union , which may include full or partial suspension of union support . in all such cases , it needs to be ensured that any suspension of support does not affect civil society organisations that operate in accordance with democratic principles and human rights standards .


### the 17th conference of the parties of the unfccc , meeting in durban in december 2011 , adopted decision - / cmp . 7 of the conference of the parties serving as the meeting of the parties to the kyoto protocol . that decision set out rules for accounting for the lulucf sector as of a second commitment period under the kyoto protocol . this decision should be in line with that decision to ensure an appropriate level of coherence between the union’s internal rules and methodologies agreed within the unfccc . this decision should also reflect the particularities of the union lulucf sector . ### the 17th conference of the parties of the unfccc , meeting in durban in december 2011 , adopted decision 2 / cmp . 7 of the conference of the parties serving as the meeting of the parties to the kyoto protocol and decision 16 / cmp . 1 . those decisions set out rules for accounting for the lulucf sector as of a second commitment period under the kyoto protocol . this decision should be in line with those decisions to ensure an appropriate level of coherence between the union’s internal rules and methodologies agreed within the unfccc to avoid any duplication of national reporting . this decision should also reflect the particularities of the union lulucf sector .


### reporting rules on greenhouse gas emissions and other information relevant to climate change , including information on the lulucf sector , fall within the scope of regulation no … / … [ commission proposal for a regulation of the european parliament and of the council on a mechanism for monitoring and reporting union greenhouse gas emissions and for reporting other information at national and union level relevant to climate change ] , and are not therefore within the scope of this decision . ### reporting rules on greenhouse gas emissions and other information relevant to climate change , including information on the lulucf sector , fall within the scope of regulation no … / … [ commission proposal for a regulation of the european parliament and of the council on a mechanism for monitoring and reporting union greenhouse gas emissions and for reporting other information at national and union level relevant to climate change ] , and should be borne in mind by member states when accounting , although they do not fall within the scope of this decision .


### the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission to update the definitions laid down in article 2 in the light of changes to definitions adopted by the bodies of the unfccc or the kyoto protocol or other multilateral agreement relevant to climate change concluded by the union , to amend annex i to add accounting periods and ensure consistency between those accounting periods and the relevant periods applicable to union emission reduction commitments in other sectors , to amend annex ii with updated reference levels in accordance with the proposed reference levels submitted by member states pursuant to article 6 subject to corrections made in accordance with this decision , to revise the information specified in annex iii in accordance with scientific progress and to revise the conditions relating to the accounting rules for natural disturbances laid down in article 9 in the light of scientific progress or to reflect revisions to acts adopted by the unfccc or kyoto protocol bodies . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level . the commission , when preparing and drawing - up delegated acts , should ensure a simultaneous , timely and appropriate transmission of relevant documents to the european parliament and council . ### the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission to update the definitions laid down in article 2 in the light of changes to definitions adopted by the bodies of the unfccc or the kyoto protocol or other relevant multilateral agreements arising in the area of climate change with which the union must comply , to revise the information specified in annex iii in accordance with scientific progress and to revise the conditions relating to the accounting rules for natural disturbances laid down in article 9 to reflect minor changes to acts adopted by the unfccc or kyoto protocol bodies . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level . the commission , when preparing and drawing - up delegated acts , should ensure a simultaneous , timely and appropriate transmission of relevant documents to the european parliament and council .


### ‘ forest’ is an area of land of at least 0 . 5 hectare , with tree crown cover or an equivalent stocking level of at least 10 per cent of the area , covered with trees with the potential to reach a minimum height of at least 5 metres at maturity at their place of growth , including groups of growing young natural trees , or a plantation that has yet to reach a tree crown cover or equivalent stocking level of at least 10 per cent of the area or tree height of at least 5 metres , including any area that normally forms part of the forest area but on which there are temporarily no trees as a result of human intervention , such as harvesting , or as a result of natural causes , but which area can be expected to revert to forest ; ### ‘ forest’ is land with tree crown cover of more than 10 percent and area of more than 0 . 5 hectare . the trees should be able to reach a minimum height of 5 metres at maturity in situ . a forest may consist either of closed forest formations where trees of various storeys and undergrowth cover a high proportion of the ground , or of open forest formations with a continuous vegetation cover in which tree crown cover exceeds 10 percent . young natural stands and all plantations established for forestry purposes which have yet to reach a crown density of 10 percent or tree height of 5 metres are included , as are areas normally forming part of the forest area which are temporarily unstocked as a result of human intervention or natural causes but which are expected to revert to forest . ‘ forest’ includes : forest nurseries and seed orchards that constitute an integral part of the forest ; forest roads , cleared tracts , firebreaks and other small open areas within the forest ; forest in national parks , nature reserves and other protected areas such as those of special environmental , scientific , historical , cultural or spiritual interest ; windbreaks and shelterbelts of trees with an area of more than 0 . 5 hectare and a width of more than 20 metres , rubberwood plantations and cork oak stands . ‘ forest’ excludes land predominantly used for agricultural practices ;


### ‘ forest’ is an area of land of at least 0 , 5 hectare , with tree crown cover or an equivalent stocking level of at least 10 per cent of the area , covered with trees with the potential to reach a minimum height of at least 5 metres at maturity at their place of growth , including groups of growing young natural trees , or a plantation that has yet to reach a tree crown cover or equivalent stocking level of at least 10 per cent of the area or tree height of at least 5 metres , including any area that normally forms part of the forest area but on which there are temporarily no trees as a result of human intervention , such as harvesting , or as a result of natural causes , but which area can be expected to revert to forest ; ### ‘ forest’ is a minimum area of land of at least 0 , 05 - 1 , 0 hectare , with tree crown cover of more than 10 - 30 per cent with trees with the potential to reach a minimum height of 2 - 5 metres at maturity in situ . a forest may consist either of closed forest formations where trees of various storeys and undergrowth cover a high proportion of the ground or open forest . young natural stands and all plantations which have yet to reach a crown density of 10 - 30 per cent or tree height of 2 - 5 metres are included under forest , as are areas normally forming part of the forest area which are temporarily unstocked as a result of human intervention such as harvesting or natural causes but which are expected to revert to forest ;


### ‘ natural disturbance’ is any non - anthropogenic event or circumstance that causes significant emissions in forests or agricultural soils and the occurrence of which is beyond the control of the relevant member state provided the member state is also objectively unable to significantly limit the effect of the event or circumstance , even after its occurrence , on emissions ; ### ‘ natural disturbances’ are non - anthropogenic events or non - anthropogenic circumstances . for the purposes of this decision , these events or circumstances are those that cause significant emissions in forests and are beyond the control of , and not materially influenced by , a member state . these may include wildfires , insect and disease infestations , extreme weather events , including droughts and floods , and / or geographical disturbances , beyond the control of , and not materially influenced by , a member state . these exclude harvesting and prescribed burning ;


### ‘ natural disturbance’ is any non - anthropogenic event or circumstance that causes significant emissions in forests or agricultural soils and the occurrence of which is beyond the control of the relevant member state provided the member state is also objectively unable to significantly limit the effect of the event or circumstance , even after its occurrence , on emissions ; ### ‘ natural disturbances’ are non - anthropogenic events or non - anthropogenic circumstances . for the purposes of this decision , these events or circumstances are those that cause significant emissions in forests and are beyond the control of , and not materially influenced by , a member state . these may include wildfires , insect and disease infestations , extreme weather events and / or geographical disturbances , beyond the control of , and not materially influenced by , a member state . these exclude harvesting and prescribed burning ;


### ‘ half - life value’ is the number of years it takes for the carbon content of a wood product to decrease to one half of its initial quantity ; ### ‘ half - life value’ is the number of years it takes for the quantity of carbon stored in a wood product to decrease to one half of its initial value ;


### member states may also draw up and maintain accounts that accurately reflect emissions and removals resulting from revegetation , and wetland drainage and rewetting . ### member states may also choose to draw up and maintain accounts for the first accounting period that accurately reflect emissions and removals resulting from cropland management and grazing land management , revegetation , and wetland drainage and rewetting .


### member states shall include in their accounts a particular activity referred to in paragraph 1 as of the onset of the activity or from 1 january 2013 , whichever is the later . ### member states shall include in their accounts any activity referred to in paragraph 1 as of the onset of the activity or as of the beginning of the commitment period , whichever comes later .


### emissions and removals resulting from any activity falling within one or more categories of activity referred to in article 3 shall only be accounted for under one category . ### emissions and removals resulting from any activity falling within one or more categories of activity referred to in article 3 shall only be accounted for under one category , so as to avoid double accounting .


### however , member states may choose not to include in their accounts changes in carbon stock for carbon pools listed under points to of the first subparagraph where the carbon pool is not a declining sink or a source . member states shall only consider that a carbon pool is not a declining sink or a source where this is demonstrated on the basis of transparent and verifiable data . ### however , member states may choose not to include in their accounts changes in carbon stock for carbon pools listed under points to of the first subparagraph where the carbon pool is not a source . member states shall only consider that a carbon pool is not a source where this is demonstrated on the basis of transparent and verifiable data .


### the commission shall be empowered to adopt delegated acts in accordance with article 12 to amend annex i to add accounting periods and to ensure consistency between those accounting periods and the relevant periods applicable to union emission reduction commitments in other sectors . ### any amendment to the accounting rules set out in this article , including changes to the accounting periods set out in annex i , shall be adopted in accordance with the ordinary legislative procedure .


### the commission shall be empowered to adopt delegated acts in accordance with article 12 to update the reference levels in annex ii as necessary . ### any amendment to the accounting rules set out in this article , including changes to the reference levels as set out in annex ii , shall be adopted in accordance with the ordinary legislative procedure .


### in accounts relating to reforestation , member states shall reflect emissions and removals resulting only from such activities taking place on those lands that were not forest on 1 january 1990 . ### in accounts relating to reforestation , member states shall reflect emissions and removals resulting only from such activities taking place on those lands that have not been forests since 1 january 1990 .


### member states shall use the same spatial assessment unit in calculations to determine the forest falling within afforestation , reforestation and deforestation . ### member states shall use the best available data to determine whether forests fall within the definitions of afforestation , reforestation and deforestation , as set out in points to of article 2 .


### in accounts relating to cropland management and grazing land management , member states shall reflect emissions and removals resulting from such activities , calculated as emissions and removals in each accounting period specified in annex i , minus the value obtained by multiplying the number of years in that accounting period by a member state ' s emissions and removals resulting from such activities in its base year , as submitted to the unfccc in that member states reviewed initial report on base year emission data pursuant to the annex of decision 13 / cmp . 1 . ### in the event that a member state elects to draw up and maintain accounts for categories referred to in the second subparagraph of article 3 , it shall , without prejudice to any future decision on international accounting rules reflect emissions and removals resulting from such activities , calculated as emissions and removals in each accounting period specified in annex i , minus the value obtained by multiplying the number of years in that accounting period by a member state ' s emissions and removals resulting from such activities in its base year , as submitted to the unfccc in that member states reviewed initial report on base year emission data pursuant to the annex of decision 13 / cmp . 1 .


### the commission shall be empowered to adopt delegated acts in accordance with article 12 to revise the conditions referred to in the first subparagraph of paragraph 2 in the light of scientific progress or to reflect revisions to acts adopted by unfccc or kyoto protocol bodies . ### the commission shall be empowered to adopt delegated acts in accordance with article 12 to revise the conditions referred to in the first subparagraph of paragraph 2 to reflect minor changes to acts adopted by unfccc or kyoto protocol bodies .


### the delegation of power referred to in articles 2 , 4 , 6 , 7 and 9 shall be conferred on the commission for an indeterminate period of time from the date of entry into force of this decision . ### the delegation of power referred to in articles 2 , 7 and 9 shall be conferred on the commission for a period of five years from the date of entry into force of this decision .


### the interconnectedness of financial institutions and markets implies that the monitoring and assessment of potential systemic risks should be based on a broad set of relevant macro - economic and micro - financial data and indicators . the esrb should therefore have access to all the information necessary to perform its duties while preserving the confidentiality of these data as required . ### the interconnectedness of financial institutions and markets implies that the monitoring and assessment of potential systemic risks should be based on a broad set of relevant macro - economic and micro - financial data and indicators . the esrb should therefore have access to all relevant information necessary to perform its duties while preserving the confidentiality of these data as required with the aim of maintaining market stability .


### the council shall examine this regulation on the basis of a report from the commission three years after its entry into force and shall determine whether the missions and organisation of the esrb need to be reviewed after having received an opinion from the ecb . ### the council shall examine this regulation on the basis of a report from the commission two years after its entry into force and shall determine whether the missions and organisation of the esrb need to be reviewed after having received an opinion from the ecb .


### the main establishment of a controller in the union should be determined according to objective criteria and should imply the effective and real exercise of management activities determining the main decisions as to the purposes , conditions and means of processing through stable arrangements . this criterion should not depend whether the processing of personal data is actually carried out at that location ; the presence and use of technical means and technologies for processing personal data or processing activities do not , in themselves , constitute such main establishment and are therefore no determining criteria for a main establishment . the main establishment of the processor should be the place of its central administration in the union . ### the main establishment of a controller in the union , including a controller that is also a processor , should be determined according to objective criteria and should imply the effective and real exercise of management activities determining the main decisions as to the purposes , conditions and means of processing through stable arrangements . this criterion should not depend whether the processing of personal data is actually carried out at that location ; the presence and use of technical means and technologies for processing personal data or processing activities do not , in themselves , constitute such main establishment and are therefore no determining criteria for a main establishment . the main establishment of the processor that is not also a controller should be the place of its central administration in the union .


### any processing of personal data should be lawful , fair and transparent in relation to the individuals concerned . in particular , the specific purposes for which the data are processed should be explicit and legitimate and determined at the time of the collection of the data . the data should be adequate , relevant and limited to the minimum necessary for the purposes for which the data are processed ; this requires in particular ensuring that the data collected are not excessive and that the period for which the data are stored is limited to a strict minimum . personal data should only be processed if the purpose of the processing could not be fulfilled by other means . every reasonable step should be taken to ensure that personal data which are inaccurate are rectified or deleted . in order to ensure that the data are not kept longer than necessary , time limits should be established by the controller for erasure or for a periodic review . ### any processing of personal data should be lawful , fair and transparent in relation to the individuals concerned . in particular , the specific purposes for which the data are processed should be explicit and legitimate and determined at the time of the collection of the data . the data should be adequate , relevant and limited to the minimum necessary for the purposes for which the data are processed ; this requires ensuring that the data collected are not excessive and that the period for which the data are stored is no longer than is necessary for the purposes for which the personal data is processed . personal data should only be processed if the purpose of the processing could not be fulfilled by other means . every reasonable step should be taken to ensure that personal data which are inaccurate are rectified or deleted . in order to ensure that the data are not kept longer than necessary , time limits should be established by the controller for erasure or for a periodic review . when the assessment is made of the minimum data necessary for the purposes for which the data are processed , consideration should be given of the obligations of other legislation which require comprehensive data to be processed when used for prevention and detection of fraud , confirmation of identity and / or determination of creditworthiness .


### in order to demonstrate compliance with this regulation , the controller or processor should document each processing operation . each controller and processor should be obliged to co - operate with the supervisory authority and make this documentation , on request , available to it , so that it might serve for monitoring those processing operations . ### in order to demonstrate compliance with this regulation , the controller or processor should maintain relevant information on the main categories of processing undertaken . the commission should establish a uniform format for the documentation of this information across the eu . each controller and processor should be obliged to co - operate with the supervisory authority and make this documentation , on request , available to it , so that it might assist the supervisory authority in evaluating the compliance of those main categories of processing with this regulation


### ' data subject ' means an identified natural person or a natural person who can be identified , directly or indirectly , by means reasonably likely to be used by the controller or by any other natural or legal person , in particular by reference to an identification number , location data , online identifier or to one or more factors specific to the physical , physiological , genetic , mental , economic , cultural or social identity of that person ; ### ' data subject ' means an identified natural person or an identifiable natural person who can be uniquely , directly or indirectly , by means reasonably likely to be used by the controller or by any other natural or legal person , in particular by reference to a name , identification number , location data , online identifier , or to one or more factors specific to the physical , physiological , genetic , mental , economic , cultural or social identity of that person . if identification requires a disproportionate amount of time , effort or material resources , the natural living person shall not be considered identifiable ;


### kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed ; personal data may be stored for longer periods insofar as the data will be processed solely for historical , statistical or scientific research purposes in accordance with the rules and conditions of article 83 and if a periodic review is carried out to assess the necessity to continue the storage ; ### kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed ; personal data may be stored for longer periods insofar as the data will be processed solely for historical , statistical or scientific research purposes in accordance with the rules and conditions of articles 81 and 83 and if a periodic review is carried out to assess the necessity to continue the storage ;


### the controller shall inform the data subject without delay and , at the latest within one month of receipt of the request , whether or not any action has been taken pursuant to article 13 and articles 15 to 19 and shall provide the requested information . this period may be prolonged for a further month , if several data subjects exercise their rights and their cooperation is necessary to a reasonable extent to prevent an unnecessary and disproportionate effort on the part of the controller . the information shall be given in writing . where the data subject makes the request in electronic form , the information shall be provided in electronic form , unless otherwise requested by the data subject . ### the controller shall inform the data subject without delay and , at the latest within one month of receipt of the request , whether or not any action has been taken pursuant to article 13 and articles 15 to 19 and shall provide the requested information . this period may be prolonged for a further month , if several data subjects exercise their rights and their cooperation is necessary to a reasonable extent to prevent an unnecessary and disproportionate effort on the part of the controller . the information shall be given in writing . where the data subject makes the request in electronic form , the information shall be provided in electronic form , unless otherwise requested by the data subject or unless the controller has reason to believe that providing the information in electronic form would create a significant risk of fraud .


### the information and the actions taken on requests referred to in paragraph 1 shall be free of charge . where requests are manifestly excessive , in particular because of their repetitive character , the controller may charge a fee for providing the information or taking the action requested , or the controller may not take the action requested . in that case , the controller shall bear the burden of proving the manifestly excessive character of the request . ### the information and the actions taken on requests referred to in paragraph 1 shall be free of charge . where requests are manifestly excessive , in particular because of their repetitive character , the controller may charge a fee for providing the information or taking the action requested , or the controller may not take the action requested . in that case , the controller shall bear the burden of proving the manifestly excessive character of the request . the controller may charge a nominal fee set by the law of the member state to which the controller is subject for providing the information or taking the action requested if the controller is a credit reference agency responding to a request from a consumer for access their credit file .


### the information and the actions taken on requests referred to in paragraph 1 shall be free of charge . where requests are manifestly excessive , in particular because of their repetitive character , the controller may charge a fee for providing the information or taking the action requested , or the controller may not take the action requested . in that case , the controller shall bear the burden of proving the manifestly excessive character of the request . ### the information and the actions taken on requests referred to in paragraph 1 shall be free of charge . where requests are manifestly excessive , in particular owing to their high volume , complexity or their repetitive character , the controller may charge an appropriate , not for profit , fee for providing the information or taking the action requested , or the controller may decline to take the action requested . in that case , the controller shall bear the burden of proving the manifestly excessive character of the request .


### the data subject objects to the processing of personal data pursuant to article 19 ; ### the data subject objects to the processing of personal data pursuant to article 19 , and the objection is upheld ;


### measures based on profiling ### measures based on automated processing


### having regard to the state of the art and the cost of implementation , the controller shall , both at the time of the determination of the means for processing and at the time of the processing itself , implement appropriate technical and organisational measures and procedures in such a way that the processing will meet the requirements of this regulation and ensure the protection of the rights of the data subject . ### where required , mandatory measures may be adopted to ensure that categories of goods or services are designed and have default settings meeting the requirements of this regulation relating to the protection of individuals with regard to the processing of personal data . such measures shall be based on standardisation pursuant to [ regulation . . . / 2012 of the european parliament and of the council on european standardisation , amending council directives 89 / 686 / eec and 93 / 15 / eec and directives 94 / 9 / ec , 94 / 25 / ec , 95 / 16 / ec , 97 / 23 / ec , 98 / 34 / ec , 2004 / 22 / ec , 2007 / 23 / ec , 2009 / 23 / ec and 2009 / 105 / ec of the european parliament and of the council and repealing decision 87 / 95 / eec and decision no 1673 / 2006 / ec ] .


### the controller shall implement mechanisms for ensuring that , by default , only those personal data are processed which are necessary for each specific purpose of the processing and are especially not collected or retained beyond the minimum necessary for those purposes , both in terms of the amount of the data and the time of their storage . in particular , those mechanisms shall ensure that by default personal data are not made accessible to an indefinite number of individuals . ### until such time as mandatory measures have been adopted pursuant to paragraph 1 , member states shall ensure that no mandatory design or default requirements are imposed on goods or services relating to the protection of individuals with regard to the processing of personal data which could impede the placing of equipment on the market and the free circulation of such goods and services in and between member states .


### where a processing operation is to be carried out on behalf of a controller , the controller shall choose a processor providing sufficient guarantees to implement appropriate technical and organisational measures and procedures in such a way that the processing will meet the requirements of this regulation and ensure the protection of the rights of the data subject , in particular in respect of the technical security measures and organizational measures governing the processing to be carried out and shall ensure compliance with those measures . ### where a processing operation is to be carried out on behalf of a controller and which involves the processing of data that would permit the processor to reasonably identify the data subject , the controller shall choose a processor providing sufficient guarantees to implement appropriate technical and organisational measures and procedures in such a way that the processing will meet the requirements of this regulation and ensure the protection of the rights of the data subject , in particular in respect of the technical security measures and organizational measures governing the processing to be carried out and shall ensure compliance with those measures . the controller remains solely responsible for ensuring compliance with the requirements of this regulation .


### the documentation shall contain at least the following information : ### the core documentation shall contain at least the following information :


### the purposes of the processing , including the legitimate interests pursued by the controller where the processing is based on point of article 6 ; ### the generic purposes of processing .


### where applicable , transfers of data to a third country or an international organisation , including the identification of that third country or international organisation and , in case of transfers referred to in point of article 44 , the documentation of appropriate safeguards ; ### where applicable , transfers of personal data to a third country or an international organisation and in case of transfers referred to in point of article 44 , a reference to the safeguards employed ;


### in the case of a personal data breach , the controller shall without undue delay and , where feasible , not later than 24 hours after having become aware of it , notify the personal data breach to the supervisory authority . the notification to the supervisory authority shall be accompanied by a reasoned justification in cases where it is not made within 24 hours . ### in the case of a personal data breach , the controller shall , without undue delay , notify the personal data breach to the supervisory authority .


### where processing operations present specific risks to the rights and freedoms of data subjects by virtue of their nature , their scope or their purposes , the controller or the processor acting on the controller ' s behalf shall carry out an assessment of the impact of the envisaged processing operations on the protection of personal data . ### where processing operations present specific risks to the rights and freedoms of data subjects by virtue of their nature , their scope or their purposes , the controller or the processor acting on the controller ' s behalf shall carry out an assessment of the impact of the envisaged processing operations on the protection of personal data , unless the activities concerned do not present a risk to the privacy of the data subject .


### where the commission has taken no decision pursuant to article 41 , a controller or processor may transfer personal data to a third country or an international organisation only if the controller or processor has adduced appropriate safeguards with respect to the protection of personal data in a legally binding instrument . ### where the commission has taken no decision pursuant to article 41 , a controller or processor may transfer personal data to a third country or an international organisation only if the controller or processor has adduced appropriate safeguards with respect to the protection of personal data in a legally binding instrument , and where appropriate pursuant to an impact assessment , where the controller or processor has ensured that the recipient of data in a third country maintains high standards of data protection .


### the administrative sanction shall be in each individual case effective , proportionate and dissuasive . the amount of the administrative fine shall be fixed with due regard to the nature , gravity and duration of the breach , the intentional or negligent character of the infringement , the degree of responsibility of the natural or legal person and of previous breaches by this person , the technical and organisational measures and procedures implemented pursuant to article 23 and the degree of co - operation with the supervisory authority in order to remedy the breach . ### the administrative sanction shall be in each individual case effective , proportionate and dissuasive . the amount of the administrative fine shall be fixed with due regard to the nature , gravity and duration of the breach , the sensitivity of the data in issue , the intentional or negligent character of the infringement , the degree of harm or risk of harm created by the violation , the degree of responsibility of the natural or legal person and of previous breaches by this person , the technical and organisational measures and procedures implemented pursuant to article 23 and the degree of co - operation with the supervisory authority in order to remedy the breach . where appropriate , the data protection authority shall also be empowered to require that a data protection officer is appointed if the body , organisation or association has opted not to do so .


### where charges are made for the re - use of documents , they should in principle be limited to the marginal costs incurred for their reproduction and dissemination , unless exceptionally justified according to objective , transparent and verifiable criteria . the necessity of not hindering the normal running of public sector bodies covering a substantial part of the operating cost relating to the performance of their public task from the exploitation of their intellectual property rights should notably be taken into consideration . the burden of proving that charges are cost - oriented and comply with relevant limits should lie with the public sector body charging for the re - use of documents . ### where charges are made for supplying and allowing the re - use of documents , they should in principle be limited to the marginal costs . however , for public sector bodies that cover a substantial part of their costs relating to the performance of their public task or any particular activity falling within their public task as well as the normal running of libraries , museums and archives their ability to continue funding their operations in this manner should notably be taken into consideration . those public sector bodies should be allowed to charge higher charges for re - use . the total income from supplying and allowing re - use of documents should not exceed the cost of collection , production , reproduction and dissemination , together with a reasonable return on investment . the burden of proving that charges are cost - oriented and comply with relevant criteria should lie with the public sector body charging for the re - use of documents .


### at the end of paragraph 4 , the following wording is added : ### paragraph 4 is replaced by the following :


### ' the means of redress shall include the possibility of review by an independent authority that is vested with specific regulatory powers regarding the re - use of public sector information and whose decisions are binding upon the public sector body concerned . ' ### ' 4 . any decision on re - use shall contain a reference to the means of redress in case the applicant wishes to appeal the decision . the means of redress shall include the possibility of review by an impartial review body , such as the national competition authority , the national access to documents authority or the national judicial authority , that has the authority to investigate complaints regarding the re - use of public sector documents and whose decisions must be considered by the public sector body concerned . '


### ' 2 . in exceptional cases , in particular where public sector bodies generate a substantial part of their operating costs relating to the performance of their public service tasks from the exploitation of their intellectual property rights , public sector bodies may be allowed to charge for the re - use of documents over and above the marginal costs , according to objective , transparent and verifiable criteria , provided this is in the public interest and subject to the approval of the independent authority referred to in article 4 , and without prejudice to paragraphs 3 and 4 of this article . ' ### ' 2 . paragraph 1 shall not apply to the following : public sector bodies that generate revenue to cover a substantial part of their costs relating to the performance of their public tasks or any particular activity falling within their public tasks . libraries , museums and archives . '


### in article 11 , the following sentence is added at the end of paragraph 3 : ### article 11 is amended as follows : ' the following paragraph is inserted : 2a . notwithstanding paragraph 11 , where an exclusive right is necessary for the provision of a service in the public interest such as digitisation , the validity of the reason for granting such an exclusive right shall be subject to regular review , and shall , in any event , be reviewed every three years . the exclusive arrangements established after the entry into force of this directive shall be transparent and made public . where an exclusive right relating to the preferential commercial exploitation necessary to digitise cultural resources exists , the public sector body shall be provided with a copy of the digitised cultural resources as part of that agreement . '


### however , such arrangements involving cultural establishments and university libraries shall be terminated at the end of the contract or in any case not later than 31 december 20xx [ 6 years after entry into force of the directive ] . ### the following sentence is added at the end of paragraph 3 : however , such arrangements involving archives , museums and libraries shall be terminated at the end of the contract or in any case not later than 31 december 20xx [ 10 years after entry into force of the directive ] .


### to achieve a high quality of testing throughout the union test equipment to be used during testing , its maintenance and calibration should be specified on union level . ### to achieve a high quality of testing throughout the union of test equipment to be used during testing , its maintenance and calibration should be specified at union level . incentives should be created for innovations in the areas of testing systems , procedures and equipment , thus enabling further cost reductions and improvements in use .


### results of a test should not be altered for commercial purposes . only , if the findings of the roadworthiness test performed by an inspector are manifestly incorrect , the supervising body should be able to modify the results of a roadworthiness test . ### results of a test should not be altered for commercial purposes . only if the findings of the roadworthiness test performed by an inspector are manifestly incorrect should the supervising body be able to modify the results of a roadworthiness test and impose the appropriate penalties on the body which issued the certificate .


### a roadworthiness certificate should be issued after each test , including inter alia information related to the identity of the vehicle and information on the results of the test . with a view to ensure a proper follow - up of roadworthiness tests , member states should collect and keep such information in a database . ### to ensure the proper follow up of testing results , a roadworthiness certificate should be issued after each test and should also be created in electronic format , with the same level of detail in relation to vehicle identity and test results as is contained on the original test certificate . furthermore , member states should collect and keep such information in a centralised database in order to ensure that the authenticity of the periodical technical inspections results can be easily verified .


### this regulation establishes a regime of periodic roadworthiness tests of vehicles . ### this directive establishes a regime of periodic roadworthiness tests of vehicles carried out on the basis of minimum technical standards and requirements with the aim of ensuring a high level of road safety and environmental protection .


### this regulation establishes a regime of periodic roadworthiness tests of vehicles . ### this directive establishes a regime of periodic roadworthiness tests of vehicles used on public roads , carried out on the basis of minimum technical standards and requirements with the aim of ensuring a high level of road safety and environmental protection .


### – vehicles belonging to armed forces , fire services , civil protection , emergency or rescue services , ### – vehicles used by armed forces , fire services , civil protection , emergency or rescue services ,


### – vehicles of category m1 registered as taxis or ambulances , vehicles of categories m2 , m3 , n2 , n3 , t5 , o3 and o4 : one year after the date on which the vehicle was first registered , and thereafter annually . ### – vehicles of category m1 registered as taxis or ambulances , vehicles of categories m2 , m3 , n2 , n3 , t5 , o3 and o4 : two years after the date on which the vehicle was first registered , and thereafter , at the most , every two years .


### the testing centre or , if relevant , the competent authority that has conducted a roadworthiness test on a vehicle shall issue an electronic roadworthiness certificate to that vehicle that contains at least the elements laid down in annex iv . ### the testing centre or , if relevant , the competent authority that has conducted a roadworthiness test on a vehicle shall issue roadworthiness certificate to that vehicle , which shall also be available in electronic format containing at least the elements laid down in annex iv .


### the testing centre or , if relevant , the competent authority , shall provide the person presenting the vehicle to the test with the roadworthiness certificate or , in case of electronic established roadworthiness certificate , a duly certified printout of such certificate . ### the testing centre or , if relevant , the competent authority , as soon as the text is satisfactorily completed , shall provide the person presenting the vehicle to the test with a roadworthiness certificate or , where the certificate is in electronic form , shall make available a printout of the test results .


### for the purposes of checking the odometer reading , and where this information was not communicated electronically following the previous roadworthiness test , the inspector shall require the person presenting the vehicle to the test to show the certificate issued following the previous roadworthiness test . ### for the purposes of checking the odometer reading , where fitted , and where this information was not communicated electronically following the previous roadworthiness test , the inspector shall require the person presenting the vehicle to the test to show the certificate issued following the previous roadworthiness test .


### the results of the roadworthiness test shall be notified to the registration authority of the vehicle . this notification shall contain the information mentioned in the roadworthiness certificate . ### the results of the roadworthiness test shall be notified to the registration authority of the vehicle without delay . this notification shall contain the information mentioned in the roadworthiness certificate .


### in the case of dangerous deficiencies , the vehicle shall not be used on publicly accessible roads and its registration shall be withdrawn in accordance with article 3a of directive xxx of the european parliament and of the council amending council directive 1999 / 37 / ec on the registration documents for vehicles24 until the deficiencies are rectified and a new roadworthiness certificate is issued testifying that the vehicle is in a roadworthy condition . ### in the case of dangerous deficiencies , the member state or the competent authority may prevent or restrict the use of the vehicle on public roads until any dangerous deficiencies are rectified .


### inspectors employed by competent authorities of the member states or a testing centre at the date of application of this regulation shall be exempted from the requirements laid down in annex vi , point 1 . the member states shall deliver a certificate of equivalence to these inspectors . ### inspectors employed by competent authorities of the member states or a testing centre at the date of application of this directive shall be exempted from the requirements laid down in annex vi , point 1 . the member states shall deliver a certificate of equivalence to these inspectors .


### the delegation of power referred to in article 17 shall be conferred for an indeterminate period of time from [ the date of entry into force of this regulation ] . ### the power to adopt the delegated acts referred to in article 17 shall be conferred on the commission for a period of five years from [ the date of entry into force of this directive ] , the commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five - year period . 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 .


### the delegation of power referred to in article 17 shall be conferred for an indeterminate period of time from [ the date of entry into force of this regulation ] . ### the delegation of power referred to in article 17 shall be conferred for a period of five years from [ the date of entry into force of this regulation ] . the commission shall draw up a report in respect of the delegation of power not later than nine months before the end of that five - 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 .


### the diversity and evolution of the conditions under which professional activities are pursued make it necessary to take into account the situation of highly mobile workers . new labour supply structures have become evident amongst others in the air transport sector . linking the applicable legislation for aircrew members to the member state where the registered office or place of business of the undertaking or employer employing him / her is situated only is effective if there is a sufficiently close connection to the registered office or place of business . for aircrew members it is considered appropriate to refer to ‘ home base’ as specification of the notion of ‘ registered office or place of business’ for the application of regulation no 883 / 2004 . ### annex iii to council regulation 3922 / 91 on the harmonisation of technical requirements and administrative procedures for the field of civil aviation1 defines the concept ' home base ' for aircrew members under union law . in order to facilitate the application of title ii of the regulation no 883 / 2004 for this group of persons , it is justified to create a special rule by using this notion of ' home base ' as the criterion for determining the applicable legislation for aircrew members . on the other hand , the applicable legislation for aircrew members should remain stable and the ' home base ' principle should not result in frequent changes of applicable legislation due to the industry’s work patterns or seasonal demands . _________________ 1 oj l 373 , 31 . 12 . 1991 , p . 4 .


### article 65 of regulation no 883 / 2004 should be amended to ensure that self - employed persons receive benefits in accordance with the legislation of the competent member state to offer them the best prospects of re - integrating into the labour market in their member state of residence when returning to that state . ### a new article 65a should be inserted into regulation no 883 / 2004 in order to ensure that a self - employed frontier worker who becomes wholly unemployed receives benefits , if he / she has completed periods of insurance as a self - employed person or periods of self - employment recognised for the purposes of granting unemployment benefits in the competent member state and if no unemployment benefits system covering self - employed persons exists in the member state of residence . such a new provision should be reviewed in the light of the experience after two years of implementation and , if necessary , adjusted .


### in article 9 , the first sentence is replaced by the following : ' 1 . the member states shall notify the european commission in writing of the declarations made in accordance with article 1 , the legislation and schemes referred to in article 3 , the conventions entered into as referred to in article 8 and the minimum benefits referred to in article 58 , as well as substantive amendments made subsequently . ' ### in article 9 paragraph 1 is replaced by the following : ' 1 . the member states shall notify the european commission in writing of the declarations made in accordance with article 1 letter , the legislation and schemes referred to in article 3 , the conventions entered into as referred to in article 8 , the minimum benefits referred to in article 58 and the lack of an insurance system as referred to in article 65a , as well as substantive amendments made subsequently . such notifications shall indicate the date [ . . . ] from which this regulation will apply to the schemes specified in the declarations by the member states . '


### ' 1 . the member states shall notify the european commission in writing of the declarations made in accordance with article 1 , the legislation and schemes referred to in article 3 , the conventions entered into as referred to in article 8 and the minimum benefits referred to in article 58 , as well as substantive amendments made subsequently . ' ### ' 1 . the member states shall notify the european commission in writing of the declarations made in accordance with article 1 , the legislation and schemes referred to in article 3 , the conventions entered into as referred to in article 8 and the minimum benefits referred to in article 58 , as well as substantive amendments made subsequently . such notifications shall indicate the date [ … ] from which this regulation will apply to the schemes specified in the declarations by the member states . '


### the legislation of the member state in which the registered office or place of business of the undertaking or employer is situated if he / she is employed by one undertaking or employer , or ### the legislation of the member state in which the registered office or place of business of the undertaking or employer is situated if he / she is employed by one undertaking or employer or the legislation of the member state in which the registered offices or places of business of the undertakings or employers are situated if he / she is employed by two or more undertakings or employers that have their registered offices or places of business situated in a single member stateonly ; or


### the legislation of the member state in which the registered office or place of business of the undertaking or employer is situated outside the member state of residence if he / she is employed by two or more undertakings or employers and at least one of these undertakings has its registered office or place of business in a single member state outside the member state of residence , or ### the legislation of the member state in which the registered office or place of business of the undertaking or employer is situated outside the member state of residence if he / she is employed by two or more undertakings or employers that have their registered offices or places of business situated in two member states , one of which is the member state of residence ; or


### the legislation of the member state of residence if he / she is employed by two or more undertakings or employers , who have their registered office or place of business in different member states outside the member state of residence . ### the legislation of the member state of residence if he / she is employed by two or more undertakings or employers , and at least two of them have their registered office or place of business in different member states other than the member state of residence . '


### the competent institution may not refuse to grant the authorisation provided for in article 20 to an insured person who has sustained an accident at work or has contracted an occupational disease and who is entitled to benefits chargeable to that institution , where the treatment appropriate to his / her condition cannot be given in the member state in which the person resides within a time limit which is medically justifiable , taking into account his / her current state of health and the probable course of his / her illness . ### the competent institution may not refuse to grant the authorisation provided for in article 20 to a person who has sustained an accident at work or has contracted an occupational disease and who is entitled to benefits chargeable to that institution , where the treatment appropriate to his / her condition cannot be given in the member state in which the person resides within a time limit which is medically justifiable , taking into account his / her current state of health and the probable course of his / her illness . '


### ' 2 . the rules of the administrative commission shall be drawn up by mutual agreement among its members . ### ' 2 . the administrative commission shall act by a qualified majority as defined by the treaties , except when adopting its rules , which shall be drawn up by mutual agreement among its members .


### ' in other cases , the legislation of the member state the application of which was first requested when the person pursues an activity or activities in two or more member states . ' ### ' in all other cases , the legislation of the member state the application of which was first requested when the person pursues an activity or activities in two or more member states . '


### for the purposes of the application of article 13 of the basic regulation a person who “normally pursues an activity as an employed person in two or more member states” shall refer to a person who simultaneously , or in alternation , for the same undertaking or employer or for various undertakings or employers , exercises one or more separate activities in two or more member states , with the exception of marginal activities . ### for the purposes of the application of article 13 of the basic regulation , a person who ' normally pursues an activity as an employed person in two or more member states ' shall refer to a person who simultaneously , or in alternation , for the same undertaking or employer or for various undertakings or employers , exercises one or more separate activities in two or more member states .


### in the situation of aircrew members performing air passenger or freight services the “registered office or place of business” as defined in title ii of the basic regulation shall deemed to be the “home base” , as defined in annex iii to council regulation no 3922 / 91 on the harmonisation of technical requirements and administrative procedures in the field of civil aviation . ' ### for the purposes of article 13 of the basic regulation , an employed aircrew member normally pursuing air passenger or freight services in two or more members states shall be subject to the legislation of the member state where the home base as defined in annex iii to council regulation no 3922 / 91 is located . '


### paragraphs 1 to 6 shall apply mutatis mutandis to the persons referred to in article 65 of the basic regulation , except for paragraph 1 of this article . ### paragraphs 2 to 6 shall apply mutatis mutandis to the situation covered by article 65a referred to in the basic regulation .


### the aim of these measures is to enhance the competitiveness of european agriculture in both the internal market and third countries by increasing consumers ' awareness of the merits of the union ' s agricultural products and food products based on agricultural products and developing and opening up new markets . they usefully complement and reinforce the measures implemented by the member states . ### the aim of these measures is to enhance the competitiveness of european agriculture in both the internal market and third countries by increasing consumers ' awareness of the merits of the union ' s agricultural products and food products based on agricultural products and developing and opening up new markets . they usefully complement and reinforce the measures implemented by the member states . they should not impede or undermine national quality schemes within member states .


### the union exports mainly final agricultural products , including agricultural products not included in annex i to the treaty on the functioning of the european union . the information and promotion scheme should therefore be opened up to certain food products based on agricultural products , in line with other schemes coming under the common agricultural policy , such as the european quality schemes , which already provide for mechanisms which are open to such products . ### the union exports mainly final agricultural products , including agricultural products not included in annex i to the treaty on the functioning of the european union . the information and promotion scheme should therefore apply to annex i and be opened up to new processed food products which fall outside of the scope of annex i of the treaty . these food products should be in line with other schemes coming under the common agricultural policy , such as the european quality schemes , or national quality schemes , which already provide for mechanisms which are open to such products .


### over the period 2001 - 11 , barely 30 % of the budget earmarked for information provision and promotion measures under regulation no 3 / 2008 was spent on measures targeting third - country markets , even though these markets offer major growth potential . with the aim of reaching 75 % of estimated expenditure , specific arrangements are therefore required to encourage a larger number of information provision and promotion measures for union agricultural products in third countries , in particular through increased financial support ### over the period 2001 - 11 , barely 30 % of the budget earmarked for information provision and promotion measures under regulation no 3 / 2008 was spent on measures targeting third - country markets , even though these markets offer major growth potential . therefore , in order to encourage a larger number of information provision and promotion measures for union agricultural products in third countries , at least 75% of the budget earmarked for information and promotion measures will be allocated to measures taking place in third countries .


### over the period 2001 - 11 , barely 30 % of the budget earmarked for information provision and promotion measures under regulation no 3 / 2008 was spent on measures targeting third - country markets , even though these markets offer major growth potential . with the aim of reaching 75 % of estimated expenditure , specific arrangements are therefore required to encourage a larger number of information provision and promotion measures for union agricultural products in third countries , in particular through increased financial support ### over the period 2001 - 11 , barely 30 % of the budget earmarked for information provision and promotion measures under regulation no 3 / 2008 was spent on measures targeting third - country markets , even though these markets offer major growth potential . with the aim of reaching 85 % of estimated expenditure , specific arrangements are therefore required to encourage a larger number of information provision and promotion measures for union agricultural products in third countries , in particular through increased financial support


### the information provision and promotion measures co - financed by the union should endow them with a specific european dimension . to that end , and in order to avoid a dispersion of resources and increase europe ' s visibility through these information provision and promotion measures for agricultural products , it is necessary to establish a work programme which defines the strategic priorities for these measures in terms of populations , products , themes or markets to be targeted and the nature of the information and promotion messages to be imparted . the commission will take particular account of the predominant position of small and medium - enterprises in the agri - food sector , a sector which benefits from the exceptional measures provided for in articles 154 , 155 and 156 of regulation xxx / 20 . . . [ of the european parliament and of the council of . . . establishing a common organisation of the markets in agricultural products 626 ) ] and from free - trade agreements coming under the commercial policy of the european union for measures targeting third countries . ### the information provision and promotion measures co - financed by the union should endow them with a specific european dimension . to that end , and in order to avoid a dispersion of resources and increase the visibility of european agricultural produce through these information provision and promotion measures , it is necessary to establish a work programme which defines the strategic priorities for these measures in terms of populations , products , themes or markets to be targeted and the nature of the information and promotion messages to be imparted . the commission will take particular account of the predominant position of micro enterprises and small and medium - enterprises in the agri - food sector , a sector which benefits from the exceptional measures provided for in articles 154 , 155 and 156 of regulation xxx / 20 . . . [ of the european parliament and of the council of . . . establishing a common organisation of the markets in agricultural products 626 ) ] and from free - trade agreements coming under the commercial policy of the european union for measures targeting third countries .


### in order to ensure the coherence , effectiveness and sound management of the measures provided for in this regulation as well as the efficient use of union funding , the commission should be delegated the power to adopt acts in accordance with article 290 of the treaty as regards the specific conditions of brand visibility and the indication of product origin , the criteria for determining the eligibility of proposing organisations , the conditions governing competitive tendering between implementing organisations and the conditions according to which the proposing organisation may be authorised to implement certain parts of the programme itself and , finally , the specific conditions determining the eligibility of the costs of information provision and promotion measures for simple programmes . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including using external experts . when preparing and drawing - up delegated acts , the commission will ensure a simultaneous , timely and appropriate transmission of relevant documents to the european parliament and to the council . ### in order to ensure the coherence , effectiveness and sound management of the measures provided for in this regulation as well as the efficient use of union funding , the commission should be delegated the power to adopt acts in accordance with article 290 of the treaty as regards the specific conditions of brand visibility and the indication of product origin , the criteria for determining the eligibility of proposing organisations , the conditions governing competitive tendering between implementing organisations and the conditions according to which the proposing organisation may be authorised to implement certain parts of the programme itself and , finally , the specific conditions determining the eligibility of the costs of information provision and promotion measures for simple programmes . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including using external experts and member state experts . when preparing and drawing - up delegated acts , the commission will ensure a simultaneous , timely and appropriate transmission of relevant documents to the european parliament and to the council .


### the commission shall , by means of an implementing act , adopt a work programme setting out the objectives pursued , the priorities , the expected results , the implementing arrangements and the total amount of the financing plan . it shall also contain the main evaluation criteria , a description of the measures to be financed , an indication of the amounts allocated to each type of measure and an indicative implementation timetable and , in the case of grants , the maximum rate of co - financing . ### the commission shall , by means of an implementing act , adopt once a year a work programme setting out the objectives pursued , the priorities , the expected results , the implementing arrangements and the total amount of the financing plan . the work programme shall contain the list products referred to in annex to this regulation eligible for promotion and information measures on a permanent basis . it shall also contain the main evaluation criteria , a description of the measures to be financed , an indication of the amounts allocated to each type of measure and an indicative implementation timetable and , in the case of grants , the maximum rate of co - financing .


### the work programme referred to in paragraph 1 shall be implemented through the publication by the commission : ### the work programme referred to in paragraph 1 shall be implemented through the publication by the commission twice a year :


### the commission shall assess and select proposals for simple programmes further to the call for proposals referred to in article 8 . ### the member state shall asses in the first round the proposals for programmes and after that selected proposals shall submit to the commission . following the assessment by the member state , the commission shall assess and select proposals for simple programmes further to the call for proposals referred to in article 8 .


### the percentage referred to in paragraph 1 shall be increased to 60 % for : ### the percentage referred to in paragraph 1 shall be increased to 60% for a simple programme targeting one or more third country ;


### cash withdrawals at automatic teller machines and ### cash withdrawals at automatic teller machines and cash disbursements at the counter of payment service providers ' premises , and


### 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 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 . 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 , 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 . as a first step , in 2010 the european parliament and the council set up the facility .


### pursuant to article 9 of the treaty , the programme should ensure that the requirements linked to the promotion of a high - level of employment , a guarantee of adequate social protection and the fight against social exclusion are taken into account in defining and implementing the union’s policies and activities . ### pursuant to article 9 of the treaty , the programme should ensure that the requirements linked to the promotion of a high - level of employment , a guarantee of adequate social protection and the fight against social exclusion are taken into account in defining and implementing the union’s policies and activities . with a view to simplifying the management system , implementing the programme activities and generating genuine added value , it is essential for the new instrument to be properly integrated with the complementary instruments in place in the cohesion policy field .


### since the objectives of this regulation cannot be sufficiently achieved at member state level and can therefore , by reason of their 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 to achieve those objectives . ### since the objectives of this regulation cannot be sufficiently achieved at member state level and can therefore , by reason of their scale and effects , be better achieved at union level , the union may adopt measures within the limits of its competences and 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 , and with due regard for the institutional systems of the member states , this regulation does not go beyond what is necessary to achieve those objectives .


### ' social enterprise ' means an enterprise whose primary objective is to achieve social impact rather than generate profit for owners and stakeholders . it operates in the market through the production of goods and services in an entrepreneurial and innovative way , and uses surpluses mainly to achieve social goals . it is managed in an accountable and transparent way , in particular by involving workers , customers and stakeholders affected by its business activity . ### ' social enterprise ' means an enterprise whose primary objective is to achieve social impact , not to generate profit for owners and stakeholders . any division of the profits of a social enterprise among its shareholders is inadmissible . a social enterprise operates in the market through the production of goods and the provision of services of general interest in an entrepreneurial and innovative way , taking proper account &#8211 ; in keeping with the type of activities in which it is engaged &#8211 ; of specific regional characteristics and using local resources and surpluses mainly to achieve social goals . it is managed in an accountable and transparent way , in particular by involving workers , customers and stakeholders affected by its business activity .