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


### the agency ' s work should be transparent . effective control by the european parliament should be ensured and , to this end , the european parliament should have the possibility of hearing the executive director of the agency and being consulted on the multi - annual work programme . the agency should also apply the relevant union legislation concerning public access to documents . ### the agency ' s work should be transparent . effective control by the european parliament should be ensured and , to this end , the european parliament should have the possibility of hearing the executive director of the agency and being consulted on the multi - annual and annual work programmes . the agency should also apply the relevant union legislation concerning public access to documents .


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


### the management board shall adopt a strategy for relations with third countries or international organisations concerning matters for which the agency is competent . this strategy shall be included in the annual and multi - annual work programme of the agency , with a specification of associated resources . ### the management board shall adopt a strategy for relations with third countries or international organisations concerning matters for which the agency is competent . this strategy shall be included in the annual and multi - annual work programme of the agency , with a specification of associated resources . the strategy shall seek to ensure that the activities of the agency facilitate reciprocal access for union railway undertakings to the rail markets of third countries .


### without prejudice to article 40 , the agency shall be open to participation by third countries , in particular by countries within the scope of the european neighbourhood policy , the enlargement policy countries and efta countries which have concluded agreements with the union under which the countries concerned have adopted and are applying union legislation , or its equivalent national measures , in the field covered by this regulation . ### without prejudice to article 40 , the agency shall be open to participation by third countries which have concluded agreements with the union under which the countries concerned have adopted and are applying union law , or its equivalent national measures , in the field covered by this regulation . this paragraph shall apply , in particular , to countries within the scope of the european neighbourhood policy , union enlargement policy countries and efta countries .


### the agreements described in paragraphs 1 , 2 and 3 are without prejudice to the overall responsibility of the agency for performing its tasks as provided for in articles 12 , 16 , 17 and 18 . ### the agreements described in paragraphs 1 , 2 and 3 shall clearly specify the levels of responsibility of the agency and the national safety authorities in respect of tasks carried out by each contractual party as stipulated in the agreements . this shall be without prejudice to the overall responsibility of the agency for performing its tasks as provided for in articles 12 , 16 , 17 and 18 .


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


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


### ' e - call in - vehicle system ' means a system activated either automatically via in - vehicle sensors or manually , which carries , by means of mobile wireless communications networks , a standardised minimum set of data and establishes a 112 - based audio channel between the occupants of the vehicle and a public safety answering point ; ### ' e - call in - vehicle system ' means a system activated either automatically via in - vehicle sensors or manually , which carries , by means of mobile wireless communications networks , a standardised minimum set of data and establishes a 112 - based audio channel between the occupants of the vehicle and the closest public safety answering point ;


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


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


### the technical requirements and tests referred to in the first subparagraph shall be based on the requirements set out in paragraphs 3 , 4 and 6 and on the following standards , where applicable : ### the technical requirements and tests referred to in the first subparagraph shall be adopted after consultation of relevant stakeholders and based on the requirements set out in paragraphs 3 , 4 and 6 and on the following standards , where applicable :


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


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


### before entering into a contractual relationship , inform any person seeking to use a qualified trust service of the precise terms and conditions regarding the use of that service ; ### before entering into a contractual relationship , inform any person seeking to use a qualified trust service of the precise terms and conditions regarding the use of that service , including any limitation on its use ;


### – they are publicly available for retrieval only where the consent of the person to whom the data has been issued has been obtained , ### – they are publicly available for retrieval only where the consent of the person to whom the data relates has been obtained ,


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


### the purpose of this directive is to contribute to sustainable production and consumption by , as a first priority , the prevention of weee and , in addition , by the re - use , recycling and other forms of recovery of such wastes , so as to reduce the disposal of waste and to contribute to the efficient use of resources . it also seeks to improve the environmental performance of all operators involved in the life cycle of eee , e . g . producers , distributors and consumers and , in particular , those operators directly involved in the collection and treatment of weee . in particular , different national applications of the producer responsibility principle may lead to substantial disparities in the financial burden on economic operators . having different national policies on the management of weee hampers the effectiveness of recycling policies . for that reason , the essential criteria should be laid down at the level of the union . ### the purpose of this directive is to contribute to sustainable production and consumption by , as a first priority , the prevention of weee and , in addition , by the re - use , recycling and other forms of recovery of such wastes , so as to reduce the disposal of waste and to contribute to the efficient use of resources and to the retrieval of critical raw materials . it also seeks to improve the environmental performance of all operators involved in the life cycle of eee , e . g . producers , distributors and consumers and , in particular , those operators directly involved in the collection and treatment of weee . in particular , different national applications of the producer responsibility principle may lead to substantial disparities in the financial burden on economic operators . having different national policies on the management of weee hampers the effectiveness of recycling policies . for that reason , the essential criteria should be laid down at the level of the union .


### users of eee from private households should have the possibility of returning weee at least free of charge . producers should finance at least the collection from collection facilities , and the treatment , recovery and disposal of weee . member states should encourage producers to take full responsibility for the weee collection in particular by financing the collection of weee throughout the entire waste chain , including from private households , in order to avoid separately collected weee becoming the object of suboptimal treatment and illegal exports , to create a level playing field by harmonising producer financing across the union and to shift payment for the collection of this waste from general tax payers to the consumers of eee , in line with the polluter - pays principle . in order to give maximum effect to the concept of producer responsibility , each producer should be responsible for financing the management of the waste from his own products . the producer should be able to choose to fulfil this obligation either individually or by joining a collective scheme . each producer should , when placing a product on the market , provide a financial guarantee to prevent costs for the management of weee from orphan products from falling on society or the remaining producers . the responsibility for the financing of the management of historical waste should be shared by all existing producers through collective financing schemes to which all producers that exist on the market when the costs occur contribute proportionately . collective financing schemes should not have the effect of excluding niche and low - volume producers , importers and new entrants . ### users of eee from private households should have the possibility of returning weee at least free of charge . producers should therefore finance at least the collection from collection facilities , and the treatment , recovery and disposal of weee . member states should encourage all stakeholders handling weee to help achieve the objectives of this directive in order to avoid separately collected weee becoming the object of suboptimal treatment and illegal exports . in order to ensure that payment for the collection of this waste is shifted from general tax payers to the consumers of eee , in line with the polluter - pays principle , member states should encourage producers to treat all weee collected . in order to make proper treatment possible , consumers should be offered incentives to ensure that end - of - life eee is taken to collection facilities . in order to give maximum effect to the concept of producer responsibility , each producer should be responsible for financing the management of the waste from his own products . the producer should be able to choose to fulfil this obligation either individually or by joining a collective scheme . each producer should , when placing a product on the market , provide a financial guarantee to prevent costs for the management of weee from orphan products from falling on society or the remaining producers . the responsibility for the financing of the management of historical waste should be shared by all existing producers through collective financing schemes to which all producers that exist on the market when the costs occur contribute proportionately . collective financing schemes should not have the effect of excluding niche and low - volume producers , importers and new entrants . in the case of products which have a long life cycle and which are now covered by the directive for the first time , such as photovoltaic modules , the best possible use should be made of existing collection and recovery systems , provided that such systems meet the requirements laid down in this directive . in particular , no obstacles should be placed in the way of the operation of systems established throughout the union , given their consistency with the aims of the internal market .


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


### the costs of appropriate analyses and inspections , including storage costs , of used eee suspected to be weee may be charged to the producers , to third parties acting on their behalf or to other persons arranging the shipment of used eee suspected to be weee . ### the costs of appropriate analyses and inspections , including storage costs , of used eee may be charged to the producers , to third parties acting on their behalf or to other persons arranging the shipment of used eee where it is proven to be weee .


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


### a copy of the invoice and contract relating to the sale and / or transfer of ownership of the eee which states that the equipment is destined for direct re - use and that it is fully functional ; ### a copy of the invoice , customs valuation , insurance statements , and a relevant contract , such as warranty , scope of work or after sales service contract , relating to the sale , transfer of holding and / or transfer of ownership of the eee which states that the shipment is pursuant to the original commercial purpose of the eee with the aim of : re - use ; repair or refurbishment with the intention of re - use ; return under warranty ; or root cause failure analysis , particularly with regard to medical devices sent under a valid contract or meeting regulatory requirements under directive 93 / 42 / ec or directive 98 / 79 / ec , in case such an analysis can only be conducted by the producer or third parties acting on his behalf .


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


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


### ‘ traditional’ means proven usage on the domestic market for a time period allowing transmission between generations ; this time period should be the one generally ascribed to two generations , at least 50 years ; ### ‘ traditional’ means proven usage on the domestic market for a time period allowing transmission between generations ; this time period should be the one generally ascribed to two generations , that is , at least 50 years . however , exemptions should be made for old products and recipes which have been revived in recent times . in these cases , the period will be the one ascribed to one generation , that is , at least 25 years .


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


### “3 . the national competent authorities shall make publicly available without delay the marketing authorisation together with the summary of the product characteristics and any conditions established in accordance with articles 21a , 22 and 22a , together with any deadlines for their fulfilment , for each medicinal product which they have authorised . ### “3 . the national competent authorities shall make publicly available without delay the marketing authorisation together with the package leaflet , the summary of the product characteristics and any conditions established in accordance with articles 21a , 22 and 22a , together with any deadlines for their fulfilment , for each medicinal product which they have authorised .


### in cases where the amount of energy or nutrient in a product is negligible , the nutrition declaration on those elements may be replaced by a statement such as ‘ contains negligible amounts of …’ in close proximity to the nutrition declaration when present . ### in cases where the amount of energy or nutrient in a product is negligible , the nutrition declaration on those elements is not mandatory , except in the case of allergens .


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


### security charges shall be used exclusively to meet security costs . these costs shall be determined using the principles of accounting and evaluation generally accepted in each of the member states . ### security charges shall be used exclusively to meet security costs at each airport . these costs shall be determined using the principles of accounting and evaluation generally accepted in each of the member states .


### in order to ensure that enterprises play a central role in delivering economic growth in europe , the commission adopted a communication , entitled ‘ an integrated industrial policy for the globalization era , putting competitiveness and sustainability at centre stage’12 in october 2010 , which was endorsed by the european council on its conclusions of december 2010 . this is a flagship initiative of the europe 2020 strategy . the communication sets out a strategy that aims to boost growth and jobs by maintaining and supporting a strong , diversified and competitive industrial base in europe , notably through improving framework conditions for enterprises , as well as through strengthening several aspects of the single market , including business - related services . ### in order to ensure that enterprises play a central role in delivering economic growth in europe , which is a top priority , the commission adopted a communication , entitled ' an integrated industrial policy for the globalization era , putting competitiveness and sustainability at centre stage ' 12 in october 2010 , which was endorsed by the european council on its conclusions of december 2010 . this is a flagship initiative of the europe 2020 strategy . the communication sets out a strategy that aims to boost growth and jobs by maintaining and supporting a strong , diversified and competitive industrial base in europe , notably through improving framework conditions for enterprises , as well as through strengthening several aspects of the single market , including business - related services .


### in order to contribute to the reinforcement of competitiveness and sustainability of union enterprises , in particular smes , the advancement of the knowledge society , and development based on balanced economic growth , a programme for the competitiveness of enterprises and smes should be established . ### in order to contribute to the reinforcement of competitiveness and sustainability of union enterprises , in particular smes , the advancement of the knowledge society , and development based on balanced economic growth , a programme for the competitiveness of enterprises and smes should be established . without overlapping programmes at member state level , the programme should be specifically easily accessible for all smes , particularly small enterprises and micro - entities .


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


### the programme should particularly address smes , as defined in commission recommendation 2003 / 361 / ec of 6 may 2003 concerning the definition of micro , small and medium - sized enterprises . particular attention should be paid to micro enterprises , enterprises engaged in craft activities and social enterprises . attention should also be paid to the specific characteristics and requirements of young entrepreneurs , new and potential entrepreneurs and female entrepreneurs , as well as specific target groups , such as migrants and entrepreneurs belonging to socially disadvantaged or vulnerable groups such as persons with disabilities . the programme should also encourage senior citizens to become and remain entrepreneurs and promote second chances for entrepreneurs . ### the programme should particularly address smes , as defined in commission recommendation 2003 / 361 / ec of 6 may 2003 concerning the definition of micro , small and medium - sized enterprises . particular attention should be paid to micro enterprises and enterprises engaged in craft activities . attention should also be paid to the specific characteristics of target groups , such as young entrepreneurs , new and potential entrepreneurs and female entrepreneurs . targeted information should be provided for specific groups , such as migrants and persons with disabilities . the programme should also encourage senior citizens to become and remain entrepreneurs and promote business transfer , spin - offs and second chances for entrepreneurs .


### many of the union ' s competitiveness problems involve smes ' difficulties in getting access to finance because they struggle to demonstrate their credit - worthiness and have difficulties in gaining access to risk capital . this has a negative effect on the level and quality of the new enterprises created and on the growth of enterprises . the added value for the union of the proposed financial instruments lies inter alia in strengthening the single market for venture capital and in developing a pan - european sme finance market . the union’s actions should be complementary to the member states’ use of financial instruments for smes . the entities entrusted with the implementation of the actions should ensure additionality and avoid double financing through eu resources . ### many of the union ' s competitiveness problems involve smes ' difficulties in getting access to finance because they struggle to demonstrate their credit - worthiness and have difficulties in gaining access to risk capital . this has a negative effect on the level and quality of the new enterprises created , on the growth of enterprises and on the success of transfers of ownership or generational handovers . the added value for the union of the proposed financial instruments lies inter alia in strengthening the single market for venture capital and in developing a simplified and more transparent pan - european sme finance market . the union’s actions should be coherent , consistent and complementary to the member states’ use of financial instruments for smes . the entities entrusted with the implementation of the actions should ensure additionality and avoid double financing through eu resources .


### the enterprise europe network has proven its added value for european smes as a one - stop - shop for business support by helping enterprises to improve their competitiveness and explore business opportunities in the single market and beyond . the streamlining of methodologies and working methods and provisions of a european dimension to business support services can only be achieved at union level . in particular , the network has helped smes to find cooperation or technology transfer partners , get advice on sources of financing , and on intellectual property and on eco - innovation and sustainable production . it has also obtained feedback on union legislation and standards . its unique expertise is particularly important in overcoming information asymmetries and alleviating transaction costs associated with cross - border transactions . ### the enterprise europe network needs to continue to prove its added value for european smes in identifying appropriate union business support programmes and services to improve their competitiveness and explore business opportunities in the single market and beyond . the streamlining of methodologies and working methods and provisions of a european dimension to business support services can only be achieved at union level . in particular , the network has helped smes to find cooperation or technology transfer partners , get advice on sources of union financing , and on intellectual property and on union programmes to encourage eco - innovation and sustainable production . it has also obtained feedback on union legislation and standards and has successfully encouraged the participation of smes in eu funding programmes , such as the seventh framework programme . its unique expertise is particularly important in overcoming information asymmetries and alleviating transaction costs associated with cross - border transactions . where possible the network should be further optimised through enhanced contact with national contact points and a higher profile in member states .


### to improve the competitiveness of european enterprises , notably smes , the member states and the commission need to create a favourable business environment . the interests of smes and the sectors in which they are most active need particular attention . initiatives at union level are necessary in order to develop a level playing field for smes and to exchange information and knowledge on a european scale . ### to improve the competitiveness of european enterprises , notably smes , the member states and the commission need to create a favourable business environment by reducing the burden of legislation . the interests of smes need particular attention . initiatives at union level are necessary in order to develop a level playing field for smes , to exchange information and knowledge on a european scale and to support the development of a common union sme policy with european added value . digital services can be particularly cost - effective in this area .


### another factor which affects competitiveness is the relatively weak entrepreneurial spirit in the union . only 45% of the union citizens would like to be self - employed as compared to 55% of the population in the united states and 71% in china . demonstration and catalytic effects , for example european awards and conferences , as well as coherence and consistency enhancing measures such as benchmarking and exchanges of best practices provide a high european added value . ### another factor which affects competitiveness is the relatively weak entrepreneurial spirit in the union which needs to be inspired with innovative and different approaches addressing specific target groups , especially young people and women . only 45% of the union citizens would like to be self - employed as compared to 55% of the population in the united states and 71% in china . demonstration and catalytic effects , for example european awards and entrepreneurship conferences , projects , workshops and mentoring programmes , as well as coherence and consistency enhancing measures such as benchmarking and exchanges of best practices provide a high european added value . confronting contextual obstacles , traditional views and stereotypes about women , and raising the credibility of women as entrepreneurs is especially vital in inspiring women into entrepreneurships , in retaining their careers as entrepreneurs , and in raising their profile as role models .


### global competition , demographic changes , resource constraints and emerging social trends generate challenges and opportunities for some sectors . for example , design - based sectors facing global challenges and characterised by a high proportion of smes need to adapt to reap the benefits and harness the untapped potential of high demand for personalised , inclusive products . as these challenges apply to all smes in the union in these sectors , a concerted effort at union level is necessary . ### global competition , demographic changes , the limited nature of natural resources , and emerging social trends generate challenges and opportunities for many sectors facing global challenges and characterised by a high proportion of smes . for example , design - based sectors need to adapt in order to benefit from the untapped potential of high demand for personalised , inclusive products . design - based consumer goods represent an important economic sector in the union and its enterprises contribute substantially to growth and jobs . as these challenges apply to all smes in the union in these sectors , a concerted effort at union level is necessary in order to create additional growth .


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


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


### sme growth in terms of added - value and number of employees , ### sme growth in terms of added - value and number of employees , broken down by gender , ethnicity , age , area , size and length of business and in accordance with the member states ' rules on the protection of personal data ,


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


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


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


### the commission may support member states ' measures to build - up entrepreneurial education , skills and attitudes , in particular among potential and new entrepreneurs . ### the commission may support member states ' measures to build - up entrepreneurial education , skills and attitudes , in particular among potential and new female and male entrepreneurs . particular support should be directed at women in rural areas .


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


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


### actions under the programme may aim to foster international industrial cooperation , including industrial and regulatory dialogues with third countries . specific measures may aim to reduce differences between the union and other countries in regulatory frameworks for industrial products , on industrial policy and the improvement of the business environment . ### actions under the programme may aim to foster international cooperation , including industrial and regulatory dialogues with third countries . specific measures may aim to reduce differences between the union and other countries in regulatory frameworks for products , on enterprise policy and the improvement of the business environment .


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


### in order to implement the programme , the commission shall adopt an annual work programme in accordance with the examination procedure referred to in article 16 . the annual work programmes shall set out the objectives pursued , the expected results , the method of implementation and their total amount . they shall also contain a description of the actions to be financed , an indication of the amount allocated to each action and an indicative implementation timetable , as well as appropriate indicators for monitoring effectiveness in delivering outcomes and achievements of the objectives . they shall include for grants the priorities , the essential evaluation criteria and the maximum rate of co - financing . ### in order to implement the programme , the commission shall separately adopt annual work programmes for financial and non - financial instruments in accordance with the examination procedure referred to in article 16 . the annual work programmes shall set out the objectives pursued , the expected results , the method of implementation and their total amount . they shall also contain a description of the actions to be financed , an indication of the amount allocated to each action and an indicative implementation timetable , payment profile , key information on the financial instruments such as the level of guarantee and the relationship with horizon 2020 , as well as appropriate indicators for monitoring effectiveness in delivering outcomes and achievements of the objectives . they shall include for grants the priorities , the essential evaluation criteria and the maximum rate of co - financing .


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


### these support measures referred to in paragraph 1 shall not necessarily form part of the annual work programmes referred to in article 10 . ### these support measures referred to in paragraph 1 shall not necessarily form part of the annual work programmes referred to in article 10 and shall cost no more than [ 2 . 5% ] of the programme ' s financial envelope .


### the commission shall draw up an annual monitoring report examining the efficiency and effectiveness of supported actions in terms of financial implementation , results and , where possible , impact . the report shall include information on the amount of climate - related expenditure and the impact of support to climate - change objectives to the extent that the collection of this information does not create unjustified administrative burden for smes . ### the commission shall draw up an annual monitoring report examining the efficiency and effectiveness of supported actions in terms of financial implementation , results and impact , including especially job creation and growth . the report shall include information on the amount of climate - related expenditure and the impact of support to climate - change objectives to the extent that the collection of this information does not create unjustified administrative burden for smes .


### european union external support has increasing financing needs but the economic and budgetary situation of the union limits the resources available for such support . the commission must therefore seek the most efficient use of available resources by using financial instruments with leverage effect . such effect could be increased by enabling the use and re - use of funds invested and generated by financial instruments . ### european union external support has increasing financing needs but the economic and budgetary situation of the union limits the resources available for such support . the commission must therefore seek the most efficient use of available resources by using financial instruments with leverage effect . such effect could be increased by enabling the use and re - use of funds invested and generated by financial instruments . it should also define clearly the priorities of the european neighbourhood policy , thereby setting criteria for the evaluation of achievements .


### this regulation shall not apply to interchangeable machinery that is fully raised from the ground when the vehicle to which it is attached is in use on a road . ### this regulation shall not apply to interchangeable machinery that is fully raised from the ground or cannot articulate around a vertical axis when the vehicle to which it is attached is in use on a road .


### ' category t ' comprises all wheeled tractors ; ### ' category t ' comprises all wheeled tractors ; each wheeled tractor category described in points 2 to 8 also includes an ' a ' or ' b ' index , according to its design speed : – ‘ a’ for wheeled tractors with a maximum design speed below or equal to 40 km / h , – ‘ b’ for wheeled tractors with a maximum design speed above 40 km / h ;


### ‘ category t1’ comprises wheeled tractors with a maximum design speed of not more than 40 km / h , with the closest axle to the driver having a minimum track width of not less than 1 150 mm , with an unladen mass , in running order , of more than 600 kg , and with a ground clearance of not more than 1 000 mm ; ### ‘ category t1’ comprises wheeled tractors , with the closest axle to the driver having a minimum track width of not less than 1 150 mm , with an unladen mass , in running order , of more than 600 kg , and with a ground clearance of not more than 1 000 mm ;


### ‘ category t2’ comprises wheeled tractors with a minimum track width of less than 1 150 mm , with an unladen mass , in running order , of more than 600 kg , with a ground clearance of not more than 600 mm and with a maximum design speed of not more than 40 km / h , unless the height of the centre of gravity of the tractor divided by the average minimum track for each axle exceeds 0 , 90 , in which case the maximum design speed is restricted to 30 km / h ; ### ‘ category t2’ comprises wheeled tractors with a minimum track width of less than 1 150 mm , with an unladen mass , in running order , of more than 600 kg , with a ground clearance of not more than 600 mm , and in case the height of the centre of gravity of the tractor divided by the average minimum track for each axle exceeds 0 , 90 , the maximum design speed is restricted to 30 km / h ;


### ‘ category t3’ comprises wheeled tractors with a maximum design speed of not more than 40 km / h , and with an unladen mass , in running order , of not more than 600 kg ; ### ‘ category t3’ comprises wheeled tractors with an unladen mass , in running order , of not more than 600 kg ; it comprises also tractors having a handlebar for steering as defined in article 3 , point 43 a ;


### ‘ category t4’ comprises special purpose wheeled tractors with a maximum design speed of not more than 40 km / h ; ### ‘ category t4’ comprises special purpose wheeled tractors ;


### unless a different agreement has been concluded with the buyer of the vehicle , the certificate of conformity shall be drawn up in an official language of the member state where the vehicle is purchased . ### unless a different agreement has been concluded with the buyer of the vehicle , the certificate of conformity shall be drawn up in one of the official languages of the union , at the choice of the manufacturer .


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


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


### member states shall lay down the provisions on penalties applicable for infringement by manufacturers of the provisions of this regulation and shall take all measures necessary to ensure that they are implemented . the penalties provided for must be effective , proportionate and dissuasive . member states shall notify those provisions to the commission by [ 6 months after publication of this regulation ] and shall notify it without delay of any subsequent amendment affecting them . ### member states shall lay down the provisions on penalties applicable for infringement by manufacturers of the provisions of this regulation and shall take all measures necessary to ensure that they are implemented . the penalties provided for must be effective , proportionate and dissuasive . member states shall notify those provisions to the commission by [ 24 months after publication of this regulation ] and shall notify it without delay of any subsequent amendment affecting them .


### in order for the commission to have a consistent view of the future developments of the union ' s energy system as a whole , a harmonised reporting framework for investment projects based on updated categories for official data and information to be transmitted by the member states is necessary . ### in order for the commission to have a consistent view of the future developments of the union ' s energy system as a whole , a harmonised reporting framework for investment projects based on updated categories for official data and information to be transmitted by the member states is necessary . the harmonised reporting framework should set a balanced system for reporting of investment projects in view of avoiding disproportionate administrative burdens .


### member states , or their delegated entities , and the commission should preserve the confidentiality of commercially sensitive data and information . therefore , member states or their delegated entities should , with the exception of data and information related to cross - border transmission projects , aggregate such data and information at national level before submitting it to the commission . if required the commission should further aggregate this data in such a way that no details concerning individual undertakings and installations are disclosed or can be inferred . ### member states , or their delegated entities , and the commission should preserve the confidentiality of commercially and / or strategically sensitive data and information . therefore , member states or their delegated entities should , with the exception of data and information related to cross - border transmission projects , aggregate such data and information at national level before submitting it to the commission . if required the commission should further aggregate this data in such a way that no details concerning individual undertakings and installations are disclosed or can be inferred .


### member states , the commission , or their delegated entities shall each preserve the confidentiality of commercially sensitive data or information in their possession . ### member states , the commission , or their delegated entities shall each preserve the confidentiality of commercially and / or strategically sensitive data or information in their possession .


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


### text proposed by the council 2 . the commission shall consult the standing committee on the food chain and animal health set up by article 58 of regulation no 178 / 2002 if it considers such consultation to be useful or if a member state so requests . ### the commission shall consult the standing committee on the food chain and animal health set up by article 58 of regulation no 178 / 2002 if it considers such consultation to be useful or if a member state so requests . the commission shall also introduce a formal notification procedure for all stakeholders in accordance with the provisions established in directive 98 / 34 / ec .


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


### the union is a contracting party to the united nations convention on the law of the sea of 10 december 1982 17 and it has ratified the united nations agreement for the implementation of the provisions of the united nations convention on the law of the sea of 10 december 1982 relating to the conservation and management of straddling fish stocks and highly migratory fish stocks of 4 august 1995 18 . it has also accepted the agreement to promote compliance with international conservation and management measures by fishing vessels on the high seas of 24 november 1993 of the food and agriculture organisation of the united nations 19 . these international instruments predominantly foresee conservation obligations , including among other things obligations to take conservation and management measures designed to maintain or restore marine resources at levels which can produce the maximum sustainable yield both within sea areas under national jurisdiction and on the high seas , and to cooperate with other states to this end , obligations to apply the precautionary approach widely to conservation , management and exploitation of fish stocks , obligations to ensure compatibility of conservation and management measures where marine resources occur in sea areas of different jurisdictional status and obligations to have due regard to other legitimate uses of the seas . the common fisheries policy should contribute to the union ' s proper discharge of its international obligations under these international instruments . where member states adopt conservation and management measures , for which they have been empowered in the framework of the common fisheries policy , they should also act in a manner which is fully consistent with the international conservation and cooperation obligations under the said international instruments . ### the union is a contracting party to the united nations convention on the law of the sea of 10 december 1982 17 and it has ratified the united nations agreement for the implementation of the provisions of the united nations convention on the law of the sea of 10 december 1982 relating to the conservation and management of straddling fish stocks and highly migratory fish stocks of 4 august 1995 18 . it has also accepted the agreement to promote compliance with international conservation and management measures by fishing vessels on the high seas of 24 november 1993 of the food and agriculture organisation of the united nations 19 . these international instruments predominantly foresee conservation obligations , including among other things obligations to take conservation and management measures designed to maintain or restore marine resources at levels which can produce the maximum sustainable yield both within sea areas under national jurisdiction and on the high seas , and to cooperate with other states to this end , obligations to ensure compatibility of conservation and management measures where marine resources occur in sea areas of different jurisdictional status and obligations to have due regard to other legitimate uses of the seas . the common fisheries policy should contribute to the union ' s proper discharge of its international obligations under these international instruments . where member states adopt conservation and management measures , for which they have been empowered in the framework of the common fisheries policy , they should also act in a manner which is fully consistent with the international conservation and cooperation obligations under the said international instruments .


### – ‘ catch limit’ means a quantitative limit on landings of a fish stock or group of fish stocks over a given period ; ### – ‘ catch limit’ means a quantitative limit on catches of a fish stock or group of fish stocks over a given period ; irrespective of whether they are taken intentionally or unintentionally .


### multiannual plans shall be based on the precautionary approach to fisheries management and shall take into account the limitations of the available data and assessment methods and all quantified sources of uncertainty in a scientifically valid manner . ### multiannual plans should seek to produce the maximum sustainable yield . such plans shall be based on the precautionary approach to fisheries management and shall take into account the limitations of the available data and assessment methods and all quantified sources of uncertainty in a scientifically valid manner .


### the scope , in terms of stocks , fishery and the marine ecosystem to which the multiannual plan shall be applied ; ### the geographical scope , in terms of stocks , fishery and the marine ecosystem to which the multiannual plan shall be applied ;


### member states shall ensure that conservation measures adopted pursuant to paragraph 1 : ### interested member states shall ensure that conservation measures to be formulated adopted pursuant to paragraph 1 :


### in a technical measures framework established pursuant to article 14 member states may be authorised to adopt measures , in accordance with that framework , which specify the technical measures applicable to vessels flying their flag in relation to stocks in their waters for which they have been allocated fishing opportunities . member states shall ensure that such technical measures : ### where a technical measures framework has been established pursuant to article 14 , interested member states shall cooperate with each other and shall , as far as possible , consult and coordinate with any interested third party in formulating and agreeing technical measures , in accordance with that framework , and any timescale therein . 2 . where a technical measures framework has been established pursuant to article 14 which does not apply to a relevant geographical area , member states shall formulate the technical measures they are empowered to adopt under the technical measures framework , in accordance with that framework , and any timescales specified therein . 3 . interested member states under paragraph 1 and affected member states under paragraph shall ensure that the technical measures to be formulated pursuant to those paragraphs


### member states adopting conservation measures pursuant to article 17 shall notify the commission , other interested member states and relevant advisory councils of such measures . ### interested member states formulating conservation measures pursuant to article 17 shall notify the commission , other interested member states , interested third parties and relevant advisory councils of such proposed measures as may be agreed by some or all of such member states within 12 months of the entry into force of the relevant multiannual plan . 2 . where such conservation measures are agreed by all such interested member states , then each such interested member state shall enact national measures to implement the same and shall notify such measures to the commission , other member states , interested third parties and relevant advisory councils within 6 months of such enactment . 3 . where such conservation measures are not agreed by all such interested member states , then , subject to article 20 below , all interested member states which have so agreed , shall enact national measures to implement the same and shall notify such measures to the commission , other member states , interested third parties and relevant advisory councils within 6 months of such enactment . 4 . the commission shall publish conservation measures adopted according to this article , and shall make this information publicly accessible by publishing it on appropriate websites or providing a direct link to it . with regard to access to environmental information , regulations 1049 / 2001 / ec and 1367 / 2006 / ec shall apply . any natural or legal person affected or likely to be affected by the decision or having a sufficient interest in the decision or , alternatively , alleging the impairment of a right , where administrative procedural law of a member state requires this as a precondition shall be entitled to ask the competent authority of a member state for an internal review of a decision under this article . what constitutes a ' sufficient interest ' and ' impairment of a right ' shall be determined by the member states . to this end , the interest of any non - governmental organisation promoting environmental protection or the economic or social interests of fishermen , and meeting any requirements under national law shall be deemed sufficient for the purpose of subparagraph . such organisation shall also be deemed to have rights capable of being impaired for the purpose of subparagraph . against the decision of the competent authority , the persons mentioned in this paragraph shall have access to a court or other independent and impartial public body competent to review the procedural and substantive legality of the decision . the member states shall determine the court or body which is competent to hear the case . 5 . a member state shall not be entitled to exercise any rights to any fishing opportunity which may apply to it , nor carry out any fishing activities in relation to the stocks and / or the relevant geographical area covered by a multiannual plan unless and until such time as conservation measures are either agreed by an interested member state and enacted by way of national measures pursuant to this article , or adopted by the commission pursuant to article 20 and applicable to such member state . 6 . if a member state is deemed by the commission to have failed to achieve within prescribed timeframes the outcomes that measures introduced in accordance with this article are designed to attain , this shall result in deductions in the following year or years from fishing opportunities allocated by the union to that member state [ under article 16 ] and in the interruption or suspension of payments to that member state or in the application of a financial correction to union financial assistance under the common fisheries policy [ under article 50 ] . such measures shall be proportionate to the nature , extent , duration and repetition of the non compliance .


### member states adopting technical measures pursuant to article 21 shall notify the commission , other interested member states and relevant advisory councils of such measures . ### member states formulating technical measures pursuant to article 21 shall notify the commission , other member states , interested third parties and relevant advisory councils of such proposed measure as may be agreed by some or all of such interested member states within 12 months of the entry into force of the relevant technical measures framework . 2 . where such technical measures are agreed by all such interested member states according to article 21 , or where they are adopted by a member state in accordance with article 21 , then each such member state or interested member state shall enact national measures to implement the agreed or adopted technical measures and shall notify such measures to the commission , other member states , interested third parties and relevant advisory councils within 6 months of such enactment . 3 . where such technical measures are not agreed by all such interested member states , then , subject to article 24 below , all interested member states which have so agreed , shall enact national measures to implement the same and shall notify such measures to the commission , other member states , interested third parties and relevant advisory councils within 6 months of such enactment . 4 . the commission shall publish technical measures adopted according to this article , and shall make this information publicly accessible by publishing it on appropriate websites or providing a direct link to it . with regard to access to environmental information , regulations 1049 / 2001 / ec and 1367 / 2006 / ec shall apply . any natural or legal person affected or likely to be affected by the decision or having a sufficient interest in the decision or , alternatively , alleging the impairment of a right , where administrative procedural law of a member state requires this as a precondition shall be entitled to ask the competent authority of a member state for an internal review of a decision under this article . what constitutes a ' sufficient interest ' and ' impairment of a right ' shall be determined by the member states . to this end , the interest of any non - governmental organisation promoting environmental protection or the economic or social interests of fishermen , and meeting any requirements under national law shall be deemed sufficient for the purpose of subparagraph . such organisation shall also be deemed to have rights capable of being impaired for the purpose of subparagraph . against the decision of the competent authority , the persons mentioned in this paragraph shall have access to a court or other independent and impartial public body competent to review the procedural and substantive legality of the decision . the member states shall determine the court or body which is competent to hear the case . 5 . a member state shall not be entitled to exercise any rights to any fishing opportunity which may apply to , nor carry out any fishing activities in relation to the stocks and / or the relevant geographical area covered by a multiannual plan unless and until such time as technical measures are either agreed by an interested member state or adopted by a member state , and enacted by way of national measures pursuant to this article , or adopted by the commission pursuant to article 20 and applicable to such member state . 6 . if a member state is deemed by the commission to have failed to achieve within prescribed timeframes the outcomes that measures introduced in accordance with this article are designed to attain , this shall result in deductions in the following year or years from fishing opportunities allocated by the union to that member state [ under article 16 ] and in the interruption or suspension of payments to that member state or in the application of a financial correction to union financial assistance under the common fisheries policy [ under article 50 ] . such measures shall be proportionate to the nature , extent , duration and repetition of the non compliance .


### the commission may at any time assess the compatibility and effectiveness of conservation measures adopted by member states pursuant to article 17 . ### the commission may at any time assess the compatibility and effectiveness of conservation measures adopted by member states pursuant to articles 18 , paragraphs 2 or 3 and shall , in any event , assess and report on the same not less than once every 3 years or as may be required by the relevant multiannual plan .


### the commission may at any time assess the compatibility and effectiveness of technical measures adopted by member states pursuant to article 21 . ### the commission may at any time assess the compatibility and effectiveness of technical measures adopted by member states pursuant to article 22 , paragraphs 2 or 3 and shall , in any event , assess and report on the same not less than once every 3 years or as may be required by the relevant technical measures framework .


### with a view to promoting sustainability and contributing to food security , growth and employment , non - binding union strategic guidelines on common priorities and targets for the development of aquaculture activities shall be established by the commission by 2013 . such strategic guidelines shall take account of the relative starting positions and different circumstances throughout the union , shall form the basis for multiannual national strategic plans and shall aim at : ### aquaculture , is , and should remain , of national competence . however , with a view to promoting sustainability and contributing to food security , growth and employment , non - binding union strategic guidelines on common priorities and targets for the development of aquaculture activities shall be established by the commission by 2013 . such strategic guidelines shall take account of the relative starting positions and different circumstances throughout the union , shall form the basis for multiannual national strategic plans and shall aim at :


### it is important to improve consumer protection . to achieve this general objective , specific objectives should be set as regards safety , consumer information and education , rights and redress as well as enforcement in respect of consumer rights . the value and impact of the measures taken under the programme should regularly be monitored and evaluated . for the purposes of evaluating consumer policy indicators should be developed . ### it is important to improve consumer protection . to achieve this general objective , specific objectives should be set as regards safety , consumer information and education , rights and redress as well as enforcement in respect of consumer rights . differences do , however , still exist at national level in these areas , and the measures taken under the programme should be targeted at areas of maximum harmonisation , in order to provide clarity for consumers and businesses . the value and impact of the measures taken under the programme should regularly be monitored and evaluated . for the purposes of evaluating consumer policy indicators should be developed .


### objective 2 - information and education : to improve consumers ' education , information and awareness of their rights , to develop the evidence base for consumer policy and to provide support to consumer organisations . ### objective 2 - information and education : to improve consumers ' information and awareness of their rights where these are fully harmonised at european level , to develop the evidence base for consumer policy and to provide support to consumer organisations .


### this objective will be measured in particular through the recourse to alternative dispute resolution to solve cross - border disputes and through the activity of a union - wide on - line dispute resolution system . ### this objective will be measured in particular through the recourse to alternative dispute resolution to solve cross - border disputes .


### the bonus eeig should encourage the participants in the selected bonus - 169 projects to communicate and disseminate their results widely and to make this information publicly available . ### the bonus eeig should oblige the participants in the selected bonus - 169 projects to communicate and disseminate their results widely and to make this information publicly available .


### the strategic research agenda shall be developed and agreed upon in consultation among participating states , a broad range of stakeholders and the commission . it shall be the basis for a policy - driven programme . it shall broaden the research focus to embody , in addition to the marine ecosystem , a basin approach that addresses the key issues affecting the quality and productivity of the baltic sea region ecosystems . ### the strategic research agenda shall be developed and agreed upon in consultation among participating states , a broad range of stakeholders and the commission . it shall be the basis for a policy - driven programme . it shall broaden the research focus to embody , in addition to the marine ecosystem , a basin approach that addresses the key issues affecting the quality and productivity of the baltic sea region ecosystems . it shall include an estimate of the economic cost of the loss of biodiversity in the region .


### the home member state may make an issuer subject to requirements more stringent than those laid down in this directive , except requiring issuers to publish periodic information other than annual financial reports referred to in article 4 and half - yearly financial reports referred to in article 5 . ### the home member state may make an issuer subject to requirements more stringent than those laid down in this directive , except requiring issuers to publish periodic financial information on a more frequent basis than annual financial reports referred to in article 4 and half - yearly financial reports referred to in article 5 . member states may however impose publication of additional periodic financial information other than the annual financial reports referred to in article 4 and the half - yearly financial reports referred to in article 5 for the following purposes : - protection of financial stability ; and - prudential and conduct regulation of institutions .


### the number of voting rights shall be calculated by reference to the full notional amount of shares underlying the financial instrument . for this purpose , the holder shall aggregate and notify all financial instruments relating to the same underlying issuer . only long positions shall be taken into account for the calculation of voting rights . long positions shall not be netted with short positions relating to the same underlying issuer . ### esma shall develop draft regulatory technical standards to specify the method to calculate the number of voting rights . for this purpose , the holder shall aggregate and notify all financial instruments relating to the same underlying issuer . only long positions shall be taken into account for the calculation of voting rights . long positions shall not be netted with short positions relating to the same underlying issuer .


### the commission shall be empowered to adopt by means of delegated acts in accordance with article 27 , and , and subject to the conditions of articles 27a and 27b , measures to : modify the method to calculate the number of voting rights relating to the financial instruments referred to in paragraph 1a ; specify the types of instruments to be considered as financial instruments within the meaning of paragraph 1b ; specify the contents of the notification to be made , the notification period and to whom the notification is to be made , as referred to in paragraph 1 . ### esma shall develop draft regulatory technical standards to specify the contents of the notification to be made , the notification period and to whom the notification is to be made as referred to in paragraph 1 . esma shall submit those draft regulatory technical standards to the commission by 31 december 2013 . power is delegated to the commission to adopt the regulatory technical standards referred to in the first sub - paragraph in accordance with articles 10 to 14 of regulation no 1095 / 2010 .


### member states shall provide that their respective competent authorities may take appropriate administrative sanctions and measures where the national provisions adopted in the implementation of this directive have not been complied with , and shall ensure that they are applied . those sanctions and measures shall be effective , proportionate and dissuasive . ### without prejudice to the powers of competent authorities in accordance with article 24 and the right of member states to impose criminal sanctions , member states shall provide that their respective competent authorities may take appropriate administrative sanctions and measures where the national provisions adopted in the implementation of this directive have not been complied with and shall ensure that they are applied . those administrative sanctions and measures shall be effective , proportionate and dissuasive .


### a key objective of the common transport policy is sustainable development . this requires an integrated approach aimed at ensuring both the effective functioning of union transport systems and protection of the environment . ### a key objective of the common transport policy is sustainable development . this requires an integrated approach aimed at ensuring the effective functioning of union transport systems alongside the protection of the environment and citizens ' health .


### resolution a33 / 7 of the international civil aviation organisation introduces the concept of a ‘ balanced approach’ to noise management and establishes a coherent method to address aircraft noise . the icao ‘ balanced approach’ should remain the foundation of noise regulation for aviation , as a global industry . the balanced approach recognises the value of , and does not prejudge , relevant legal obligations , existing agreements , current laws and established policies . incorporating the international rules of the balanced approach in this regulation should substantially lessen the risks of international disputes in case third country carriers may be affected by noise - related operating restrictions . ### resolution a33 / 7 of the international civil aviation organisation introduces the concept of a ‘ balanced approach’ to noise management and establishes a coherent method to address aircraft noise . the ' balanced approach ' focuses on four principal elements : reduction of noise at source ; land - use planning and management ; noise abatement operational procedures ; and operating restrictions on aircraft . these principles should remain the foundation of noise regulation for aviation , as a global industry . the balanced approach recognises the value of , and does not prejudge , relevant legal obligations , existing agreements , current laws and established policies . incorporating the international rules of the balanced approach in this regulation should substantially lessen the risks of international disputes in case third country carriers may be affected by noise - related operating restrictions .


### the introduction of operating restrictions by member states at union airports on a case - by - case basis , whilst limiting capacity , can contribute to improving the noise climate around airports . however , there is a possibility of introducing distortions of competition or hampering the overall efficiency of the union aviation network through the inefficient use of existing capacity . since the objectives cannot be sufficiently achieved by the member states and can therefore be more effectively achieved by the union by means of harmonised rules on the introduction of operating restrictions as part of the noise management process , the union may adopt measures in accordance with the principles of subsidiarity as set out in article 5 of the treaty on the functioning of the 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 . such harmonised method does not impose noise quality objectives , which continue to derive from directive 2002 / 49 / ec or other european , national or local rules , and does not prejudge the concrete selection of measures . ### the introduction of operating restrictions by member states at union airports should be carried out on a case - by - case basis . a one - size - fits all approach is not appropriate as no two airports are the same . it is important to set local objectives which stakeholders have played a key role in selecting .


### to facilitate the achievement of specific environmental noise abatement objectives , as laid down in union , national and local rules , and to assess their interdependence with other environmental objectives , at the level of individual airports ; ### to facilitate the achievement of specific environmental noise abatement objectives , as laid down in union , national and local rules , and to assess their interdependence with economic , social and other environmental objectives , at the level of individual airports ;


### not as a first resort , operating restrictions . ### operating restrictions , when there is no viable alternative .


### the competent authorities shall follow up and monitor the implementation of the noise mitigating measures and take action as appropriate . they shall ensure that relevant information is provided on a regular basis to the local residents living in the surroundings of the airports . ### the competent authorities shall follow up and monitor the implementation of the noise mitigating measures and take action as appropriate . they shall ensure that relevant information is made available on - line , thus allowing local residents living in the surroundings of the airports , and other interested parties to access the information freely .


### to overcome exceptional situations of persistent inaction by the competent authority concerned , the authority should be empowered , as a last resort , to adopt decisions addressed to individual financial institutions . this power should be limited to exceptional circumstances in which a competent authority does not comply with the decisions addressed to it and in which community law is directly applicable to financial institutions by virtue of existing30 or future eu regulations . ### to overcome exceptional situations of persistent inaction by the competent authority concerned , the authority should be empowered , as a last resort and only in urgent situations , to adopt decisions addressed to individual financial institutions . this power should be limited to exceptional circumstances in which a competent authority does not comply with the decisions addressed to it and in which community law is directly applicable to financial institutions by virtue of existing or future eu regulations .


### in order to enhance the coherence of the mandate , strengthen the focus of the eib external financing activity on supporting eu policies , and for the maximum benefit of beneficiaries , this decision should set out horizontal high - level objectives in the mandate for eib financing operations across all eligible countries , building on the comparative strengths of the eib in areas where it has a well - proven track record . in all regions covered by this decision , the eib should thus finance projects in the areas of climate change mitigation and adaptation , social and economic infrastructure ) , and local private sector development , in particular in support of small and medium - sized enterprises . within these areas , regional integration among partner countries , including economic integration between pre - accession countries , neighbouring countries and the eu , should be an underlying objective for eib financing operations . ### in order to enhance the coherence of the mandate , strengthen the focus of the eib external financing activity on supporting eu policies , and for the maximum benefit of beneficiaries , this decision should set out horizontal high - level objectives in the mandate for eib financing operations across all eligible countries , building on the comparative strengths of the eib in areas where it has a well - proven track record . in all regions covered by this decision , the eib should thus finance projects in the areas of climate change mitigation and adaptation , social and economic infrastructure in new energy sources , energy security , environmental infrastructure including water and sanitation , as well as information and communication technology ) , and local private sector development , in particular in support of small and medium - sized enterprises to boost sustainable economic growth and jobs creation . within these areas , regional integration among partner countries , including economic integration between pre - accession countries , neighbouring countries and the eu , should be an underlying objective for eib financing operations . the eib should contribute to european foreign direct investment in partner countries , including as part of mutually beneficial public private partnerships , with the objective to promote innovation and development in the aforementioned project areas .


### for the purposes of paragraph 1 , the eib shall provide the commission with yearly reports on eib financing operations carried out under this decision at project , sector , country and regional level and on the fulfilment of the external policy and strategic objectives of the eu , including cooperation with the commission , other international financial institutions and bilateral institutions . ### for the purposes of paragraph 1 , the eib shall provide the commission with yearly reports on eib financing operations carried out under this decision at project , sector , country and regional level and on the fulfilment of the external policy and strategic objectives of the eu , including cooperation with the commission , other international financial institutions and bilateral institutions . any agreement between the eib and other ifis or bilateral institutions related to financial operations under this decision should be notified to the european parliament and the council as part of the commission ' s annual reporting referred to in article 10 of this decision .


### the commission shall present a final report on the application of this decision by 31 october 2014 . ### the commission shall present to the european parliament and the council a final report on the application of this decision by 31 october 2014 .


### credit ratings , whether issued for regulatory purposes or not , have a significant impact on investment decisions . hence , credit rating agencies have an important responsibility towards investors in ensuring that they comply with the rules of regulation no 1060 / 2009 so that their ratings are independent , objective and of adequate quality . however , in the absence of a contractual relationship between the credit rating agency and the investor , investors are not always in a position to enforce the agency ' s responsibility towards them . therefore , it is important to provide for an adequate right of redress for investors who relied on a credit rating issued in breach of the rules of regulation no 1060 / 2009 . the investor should be able to hold the credit rating agency liable for any damage caused by an infringement of that regulation which had an impact on the rating outcome . infringements which do not impact the rating outcome , such as breaches of transparency obligations , should not trigger civil liability claims . ### credit ratings , whether issued for regulatory purposes or not , may have a significant impact on investment decisions . hence , credit rating agencies have an important responsibility towards investors in ensuring that they comply with the rules of regulation no 1060 / 2009 so that their ratings are independent , objective and of adequate quality .