### the commission shall adopt implementing acts , without applying the procedure referred to in article 44 , establishing and maintaininga publicly accessible updatedelectronic register of geographical indications of spirit drinks recognised under this scheme . ### the commission shall adopt implementing acts , without applying the procedure referred to in article 44 , establishing and maintaining an electronic register of geographical indications of spirit drinks recognised under this scheme that is transparent , exhaustive , updated and easily accessible to the public .


### during demonstrations , adequate measures shall be taken to ensure the protection of persons . ### during demonstrations and field tests , adequate measures shall be taken to ensure the protection of persons and to raise their awareness . field tests shall not be designed to test the protection performance of the ppe , but to evaluate for instance comfort , ergonomics and design . all concerned parties shall be formally informed in advance concerning the scope and the purpose of this test . a ' for field test only ' marking shall be clearly and indelibly affixed to the ppe . once the testing period is over , the ppe used shall be returned to the manufacturers .


### manufacturers shall keep the technical documentation and the eu declaration of conformity for at least 10 years after the ppe has been placed on the market . ### manufacturers shall keep the technical documentation and the eu declaration of conformity for at least 10 years after the ppe has been made available on the market .


### manufacturers shall ensure that the ppe which they place on the market bears a type , batch or serial number or other element allowing its identification or , where the size or nature of the ppe does not allow it , that the required information is provided on the packaging or a document accompanying the ppe . ### manufacturers shall ensure that every single ppe which they place on the market bears a type , batch or serial number or other element allowing its identification or , where the size or nature of the ppe does not allow it , that the required information is provided on the packaging or a document accompanying the ppe .


### manufacturers shall indicate , on the ppe , their name , registered trade name or registered trade mark and the postal address at which they can be contacted or , where that is not possible , on its packaging or in a document accompanying the ppe . the address shall indicate a single point at which the manufacturer can be contacted . the contact details shall be in a language easily understood by end - users and market surveillance authorities . ### manufacturers shall indicate , on the ppe , their name , registered trade name or registered trade mark and the postal address at which they can be contacted or , where that is not possible , on its packaging or in a document accompanying the ppe . the address shall indicate a single point at which the manufacturer can be contacted . the contact details shall be in the official language of the end - users in the member state in which ppe is to be made available on the market .


### importers shall ensure that the ppe is accompanied by the instructions referred to in point 1 . 4 of annex ii in a language which can be easily understood by consumers and other end - users , as determined by the member state concerned . ### importers shall ensure that every ppe , including its smallest unit , is accompanied by the instructions and other information set out in point 1 . 4 of annex ii in the official language of the end - users , in the member state in which the ppe is made available on the market , and when possible should be language neutral .


### manufacturers shall , further to a reasoned request from a competent national authority , provide it with all the information and documentation necessary to demonstrate the conformity of the ppe , in a language which can be easily understood by that authority . they shall cooperate with that authority , at its request , on any action taken to eliminate the risks posed by ppe which they have placed on the market . ### manufacturers shall , further to a reasoned request from a competent national authority , provide it with all the information and documentation necessary , in paper or preferably electronic form , to demonstrate the conformity of the ppe , in the official language of that authority . they shall cooperate with that authority , at its request , on any action taken to eliminate the risks posed by ppe which they have placed on the market .


### manufacturers who consider or have reason to believe that ppe which they have placed on the market is not in conformity with this regulation shall immediately take the necessary corrective measures to bring it into conformity , to withdraw it or to recall it , as appropriate . furthermore , where the ppe presents a risk , manufacturers shall immediately inform the market surveillance authorities of the member states in which they made the ppe available on the market to that effect , giving details , in particular , of the non - conformity and of any corrective measures taken . ### manufacturers who consider or have reason to believe that ppe which they have placed on the market is not in conformity with this regulation shall immediately take the necessary corrective measures to bring it into conformity , to withdraw it or to recall it , as appropriate . furthermore , where the ppe presents a risk , manufacturers shall immediately inform the market surveillance authorities of the member states in which they made the ppe available on the market to that effect , giving details , in particular , of the non - conformity and of any corrective measures taken . the market surveillance authorities then have the obligation to inform the public of the risk as long as the corrective measure is not in place . during the setting in conformity period , manufacturers shall recall the ppe in order to ensure a high level protection of end - users .


### importers who consider or have reason to believe that ppe which they have placed on the market is not in conformity with this regulation shall immediately take the corrective measures necessary to bring the ppe into conformity , to withdraw it or to recall it , as appropriate . furthermore , where the ppe presents a risk , importers shall immediately inform the market surveillance authorities of the member states in which they made the ppe available on the market to that effect , giving details , in particular , of the non - conformity and of any corrective measures taken . ### importers who consider or have reason to believe that ppe which they have placed on the market is not in conformity with this regulation shall immediately take the corrective measures necessary to bring the ppe into conformity , to withdraw it or to recall it , as appropriate . such action shall be taken no later than five working days from the day on which importers become aware of that information . furthermore , where the ppe presents a risk , importers shall immediately inform the manufacturer and the market surveillance authorities of the member states in which they made the ppe available on the market to that effect , giving details , in particular , of the non - conformity and of any corrective measures taken . the market surveillance authorities shall then have the obligation to inform the public of the risk as long as the corrective measure is not in place .


### distributors who consider or have reason to believe that ppe which they have made available on the market is not in conformity with the requirements of this regulation shall make sure that the necessary corrective measures are taken to bring it into conformity , to withdraw it or to recall it , as appropriate . furthermore , where the ppe presents a risk , distributors shall immediately inform the market surveillance authorities of the member states in which they have made the ppe available on the market to that effect , giving details , in particular , of the non - conformity and of any corrective measures taken . ### distributors who consider or have reason to believe that ppe which they have made available on the market is not in conformity with the requirements of this regulation shall make sure that the necessary corrective measures are taken to bring it into conformity , to withdraw it or to recall it , as appropriate . furthermore , where the ppe presents a risk , distributors shall immediately inform the manufacturer and importer as well as the market surveillance authorities of the member states in which they have made the ppe available on the market to that effect , giving details , in particular , of the non - conformity and of any corrective measures taken . the market surveillance authorities shall then have the obligation to inform the public of the risk as long as the corrective measure is not in place .


### the date or period of obsolescence of the ppe or of certain of its components ; ### the date or period of obsolescence of the ppe or of its components ;


### these instructions , which must be precise and comprehensible , must be provided at least in the official language of the member state of destination . ### these instructions , which must be precise and comprehensible , must be provided in the official language of the member state of destination in order to allow the end - user to safely and correctly use the ppe . any additional relevant instructions for selection , use , care and maintenance of the ppe must be made available in a way that is easily accessible to any concerned person .


### for made - to - measure ppe the manufacturer shall take all measures necessary so that the manufacturing process and its monitoring ensure conformity of the manufactured made - to - measure ppe with the basic model described in the eu type - examination certificate and with the applicable essential health and safety requirements . ### for made - to - measure ppe the manufacturer shall take all measures necessary so that the production process and its monitoring ensure conformity of the made - to - measure ppe with the basic model described in the eu type - examination certificate and with the applicable essential health and safety requirements . for individually adapted ppe the manufacturer shall take all measures necessary so that the adaptation process and its monitoring ensure conformity of the individually adapted ppe with the basic model described in the eu type - examination certificate and with the applicable essential health and safety requirements .


### at union level , reports by whistleblowers are one upstream component of enforcement of union law : they feed national and union enforcement systems with information leading to effective detection , investigation and prosecution of breaches of union law . ### at union level , reports by whistleblowers and investigative journalists are one upstream component of enforcement of union law : they feed national and union enforcement systems with information leading to effective detection , investigation and prosecution of breaches of union law .


### the protection of the financial interests of the union , which relates to the fight against fraud , corruption and any other illegal activity affecting the use of union expenditures , the collection of union revenues and funds or union assets , is a core area in which enforcement of union law needs to be strengthened . the strengthening of the protection of the financial interests of the union also encompasses implementation of the union budget related to expenditures made on the basis of the treaty establishing the european atomic energy community . lack of effective enforcement in the area of the financial interests of the union , including fraud and corruption at national level , causes a decrease of the union revenues and a misuse of eu funds , which can distort public investments and growth and undermine citizens’ trust in eu action . whistleblower protection is necessary to facilitate the detection , prevention and deterrence of relevant fraud and illegal activities . ### the protection of the financial interests of the union , which relates to the fight against fraud , corruption and any other illegal activity affecting the use of union expenditures , the collection of union revenues and funds or union assets , is a core area in which enforcement of union law needs to be strengthened . the strengthening of the protection of the financial interests of the union also encompasses implementation of the union budget related to expenditures made on the basis of the treaty establishing the european atomic energy community . lack of effective enforcement in the area of the financial interests of the union , including fraud and corruption at national level , causes a decrease of the union revenues and a misuse of eu funds , which can distort public investments and growth and undermine citizens’ trust in eu action . investigative journalists also play a crucial role in revealing wrongdoing connected to all these areas ; they represent a very exposed group of professionals , often paying with their jobs , freedom and even with their lives disclosure of massive irregularities and corruption schemes ; therefore , special measures to protect investigative journalists should be included in a horizontal legislative proposal for the protection of whistle - blowers . investigative journalism and whistleblower protection are necessary to facilitate the detection , prevention and deterrence of relevant fraud and illegal activities .


### it is for the member states to identify the authorities competent to receive and give appropriate follow up to the reports on breaches falling within the scope of this directive . these may be regulatory or supervisory bodies in the areas concerned , law enforcement agencies , anti - corruption bodies and ombudsmen . the authorities designated as competent shall have the necessary capacities and powers to assess the accuracy of the allegations made in the report and to address the breaches reported , including by launching an investigation , prosecution or action for recovery of funds , or other appropriate remedial action , in accordance with their mandate . ### it is for the member states to identify the authorities competent to receive and give appropriate follow up to the reports on breaches falling within the scope of this directive . these may be judicial authorities , regulatory or supervisory bodies in the areas concerned , law enforcement agencies , anti - corruption bodies and ombudsmen . the authorities designated as competent should be independent and have the necessary capacities and powers to impartially and objectively assess the accuracy of the allegations made in the report and to address the breaches reported , including by launching an investigation , prosecution or action for recovery of funds , or other appropriate remedial action , in accordance with their mandate .


### the most appropriate persons or departments within a private legal entity to be designated as competent to receive and follow up on reports depend on the structure of the entity , but , in any case , their function should ensure absence of conflict of interest and independence . in smaller entities , this function could be a dual function held by a company officer well placed to report directly to the organisational head , such as a chief compliance or human resources officer , a legal or privacy officer , a chief financial officer , a chief audit executive or a member of the board . ### the most appropriate persons or departments within a private legal entity to be designated as competent to receive and follow up on reports depend on the structure of the entity , but , in any case , their function should ensure absence of conflict of interest and independence . a set of rules regarding civil liability in the event of wilful misconduct or gross negligence on the part of such entities should be provided for . in smaller entities , this function could be a dual function held by a company officer well placed to report directly to the organisational head , such as a chief compliance or human resources officer , a legal or privacy officer , a chief financial officer , a chief audit executive or a member of the board .


### this directive introduces minimum standards and member states should have the power to introduce or maintain more favourable provisions to the reporting person , provided that such provisions do not interfere with the measures for the protection of concerned persons . ### this directive introduces minimum standards and member states should have the power to introduce or maintain more favourable provisions to the reporting person , provided that such provisions do not interfere with the measures for the protection of concerned persons . member states may also offer commensurate rewards for information leading to the prevention of major financial losses or to the recovery of substantial amounts by the european union .


### article 3 definitions for the purposes of this directive , the following definitions shall apply : ' breaches ' means actual or potential unlawful activities or abuse of law relating to the union acts and areas falling within the scope referred to in article 1 and in the annex ; ‘ unlawful activities’ means acts or omissions contrary to union law ; ‘ abuse of law’ means acts or omissions falling within the scope of union law which do not appear to be unlawful in formal terms but defeat the object or the purpose pursued by the applicable rules ; ‘ information on breaches’ means evidence about actual breaches as well as reasonable suspicions about potential breaches which have not yet materialised ; ‘ report’ means the provision of information relating to a breach which has occurred or is likely to occur in the organisation at which the reporting person works or has worked or in another organisation with which he or she is or was in contact through his or her work ; ‘ internal reporting’ means provision of information on breaches within a public or private legal entity ; ‘ external reporting’ means provision of information on breaches to the competent authorities ; ‘ disclosure’ means making information on breaches acquired within the work - related context available to the public domain ; ‘ reporting person’ means a natural or legal person who reports or discloses information on breaches acquired in the context of his or her work - related activities ; ‘ work - related context’ means current or past work activities in the public or private sector through which , irrespective of their nature , persons may acquire information on breaches and within which these persons may suffer retaliation if they report them ; ‘ concerned person’ means a natural or legal person who is referred to in the report or disclosure as a person to whom the breach is attributed or with which he or she is associated ; ‘ retaliation’ means any threatened or actual act or omission prompted by the internal or external reporting which occurs in a work - related context and causes or may cause unjustified detriment to the reporting person ; ‘ follow - up’ means any action taken by the recipient of the report , made internally or externally , to assess the accuracy of the allegations made in the report and , where relevant , to address the breach reported , including actions such as internal enquiry , investigation , prosecution , action for recovery of funds and closure ; ‘ competent authority’ means any national authority entitled to receive reports in accordance with chapter iii and designated to carry out the duties provided for in this directive , in particular as regards the follow up of reports . ### article 3 definitions for the purposes of this directive , the following definitions shall apply : ' breaches ' means actual or potential unlawful activities or abuse of law or other forms of misconduct which undermine or endanger the public interest in any field of union competence ; ‘ unlawful activities’ means acts or omissions contrary to union law ; ‘ abuse of law’ means acts or omissions falling within the scope of union law which do not appear to be unlawful in formal terms but defeat the object or the purpose pursued by the applicable rules ; ‘ information on breaches’ means evidence , confidential or otherwise , about actual breaches as well as reasonable suspicions about potential breaches which have not yet materialised ; ‘ report’ means the provision of information relating to a breach which has occurred or is likely to occur ; ‘ internal reporting’ means provision of information on breaches within a public or private legal entity ; ‘ external reporting’ means provision of information on breaches to the competent authorities ; ‘ disclosure’ means making information on breaches acquired within the work - related context available to the public domain by revealing them to media , civil society organizations or another body not falling under of this article ; ‘ reporting person’ means a natural or legal person who reports or discloses information on breaches acquired in the context of his or her work - related activities ; ‘ intermediary” means a natural or legal person who facilitates the report or disclosure ; ‘ work - related context’ means current or past work activities in the public or private sector through which , irrespective of their nature , persons may acquire information on breaches ; ‘ concerned person’ means a natural or legal person who is referred to in the report or disclosure as a person to whom the breach is attributed or with which he or she is or was associated ; ‘ retaliation’ means any threatened or actual act or omission prompted by the internal or external reporting or a public disclosure which causes or may cause unjustified direct or indirect detriment to the reporting person , to his or her colleagues , personal contacts or to persons facilitating the reporting and disclosure ; ‘ follow - up’ means any action taken by the recipient of the report , made internally or externally , to assess the accuracy of the allegations made in the report and , where relevant , to address the breach reported , including actions such as internal enquiry , investigation , prosecution , action for recovery of funds and closure ; ‘ competent authority’ means any authority entitled to receive reports in accordance with chapter iii and designated to carry out the duties provided for in this directive , in particular as regards the follow up of reports .


### article 7 design of external reporting channels dedicated external reporting channels shall be considered independent and autonomous , if they meet all of the following criteria : they are separated from general communication channels of the competent authority , including those through which the competent authority communicates internally and with third parties in its ordinary course of business ; b ) they are designed , set up and operated in a manner that ensures the completeness , integrity and confidentiality of the information and prevents access to non - authorised staff members of the competent authority ; c ) they enable the storage of durable information in accordance with article 11 to allow for further investigations . 2 . the dedicated reporting channels shall allow for reporting in at least all of the following ways : written report in electronic or paper format ; b ) oral report through telephone lines , whether recorded or unrecorded ; c ) physical meeting with dedicated staff members of the competent authority . 3 . competent authorities shall ensure that a report received by means other than dedicated reporting channels referred to in paragraphs 1 and 2 is promptly forwarded without modification to the dedicated staff members of the competent authority by using dedicated communication channels . 4 . member states shall establish procedures to ensure that , where a report being initially addressed to a person who has not been designated as responsible handler for reports that person is refrained from disclosing any information that might identify the reporting or the concerned person . ### article 7 design of external reporting channels dedicated external reporting channels shall be considered independent , autonomous , clear and transparent if they meet all of the following criteria : they are separated from general communication channels of the competent authority , including those through which the competent authority communicates internally and with third parties in its ordinary course of business ; b ) they are designed , set up and operated in a manner that ensures the completeness , integrity and confidentiality of the identity and / or the anonymity of the reporting person or intermediaries ; ba ) they prevent access to non - authorised persons ; c ) they enable the storage of durable information in accordance with article 11 to allow for further investigations ; ca ) they are easily accessible also to people with disabilities . 2 . the dedicated reporting channels shall allow for reporting in at least all of the following ways : written report in electronic or paper format , including options for anonymous disclosures , as well as disclosures employing cryptographic methods ; b ) oral report through telephone lines , whether recorded or unrecorded ; c ) physical meeting with dedicated staff members of the competent authority . 3 . competent authorities shall ensure that a report received by means other than dedicated reporting channels referred to in paragraphs 1 and 2 is promptly forwarded without modification to the dedicated staff members of the competent authority by using dedicated communication channels . 4 . member states shall establish procedures to ensure that , where a report being initially addressed to a person who has not been designated as responsible handler for reports that person is refrained from disclosing any information that might identify the reporting or the concerned person .


### member states may introduce or retain provisions more favourable to the rights of the reporting persons than those set out in this directive , without prejudice to article 16 and article 17 . ### member states may introduce or retain provisions more favourable to the rights of the reporting persons than those set out in this directive , without prejudice to article 16 and article 17 . in particular , it is possible to establish a reward system that may offer a fair reward in the event that the reporting results in the prevention of considerable damage to its assets or the recovery of large sums by the eu .


### the union’s ability to respond to the increasing pressure on water resources could be enhanced by wider reuse of treated waste water . directive 2000 / 60 / ec of the european parliament and of the council15 mentions the reuse of water as one of the supplementary measures member states may choose to apply to achieve the directive’s objectives of good qualitative and quantitative water status for surface waters and groundwaters . council directive 91 / 271 / eec16 requires that treated waste water be reused whenever appropriate . __________________ 15 directive 2000 / 60 / ec of the european parliament and of the council of 23 october 2000 establishing a framework for community action in the field of water policy . 16 council directive 91 / 271 / eec of 21 may 1991 concerning urban waste water treatment . ### the union’s ability to respond to the increasing pressures on water resources could be enhanced by wider reuse of waste water , reclaimed in environmentally safe conditions in order to avoid changes to ecosystems , soil and crops , as well as the emergence of health and hygiene risks to the population , and thereby reducing the abstraction of surface and ground water and the impact of treated urban waste water discharges on the water bodies receiving them . directive 2000 / 60 / ec of the european parliament and of the council15 mentions the reuse of water as one of the supplementary measures member states may choose to apply to achieve the directive’s objectives of good qualitative and quantitative water status for surface waters and groundwaters . council directive 91 / 271 / eec16 requires that treated waste water be reused whenever appropriate . __________________ 15 directive 2000 / 60 / ec of the european parliament and of the council of 23 october 2000 establishing a framework for community action in the field of water policy . 16 council directive 91 / 271 / eec of 21 may 1991 concerning urban waste water treatment .


### reuse of appropriately treated waste water , for example from urban waste water treatment plants or industrial installations , is considered to have a lower environmental impact than other alternative water supply methods , such as water transfers or desalination , but such reuse only occurs to a limited extent in the union . this appears to be partly due to the lack of common union environmental or health standards for water reuse , and , as regards in particular agricultural products , the potential obstacles to the free movement of such products irrigated with reclaimed water . ### reuse of appropriately treated waste water , for example from urban waste water treatment plants , is considered to have a lower environmental impact than other alternative water supply methods , such as water transfers or desalination , but such reuse , which could reduce water wastage and save water , only occurs to a limited extent in the union . this appears to be partly due to the lack of common union environmental and health standards for water reuse , and , as regards in particular agricultural products , the potential obstacles to the free movement of such products irrigated with reclaimed water .


### health standards in relation to food hygiene for agricultural products irrigated with reclaimed water can be achieved only if quality requirements for reclaimed water destined for agricultural irrigation do not differ significantly in member states . harmonisation of requirements will also contribute to the efficient functioning of the internal market in relation to such products . it is therefore appropriate to introduce minimum harmonisation by setting minimum requirements for water quality and monitoring . those minimum requirements should consist of minimum parameters for reclaimed water and other stricter or additional quality requirements imposed , if necessary , by competent authorities together with any relevant preventive measures . in order to identify stricter or additional requirements for water quality , the reclamation plant operators should perform key risk management tasks . the parameters are based on the technical report of the commission joint research centre and reflect the international standards on water reuse . ### health standards in relation to food hygiene for agricultural products irrigated with reclaimed water can be achieved only if minimum requirements regarding the reuse of the water enable a high quality level to be achieved for reclaimed water destined for agricultural irrigation through the reduction of the microbial load , of excess nutrients , toxic substances and substances of growing concern , such as perfluorinated alkyl substances , and other substances with endocrine - disrupting properties . harmonisation of requirements will also contribute to the efficient functioning of the internal market in relation to such products . it is therefore appropriate to introduce minimum harmonisation by setting minimum requirements for water quality and monitoring . those minimum requirements should consist of minimum parameters for reclaimed water and other stricter or additional quality requirements imposed , if necessary , by competent authorities together with any relevant preventive measures . in order to identify stricter or additional requirements for water quality , the reclamation plant operators , distributors and end - users should perform key risk management tasks . the parameters are based on the technical report of the commission joint research centre and reflect the international standards on water reuse .


### the adherence to minimum requirements for water reuse should help support the achievement of the sustainable development goals of the united nations 2030 agenda for sustainable development , in particular goal 6 , to ensure the availability and sustainable management of water and sanitation for all as well as a substantial increase in recycling and safe reuse of water globally . furthermore , this regulation seeks to ensure the application of article 37 on environmental protection of the charter of fundamental rights of the european union . ### the adherence to minimum requirements for water reuse should be consistent with union water policy and help support the achievement of the sustainable development goals of the united nations 2030 agenda for sustainable development , in particular goal 6 , to ensure the availability and sustainable management of water and sanitation for all as well as a substantial increase in recycling and safe reuse of water globally . furthermore , this regulation seeks to ensure the application of article 37 on environmental protection of the charter of fundamental rights of the european union .


### risk management should comprise identifying and managing risks in a proactive way and incorporate the concept of producing reclaimed water of a quality required for particular uses . the risk assessment should be based on key risk management tasks and should identify any additional water quality requirements necessary to ensure sufficient protection of the environment , human and animal health . ### risk management should comprise identifying and managing risks as a precautionary measure and should incorporate the concept of producing , distributing and reusing reclaimed water of a quality required for particular uses . the risk assessment should be based on the precautionary principle , build on key risk management tasks and enable the identification of any additional water quality requirements necessary to ensure adequate protection of the environment and of human , animal and plant health .


### the provisions of this regulation are complementary to the requirements of other union legislation , in particular with regard to possible health and environmental risks . in order to ensure a holistic approach to addressing possible human and animal health , and environmental risks , the reclamation plant operators and the competent authorities should therefore take into account the requirements laid down in other relevant union legislation , in particular council directives 86 / 278 / eec , 91 / 676 / eec20 and 98 / 83 / ec21 , directives 91 / 271 / eec and 2000 / 60 / ec , regulations no 178 / 200222 , no 852 / 200423 , no 183 / 200524 , no 396 / 200525 and 1069 / 200926 of the european parliament and of the council , directives 2006 / 7 / ec27 , 2006 / 118 / ec28 , 2008 / 105 / ec29 and 2011 / 92 / eu30 of the european parliament and of the council , commission regulations no 2073 / 200531 , no 1881 / 200632 and 142 / 201133 . __________________ 20 council directive 91 / 676 / eec of 12 december 1991 concerning the protection of waters against pollution caused by nitrates from agricultural sources . 21 council directive 98 / 83 / ec of 3 november 1998 on the quality of water intended for human consumption . 22 regulation no 178 / 2002 of the european parliament and of the council of 28 january 2002 laying down the general principles and requirements of food law , establishing the european food safety authority and laying down procedures in matters of food safety . 23 regulation no 852 / 2004 of the european parliament and of the council of 29 april 2004 on the hygiene of foodstuffs . 24 regulation 183 / 2005 of the european parliament and the council of 12 january 2005 laying down requirements for feed hygiene . 25 regulation no 396 / 2005 of the european parliament and of the council of 23 february 2005 on maximum residue levels of pesticides in or on food and feed of plant and animal origin and amending council directive 91 / 414 / eec 26 regulation no 1069 / 2009 of the european parliament and of the council of 21 october 2009 laying down health rules as regards animal by - products and derived products not intended for human consumption and repealing regulation no 1774 / 2002 27 directive 2006 / 7 / ec of the european parliament and of the council of 15 february 2006 concerning the management of bathing water quality and repealing directive 76 / 160 / eec 28 directive 2006 / 118 / ec of the european parliament and of the council of 12 december 2006 on the protection of groundwater against pollution and deterioration . 29 directive 2008 / 105 / ec of the european parliament and of the council of 16 december 2008 on environmental quality standards in the field of water policy , amending and subsequently repealing council directives 82 / 176 / eec , 83 / 513 / eec , 84 / 156 / eec , 84 / 491 / eec , 86 / 280 / eec and amending directive 2000 / 60 / ec of the european parliament and of the council . 30 directive 2011 / 92 / eu of the european parliament and of the council of 13 december 2011 on the assessment of the effects of certain public and private projects on the environment . 31 commission regulation no 2073 / 2005 of 15 november 2005 on microbiological criteria for foodstuffs 32 commission regulation no 1881 / 2006 of 19 december 2006 setting maximum levels for certain contaminants in foodstuffs 33 commission regulation no 142 / 2011 of 25 february 2011 implementing regulation no 1069 / 2009 of the european parliament and of the council laying down health rules as regards animal by - products and derived products not intended for human consumption and implementing council directive 97 / 78 / ec as regards certain samples and items exempt from veterinary checks at the border under that directive text with eea relevance ### the provisions of this regulation are complementary to the requirements of other union legislation , in particular with regard to possible health and environmental risks . in order to ensure a holistic approach to addressing possible human , animal and plant health risks in addition to those relating to environmental protection , the competent authorities should therefore comply with the requirements laid down in other relevant union legislation , in particular council directives 86 / 278 / eec , 91 / 676 / eec20 and 98 / 83 / ec21 , directives 91 / 271 / eec and 2000 / 60 / ec , regulations no 178 / 200222 , no 852 / 200423 , no 183 / 200524 , no 396 / 200525 and 1069 / 200926 of the european parliament and of the council , directives 2006 / 7 / ec27 , 2006 / 118 / ec28 , 2008 / 105 / ec29 and 2011 / 92 / eu30 of the european parliament and of the council , commission regulations no 2073 / 200531 , no 1881 / 200632 and 142 / 201133 . __________________ 20 council directive 91 / 676 / eec of 12 december 1991 concerning the protection of waters against pollution caused by nitrates from agricultural sources . 21 council directive 98 / 83 / ec of 3 november 1998 on the quality of water intended for human consumption . 22 regulation no 178 / 2002 of the european parliament and of the council of 28 january 2002 laying down the general principles and requirements of food law , establishing the european food safety authority and laying down procedures in matters of food safety . 23 regulation no 852 / 2004 of the european parliament and of the council of 29 april 2004 on the hygiene of foodstuffs . 24 regulation 183 / 2005 of the european parliament and the council of 12 january 2005 laying down requirements for feed hygiene . 25 regulation no 396 / 2005 of the european parliament and of the council of 23 february 2005 on maximum residue levels of pesticides in or on food and feed of plant and animal origin and amending council directive 91 / 414 / eec 26 regulation no 1069 / 2009 of the european parliament and of the council of 21 october 2009 laying down health rules as regards animal by - products and derived products not intended for human consumption and repealing regulation no 1774 / 2002 27 directive 2006 / 7 / ec of the european parliament and of the council of 15 february 2006 concerning the management of bathing water quality and repealing directive 76 / 160 / eec 28 directive 2006 / 118 / ec of the european parliament and of the council of 12 december 2006 on the protection of groundwater against pollution and deterioration . 29 directive 2008 / 105 / ec of the european parliament and of the council of 16 december 2008 on environmental quality standards in the field of water policy , amending and subsequently repealing council directives 82 / 176 / eec , 83 / 513 / eec , 84 / 156 / eec , 84 / 491 / eec , 86 / 280 / eec and amending directive 2000 / 60 / ec of the european parliament and of the council . 30 directive 2011 / 92 / eu of the european parliament and of the council of 13 december 2011 on the assessment of the effects of certain public and private projects on the environment . 31 commission regulation no 2073 / 2005 of 15 november 2005 on microbiological criteria for foodstuffs 32 commission regulation no 1881 / 2006 of 19 december 2006 setting maximum levels for certain contaminants in foodstuffs 33 commission regulation no 142 / 2011 of 25 february 2011 implementing regulation no 1069 / 2009 of the european parliament and of the council laying down health rules as regards animal by - products and derived products not intended for human consumption and implementing council directive 97 / 78 / ec as regards certain samples and items exempt from veterinary checks at the border under that directive text with eea relevance


### ‘ preventive measure’ means any action or activity that can be used to prevent or eliminate a health and environmental risk , or reduce it to an acceptable level . ### ‘ preventive measure’ means any action or activity that can be used to prevent or eliminate a health and environmental risk at source , or reduce it to an acceptable level .


### an operator shall submit an application for the permit referred to in paragraph 1 , or for a modification of an existing permit to the competent authority of the member state in which the reclamation plant operates or is planned to operate . ### a recovery plant operator or distribution network operator shall submit an application for the permit referred to in paragraph 1 , or for a modification of an existing permit , to the competent authority of the member state in which the recovery plant or distribution network operates or is planned to operate .


### any other conditions necessary to further mitigate any unacceptable risks to the human and animal health or the environment . ### any other conditions necessary to eliminate any unacceptable risks to the human and animal health or the environment .


### if an incident affecting compliance with the permit’s conditions occurs , the reclamation plant operator shall immediately inform the competent authority and the end - user which may be potentially affected , and communicate to the competent authority the information necessary for assessing the impacts of such an incident . ### if an incident affecting compliance with the permit’s conditions occurs , the reclamation plant operator shall immediately inform the competent authority and the end - user which may be potentially affected , and communicate to the competent authority all the information necessary for assessing the impacts of such an incident .


### as set out in the reflection paper on the social dimension of europe16 and the european pillar of social rights17 , building a more inclusive and fairer union is a key priority for the union to tackle inequality and foster social inclusion policies in europe . inequality of opportunities affects in particular access to education , training and health . investment in the social , skills and human capital - related economy , as well as in the integration of vulnerable populations in the society , can enhance economic opportunities , especially if coordinated at union level . the investeu fund should be used to support investment in education and training , help increase employment , in particular among the unskilled and long - term unemployed , and improve the situation with regard to intergenerational solidarity , the health sector , homelessness , digital inclusiveness , community development , the role and place of young people in society as well as vulnerable people , including third country nationals . the investeu programme should also contribute to the support of european culture and creativity . to counter the profound transformations of societies in the union and of the labour market in the coming decade , it is necessary to invest in human capital , microfinance , social enterprise finance and new social economy business models , including social impact investment and social outcomes contracting . the investeu programme should strengthen nascent social market eco - system , increasing the supply of and access to finance to micro - and social enterprises , to meet the demand of those who need it the most . the report of the high - level task - force on investing in social infrastructure in europe18 has identified investment gaps in social infrastructure and services , including for education , training , health and housing , which call for support , including at the union level . therefore , the collective power of public , commercial and philanthropic capital , as well as support from foundations , should be harnessed to support the social market value chain development and a more resilient union . _________________ 16 com 206 . 17 com 250 . 18 published as european economy discussion paper 074 in january 2018 . ### as set out in the reflection paper on the social dimension of europe16 and the european pillar of social rights17 , building a more inclusive and fairer union is a key priority for the union to tackle inequality and foster social inclusion policies in europe . inequality of opportunities affects in particular access to education , training and health . investment in the social , skills and human capital - related economy , as well as in the integration of vulnerable populations in the society , can enhance economic opportunities , especially if coordinated at union level . the investeu fund should be used to support investment in education and training , as well as in maintenance and modernisation of educational facilities , including seismic retrofit and the elimination of architectural barriers , help increase employment , in particular among the unskilled and long - term unemployed , and improve the situation with regard to intergenerational solidarity , the health sector , homelessness , digital inclusiveness , community development , the role and place of young people in society as well as vulnerable people , including third country nationals . the investeu programme should also contribute to the support of european culture and creativity . to counter the profound transformations of societies in the union and of the labour market in the coming decade , it is necessary to invest in human capital , microfinance , social enterprise finance and new social economy business models , including social impact investment and social outcomes contracting . the investeu programme should strengthen nascent social market eco - system , increasing the supply of and access to finance to micro - and social enterprises , to meet the demand of those who need it the most . the report of the high - level task - force on investing in social infrastructure in europe18 has identified investment gaps in social infrastructure and services , including for education , training , health and housing , which call for support , including at the union level . therefore , the collective power of public , commercial and philanthropic capital , as well as support from foundations , should be harnessed to support the social market value chain development and a more resilient union . _________________ 16 com 206 . 17 com 250 . 18 published as european economy discussion paper 074 in january 2018 .


### education and training , including early childhood education and care , educational facilities , student housing and digital equipment ; ### education and training , including early childhood education and care , interventions aimed at the&#160 ; maintenance and modernisation of educational facilities , including seismic retrofit and the elimination of architectural barriers , student housing and digital equipment ;


### on 28 june 2016 , the european council concluded that “the investment plan for europe , in particular the european fund for strategic investments , has already delivered concrete results and is a major step to help mobilise private investment while making smart use of scarce budgetary resources . the commission intends to soon put forward proposals on the future of the efsi , which should be examined as a matter of urgency by the european parliament and the council . ” ### on 28 june 2016 the european council , despite not having at its disposal any independent assessment containing accurate and objective statistics , concluded that “the investment plan for europe , in particular the european fund for strategic investments , has already delivered concrete results and is a major step to help mobilise private investment while making smart use of scarce budgetary resources . the commission intends to soon put forward proposals on the future of the efsi , which should be examined as a matter of urgency by the european parliament and the council . ”


### in line with the exceptional market demand for sme financing under the efsi which is expected to continue , the efsi sme window should be enhanced . particular attention should be paid to social enterprises , including through the development and deployment of new instruments . ### in line with the exceptional market demand for sme financing under the efsi which is expected to continue , the efsi sme window should be enhanced . particular attention should be paid to social enterprises , including through the development and deployment of new instruments . experience so far nevertheless points to a sharp increase in indirect financing in respect of smes , through highly opaque structures and speculative investment funds geared towards maximising short - term profits rather than towards supporting the real economy and the smes themselves .


### leveraging local knowledge to facilitate efsi support across the union and contributing where possible to the objective of sectorial and geographical diversification of the efsi referred to in section 8 of annex ii by supporting the eib to originate operations ; ### leveraging local knowledge to facilitate efsi support across the union and contributing where possible to the objectives of economic and social cohesion , sectorial and geographical diversification of the efsi referred to in section 8 of annex ii by supporting the eib to originate operations ; ’


### the transition to clean energy requires changes in investment behaviour and incentives across the entire policy spectrum . it is a key union priority to establish a resilient energy union to provide secure , sustainable , competitive and affordable energy to its citizens . achieving this requires continuation of ambitious climate action with this regulation and progress on the other aspects of energy union as set out in the framework strategy for a resilient energy union with a forward - looking climate change policy16 . __________________ 16 com 80 . ### the transition to clean energy requires changes in investment behaviour and incentives across the entire policy spectrum , starting with the reduction and optimisation of energy consumption . it is a key union priority to establish a resilient energy union to provide secure , sustainable , competitive and affordable energy to its citizens . achieving this requires continuation of ambitious climate action with this regulation and progress on the other aspects of energy union as set out in the framework strategy for a resilient energy union with a forward - looking climate change policy16 . __________________ 16 com 80 .


### in order to ensure efficient , transparent and cost - effective reporting and verification of greenhouse gas emissions and of other information necessary to assess progress with member state ' s annual emissions allocations , the requirements for annual reporting and evaluation under this regulation are integrated with the relevant articles under regulation no . 525 / 2013 , which should therefore be amended accordingly . the amendment of that regulation should also ensure that progress of member states in making emission reductions continues to be evaluated annually , taking into account progress in union policies and measures and information from member states . every two years , the evaluation should include the projected progress of the union towards meeting its reduction commitments and of member states towards fulfilling their obligations . however , the application of deductions should only be considered at five - year intervals , so that the potential contribution from deforested land , afforested land , managed cropland and managed grassland taking place pursuant to regulation [ ] can be considered . this is without prejudice to the duty of the commission to ensure compliance with the obligations of member states resulting from this regulation or to the power of the commission to initiate infringement proceedings for this purpose . ### in order to ensure efficient , transparent and cost - effective reporting and verification of greenhouse gas emissions and of other information necessary to assess progress with member state ' s annual emissions allocations , the requirements for annual reporting and evaluation under this regulation are integrated with the relevant articles under regulation no . 525 / 2013 , which should therefore be amended accordingly . the amendment of that regulation should also ensure that progress of member states in making emission reductions continues to be evaluated annually , taking into account progress in union policies and measures and information from member states . every two years , the evaluation should include the projected progress of the union towards meeting its reduction commitments and of member states towards fulfilling their obligations . the application of deductions must be annual , and the commission must ensure compliance with the obligations of member states resulting from this regulation by exercising all its powers and prerogatives , including the power to initiate infringement proceedings in the event of non - compliance .


### as a means to enhance the overall cost - effectiveness of total reductions , member states should be able to transfer part of their annual emission allocation to other member states . the transparency of such transfers should be ensured and may be carried out in a manner that is mutually convenient , including by means of auctioning , the use of market intermediaries acting on an agency basis , or by way of bilateral arrangements . ### as a means to enhance the overall cost - effectiveness of total reductions , member states should be able to transfer part of their annual emission allocation to those member states whose total reduction targets have already been attained . the transparency of such transfers should be ensured by way of bilateral arrangements .


### this regulation lays down obligations on the minimum contributions of member states to meeting the greenhouse gas emission reduction commitment of the union for the period from 2021 to 2030 , rules on determining annual emission allocations and for the evaluation of member states ' progress towards meeting their minimum contributions . ### this regulation lays down the annual obligations for member states to reduce greenhouse gas emissions in the sectors not covered by directive 2003 / 87 / ec which are necessary in order to attain an overall reduction equivalent to 30% at eu level for the period from 2021 to 2030 . rules on determining annual emission allocations and for the evaluation of member states ' progress towards meeting their minimum contributions shall also be established .


### the commission shall adopt an implementing act setting out the annual emission allocations for the years from 2021 to 2030 in terms of tonnes of co2 equivalent as specified in paragraphs 1 and 2 . for the purposes of this implementing act , the commission shall carry out a comprehensive review of the most recent national inventory data for the years 2005 and 2016 to 2018 submitted by member states pursuant to article 7 of regulation no 525 / 2013 . ### the commission shall adopt an implementing act setting out the annual emission allocations for the years from 2021 to 2030 in terms of tonnes of co2 equivalent as specified in paragraphs 1 and 2 . for the purposes of this implementing act , the commission shall carry out a comprehensive review of the most recent national inventory data for the years 2005 and 2014 to 2016 submitted by member states pursuant to article 7 of regulation no 525 / 2013 .


### in respect of the years 2021 to 2029 , a member state may borrow a quantity of up to 5% from its annual emission allocation for the following year . ### in respect of the years 2021 to 2025 , a member state may borrow a quantity of up to 3% from its annual emission allocation for the following year .


### to the extent that a member state ' s emissions exceed its annual emission allocations for a given year , a quantity up to the sum of total net removals and total net emissions from the combined accounting categories of deforested land , afforested land , managed cropland and managed grassland referred to in article 2 of regulation [ ] [ lulucf ] may be taken into account for its compliance under article 9 of this regulation for that year , provided that : ### to the extent that a member state ' s emissions exceed its annual emission allocations for a given year , up to one third of the sum of total net removals and total net emissions from the combined accounting categories of deforested land , afforested land , managed cropland and managed grassland referred to in article 2 of regulation [ ] [ lulucf ] may be taken into account for its compliance under article 9 of this regulation for that year , provided that :


### the commission shall ensure the accurate accounting under this regulation through the union registry established pursuant to article 10 of regulation no 525 / 2013 , including annual emission allocations , flexibilities exercised under article 4 to 7 , compliance under article 9 and changes in coverage under article 10 of this regulation . the central administrator shall conduct an automated check on each transaction under this regulation and , where necessary , block transactions to ensure there are no irregularities . this information shall be accessible to the public . ### the commission shall ensure the accurate accounting under this regulation through the union registry established pursuant to article 10 of regulation no 525 / 2013 , including annual emission allocations , flexibilities exercised under article 7 , compliance under article 9 and changes in coverage under article 10 of this regulation . the central administrator shall conduct an automated check on each transaction under this regulation and , where necessary , block transactions to ensure there are no irregularities . this information shall be accessible to the public .


### before adopting a delegated act , the commission shall consult experts designated by each member state in accordance with the principles laid down in the interinstitutional agreement on better law - making of 13 april 2016 . ### before adopting a delegated act , the commission shall consult experts designated by each member state and the european parliament in accordance with the principles laid down in the interinstitutional agreement on better law - making of 13 april 2016 .


### the commission shall report to the european parliament and to the council by 28 february 2024 and every five years thereafter on the operation of this regulation , its contribution to the eu ' s overall 2030 greenhouse gas emission reduction target and its contribution to the goals of the paris agreement , and may make proposals if appropriate . ### within six months after the facilitation dialogue planned for 2018 under the aegis of the unfcc , the commission shall report on the contribution made by this regulation to attaining the eu ' s overall 2030 greenhouse gas emission reduction target and its contribution to the goals of the paris agreement , and may make a legislative proposal if appropriate .


### persons who are blind , visually impaired or otherwise print disabled continue to face many barriers in accessing books and other print material which are protected by copyright and related rights . measures need to be taken to increase the availability of those works in accessible formats and to improve their circulation in the internal market . ### persons who are blind , visually impaired or otherwise print disabled continue to face many barriers in accessing books and other print material which are protected by copyright and related rights . measures need to be taken forthwith to considerably increase the availability of those works in accessible formats and to significantly improve their circulation in the internal market .


### this directive is designed for the benefit persons who are blind , have a visual impairment which cannot be improved so as to give those persons visual function substantially equivalent to that of a person who has no such impairment , or have a perceptual or reading disability , including dyslexia , preventing them from reading printed works to substantially the same degree as persons without such disability , or are unable to hold or manipulate a book or to focus or move the eyes to the extent that would be normally acceptable for reading due to a physical disability . the objective of the measures introduced by this directive is to improve the availability of books , journals , newspapers , magazines and other writings , sheet music and other print material , including in audio form , whether digital or analogue , in formats that make those works and other subject - matter accessible to those persons to substantially the same degree as to persons without an impairment or disability . accessible formats include braille , large print , adapted e - books , audio books and radio broadcasts . ### this directive is designed for the benefit persons who are blind , have a visual impairment which cannot be improved so as to give those persons visual function substantially equivalent to that of a person who has no such impairment , or have a perceptual or reading disability , including dyslexia , preventing them from reading printed works to substantially the same degree as persons without such disability , or are unable to hold or manipulate a book or to focus or move the eyes to the extent that would be normally acceptable for reading due to a physical disability . the objective of the measures introduced by this directive is to improve the availability of books , journals , newspapers , magazines and other writings , sheet music and other print material , including in audio form , whether digital or analogue , regardless of their copyright - related legal protection , in formats that make those works and other subject - matter accessible to those persons to substantially and effectively the same degree as to persons without an impairment or disability . in the meaning defined by this context , accessible formats include in particular , but are not limited to , braille , large print , adapted e - books , versions in simplified language , enhanced audiovisual formats , audio books and radio broadcasts .


### this directive is designed for the benefit persons who are blind , have a visual impairment which cannot be improved so as to give those persons visual function substantially equivalent to that of a person who has no such impairment , or have a perceptual or reading disability , including dyslexia , preventing them from reading printed works to substantially the same degree as persons without such disability , or are unable to hold or manipulate a book or to focus or move the eyes to the extent that would be normally acceptable for reading due to a physical disability . the objective of the measures introduced by this directive is to improve the availability of books , journals , newspapers , magazines and other writings , sheet music and other print material , including in audio form , whether digital or analogue , in formats that make those works and other subject - matter accessible to those persons to substantially the same degree as to persons without an impairment or disability . accessible formats include braille , large print , adapted e - books , audio books and radio broadcasts . ### this directive is designed for the benefit of persons who are blind , have a visual impairment which cannot be improved so as to give those persons visual function substantially equivalent to that of a person who has no such impairment , or have a perceptual or reading disability , including dyslexia , preventing them from reading printed works to substantially the same degree as persons without such disability , or are unable to hold or manipulate a book or to focus or move the eyes to the extent that would be normally acceptable for reading due to a physical impairment . the objective of the measures introduced by this directive is to improve the availability of books , journals , newspapers , magazines and other writings , sheet music and other print material , including in audio form , whether digital or analogue , in formats that make those works and other subject - matter accessible to those persons to substantially the same degree as to persons who are not blind , visually impaired or otherwise print disabled , without compromising the quality of the content . accessible formats include braille , large print , e - books , audio books and radio broadcasts , but are not limited to them .


### in view of the specific nature of the exception , its targeted scope and the need for legal certainty for its beneficiaries , member states should not be allowed to impose additional requirements for the application of the exception , such as compensation schemes or the prior verification of the commercial availability of accessible format copies . ### in view of the specific nature of the exception , its targeted scope and the need for legal certainty for its beneficiaries , member states should not be allowed to impose additional requirements for the application of the exception , such as compensation schemes or the prior verification of the commercial availability of accessible format copies . such additional requirements would bear the risk of going against the purpose of the exceptions provided by the present directive , and against the purpose of facilitating the cross - border exchange of copies in enhanced accessibility format within the single market .


### the commission will monitor the effect of this directive . as part of this , it will assess the situation regarding the availability in accessible formats of works and other subject - matter other than those covered by this directive , as well as the availability of works and other subject - matter in accessible formats for persons with other disabilities . the commission will review the situation closely . changes to the scope of this directive may be considered , if necessary . ### the commission will monitor the effect of this directive . as part of this , it will assess the situation regarding the availability in accessible formats of works and other subject - matter other than those covered by this directive , as well as the availability of works and other subject - matter in accessible formats for persons with other disabilities . the commission will review the situation closely in order to fully guarantee the cultural and social aims of this directive . changes to the scope of this directive may be considered , if necessary .


### this directive therefore respects the fundamental rights and observes the principles recognised in particular by the charter of fundamental rights of the european union . this directive should be interpreted and applied in accordance with those rights and principles . ### this directive therefore respects the fundamental rights and observes the principles recognised in particular by the charter of fundamental rights of the european union . this directive should be interpreted and applied in accordance with those rights and principles . this means that the copyright exceptions and limitations consist in an implicit authorisation by the rightholder for the exercise of the secondary right to non - commercial copies in accessible format , subject to the conditions established .


### this directive therefore respects the fundamental rights and observes the principles recognised in particular by the charter of fundamental rights of the european union . this directive should be interpreted and applied in accordance with those rights and principles . ### this directive therefore respects the fundamental rights and observes the principles recognised in particular by the charter of fundamental rights of the european union and the united nations convention on the rights of persons with disabilities . this directive should be interpreted and applied in accordance with those rights and principles .


### this directive lays down rules on the use of certain works and other subject - matter without the authorisation of the rightholder , for the benefit of persons who are blind , visually impaired or otherwise print disabled . ### this directive lays down rules on the use of certain works and other subject - matter without the authorisation of the rightholder , for the benefit of persons who are blind , visually impaired or otherwise print disabled . it aims to effectively ensure their right to participate in cultural , economic and social life on an equal basis with others .


### no sooner than [ five years after the date of transposition ] , the commission shall carry out an evaluation of this directive and present the main findings to the european parliament , the council and the european economic and social committee , accompanied , where appropriate , by proposals for the amendment of this directive . ### no sooner than [ five years after the date of transposition ] , the commission shall carry out an evaluation of this directive and present the main findings to the european parliament , the council and the european economic and social committee , accompanied , where appropriate , by proposals for the amendment of this directive . the detailed information collected by the commission shall be made available to the public .


### member states shall bring into force the laws , regulations and administrative provisions necessary to comply with this directive by [ 12 month after entry into force ] at the latest . they shall forthwith communicate to the commission the text of those provisions . ### member states shall bring into force the laws , regulations and administrative provisions necessary to comply with this directive by [ 6 month after entry into force ] at the latest . they shall forthwith communicate to the commission the text of those provisions .


### the definition of terrorist offences should be taken from articles 1 to 4 of council framework decision 2002 / 475 / jha on combating terrorism37 . the definition of serous crime should be taken from article 2 of council framework decision 2002 / 584 / jha of 13 june 2002 on the european arrest warrant and the surrender procedure between member states38 . however , member states may exclude those minor offences for which , taking into account their respective criminal justice system , the processing of pnr data pursuant to this directive would not be in line with the principle of proportionality . the definition of serious transnational crime should be taken from article 2 of council framework decision 2002 / 584 / jha and the united nations convention on transnational organised crime . __________________ 37 oj l 164 , 22 . 6 . 2002 , p . 3 . decision as amended by council framework decision 2008 / 919 / jha of 28 november 2008 . 38 oj l 190 , 18 . 7 . 2002 , p . 1 . ### the definition of terrorist offences should be taken from articles 1 to 4 of council framework decision 2002 / 475 / jha on combating terrorism37 . the definition of serous crime should be taken from article 2 of council framework decision 2002 / 584 / jha of 13 june 2002 on the european arrest warrant and the surrender procedure between member states . however , member states should exclude those minor offences for which , taking into account their respective criminal justice system , the processing of pnr data pursuant to this directive would not be in line with the principle of proportionality . the definition of serious transnational crime should be taken from article 2 of council framework decision 2002 / 584 / jha and the united nations convention on transnational organised crime . __________________ 37 oj l 164 , 22 . 06 . 02 . p . 3 . decision as amended by council framework decision 2008 / 919 / jha of 28 november 2008 38 oj l 190 , 18 . 07 . 02 . p . 1 .


### taking fully into consideration the right to the protection of personal data and the right to non - discrimination , no decision that produces an adverse legal effect on a person or seriously affects him / her should be taken only by reason of the automated processing of pnr data . moreover , no such decision should be taken by reason of a person’s race or ethnic origin , religious or philosophical belief , political opinion , trade union membership , health or sexual life . ### taking fully into consideration the right to the protection of personal data and the right to non - discrimination , no decision that produces an adverse legal effect on a person or seriously affects him / her should be taken only by reason of the automated processing of pnr data . moreover , no such decision should be taken on grounds of a person ' s gender , colour , ethnic or social origin , genetic features , language , religious or philosophical belief , political opinion , trade union membership , membership of a national minority , property , birth , disability , age , health or sexual orientation .


### each member state shall set up or designate an authority competent for the prevention , detection , investigation or prosecution of terrorist offences and serious crime or a branch of such an authority to act as its ' passenger information unit ' responsible for collecting pnr data from the air carriers , storing them , analysing them and transmitting the result of the analysis to the competent authorities referred to in article 5 . its staff members may be seconded from competent public authorities . ### each member state shall set up or designate an authority competent for the prevention , detection , investigation or prosecution of terrorist offences and serious crime or a branch of such an authority to act as its ' passenger information unit ' responsible for collecting pnr data from the air carriers , storing them , analysing them and transmitting the result of the analysis to the competent authorities referred to in article 5 . its staff members shall be individuals of proven integrity and competence and may be seconded from competent public authorities .


### the pnr data transferred by the air carriers , pursuant to article 6 , in relation to international flights which land on or depart from the territory of each member state shall be collected by the passenger information unit of the relevant member state . should the pnr data transferred by air carriers include data beyond those listed in the annex , the passenger information unit shall delete such data immediately upon receipt . ### the pnr data transferred by the air carriers , pursuant to article 6 , in relation to international flights which land on or depart from the territory of each member state shall be collected by the passenger information unit of the relevant member state . air carriers shall not transfer to the passenger information unit sensitive data such as the gender , colour , ethnic or social origin , genetic features , language , religious or philosophical belief , political opinion , trade union membership , membership of a national minority , property , birth , disability , age , state of health or sexual orientation of the individual in question . should these or other data beyond those listed exhaustively in the annex be included in the pnr data transferred , the passenger information unit shall delete such data immediately upon receipt .


### the assessment of the passengers prior to their scheduled arrival or departure from the member state referred to in point of paragraph 2 shall be carried out in a non - discriminatory manner on the basis of assessment criteria established by its passenger information unit . member states shall ensure that the assessment criteria are set by the passenger information units , in cooperation with the competent authorities referred to in article 5 . the assessment criteria shall in no circumstances be based on a person’s race or ethnic origin , religious or philosophical belief , political opinion , trade union membership , health or sexual life . ### the assessment of the passengers prior to their scheduled arrival or departure from the member state referred to in point of paragraph 2 shall be carried out in a non - discriminatory manner on the basis of assessment criteria established by its passenger information unit . member states shall ensure that the assessment criteria are set by the passenger information units , in cooperation with the competent authorities referred to in article 5 . the assessment criteria shall in no circumstances be based on a person’s gender , colour , ethnic or social origin , genetic features , language , religious or philosophical belief , political opinion , trade union membership , membership of a national minority , property , birth , disability , age , health or sexual orientation .


### the competent authorities shall not take any decision that produces an adverse legal effect on a person or significantly affects a person only by reason of the automated processing of pnr data . such decisions shall not be taken on the basis of a person’s race or ethnic origin , political opinion , religious or philosophical belief , trade union membership , health or sexual life . ### the competent authorities shall not take any decision that produces an adverse legal effect on a person or affects a person only by reason of the automated processing of pnr data . such decisions shall not be taken on the basis of a person’s gender , colour , ethnic or social origin , genetic features , language , religious or philosophical belief , political opinion , trade union membership , membership of a national minority , property , birth , disability , age , health or sexual orientation .


### member states shall adopt the necessary measures to ensure that air carriers transfer the pnr data as defined in article 2 and specified in the annex , to the extent that such data are already collected by them , to the database of the national passenger information unit of the member state on the territory of which the international flight will land or from the territory of which the flight will depart . where the flight is code - shared between one or more air carriers , the obligation to transfer the pnr data of all passengers on the flight shall be on the air carrier that operates the flight . where the flight has one or more stop - overs at the airports of the member states , air carriers shall transfer the pnr data to the passenger information units of all the member states concerned . ### member states shall adopt the necessary measures to ensure that air carriers transfer the pnr data as defined in article 2 and strictly specified in the annex , to the extent that such data are already collected by them , to the database of the national passenger information unit of the member state on the territory of which the international flight will land or from the territory of which the flight will depart . where the flight is code - shared between one or more air carriers , the obligation to transfer the pnr data of all passengers on the flight shall be on the air carrier that operates the flight . where the flight has one or more stop - overs at the airports of the member states , air carriers shall transfer the pnr data to the passenger information units of all the member states concerned .


### – name , including the names of other passengers on pnr and number of travellers on pnr travelling together ; ### name , including the names of other passengers on pnr , emergency contact names and number of travellers on pnr travelling together ;


### member states shall ensure that the pnr data are deleted upon expiry of the period specified in paragraph 2 . this obligation shall be without prejudice to cases where specific pnr data have been transferred to a competent authority and are used in the context of specific criminal investigations or prosecutions , in which case the retention of such data by the competent authority shall be regulated by the national law of the member state . ### member states shall ensure that the pnr data are permanently deleted upon expiry of the period specified in paragraph 2 . this obligation shall be without prejudice to cases where specific pnr data have been transferred to a competent authority and are used in the context of specific criminal investigations or prosecutions , in which case the retention of such data by the competent authority shall be regulated by the national law of the member state .


### any processing of pnr data revealing a person’s race or ethnic origin , religious or philosophical belief , political opinion , trade union membership , health or sexual life shall be prohibited . in the event that pnr data revealing such information are received by the passenger information unit they shall be deleted immediately . ### any processing of pnr data revealing a person ' s gender , colour , ethnic or social origin , genetic features , language , religion or philosophical belief , political opinion , trade union membership , membership of a national minority , property , birth , disability , age health or sexual orientation shall be prohibited . it is prohibited for airlines to transfer such data , but , in the event that pnr data revealing such information are received by the passenger information unit they shall be deleted immediately .


### member states shall prepare a set of statistical information on pnr data provided to the passenger information units . such statistics shall as a minimum cover the number of identifications of any persons who may be involved in a terrorist offence or serious crime according to article 4 and the number of subsequent law enforcement actions that were taken involving the use of pnr data per air carrier and destination . ### member states shall prepare a set of statistical information on pnr data provided to the passenger information units . such statistics shall as a minimum cover the number of identifications of any persons who may be involved in a terrorist offence or serious crime according to article 4 and the number of subsequent law enforcement actions that were taken involving the use of pnr data per air carrier and destination and the number of actual convictions achieved also as a result of the use of pnr data .


### this directive is without prejudice to any obligations and commitments of the union by virtue of bilateral and / or multilateral agreements with third countries . ### this directive is without prejudice to any obligations and commitments of the union by virtue of bilateral and / or multilateral agreements with third countries , but any new agreements with third countries shall not include provisions which lower the level of data protection below that which is provided for in this directive .


### taking fingerprints and facial images of minors from the age of six shall be carried out in a child - friendly and child - sensitive manner by officials trained specifically to enrol minor ' s fingerprints and facial images . the minor shall be informed in an age - appropriate manner using leaflets and / or infographics and / or demonstrations specifically designed to explain the fingerprinting and facial image procedure to minors and they shall be accompanied by a responsible adult , guardian or representative at the time their fingerprints and facial image are taken . at all times member states must respect the dignity and physical integrity of the minor during the fingerprinting procedure and when capturing a facial image . ### taking fingerprints and facial images of minors from the age of six shall only be carried out in the best interests of the child and in accordance with the other principles enshrined in the united nations convention on the rights of the child of 1989 , in a child - friendly and child - sensitive manner and by officials trained specifically to enrol minor ' s fingerprints and facial images . the minor shall be informed in an age - appropriate manner using leaflets and / or infographics and / or demonstrations specifically designed to explain the fingerprinting and facial image procedure to minors , and they shall be accompanied by a responsible adult , guardian or representative at the time their fingerprints and facial image are taken . at all times member states must respect the dignity and physical and psychological integrity of the minor during the fingerprinting procedure and when capturing a facial image .


### having regard to the treaty on the functioning of the european union , and in particular article 114 thereof ### having regard to the treaty on the functioning of the european union , and in particular article 192 and article 114 thereof ,


### in addition , and only where the notifier / applicant has refused to adjust the geographical scope of the notification / application of a gmo as requested by a member state , there should be the possibility for that member state to adopt reasoned measures restricting or prohibiting the cultivation of that gmo once authorised in all or part of its territory , on the basis of grounds distinct from those assessed according to the harmonized set of union rules , that is directive 2001 / 18 / ec and regulation no 1829 / 2003 , which are in conformity with union law . those grounds may be related to environmental or agricultural policy objectives , or other compelling grounds such as town and country planning , land use , socio - economic impacts , co - existence and public policy . those grounds may be invoked individually or in combination , depending on the particular circumstances of the member state , region or area in which those measures will apply . ### where the notifier / applicant chooses not to exploit the possibility to request the restriction of the geographical scope of a given gmo , the concerned member state should send to the commission the reasoned measures restricting or prohibiting the cultivation of that gmo in all or part of its territory , on the basis of grounds listed in article 26b paragraph 3 of this directive which are in conformity with union law . those grounds may be related to environmental or agricultural policy objectives , or other compelling grounds such as town and country planning , land use , socio - economic impacts , co - existence and public policy . those grounds may be invoked individually or in combination , depending on the particular circumstances of the member state , region or area in which those measures will apply .


### decisions to restrict or prohibit the cultivation of gmos by member states in all or part of their territory should not prevent biotechnology research from being carried out provided that , in carrying out such research , all necessary safety measures are observed . ### decisions to restrict or prohibit the cultivation of gmos by member states in all or part of their territory should not prevent biotechnology research from being carried out provided that , in carrying out such research , all necessary safety measures are observed and that the activity does not undermine the respect of the grounds upon which the ban has been introduced .


### the commission may make any comments it considers appropriate . ### the commission may make any non - binding comments it considers appropriate .


### on expiry of the 75 - day period referred to in the first subparagraph , and no later than two years after the date that the consent / authorisation is granted , the member state concerned may adopt the measures either in the form originally proposed , or as amended to take account of any comments received from the commission . those measures shall be communicated to the commission , the other member states and the notifier / applicant without delay . ### on expiry of the 75 - day period referred to in the first subparagraph , the member state concerned may adopt the measures either in the form originally proposed , or as amended to take account of any not binding comments received from the commission . those measures shall be communicated to the commission , the other member states and the notifier / applicant without delay .


### consumers are not confident when buying cross border and especially online . one of the major factors for this lack of confidence is uncertainty about their key contractual rights and the lack of a clear contractual framework for digital content . many consumers of digital content experience problems related to the quality of , or access to , digital content . for instance , they receive wrong or faulty digital content , or they are not able to access the digital content in question . as a result , consumers suffer financial and non - financial detriment . ### consumers are not confident when buying cross border and especially online . one of the major factors for this lack of confidence is uncertainty about their key contractual rights and the lack of a clear contractual framework for digital content and digital services . many consumers of digital content or digital services experience problems related to the quality of , or access to , digital content or digital services . for instance , they receive wrong or faulty digital content or digital services , or they are not able to access the digital content or digital services in question . as a result , consumers suffer financial and non - financial detriment .


### consumers will benefit from fully harmonised rights for digital content at a high level of protection . they will have clear rights when they receive or access digital content from anywhere in the eu . this will increase their confidence in buying digital content . this will also contribute to reducing the detriment consumers currently suffer , since there will be a set of clear rights that will enable them to address problems they face with digital content . ### consumers will benefit from fully harmonised rights for digital content and digital services at a high level of protection . they will have clear rights when they receive or access digital content or digital services from anywhere in the eu . this will increase their confidence in buying digital content and digital services . this will also contribute to reducing the detriment consumers currently suffer , since there will be a set of clear rights that will enable them to address problems they face with digital content and digital services .


### due to the specific nature of digital content with its high complexity as well as the supplier ' s better knowledge and access to know how , technical information and high - tech assistance , it is the supplier who is in a better position than the consumer to know the reasons for the digital content not being in conformity with the contract . the supplier is also in a better position to assess whether the lack of conformity with the contract is due to incompatibility of the consumer ' s digital environment with the technical requirements for the digital content . therefore in case of a dispute it should be for the supplier to prove that the digital content is in conformity with the contract , unless the supplier proves that the consumer ' s digital environment is not compatible with the digital content . only where the supplier proves that the consumer ' s digital environment is not compatible with the interoperability and other technical requirements , it should be for the consumer to prove that the digital content is not in conformity with the contract . ### due to the specific nature of digital content with its high complexity as well as the supplier ' s better knowledge and access to know how , technical information and high - tech assistance , it is the supplier who is in a better position than the consumer to know the reasons for the digital content or service not being in conformity with the contract . the supplier is also in a better position to assess whether the lack of conformity with the contract is due to incompatibility of the consumer ' s digital environment with the technical requirements for the digital content . therefore in case of a dispute it should be for the supplier to prove that the digital content or service is in conformity with the contract , unless the supplier proves that the consumer ' s digital environment is not compatible with the digital content or service . only where the supplier proves that the consumer ' s digital environment is not compatible with the interoperability and other technical requirements , it should be for the consumer to prove that the digital content or service is not in conformity with the contract .


### the supplier shall bring the digital content in conformity with the contract pursuant to paragraph 1 within a reasonable time from the time the supplier has been informed by the consumer about the lack of conformity with the contract and without any significant inconvenience to the consumer , taking account of the nature of digital content and the purpose for which the consumer required this digital content . ### the supplier shall bring the digital content or service in conformity with the contract pursuant to paragraph 1 within one month of the time the supplier was informed by the consumer about the lack of conformity with the contract and without any significant inconvenience to the consumer , taking account of the nature of digital content and the purpose for which the consumer required that digital content .


### where the contract provides that the digital content shall be supplied over the period of time stipulated in the contract , the supplier may alter functionality , interoperability and other main performance features of the digital content such as its accessibility , continuity and security , to the extent those alternations adversely affect access to or use of the digital content by the consumer , only if : ### where the contract provides that the digital content or service shall be supplied over the period of time stipulated in the contract , the supplier may alter functionality , interoperability and other main performance features of the digital content or service such as its accessibility , continuity and security , to the extent those alternations adversely affect access to or use of the digital content or service by the consumer , only if :


### a major disruption of the gas supply can affect all member states , the union as a whole and contracting parties to the treaty establishing the energy community , signed in athens on 25 october 2005 . it can also severely damage the union economy and can have a major social impact , particularly on vulnerable groups of customers . ### a major disruption of the gas supply can affect any member state or a group of them or the union as a whole . it can also touch the contracting parties to the treaty establishing the energy community , signed in athens on 25 october 2005 . such a disruption can also severely damage the union economy and can have a major social impact , particularly on vulnerable groups of customers .


### this regulation aims to ensure that all the necessary measures are taken to safeguard an uninterrupted supply of gas throughout the union , in particular to protected customers in the event of difficult climatic conditions or disruptions of the gas supply . these objectives should be achieved through the most cost - effective measures and in such a way that energy markets are not distorted . ### this regulation aims to ensure that all the necessary measures are taken to safeguard a sufficient supply of gas throughout the union , guaranteeing the respect of minimum standards , in particular to essential public services and protected customers , in the event of difficult climatic conditions or disruptions of the gas supply . these objectives should be achieved through measures intending to preserve an equilibrium of major societal needs , and in such a way that the daily normal functioning of energy markets is minimally distorted .


### the commission ' s communication on the short - term resilience of the european gas system from october 201413 analysed the effects of a partial or complete disruption of gas supplies from russia and concluded that purely national approaches are not very effective in the event of severe disruption , given their scope , which is by definition limited . this stress test showed how a more cooperative approach among member states could significantly reduce the impact of very severe disruption scenarios in the most vulnerable member states . __________________ 13 com 654 final ### the commission ' s communication on the short - term resilience of the european gas system from october 201413 analysed the effects of a partial or complete disruption of the ukrainian gas transit route as well as all russian gas flows to europe , including the combination with a cold weather spell , and concluded that purely national approaches are not very effective in the event of severe disruption , given their limited national scope . this stress test showed how a more cooperative approach among member states could significantly reduce the impact of very severe disruption scenarios in the most vulnerable member states . __________________ 13 com 654 final