### the total amount paid as pre - financing shall be reimbursed to the commission if no payment application under the cross - border interreg programme is sent within 24 months of the date on which the commission pays the first instalment of the pre - financing amount . such reimbursement shall constitute internal assigned revenue and shall not reduce the support from the erdf , ipa iii cbc or ndici cbc to the programme . ### the total amount paid as pre - financing shall be reimbursed to the commission if no payment application under the cross - border interreg programme is sent within 36 months of the date on which the commission pays the first instalment of the pre - financing amount . such reimbursement shall constitute internal assigned revenue and shall not reduce the support from the erdf , ipa iii cbc or ndici cbc to the programme .


### the commission shall approve the amendment of a interreg programme no later than six months after its submission by the member state . ### the commission shall approve the amendment of a interreg programme no later than three months after its submission by the member state .


### the commission shall assess the compliance of the amendment with regulation [ new cpr ] , regulation [ new erdf ] and this regulation and may make observations within three months of the submission of the amended programme . ### the commission shall assess the compliance of the amendment with regulation [ new cpr ] , regulation [ new erdf ] and this regulation and may make observations within one month of the submission of the amended programme .


### nuts level 3 regions for component 1 and those nuts level 3 regions for component 2b listed in the implementing act under article 8 ; ### nuts level 3 regions for component 1 listed in the implementing act under article&#160 ; 8 ;


### for a period of up to two years following the entry into force of this regulation , the commission , by means of implementing acts , may , on its own initiative , cancel the protection of geographical indications referred to in article 20 of regulation no 110 / 2008 if they do not comply with point of article 2 . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 44 . ### the commission , at the request of the member state of registration , by means of implementing acts , may cancel the protection of geographical indications referred to in article 20 of regulation no 110 / 2008 if they do not comply with point of article 2 . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 44 .


### the commission shall scrutinise by appropriate means any application that it receives pursuant to article 21 , in order to check that it is justified and that it meets the conditions of this chapter . this scrutiny should not exceed a period of 12 months . where this period is exceeded , the commission shall indicate in writing to the applicant the reasons for the delay . ### the commission shall scrutinise by appropriate means any application that it receives pursuant to article 21 , in order to check that it is justified and that it meets the conditions of this chapter . this scrutiny must be completed within six months of reception of the application . where this period is exceeded , the commission shall indicate in writing to the applicant the reasons for the delay .


### the power to adopt delegated acts referred to in articles 5 , 16 , 38 , 41 and 46 shall be conferred on the commission for an indeterminate period of time from the entry into force of this regulation . ### the power to adopt delegated acts referred to in articles 5 , 16 , 38 , 41 and 46 shall be conferred on the commission for a five - year period of time from the entry into force of this regulation .


### ' placing on the market ' means the first making available of ppe on the union market ; ### ' placing on the market ' means the first making available of the ppe type on the union 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 .


### to this end , protective glasses must be so designed and manufactured as to possess , for each harmful wave length , a spectral transmission factor such that the radiant - energy illumination density capable of reaching the user ' s eye through the filter is minimized and , under no circumstances , exceeds the maximum permissible exposure value . ### to this end , eye protective equipment must be so designed and manufactured as to possess , for each harmful wave length , a spectral transmission factor such that the radiant - energy illumination density capable of reaching the user ' s eye through the filter is minimized and , under no circumstances , exceeds the maximum permissible exposure value . ppe designed to protect the skin against non - ionising radiation must be capable of absorbing or reflecting the majority of the energy radiated in the harmful wavelengths .


### some products on the market that provide a protective function to the user are excluded from the scope of directive 89 / 686 / eec . in order to ensure as high level of protection for the user of those products as for the ppe covered by directive 89 / 686 / eec , the scope of this regulation should include ppe for private use against damp , water and heat , in line with similar ppe for professional use which is already covered by directive 89 / 686 / eec . artisanal products , such as handmade gloves , for which the manufacturer does not explicitly claim a protective function are not personal protective equipment ; they are therefore not concerned by this inclusion . it is also appropriate to clarify the exclusion list set out in annex i to directive 89 / 686 / eec by adding a reference to products covered by other legislation and therefore are excluded from the ppe regulation . ### some products on the market that provide a protective function to the user are excluded from the scope of directive 89 / 686 / eec where they are only intended for private use . in order to provide a high level of protection , items for protecting the hands against extreme heat in a domestic environment should be included within the scope of this regulation if they specifically make a protective claim . artisanal products , such as handmade gloves and oven gloves , for which the manufacturer does not explicitly claim a protective function are not personal protective equipment ; they should therefore not be included within the scope of this regulation . instead , self - certification should be encouraged for those products . many manufacturers are already doing this today .


### ppe materials and other components which may accidentally come into contact with flame and those used in the manufacture of fire - fighting equipment must also possess a degree of non - flammability corresponding to the risk class associated with the foreseeable conditions of use . they must not melt when exposed to flames nor contribute to flame propagation . ### ppe materials and other components which may accidentally come into contact with flame and those used in the manufacture of industrial or fire - fighting equipment must also possess a degree of non - flammability and thermal or arc heat protection corresponding to the risk class associated with the foreseeable conditions of use . they must not melt when exposed to flames nor contribute to flame propagation .


### the manufacturer ' s instructions accompanying ppe intended for brief use in high - temperature environments must in particular provide all relevant data for the determination of the maximum permissible user exposure to the heat transmitted by the equipment when used in accordance with its intended purpose . ### the manufacturer ' s instructions accompanying ppe intended for limited time use in high - temperature environments must in particular provide all relevant data for the determination of the maximum permissible user exposure to the heat transmitted by the equipment when used in accordance with its intended purpose .


### it is necessary to clearly specify the relationship and scope of this regulation with the entitlement of member states to lay down requirements for the use of ppe at workplace , in particular pursuant to council directive 89 / 656 / eec19 , in order to avoid any confusion and ambiguity and hence ensure the free movement of compliant ppe . __________________ 19 council directive 89 / 656 / eec of 30 november 1989 on the minimum health and safety requirements for the use by workers of personal protective equipment at the workplace . ### it is necessary to clearly specify the relationship and scope of this regulation with the entitlement of member states to lay down requirements for the use of ppe at workplace , in particular pursuant to council directive 89 / 656 / eec19 , in order to avoid any confusion and ambiguity and hence ensure the free movement of compliant ppe . article 4 of that directive obliges employers to provide ppe which complies with the relevant union provisions on design and manufacture with respect to safety and health . pursuant to that article , manufacturers of ppe who provide that ppe to their employees must ensure that such ppe fulfils the requirements laid down in this regulation . __________________ 19 council directive 89 / 656 / eec of 30 november 1989 on the minimum health and safety requirements for the use by workers of personal protective equipment at the workplace .


### member states shall lay down the rules on penalties applicable to infringements of the provisions of this regulation and shall take all measures necessary to ensure that they are implemented . the penalties provided for must be effective , proportionate and dissuasive . member states shall notify those provisions to the commission by [ 3 months prior to the date of application of this regulation ] at the latest and shall notify it without delay of any subsequent amendment affecting them . ### member states shall lay down the rules on guidance , surveillance , control and penalties applicable to infringements of the provisions of this regulation and shall take all measures necessary to ensure that they are implemented . to avoid inaccurate use of the ppe and unintended flaws , member states shall first and foremost provide guidance on how to meet the requirements of this regulation . if , however , after receiving the necessary guidance the requirements are still not met , penalties shall be the next step . the penalties provided for must be effective , proportionate and dissuasive . member states shall notify those provisions to the commission by [ 3 months prior to the date of application of this regulation ] at the latest and shall notify it without delay of any subsequent amendment affecting them .


### the relevant protection factor number must be marked on all specimens of filtering glasses by the manufacturer . ### the relevant protection factor number must be marked on all specimens of filtering eye protective equipment by the manufacturer .


### conformity assessment bodies shall take out liability insurance unless liability is assumed by the state in accordance with national law , or the member state itself is directly responsible for the conformity assessment . ### conformity assessment bodies shall take out liability insurance unless liability is assumed by the member state in accordance with national law , or the member state itself is directly responsible for the conformity assessment .


### reporting persons shall have access to remedial measures against retaliation as appropriate , including interim relief pending the resolution of legal proceedings , in accordance with the national framework . ### reporting persons and those facilitating the reporting shall have access to remedial measures against retaliation covering all direct , indirect , and future consequences of any detriment , including , as appropriate , making any provision to act taken in breach of article 14 void ; the reinstatement of the reporting person with equal salary , status , duties and working conditions ; the transfer of the reporting person to a new department or supervisor ; compensation for pain and suffering ; interim relief pending the resolution of legal proceedings .


### penalties are necessary to ensure the effectiveness of the rules on whistleblower protection . penalties against those who take retaliatory or other adverse actions against reporting persons can discourage further such actions . penalties against persons who make a report or disclosure demonstrated to be knowingly false are necessary to deter further malicious reporting and preserve the credibility of the system . the proportionality of such penalties should ensure that they do not have a dissuasive effect on potential whistleblowers . ### penalties are necessary to ensure the effectiveness of the rules on whistleblower protection . penalties against those who take retaliatory or other adverse actions against reporting persons can discourage further such actions .


### this directive shall also apply to reporting persons whose work - based relationship is yet to begin in cases where information concerning a breach has been acquired during the recruitment process or other pre - contractual negotiation . ### this directive shall also apply to reporting persons whose work - based relationship is yet to begin in cases where information concerning a breach has been acquired during the recruitment process or other pre - contractual negotiation , as well as to reporting persons whose work - based relationship has terminated .


### accordingly , common minimum standards ensuring effective whistleblower protection should apply in those acts and policy areas where i ) there is a need to strengthen enforcement ; ii ) under - reporting by whistleblowers is a key factor affecting enforcement , and iii ) breaches of union law cause serious harm to the public interest . ### accordingly , common minimum standards ensuring effective whistleblower protection , adopting a global and organic approach , should apply in particular to those policy areas where i ) there is a need to strengthen enforcement ; ii ) under - reporting by whistleblowers is a key factor affecting enforcement , and iii ) breaches of union law cause harm to the public interest .


### protection should also extend to further categories of natural or legal persons , who , whilst not being ' workers ' within the meaning of article 45 tfeu , can play a key role in exposing breaches of the law and may find themselves in a position of economic vulnerability in the context of their work - related activities . for instance , in areas such as product safety , suppliers are much closer to the source of possible unfair and illicit manufacturing , import or distribution practices of unsafe products ; in the implementation of union funds , consultants providing their services are in a privileged position to draw attention to breaches they witness . such categories of persons , including self - employed persons providing services , freelance , contractors , sub - contractors and suppliers , are typically subject to retaliation in the form of early termination or cancellation of contract of services , licence or permit , loss of business , loss of income , coercion , intimidation or harassment , blacklisting / business boycotting or damage to their reputation . shareholders and persons in managerial bodies , may also suffer retaliation , for instance in financial terms or in the form of intimidation or harassment , blacklisting or damage to their reputation . protection should also be granted to candidates for employment or for providing services to an organisation who acquired the information on breaches of law during the recruitment process or other pre - contractual negotiation stage , and may suffer retaliation for instance in the form of negative employment references or blacklisting / business boycotting . ### protection should also extend to persons facilitating the reporting and to investigative journalists who acquire and publish information on breaches , as well as to further categories of natural or legal persons , who , whilst not being ' workers ' within the meaning of article 45 tfeu , can play a key role in exposing breaches of the law and may find themselves in a position of economic or other type of vulnerability in the context of their work - related activities . for instance , in areas such as product safety , suppliers are much closer to the source of possible unfair and illicit manufacturing , import or distribution practices of unsafe products ; in the implementation of union funds , consultants providing their services are in a privileged position to draw attention to breaches they witness . such categories of persons , including self - employed persons providing services , freelance , contractors , sub - contractors and suppliers , are typically subject to retaliation in the form of early termination or cancellation of contract of services , licence or permit , loss of business , loss of income , coercion , intimidation or harassment , blacklisting / business boycotting or damage to their reputation . shareholders and persons in managerial bodies , may also suffer retaliation , for instance in financial terms or in the form of intimidation or harassment , blacklisting or damage to their reputation . protection should also be granted to candidates for employment or for providing services to an organisation who acquired the information on breaches of law during the recruitment process or other pre - contractual negotiation stage , and may suffer retaliation for instance in the form of negative employment references or blacklisting / business boycotting .


### member states should ensure the adequate record - keeping of all reports of infringement and that every report is retrievable within the competent authority and that information received through reports could be used as evidence in enforcement actions where appropriate . ### member states should ensure the adequate record - keeping of all reports of infringement and that every report is retrievable within the competent authority and that information received through reports could be used as evidence in enforcement actions where appropriate , respecting , where possible , the confidentiality of the reporting person .


### in certain policy areas , breaches of union law may cause serious harm to the public interest , in the sense of creating significant risks for the welfare of society . where weaknesses of enforcement have been identified in those areas , and whistleblowers are in a privileged position to disclose breaches , it is necessary to enhance enforcement by ensuring effective protection of whistleblowers from retaliation and introducing effective reporting channels . ### breaches of union law may cause serious harm to the public interest , in the sense of creating significant risks for the welfare of society . where weaknesses of enforcement have been identified , and whistleblowers are in a privileged position to disclose such breaches , it is necessary to enhance enforcement by ensuring effective protection of whistleblowers from retaliation and to ensure that there are effective reporting channels .


### 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 , breaches of legal requirements , abuse of power 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 .


### effective detection and prevention of serious harm to the public interest requires that the information reported which qualifies for protection covers not only unlawful activities but also abuse of law , namely acts or omissions which do not appear to be unlawful in formal terms but defeat the object or the purpose of the law . ### effective detection and prevention of harm to the public interest requires that the information reported which qualifies for protection covers not only unlawful activities but also abuse of law , namely acts or omissions which do not appear to be unlawful in formal terms but defeat the object or the purpose of the law and , more generally , any act of wrongdoing that is prejudicial to the public interest .


### retaliation expresses the close relationship that must exist between the report and the adverse treatment suffered , directly or indirectly , by the reporting person , so that this person can enjoy legal protection . effective protection of reporting persons as a means of enhancing the enforcement of union law requires a broad definition of retaliation , encompassing any act or omission occurring in the work - related context which causes them detriment . ### retaliation expresses the relationship that must exist between the report and the adverse treatment suffered , directly or indirectly , by the reporting person , so that this person can enjoy legal protection . effective protection of reporting persons as a means of enhancing the enforcement of union law requires a broad definition of retaliation , encompassing any act or omission which causes them detriment .


### member states shall ensure that legal entities in the private and in the public sector establish internal channels and procedures for reporting and following up on reports , following consultations with social partners , if appropriate . ### member states shall ensure that legal entities in the private and in the public sector establish internal channels and procedures for reporting and following up on reports , and protecting reporting persons , following consultations with social partners , if appropriate .


### in certain policy areas , breaches of union law may cause serious harm to the public interest , in the sense of creating significant risks for the welfare of society . where weaknesses of enforcement have been identified in those areas , and whistleblowers are in a privileged position to disclose breaches , it is necessary to enhance enforcement by ensuring effective protection of whistleblowers from retaliation and introducing effective reporting channels . ### breaches of union law may cause serious harm to the public interest , in the sense of creating significant risks for the welfare of society . as whistleblowers are usually in a privileged position to disclose breaches , it is necessary , in order to enhance enforcement of union law , to guarantee safe and effective disclosure of the information and to ensure effective protection of whistleblowers from retaliation .


### bring vexatious proceedings against reporting persons ; ### bring vexatious proceedings against reporting persons or investigative journalists revealing wrongdoing ;


### the material scope of this directive is based on the identification of areas where the introduction of whistleblower protection appears justified and necessary on the basis of currently available evidence . such material scope may be extended to further areas or union acts , if this proves necessary as a means of strengthening their enforcement in the light of evidence that may come to the fore in the future or on the basis of the evaluation of the way in which this directive has operated . ### the material scope of this directive is based on the identification of areas where the introduction of whistleblower protection appears justified and necessary on the basis of currently available evidence and is extended to all further areas or union acts under article 352 tfeu .


### ‘ 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 ; ### ‘ retaliation’ means any threatened or actual act or omission prompted by the internal or external reporting which occurs in a work - related context or after the cessation of the working relationship and causes or may cause unjustified detriment to the reporting person ;


### whistleblowers are , in particular , important sources for investigative journalists . providing effective protection to whistleblowers from retaliation increases the legal certainty of whistleblowers and thereby encourages and facilitates whistleblowing also to the media . in this respect , protection of whistleblowers as journalistic sources is crucial for safeguarding the ‘ watchdog’ role of investigative journalism in democratic societies . ### whistleblowers are , in particular , important sources for investigative journalists . providing effective protection to whistleblowers as well as to investigative journalists from retaliation and any form of harassment increases the legal certainty of whistleblowers and thereby encourages and facilitates whistleblowing also to the media . in this respect , protection of whistleblowers as journalistic sources is crucial for safeguarding the ‘ watchdog’ role of investigative journalism in democratic societies .


### 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 which have the highest possible degree of independence and impartiality . 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 or requesting an investigation , prosecution or action for recovery of funds , or other appropriate remedial action , in accordance with their mandate . the staff serving in those bodies shall be specialised and have proper training and formation .


### the confidentiality regime applicable to reports , including a detailed description of the circumstances under which the confidential data of a reporting person may be disclosed . ### the confidentiality regime applicable to reports and its conditions , including a detailed description of the circumstances under which the confidential data of a reporting person may be disclosed ; the same confidentiality regime and protection measures shall be applicable to whistle blowers who initially reported anonymously , if they ask for such measures .


### having regard to the treaty on the functioning of the european union , and in particular articles 16 , 33 , 43 , 50 , 53 , 62 , 91 , 100 , 103 , 109 , 114 , 168 , 169 , 192 , 207 and 325 thereof and to the treaty establishing the european atomic energy community , and in particular article 31 thereof , ### having regard to the treaty on the functioning of the european union , and in particular articles 9 , 10 , 11 , 12 , 15 , 16 , 33 , 43 , 50 , 53 , 62 , 91 , 100 , 103 , 109 , 114 , 168 , 169 , 192 , 207 , 325 and 352 thereof and to the treaty establishing the european atomic energy community , and in particular article 31 thereof ,


### the objective of this directive , namely to strengthen enforcement in certain policy areas and acts where breaches of union law can cause serious harm to the public interest through effective whistleblower protection , cannot be sufficiently achieved by the member states acting alone or in an uncoordinated manner , but can rather be better achieved by union action providing minimum standards of harmonisation on whistleblower protection . moreover , only union action can provide coherence and align the existing union rules on whistleblower protection . therefore , the union may adopt measures in accordance with the principle of subsidiarity as set out in article 5 of the treaty on european union . in accordance with the principle of proportionality , as set out in that article , this directive does not go beyond what is necessary in order to achieve this objective . ### the objective of this directive , namely to strengthen enforcement of union law through effective whistleblower protection , cannot be sufficiently achieved by the member states acting alone or in an uncoordinated manner , but can rather be better achieved by union action providing minimum standards of harmonisation on whistleblower protection . moreover , only union action can provide coherence and align the existing union rules on whistleblower protection . therefore , the union may adopt measures in accordance with the principle of subsidiarity as set out in article 5 of the treaty on european union . in accordance with the principle of proportionality , as set out in that article , this directive does not go beyond what is necessary in order to achieve this objective .


### reporting persons shall have access to remedial measures against retaliation as appropriate , including interim relief pending the resolution of legal proceedings , in accordance with the national framework . ### reporting persons and those facilitating the reporting shall have access to remedial measures against retaliation covering all direct , indirect , and future consequences of any detriment , including , as appropriate , making any provision to act taken in breach of article 14 void ; the reinstatement of the reporting person with equal salary , status , duties and working conditions ; the transfer of the reporting person to a new department or supervisor ; compensation for pain and suffering ; interim relief pending the resolution of legal proceedings .


### the purpose of this regulation is to guarantee that reclaimed water is safe for its intended use , thereby ensuring a high level of protection of human and animal health and the environment , addressing water scarcity and the resulting pressure on water resources in a coordinated way throughout the union , thus also contributing to the efficient functioning of the internal market . ### the purpose of this regulation is to guarantee that the reuse of reclaimed water takes place in conditions of environmental safety , without affecting ecosystems , soil and crops or creating health and hygiene risks for the population , in order to ensure a high level of protection of human , animal and plant health , address water scarcity in a coordinated way throughout the union using methods which ensure water savings by alleviating the pressure on water resources , facilitate the transition to the circular economy and contribute also to the efficient functioning of the internal market .


### 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 .


### for the purposes of producing and supplying reclaimed water risk management shall be undertaken by the reclamation plant operator in consultation with the following actors : ### for the purposes of producing , distributing and supplying reclaimed water risk management shall be undertaken by the competent authority in cooperation with the following actors :


### in order to encourage confidence in water reuse , information should be provided to the public . making available of information on water reuse should allow for increased transparency and traceability and could also be of particular interest to other relevant authorities for whom the specific water reuse has implications . ### if the union ' s targets for the sparing use of resources are to be met , making consumers aware of their responsibilities is also important . it would be necessary , first of all , to review practices involving the use of natural resources , with the aim of achieving savings . in order to encourage confidence in water reuse and secure consumer acceptance of this sustainable practice , information should be provided to the public , accompanied by a system of rewards and incentives for users . making available of information on water reuse should allow for increased transparency and traceability and could also be of particular interest to other relevant authorities for whom the specific water reuse has implications .


### any other party deemed relevant by the reclamation plant operator . ### any other party deemed relevant by the competent authority .


### for the purposes of producing and supplying reclaimed water risk management shall be undertaken by the reclamation plant operator in consultation with the following actors : ### for the purposes of producing , distributing and supplying recovered water risk management shall be undertaken by the competent authority in consultation with the following actors :


### 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 reclamation plant operator shall draw - up a water reuse risk management plan based on the key risk management tasks set out in annex ii . the water reuse risk management plan shall propose any additional requirements to those specified in annex i necessary to further mitigate any risks , and shall , inter alia , identify hazards , risks and appropriate preventive measures . ### the competent authority shall draw - up a water reuse risk management plan based on the key risk management tasks set out in annex ii , point , and shall lay down the roles and responsibilities of the various actors involved . the water reuse risk management plan shall propose any additional requirements to those specified in annex i necessary to further mitigate any risks , and shall , inter alia , identify hazards , risks and appropriate preventive measures to be carried out by the various actors involved . risk management methods used by all the actors involved must be based on standardised , internationally recognised methodologies .


### 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 .


### this regulation lays down minimum requirements for water quality and monitoring and the obligation to carry out specified key risk management tasks , for the safe reuse of treated urban waste water in the context of integrated water management . ### this directive lays down minimum quality requirements for water intended for agricultural irrigation , minimum monitoring requirements and the obligation to carry out specified key risk management tasks , for the safe use of reclaimed water in the context of integrated water management .


### in order to encourage confidence in water reuse , information should be provided to the public . making available of information on water reuse should allow for increased transparency and traceability and could also be of particular interest to other relevant authorities for whom the specific water reuse has implications . ### in order to encourage confidence in water reuse , information should be provided to the public . making available of clear , comprehensive and updated information on water reuse should allow for increased transparency and traceability and could also be of particular interest to other relevant authorities for whom the specific water reuse has implications .


### ‘ reclamation plant’ means an urban waste water treatment plant or other plant that further treats urban waste water complying with the requirements set out in directive 91 / 271 / eec in order to produce water that is fit for a use specified in section 1 of annex i to this regulation ; ### ‘ reclamation plant’ means a plant which treats urban waste water in compliance with articles 4 and 5 of directive 91 / 271 / eec ;


### ‘ reclaimed water’ means urban waste water that has been treated in compliance with the requirements set out in directive 91 / 271 / eec and which results from further treatment in a reclamation plant ; ### ‘ reclaimed water’ means urban waste water that has been treated in compliance with articles 4 and 5 of directive 91 / 271 / eec ;


### 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


### the extended efsi should address remaining market failures and sub - optimal investment situations and continue to mobilise private sector financing in investments crucial for europe’s future job creation – including for the youth – , growth and competitiveness with strengthened additionality . they include investments in the areas of energy , environment and climate action , social and human capital and related infrastructure , healthcare , research and innovation , cross - border and sustainable transport , as well as the digital transformation . in particular , the contribution of operations supported by the efsi to achieving the union’s ambitious targets set at the paris climate conference should be reinforced . energy interconnection priority projects and energy efficiency projects should also be increasingly targeted . in addition , efsi support to motorways should be avoided , unless it is needed to support private investment in transport in cohesion countries or in cross - border transport projects involving at least one cohesion country . for reasons of clarity , although they are already eligible , it should be explicitly laid down that projects in the fields of agriculture , fishery and aquaculture come within the general objectives eligible for efsi support . ### the extended efsi should address remaining market failures and sub - optimal investment situations and continue to mobilise private sector financing in investments crucial for europe’s future job creation – including for the youth – , prosperity and competitiveness , ensuring additionality . they include investments in the areas of energy , environment and climate action , social and human capital and related infrastructure , healthcare , research and innovation , cross - border and sustainable transport , as well as the digital transformation . in particular , the contribution of operations supported by the efsi to achieving the union’s ambitious targets set at the paris climate conference should be reinforced , eliminating any support for fossil fuels . priority projects relating to the optimisation and adaptation of energy grids , those concerning energy efficiency and renewable energy generation , storage , and distribution , with a specific focus on projects enabling private individuals and local communities and cooperatives to become actively involved , should also be increasingly targeted . findings so far show that the broad support provided by the efsi to energy , energy efficiency and renewable energy projects has been accompanied by a corresponding reduction in ordinary eib investments in those sectors , thereby nullifying the notion of additionality . efsi - financed loans should be granted in addition to ordinary eib investment operations . for reasons of clarity , although they are already eligible , it should be explicitly laid down that projects in the fields of agriculture , fishery and aquaculture come within the general objectives eligible for efsi support .


### due to their potential to increase the efficiency of the efsi intervention , blending operations combining non - reimbursable forms of support and / or financial instruments from the union budget , such as those available under the connecting europe facility , and financing from eib group , including eib financing under the efsi , as well as other investors should be encouraged . blending aims to enhance the value added of union spending by attracting additional resources from private investors and to ensure the actions supported become economically and financially viable . ### due to their potential to increase the efficiency of the efsi intervention , blending operations combining non - reimbursable forms of support and / or financial instruments from the union budget not subject to excessive risk , such as some of those available under the connecting europe facility , and financing from eib group , including eib financing under the efsi , as well as other investors should be encouraged . blending aims to enhance the value added of union spending by attracting additional resources from private investors and to ensure the actions supported become economically and financially viable .


### additionality , a key feature of the efsi , should be strengthened in the selection of projects . in particular , operations should only be eligible for efsi support if they address clearly identified market failures or sub - optimal investment situations . operations in infrastructure under the infrastructure and innovation window linking two or more member states , including e - infrastructure , should be considered additional given their inherent difficulty and their high added value for the union . ### additionality , a key feature of the efsi , should be strengthened in the selection of projects . in particular , operations should only be eligible for efsi support if they address clearly identified market failures or sub - optimal investment situations .


### the efsi was established for an initial period of three years and with the aim of mobilising at least eur 315 billion in investments . given its success , the commission is committed to the doubling of the efsi , both in terms of duration and financial capacity . the legal extension covers the period of the current multiannual financial framework and should provide a total of at least half a trillion euro investments by 2020 . in order to enhance the firepower of the efsi even further and reach the aim of doubling the investment target , member states should also contribute as a matter of priority . ### the efsi was established for an initial period of three years and with the aim of mobilising at least eur 315 billion in investments . the programme has fallen short in terms of ensuring the quality , additionality , economic and social utility and sustainability of the projects financed . despite this , after just one year of the efsi being in operation , and without the independent evaluation to which the efsi’s potential extension was linked being conducted , the commission has launched a proposal on the doubling of the efsi , both in terms of duration and financial capacity . the legal extension proposed by the commission covers the period of the current multiannual financial framework and should provide a total of at least half a trillion euro investments by 2020 . in order to try to expand the capacity of the efsi , member states could also contribute on an optional basis as a matter of priority .


### the efsi , implemented and co - sponsored by the eib group , is firmly on track to deliver the objective of mobilising at least eur 315 billion in additional investments in the real economy by mid - 2018 . the market absorption has been particularly quick under the sme window where the efsi is delivering well beyond expectations . in july 2016 the sme window was thus scaled - up by eur 500 million within the existing parameters of the regulation 2015 / 1017 . a larger share of financing to be geared towards smes given the exceptional market demand for sme financing under the efsi : 40% of the increased risk bearing capacity of the efsi should be geared towards increasing access to financing for smes . ### the efsi , implemented and co - sponsored by the eib group , appears to be on track towards the expected objective of mobilising at least eur 315 billion in additional investments in the real economy by mid - 2018 .


### 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 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 .


### at a member state ' s request , the central administrator designated under article 20 of directive 2003 / 87 / ec shall take into account the quantity referred to in article 4 for that member states ' compliance under article 9 . one - tenth of the quantity of allowances determined pursuant to article 4 shall be cancelled pursuant to article 12 of directive 2003 / 87 / ec for each year from 2021 to 2030 . ### the central administrator designated under article 20 of directive 2003 / 87 / ec shall take into account the quantity referred to in article 4 for that member states ' compliance under article 9 .


### 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 should be at yearly intervals . it is the duty of the commission to ensure compliance with the obligations of member states resulting from this regulation and to initiate infringement proceedings for this purpose .


### in 2027 and 2032 , if the reviewed greenhouse gas emissions of a member state exceed its annual emission allocation for any specific year of the period , pursuant to paragraph 2 of this article and the flexibilities used pursuant to articles 5 to 7 , the following measures shall apply : ### if the reviewed greenhouse gas emissions of a member state exceed its annual emission allocation for any specific year of the period , pursuant to paragraph 2 of this article and the flexibilities used pursuant to articles 5 to 7 , the following measures shall apply :


### under the charter of fundamental rights of the european union , the union recognises and respects the right of people with disabilities to benefit from measures designed to ensure their independence , social and occupational integration and participation in the life of the community . ### the charter of fundamental rights of the european union prohibits all forms of discrimination , including on grounds of disability , and states that the union recognises and respects the right of people with disabilities to benefit from measures designed to ensure their independence , social and occupational integration and participation in the life of the community .


### 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 .


### 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 . taking into consideration that its use by people whose vision is impaired seriously and in the long term would have a clear social interest and would be essentially conducted on a non - profit regime , measures need to be taken to improve accessibility to the works in accessible formats and to improve their circulation in the internal market , as well as to increase availability where necessary and where the conditions set forth in this directive are met and to collect data regarding such access , including the publication of information on the authorised entities established in the territory .


### pnr data help law enforcement authorities prevent , detect , investigate and prosecute serious crimes , including acts of terrorism , by comparing them with various databases of persons and objects sought , to construct evidence and , where relevant , to find associates of criminals and unravel criminal networks . ### pnr data may help law enforcement authorities prevent , detect , investigate and prosecute serious crimes , including acts of terrorism , by comparing them with various databases of persons and objects sought , to construct evidence and , where relevant , to find associates of criminals and unravel criminal networks .


### 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 , processing against predetermined criteria or any other form of profiling . moreover , no such decision should be taken by reason of a person’s sex , racial , ethnic or social origin , genetic features , language , political opinions , religious or philosophical beliefs , membership of political or other associations , trade union membership , dietary habits , health , disability or sexual orientation .


### pnr data are necessary to effectively prevent , detect , investigate and prosecute terrorist offences and serious crime and thus enhance internal security . ### pnr data may be a useful tool to effectively prevent , detect , investigate and prosecute terrorist offences and serious crime and thus enhance internal security .


### 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 .


### undertake a review of the operation of this directive and submit a report to the european parliament and the council within four years after the date mentioned in article 15 . such review shall cover all the elements of this directive , with special attention to the compliance with standard of protection of personal data , the length of the data retention period and the quality of the assessments . it shall also contain the statistical information gathered pursuant to article 18 . ### undertake a review of this directive and submit a report to the european parliament and the council within four years after the date mentioned in article 15 . such review shall firstly determine whether the pnr scheme is really a necessary measure and secondly , cover all the elements of this directive , with special attention to the compliance with standard of protection of personal data , the length of the data retention period and the quality of the assessments . it shall also contain the statistical information gathered pursuant to article 18 .


### 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 article 1 of council framework decision 2002 / 475 / jha on combating terrorism37 . the definition of serious transnational 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 united nations convention against transnational organised crime . 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 . __________________ 37 oj l 164 , 22 . 6 . 2002 , p . 3 . decision as amended by council framework decision 2008 / 919 / jha of 28 november 2008 .


### 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 .


### 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 .


### for the purposes laid down in article 13 , each set of data relating to a third - country national or stateless person as referred to in article 13 shall be stored in the central system for five years from the date on which his or her fingerprints were taken . ### for the purposes laid down in article 13 , each set of data relating to a third - country national or stateless person as referred to in article 13 shall be stored in the central system for eighteen months from the date on which his or her fingerprints were taken .


### in view of strengthening the protection of unaccompanied minors who have not applied for international protection and those children who may become separated from their families , it is also necessary to take fingerprints and a facial image for storage in the central system to help establish the identity of a child and assist a member state to trace any family or links they may have with another member state . establishing family links is a key element in restoring family unity and must be is closely linked to the determination of the best interests of the child and eventually , the determination of a durable solution . ### in view of strengthening the protection of unaccompanied minors who have not applied for international protection and those children who may become separated from their families , it is also necessary to take fingerprints and a facial image for storage in the central system to help establish the identity of a child and assist a member state to trace any family or links they may have with another member state . establishing family links is a key element in restoring family unity and must be is closely linked to the determination of the best interests of the child and eventually , the determination of a durable solution . in performing all these operations , member states should adhere to the principles laid down in the united nations convention on the rights of the child of 1989 .


### during the authorisation procedure of a given gmo , the possibility should be provided for a member state to request the commission to present to the notifier / applicant its demand to adjust the geographical scope of its notification / application submitted in accordance with part c of directive 2001 / 18 / ec or in accordance with articles 5 and 17 of regulation no 1829 / 2003 to the effect that all or part of the territory of that member state be excluded from cultivation . the commission should facilitate the procedure by presenting the request of the member state to the notifier / applicant without delay and the notifier / applicant should respond to that request within an established time - limit . ### during the authorisation procedure of a given gmo , a member state may notify the commission of its intention not to allow the cultivation of the given gmo in all or part of its territory . in this case the notifier / applicant has the possibility to request the commission or the authorizing body to adjust the geographical scope of its notification / application submitted in accordance with part c of directive 2001 / 18 / ec or in accordance with articles 5 and 17 of regulation no 1829 / 2003 accordingly . the commission should inform the concerned member state and the other member states about the request of the notifier / applicant without delay .


### where the notifier / applicant opposes the adjustment of the geographical scope of its notification / application corresponding to a request made by a member state in accordance with paragraph 1 of this article , that member state may adopt measures restricting or prohibiting the cultivation of that gmo in all or part of its territory once authorised in accordance with part c of this directive or with regulation no 1829 / 2003 , provided that such measures are in conformity with union law , reasoned , proportional and non - discriminatory and , in addition , are based on compelling grounds such as those related to : ### a member state may adopt measures restricting or prohibiting the cultivation of that gmo in all or part of its territory once authorised in accordance with part c of this directive or with regulation no 1829 / 2003 , provided that such measures are in conformity with union law , reasoned , proportional and non - discriminatory . national , regional or local bans for the cultivation of a given gmo can be adopted based on grounds such as , among others , those related to :


### where the notifier / applicant opposes the adjustment of the geographical scope of its notification / application corresponding to a request made by a member state in accordance with paragraph 1 of this article , that member state may adopt measures restricting or prohibiting the cultivation of that gmo in all or part of its territory once authorised in accordance with part c of this directive or with regulation no 1829 / 2003 , provided that such measures are in conformity with union law , reasoned , proportional and non - discriminatory and , in addition , are based on compelling grounds such as those related to : ### a member state may , following the risk assessment carried out pursuant to this directive or to regulation no 1829 / 2003 and acting as risk manager , adopt measures restricting or prohibiting the cultivation of a gmo or of groups of gmos defined by crop or trait or of all gmos in all or part of its territory once authorised in accordance with part c of this directive or with regulation no 1829 / 2003 , provided that such measures are in conformity with union law , reasoned , non - discriminatory and based on grounds such as those related to :


### where the authorisation has already been granted and the authorisation holder has explicitly or tacitly agreed to a request within 30 days from the communication of the request referred to in paragraph of this article , the authorisation shall be as agreed by the authorisation holder . for a written consent under this directive , the competent authority shall amend the geographical scope of the consent accordingly as explicitly or tacitly agreed by the authorisation holder and shall inform the commission , the member states , and the authorisation holder once this is complete . for an authorisation under regulation no 1829 / 2003 , the commission shall amend the decision of authorisation accordingly , without applying the procedure set out in article 35 of that regulation . the commission shall inform the member states and the authorisation holder accordingly . ### where the authorisation has already been granted and the commission or the authorizing body explicitly or tacitly agreed to a request within 30 days from the communication of the request referred to in paragraph of this article , the authorisation shall be as agreed by the commission or the granting authority . for a written consent under this directive , the competent authority shall amend the geographical scope of the consent accordingly as explicitly or tacitly agreed by the commission or the granting authority and shall inform the commission , the member states , and the authorisation holder once this is complete . for an authorisation under regulation no 1829 / 2003 , the commission shall amend the decision of authorisation accordingly , without applying the procedure set out in article 35 of that regulation . the commission shall inform the member states and the authorisation holder accordingly


### 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 .


### 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 .


### as regards digital content supplied not in exchange for a price but against counter - performance other than money , this directive should apply only to contracts where the supplier requests and the consumer actively provides data , such as name and e - mail address or photos , directly or indirectly to the supplier for example through individual registration or on the basis of a contract which allows access to consumers ' photos . this directive should not apply to situations where the supplier collects data necessary for the digital content to function in conformity with the contract , for example geographical location where necessary for a mobile application to function properly , or for the sole purpose of meeting legal requirements , for instance where the registration of the consumer is required for security and identification purposes by applicable laws . this directive should also not apply to situations where the supplier collects information , including personal data , such as the ip address , or other automatically generated information such as information collected and transmitted by a cookie , without the consumer actively supplying it , even if the consumer accepts the cookie . it should also not apply to situations where the consumer is exposed to advertisements exclusively in order to gain access to digital content . ### as regards digital content or digital services supplied not in exchange for a price but against counter - performance other than money , this directive should apply only to contracts where the supplier requests and the consumer actively provides data , such as name and e - mail address or photos , directly or indirectly to the supplier for example through individual registration or on the basis of a contract which allows access to consumers ' photos . this directive should not apply to situations where the supplier collects data necessary for the digital content or digital service to function in conformity with the contract , for example geographical location where necessary for a mobile application to function properly , or for the sole purpose of meeting legal requirements , for instance where the registration of the consumer is required for security and identification purposes by applicable laws . it should also not apply to situations where the consumer is exposed to advertisements exclusively in order to gain access to digital content .


### fully harmonised consumer contract law rules in all member states will make it easier for businesses to offer digital content cross - border . they will have a stable contract law environment when selling online and otherwise at a distance to other member states . fully harmonised rules specific for digital content throughout the eu will remove the complexity caused by the different national rules that currently apply to contracts for the supply of digital content . they will also prevent legal fragmentation that otherwise would arise from new national legislations regulating specifically digital content . ### fully harmonised consumer contract law rules in all member states will make it easier for businesses to offer digital content and digital services cross - border . they will have a stable contract law environment when selling online and otherwise at a distance to other member states . fully harmonised rules specific for digital content and digital services throughout the eu will remove the complexity caused by the different national rules that currently apply to contracts for the supply of digital content and digital services . they will also prevent legal fragmentation that otherwise would arise from new national legislations regulating specifically digital content and digital services .


### 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 and uniform level of protection . they will have clear rights when they receive or access digital content and 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 and uniform rights that will enable them to address problems they face with digital content and digital services .


### upon termination , the supplier may prevent any further use of the digital content by the consumer , in particular by making the digital content not accessible to the consumer or disabling the user account of the consumer , without prejudice to point of paragraph 2 . ### upon termination , the supplier may prevent any further use of the digital content or service by the consumer , in particular by making the digital content not accessible to the consumer or disabling the user account of the consumer , without prejudice to point of paragraph 2 .


### fully harmonised consumer contract law rules in all member states will make it easier for businesses to offer digital content cross - border . they will have a stable contract law environment when selling online and otherwise at a distance to other member states . fully harmonised rules specific for digital content throughout the eu will remove the complexity caused by the different national rules that currently apply to contracts for the supply of digital content . they will also prevent legal fragmentation that otherwise would arise from new national legislations regulating specifically digital content . ### fully harmonised consumer contract law rules in all member states will make it easier for businesses to offer digital content and digital services cross - border . they will have a stable and uniform contract law environment when selling online and otherwise at a distance to other member states . fully harmonised rules specific for digital content and digital services throughout the eu will remove the complexity caused by the different national rules that currently apply to contracts for the supply of digital content and / or digital services . they will also prevent legal fragmentation that otherwise would arise from new national legislations regulating specifically digital content and digital services .


### the growth potential of e - commerce has not yet been fully exploited . the digital single market strategy for europe29 tackles in a holistic manner the major obstacles to the development of cross - border e - commerce in the union in order to unleash this potential . ensuring better access for consumers to digital content and facilitating businesses to supply digital content is necessary to boost the union ' s digital economy and stimulate overall growth . _________________ 29 com 192 final . ### the growth potential of e - commerce has not yet been fully exploited . this directive tackles some major obstacles to the development of cross - border e - commerce in the union in order to unleash this potential . ensuring better access for consumers to digital content&#160 ; and services and facilitating businesses to supply digital content&#160 ; and digital services is necessary to boost the union ' s digital economy and stimulate overall growth .


### the directive should address problems across different categories of digital content and its supply . in order to cater for fast technological developments and to maintain the future - proof nature of the notion of digital content , this notion as used in this directive should be broader than in directive 2011 / 83 / eu of the european parliament and of the council . 30 in particular it should cover services which allow the creation , processing or storage of data . while there are numerous ways for digital content to be supplied , such as transmission on a durable medium , downloading by consumers on their devices , web - streaming , allowing access to storage capabilities of digital content or access to the use of social media , this directive should apply to all digital content independently of the medium used for its transmission . differentiating between different categories in this technologically fast changing market is not desirable because it would hardly be possible to avoid discriminations between suppliers . a level - playing field between suppliers of different categories of digital content should be ensured . however this directive should not apply to digital content which is embedded in goods in such a way that it operates as an integral part of the goods and its functions are subordinate to the main functionalities of the goods . _________________ 30 oj l 304 , 22 . 11 . 2011 , p . 64 . ### the directive should address problems across different categories of digital content and digital services and their supply . in order to ensure directive 2011 / 83 / eu of the european parliament and of the council30 is applied properly , the notion of ' digital content ' should refer to it and include , for example computer programmes , applications , games , music , videos or texts . the directive should furthermore cover digital services which allow the creation , processing or storage of data , such as cloud services or file hosting services , digital services allowing data sharing such as social media , video or audio - sharing platforms , instant messaging services . while there are numerous ways for digital content or digital services to be supplied , such as transmission on a durable medium , downloading by consumers on their devices , web - streaming , allowing access to storage capabilities of digital content or access to the use of social media , this directive should apply to all digital content or digital services independently of the medium used for their transmission . differentiating between different categories in this technologically fast changing market is not desirable because it would hardly be possible to avoid discriminations between suppliers . a level playing - field between suppliers of different categories of digital content and digital services should be ensured . however this directive should not apply to digital content which is embedded in goods in such a way that it operates as an integral part of the goods and its functions are subordinate to the main functionalities of the goods . _________________ 30 oj l 304 , 22 . 11 . 2011 , p . 64


### where the digital content has been supplied in exchange for a payment of a price and over the period of time stipulated in the contract , the consumer may terminate the contract only in relation to that part of the period of time where the digital content has not been in conformity with the contract . ### where the digital content or service has been supplied in exchange for a payment of a price and over the period of time stipulated in the contract , the consumer may terminate the contract only in relation to that part of the period of time where the digital content or service has not been in conformity with the contract .


### in cases where the contract does not stipulate sufficiently clear and comprehensive benchmarks to ascertain the conformity of the digital content with the contract , it is necessary to set objective conformity criteria to ensure that consumers are not deprived of their rights . in such cases the conformity with the contract should be assessed considering the purpose for which digital content of the same description would normally be used . ### the contract should stipulate sufficiently clear and comprehensive benchmarks to ascertain the conformity of the digital content or service with the contract , it is necessary to set objective conformity criteria to ensure that consumers are not deprived of their rights . in such cases the conformity with the contract should be assessed considering the purpose for which digital content or services of the same description would normally be used , taking into account the nature of the content and service and , if applicable , public statements made by or on behalf of the supplier or other persons in previous links of the commercial transaction chain .