### the general and sector - specific programmes and their updates shall be communicated to the other member states and the commission and , subject to article 6 , shall be made accessible to the public electronically and , where appropriate , by other means . ### the general and sector - specific programmes and their updates shall be communicated to the other member states via the commission and , subject to article 6 , shall be made accessible to the public electronically and , where appropriate , by other means .


### where , in the course of carrying out the checks referred to in article 6 or as a result of information received , market surveillance authorities have sufficient reason to believe that a product that is placed or made available on the market or is used in the course of the provision of a service may present a risk , they shall carry out a risk assessment in relation to that product taking account of the considerations and criteria set out in article 13 . ### where , in the course of carrying out the checks referred to in article 6 or as a result of information received , market surveillance authorities have sufficient reason to believe that a product that is placed or made available on the market or is used in the course of the provision of a service may present a risk , including non - compliance with the applicable union legislation , they carry out a risk assessment in relation to that product taking account of the considerations and criteria set out in article 13 .


### market surveillance authorities shall take due consideration of any readily available test result and risk assessment that has already been carried out or issued in relation to the product by an economic operator or any other person or authority including the authorities of other member states . ### market surveillance authorities shall take consideration of any readily available and comprehensible test result and risk assessment that has already been carried out or issued in relation to the product by an economic operator or any other person or authority including the authorities of other member states .


### in relation to a product that is subject to union harmonisation legislation , formal non - compliance with that legislation shall give market surveillance authorities sufficient reason to believe that the product may present a risk in any of the following cases : ### in relation to a product that is subject to union harmonisation legislation , formal non - compliance with that legislation may give market surveillance authorities sufficient reason to believe that the product may present a risk in any of the following cases :


### in relation to a product that is subject to union harmonisation legislation , formal non - compliance with that legislation shall give market surveillance authorities sufficient reason to believe that the product may present a risk in any of the following cases : ### in relation to a product , formal non - compliance with eu legislation shall give market surveillance authorities sufficient reason to believe that the product may present a risk in any of the following cases :


### regardless whether the risk assessment shows that the product in fact presents a risk , market surveillance authorities shall require the economic operator to rectify the formal non - compliance . if the economic operator fails to do so , market surveillance authorities shall ensure that the product is withdrawn or recalled . ### regardless whether the risk assessment shows that the product in fact presents a risk , the economic operator shall rectify the formal non - compliance . if the economic operator fails to do so , market surveillance authorities may ensure that the product is withdrawn or recalled . for minor infringements , a warning may be issued or a penalty payment imposed .


### in the case of a product that is liable to present a risk only in certain conditions or only to certain persons and where such risk is not addressed by requirements of union harmonisation legislation : ### in the case of a product that is liable to present a risk only in certain conditions or only to certain persons and where such risk is not addressed by requirements of union legislation :


### market surveillance authorities may charge fees on economic operators which wholly or partly cover the costs of their activities , including testing carried out for the risk assessment , where they take measures in accordance with paragraphs 1 or 4 . ### market surveillance authorities shall charge fees on the relevant economic operators which wholly or partly cover the costs of their activities , including testing carried out for the risk assessment , where they take measures in accordance with paragraphs 1 or 4 . the fees shall be calculated on the basis of the actual costs of each market surveillance activity , and shall be applied to the economic operators subject to such market surveillance activities . such fee shall not exceed the actual costs of the market surveillance activity performed and may partly or entirely reflect the time taken by the staff of the market surveillance authorities to perform the market surveillance controls .


### where an objection is raised by a member state pursuant to paragraph 1 or the commission considers that the national measures may be contrary to union legislation , the commission shall without delay enter into consultation with the relevant economic operator and shall evaluate the national measures , taking account of all available scientific or technical evidence . ### where an objection is raised by a member state pursuant to paragraph 1 or the commission considers that the national measures may be contrary to union legislation , the commission shall without delay enter into consultation with the notifying member state and the relevant economic operator and shall evaluate , within 60 days at the most , the national measures , taking account of all available scientific or technical evidence .


### where an objection is raised by a member state under paragraph 1 or the commission considers that the refusal may be contrary to union legislation , the commission shall without delay enter into consultation with the relevant economic operator and shall evaluate the refusal , taking account of all available scientific or technical evidence . ### where an objection is raised by a member state under paragraph 1 or the commission considers that the refusal may be contrary to union legislation , the commission shall without delay enter into consultation with the notifying member state and the relevant economic operator and shall , within a maximum period of 60 days evaluate the national measures , taking account of all available scientific or technical evidence .


### for products and risks subject to regulation no 1907 / 2006 , a decision taken by the commission pursuant to paragraph 1 of this article shall be valid for up to two years and may be extended for additional periods of up to two years . such a decision shall be without prejudice to procedures provided in that regulation . ### for products subject to regulation no 1907 / 2006 , the commission may take a decision , pursuant to paragraph 1 of this article , only if it has justifiable grounds for believing that urgent action is essential to protect human health or the environment . a decision taken by the commission pursuant to paragraph 1 of this article shall be valid for up to two years and may be extended for additional periods of up to two years . such a decision shall be without prejudice to procedures provided in that regulation . the commission shall immediately inform the member states and the european chemicals agency thereof , giving reasons for its decision and submitting the scientific or technical information on which the provisional measure is based . if the provisional measure adopted by the commission involves restricting the placing on the market or use of a substance , the commission shall initiate a community restrictions procedure by submitting to european chemicals agency a dossier , in accordance with annex xv to regulation no 1907 / 2006 , within three months of the date of the commission decision .


### risk assessment ### safety assessment


### any requirements laid down in or pursuant to union harmonisation legislation that apply to the product and relate to the potential risk under consideration , taking full account of test reports or certificates attesting conformity and issued by a conformity assessment body ; ### any requirements laid down in or pursuant to union harmonisation legislation that apply to the product and relate to the potential risk under consideration , taking account of test reports or certificates attesting conformity and issued by a conformity assessment body ;


### any requirements laid down in or pursuant to union harmonisation legislation that apply to the product and relate to the potential risk under consideration , taking full account of test reports or certificates attesting conformity and issued by a conformity assessment body ; ### any requirements laid down in or pursuant to union harmonisation legislation that apply to the product and relate to the potential risk under consideration , taking full account of test , inspection and calibration reports or certificates attesting conformity and issued by a conformity assessment body accredited in accordance with regulation no 765 / 2008 ;


### in the case of perishable products , the authorities in charge of external border controls shall , as far as possible , seek to ensure that any requirements they may impose with regard to the storage of products or the parking of vehicles used for transport are not incompatible with the preservation of those products . ### in the case of perishable products , the authorities in charge of external border controls shall , as far as possible , facilitate measures to ensure that any requirements they may impose with regard to the storage of products or the parking of vehicles used for transport are not incompatible with the preservation of those products


### a product the release of which has been suspended by the authorities in charge of external border controls pursuant to article 14 shall be released if , within three working days of the suspension of release , those authorities have not been requested by the market surveillance authorities to continue the suspension or they have been informed by the market surveillance authorities that the product does not present a risk , and provided that all the other requirements and formalities pertaining to such release have been fulfilled . ### a product the release of which has been suspended by the authorities in charge of external border controls pursuant to article 14 shall be released if , within three working days of the notification of suspension of release , those authorities have not been requested by the market surveillance authorities to continue the suspension or they have been informed by the market surveillance authorities that the product does not present a risk , and provided that all the other requirements and formalities pertaining to such release have been fulfilled .


### compliance with the requirements of any union harmonisation legislation that apply to the product upon its release which relate to the potential risk under consideration , taking full account of test reports or certificates attesting conformity and issued by a conformity assessment body , shall raise a presumption on the part of market surveillance authorities that the product does not present a risk . however , this shall not prevent those authorities from instructing the authorities in charge of external border controls not to release the product where there is evidence that , despite such compliance , the product does in fact present a risk . ### compliance with the requirements of any union harmonisation legislation that apply to the product upon its release which relate to the potential risk under consideration , taking account of test reports or certificates attesting conformity and issued by a conformity assessment body , shall raise a presumption on the part of market surveillance authorities that the product does not present a risk . however , this shall not prevent those authorities from instructing the authorities in charge of external border controls not to release the product where there is evidence that , despite such compliance , the product does in fact present a risk .


### compliance with the requirements of any union harmonisation legislation that apply to the product upon its release which relate to the potential risk under consideration , taking full account of test reports or certificates attesting conformity and issued by a conformity assessment body , shall raise a presumption on the part of market surveillance authorities that the product does not present a risk . however , this shall not prevent those authorities from instructing the authorities in charge of external border controls not to release the product where there is evidence that , despite such compliance , the product does in fact present a risk . ### compliance with the requirements of any union harmonisation legislation that apply to the product upon its release which relate to the potential risk under consideration , taking full account of test , inspection and calibration reports or certificates attesting conformity and issued by a conformity assessment body accredited in accordance with regulation no 765 / 2008 , shall raise a presumption on the part of market surveillance authorities that the product does not present a risk . however , this shall not prevent those authorities from instructing the authorities in charge of external border controls not to release the product where there is evidence that , despite such compliance , the product does in fact present a risk .


### participation in rapex shall be open to applicant countries , third countries or international organisations within the framework of and in accordance with agreements between the union and those countries or organisations . any such agreements shall be based on reciprocity and include provisions on confidentiality corresponding to those applicable in the union . ### participation in rapex shall be open to applicant countries , third countries or international organisations within the framework of and in accordance with agreements between the union and those countries or organisations . any such agreements shall be based on reciprocity and include provisions on confidentiality corresponding to those applicable in the union as well as special provisions on personal data protection , as required by article 25 of directive 95 / 46 / ec and article 9 of regulation no 45 / 2001 .


### the nature and level of the risk , including a summary of the results of the risk assessment ; ### the data necessary to identify the product ;


### the nature of any non - compliance with union harmonisation legislation ; ### the nature and risk level and summary of safety and risk assessment findings ;


### any non - compliance with union harmonisation legislation other than measures or corrective action notified under rapex in accordance with article 20 ; ### any non - compliance with union legislation other than measures or corrective action notified under rapex in accordance with article 20 ;


### icsms may also be made available , where necessary or appropriate , for use by the authorities in charge of controls at the external borders . ### icsms shall also be made available , where necessary or appropriate , for use by the authorities in charge of controls at the external borders .


### market surveillance authorities shall recognise the validity and make use of test reports prepared by or for their counterparts in other member states and entered into icsms . ### market surveillance authorities shall as far as possible take into account and make use of test reports prepared by or for their counterparts in other member states and entered into icsms


### market surveillance authorities shall recognise the validity and make use of test reports prepared by or for their counterparts in other member states and entered into icsms . ### market surveillance authorities shall recognise the validity and make use of test , inspection or calibration reports prepared by or for their counterparts in other member states and entered into icsms .


### the commission and member states may exchange confidential information , including information exchanged through rapex , with regulatory authorities of third countries or international organisations with which the commission and the member state or group of member states have concluded bilateral or multilateral confidentiality arrangements based on reciprocity . ### the commission , together with the member states may exchange confidential information , including information exchanged through rapex , with regulatory authorities of third countries or international organisations with which the commission and member states have concluded bilateral or multilateral confidentiality arrangements based on reciprocity .


### the commission and member states may exchange confidential information , including information exchanged through rapex , with regulatory authorities of third countries or international organisations with which the commission and the member state or group of member states have concluded bilateral or multilateral confidentiality arrangements based on reciprocity . ### the commission and member states may exchange confidential information , including information exchanged through rapex , with regulatory authorities of applicant countries , third countries or international organisations with which the commission and the member state or group of member states have concluded bilateral or multilateral confidentiality arrangements based on reciprocity .


### there shall be efficient cooperation and exchange of information among the market surveillance authorities of the member states , among the different authorities within each member state and between market surveillance authorities and the commission and the relevant union agencies regarding market surveillance programmes and all issues relating to products presenting a risk . ### there shall be efficient cooperation and exchange of information among the market surveillance authorities of the member states , among the different authorities within and among the member states and between market surveillance authorities and the commission and the relevant union agencies regarding market surveillance programmes and all issues relating to products presenting a risk .


### the emsf may invite experts and other third parties to attend meetings or provide written contributions . ### the emsf may invite experts and other third parties to attend meetings or provide written contributions on a regular and continuous basis .


### to organise joint market surveillance and joint testing projects ; ### to facilitate the organisation of joint market surveillance and joint testing projects ;


### to organise training programmes and exchanges of national officials ; ### to facilitate the organisation of training programmes and exchanges of national officials ;


### to organise information campaigns and joint visit programmes ; ### to facilitate the organisation of information campaigns and joint visit programmes ;


### contributing to the resolution of disputes between the authorities of member states , economic operators and conformity assessment bodies ; ### settling any disputes arising out of a divergent risk assessment among the market surveillance authorities of different member states , the economic operators and the conformity assessment bodies ;


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


### the revised european system of accounts set up by this regulation includes a methodology and a transmission programme . the commission should make those accounts and tables available to users on precise dates , particularly with regard to monitoring the economic convergence and achieving close coordination of the member states’ economic policies . ### the revised european system of accounts set up by this regulation includes a methodology and a transmission programme . the commission should make those accounts and tables available to users on precise dates , particularly with regard to monitoring economic convergence and achieving close coordination of the member states’ economic policies . the european parliament should be briefed regularly on the entire monitoring process applied to the european system of accounts .


### the union is facing unprecedented challenges resulting from increased dependence on energy imports and scarce energy resources , and the need to limit climate change and to overcome the economic crisis . energy efficiency is a valuable means to address these challenges . it improves the union ' s security of supply by reducing primary energy consumption and decreasing energy imports . it helps to reduce greenhouse gas emissions in a cost - effective way and thereby to mitigate climate change . shifting to a more energy - efficient economy should also accelerate the spread of innovative technological solutions and improve the competitiveness of industry in the union , boosting economic growth and creating high quality jobs in several sectors related to energy efficiency . ### the union is facing major challenges arising at least partly from the strong scepticism which is felt towards shale gas , the refusal to import oil products derived from oil sands and the move away from using domestically mined coal and the resultant increased dependence on energy imports from insecure third countries and dwindling energy resources . energy efficiency is one among several valuable means to address these challenges , as it can decouple economic growth and the rise in energy demand . shifting to a more energy - efficient economy should also accelerate the spread of innovative technological solutions without favouring individual producers or suppliers and improve the competitiveness of industry in the union , boosting economic growth and creating high quality jobs in several sectors related to energy efficiency .


### in its resolution of 15 december 2010 on the revision of the energy efficiency action plan , the european parliament called on the commission to include in its revised energy efficiency action plan measures to close the gap to reach the overall eu energy efficiency objective in 2020 . ### in its resolution of 15 december 2010 on the revision of the energy efficiency action plan , the european parliament called on the commission to include in its revised energy efficiency action plan measures to close the assumed gap to reach the overall eu energy efficiency objective in 2020 . more recent data and information show that the gap is considerably smaller than was assumed even as recently as mid - 2011 .


### in its resolution of 15 december 2010 on the revision of the energy efficiency action plan , the european parliament called on the commission to include in its revised energy efficiency action plan measures to close the gap to reach the overall eu energy efficiency objective in 2020 . ### in its resolution of 15 december 2010 on the revision of the energy efficiency action plan , the european parliament called on the commission to include in its revised energy efficiency action plan measures to close the gap to reach the overall eu energy efficiency objective in 2020 ; this gap is currently around 204 mtoe of the 368 mtoe savings sought .


### the rate of building renovation needs to be increased , as the existing building stock represents the single biggest potential sector for energy savings . moreover , buildings are crucial to achieving the eu objective of reducing greenhouse gas emissions by 80 - 95% by 2050 compared to 1990 . buildings owned by public bodies account for a considerable share of the building stock and have high visibility in public life . it is therefore appropriate to set an annual rate of renovation of all buildings owned by public bodies to upgrade their energy performance . this renovation rate should be without prejudice to the obligations with regard to nearly - zero energy buildings set in directive 2010 / 31 / eu of the european parliament and of the council of 19 may 2010 on the energy performance of buildings . the obligation to renovate public buildings complements the provisions of that directive , which requires member states to ensure that when existing buildings undergo major renovation their energy performance is upgraded so that they meet minimum energy performance requirements . ### the rate of building renovation needs to be increased , as the existing building stock represents the single biggest potential sector for energy savings . moreover , buildings are crucial to achieving the eu objective of reducing greenhouse gas emissions by 80 - 95% by 2050 compared to 1990 . buildings owned by public bodies account for a considerable share of the building stock and have high visibility in public life . it is therefore appropriate to set an annual rate of renovation of all buildings owned by public bodies to upgrade their energy performance . this renovation rate should be without prejudice to the obligations with regard to nearly - zero energy buildings set in directive 2010 / 31 / eu of the european parliament and of the council of 19 may 2010 on the energy performance of buildings . the obligation to renovate public buildings complements the provisions of that directive , which requires member states to ensure that when existing buildings undergo major renovation their energy performance is upgraded so that they meet minimum energy performance requirements . the definition of ' public buildings ' includes offices of public bodies such as national , regional and municipal governments , yet excludes public services such as schools and museums .


### an assessment of the possibility of establishing a ‘ white certificate’ scheme at union level has shown that , in the current situation , such a system would create excessive administrative costs and that there is a risk that energy savings would be concentrated in a number of member states and not introduced across the union . the latter objective can better be achieved , at least at this stage , by means of national energy efficiency obligation schemes or other alternative measures that achieve the same amount of energy savings . the commission should however define , by a delegated act , the conditions under which a member state could in future recognise the energy savings achieved in another member state . it is appropriate for the level of ambition of such schemes to be established in a common framework at union level while providing significant flexibility to member states to take full account of the national organisation of market actors , the specific context of the energy sector and final customers ' habits . the common framework should give energy utilities the option of offering energy services to all final customers , not only to those to whom they sell energy . this increases competition in the energy market because energy utilities can differentiate their product by providing complementary energy services . the common framework should allow member states to include requirements in their national scheme that pursue a social aim , notably in order to ensure that vulnerable customers have access to the benefits of higher energy efficiency . it should also allow member states to exempt small companies from the energy efficiency obligation . the commission communication ‘ small business act’ sets out principles that should be taken into account by member states that decide to abstain from applying this possibility . ### an assessment of the possibility of establishing a ‘ white certificate’ scheme at union level has shown that , in the current situation , such a system would create excessive administrative costs and that there is a risk that energy savings would be concentrated in a number of member states and not introduced across the union . the latter objective can better be achieved , at least at this stage , by means of national energy efficiency obligation schemes or other alternative measures that achieve the same amount of energy savings . the commission should however define , by a delegated act , common criteria according to which energy efficiency measures could be measured and verified as well as the conditions under which a member state could in future recognise the energy savings achieved in another member state . it is appropriate for the level of ambition of such schemes to be established in a common framework at union level while providing significant flexibility to member states to take full account of the national organisation of market actors , the specific context of the energy sector and final customers ' habits . the common framework should give energy utilities and other eligible actors the option of offering energy services to all final customers . the common framework should allow member states to include requirements in their national scheme that pursue a social aim , notably in order to ensure that vulnerable customers have access to the benefits of higher energy efficiency . it should also allow member states to exempt small companies from the energy efficiency obligation . the commission communication ‘ small business act’ sets out principles that should be taken into account by member states that decide to abstain from applying this possibility .


### to tap the energy savings potential in certain market segments where energy audits are generally not offered commercially , member states should ensure that energy audits are available . energy audits should be mandatory and regular for large enterprises , as energy savings can be significant . ### to tap the energy savings potential in certain market segments where energy audits are generally not offered commercially , member states should ensure that energy audits are available . member states should be able to create incentives for large enterprises which regularly undergo energy audits also to implement large parts of the resultant recommendations , provided that the ensuing energy savings are substantial and that no direct competitor is damaged .


### most eu businesses are small and medium - sized enterprises . they represent an enormous energy saving potential for the eu . to help them adopt energy efficiency measures , member states should establish a favourable framework aimed at providing smes with technical assistance and targeted information . ### most eu businesses are small and medium - sized enterprises . they represent an enormous energy saving potential for the eu . to help them adopt energy efficiency measures , member states should establish a favourable framework aimed at providing smes with technical assistance and targeted information . ideally , smes would then also be made responsible for implementing energy efficiency and savings measures , so that new jobs would be created there , or at least existing ones retained .


### a sufficient number of reliable professionals competent in the field of energy efficiency should be available to ensure the effective and timely implementation of this directive , for instance as regards compliance with the requirements on energy audits and implementation of energy efficiency obligation schemes . member states should therefore put in place certification schemes for the providers of energy services , energy audits and other energy efficiency improvement measures . ### a sufficient number of reliable professionals competent in the field of energy efficiency should be available to ensure the effective and timely implementation of this directive , for instance as regards compliance with the requirements on energy audits and implementation of energy efficiency obligation schemes . member states should therefore put in place certification schemes for the providers of energy services , energy audits and other energy efficiency improvement measures . the member states should also offer special language courses for qualified expert staff in order to promote the mobility of service providers and workers within the eu .


### since the objective of this directive , which is to achieve the union ' s energy efficiency target of 20% primary energy savings by 2020 and pave the way towards further energy efficiency improvements beyond 2020 , is not on track to be achieved by the member states without taking additional energy efficiency measures , and can be better achieved at union level , the union may adopt measures , in accordance with the principle of subsidiarity as set out in article 5 of the treaty on european union . in accordance with the principle of proportionality , as set out in that article , this directive does not go beyond what is necessary in order to achieve that objective . ### since the objective of this directive , which is to achieve the union ' s energy savings target of 20% primary energy savings by 2020 and pave the way towards further energy efficiency improvements and further energy savings beyond 2020 , is not on track to be achieved by the member states without taking additional energy efficiency measures , the eu should be able to make recommendations to the member states as to the best instruments to be used . energy savings can nearly always be achieved at local level , and so in accordance with the principle of subsidiarity as set out in article 5 of the treaty on european union concrete measures should be adopted as close to the citizen as possible . furthermore , traditions as well as climatic , economic and other conditions within the eu and to some extent within the member states vary so much that there is a need for instruments tailored to each case . the eu cannot do justice to this diversity through binding instructions as to the instruments to be used . 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 that objective .


### since the objective of this directive , which is to achieve the union ' s energy efficiency target of 20% primary energy savings by 2020 and pave the way towards further energy efficiency improvements beyond 2020 , is not on track to be achieved by the member states without taking additional energy efficiency measures , and can be better achieved at union level , the union may adopt measures , in accordance with the principle of subsidiarity as set out in article 5 of the treaty on european union . in accordance with the principle of proportionality , as set out in that article , this directive does not go beyond what is necessary in order to achieve that objective . ### if the objective of this directive , which is to achieve the union ' s non - binding energy efficiency target of 20% primary energy savings by 2020 and pave the way towards further energy efficiency improvements beyond 2020 , is not on track to be achieved by the member states without taking additional energy efficiency measures , the union might adopt measures , while strictly complying with the principle of subsidiarity as set out in article 5 of the treaty on european union and in accordance with the principle of proportionality , as set out in that article .


### it lays down rules designed to remove barriers in the energy market and overcome market failures that impede efficiency in the supply and use of energy , and provides for the establishment of national energy efficiency targets for 2020 . ### it makes recommendations designed to remove barriers in the energy market and the energy service markets and overcome market failures that impede efficiency in the supply and use of energy , and provides for the establishment of national energy savings targets for 2020 .


### for the purposes of paragraph 1 , by 1 january 2014 , member states shall establish and make publicly available an inventory of buildings owned by their public bodies indicating : ### for the purposes of paragraph 1 and without prejudice to directive 2010 / 31 / eu , by 1 january 2014 , member states shall establish and make publicly available an inventory of buildings owned by their public bodies with a total useful floor area over 500 m2 and by 31 december 2018 over 250 m2 indicating :


### energy audits carried out in an independent manner resulting from energy management systems or implemented under voluntary agreements concluded between organisations of stakeholders and an appointed body and supervised by the member state concerned or by the commission , shall be considered as fulfilling the requirements of paragraph 2 . ### energy audits carried out in an independent manner resulting from energy management systems or implemented under voluntary agreements concluded between organisations of stakeholders and an appointed body and supervised by the member state concerned or by the commission , shall be considered as fulfilling the requirements of paragraph 2 . the requirement for independence allows the audits to be carried out by in - house experts , provided that these are qualified or accredited , that they are not directly engaged in the activity audited , and that the member state has put in place a scheme to assure and check their quality .


### energy audits carried out in an independent manner resulting from energy management systems or implemented under voluntary agreements concluded between organisations of stakeholders and an appointed body and supervised by the member state concerned or by the commission , shall be considered as fulfilling the requirements of paragraph 2 . ### energy audits carried out in an objective manner resulting from energy management systems or implemented under voluntary agreements concluded between organisations of stakeholders and an appointed body and supervised by the member state concerned or by the commission , shall be considered as fulfilling the requirements of paragraph 2 . no market participant should be excluded from offering energy services .


### energy audits carried out in an independent manner resulting from energy management systems or implemented under voluntary agreements concluded between organisations of stakeholders and an appointed body and supervised by the member state concerned or by the commission , shall be considered as fulfilling the requirements of paragraph 2 . ### energy audits carried out in an independent manner resulting from energy management systems or implemented under voluntary agreements concluded between organisations of stakeholders and an appointed body and supervised by the member state concerned or by the commission , shall be considered as fulfilling the requirements of paragraph 2 . for this purpose energy audits shall comply with most recent recognized international standards .


### energy audits may stand alone or be part of a broader environmental audit . ### energy audits can be carried out by in - house experts , provided that these are qualified or accredited . member states shall create the right framework conditions to assure sufficient availability of accredited and qualified experts in the market . energy audits may stand alone or be part of a broader environmental audit .


### member states shall ensure that final customers for electricity , natural gas , district heating or cooling and district - supplied domestic hot water are provided with individual meters that accurately measure and allow to make available their actual energy consumption and provide information on actual time of use , in accordance with annex vi . ### member states shall ensure that final customers for electricity , natural gas , district and / or central heating or cooling and district - supplied and / or central domestic hot water are provided with individual meters that accurately measure , and allow readings to be taken of , their actual energy consumption and provide information on actual time of use , in accordance with annex vi .


### when member states put in place the roll - out of smart meters foreseen by directives 2009 / 72 / ec and 2009 / 73 / ec concerning electricity and gas markets , they shall ensure that the objectives of energy efficiency and final customer benefits are fully taken into account when establishing the minimum functionalities of the meters and obligations imposed on market participants . ### when member states put in place the roll - out of smart meters foreseen by directives 2009 / 72 / ec and 2009 / 73 / ec concerning electricity and gas markets , they shall seek to ensure that the objectives of energy efficiency and final customer benefits are fully taken into account when establishing the minimum functionalities of the meters and obligations imposed on market participants .


### the threshold conditions related to the availability of heat load set out in point 1 of annex viii are not met ; ### a cost - benefit analysis carried out for the individual installation shows that the costs outweigh the benefits in comparison with the full life - cycle costs , including infrastructure investment , of providing the same amount of electricity and heat with separate heating or cooling ; or


### a cost - benefit analysis shows that the costs outweigh the benefits in comparison with the full life - cycle costs , including infrastructure investment , of providing the same amount of electricity and heat with separate heating or cooling . ### the threshold conditions related to the availability of additional heat load set out in point 1 of annex viii are not met .


### a cost - benefit analysis shows that the costs outweigh the benefits in comparison with the full life - cycle costs , including infrastructure investment , of providing the same amount of electricity and heat with separate heating or cooling . ### a cost - benefit analysis shows that the costs outweigh the benefits .


### member states shall notify such conditions for exemption to the commission by 1 january 2014 . the commission may refuse those conditions or make suggestions for modifications in the 6 months following notification . in such cases , the conditions for exemption shall not be applied by the member state concerned until the commission expressly accepts the resubmitted or modified conditions . ### member states shall notify such conditions for exemption to the commission by 1 january 2014 . the commission may make suggestions for modifications in the 6 months following notification . in such cases , the conditions for exemption shall not be applied by the member state concerned until the commission expressly accepts the resubmitted or modified conditions .


### member states shall notify such conditions for exemption to the commission by 1 january 2014 . the commission may refuse those conditions or make suggestions for modifications in the 6 months following notification . in such cases , the conditions for exemption shall not be applied by the member state concerned until the commission expressly accepts the resubmitted or modified conditions . ### member states shall notify such conditions for exemption to the commission . the commission may refuse those conditions or make suggestions for modifications in the 6 months following notification . in such cases , the conditions for exemption shall not be applied by the member state concerned until the commission expressly accepts the resubmitted or modified conditions .


### member states may lay down conditions for exemption from the provisions of paragraph 6 when : ### member states shall lay down conditions for exemption from the provisions of paragraph 6 when :


### member states shall ensure the removal of those incentives in transmission and distribution tariffs that unnecessarily increase the volume of distributed or transmitted energy . in this respect , in accordance with article 3 of directive 2009 / 72 / ec and article 3 of directive 2009 / 73 / ec , member states may impose public service obligations relating to energy efficiency on undertakings operating in the electricity and gas sectors . ### member states shall ensure the removal of those incentives in transmission and distribution tariffs that counter - act energy efficiency in the generation , transmission and distribution of energy . in this respect , in accordance with article 3 of directive 2009 / 72 / ec and article 3 of directive 2009 / 73 / ec , member states may impose public service obligations relating to energy efficiency on undertakings operating in the electricity and gas sectors .


### member states shall ensure the removal of those incentives in transmission and distribution tariffs that unnecessarily increase the volume of distributed or transmitted energy . in this respect , in accordance with article 3 of directive 2009 / 72 / ec and article 3 of directive 2009 / 73 / ec , member states may impose public service obligations relating to energy efficiency on undertakings operating in the electricity and gas sectors . ### member states shall ensure the removal of those incentives in transmission and distribution tariffs that unnecessarily increase the volume of distributed or transmitted energy . in this respect , in accordance with article 3 of directive 2009 / 72 / ec and article 3 of directive 2009 / 73 / ec , member states may impose public service obligations relating to energy efficiency on undertakings operating in the electricity and gas sectors . this should not prevent network operators introducing cost - based tariff structures .


### with a view to achieving a high level of technical competence , objectivity and reliability , member states shall ensure that , by 1 january 2014 , certification schemes or equivalent qualification schemes are available for providers of energy services , energy audits and energy efficiency improvement measures , including for installers of building elements as defined in article 2 of directive 2010 / 31 / eu . ### with a view to achieving a high level of technical competence , objectivity and reliability , member states shall where they deem it necessary ensure that , by 1 january 2014 , certification schemes or equivalent qualification schemes are available for providers of energy services , energy audits and energy efficiency improvement measures , including for installers of building elements as defined in article 2 of directive 2010 / 31 / eu .


### the commission shall evaluate the annual reports and supplementary reports and assess the extent to which member states have made progress towards the achievement of the national energy efficiency targets required by article 3 and towards the implementation of this directive . the commission shall send its assessment to the european parliament and the council . based on its assessment of the reports the commission may issue recommendations to member states . ### the commission shall evaluate the annual reports and supplementary reports and assess the extent to which member states have made progress towards the achievement of the national energy efficiency targets required by article 3 and towards the implementation of this directive . this assessment shall take into account developments in energy intensity calculated using the indicators in annex xiv , part 1 , paragraph . the commission shall send its assessment to the european parliament and the council . based on its assessment of the reports the commission may issue recommendations to member states .


### as a consequence of the entry into force of the lisbon treaty , the terminology of regulation no 207 / 2009 should be updated . this implies the replacement of ' community trade mark ' by ' european trade mark ' . in line with the common approach on decentralised agencies , agreed in july 2012 by the european parliament , the council and the commission , the name ' office for harmonisation in the internal market ' should be replaced by ' european union trade marks and designs agency ' . ### as a consequence of the entry into force of the lisbon treaty , the terminology of regulation no 207 / 2009 should be updated . this implies the replacement of ‘ community trade mark’ by ‘ european union trade mark’ . in line with the common approach on decentralised agencies , agreed in july 2012 by the european parliament , the council and the commission , the name ' office for harmonisation in the internal market ' should be replaced by ' european union trade marks and designs agency ' .


### in order to allow for more flexibility while ensuring greater legal certainty with regard to the means of representation of trademarks , the requirement of graphic representability should be deleted from the definition of a european trade mark . a sign should be permitted to be represented in any appropriate form , and thus not necessarily by graphic means , as long as the representation enables the competent authorities and the public to determine with precision and clarity the precise subject matter of protection . ### in order to allow for more flexibility while ensuring greater legal certainty with regard to the means of representation of trademarks , the requirement of graphic representability should be deleted from the definition of a european union trade mark . a sign should be permitted to be represented in any appropriate form , and thus not necessarily by graphic means , as long as the representation uses freely available technology and enables the competent authorities and the public to determine with precision and clarity the precise subject matter of protection .


### with the aim of strengthening trade mark protection and combatting counterfeiting more effectively , the proprietor of a european trade mark should be entitled to prevent third parties from bringing goods into the customs territory of the union without being released for free circulation there , where such goods come from third countries and bear without authorization a trade mark which is essentially identical to the european trade mark registered in respect of such goods . ### with the aim of strengthening trade mark protection and combating counterfeiting more effectively , the proprietor of a registered trade mark , assisted by the national authorities , should be entitled to prevent third parties from bringing goods into the customs territory of the union without being released for free circulation there , where such goods come from third countries and bear without authorization a trade mark which is essentially identical to the european trade mark registered in respect of such goods .


### in order to ensure legal certainty and safeguard trade mark rights legitimately acquired , it is appropriate and necessary to lay down , without affecting the principle that the later trade mark cannot be enforced against the earlier trade mark , that proprietors of european trade marks should not be entitled to oppose the use of a later trade mark when the later trade mark was acquired at a time when the earlier trade mark could not be enforced against the later trade mark . ### in order to ensure legal certainty and safeguard trade mark rights legitimately acquired , it is appropriate and necessary to lay down , without affecting the principle that the later trade mark cannot be enforced against the earlier trade mark , that proprietors of european trade marks should not be entitled to oppose the use of a later trade mark when the later trade mark was acquired at a time when the earlier trade mark could not be enforced against the later trade mark . when carrying out checks , customs authorities must make use of the powers and procedures laid down in eu legislation regarding customs enforcement of intellectual property rights .


### trademarks which are excluded from registration pursuant to union legislation or international agreements to which the union is party , providing for protection of traditional terms for wine and traditional specialities guaranteed ; ### trademarks which are excluded from registration pursuant to union legislation or international agreements to which the union is party , providing for protection of spirit drinks , traditional terms for wine and traditional specialities guaranteed ;


### the registration of a european trade mark shall confer on the proprietor exclusive rights . ### the registration of a european trade mark shall confer on the proprietor exclusive rights in particular , the positive right to use it and to prevent any third party not having his consent from using it .


### the sign is identical , or similar to , the european trade mark and is used for goods or services which are identical with or similar to the goods or services for which the european trade mark is registered , if there exists a likelihood of confusion on the part of the public ; the likelihood of confusion includes the likelihood of association between the sign and the trade mark ; ### without prejudice to point a the sign is identical , or similar to , the european trade mark and is used for goods or services which are identical with or similar to the goods or services for which the european trade mark is registered , if there exists a likelihood of confusion on the part of the public ; the likelihood of confusion includes the likelihood of association between the sign and the trade mark ;


### using the sign as a trade or company name or part of a trade or company name ; ### using the sign as a trade or company name or part of a trade or company name , or domain names ;


### the date of filing of a european trade mark application shall be the date on which documents containing the information specified in article 26 are filed with the agency by the applicant , subject to payment of the application fee for which the order for payment shall have been given at the latest on that date . ’ ; ### the date of filing of a european trade mark application shall be the date on which documents containing the information specified in article 26 are filed with the agency or the office by the applicant , subject to payment of the application fee within a period of one month of filing the abovementioned documents ;


### the date of filing of a european trade mark application shall be the date on which documents containing the information specified in article 26 are filed with the agency by the applicant , subject to payment of the application fee for which the order for payment shall have been given at the latest on that date . ### the date of filing of a european union trade mark application shall be the date on which documents containing the information specified in article 26 are filed with the agency by the applicant subject to payment of the application fee within a period of one month of filing the abovementioned documents .


### priority claims shall be filed together with the european trade mark application and shall include the date , number and country of the previous application . ### an applicant desiring to take advantage of the priority of a previous application shall file a declaration of priority and a copy of the previous application . if the language of the latter is not one of the languages of the agency , the applicant shall file a translation of the previous application in one of those languages .


### the agency may provide voluntary mediation services for the purpose of assisting parties in reaching an amicable settlement . ### the agency may provide online and offline voluntary mediation services for the purpose of facilitating access to alternative dispute resolution procedures and promoting amicable settlement of disputes , including under directive 2008 / 52 / ec of the european parliament and of the council of 21 may 2008 on certain aspects of mediation in civil and commercial matters9a . _____________ 9a oj l 136 , 24 . 5 . 2008 , p . 3 .


### this cooperation shall cover the following areas of activity : ### this cooperation shall in particular cover the following areas of activity :


### the agency shall define , elaborate and coordinate common projects of union interest with regard to the areas referred to in paragraph 1 . the project definition shall contain the specific obligations and responsibilities of each participating industrial property office of the member states and the benelux office for intellectual property . ### the agency shall , in cooperation with the offices of the member states , define , elaborate and coordinate common projects of union interest with regard to the areas referred to in paragraph 1 . the project definition shall contain the specific obligations and responsibilities of each participating industrial property office of the member states and the benelux office for intellectual property .


### the agency shall provide financial support to the common projects of union interest referred to in paragraph 2 to the extent this is necessary to ensure the effective participation of the industrial property offices of the member states and the benelux office for intellectual property in the projects within the meaning of paragraph 3 . that financial support may take the form of grants . the total amount of funding shall not exceed 10% of the yearly income of the agency . the beneficiaries of grants shall be the industrial property offices of the member states and the benelux office for intellectual property . grants may be awarded without calls for proposals in accordance with the financial rules applicable to the agency and with the principles of grant procedures contained in the financial regulation no 966 / 2012 of the european parliament and of the council and in the commission delegated regulation no 1268 / 2012 . ### the agency shall provide financial support to the common projects of interest to the union and member states referred to in paragraph 2 to the extent this is necessary to ensure the effective participation of the industrial property offices of the member states and the benelux office for intellectual property in the projects within the meaning of paragraph 3 . that financial support may take the form of grants . the total amount of funding shall be at least 5% of the yearly income of the agency and cover the minimal amount for every member state for purposes closely related to the protection , promotion or enforcement . the beneficiaries of grants shall be the industrial property offices of the member states and the benelux office for intellectual property . grants may be awarded without calls for proposals in accordance with the financial rules applicable to the agency and with the principles of grant procedures contained in the financial regulation no 966 / 2012 of the european parliament and of the council and in the commission delegated regulation no 1268 / 2012 .


### the management board shall be composed of one representative of each member state and two representatives of the commission and their alternates . ### the management board shall be composed of one representative of each member state , one representative of the commission , and one representative of the european parliament , and their alternates .


### the executive director shall be appointed by the management board , from a list of candidates proposed by the commission , following an open and transparent selection procedure . before being appointed , the candidate selected by the management board may be invited to make a statement before any competent european parliament committee and to answer questions put by its members . for the purpose of concluding the contract with the executive director , the agency shall be represented by the chairperson of the management board . ### the executive director shall be appointed by the management board from a list of at least three candidates proposed following an open and transparent selection procedure by a selection committee made up of two representatives of the member states and representatives of the commission and the european parliament . before being appointed , the candidate selected by the management board may be invited to make a statement before a competent european parliament committee and to answer questions put by its members . for the purpose of concluding a contract with the executive director , the agency shall be represented by the chairperson of the management board .


### the executive director may be removed from office only upon a decision of the management board acting on a proposal from the european commission . ### the removal from office of the executive director may only take place upon a decision of the management board , reached by a two - thirds majority of its members and acting on a proposal from the european commission or the european parliament .


### the term of office of the executive director shall be five years . by the end of that period , the commission shall undertake an assessment which takes into account an evaluation of the performance of the executive director and the agency ' s future tasks and challenges . ### the executive director shall hold office for a term of five years . the executive director’s term of office may be extended once by the management board , for a single period of five years or until the age of retirement , if this is reached during the course of the term of office .


### environmental protection expenditure accounts present data , in a way that is fully compatible with the data reported under esa , on the expenditure for environmental protection , i . e . the economic resources devoted by resident units to environmental protection . the accounts allow compiling the national expenditure for environmental protection which is defined as the sum of uses of ep services by resident units , gross fixed capital formation for ep activities , and transfers for ep which are not a counterpart of previous items , less financing by the rest of the world . ### environmental protection expenditure accounts present data , in a way that is compatible with the data reported under esa , on the expenditure for environmental protection , i . e . the economic resources devoted by resident units to environmental protection . the accounts allow compiling the national expenditure for environmental protection which is defined as the sum of uses of ep services by resident units , gross fixed capital formation for ep activities , and transfers for ep which are not a counterpart of previous items , less financing by the rest of the world .


### – vat and other taxes less subsidies on products on environmental protection services , ### – value - added tax and other taxes less subsidies on products on environmental protection services ,


### in order to meet user needs for complete and timely datasets , the commission shall produce , as soon as sufficient country data becomes available , estimates for the eu - 27 totals for the main aggregates of this module . the commission shall , wherever possible , produce and publish estimates for data that have not been transmitted by member states within the deadline specified in point 2 . ### in order to meet user needs for complete and timely datasets , the commission shall produce , as soon as sufficient country data becomes available , estimates for the eu - 28 totals for the main aggregates of this module . the commission shall , wherever possible , produce and publish estimates for data that have not been transmitted by member states within the deadline specified in point 2 .


### the first reference year is the year in which this regulation enters into force . ### the first reference year is the year following the year of entry into force of this regulation .


### in the first data transmission , member states shall include annual data from 2013 to the first reference year . ### in the first data transmission , member states shall include annual data from 2014 to the first reference year .


### statistics shall be transmitted within 18 months of the end of the reference year . ### statistics shall be transmitted within 21 months of the end of the reference year .


### for the characteristics referred to in section 3 , the following data shall be reported : ### for the characteristics referred to in section 3 , the following data shall be reported in physical units :


### – supply table for energy flows in physical units . this table records the supply of natural energy inputs , energy products , and energy residuals by origin , i . e . ‘ supplier’ . ### – supply table for energy flows . this table records the supply of natural energy inputs , energy products , and energy residuals by origin , i . e . ‘ supplier’ .


### the ‘ bridge’ from the residence principle indicator to the territory based indicator is presented for the entire national economy and is obtained as follows : total energy use by resident units – energy use by resident units abroad + energy use by non - residents on the territory = gross inland energy consumption ### the ‘ bridge’ from the residence principle indicator to the territory based indicator is presented for the entire national economy and is obtained as follows : total energy use by resident units – energy use by resident units abroad + energy use by non - residents on the territory + statistical differences = gross inland energy consumption


### paragraph 47 of the final declaration of the united nations rio + 20 conference , ‘ the future we want’13 , recognises the importance of corporate sustainability reporting and encourages companies , where appropriate , to consider integrating sustainability information into their reporting cycle . it also encourages industry , interested governments and relevant stakeholders with the support of the united nations system , as appropriate , to develop models for best practice and facilitate action for the integration of financial and non - financial information , taking into account experiences from already existing frameworks . __________________ 13 united nations , ‘ the future we want’ , outcome document of the united nations conference on sustainable development rio + 20 , a / conf . 216 / l . 1 ### paragraph 47 of the final declaration of the united nations rio + 20 conference , ‘ the future we want’13 , recognises the importance of corporate sustainability reporting and encourages companies , where appropriate , to consider integrating sustainability information into their reporting cycle . it also encourages industry , interested governments and relevant stakeholders with the support of the united nations system , as appropriate , to develop models for best practice and facilitate action for the integration of financial and non - financial information , taking into account experiences from already existing frameworks . consequently the eu companies should , under this directive , be required to publish their non - financial statement as part of their financial statement . __________________ 13 united nations , ‘ the future we want’ , outcome document of the united nations conference on sustainable development rio + 20 , a / conf . 216 / l . 1


### as required by article 51a of directive 78 / 660 / eec , the report of the statutory auditors should also contain an opinion concerning the consistency or otherwise of the annual report , including non - financial information contained in the annual report , with the annual accounts for the same financial year . ### as required by article 51a of directive 78 / 660 / eec , the report of the statutory auditors should also contain an opinion in a form of a statement concerning the non - financial information contained in the annual report , and the consistency thereof with the annual accounts for the same financial year .


### the obligation to disclose their diversity policies for their administrative , management and supervisory bodies with regard to aspects such as age , gender , geographical diversity , educational and professional background should only apply to large listed companies . therefore small and medium - sized companies that may be exempted from certain accounting obligations under article 27 of directive 78 / 660 / eec should not be covered to by this obligation . disclosure of the diversity policy should be part of the corporate governance statement , as laid down by article 46a of directive 78 / 660 / eec . companies not having a such a diversity policy should not be obliged to put one in place , but they should clearly explain why this is the case . ### the obligation to disclose their diversity policies for their administrative , management and supervisory bodies with regard to gender and other aspects such as age , geographical diversity , disability , educational and professional background should only apply to large listed companies . therefore small and medium - sized companies that may be exempted from certain accounting obligations under article 27 of directive 78 / 660 / eec should not be covered to by this obligation . disclosure of the diversity policy should be part of the corporate governance statement , as laid down by article 46a of directive 78 / 660 / eec . companies not having a such a diversity policy should not be obliged to put one in place , but they should clearly explain why this is the case .


### in providing such information the company may rely on national , eu - based or international frameworks and , if so , shall specify which frameworks it has relied upon . ### in providing such information the company shall rely as minimum on the guiding principles on business and human rights implementing the united nations ' protect , respect and remedy ' framework and the organisation for economic co - operation and development guidelines for multinational enterprises . the company may additionally rely on national , eu - based or international frameworks and , if so , shall specify which frameworks it has relied upon . by 31 december 2018 the latest , the commission shall adopt , by means of delegated acts in accordance with article [ 49 new directive 2013 / 34 ] , and regularly update , criteria for a common european non - financial reporting framework . this criteria shall build on existing national , eu - based or international frameworks and shall contain key performance indicators in the matters on which information has to be provided .


### for parent undertakings of undertakings to be consolidated that together exceed an average number of 500 employees during the financial year , and , on their balance sheet dates , exceed either a balance sheet total of eur 20 million or a net turnover of eur 40 million , the review shall also include a non - financial statement containing information relating to at least environmental , social and employee matters , respect for human rights , anti - corruption and bribery matters , including the following : ### for parent undertakings of undertakings to be consolidated that together exceed an average number of 500 employees during the financial year , and , on their balance sheet dates , exceed either a balance sheet total of eur 20 million or a net turnover of eur 40 million , the review shall also include a non - financial statement containing information relating to at least environmental , social and employee matters , respect for human rights , anti - corruption and bribery matters , taking into account the undertaking ' s whole supply chain , including the following :


### this directive respects the fundamental rights and observes the principles recognised in particular by the charter of fundamental rights of the european union , including the protection of personal data , freedom of expression and information , the right to a fair trial , presumption of innocence and the rights of the defence , as well as the principles of legality and proportionality of criminal offences and penalties . in particular , this directive seeks to ensure full respect for these rights and principles and must be implemented accordingly . ### this directive respects the fundamental rights , in particular the right to privacy , and observes the principles recognised in particular by the charter of fundamental rights of the european union , including the protection of personal data , freedom of expression and information , the right to a fair trial , presumption of innocence and the rights of the defence , as well as the principles of legality and proportionality of criminal offences and penalties . in particular , this directive seeks to ensure full respect for these rights and principles and must be implemented accordingly .


### in compliance with the communication on ' a budget for europe 2020 ' , the scope of the egf should be broadened to facilitate the adaptation of farmers to a new market situation resulting from international trade agreements in the agricultural sector and leading to a change or a significant adjustment in the agricultural activities of the affected farmers so as to assist them to become structurally more competitive or to facilitate their transition to non - agricultural activities . ### in compliance with the communication on ' a budget for europe 2020 ' , the scope of the egf should be broadened to facilitate the adaptation of farmers to a new market situation resulting from international trade agreements in the agricultural sector and leading to a change or a significant adjustment in the agricultural activities of the affected farmers so as to assist them to become structurally more competitive or to facilitate their transition to non - agricultural activities . this regulation recognises that this principle can be extended to all the workers displaced by international trade agreements , including farmers .


### actions benefiting from financial contributions by the fund pursuant to article 2 and shall aim to ensure that a minimum of 50 % of workers participating in these actions find stable employment within a year from the date of application . ### actions benefiting from financial contributions by the fund pursuant to article 2 and shall aim to ensure that a minimum of 50 % of workers participating in these actions find stable employment within a year from the date of application . this objective should be reassessed as part of the mid - term review of this regulation .


### workers made redundant as a result of major structural changes in world trade patterns due to globalisation , demonstrated , in particular , by a substantial increase in imports into the union , a rapid decline of the union market share in a given sector or a delocalisation of activities to non - member countries , where these redundancies have a significant adverse impact on the local , regional or national economy ; ### workers made redundant as a result of major changes in world trade patterns due to globalisation , demonstrated , in particular , by a serious shift in the export - import pattern of the union ' s trade in goods or services , a decline of the union market share in a given sector or a delocalisation of activities to non - member countries , where these redundancies have a significant adverse impact on the local , regional or national economy ;


### ' a worker ' means owner - managers of micro , small and medium - sized enterprises and self - employed workers and all members of the household active in the business , provided that , if farmers , they were already producing the output affected by the relevant trade agreement before the measures concerning the specific sector were implemented . ### ' a worker ' means owner - managers of micro , small and medium - sized enterprises and self - employed workers and all the members of the household that are declared to be active in the business , provided that they were already producing the output affected by the relevant trade agreement before the measures concerning the specific sector were implemented .


### in small labour markets or in exceptional circumstances , where duly substantiated by the applicant member state , an application for a financial contribution under this article may be considered admissible even if the criteria laid down in points or of paragraph 1 are not entirely met , when redundancies have a serious impact on employment and the local economy . the member state shall specify which of the intervention criteria set out in points and of paragraph 1 is not entirely met . ### in small labour markets or in exceptional circumstances , in particular with regard to collective applications involving smes , where duly substantiated by the applicant member state , an application for a financial contribution under this article may be considered admissible even if the criteria laid down in points or of paragraph 1 are not entirely met , when redundancies have a serious impact on employment and the local economy . the member state shall specify which of the intervention criteria set out in points and of paragraph 1 is not entirely met .


### the member state shall submit a complete application to the commission within a period of 12 weeks from the date on which the criteria set in article 4 or are met or , where applicable , before the deadline set by the commission in accordance with article 4 . in exceptional and duly justified circumstances the application may be supplemented with additional information by the applicant member state within six months from the date of application , following which the commission shall assess the application on the basis of the available information . the commission shall complete its assessment of the application within twelve weeks of the date of receipt of a complete application or six months after the date of the initial application , whichever is the earlier . ### the member state shall submit a complete application to the commission within a period of 12 weeks from the date on which the criteria set in article 4 or are met or , where applicable , before the deadline set by the commission in accordance with article 4 . in exceptional and duly justified circumstances the application may be supplemented with additional information by the applicant member state within six months from the date of application , following which the commission shall assess the application on the basis of the available information . the commission shall complete its assessment of the application within twelve weeks of the date of receipt of a complete application or six months after the date of the initial application , whichever is the earlier . in considering applications , the commission shall ensure that the egf funds are disbursed to the benefit of all the sectors , regions and member statesthat are the most in need .


### the commission shall implement information and communication activities on egf cases and outcomes . ### the commission shall implement information and communication activities in order to ensure that all the countries , regions and sectors of employment of the union are aware of these possibilities and shall report on the use of the fund annually on a country - by - country and sector - by - sector basis .


### technical progress and innovation with regard to measuring instruments covered by the directives being repealed is ensured in practice either by the voluntary application of the international and european standards which have been developed or by the application of national provisions implementing such new specifications . furthermore , the free circulation within the internal market of all products concerned by them is ensured by the satisfactory application of articles 28 to 30 of the ec treaty and of the mutual recognition principle . ### technical progress and innovation with regard to measuring instruments covered by the directives being repealed will be ensured in practice either by the voluntary application of the international and european standards which have been developed or by the application of national provisions implementing such new specifications or in line with the principles of better law - making , by including additional provisions in directive 2004 / 22 / ec of the european parliament and of the council of 31 march 2004 on measuring instruments1 . furthermore , the free circulation within the internal market of all products concerned by them is ensured by the satisfactory application of articles 28 to 30 of the ec treaty and of the mutual recognition principle . 1 oj l 135 , 30 . 4 . 2004 , p . 1 .


### technical progress and innovation with regard to measuring instruments covered by the directives being repealed is ensured in practice either by the voluntary application of the international and european standards which have been developed or by the application of national provisions implementing such new specifications . furthermore , the free circulation within the internal market of all products concerned by them is ensured by the satisfactory application of articles 28 to 30 of the ec treaty and of the mutual recognition principle . ### technical progress and innovation with regard to measuring instruments covered by the directives being repealed will be ensured in practice either by the voluntary application of the international and european standards which have been developed or by the application of national provisions implementing such new specifications or by including additional provisions in directive 2004 / 22 / ec of the european parliament and of the council of 31 march 2004 on measuring instruments1 . furthermore , the free circulation within the internal market of all products concerned by them is ensured by the satisfactory application of articles 28 to 30 of the ec treaty and of the mutual recognition principle . oj l 135 , 30 . 4 . 2004 , p . 1 .


### directives 71 / 317 / eec , 71 / 347 / eec , 71 / 349 / eec , 74 / 148 / eec , 75 / 33 / eec , 76 / 765 / eec , 76 / 766 / eec and 86 / 217 / eec should therefore be repealed . ### directives 71 / 317 / eec , 71 / 347 / eec , 74 / 148 / eec , 75 / 33 / eec , 76 / 765 / eec , 76 / 766 / eec and 86 / 217 / eec should be repealed only after assessing whether the scope of directive 2004 / 22 / ec should be extended in order to include the measuring instruments covered by the directives to be repealed . the commission should carry out that assessment in parallel with its report on the implementation of directive 2004 / 22 / ec under article 25 thereof .


### eec pattern approvals and eec certificates issued until { 31 december 2009 } under the directives referred to in article 1 shall remain valid . ### eec pattern approvals and eec certificates issued until 31 december 2010 under directive 71 / 349 / eec referred to in article - 1 shall remain valid . 2 . eec pattern approvals and eec certificates issued until 30 april 2013 under the directives referred to in article 1 shall remain valid .


### the central authorities of a member state responsible for the organisation of official controls and of other official activities , in accordance with this regulation and the rules referred to in article 1 ; ### the central authorities of a member state responsible for the organisation or implementation of official controls and of other official activities , in accordance with this regulation and the rules referred to in article 1 ;


### any other authority to which that responsibility has been conferred ; ### any other local or regional authority on which that competence has been conferred ;


### ' animals ' means animals as defined in point of article 4 of regulation no xxx / xxxx [ office of publications , please insert number of the regulation on animal health ] ; ### ' animals ' means animals as defined in point of article 4 of regulation no xxx / xxxx [ office of publications , please insert number of the regulation on animal health ] , falling within the scope of one or more of the rules referred to in article 1 ;


### animals or goods ; ### animals , plants , plant products , other objects or goods ;


### activities under the control of operators falling within the scope of the rules referred to in article 1 and equipment , means of transport , substances and materials used to perform those activities ; ### activities under the control of operators falling within the scope of the rules referred to in article 1 and equipment , means of transport , substances , materials and plant protection products used to perform those activities ;


### places where operators perform their activities ; ### places where operators perform their activities and , when necessary , adjacent areas ;


### ' documentary check ' means the examination of the official certificates , official attestations and other document including documents of a commercial nature , which are required to accompany the consignment as provided for by the rules referred to in article 1 , article 54 , or by implementing acts adopted in accordance with articles 75 , 125 , 127 and 128 ; ### ‘ documentary check’ means the examination of the official certificates and other document including documents of a commercial nature , which are required to accompany the consignment as provided for by the rules referred to in article 1 , article 54 , or by implementing acts adopted in accordance with articles 75 , 125 , 127 and 128 ;


### ' identity check ' means a visual inspection to verify that the content and the labelling of a consignment , including the marks on animals , seals and means of transport , correspond with the information provided in the official certificates , official attestations and other documents accompanying it ; ### ' identity check ' means a visual inspection to verify that the content and the labelling of a consignment , including the marks on animals , attestations , seals and means of transport , correspond with the information provided in the official certificates , official attestations and other documents accompanying it ;


### member states may confer to the competent authorities referred to in paragraph 1 the responsibility to carry out controls for the verification of compliance with , or for the application of , rules , including those regulating specific risks which may arise from the presence of alien species in the union , other than those referred to in article 1 . ### member states may confer to the competent authorities referred to in paragraph 1 the responsibility to carry out controls for the verification of compliance with , or for the application of , rules .


### confidentiality obligations of the staff of the competent authorities ### confidentiality obligations of the staff at the service of the competent authorities


### paragraphs 1 and 2 shall not prevent the competent authorities from publishing or making otherwise available to the public information about the outcome of official controls regarding individual operators , provided that the following conditions are met : ### paragraphs 1 and 2 shall not prevent the competent authorities from publishing or making otherwise available to the public information about the outcome of official controls regarding individual operators established on their territory , provided that the following conditions are met :


### animals and goods ; ### animals , pests , plants , plant products , other objects and goods ;


### on animals and goods at all stages of production , processing and distribution ; ### on animals , plants , plant products , use of plant protection products and goods at all stages of production , processing and distribution ;


### on animals and goods at all stages of production , processing and distribution ; ### on animals and goods at all stages of production , processing , placing on the market and distribution ;


### primary producers ' installations and other businesses , including their surroundings , premises , offices , equipment , installations and machinery , transport and their animals and goods ; ### primary producers ' installations and other businesses , including their surroundings , premises and other areas , offices , equipment , installations and machinery , transport and their animals , plants , plant products , other objects , plant protection products and goods ;


### their animals and goods ; ### their animals , plants , plant products , other objects , plant protection products and goods ;


### their documents and any other relevant information . ### their documents and any other relevant information relating to the official control to be carried out .


### uniform specific requirements for the performance of official controls and uniform minimum frequency of such official controls , having regard , in addition to the criteria referred to in article 8 , to the specific hazards and risks which exist in relation to each product of animal origin and the different processes it undergoes ; ### uniform and harmonised specific requirements for the performance of official controls and harmonised minimum frequency of such official controls , having regard , in addition to the criteria referred to in article 8 , to the specific hazards and risks which exist in relation to each product of animal origin and the different processes it undergoes ;


### the first subparagraph shall not apply to the measures to be taken in accordance with article 135 or with the rules provided for in point of article 23 following official controls performed to verify compliance with the rules referred to in point of article 1 . ### the first subparagraph shall not apply to the measures to be taken in accordance with article 135 or with the rules provided for in point of article 23 and point of article 23 following official controls performed to verify compliance with the rules referred to in points and of article 1 .


### where competent authorities delegate specific official control tasks for the verification of compliance with the rules referred to in point of article 1 to one or more delegated bodies , they shall attribute a code number to each delegated body and designate authorities responsible for their approval and supervision . ### where competent authorities delegate specific official control tasks for the verification of compliance with the rules referred to in points and of article 1 to one or more delegated bodies , they shall attribute a code number to each delegated body and designate authorities responsible for their approval and supervision .


### in the absence of the union rules referred to in paragraph 1 , official laboratories shall use state - of - the - art methods for their specific analytical , testing and diagnostic needs , taking into account : ### in the absence of the union rules referred to in paragraph 1 , official laboratories shall preferably use state - of - the - art methods for their specific analytical , testing and diagnostic needs , taking into account :


### that a sufficient number of other samples be taken for a second expert opinion ; or , ### that a sufficient number of samples be taken and divided into three parts for the purpose of an initial analysis and , if appropriate , a second expert opinion at the request of the operator , then another final analysis , if there is a discrepancy between the two previous ones ;


### competent authorities shall take all steps to ensure that the operators from whom the samples are ordered in accordance with paragraph 1 : ### competent authorities , once they are in possession of the samples , shall take all steps to ensure that the operators from whom these samples are ordered in accordance with paragraph 1 :


### the competent authorities of the border control post shall finalise the ched as soon as : ### the competent authorities of the border control post shall record the decision on the consignment in the common health entry document as soon as all official controls required by article 47 have been performed .


### the commission shall be empowered to adopt delegated acts in accordance with article 139 concerning rules establishing the cases where and the conditions under which the ched must accompany consignments of the categories of animals and goods referred to in article 45 to the place of destination . ### the commission shall be empowered to adopt delegated acts in accordance with article 139 concerning rules establishing the cases where and the conditions under which the ched must accompany consignments of the categories of animals and goods referred to in article 45 to the place of destination . a copy of the ched shall in any case accompany consignments of the categories of animals and goods referred to in article 45 to the place of destination .


### border control posts shall be located in the immediate vicinity of the point of entry into the union and in a place suitably equipped to be designated by the customs authorities in accordance with article 38 of regulation no 2913 / 92 . ### border control posts shall be located in the immediate vicinity of the point of entry into the union and in a place that is suitably equipped , in accordance with article 38 of regulation no 2913 / 92 .


### consignments of animals and goods which are not declared by operators to consist of the categories of animals and goods referred to in article 45 , shall be subject to official controls by the competent authorities where there is reason to believe that such categories of animals or goods are present in the consignment . ### where the competent authorities suspect that a consignment contains certain animals and / or goods which have not been declared by operators , they shall perform the official controls referred to in article 45 . 1 .


### the competent authorities shall place the consignments referred to in paragraphs 1 and 2 under official detention until they obtain the results of the official controls provided for in those paragraphs . ### the competent authorities shall subject the consignments referred to in paragraphs 1 and 2 to more stringent checks including necessary sampling and analysis , officially detaining them until they obtain the results of the official controls provided for in those paragraphs .


### as appropriate , any such consignment shall be isolated or quarantined and animals belonging to it shall be kept and treated under appropriate conditions pending any further decision . ### as appropriate , any such consignment shall be isolated or quarantined and animals belonging to it shall be kept and treated under appropriate conditions pending any further decision . the special needs of other goods shall also be borne in mind .


### having , where possible , heard the operator responsible for the consignment , the competent authorities shall , without delay , order that the operator : ### having heard the operator responsible for the consignment , the competent authorities shall , without delay , decide which of the following courses of action to apply to it :


### measures to be taken in cases of non - compliant consignments entering the union from third countries ### measures to be taken in cases of an attempt to bring non - compliant consignments into the eu from third countries


### measures to be taken on animals or goods entering the union from third countries presenting a risk ### measures to be taken in cases of an attempt to bring non - compliant consignments into the eu from third countries presenting a risk


### the operator shall carry out all the measures ordered by the competent authorities in accordance with article 64 and and 65 without delay and , at the latest , within 60 days from the day on which the competent authorities notified the operator of their decision in accordance with article 64 . ### the operator shall carry out all the measures ordered by the competent authorities in accordance with article 64 and and 65 without delay and , at the latest , in the case of products , within 60 days from the day on which the competent authorities notified the operator of their decision in accordance with article 64 .


### the competent authorities or a delegated body specified in the approval shall : ### the competent authorities or a monitoring authority or body recognised by the commission in the field of ecological products .


### notify the commission and the other member states and operators concerned via the traces system in addition to seeking administrative assistance in accordance with the procedures established in title iv ; ### notify the commission and the other member states and operators concerned via the traces system , including the measures to be applied , in addition to seeking administrative assistance in accordance with the procedures established in title iv ;


### member states shall ensure that adequate financial resources are available to provide the staff and other resources necessary for the competent authorities to perform official controls and other official activities . ### the competent authorities shall ensure that adequate financial resources are available to provide the staff and other resources necessary for the competent authorities to perform official controls and other official activities .


### member states shall consult the operators concerned on the methods used to calculate the fees provided for in article 77 . ### member states may consult the operators concerned on the methods used to calculate the fees provided for in article 77 .


### the competent authorities shall collect fees in accordance with article 77 to recover the following costs : ### the competent authorities which collect fees in accordance with article 77 shall do so in order to recover the following costs :