### the commission should be empowered to adopt , by means of implementing acts , as regards all csf funds , decisions approving the partnership contracts , decisions on the allocation of the performance reserve , decisions suspending payments linked to member states ' economic policies , and , in the case of decommitment , decisions to amend decisions adopting programmes ; and as regards the funds , decisions identifying the regions and member states fulfilling the investment for growth and jobs criteria , decisions setting out the annual breakdown of commitment appropriations to the member states , decisions setting out the amount to be transferred from each member state ' s cf allocation to the connecting europe facility , decisions setting out the amount to be transferred from each member state ' s structural funds allocation for food for deprived people , decisions adopting and amending operational programmes , decisions on major projects , decisions on joint action plans , decisions suspending payments and decisions on financial corrections . ### the commission should be empowered to adopt , by means of implementing acts , as regards all csf funds , decisions approving the partnership contracts , and , in the case of decommitment , decisions to amend decisions adopting programmes ; and as regards the funds , decisions identifying the regions and member states fulfilling the investment for growth and jobs criteria , decisions setting out the annual breakdown of commitment appropriations to the member states , decisions setting out the amount to be transferred from each member state ' s cf allocation to the connecting europe facility , decisions setting out the amount to be transferred from each member state ' s structural funds allocation for food for deprived people , decisions adopting and amending operational programmes , decisions on major projects , decisions on joint action plans , decisions suspending payments and decisions on financial corrections .


### support from the csf funds shall be implemented in close cooperation between the commission and the member states . ### support from the csf funds shall be implemented in close cooperation between the commission and the member states in accordance with the principle of subsidiarity .


### for the partnership contract and each programme respectively , a member state shall organise a partnership with the following partners : ### for the partnership contract and each programme respectively , a member state shall organise , in accordance with article 4 , a partnership with the relevant local and regional authorities and with the following partners :


### an integrated approach to address the specific needs of geographical areas most affected by poverty or of target groups at highest risk of discrimination or exclusion , with special regard to marginalised communities , where appropriate , including the indicative financial allocation for the relevant csf funds ; ### an integrated approach to address the specific needs of the regions containing geographical areas most affected by poverty , of regions facing demographic challenges or of target groups at highest risk of discrimination or exclusion , with special regard to marginalised communities , where appropriate , including the indicative financial allocation for the relevant csf funds ;


### ex ante conditionalities shall be defined for each csf fund in the fund - specific rules . ### ex ante conditionalities shall be defined for each csf fund in the fund - specific rules . these conditionalities should , without fail , have a close substantive connection to the actual implementation of the csf fund .


### value added tax . however , vat amounts shall be eligible where they are not recoverable under national vat legislation and are paid by a beneficiary other than non - taxable person as defined in the first subparagraph of article 13 of directive 2006 / 112 / ec , provided that such vat amounts are not incurred in relation to the provision of infrastructure . ### value added tax . however , vat amounts shall be eligible where they are not recoverable under national vat legislation and are paid by a beneficiary .


### at least 25 % of the structural funds resources for less developed regions , 40% for transition regions and 52% for more developed regions in each member state shall be allocated to the esf . for the purposes of this provision , the support to a member state through the [ food for deprived people instrument ] shall be considered as part of the share of structural funds allocated to the esf . ### at least 15 % of the structural funds resources for less developed regions , 30% for transition regions and 35% for more developed regions in each member state shall be allocated to the esf . for the purposes of this provision , the support to a member state through the [ food for deprived people instrument ] shall be considered as part of the share of structural funds allocated to the esf .


### the total appropriations allocated to each member state in respect of less developed regions , transition regions and more developed regions shall not be transferable between each of those categories of regions . ### the total appropriations allocated to each member state in respect of less developed regions , transition regions and more developed regions shall not , as a general rule , be transferable between each of those categories of regions .


### by way of derogation from paragraph 1 , the commission may accept , in duly justified circumstances which are linked to the implementation of one or more thematic objectives , a proposal by a member state in its first submission of the partnership contract to transfer up to 2 % of the total appropriation for a category of regions to other categories of regions . ### by way of derogation from paragraph 1 , the commission may accept , in duly justified circumstances which are linked to the implementation of one or more thematic objectives , a proposal by a member state in its first submission of the partnership contract to transfer up to 30 % of the total appropriation for a category of regions to other categories of regions .


### the erdf and the esf may finance , in a complementary manner and subject to a limit of 5 % of union funding for each priority axis of an operational programme , a part of an operation for which the costs are eligible for support from the other fund on the basis of eligibility rules applied to that fund , provided that they are necessary for the satisfactory implementation of the operation and are directly linked to it . ### the erdf and the esf may finance , subject to a limit of 20 % of union funding for each priority axis of an operational programme , a part of an operation for which the costs are eligible for support from the other fund on the basis of eligibility rules applied to that fund , provided that they are necessary for the satisfactory implementation of the operation and are directly linked to it .


### ensuring the establishment of a single website or a single website portal providing information on , and access to , all operational programmes in that member state ; ### ensuring the establishment of a single website or a single website portal providing information on , and access to , all operational programmes in that member state ; that website or portal shall be updated promptly in the event of any changes being made ;


### informing potential beneficiaries about funding opportunities under operational programmes ; ### informing potential beneficiaries , using a range of accessible methods , about funding opportunities under operational programmes ;


### 75 % for the less developed regions of member states other than those referred to in points and , and for all regions whose gdp per capita for the 2007 - 2013 period was less than 75 % of the average of the eu - 25 for the reference period but whose gdp per capita is above 75 % of the gdp average of the eu - 27 ; ### 75 % for the less developed regions of member states which do not fulfil the criteria in points and , and for all regions which received funding under the ‘ convergence’ objective for the 2007 - 2013 period and whose gdp per capita was above 75 % of the gdp average of the eu - 27 ;


### operations for which the total eligible expenditure does not exceed eur&#160 ; 100&#160 ; 000 shall not be subject to more than one audit by either the audit authority or the commission prior to the closure of all the expenditure concerned under article 131 . other operations shall not be subject to more than one audit per accounting year by the audit authority and the commission prior to the closure of all the expenditure concerned under article 131 . these provisions are without prejudice to paragraph 4 . ### operations for which the total eligible expenditure does not exceed eur&#160 ; 200&#160 ; 000 shall not be subject to more than one audit by either the audit authority or the commission prior to the closure of all the expenditure concerned under article 131 . other operations shall not be subject to more than one audit per accounting year by the audit authority and the commission prior to the closure of all the expenditure concerned under article 131 . these provisions are without prejudice to paragraph 4 .


### the managing authority shall ensure that potential beneficiaries are informed on at least the following : ### the managing authority shall ensure that potential beneficiaries are informed , using a range of accessible methods , on at least the following :


### this directive should prohibit abuse of freedom of contract to the disadvantage of the creditor . where an agreement mainly serves the purpose of procuring the debtor additional liquidity at the expense of the creditor , for example through the exclusion of the possibility for the creditor to charge interest for late payment or specifying an interest rate for late payment which is substantially lower than the statutory interest provided for in this directive , or where the main contractor imposes on his suppliers and subcontractors terms of payment which are not justified on the grounds of the terms granted to himself , these may be considered to be factors constituting such an abuse . this directive should not affect national provisions relating to the way contracts are concluded or regulating the validity of contractual terms which are unfair to the debtor . ### this directive should prohibit abuse of freedom of contract to the disadvantage of the creditor . where a contract term or practice mainly serves the purpose of procuring the debtor additional liquidity at the expense of the creditor , for example through the exclusion of the possibility for the creditor to charge interest for late payment or specifying an interest rate for late payment which is substantially lower than the statutory interest provided for in this directive , or where the main contractor imposes on his suppliers and subcontractors terms of payment which are not justified on the grounds of the terms granted to himself , these may be considered to be factors constituting such an abuse . in accordance with the academic draft common frame of reference , any contract term or practice grossly deviating from good commercial practice , contrary to good faith and fair dealing should be considered unfair . this directive should not affect national provisions relating to the way contracts are concluded or regulating the validity of contractual terms which are unfair to the debtor .


### ‘ retention of title’ means the contractual agreement according to which the seller retains title to the goods in question until the price has been paid in full ; ### ‘ reservation of ownership’ means the contractual clause according to which the seller retains the right of ownership of the goods in question , with ownership not passing from the seller to the buyer until the price has been paid in full ;


### member states shall ensure that in commercial transactions between undertakings , the creditor is entitled to interest for late payment without the necessity of a reminder if the following conditions are satisfied : ### member states shall ensure that in commercial transactions between undertakings , the creditor is entitled to interest for late payment , starting as of right from the due date for payment , without the necessity of a reminder if the following conditions are satisfied :


### the creditor has not received the amount due on time , unless the debtor is not responsible for the delay . ### the creditor has not received the amount due on time .


### where the conditions set out in paragraph 1 are fulfilled , member states shall ensure the following : interest for late payment shall become payable from the day following the date or the end of the period for payment fixed in the contract ; if the date or period for payment is not fixed in the contract , interest for late payment shall become payable automatically within any of the following time limits : 30 days following the date of receipt by the debtor of the invoice or an equivalent request for payment ; if the debtor receives the invoice or the equivalent request for payment earlier than the goods or the services , 30 days after the receipt of the goods or services ; if a procedure of acceptance or verification , by which the conformity of the goods or services with the contract is to be ascertained , is provided for by statute or in the contract and if the debtor receives the invoice or the equivalent request for payment earlier or on the date on which such acceptance or verification takes place , 30 days after that date . 3 . member states shall ensure that the maximum duration of a procedure of acceptance or verification referred to in paragraph 2 shall not exceed 30 days , unless otherwise specified and duly justified in the tender documents and the contract . 4 . member states shall ensure that the period for payment fixed in the contract shall not exceed the time limits provided for in paragraph 2 , unless it is specifically agreed between the debtor and the creditor and is duly justified in the light of particular circumstances such as an objective need to schedule payment over a longer period . 5 . member states shall ensure that when interest for late payment becomes payable , the creditor is entitled to a lump sum compensation equal to 5% of the amount due . this compensation shall be additional to the interest for late payment . ### where the conditions set out in paragraph 1 are fulfilled , member states shall ensure the following : interest for late payment shall become payable from the day following the date or the end of the period for payment fixed in the contract ; if the date or period for payment is not fixed in the contract , interest for late payment shall become payable automatically within any of the following time limits : 45 days following the date of receipt by the debtor of the invoice or an equivalent request for payment ; if the debtor receives the invoice or the equivalent request for payment earlier than the goods or the services , 45 days after the receipt of the goods or services ; if a procedure of acceptance or verification , by which the conformity of the goods or services with the contract is to be ascertained , is provided for by statute or in the contract and if the debtor receives the invoice or the equivalent request for payment earlier or on the date on which such acceptance or verification takes place , 45 days after that date . 4 . member states shall ensure that the period for payment fixed in the contract shall not exceed the time limits provided for in paragraph 2 , unless it is specifically agreed between the debtor and the creditor and is duly justified in the light of particular circumstances such as an objective need to schedule payment over a longer period . the period for payment shall in no event exceed 60 days . 5 . member states shall ensure that when interest for late payment becomes payable , the creditor is entitled to a lump sum compensation which shall be additional to the interest for late payment and to the obligation to compensate for recovery costs . this lump - sum compensation shall amount to 3% of the amount due . after 30 days from the date on which interest for late payment becomes payable , this lump sum compensation shall be increased to 5% of the amount due .


### member states shall ensure that an enforceable title can be obtained , irrespective of the amount of the debt , within 90 calendar days of the lodging of the creditor ' s action or application at the court or other competent authority , provided that the debt or aspects of the procedure are not disputed . 2 . national legislation , regulations and administrative provisions shall apply the same conditions for all creditors who are established in the community . ### member states shall ensure that an enforceable title can be obtained , through an expedited procedure set up under national law and irrespective of the amount of the debt , within 90 calendar days of the lodging of the creditor ' s action or application at the court or other competent authority , provided that the debt or aspects of the procedure are not disputed . in this respect , creditors shall be given the possibility to have recourse to a widely accessible online claims system . 2 . national legislation , regulations , administrative provisions and the online claims system referred to in paragraph 1 shall apply the same conditions for all creditors who are established in the community .


### paragraphs 1 , 2 and 3 shall be without prejudice to the provisions of regulation 1986 / 2006 . ### paragraphs 1 , 2 and 3 shall be without prejudice to the provisions of regulation no 1896 / 2006 of the european parliament and the council of 12 december 2006 creating a european order for payment procedure1 . __________________ 1 oj l 399 , 30 . 12 . 2006 , p . 1 .


### emissions of pollutants to air , water and soil have been reduced significantly over the past decades , as have greenhouse gas emissions in recent years . eu chemicals legislation has been modernised and the use of many toxic or hazardous substances such as lead , cadmium and mercury has been restricted in products found in most households . eu citizens enjoy some of the best water quality in the world , and over 18% of the eu’s territory and 4% of its seas have been designated as protected areas for nature . ### emissions of pollutants to air , water and soil have been reduced over the past decades , as have greenhouse gas emissions in recent years . eu chemicals legislation has been modernised and the use of many toxic or hazardous substances such as lead , cadmium and mercury has been restricted in products found in most households . eu citizens enjoy some of the best water quality in the world , and over 18% of the eu’s territory and 4% of its seas have been designated as protected areas for nature .


### however , many environmental trends in the eu remain worrying , not least due to insufficient implementation of existing eu environment legislation . only 17% of species and habitats assessed under the habitats directive are in good status , and the degradation and loss of natural capital is jeopardising efforts to attain the eu’s biodiversity and climate change objectives . this has high associated costs which have not yet been properly valued in our economic or social system . thirty per cent of the eu’s territory is highly fragmented , affecting the connectivity and health of ecosystems and their ability to provide services as well as viable habitats for species . while progress has been made in the eu to decouple growth from ghg emissions , resource use and environmental impacts , resource use is still largely unsustainable and inefficient , and waste is not yet properly managed . as a result , eu businesses are foregoing the significant opportunities that resource efficiency offers in terms of competitiveness , cost reductions , improved productivity and security of supply . water quality and air pollution levels are still problematic in many parts of europe , and eu citizens continue to be exposed to hazardous substances , potentially compromising their health and wellbeing . unsustainable land use is consuming fertile soils , with impacts on food security and the achievement of biodiversity targets . soil degradation continues largely unchecked . ### however , many environmental trends in the eu remain worrying , not least due to insufficient implementation of existing eu environment legislation . only 17% of species and habitats assessed under the habitats directive are in good status . thirty per cent of the eu’s territory is highly fragmented , affecting the connectivity and health of ecosystems and their ability to provide services as well as viable habitats for species . while progress has been made in the eu to decouple growth from ghg emissions , resource use and environmental impacts , resource use is still largely unsustainable and inefficient , and waste is not yet properly managed . as a result , eu businesses are foregoing the significant opportunities that resource efficiency offers in terms of competitiveness , cost reductions , improved productivity and security of supply . water quality and air pollution levels are still problematic in many parts of europe , and eu citizens continue to be exposed to hazardous substances , potentially compromising their health and wellbeing . unsustainable land use is consuming fertile soils , with impacts on food security and the achievement of biodiversity targets . soil degradation continues largely unchecked .


### to live well in the future , urgent , concerted action should be taken now to improve ecological resilience and maximise the benefits environment policy can deliver for the economy and society , while respecting the planet’s ecological limits . this programme reflects the eu’s commitment to transforming itself into an inclusive green economy that secures growth and development , safeguards human health and well - being , provides decent jobs , reduces inequalities and invests in and preserves natural capital . ### to live well in the future , urgent , concerted action should be taken now to improve ecological resilience and maximise the benefits environment policy can deliver for the economy and society , while respecting the planet’s ecological limits . this programme reflects the eu’s commitment , as a bloc whose actions have a global impact , to working internationally to promote a transition to an inclusive green economy that secures growth and development , safeguards human health and well - being , provides decent jobs , reduces inequalities and invests in and preserves natural capital .


### the eu’s economic prosperity and well - being is underpinned by its natural capital , which includes ecosystems that provide essential goods and services , from fertile soil and multi - functional forests to productive land and seas , from fresh water and clean air to pollination , flood control and climate regulation and protection against natural disasters . a substantial body of eu legislation seeks to protect , conserve and enhance natural capital , including the water framework directive , the marine strategy framework directive , the air quality and related directives and the habitats and birds directives . legislation to tackle climate change , chemicals , industrial emissions and waste also contribute to easing the pressures on biodiversity , including ecosystems , species and habitats . ### the eu’s economic prosperity and well - being is underpinned by its natural capital , which includes natural and farmed ecosystems that provide essential goods and services , from fertile soil and multi - functional forests to multifunctional , productive land in all regions and seas , from fresh water and clean air to pollination , flood control and climate regulation and protection against natural disasters . a substantial body of eu legislation seeks to protect , conserve and enhance natural capital , including the water framework directive , the marine strategy framework directive , the air quality and related directives and the habitats and birds directives . legislation to tackle climate change , chemicals , industrial emissions and waste also contribute to easing the pressures on biodiversity , including ecosystems , species and habitats .


### protecting , conserving and enhancing the eu’s natural capital therefore also requires tackling problems at source through , inter alia , better integration of natural capital objectives into other policies , ensuring that policies are coherent and deliver co - benefits . the greening elements set out in the commission’s reform proposals , notably for eu agriculture , fisheries and cohesion policy , backed by the proposals for greening the eu budget under the multi - annual financial framework 2014 - 2020 are designed to support these objectives . for instance , aquatic ecosystems in rural areas should benefit from the linking of farm payments to compliance with relevant requirements of the wfd as set out in the commission ' s proposals for the reform of the cap . greening of the cap will also promote the environmentally beneficial agricultural practices of crop diversification , the protection of permanent grassland , and the establishment and maintenance of ecologically valuable farmland and forest areas . ### protecting , conserving and enhancing the eu’s natural capital therefore also requires tackling problems at source through , inter alia , better integration of natural capital objectives into other policies , ensuring that policies are coherent and deliver co - benefits . the greening elements set out in the reform proposals , notably for eu agriculture , fisheries and cohesion policy , backed by the proposals for greening the eu budget under the multi - annual financial framework 2014 - 2020 are designed to support these objectives . aquatic ecosystems in rural areas should benefit from the final transposition of the wfd . further greening of the cap will also promote environmentally beneficial agricultural practices in connection with direct payments and with rural development programmes .


### protecting , conserving and enhancing the eu’s natural capital therefore also requires tackling problems at source through , inter alia , better integration of natural capital objectives into other policies , ensuring that policies are coherent and deliver co - benefits . the greening elements set out in the commission’s reform proposals , notably for eu agriculture , fisheries and cohesion policy , backed by the proposals for greening the eu budget under the multi - annual financial framework 2014 - 2020 are designed to support these objectives . for instance , aquatic ecosystems in rural areas should benefit from the linking of farm payments to compliance with relevant requirements of the wfd as set out in the commission ' s proposals for the reform of the cap . greening of the cap will also promote the environmentally beneficial agricultural practices of crop diversification , the protection of permanent grassland , and the establishment and maintenance of ecologically valuable farmland and forest areas . ### protecting , conserving and enhancing the eu’s natural capital therefore also requires tackling problems at source through , inter alia , better integration of natural capital objectives into other policies , ensuring that policies are coherent and deliver co - benefits . the greening elements set out in the commission’s reform proposals , notably for eu agriculture , fisheries and cohesion policy , are backed by the proposals for greening the eu budget under the multi - annual financial framework 2014 - 2020 , which will therefore have to make provision for a budget that is sufficient to support them . for instance , aquatic ecosystems in rural areas should benefit from the linking of farm payments to compliance with relevant requirements of the wfd as set out in the commission ' s proposals for the reform of the cap . greening of the cap will also promote the environmentally beneficial agricultural practices of crop diversification , the protection of permanent grassland and permanent crops and the establishment and maintenance of ecologically valuable farmland and forest areas .


### the degradation , fragmentation and unsustainable use of land in the eu is jeopardising the provision of several key ecosystem services , threatening biodiversity and increasing europe’s vulnerability to climate change and natural disasters . it is also driving soil degradation . more than 25% of the eu ' s territory is affected by soil erosion by water , which compromises soil functions and affects the quality of freshwater . soil contamination and sealing are also persistent problems . more than half a million sites across the eu are thought to be contaminated and until they are identified and assessed , they continue to pose potentially serious environmental and health risks . every year more than 1 000 km² of land are taken for housing , industry , transport or recreational purposes . these long - term changes are difficult or costly to reverse , and nearly always involve trade - offs between various social , economic and environmental needs . member states ' planning decisions relating to land use should be made more sustainable . ### the degradation , fragmentation and unsustainable use of land in the eu is jeopardising the provision of several key ecosystem services , threatening biodiversity and increasing europe’s vulnerability to climate change and natural disasters . it is also driving soil degradation . more than 25% of the eu ' s territory is affected by soil erosion by water , which compromises soil functions and affects the quality of freshwater . soil contamination and sealing are also persistent problems . more than half a million sites across the eu are thought to be contaminated and until they are identified and assessed , they continue to pose potentially serious environmental and health risks . every year more than 1 000 km² of land are taken for housing , industry , transport or recreational purposes . these long - term changes are difficult or costly to reverse , and nearly always involve trade - offs between various social , economic and environmental needs . member states ' planning decisions relating to land use should be made more sustainable . in order to tackle the serious problem of soil sealing , member states should be required to take steps to reduce the area of land used and to preserve agricultural land areas for the production of food , feed and renewable raw materials .


### to reduce the most significant man - made pressures on land , soil and other ecosystems in europe , action will be taken to ensure that decisions relating to land use at all relevant levels give proper consideration to environmental as well as social and economic impacts . the rio + 20 summit outcome called for a ' land degradation neutral world ' . the eu and member states should reflect on how best to make such a commitment operational within their respective competencies as well as to address soil quality issues within a binding legal framework . targets will also be set for sustainable land use and soil . ### to reduce the most significant man - made pressures on land , soil and other ecosystems in europe , action will be taken at national level to ensure that decisions relating to land use at all relevant levels give proper consideration to environmental as well as social and economic impacts . the rio + 20 summit outcome called for a ' land degradation neutral world ' . such a commitment could best be honoured within the member states . in view of the subsidiarity principle , soil quality issues can best be addressed within binding legal frameworks at the level of the member states . targets will also be set for sustainable land use and soil .


### although nitrogen and phosphorus inputs to the eu environment have decreased considerably over the past 20 years , excessive nutrient releases continue to affect air and water quality and to have a negative impact on ecosystems , causing significant problems for human health . in particular , ammonia release from inefficient fertiliser management and inadequate waste water treatment urgently need to be tackled to achieve further significant reductions in nutrient releases . further efforts to manage the nutrient cycle in a more cost - effective and resource - efficient way , and to improve efficiency in use of fertilisers are also required . this calls for improving the implementation of eu environmental legislation to address these challenges , tightening standards where necessary and addressing the nutrient cycle as part of a more holistic approach which interlinks and integrates existing eu policies that play a role in tackling excessive nutrient releases and eutrophication . ### although nitrogen and phosphorus inputs to the eu environment have decreased considerably over the past 20 years , substantial nutrient releases continue to affect air and water quality and to have a negative impact on ecosystems , causing significant problems for human health . in particular , ammonia release from natural processes needs to be tackled to achieve further significant reductions in nutrient releases . further efforts to manage the nutrient cycle in a more cost - effective and resource - efficient way , and to improve efficiency in use of fertilisers are also required . this calls for improving the implementation of eu environmental legislation to address these challenges , adjusting standards where necessary and addressing the nutrient cycle as part of a more holistic approach which interlinks and integrates existing eu policies that play a role in tackling excessive nutrient releases and eutrophication .


### land is managed sustainably in the eu , soil is adequately protected and the remediation of contaminated sites is well underway . ### land is managed sustainably in the eu , soil is adequately protected in member states and the remediation of contaminated sites by the member states is well underway .


### increasing efforts to reduce soil erosion and increase soil organic matter , to remediate contaminated sites and to enhance the integration of land use aspects into coordinated decision - making involving all relevant levels of government , supported by the adoption of targets on soil and on land as a resource , and land planning objectives . ### increasing efforts at national level to reduce soil erosion and increase soil organic matter , to remediate contaminated sites and to enhance the integration of land use aspects into coordinated decision - making involving all relevant levels of government , supported by the adoption of targets on soil and on land as a resource , and land planning objectives ; increasing efforts at national level to reduce the area of land used and to preserve agricultural land areas for the production of food , feed and renewable raw materials .


### fully implementing the eu climate and energy package is essential to reach the milestones identified for 2020 and for building a competitive , low - carbon economy by 2050 . whereas the eu is currently on track to reduce domestic ghg emissions 20% below 1990 levels by 2020 , meeting the 20% energy efficiency target will require far more rapid efficiency improvements . this is also important in the light of still - growing demand for energy and the on - going debate on conflicts between land use for food and for bio - energy . the new energy efficiency directive is expected to make a significant contribution in this regard . ### fully implementing the eu climate and energy package is essential to reach the milestones identified for 2020 and for building a competitive , low - carbon economy by 2050 . whereas the eu is currently on track to reduce domestic ghg emissions 20% below 1990 levels by 2020 , meeting the 20% energy efficiency target will require far more rapid efficiency improvements . this is also important in the light of still - growing demand for energy . the new energy efficiency directive is expected to make a significant contribution in this regard .


### to set a framework for action to improve resource efficiency aspects beyond ghg emissions and energy , targets for reducing the overall environmental impact of consumption will be set , in particular in the food , housing and mobility sectors . taken together , these are responsible for almost 80% of the environmental impacts of consumption . the rio + 20 outcome recognised the need to significantly reduce post - harvest and other food losses and waste throughout the food supply chain . ### to set a framework for action to improve resource efficiency aspects beyond ghg emissions and energy , targets for reducing the overall environmental impact of consumption will be set , in particular in the food , housing and mobility sectors . taken together , these are responsible for almost 80% of the environmental impacts of consumption . the rio + 20 outcome recognised the need to significantly reduce post - harvest and other food losses and waste throughout the food supply chain . this may be achieved by improving the value attached to food and by means of regional marketing and improving logistics , transport , stocking and packaging . all parties throughout the food chain , particularly traders and consumers , have a role to play . this also includes targeted consumer education and information .


### climate change will further aggravate environment problems by causing prolonged droughts and heat waves , floods , storms and forest fires , and new or more virulent forms of human , animal or plant disease . dedicated action should be taken to ensure that the eu is adequately prepared to face the pressures and changes resulting from climate change , strengthening its environmental , economic and societal resilience . since many sectors are and will be increasingly subject to climate change impacts , adaptation and disaster risk management considerations need to be further integrated into eu policies . ### climate change will further aggravate environment problems by causing prolonged droughts and heat waves , floods , storms and forest fires , and new or more virulent forms of human , animal or plant disease . dedicated action should be taken to ensure that the eu is adequately prepared to face the pressures and changes resulting from climate change , strengthening its environmental , economic and societal resilience . since many sectors are and will be increasingly subject to climate change impacts , adaptation and disaster risk management considerations need to be further integrated into eu policies . at the same time it is important to provide businesses in the most affected sectors , such as farmers , with more accurate information on the climate risks resulting from bad practices , in addition to workable adaptation solutions .


### in addition to helping member states improve compliance , the commission will continue to do its part to ensure that legislation is fit for purpose and reflects the latest science . as a general rule , legal obligations which are sufficiently clear and precise will be enshrined in regulations , which have direct and measurable effects and lead to fewer inconsistencies in implementation . the commission will step up its use of scoreboards and other means of publicly tracking member states ' progress in implementing specific pieces of legislation . ### in addition to helping member states improve compliance , the commission will continue to do its part to ensure that legislation is proportionate , fit for purpose and reflects the latest science . as a general rule , legal obligations which are sufficiently clear and precise will be enshrined in regulations , which have direct and measurable effects and lead to fewer inconsistencies in implementation . the commission will step up its use of communication , scoreboards and other means of publicly tracking member states ' progress in implementing specific pieces of legislation and of ensuring that the public are informed about positive trends in environmental protection .


### this programme includes a number of priority objectives designed to enhance integration . in its proposals for the cap , cfp , trans - european networks and cohesion policy reforms , the commission has included measures to further support environmental integration and sustainability . for this programme to succeed , these policies should further contribute towards meeting environment - related targets and objectives . similarly , efforts primarily intended to achieve environmental improvements should be designed to deliver co - benefits for other policies wherever possible . for instance , efforts to restore ecosystems can be targeted to benefit habitats and species and to sequester carbon dioxide , while improving the delivery of ecosystem services vital for many economic sectors , such as pollination or water purification for agriculture , and creating green jobs . ### this programme includes a number of priority objectives designed to further enhance integration . in its proposals for the cap , cfp , trans - european networks and cohesion policy reforms , the commission has included measures to further support environmental integration and sustainability . for this programme to succeed , these policies should even further contribute towards meeting environment - related targets and objectives . similarly , efforts primarily intended to achieve environmental improvements should be designed to deliver co - benefits for other policies wherever possible . for instance , efforts to restore ecosystems can be targeted to benefit habitats and species and to sequester carbon dioxide , while improving the delivery of ecosystem services vital for many economic sectors , such as pollination or water purification for agriculture , and creating green jobs .


### integrating environmental and climate - related conditionalities and incentives in policy initiatives , including reviews and reforms of existing policy , as well as new initiatives , at eu and member state level ; ### further integrating environmental and climate - related conditionalities and incentives in policy initiatives , including reviews and reforms of existing policy , as well as new initiatives , at eu and member state level ;


### the creation of unitary patent protection should be achieved by giving unitary effect to european patents in the post - grant phase by virtue of this regulation and in respect of the participating member states . the main feature of european patents with unitary effect should be their unitary character , i . e . providing uniform protection and having equal effect in all participating member states . consequently , a european patent with unitary effect should only be limited , licensed , transferred , revoked or lapse in respect of all the participating member states . to ensure the uniform substantive scope of protection conferred by unitary patent protection , only european patents that have been granted for all the participating member states with the same set of claims should benefit from unitary effect . however , to ensure legal certainty in the event of a limitation or revocation on the ground of lack of novelty pursuant to article 54 epc , the limitation or revocation of a european patent with unitary effect should take effect only in respect of the participating member state designated in the earlier european patent application as published . finally , the unitary effect attributed to a european patent should have an accessory nature and should cease to exist or be limited to the extent that the basic european patent has been revoked or limited . ### the creation of unitary patent protection should be achieved by giving unitary effect to european patents in the post - grant phase by virtue of this regulation and in respect of the participating member states . the main feature of european patents with unitary effect should be their unitary character , i . e . providing uniform protection and having equal effect in all participating member states . consequently , a european patent with unitary effect should only be limited , transferred or revoked , or lapse , in respect of all the participating member states . it should be possible for a european patent with unitary effect to be licensed in respect of the whole or part of the territories of the participating member states . to ensure the uniform substantive scope of protection conferred by unitary patent protection , only european patents that have been granted for all the participating member states with the same set of claims should benefit from unitary effect . finally , the unitary effect attributed to a european patent should have an accessory nature and should cease to exist or be limited to the extent that the basic european patent has been revoked or limited .


### patent proprietors should pay one common annual renewal fee for european patents with unitary effect . renewal fees should be progressive throughout the term of the patent protection and , together with the fees to be paid to the european patent organisation during the pre - grant stage , should cover all costs associated with the grant of the european patent and the administration of the unitary patent protection . the level of the renewal fees should be fixed with the aim of facilitating innovation and fostering the competitiveness of european businesses . it should also reflect the size of the market covered by the patent and be similar to the level of the national renewal fees for an average european patent taking effect in the participating member states at the time where the level of the renewal fees is first fixed by the commission . ### patent proprietors should pay one common annual renewal fee for european patents with unitary effect . renewal fees should be progressive throughout the term of the patent protection and , together with the fees to be paid to the european patent organisation during the pre - grant stage , should cover all costs associated with the grant of the european patent and the administration of the unitary patent protection . the level of the renewal fees should be fixed with the aim of facilitating innovation and fostering the competitiveness of european businesses and should take into account the specific situation of small and medium - sized enterprises in the form of lower fees . it should also reflect the size of the market covered by the patent and be similar to the level of the national renewal fees for an average european patent taking effect in the participating member states at the time where the level of the renewal fees is first fixed .


### renewal fees should be paid to the european patent organisation . 50 percent thereof minus expenses incurred by the european patent office in carrying out tasks in relation to the unitary patent protection shall be distributed among the participating member states , which should be used for patent - related purposes . the share of distribution should be set on the basis of fair , equitable and relevant criteria namely the level of patent activity and the size of the market . the distribution should provide compensation for having an official language other than one of the official languages of the european patent office , having a disproportionately low level of patenting activity and having acquired membership of the european patent organisation relatively recently . ### renewal fees should be paid to the european patent organisation . 50 percent thereof minus expenses incurred by the european patent office in carrying out tasks in relation to the unitary patent protection shall be distributed among the participating member states , which should be used for the enforcement of this regulation and for other patent and innovation - related purposes , including for the provision of advice and support to small and medium - sized enterprises . the share of distribution should be set on the basis of fair , equitable and relevant criteria namely the level of patent activity and the size of the market . the distribution should provide compensation for having an official language other than one of the official languages of the european patent office , having a disproportionately low level of patenting activity and having acquired membership of the european patent organisation relatively recently .


### without prejudice to article 5 , a european patent with unitary effect may only be limited , licensed , transferred , revoked or lapse in respect of all the participating member states . ### without prejudice to article 5 , a european patent with unitary effect may only be limited , transferred or revoked , or lapse , in respect of all the participating member states .


### the european patent with unitary effect shall confer on its proprietor the right to prevent any third party not having the proprietor ' s consent from the following : ### the european patent with unitary effect shall confer on its proprietor a legally enforceable right ruling out the lawfulness of the following for any third party not having the proprietor ' s consent :


### the european patent with unitary effect shall confer on its proprietor the right to prevent any third party from supplying or offering to supply within the participating member states any person without the proprietor ' s consent , other than a party entitled to exploit the patented invention , with means , relating to an essential element of that invention , for putting it into effect therein , when the third party knows , or should have known , that those means are suitable and intended for putting that invention into effect . ### the european patent with unitary effect shall confer on its proprietor a legally enforceable right ruling out the lawfulness of any third party ' s supplying or offering to supply within the participating member states any person without the proprietor ' s consent , other than a party entitled to exploit the patented invention , with means , relating to an essential element of that invention , for putting it into effect therein , when the third party knows , or should have known , that those means are suitable and intended for putting that invention into effect .


### the rights conferred by the european patent with unitary effect shall not extend to any of the following : ### the rights conferred by the european patent with unitary effect shall accord with rights conferred by the treaties and union law and shall not extend to any of the following :


### acts as covered by the farmers privilege pursuant to article 14 of regulation no . 2100 / 94 which applies mutatis mutandis ; ### the use by a farmer of the product of his harvest for propagation or multiplication by him on his own holding , where there has been a sale of plant propagating material to the farmer by the proprietor of the patent or with his consent for agricultural use , corresponding to article 14 of regulation no . 2100 / 94 ;


### the use by a farmer of protected livestock for farming purposes , on condition that the breeding animals or other animal reproductive material were sold or otherwise commercialised to the farmer by the patent proprietor or with his / her consent . such use includes the provision of the animal or other animal reproductive material for the purposes of his / her agricultural activity , but not the sale in the framework of or for the purpose of commercial reproductive activity ; ### the use of an animal or animal reproductive material by a farmer for an agricultural purpose , where there has been a sale by the proprietor of the patent or with his consent to the farmer of breeding stock or other animal reproductive material which constitutes or contains the patented invention . this does not include any sale within the framework of or for the purpose of commercial reproduction activity ;


### the size of the market expressed in the number of population , ### the size of the market , while ensuring a minimum amount to be distributed to each participating member state ,


### the commission shall establish a close cooperation through a working agreement with the european patent office in the fields covered by this regulation . this cooperation shall include regular exchanges of views on the functioning of the working agreement and in particular on the issue of renewal fees and the impact on the budget of the european patent organisation . ### the commission shall establish a close cooperation through a working agreement with the european patent office in the fields covered by this regulation . this cooperation shall include regular exchanges of views on the functioning of the working agreement , in particular on the issue of renewal fees and the impact on the budget of the european patent organisation , as well as on the cooperation between the european patent office and the central industrial property offices of the participating member states , in particular as regards the provision of support for patent activities to small and medium - sized enterprises .


### sexual abuse and sexual exploitation of children , including child pornography constitute serious violations of fundamental rights , in particular the rights of the child to protection and care as is necessary for his or her well - being as stipulated by the un convention on the rights of the child and the charter of fundamental rights of the european union . ### sexual abuse and sexual exploitation of children , including child pornography constitute serious violations of fundamental rights , in particular the rights of the child to protection and care as is necessary for his or her well - being as stipulated by the un convention on the rights of the child and its optional protocols thereto , the council of europe convention on the protection of children against sexual exploitation and sexual abuse and the charter of fundamental rights of the european union .


### rules on jurisdiction should be amended to ensure that child sexual abusers or exploiters from the european union face prosecution even if they commit their crimes outside the european union , in particular via so - called sex tourism . ### rules on jurisdiction should be amended to ensure that child sexual abusers or exploiters from the european union face prosecution even if they commit their crimes outside the european union , in particular via so - called child sex tourism . offences committed against children in the context of travel abroad should be considered as having been committed in aggravating circumstances .


### child pornography , which constitutes sex abuse images , is a specific type of content which cannot be construed as the expression of an opinion . to combat it , it is necessary to reduce the circulation of child abuse material by making it more difficult for offenders to upload such content onto the publicly accessible web . action is therefore necessary to remove the content at source and apprehend those guilty of making distributing or downloading child abuse images . the eu , in particular through increased cooperation with third countries and international organisations , should seek to facilitate the effective removal by third country authorities of websites containing child pornography , which are hosted in their territory . however as , despite such efforts , the removal of child pornography content at its source proves to be difficult where the original materials are not located within the eu , mechanisms should also be put in place to block access from the union ' s territory to internet pages identified as containing or disseminating child pornography . for that purpose , different mechanisms can be used as appropriate , including facilitating the competent judicial or police authorities to order such blocking , or supporting and stimulating internet service providers on a voluntary basis to develop codes of conduct and guidelines for blocking access to such internet pages . both with a view to the removal and the blocking of child abuse content , cooperation between public authorities should be established and strengthened , particularly in the interest of ensuring that national lists of websites containing child pornography material are as complete as possible and of avoiding duplication of work . any such developments must take account of the rights of the end users , adhere to existing legal and judicial procedures and comply with the european convention on human rights and the charter of fundamental rights of the european union . the safer internet programme has set up a network of hotlines whose goal is to collect information and to ensure coverage and exchange of reports on the major types of illegal content online . ### child sexual abuse material , which constitutes sex abuse images , is a specific type of content which cannot be construed as the expression of an opinion . to combat it , it is necessary to reduce the circulation of child sexual abuse material by making it more difficult for offenders to upload such content onto the publicly accessible web by avoiding inefficient technical measures which not only leave the illegal material online but also lead to the re - victimisation of abused children . action is therefore necessary to remove the content at source as quickly as possible , as well as to take action against those who are under strong suspicion of making , distributing or downloading child sexual abuse material . the eu , in particular through increased cooperation with third countries and with the help of bilateral or multilateral agreements , should seek to facilitate the effective removal and concurrent criminal prosecution by third country authorities of persons in their territory who placed child sexual abuse material on websites or caused its distribution over the internet . for that purpose it is necessary to use the results of safer internet programme , support and stimulate the internet service provider , as well as cooperate with the relevant ngos and associations , like the association of internet hotlines . cooperation between the initiatives , public authorities and the internet service providers industry should be established and strengthened to coordinate and expedite communication of notices , take - down efforts and evidence gathering for prosecution . any such measures must respect the rights of the end users , be introduced by law , comply with judicial procedures and comply with the european convention on human rights and the charter of fundamental rights of the european union .


### child pornography , which constitutes sex abuse images , is a specific type of content which cannot be construed as the expression of an opinion . to combat it , it is necessary to reduce the circulation of child abuse material by making it more difficult for offenders to upload such content onto the publicly accessible web . action is therefore necessary to remove the content at source and apprehend those guilty of making distributing or downloading child abuse images . the eu , in particular through increased cooperation with third countries and international organisations , should seek to facilitate the effective removal by third country authorities of websites containing child pornography , which are hosted in their territory . however as , despite such efforts , the removal of child pornography content at its source proves to be difficult where the original materials are not located within the eu , mechanisms should also be put in place to block access from the union’s territory to internet pages identified as containing or disseminating child pornography . for that purpose , different mechanisms can be used as appropriate , including facilitating the competent judicial or police authorities to order such blocking , or supporting and stimulating internet service providers on a voluntary basis to develop codes of conduct and guidelines for blocking access to such internet pages . both with a view to the removal and the blocking of child abuse content , cooperation between public authorities should be established and strengthened , particularly in the interest of ensuring that national lists of websites containing child pornography material are as complete as possible and of avoiding duplication of work . any such developments must take account of the rights of the end users , adhere to existing legal and judicial procedures and comply with the european convention on human rights and the charter of fundamental rights of the european union . the safer internet programme has set up a network of hotlines whose goal is to collect information and to ensure coverage and exchange of reports on the major types of illegal content online . ### the depiction of sexual acts involving persons below the age of 18 years constitutes a type of content whose production , possession , dissemination , duplication or purchase is not safeguarded with reference to fundamental rights . the use of the term ‘ depiction of sexual acts’ is intended to widen the concept of abuse to cover all sexual acts involving persons below the age of 18 years , even in cases where the latter are forced to perform the acts on themselves . action is therefore necessary to remove the content at source as quickly as possible and apprehend and subject to the due process of law those guilty of making distributing or downloading such content . the eu , in particular through increased cooperation with third countries and international organisations and on the basis of bilateral or multilateral agreements , should seek to facilitate the effective removal by third country authorities of websites containing depictions of sexual acts involving persons below the age of 18 years , which are hosted in their territory . cooperation with the international association of internet hotlines should be stepped up . in order to avoid duplication of work , cooperation between public authorities should be established and strengthened . any such developments must take account of the rights of the end users , adhere to existing legal and judicial procedures and comply with the european convention on human rights and the charter of fundamental rights of the european union . the safer internet programme has set up a network of hotlines whose goal is to collect information and to ensure coverage and exchange of reports on the major types of illegal content online .


### child pornography , which constitutes sex abuse images , is a specific type of content which cannot be construed as the expression of an opinion . to combat it , it is necessary to reduce the circulation of child abuse material by making it more difficult for offenders to upload such content onto the publicly accessible web . action is therefore necessary to remove the content at source and apprehend those guilty of making distributing or downloading child abuse images . the eu , in particular through increased cooperation with third countries and international organisations , should seek to facilitate the effective removal by third country authorities of websites containing child pornography , which are hosted in their territory . however as , despite such efforts , the removal of child pornography content at its source proves to be difficult where the original materials are not located within the eu , mechanisms should also be put in place to block access from the union’s territory to internet pages identified as containing or disseminating child pornography . for that purpose , different mechanisms can be used as appropriate , including facilitating the competent judicial or police authorities to order such blocking , or supporting and stimulating internet service providers on a voluntary basis to develop codes of conduct and guidelines for blocking access to such internet pages . both with a view to the removal and the blocking of child abuse content , cooperation between public authorities should be established and strengthened , particularly in the interest of ensuring that national lists of websites containing child pornography material are as complete as possible and of avoiding duplication of work . any such developments must take account of the rights of the end users , adhere to existing legal and judicial procedures and comply with the european convention on human rights and the charter of fundamental rights of the european union . the safer internet programme has set up a network of hotlines whose goal is to collect information and to ensure coverage and exchange of reports on the major types of illegal content online . ### child pornography , which constitutes child abuse material , is a specific type of content which cannot be construed as the expression of an opinion . to combat it , it is necessary to ensure the full removal of the images from the source of the web . in addition , member states may proceed with the means they consider most appropriate for an immediate intervention to stop further viewing and downloading of the image to prevent further damages to the victim . in any event , they should start immediately procedures to reach complete removal of the images from the source and to identify the offenders . the eu , in particular through increased cooperation with third countries and international organisations , should seek to facilitate the effective removal by third country authorities of websites containing child pornography , which are hosted in their territory . however as , despite such efforts , the removal of child pornography content at its source proves to be difficult where the original materials are not located within the eu , mechanisms should also be put in place to block access from the union’s territory to internet pages identified as containing or disseminating child pornography . for that purpose , different mechanisms can be used as appropriate , including supporting judicial and police authorities in accessing the most advanced investigative techniques , such as picture dna and favouring the exchange of best practices . internet service providers should be encouraged on a voluntary basis to develop codes of conduct and guidelines for blocking access to internet pages containing child pornography . both with a view to the removal and the blocking of child abuse content , cooperation between public authorities should be established and strengthened , particularly in the interest of ensuring that national lists of websites containing child pornography material are as complete as possible and of avoiding duplication of work . any such developments must take account of the rights of the end users , adhere to existing legal and judicial procedures and comply with the european convention on human rights and the charter of fundamental rights of the european union . the safer internet programme has set up a network of hotlines whose goal is to collect information and to ensure coverage and exchange of reports on the major types of illegal content online .


### this directive aims to establish minimum rules concerning the definition of criminal offences and sanctions in the area of sexual exploitation of children . it also aims to introduce common provisions to strengthen the prevention of the crime and the protection of its victims . ### this directive aims to prevent the sexual abuse and sexual exploitation of children and to establish minimum rules concerning the definition of criminal offences and sanctions in the area of sexual exploitation of children . it also aims to introduce common provisions to strengthen the prevention of the crime and the protection of its victims .


### causing , for sexual purposes , a child who has not reached the age of sexual consent under national law to witness sexual abuse or sexual activities , even without having to participate , shall be punishable by a maximum term of imprisonment of at least two years . ### causing a child who has not reached the age of sexual consent under national law to witness sexual abuse or sexual activities , even without having to participate , shall be punishable by a maximum term of imprisonment of at least three years .


### causing a child to participate in pornographic performances shall be punishable by a maximum term of imprisonment of at least two years . ### causing or recruiting a child to participate in pornographic performances , or profiting from or otherwise exploiting a child for such purposes , shall be punishable by a maximum term of imprisonment of at least five years if the child has not reached the age of sexual consent , or of at least two years if the child is over that age .


### coercing a child to participate in pornographic performances shall be punishable by a maximum term of imprisonment of at least eight years . ### coercing or forcing a child to participate in pornographic performances , or threatening a child for such purposes shall be punishable by a maximum term of imprisonment of at least eight years if the child has not reached the age of sexual consent , or of at least five years if the child is over that age .


### knowingly attending pornographic performances involving the participation of children shall be punishable by a maximum term of imprisonment of at least two years . ### knowingly attending pornographic performances involving the participation of persons under the age of 18 years shall constitute conduct as referred to in paragraph 1 .


### knowingly attending pornographic performances involving the participation of children shall be punishable by a maximum term of imprisonment of at least two years . ### knowingly attending pornographic performances involving the participation of a child shall be punishable by a maximum term of imprisonment of at least two years if the child has not reached the age of sexual consent or of at least one year if the child is over that age .


### knowingly attending pornographic performances involving the participation of children shall be punishable by a maximum term of imprisonment of at least two years . ### causing a child to participate in pornographic performances shall be punishable by a maximum term of imprisonment of at least two years and a ban on engaging in occupations involving any form of contact with children .


### knowingly attending pornographic performances involving the participation of children shall be punishable by a maximum term of imprisonment of at least two years . ### knowingly attending pornographic performances involving the participation of children shall be punishable by a maximum term of imprisonment of at least three years .


### causing a child to participate in child prostitution shall be punishable by a maximum term of imprisonment of at least five years . ### any individual who causes a person below the age of 18 years to become involved in sexual activities or who exploits that involvement where money or other forms of remuneration or consideration are given or promised in exchange , regardless of whether this payment , promise or consideration is made to the person below the age of 18 years or to a third party , shall be guilty of intentional conduct within the meaning of paragraph 1 .


### causing a child to participate in child prostitution shall be punishable by a maximum term of imprisonment of at least five years . ### causing or recruiting a child to participate in child prostitution , or profiting from or otherwise exploiting a child for such purposes , shall be punishable by a maximum term of imprisonment of at least eight years if the child has not reached the age of sexual consent and of at least five years of imprisonment if the child is over that age .


### recruiting a child to participate in child prostitution shall be punishable by a maximum term of imprisonment of at least eight years . ### any individual who recruits or forces a person below the age of 18 years to become involved in sexual activities where money or other forms of remuneration or consideration are given or promised in exchange , regardless of whether this payment , promise or consideration is made to the person below the age of 18 years or to a third party , shall be guilty of intentional conduct within the meaning of paragraph 1 .


### engaging in sexual activities with a child , where recourse is made to child prostitution shall be punishable by a maximum term of imprisonment of at least five years . ### any individual who engages in sexual activities with a person below the age of 18 years and in exchange offers or promises money or other forms of remuneration or consideration , regardless of whether this payment , promise or consideration is made to the person below the age of 18 years or to a third party , shall be guilty of intentional conduct within the meaning of paragraph 1 .


### offences concerning child pornography ### offences concerning the depiction of sexual acts involving persons below the age of 18 years


### distribution , dissemination or transmission of child pornography shall be punishable by a maximum term of imprisonment of at least two years . ### distribution , dissemination or transmission of the depiction of sexual acts involving persons under the age of 18 years shall constitute conduct as referred to in paragraph 1 .


### member states shall take the necessary measures to ensure that the following intentional conduct is punishable : ### member states shall take the necessary measures to ensure that the following intentional conduct is punishable and that , in accordance with their system of criminal penalties , the crime is punished by means of the imposition of a sentence which reflects its seriousness :


### the provisions of article 3 , with regard to witnessing sexual activities , and ; article 4 and and article 5 do not govern consensual sexual activities between children or involving persons who are close in age and degree of psychological and physical development or maturity , insofar as the acts did not involve any abuse . ### at the discretion of the courts on a case by case basis and in accordance with national provisions for the implementation of the law concerning the age of sexual consent , the provisions of article 3 , with regard to witnessing sexual activities , and , article 4 and and article 5 may be waived for consensual sexual activities between children or involving persons who are close in age and degree of psychological and physical development or maturity , insofar as the acts did not involve any abuse , including that defined in article 3 and .


### the offence was committed against a child in a particularly vulnerable situation , notably because of a mental or physical disability or a situation of dependence ; ### the offence was committed against a child in a particularly vulnerable situation , notably because of a mental or physical disability or a situation of dependence or of a temporary alteration in psychophysical perception connected with taking drugs , drinking alcohol , or any other recognised type of dependence ;


### the offence was committed by a member of the family , a person cohabiting with the child or a person having abused their authority ; ### the offence was committed by a member of the family , a person cohabiting with the child or a person having abused their recognised position of trust , authority or influence over the child ;


### in order to avoid the risk of repetition of offences , member states shall take the necessary measures to ensure that a natural person who has been convicted of any of the offences referred to in articles 3 to 7 may be temporarily or permanently prevented from exercising activities involving regular contacts with children . ### in order to avoid the risk of repetition of offences , member states shall take the necessary measures to ensure that a natural person who has been convicted of any of the offences referred to in articles 3 to 7 may be temporarily or permanently prevented from exercising professional activities involving regular contacts with children . the measures referred to in this paragraph shall be entered in the criminal record of the convicting member state .


### by way of derogation from articles 7 and 9 of the council framework decision 2009 / 315 / jha on the organisation and content of the exchange of information extracted from criminal records between member states , member states shall take the necessary measures to ensure that , for the purpose of effectively implementing the measure consisting in temporarily or permanently preventing the person from exercising activities involving regular contacts with children , in particular insofar as the requesting member state subjects access to certain activities to conditions to ensure that candidates have not been convicted of any of the offences referred to in articles 3 to 7 of this directive , information concerning the disqualification arising from conviction of any of the offences referred to in articles 3 to 7 of this directive is transmitted when requested under article 6 of that framework decision from the central authority of the member state of the person’s nationality , and that personal data concerning such disqualification provided under article 7 and of that framework decision may in all cases be used for such purpose . ### by way of derogation from articles 7 and 9 of the council framework decision 2009 / 315 / jha on the organisation and content of the exchange of information extracted from criminal records between member states , member states shall ensure full cooperation and availability of all information when replying to requests by competent authorities of other member states submitted according to article 10 . personal data concerning such disqualification provided under article 7 and of that framework decision may in any case be used for such purpose .


### victims of the offences referred to in articles 3 to 7 shall be provided assistance , support and protection , taking into account the best interests of the child . ### victims of the offences referred to in articles 3 to 7 shall be provided assistance , support and protection , taking into account the best interests of the child . assistance and training should be extended to the parents or guardians of the child , in case they are not implicated as suspects in relation to the offence concerned , in order to help them assist their child throughout the proceedings and the recovery period .


### member states shall take the necessary measures to ensure that the specific actions to assist and support victims in the short and long term , in their physical and psycho - social recovery , are undertaken following an individual assessment of the special circumstances of each particular child victim , taking due account of the child’s views , needs and concerns . ### member states shall take the necessary measures to ensure that the specific actions to assist and support victims , in the short and long term , in their physical and psycho - social recovery , are undertaken following an individual assessment of the special circumstances of each particular child victim , and shall to that end devise individual rehabilitation programmes that take due account of the child’s views , needs and concerns .


### member states shall ensure that child victims have immediate access to free legal counselling and to free legal representation , including for the purpose of claiming compensation ### member states shall ensure that child victims have immediate access to legal counselling and , in accordance with the role of victims in the relevant justice system , to legal representation , including for the purpose of claiming compensation . legal counselling and legal representation shall be free of charge when the victim does not have sufficient financial resources .


### member states shall ensure that child victims have immediate access to free legal counselling and to free legal representation , including for the purpose of claiming compensation . ### member states shall ensure that child victims have immediate access to free legal counselling and to free legal representation , including for the purpose of claiming compensation . legal counselling and legal representation shall be free of charge when the victim does not have sufficient financial resources .


### member states shall take the necessary measures to ensure that in criminal investigations of any of the offences referred to in articles 3 to 7 all interviews with the child victim or , where appropriate , with a child witness , may be videotaped and that these videotaped interviews may be used as evidence in criminal court proceedings , according to the rules under its national law . ### member states shall take the necessary measures to ensure that in criminal investigations of any of the offences referred to in articles 3 to 7 interviews with the child victim or , where appropriate , with a child witness – if examination of the individual case shows this to be necessary – may be videotaped and that these videotaped interviews may be used as evidence in criminal court proceedings , according to the rules under its national law .


### member states shall take the necessary measures to obtain the blocking of access by internet users in their territory to internet pages containing or disseminating child pornography . the blocking of access shall be subject to adequate safeguards , in particular to ensure that the blocking is limited to what is necessary , that users are informed of the reason for the blocking and that content providers , as far as possible , are informed of the possibility of challenging it . ### member states shall take the necessary legal measures for the rapid removal at source of child sexual abuse material stored or disseminated on internet pages whether hosted in the eu or abroad . the removal at source shall be subject to clear legal and judicial safeguards , in particular to ensure that the evidence is preserved for criminal investigations .


### member states shall take the necessary measures to obtain the blocking of access by internet users in their territory to internet pages containing or disseminating child pornography . the blocking of access shall be subject to adequate safeguards , in particular to ensure that the blocking is limited to what is necessary , that users are informed of the reason for the blocking and that content providers , as far as possible , are informed of the possibility of challenging it . ### member states shall take the necessary measures to obtain the immediate removal of depictions of sexual acts involving persons under the age of 18 years in information and communication services . the removal of such content shall be undertaken in accordance with national procedures and with adequate safeguards to ensure that it is confined to what is strictly necessary . in addition , the european union shall conduct negotiations with third countries with the aim of securing the prompt removal of such content from servers on their territory . furthermore , the member states and institutions of the union and europol shall step up cooperation with international hotlines , such as inhope , with the aim of securing the prompt removal of such content .


### flexible working - time arrangements are an essential element of a modern and efficient public administration allowing for family - friendly working conditions and enabling a suitable gender balance within the institutions . it is therefore necessary to introduce an explicit reference to these arrangements in the staff regulations . ### flexible working - time arrangements , such as flexi - time and telework , are an essential element of a modern and efficient public administration allowing for family - friendly working conditions , particularly in the case of single - parent familes , and enabling a suitable gender balance within the institutions . it is therefore necessary to introduce an explicit reference to these arrangements in the staff regulations .


### the european political parties and the european political foundations should be governed by the substantive rules set out in this regulation , and by national law in the member states , in particular that of the member state where they have their respective seat and for the purposes of which they should identify the appropriate legal form , which must correspond to a form of legal entity recognised in the legal order of that member state . ### the european political parties and the european political foundations should be governed by the substantive rules set out in this regulation , and , in matters not , or only partly , regulated by this regulation by national law in the member states , in particular that of the member state where they have their respective seat .


### the european political parties and the european political foundations should be governed by the substantive rules set out in this regulation , and by national law in the member states , in particular that of the member state where they have their respective seat and for the purposes of which they should identify the appropriate legal form , which must correspond to a form of legal entity recognised in the legal order of that member state . ### the european political parties and the european political foundations should be governed by the substantive rules set out in this regulation , and , in matters not , or only partly , regulated by this regulation , by national law in the member states , in particular that of the member state where they have their respective seat .


### the european political parties and the european political foundations should be governed by the substantive rules set out in this regulation , and by national law in the member states , in particular that of the member state where they have their respective seat and for the purposes of which they should identify the appropriate legal form , which must correspond to a form of legal entity recognised in the legal order of that member state . ### the european political parties and the european political foundations should be governed by the substantive rules set out in this regulation , and , in matters not , or only partly , regulated by this regulation or their respective statutes , by national law in the member states , in particular that of the member state where they have their respective seat .


### the application of key aspects of this regulation should be presented on a dedicated website and examined in an annual report from the european parliament which should be published . ### the application of key aspects of this regulation should be presented on a dedicated website and examined in an annual report from the european parliament which should be published both in a printed and in an on - line version .


### ' political party ' means an association of citizens which pursues political objectives , ### ' political party ' means an association of citizens which pursues political objectives and which is either recognised by , or established in accordance with , the legal order of at least one member state ,


### ‘ regional parliament’ or ‘ regional assembly’ means a body whose members either hold a regional electoral mandate or are politically accountable to an elected assembly , ### ' regional ' parliament or ' regional assembly ' means a body with legislative powers under the national law applicable to it and notified to the european parliament ,


### a political alliance , as defined in article 2 point , shall be entitled to apply to register its statutes as a european political party with the european parliament subject to the following conditions : ### a political party or political alliance , as defined in article 2 points and , shall be entitled to apply to register their statutes as a european political party with the european parliament subject to the following conditions :


### a political alliance , as defined in article 2 point , shall be entitled to apply to register its statutes as a european political party with the european parliament subject to the following conditions : ### a political alliance , as defined in article 2 point , shall be entitled to apply to register its statutes as a european political party with the european anti - fraud office subject to the following conditions :


### a political foundation shall be entitled to apply to register its statutes as a european political foundation with the european parliament subject to the following conditions : ### a political foundation shall be entitled to apply to register its statutes as a european political foundation with the european anti - fraud office subject to the following conditions :


### it must be affiliated with a european political party recognised in accordance with the conditions and procedures laid down in this regulation , as certified by the registered statutes of that party , ### it must be formally and directly affiliated with a european political party recognised in accordance with the conditions and procedures laid down in this regulation , as certified by the registered statutes of that party ,


### the rights and duties associated with all types of membership , including the rules guaranteeing the representation rights of all members , be they natural or legal persons , and the relevant voting rights , ### the rights and duties associated with all types of membership , including the rules guaranteeing the representation rights of all members , and the relevant voting rights


### the democratic election of and democratic decision - making processes for all other governing bodies , specifying for each its powers , responsibilities and composition , and including the modalities for the appointment and dismissal of its members and clear and transparent criteria for the selection of candidates and the election of office - holders , whose mandate must be limited in time but may be renewable , ### the powers and democratic decision - making processes of all other governing bodies and their composition ;


### a list of the foundation ' s bodies , specifying for each its powers , responsibilities and composition , and including the modalities for the appointment and dismissal of its members and managers , ### the powers and democratic decision - making procedures of the foundation’s bodies and their composition ,


### the european parliament shall establish a registry for the purposes of the registration of a european political party and a european political foundation . ### the european parliament shall establish a registry for the purposes of the registration of a european political party and a european political foundation . the registry shall be also available on - line .


### a political foundation may register its statutes with the registry only through the european political party with which it is affiliated . ### a political foundation may register its statutes with the registry only through the european political party with which it is formally and directly affiliated .


### within three months following the reception of the application for registration , the european parliament shall adopt a decision , which it shall publish in the official journal of the european union , together with the party or foundation statutes or , where an application has not been approved , the grounds for rejection . ### within three months following the reception of the application for registration , the european parliament shall adopt a decision , which it shall publish in the official journal of the european union , together with the party or foundation statutes or , where an application has not been approved , the grounds for rejection . an application may only be rejected by a majority of three quarters of the members voting .


### if the european parliament finds that any of the conditions or requirements referred to in paragraph 1 are no longer satisfied , the provisions provided for in article 11 or in article 22 or in both shall apply , having due regard to the provisions of article 23 . ### if the european parliament finds that any of the conditions or requirements referred to in paragraph 1 are no longer satisfied , it shall draw the attention of the european political party to the breach and apply article 22 , having due regard to the provisions of article 23 .


### for matters not regulated by this regulation or , where matters are partly regulated by it , for those aspects not covered by it , the european political party and the european political foundation shall be governed in the member state in which it has its seat by those national laws applicable to the legal form referred to in the party or foundation statutes . activities carried out by the european political party and the european political foundation in other member states shall be governed by the relevant national laws of those member states . ### in matters that are not , or that are only partly , regulated by this regulation , the european political party and the european political foundation shall be governed by the laws of the member state in which it has its seat . activities carried out by the european political party and the european political foundation in other member states shall be governed by the relevant national laws of those member states .


### for matters not regulated by this regulation or , where matters are partly regulated by it , for those aspects not covered by it , the european political party and the european political foundation shall be governed in the member state in which it has its seat by those national laws applicable to the legal form referred to in the party or foundation statutes . activities carried out by the european political party and the european political foundation in other member states shall be governed by the relevant national laws of those member states . ### in matters that are not , or that are only partly , regulated by this regulation or by the respective statutes , the european political party and the european political foundation shall be governed by the laws of the member state in which it has its seat . activities carried out by the european political party and the european political foundation in other member states shall be governed by the relevant national laws of those member states .


### a european political party or a european political foundation in one of the cases provided for under paragraph 1 points , or shall have any ongoing decision on union funding received under this regulation withdrawn or any ongoing agreement on such funding terminated and any unspent union funding recovered , including any unspent union funds from previous years . ### any ongoing decision on union funding received under this regulation or any ongoing agreement on such funding shall lapse when legal status is withdrawn , and any unspent union funding shall be recovered , including any unspent union funds from previous years .


### a european political foundation shall include in its application its annual work programme . ### a european political foundation shall include in its application its annual work programme and may apply for funding from the general budget of the european union only through the european political party with which it is formally and directly affiliated .


### the funding of european political parties from the general budget of the european union or from any other source may be used to finance campaigns conducted by the european political parties in the context of the elections to the european parliament , in which they participate as required in article 3 . ### the funding of european political parties from the general budget of the european union or from any other source may be used to finance campaigns conducted by the european political parties in the context of the elections to the european parliament in accordance with article 8 of the act concerning the election of the members of the european parliament by direct universal suffrage , stipulating that the funding and limitation of election expenses for all parties and candidates at elections to the european parliament is governed in each member state by national provisions .


### the funding of european political parties from the general budget of the european union or from any other source may be used to finance campaigns conducted by the european political parties in the context of the elections to the european parliament , in which they participate as required in article 3 . in accordance with article 8 of the act concerning the election of the members of the european parliament by direct universal suffrage , the funding and limitation of election expenses for all parties and candidates at elections to the european parliament is governed in each member state by national provisions . ### the funding of european political parties from the general budget of the european union or from any other source may be used to finance campaigns conducted by the european political parties in the context of the elections to the european parliament , in which they participate as required in article 3 . subject to the limitations laid down in article 18 , the european political parties may support individual members or member parties and may contribute to the dissemination of information to the public in order to raise awareness of significant european policy matters . in so doing , they must observe the rules governing the conduct of election campaigns in the respective member states , notably the rules applicable to parties and candidates on funding and on the limitation of election expenses .


### the funding of european political foundations from the general budget of the european union or from any other source shall not be used for any other purpose than for financing their tasks as defined in article 2 point and to meet expenditure directly linked to the objectives set out in their statutes according to article 5 . it shall in particular not be used for the direct or indirect funding of european , national , regional or local elections , political parties , candidates or foundations . ### the funding of european political foundations from the general budget of the european union or from any other source shall not be used for any other purpose than for financing their tasks as defined in article 2 point and to meet expenditure directly linked to the objectives set out in their statutes according to article 5 . it shall in particular not be used for the direct or indirect funding of european , national , regional or local elections or referendums , political parties , candidates or foundations .


### the national authorities and the european parliament shall agree practical arrangements in order to share information on the european political parties and the european political foundations . ### to that end , the european parliament may agree with national authorities practical arrangements in order to share information .