### 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 , sale or purchase is not safeguarded with reference to fundamental rights . action is therefore necessary to remove such content and apprehend those guilty of producing , disseminating or downloading it , in accordance with due process of law . 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 sexual abuse material . meanwhile , the eu should make every effort , in particular through increased cooperation and bilateral or multilateral agreements , aiming the effective and rapid removal by third country authorities of child sexual abuse material hosted in or disseminated from the internet in their territory . inhope , the international association of internet hotlines , funded by the commission’s safer internet programme , should increase its coverage and the exchange of reports of illegal online content ; thereby facilitating removal and investigation . in order to avoid a duplication of work , cooperation between public authorities should be established and strengthened by increasing existing resources to ensure rapid notification to internet service providers , in accordance with due process of law . 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 .


### 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 two years and a ban on engaging in occupations involving any form of contact with children .


### coercing a child into sexual activities with a third party shall be punishable by a maximum term of imprisonment of at least ten years . ### coercing a child into sexual activities with a third party shall be punishable by a maximum term of imprisonment of at least ten years and a ban on engaging in occupations involving any form of contact with children .


### coercing a child into child prostitution shall be punishable by a maximum term of imprisonment of at least ten years . ### coercing a child into child prostitution shall be punishable by a maximum term of imprisonment of at least ten years and a ban on engaging in occupations involving any form of contact with children .


### abuse is made of a recognised position of trust , authority or influence over the child shall be punishable by a maximum term of imprisonment of at least eight years ; or ### abuse is made of a recognised position of trust , authority or influence over the child shall be punishable by a maximum term of imprisonment of at least eight years and a ban on engaging in occupations involving any form of contact with children . in the case of parents who have abused their children , the sentence shall be adequate to protect the children against any repetition of the offence ;


### use is made of coercion , force or threats shall be punishable by a maximum term of imprisonment of at least ten years . ### use is made of coercion , force or threats shall be punishable by a maximum term of imprisonment of at least ten years and a ban on engaging in occupations involving any form of contact with children .


### causing a child to participate in child prostitution shall be punishable by a maximum term of imprisonment of at least five years . ### causing a child to participate in child prostitution shall be punishable by a maximum term of imprisonment of at least five years and a ban on engaging in occupations involving any form of contact with children .


### profiting from or otherwise exploiting a child participating in child prostitution shall be punishable by a maximum term of imprisonment of at least five years . ### profiting from or otherwise exploiting a child participating in child prostitution shall be punishable by a maximum term of imprisonment of at least five years and a ban on engaging in occupations involving any form of contact with children .


### recruiting a child to participate in pornographic performances shall be punishable by a maximum term of imprisonment of at least five years . ### recruiting a child to participate in pornographic performances shall be punishable by a maximum term of imprisonment of at least five years and a ban on engaging in occupations involving any form of contact with children .


### where the danger posed by the offenders and the possible risks of repetition of the offences make it appropriate , convicted offenders should be temporarily or permanently prevented from exercising activities involving regular contacts with children , where appropriate . implementation of such prohibitions throughout the eu should be facilitated . ### where the danger posed by the offenders and the possible risks of repetition of the offences make it appropriate , convicted offenders should be temporarily or permanently prevented from exercising activities involving regular contacts with children , where appropriate . implementation of such prohibitions throughout the eu should be facilitated . procedures should be implemented in line with the legislation in force in the member states .


### causing a child to participate in pornographic performances 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 .


### engaging in sexual activities with a child who has not reached the age of sexual consent under national law shall be punishable by a maximum term of imprisonment of at least five years . ### engaging in sexual activities with a child who has not reached the age of sexual consent under national law shall be punishable by a maximum term of imprisonment of at least five years and a ban on engaging in occupations involving any form of contact with children .


### the committee of european banking supervisors shall ensure the existence of guidelines on sound remuneration policies which comply with the principles set out in point 22 of annex v . the committee of european securities regulators shall cooperate closely with the committee of european banking supervisors in ensuring the existence of guidelines on remuneration policies for categories of staff involved in the provision of investment services and activities meaning of directive 2004 / 39 / ec of the european parliament and of the council of 21 april 2004 on markets in financial instruments . ### the eba may elaborate technical standards to facilitate the implementation of , and ensure consistency of information collected under , paragraph 2a of this article and the principles on remuneration policy as set out in points 22 and 22a of annex v . the commission shall adopt those technical standards by means of delegated acts in accordance with articles 151 , 151a and 151b . the european securities and markets authority shall cooperate closely with the eba in elaborating such technical standards on remuneration policies for categories of staff involved in the provision of investment services and activities within the meaning of directive 2004 / 39 / ec of the european parliament and of the council of 21 april 2004 on markets in financial instruments .


### the following information shall be disclosed regarding the remuneration policy and practices of the credit institution for those categories of staff whose professional activities have a material impact on their risk profile : ### the following information , including regular updates no less than annually , shall be disclosed to the public regarding the remuneration policy and practices of the credit institution for those categories of staff whose professional activities have a material impact on its risk profile . credit institutions shall comply with those requirements in a way that is appropriate to their size , internal organisation and the nature , scope and complexity of their activities :


### member states shall bring into force the laws , regulations and administrative provisions necessary to comply with this directive by 31 december 2010 at the latest . they shall forthwith communicate to the commission the text of those provisions and a correlation table between those provisions and this directive . ### member states shall bring into force the laws , regulations and administrative provisions necessary to comply with this directive by 1&#160 ; january&#160 ; 2011 . in derogation from the first subparagraph , member states shall bring into force the laws , regulations and administrative provisions necessary to comply with the amendments introduced by annex&#160 ; ii , point&#160 ; 1 and 3 to of this directive by 1&#160 ; january&#160 ; 2012 . member states shall forthwith communicate to the commission the text of those provisions and a correlation table between those provisions and this directive .


### the committee of european banking supervisors shall ensure the existence of guidelines on sound remuneration policies which comply with the principles set out in point 22 of annex v . the committee of european securities regulators shall cooperate closely with the committee of european banking supervisors in ensuring the existence of guidelines on remuneration policies for categories of staff involved in the provision of investment services and activities meaning of directive 2004 / 39 / ec of the european parliament and of the council of 21 april 2004 on markets in financial instruments . ### the committee of european banking supervisors shall ensure the existence of guidelines on sound remuneration policies which comply with the principles set out in point 22 of annex v . the guidelines shall also take into account the principles on sound remuneration policies set out in the commission recommendation of 30 april 2009 on remuneration policies in the financial services sector1 . the guidelines shall only affect contracts concluded after 31 december 2009 . the committee of european securities regulators shall cooperate closely with the committee of european banking supervisors in ensuring the existence of guidelines on remuneration policies for categories of staff involved in the provision of investment services and activities within the meaning of directive 2004 / 39 / ec of the european parliament and of the council of 21 april 2004 on markets in financial instruments . ___________________ 1 oj l 120 , 15 . 5 . 2009 , p . 22 .


### the following information shall be disclosed regarding the remuneration policy and practices of the credit institution for those categories of staff whose professional activities have a material impact on their risk profile : ### the following information , including regular updates no less frequently than annually , shall be disclosed to the public regarding the remuneration policy and practices of the credit institution for those categories of staff whose professional activities have a material impact on its risk profile . credit institutions shall comply with the requirements set out in this point in a way that is appropriate to their size , internal organisation and the nature , scope and complexity of their activities and be without prejudice to directive 95 / 46 / ec of the european parliament and of the council of 24 october 1995 on the protection of individuals with the regard to the processing of personal data and the free movement of such data :


### for the purposes of point 10b and 10b , the multiplication factor shall be increased by a plus - factor of between 0 and 1 in accordance with table 1 , depending on the number of overshootings for the most recent 250 business days as evidenced by the institution ' s back - testing of the value - at - risk measure as set out in point 10 . competent authorities shall require the institutions to calculate overshootings consistently on the basis of back - testing on hypothetical changes in the portfolio ' s value . an overshooting is a one - day change in the portfolio ' s value that exceeds the related one - day value - at - risk measure generated by the institution ' s model . for the purpose of determining the plus - factor the number of overshootings shall be assessed at least quarterly . ### for the purposes of point 10b and 10b , the multiplication factor shall be increased by a plus - factor of between 0 and 1 in accordance with table 1 , depending on the number of overshootings for the most recent 250 business days as evidenced by the institution ' s back - testing of the value - at - risk measure as set out in point 10b . competent authorities shall require the institutions to calculate overshootings consistently on the basis of back - testing on hypothetical changes in the portfolio ' s value . an overshooting is a one - day change in the portfolio ' s value that exceeds the related one - day value - at - risk measure generated by the institution ' s model . for the purpose of determining the plus - factor the number of overshootings shall be assessed at least quarterly .


### the committee of european banking supervisors shall ensure the existence of guidelines on sound remuneration policies which comply with the principles set out in point 22 of annex v . the committee of european securities regulators shall cooperate closely with the committee of european banking supervisors in ensuring the existence of guidelines on remuneration policies for categories of staff involved in the provision of investment services and activities meaning of directive 2004 / 39 / ec of the european parliament and of the council of 21 april 2004 on markets in financial instruments . ### the eba may elaborate technical standards to facilitate the implementation of , and ensure consistency of information collected under , paragraph 2a of this article and the principles on remuneration policy set out in points 22 and 22a of annex v . the commission shall adopt those technical standards by means of delegated acts in accordance with articles 151 , 151a and 151b . the european securities and markets authority shall cooperate closely with the eba in elaborating such technical standards on remuneration policies for categories of staff involved in the provision of investment services and activities meaning of directive 2004 / 39 / ec of the european parliament and of the council of 21 april 2004 on markets in financial instruments . the eba shall conduct open public consultations regarding the technical standards and analyse the potentially related costs and benefits . the eba shall also request an opinion or advice from the banking stakeholder group referred to in article 22 of regulation no . . . / . . . [ establishing the eba ] . the technical standards shall be devised by taking into account proportionality as an overarching principle .


### in order to promote supervisory convergences in the assessment of remuneration policies and practices , the committee of european banking supervisors should ensure the existence of guidelines on sound remuneration policies in the banking sector . the committee of european securities regulators should assist in the elaboration of such guidelines to the extent that they also apply to remuneration policies for persons involved in the provision of investment services and the carrying out of investment activities by credit institutions and by investment firms within the meaning of directive 2004 / 39 / ec of the european parliament and of the council of 21 april 2004 on markets in financial instruments . ### in order to promote supervisory convergences in the assessment of remuneration policies and practices , the eba should elaborate technical standards to facilitate information collection and the consistent implementation of the remuneration principles in the banking sector . the commission should be empowered to adopt delegated acts in accordance with article 290 of the treaty on the functioning of the european union to establish those standards . the european securities and markets authority should assist in the elaboration of such technical standards to the extent that they also apply to remuneration policies for persons involved in the provision of investment services and the carrying out of investment activities by credit institutions and by investment firms within the meaning of directive 2004 / 39 / ec of the european parliament and of the council of 21 april 2004 on markets in financial instruments .


### banks investing in re - securitisations are required under directive 2006 / 48 / ec to exercise due diligence also with regard to the underlying securitisations and the non - securitisation exposures ultimately underlying the former . depending on the complexity of the layers of securitisation structures and depending on the complexity and the diversity of the non - securitisation exposures that ultimately underlie the re - securitisations , the required due diligence may be impossible or uneconomical to carry out . this is in particular the case where the ultimate underlying exposures are , for example , leveraged buy - out or project finance debt . in these cases , institutions should not invest in such highly complex re - securitisations . in their review of the required due diligence , competent authorities should devote particular attention to such highly complex securitisations and require their full deduction from capital , unless it has been convincingly demonstrated to their satisfaction that in each individual case of highly complex re - securitisation exposures , the institution has performed the due diligence required by directive 2006 / 48 / ec , including with regard to the ultimate underlying exposures . ### banks investing in re - securitisations are required under directive 2006 / 48 / ec to exercise due diligence also with regard to the underlying securitisations and the non - securitisation exposures ultimately underlying the former . for a better understanding of the effectiveness of those provisions for securitisations and re - securitisations , the commission should comply with the tenth paragraph of article 156 of directive 2006 / 48 / ec which provides for a commission report on the expected impact of article 122a , and submit that report to the european parliament and the council , together with any appropriate proposal , by 31 december 2009 . pending such a review , additional requirements for ' highly complex ' re - securitisation should not be covered in this directive .


### paragraph 1 shall apply in respect of positions in new re - securitisations issued after 31 december 2010 . in respect of positions in existing re - securitisations , paragraph 1 shall apply from 31 december 2014 where new underlying exposures are added or substituted after that date . ' ### paragraph 1 shall apply in respect of positions in new re - securitisations issued after 1 january 2012 . in respect of positions in existing re - securitisations , paragraph 1 shall apply from 1 january 2014 where new underlying exposures are added or substituted after that date . '


### for the purpose of implementing , applying and enforcing directive 96 / 71 / ec the competent authorities shall take into account factual elements characterising the activities carried out by an undertaking in the state in which it is established in order to determine whether it genuinely performs substantial activities , other than purely internal management and / or administrative activities . such elements may include : ### for the purpose of implementing , applying and enforcing directive 96 / 71 / ec the competent authorities shall take into account factual elements characterising the activities carried out by an undertaking in the state in which it is established in order to determine whether it genuinely posts workers to the territory of another member state in the framework of transnational provision of services . such elements may only include :


### with respect to the construction activities referred to in the annex to directive 96 / 71 / ec , for all posting situations covered by article 1 of directive 96 / 71 / ec , the member states shall ensure on a non&#8211 ; discriminatory basis with regard to the protection of the equivalent rights of employees of direct subcontractors established in its territory , that the contractor of which the employer is a direct subcontractor can , in addition to or in place of the employer , be held liable by the posted worker and / or common funds or institutions of social partners for non - payment of the following : ### with respect to the construction activities referred to in the annex to directive 96 / 71 / ec , for all posting situations covered by article 1 of directive 96 / 71 / ec , the member states are encouraged to introduce a system in which the contractor of which the employer is a direct subcontractor can , in addition to or in place of the employer , be held liable by the posted worker and / or common funds or institutions of social partners for non - payment of the following :


### in order to ensure the correct application of , and to monitor compliance with , the substantive rules on the terms and conditions of employment to be respected with regard to posted workers , member states should apply only certain control measures or administrative formalities to undertakings posting workers for the provision of services . such measures and requirements may only be imposed provided that the competent authorities cannot carry out their supervisory task effectively without the requested information and the necessary information cannot be obtained easily from the employer of posted workers or the authorities in the member state of establishment of the service provider within a reasonable delay and / or less restrictive measures would not ensure that the objectives of the national controls measures deemed necessary are attained . ### in order to ensure the correct application of , and to monitor compliance with , the substantive rules on the terms and conditions of employment to be respected with regard to posted workers , member states should apply only certain control measures or administrative formalities to undertakings posting workers for the provision of services . for the purpose of legal clarity , possible control measures and requirements should be uniform at the union level and may only be imposed provided that the competent authorities cannot carry out their supervisory task effectively without the requested information and the necessary information cannot be obtained easily from the employer of posted workers or the authorities in the member state of establishment of the service provider within a reasonable delay and / or less restrictive measures would not ensure that the objectives of the national controls measures deemed necessary are attained .


### ' competent authority ' means an authority designated by a member state to perform functions under this directive ; ### ' competent authority ' means public authorities designated by a member state to perform functions under this directive ;


### such elements may include : ### such elements may only include :


### without prejudice to the means which are or may be provided for in union legislation , the principles of mutual assistance and recognition as well as the measures and procedures provided for in this article shall apply to the cross - border enforcement of administrative fines and penalties imposed for failure to comply with the applicable rules in a member state on a service provider established in another member state . ### without prejudice to the means which are or may be provided for in union legislation , the principles of mutual assistance and recognition as well as the measures and procedures provided for in this chapter shall apply to the cross - border enforcement of financial administrative penalties and / or fines imposed on a service provider established in a member state , for failure to comply with the applicable rules on posting of workers in another member state .


### an obligation for a service provider established in another member state to make a simple declaration to the responsible national competent authorities at the latest at the commencement of the service provision , whereby the declaration may only cover the identity of the service provider , the presence of one or more clearly identifiable posted workers , their anticipated number , the anticipated duration and location of their presence , and the services justifying the posting ; ### an obligation for a service provider established in another member state to make a declaration to the responsible national competent authorities by the commencement of the service provision , whereby the declaration may only cover the identity of the service provider , the presence of one or more clearly identifiable posted workers , their anticipated number , the anticipated duration and location of their presence , and the services justifying the posting ;


### member states shall supply the information requested by other member states or the commission by electronic means as soon as possible and at the latest within 2 weeks from the reception of a request . ### member states shall supply the information requested by other member states or the commission by electronic means as soon as possible and at the latest within 2 weeks from the reception of a request or within one month if the answer requires an on - the - spot inspection .


### in view of the prevalence of subcontracting in the construction sector , and in order to protect posted workers’ rights , it is necessary to ensure that in such sector at least the contractor of which the employer is a direct subcontractor can be held liable to pay to posted workers the net minimum rates of pay due , any back - payments of outstanding remuneration and / or contributions due to common funds or institutions of social partners regulated by law or collective agreement in so far as these are covered by article 3 of directive 96 / 71 / ec in addition to or in place of the employer . the contractor shall not be held liable if he / she has undertaken due diligence . the latter may imply preventive measures concerning proof provided by the subcontractor , including where relevant based upon information emanating from national authorities . ### in view of the prevalence of subcontracting in the construction sector , and in order to protect posted workers’ rights , it is recommended that in such sector at least the contractor of which the employer is a direct subcontractor can be held liable to pay to posted workers the net minimum rates of pay due , any back - payments of outstanding remuneration and / or contributions due to common funds or institutions of social partners regulated by law or collective agreement in so far as these are covered by article 3 of directive 96 / 71 / ec in addition to or in place of the employer . the contractor may not be held liable if he / she has undertaken due diligence . the latter may imply preventive measures concerning proof provided by the subcontractor , including where relevant based upon information emanating from national authorities .


### the requesting authority may , in accordance with the laws , regulations and administrative practices in force in its own member state , request the competent authority in another member state to recover a penalty or fine or notify a decision imposing a penalty or a fine , in so far as the relevant laws , regulations and administrative practices in force in the requested authority’s member state allow such action for similar claims or decisions . ### the requesting authority may , in accordance with the laws , regulations and administrative practices in force in its own member state , request the competent authority in another member state to recover a penalty or fine or notify a decision imposing a penalty or a fine .


### the requested authority shall remit to the requesting authority the amounts recovered with respect to the fines or penalties referred to in this chapter . ### the amounts recovered with respect to the penalties and / or fines referred to in this chapter shall remain at the requested authority .


### member states shall not derogate from any of the provisions of this directive save , in exceptional circumstances , from article 3 , article 4 paragraphs 1 to 3 , article 5 and article 6 . any such derogation : ### member states shall not derogate from any of the provisions of this directive save , in exceptional circumstances , from article 3 , article 4 , and and article 5 . any such derogation :


### proposal for a directive of the european parliament and of the council on the right of access to a lawyer in criminal proceedings and on the right to communicate upon arrest ### proposal for a directive of the european parliament and of the council on the right of access to a lawyer in criminal proceedings and on the right to communicate in the event of arrest


### measures to improve the design , implementation and evaluation of policies affecting the competitiveness and sustainability of enterprises , including disaster resilience , and to secure the development of appropriate infrastructures , world class clusters and business networks , framework conditions and development of sustainable products , services and processes ; ### measures to improve the design , implementation and evaluation of policies affecting the competitiveness and sustainability of enterprises , including disaster resilience , and to secure the sharing of best practices on the development of appropriate infrastructures , world class clusters and business networks , framework conditions and the promotion of development of sustainable products , services and processes ;


### as outlined in the commission communication of 30 june 2010 , entitled ‘ europe , the world ' s no 1 tourist destination – a new political framework for tourism in europe’18 , which was endorsed by the european council conclusions of october 2010 , tourism is an important sector of the union economy . enterprises in this sector substantially contribute to the union ' s gross domestic product and job creation and have significant potential for the development of entrepreneurial activity , since it is run mainly by smes . the lisbon treaty acknowledges the importance of tourism outlining the union specific competences in this field which complement the actions of member states . there is clear added value for the tourism initiative at union level , especially in providing data and analysis , in developing transnational promotion strategies and in exchanging best practices . ### as outlined in the commission communication of 30 june 2010 , entitled ' europe , the world ' s no 1 tourist destination – a new political framework for tourism in europe ' , which was endorsed by the european council conclusions of october 2010 , tourism is an important sector of the union economy . enterprises in this sector contribute substantially with 10% of the union ' s gross domestic product and with 12 % of total employment , making it the third most important socio - economic activity in the union , and have significant potential for the development of entrepreneurial activity , since it is run mainly by smes .


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


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


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


### the enterprise europe network has proven its added value for european smes as a one - stop - shop for business support by helping enterprises to improve their competitiveness and explore business opportunities in the single market and beyond . the streamlining of methodologies and working methods and provisions of a european dimension to business support services can only be achieved at union level . in particular , the network has helped smes to find cooperation or technology transfer partners , get advice on sources of financing , and on intellectual property and on eco - innovation and sustainable production . it has also obtained feedback on union legislation and standards . its unique expertise is particularly important in overcoming information asymmetries and alleviating transaction costs associated with cross - border transactions . ### the enterprise europe network has proven its added value for european smes as a one - stop - shop for business support tasked with identifying appropriate eu business support programmes and thus helping enterprises to improve their competitiveness and explore business opportunities in the single market and beyond . the streamlining of methodologies and working methods and provisions of a european dimension to business support services can only be achieved at union level . in particular , the network has helped smes to find cooperation or technology transfer partners , get advice on sources of financing , and on intellectual property and on eco - innovation and sustainable production . it has also obtained feedback on union legislation and standards . its unique expertise is particularly important in overcoming information asymmetries and alleviating transaction costs associated with cross - border transactions .


### to improve framework conditions for the competitiveness and sustainability of union enterprises including in the tourism sector ; ### to improve framework conditions for the competitiveness , growth , internationalisation and sustainability of union enterprises , particularly smes , including in the services and procurement sector ;


### the commission may support actions to improve smes access to the single market including information provision and awareness - raising . ### the commission shall support actions to improve smes access to the single market including information provision , awareness - raising and digitisation of the single market .


### union support under this regulation shall , in principle , be established in partnership with the beneficiaries . the partnership shall involve as appropriate , national , regional and local authorities , other stakeholders , civil society , social partners and other non - state actors in preparing , implementing and monitoring union support . ### union support under this regulation shall , in principle , be established in partnership with the beneficiaries . the partnership shall involve as appropriate , national , regional and local authorities , other stakeholders , civil society , social partners and other non - state actors in preparing , implementing and monitoring union support . in this regard , favourable conditions for participation of non - state actors in the union ' s support programmes shall be established , in order to improve their involvement in these programmes . furthermore , the commission shall establish eligibility criteria for participation of regional and local authorities in funding programmes and ensure that there are no administrative obstacles for their involvement . consultation and monitoring mechanism shall be set up so as to further involve civil society actors in the process of good governance of each partner country . therefore civil society shall be permanently encouraged to participate in funding programmes ; such participation shall be ensured , inter - alia , through simplification of funding rules . when establishing partnerships with beneficiaries , the union shall respect concepts of decentralization and local democracy , social mobilization and building of accountable - civil society .


### sustainable and inclusive development in all aspects , poverty reduction , including through private - sector development ; promotion of internal economic , social and territorial cohesion , rural development , climate action and disaster resilience ; ### sustainable and inclusive development in all aspects , poverty reduction through strengthening social security networks , promoting decent work and the ratification and effective implementation of international labour standards , improving worker employability and training and developing public services and the private sector , particularly by fostering smes and entrepreneurship ; promotion of internal economic , social and territorial cohesion , rural development , climate action and disaster resilience ;


### sustainable and inclusive development in all aspects , poverty reduction , including through private - sector development ; promotion of internal economic , social and territorial cohesion , rural development , climate action and disaster resilience ; ### sustainable and inclusive development in all aspects , poverty reduction , wealth creation , including through private - sector development , public - private partnership , promotion of internal economic , social and territorial cohesion , rural development , climate action , disaster prevention and preparedness and resilience to crises ;


### union support under this regulation shall , in principle , be established in partnership with the beneficiaries . the partnership shall involve as appropriate , national , regional and local authorities , other stakeholders , civil society , social partners and other non - state actors in preparing , implementing and monitoring union support . ### union support under this regulation shall be established in partnership with the beneficiaries . the partnership shall , in a transparent and verifiable way and through an institutionalised mechanism , involve the following stakeholders in preparing , implementing , monitoring and evaluating union support : national , regional and local authorities ; civil society organisations ; social partners ; other non - state actors . the commission , and in particular the union ' s delegations in partner countries , shall ensure that appropriate steps are taken to enhance the capacities of civil society organisations and other stakeholders to play a meaningful part in that process .


### the partnership and cooperation agreements , the association agreements and other existing or future agreements that establish a relationship with partner countries , corresponding communications , council conclusions and european parliament resolutions as well as relevant conclusions of ministerial meetings with the partner countries shall constitute the overall policy framework for programming and implementing union support under this regulation . ### the partnership and cooperation agreements , the association agreements and other existing or future agreements that establish a relationship with partner countries , corresponding communications , council conclusions and european parliament resolutions as well as relevant documents such as summit declarations or conclusions of ministerial or interparliamentary meetings with the partner countries shall constitute the overall policy framework for programming and implementing union support under this regulation .


### the achievement of these objectives shall be measured using notably the relevant eu periodic reports on the implementation of the policy , and for paragraphs 2 , and , the relevant indicators established by international organisations and other relevant bodies ; for paragraphs 2 , and the uptake of the eu regulatory framework by the partner countries as relevant ; for paragraphs 2 and , the number of relevant agreements and cooperation actions . the indicators will include , among others , adequately monitored democratic elections , level of corruption , trade flows , indicators enabling measuring internal economic disparities , including employment levels . ### the achievement of these specific objectives shall be measured using predefined , clear , transparent and measurable indicators , while avoiding the creation of any unnecessary additional administrative burdens . the list of those indicators shall be established by the commission .


### in the event of crises or threats to democracy , the rule of law , human rights and fundamental freedoms , or of natural or man - made disasters , an ad hoc review of the programming documents may be conducted . such emergency review shall ensure that coherence between union support provided under this regulation and support provided under other union financial instruments is maintained . an emergency review may lead to the adoption of revised programming documents . where this is the case , the commission shall send the revised programming documents to the european parliament and to the council for information within one month of their adoption . ### in the event of crises or threats to democracy , the rule of law , human rights and fundamental freedoms , or of natural or man - made disasters , an ad hoc review of the programming documents may be conducted . as part of such an emergency review , measures may be introduced to fund activities to facilitate the transition from emergency aid to long - term development activities , including activities intended to enhance beneficiaries ' resilience to crises . such emergency review shall ensure that coherence between union support provided under this regulation and support provided under other union financial instruments , such as the european instrument for democracy and human rights or the european endowment for democracy , is maintained . an emergency review may lead to the adoption of revised programming documents . where this is the case , the commission shall send the revised programming documents to the european parliament and to the council for information within one month of their adoption .


### union support under this regulation shall , in principle , be established in partnership with the beneficiaries . the partnership shall involve as appropriate , national , regional and local authorities , other stakeholders , civil society , social partners and other non - state actors in preparing , implementing and monitoring union support . ### union support under this regulation shall , in principle , be established in partnership with the beneficiaries . the partnership shall involve as appropriate , national , regional and local authorities , other stakeholders , civil society , social partners and other non - state actors in preparing , implementing and monitoring union support in order to guarantee their ownership of the projects concerned .


### sustainable and inclusive development in all aspects , poverty reduction , including through private - sector development ; promotion of internal economic , social and territorial cohesion , rural development , climate action and disaster resilience ; ### supporting sustainable and inclusive socio - economic development , fostering private - sector development , promoting entrepreneurship , reducing poverty , promoting internal economic , social and territorial cohesion , rural development , climate action and disaster resilience ;


### the achievement of these objectives shall be measured using notably the relevant eu periodic reports on the implementation of the policy , and for paragraphs 2 , and , the relevant indicators established by international organisations and other relevant bodies ; for paragraphs 2 , and the uptake of the eu regulatory framework by the partner countries as relevant ; for paragraphs 2 and , the number of relevant agreements and cooperation actions . the indicators will include , among others , adequately monitored democratic elections , level of corruption , trade flows , indicators enabling measuring internal economic disparities , including employment levels . ### the achievement of these objectives shall be measured using notably the relevant eu periodic reports on the implementation of the policy , and for paragraphs 2 , and , the relevant indicators established by international organisations and other relevant bodies ; for paragraphs 2 , and the uptake of the eu regulatory framework by the partner countries as relevant ; for paragraphs 2 and , the number of relevant agreements and cooperation actions . the indicators will include , among others , adequately monitored democratic elections and processes , including the development of democratic political parties and the guaranteeing of political rights of candidates standing in elections , level of corruption , trade flows , indicators enabling measuring internal economic disparities , including employment levels .


### a number of major developments have taken place since the european neighbourhood policy was launched and the european neighbourhood and partnership instrument was set up . these include a deepening of the relationship with the partners , the launch of regional initiatives and democratic transition processes in the region . this triggered a new european neighbourhood policy vision set out in 2011 as a result of a comprehensive strategic review of the policy . it outlines key objectives for union cooperation with neighbourhood countries and provides for greater support to partners committed to building democratic societies and undertaking reforms , in line with the ‘ more for more’ and ‘ mutual accountability’ principles . ### a number of major developments have taken place since the european neighbourhood policy was launched and the european neighbourhood and partnership instrument was set up . these include a deepening of the relationship with the partners , the launch of regional initiatives and democratic transition processes , in the eastern partnership countries , and in particular in the countries on the southern shores of the mediterranean following the events of the spring of 2011 . this triggered a new european neighbourhood policy vision set out in 2011 as a result of a comprehensive strategic review of the policy . this policy outlines the key objectives in favour of cooperation and substantial support to partners committed to building a more equitable and democratic society which respects human rights and freedoms , in line with the ‘ more for more’ and ‘ mutual accountability’ principles .


### the achievement of these objectives shall be measured using notably the relevant eu periodic reports on the implementation of the policy , and for paragraphs 2 , and , the relevant indicators established by international organisations and other relevant bodies ; for paragraphs 2 , and the uptake of the eu regulatory framework by the partner countries as relevant ; for paragraphs 2 and , the number of relevant agreements and cooperation actions . the indicators will include , among others , adequately monitored democratic elections , level of corruption , trade flows , indicators enabling measuring internal economic disparities , including employment levels . ### the achievement of these objectives shall be measured using notably the relevant eu periodic reports on the implementation of the policy , and for paragraphs 2 , and , the relevant indicators established by international organisations and other relevant bodies ; for paragraphs 2 , and the uptake of the union regulatory framework by the partner countries as relevant ; for paragraphs 2 and , the number of relevant agreements and cooperation actions . the indicators will include , among others , adequately monitored democratic elections , pluralism or concentration of the media , level of corruption , trade flows and investments , indicators enabling measuring tendencies in internal economic and social disparities , including employment levels .


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


### union support provided under this regulation to each partner country shall be differentiated in form and amounts according to the partner country ' s commitment to reforms and its progress in implementing these reforms . such differentiation shall reflect the level of ambition of the country ' s partnership with the union , its progress in building deep and sustainable democracy , its progress in implementing agreed reform objectives , the country ' s needs and capacities , and the potential impact of union support . ### union support provided under this regulation to each partner country shall be differentiated in form and amounts according to the partner country ' s commitment to reforms and its progress in implementing these reforms , provided that the division of funds between the union for the mediterranean and the eastern partnership does not hamper achievement of the objectives of each of those two projects and is not conducted in such a way as to favour one at the expense of the other . such differentiation shall reflect the level of ambition of the country ' s partnership with the union , its progress in building deep and sustainable democracy , its progress in implementing agreed reform objectives , the country ' s needs and capacities , and the potential impact of union support .


### this regulation shall enter into force on the third day following that of its publication in the official journal of the european union . it shall apply from 1 january 2014 . ### this regulation shall enter into force on the third day following that of its publication in the official journal of the european union . it shall apply from 1 january 2014 to 31 december 2020 .


### the achievement of these objectives shall be measured using notably the relevant eu periodic reports on the implementation of the policy , and for paragraphs 2 , and , the relevant indicators established by international organisations and other relevant bodies ; for paragraphs 2 , and the uptake of the eu regulatory framework by the partner countries as relevant ; for paragraphs 2 and , the number of relevant agreements and cooperation actions . the indicators will include , among others , adequately monitored democratic elections , level of corruption , trade flows , indicators enabling measuring internal economic disparities , including employment levels . ### the achievement of these specific objectives shall be measured using predefined , clear , transparent and measurable indicators , while avoiding the creation of any unnecessary additional administrative burdens . the list of those indicators shall be established by the commission and communicated to the european council and the european parliament within one year after entering into force of the regulation .


### sustainable and inclusive development in all aspects , poverty reduction , including through private - sector development ; promotion of internal economic , social and territorial cohesion , rural development , climate action and disaster resilience ; ### sustainable and inclusive development in all aspects , poverty reduction , including through private - sector development ; promotion of internal economic , social and territorial cohesion , refinement of cooperation between member states and partner countries and between partner countries strengthening the pursuit for the common benefit of the participating countries , rural development , climate action and disaster resilience ;


### european union external support has increasing financing needs but the economic and budgetary situation of the union limits the resources available for such support . the commission must therefore seek the most efficient use of available resources by using financial instruments with leverage effect . such effect could be increased by enabling the use and re - use of funds invested and generated by financial instruments . ### the commission must seek the most efficient use of available resources and ensure best value for money by using financial instruments with leverage effect , but without compromising the just and fair use of the union ' s resources . such effect may be increased by the use and re - use of funds invested and generated by financial instruments . cooperation with public financial institutions in accessing union funds shall aim to ensure union visibility and support to union policies and standards , maximising the pooling of financial resources in favour of union policy objectives and ensuring that the use of union funds always complies with the best practices and rules as stipulated in the financial regulation and the common implementing regulation .


### in the event of crises or threats to democracy , the rule of law , human rights and fundamental freedoms , or of natural or man - made disasters , an ad hoc review of the programming documents may be conducted . such emergency review shall ensure that coherence between union support provided under this regulation and support provided under other union financial instruments is maintained . an emergency review may lead to the adoption of revised programming documents . where this is the case , the commission shall send the revised programming documents to the european parliament and to the council for information within one month of their adoption . ### in the event of crises or threats to democracy , the rule of law , human rights and fundamental freedoms , or of natural or man - made disasters , an ad hoc review of the strategic programming documents may be conducted . such emergency review may lead to the adoption of revised strategic programming documents in accordance with the procedure referred to in article 14a .


### european union external support has increasing financing needs but the economic and budgetary situation of the union limits the resources available for such support . the commission must therefore seek the most efficient use of available resources by using financial instruments with leverage effect . such effect could be increased by enabling the use and re - use of funds invested and generated by financial instruments . ### european union external support has increasing financing needs but the economic and budgetary situation of the union limits the resources available for such support . the commission must therefore seek the most efficient use of available resources by using financial instruments with leverage effect . such effect could be increased by making better use of the leveraging capacity of the european investment bank and the european bank for reconstruction and development and by enabling the use and re - use of funds invested and generated by financial instruments .


### the partnership and cooperation agreements , the association agreements and other existing or future agreements that establish a relationship with partner countries , corresponding communications , council conclusions and european parliament resolutions as well as relevant conclusions of ministerial meetings with the partner countries shall constitute the overall policy framework for programming and implementing union support under this regulation . ### the partnership and cooperation agreements , the association agreements and other existing or future agreements that establish a relationship with partner countries , corresponding communications , council conclusions and european parliament resolutions as well as relevant documents such as summit declarations or conclusions of ministerial meetings with the partner countries , notably within the framework of the eastern and southern dimensions of the european neighbourhood policy , shall constitute the overall policy framework for programming and implementing union support under this regulation .


### article 8 of the treaty on european union provides for the development of a special relationship with neighbouring countries , with the aim of establishing an area of prosperity and good neighbourliness , founded on the values of the union and characterised by close and peaceful relations based on cooperation . ### article 8 of the treaty on european union provides for the development of a special relationship with neighbouring countries , with the aim of establishing an area of prosperity and good neighbourliness , founded on the values of the union , as enshrined in article 2 of the treaty on european union , and characterised by close and peaceful relations based on cooperation .


### the union aims to establish an area of prosperity and good neighbourliness involving the european union and the countries and territories listed in the annex to this regulation by developing a special relationship . ### this regulation establishes a european neighbourhood instrument with a view to supporting the achievement of the union ' s aim of establishing an area of democracy , stability , prosperity and good neighbourliness involving the european union and the countries and territories listed in the annex to this regulation by developing a special relationship founded on the values of the union .


### the union aims to establish an area of prosperity and good neighbourliness involving the european union and the countries and territories listed in the annex to this regulation by developing a special relationship . ### the union aims to establish an area of democracy , respect for human rights and the rule of law , prosperity , stability and good neighbourliness involving the union and the countries and territories listed in the annex to this regulation by developing a special relationship based on those common values and cooperation .


### promoting confidence building and other measures contributing to security and the prevention and settlement of conflicts ; ### promoting confidence building and good neighbourly relations ; contributing to the security of the neighbourhood , including energy security , and the prevention and settlement of conflicts ;


### manufacturers who consider or have reason to believe that a product which they have placed on the market is not safe or is otherwise not in conformity with this regulation shall immediately take the corrective action necessary to bring that product into conformity , to withdraw it or recall it , if appropriate . furthermore , where the product is not safe , manufacturers shall immediately inform the market surveillance authorities of the member states in which they made the product available to that effect , giving details , in particular , of the risk to health and safety and of any corrective action taken . ### manufacturers who consider or have reason to believe that a product which they have placed on the market is not safe or is otherwise not in conformity with this regulation shall immediately take the corrective action necessary to bring that product into conformity , to withdraw it or recall it . furthermore , manufacturers shall immediately inform the market surveillance authorities of the member states in which they made the product available to that effect , giving details , in particular , of the risk to health and safety and of any corrective action taken .


### before making a product available on the market distributors shall verify that the manufacturer and the importer have complied with the requirements set out in article 8 , and and article 10 and , as applicable . ### before making a product available on the market distributors shall verify that the product bears the required marking set out in article 8 , and 10 and is accompanied with the information set out in articles 8 and 10 , as applicable .


### proportionate to the possible risks of a product , manufacturers shall , to protect the health and safety of consumers , carry out sample testing of products made available on the market , investigate complaints and keep a register of complaints , non - conforming products and product recalls , and shall keep distributors informed of any such monitoring . ### proportionate to the possible risks of a product , manufacturers shall , to protect the health and safety of consumers , carry out sample testing at least once a year on representative samples of the products put up for sale picked randomly under the control of a judicial officer , an authority or any other qualified person designated by each member state , investigate complaints and keep a register of complaints , non - conforming products and product recalls , and shall keep distributors informed of any such monitoring . in particular , manufacturers shall carry out , under the same conditions , testing of products that are or have been the subject of a decision by the commission on the basis of article 12 of the regulation on the market surveillance of products


### before making a product available on the market distributors shall verify that the manufacturer and the importer have complied with the requirements set out in article 8 , and and article 10 and , as applicable . ### before making a product available on the market distributors shall verify that the product carries the required information , set out in article 8 , and and article 10 and , as applicable .


### proportionate to the possible risks of a product , manufacturers shall , to protect the health and safety of consumers , carry out sample testing of products made available on the market , investigate complaints and keep a register of complaints , non - conforming products and product recalls , and shall keep distributors informed of any such monitoring . ### proportionate to the possible risks of a product , manufacturers shall , to protect the health and safety of consumers , carry out representative sample testing of products made available on the market chosen under the control of a judicial officer or any qualified person designated by each member state , investigate complaints and keep a register of complaints , non - conforming products and product recalls , and shall keep distributors informed of any such monitoring .


### proportionate to the possible risks of a product , manufacturers shall , to protect the health and safety of consumers , carry out sample testing of products made available on the market , investigate complaints and keep a register of complaints , non - conforming products and product recalls , and shall keep distributors informed of any such monitoring . ### manufacturers shall , to protect the health and safety of consumers , carry out sample testing of products made available on the market , investigate complaints and keep a register of complaints , non - conforming products and product recalls , and shall keep distributors informed of any such monitoring . this information shall be made available to the surveillance authorities on request .


### proportionate to the possible risks of a product , manufacturers shall draw up a technical documentation . the technical documentation shall contain , as appropriate : ### manufacturers shall draw up a technical documentation . the technical documentation shall contain :


### proportionate to the possible risks of a product , manufacturers shall draw up a technical documentation . the technical documentation shall contain , as appropriate : ### proportionate to the possible risks of a product , manufacturers shall draw up a technical documentation . the technical documentation shall contain :


### proportionate to the possible risks presented by a product , importers shall , to protect the health and safety of persons , carry out sample testing of marketed products , investigate complaints , and keep a register of complaints , of non - conforming products and of product recalls , and shall keep the manufacturer and distributors informed of such monitoring . ### proportionate to the possible risks presented by a product , importers shall , to protect the health and safety of persons , carry out sample testing of marketed products , at least once a year on representative samples of the products put up for sale picked randomly under the control of a judicial officer , an authority or any other qualified person designated by each member state , investigate complaints , and keep a register of complaints , of non - conforming products and of product recalls , and shall keep the manufacturer and distributors informed of such monitoring .


### manufacturers shall keep , for a period of ten years after the product has been placed on the market , the technical documentation and make it available to the market surveillance authorities , upon request . ### manufacturers shall ensure that the technical documentation can be made available to the market surveillance authorities , upon request for a period of ten years after the product has been placed on the market


### the appearance of the product and in particular where a product , although not foodstuff , resembles foodstuff and is likely to be confused with foodstuff due to its form , odour , colour , appearance , packaging , labelling , volume , size or other characteristics . ### the appearance of the product and in particular where a product , although not foodstuff , resembles foodstuff and is likely to be confused with foodstuff due to its form , odour , colour , appearance , packaging , labelling , volume , size or other characteristics , or where a product is attractive to children because of its characteristics : form , decoration , odour , , sound , movement , etc .


### the scope of this regulation should not be limited to any selling technique of consumer products , and thus also cover distance selling . ### the scope of this regulation should not be limited to any selling technique of consumer products , and thus also cover distance selling , such as electronic selling , online sales and sales platforms , . . .


### determining the products , categories or groups of products susceptible to bear a serious risk to health and safety of persons as referred to in paragraph 1 ; ### determining the products , categories or groups of products that should be subject to traceability requirements as referred to in paragraph 1 ;


### importers shall keep , for a period of ten years after the product has been placed on the market , the technical documentation and make it available to the market surveillance authorities , upon request . ### importers shall ensure that the technical documentation can be made available to the market surveillance authorities , upon request for a period of ten years after the product has been placed on the market


### ' safe product ' means any product which , under normal or reasonably foreseeable conditions of use of the product concerned , including the duration of use and , where applicable , its putting into service , installation and maintenance requirements , does not present any risk or only the minimum risks compatible with the product ' s use , considered acceptable and consistent with a high level of protection of health and safety of persons ; ### safe product ' means any product which is compliant with union harmonisation legislation for health and safety . in the case of absence of such legislation it means any products which , under normal or reasonably foreseeable conditions of use of the product concerned , including the duration of the use and , where applicable , its putting into service , installation and maintenance requirements , does not present any risk or only the minimum risks compatible with the product ' s use , considered acceptable and consistent with a high level of protection of health and safety of persons ;


### whether the product is fresh or has been defrosted ; ### the requirement provided for in article 68 of commission regulation no 404 / 2011 is repealed . products that have been frozen prior to sale and are sold defrosted shall be labelled in accordance with annex vi to regulation no 1169 / 2011 .


### in the case of fishery products caught at sea , the name of one of the areas , subareas or divisions listed in the fao fishing areas ; ### in the case of fishery products caught at sea , the name of one of the fao fishing areas ;


### it shall apply from 1 january 2013 with the exception of articles 32 , 35 and 36 , which shall apply from 1 january 2014 . ### it shall apply from 1 january 2013 with the exception of articles 32 , 35 and 36 , which shall apply from 1 january 2014 . the consumer information provisions laid down in article 42 shall apply on the basis of the dates of entry into force established in regulation no 1169 / 2011 .


### the scope of this directive must extend to any cultural object classified as a national treasure possessing artistic , historic or archaeological value under national legislation or administrative procedures within the meaning of article 36 of the treaty . the criterion of falling under one of the categories referred to in the annex to directive 93 / 7 / eec should therefore be removed and thus the annex itself should be deleted and the criterion of forming an integral part of public collections listed in the inventories of museums , archives and libraries ' conservation collections or the inventories of ecclesiastical institutions should also be removed . the diversity of national arrangements for protecting cultural objects is recognised in article 36 of the treaty . in this context , mutual trust , a willingness to cooperate and mutual understanding between member states are therefore essential . ### the scope of this directive should extend to any cultural object classified or defined as being one of the national treasures possessing artistic , historic or archaeological value under national legislation or administrative procedures within the meaning of article 36 of the treaty . the criterion of falling under one of the categories referred to in the annex to directive 93 / 7 / eec should therefore be removed and thus the annex itself should be deleted and the criterion of forming an integral part of public collections listed in the inventories of museums , archives and libraries ' conservation collections or the inventories of ecclesiastical institutions should also be removed . this directive would thus cover cultural objects such as objects of historical , paleontological , ethnographic , numismatic interest or scientific value , whether or not they form part of public or other collection or are single items , provided that they are classified or defined as national treasures . furthermore , cultural objects classified or defined as national treasures would not have to comply with thresholds related to their age and / or to their financial value to qualify for the return under this directive . taking into account that the diversity of national arrangements for protecting national treasures is recognised in article 36 of the treaty , mutual trust , a willingness to cooperate and mutual understanding between member states are therefore essential .


### application of directive 93 / 7 / eec has shown the limitations of the arrangements for securing the return of objects classified as national treasures which have been unlawfully removed from the territory of a member state and discovered in the territory of another member state . ### the objective of directive 93 / 7 / eec was to ensure the physical return of the cultural objects to the member state from whose territory these objects have been unlawfully removed irrespective of the property rights to such objects . the application of that directive has shown the limitations of the arrangements for securing the return of objects classified as national treasures which have been unlawfully removed from the territory of a member state and discovered in the territory of another member state . the national reports on the application of that directive have pointed to its infrequent application due in particular to the limitation of its scope , the short period of time allowed to initiate return proceedings and the costs associated with return proceedings .


### the time - limit for bringing return proceedings should be set at three years after the requesting member state became aware of the location of the cultural object and of the identity of its possessor or holder . in the interests of clarity , it should be stipulated that the time - limit for bringing proceedings begins on the date on which the information came to the knowledge of the central authority of the requesting member state . ### the time - limit for bringing return proceedings should be set at three years after the requesting member state became aware of the location of the cultural object and of the identity of its possessor or holder . in the interests of clarity , it should be stipulated that the time - limit for bringing proceedings begins on the date on which the information came to the knowledge of the central authority of the requesting member state . directive 93 / 7 / eec provided that such proceedings may not , at all events , be brought more than 30 years after the object was unlawfully removed from the territory of the requesting member state . however , in the case of objects forming part of public collections and ecclesiastical goods in the member states where they are subject to special protection arrangements under national law , return proceedings are subject to a longer time - limit under certain circumstances . due to the fact that member states may have special protection arrangements under national law with religious institutions which lack ecclesiastical structure , this directive should also extend to those other religious institutions .


### ' cultural object ' shall mean an object which : is classified , before or after its unlawful removal from the territory of a member state , among the ' national treasures possessing artistic , historic or archaeological value ' under national legislation or administrative procedures within the meaning of article 36 of the treaty . ### ' cultural object ' shall mean an object which : is classified by the member state to which it belongs , before or after its unlawful removal from the territory of that member state , among the ' national treasures possessing artistic , historic or archaeological value ' under national legislation or administrative procedures within the meaning of article 36 of the treaty .


### to ensure that europol is a fully accountable and transparent internal organisation , it is necessary , in the light of article 88 of the treaty on the functioning of the european union , to lay down procedures for scrutiny of europol activities by the european parliament together with national parliaments , taking into due account the need to safeguard confidentiality of operational information . ### to respect the role of the parliaments in the monitoring of the european area of freedom , security and justice and the political responsibilities of the national parliaments and of the european parliament in respecting and exercising their respective powers in the legislation process , it is necessary that europol is a fully accountable and transparent internal organisation . to that end , in the light of article 88 of the treaty on the functioning of the european union , procedures for scrutiny of europol activities by the european parliament together with national parliaments must be established , taking into due account the need to safeguard confidentiality of operational information .


### contracting entities may decide not to award a contract to the tenderer submitting the best tender where they have established that the tender does not comply , at least in an equivalent manner , with obligations established by union legislation in the field of social and labour law or environmental law or of the international social and environmental law provisions listed in annex xiv . ### contracting entities shall not award a contract to the tenderer submitting the best tender where they have established that the tender does not comply with obligations in the field of social and labour law or environmental law established by union or national legislation or by the international social and environmental law provisions listed in annex xiv or with obligations in the field of intellectual property law .


### compliance , at least in an equivalent manner , with obligations established by union legislation in the field of social and labour law or environmental law or of the international social and environmental law provisions listed in annex xiv or , where not applicable , with other provisions ensuring an equivalent level of protection ; ### compliance , at least in an equivalent manner , with obligations established by union and national legislation in the field of social and labour law or environmental law or of the international social and environmental law provisions listed in annex xiv or , where not applicable , with other provisions ensuring an equivalent level of protection ;


### public procurement plays a key role in the europe 2020 strategy16 as one of the market - based instruments to be used to achieve a smart , sustainable and inclusive growth while ensuring the most efficient use of public funds . for that purpose , the current public procurement rules adopted pursuant to directive 2004 / 17 / ec of the european parliament and of the council of 31 march 2004 coordinating the procurement procedures of entities operating in the water , energy , transport and postal services sectors17 and directive 2004 / 18 / ec of the european parliament and of the council of 31 march 2004 on the coordination of procedures for the award of public works contracts , public supply contracts and public service contracts18 have to be revised and modernised in order to increase the efficiency of public spending , facilitating in particular the participation of small and medium - sized enterprises in public procurement and to enable procurers to make better use of public procurement in support of common societal goals . there is also a need to clarify basic notions and concepts to ensure better legal certainty and to incorporate certain aspects of related well - established case - law of the court of justice of the european union . ### public procurement plays a key role in the europe 2020 strategy16 as one of the market - based instruments to be used to achieve a smart , sustainable and inclusive growth while ensuring the most efficient use of public funds . for that purpose , the current public procurement rules adopted pursuant to directive 2004 / 17 / ec of the european parliament and of the council of 31 march 2004 coordinating the procurement procedures of entities operating in the water , energy , transport and postal services sectors17 and directive 2004 / 18 / ec of the european parliament and of the council of 31 march 2004 on the coordination of procedures for the award of public works contracts , public supply contracts and public service contracts18 have to be revised and modernised in order to enable procurers to make better use of public procurement in support of sustainable development and employment and other common societal goals , thereby increasing the efficiency of public spending while ensuring the best possible outcome in cost - benefit ratio terms and facilitating in particular the participation of small and medium - sized enterprises in public procurement . there is also a need to simplify union public procurement rules , particularly with regard to the method to be used to attain the sustainability objectives , which should be included in public procurement policy , and to clarify basic notions and concepts to ensure better legal certainty and to incorporate certain aspects of related well - established case - law of the court of justice of the european union .


### member states may reserve the right to participate in procurement procedures to sheltered workshops and economic operators whose main aim is the social and professional integration of disabled and disadvantaged workers or provide for such contracts to be performed in the context of sheltered employment programmes , provided that more than 30% of the employees of those workshops , economic operators or programmes are disabled or disadvantaged workers . ### member states may reserve the right to participate in public procurement procedures for :


### not all contracting entities may have the internal expertise to deal with economically or technically complex contracts . against this background , appropriate professional support would be an effective complement to monitoring and control activities . on the one hand , this objective can be achieved by knowledge sharing tools offering technical assistance to contracting entities ; on the other hand , business , not least smes , should benefit from administrative assistance , in particular when participating in procurement procedures on a cross - border basis . ### not all contracting entities may have the internal expertise to deal with economically or technically complex contracts . against this background , appropriate professional support would be an effective complement to monitoring and control activities . on the one hand , this objective can be achieved by knowledge sharing tools offering technical assistance to contracting entities ; on the other hand , business , especially smes , should benefit from administrative assistance , in particular when participating in procurement procedures on a cross - border basis .


### contracts should be awarded on the basis of objective criteria that ensure compliance with the principles of transparency , non - discrimination and equal treatment . those criteria should guarantee that tenders are assessed in conditions of effective competition , also where contracting entities require high - quality works , supplies and services that are optimally suited to their needs . as a result , contracting entities should be allowed to adopt as award criteria either ‘ the most economically advantageous tender’ or ‘ the lowest cost’ , taking into account that in the latter case they are free to set adequate quality standards by using technical specifications or contract performance conditions . ### contracts should be awarded on the basis of objective criteria that ensure compliance with the principles of transparency , non - discrimination and equal treatment . these criteria should guarantee that tenders are assessed in conditions of effective competition , at the same time ensuring that contracting authorities require high - quality works , supplies and services that are optimally suited to their needs and which include factors linked to socially sustainable production process criteria and decent jobs . as a result , contracting entities should be allowed to adopt as award criteria either ' the most economically advantageous tender ' or ' the lowest cost ' , taking into account that in the latter case they should refer to adequate quality standards by using technical specifications or contract performance conditions .


### contracting entities may decide not to award a contract to the tenderer submitting the best tender where they have established that the tender does not comply , at least in an equivalent manner , with obligations established by union legislation in the field of social and labour law or environmental law or of the international social and environmental law provisions listed in annex xiv . ### contracting entities shall decide not to award a contract to the tenderer submitting the best tender where they have established that the tender does not comply with obligations in the field of social and labour law or environmental law established by union or national legislation or by collective agreements according member states practices and traditions , or by the international social and environmental law provisions listed in annex xiv .


### in line with the principles of equal treatment and transparency , the successful tenderer should not be replaced by another economic operator without reopening the contract to competition . however , the successful tenderer performing the contract may undergo certain structural changes during the performance of the contract , such as purely internal reorganisations , mergers and acquisitions or insolvency . such structural changes should not automatically require new procurement procedures for all contracts performed by that undertaking . ### in line with the principles of equal treatment , objectivity and transparency , the successful tenderer should not be replaced by another economic operator without reopening the contract to competition . however , the successful tenderer performing the contract may undergo certain structural changes during the performance of the contract , such as purely internal reorganisations , mergers and acquisitions or insolvency . such structural changes should not automatically require new procurement procedures for all contracts performed by that undertaking .


### for all procurement , the subject of which is intended for use by persons , whether general public or staff of the contracting entity , those technical specifications shall , except in duly justified cases , be drawn up so as to take into account accessibility criteria for people with disabilities or design for all users . ### for all procurement , the subject of which is intended for use by persons , whether general public or staff of the contracting entity , those technical specifications shall be drawn up so as to take into account accessibility criteria for people with disabilities or design for all users in duly justified exceptional cases , which shall be stated in the call for competition and the tender documents .


### for all procurement , the subject of which is intended for use by persons , whether general public or staff of the contracting entity , those technical specifications shall , except in duly justified cases , be drawn up so as to take into account accessibility criteria for people with disabilities or design for all users . ### for all procurement , the subject of which is intended for use by persons , whether general public or staff of the contracting entity , those technical specifications shall be drawn up so as to take into account accessibility criteria for people with disabilities or design for all users other than , by way of exception , in duly justified cases , which shall be stated in the call for competition and the tender documents .


### at least 20 % of the total esf resources in each member state shall be allocated to the thematic objective ‘ promoting social inclusion and combating poverty’ set out in article 9 of regulation no [ … ] . ### at least 20 % of the total esf resources in each member state shall be allocated to the thematic objective ' promoting active social inclusion and combating poverty ' set out in article 9 of regulation no [ . . . ] .


### goods or services originating in least - developed countries listed in annex i to regulation no 732 / 2008 shall be treated as covered goods and services . ### goods or services originating in least - developed countries listed in annex iv to regulation no 978 / 2012 or developing countries considered to be vulnerable due to a lack of diversification and insufficient integration in the world economy , as defined in annex vii of regulation no 978 / 2012 , shall be treated as covered goods and services .


### in the light of the overall policy of the union with regard to least - developed countries as provided for , inter alia , in council regulation no 732 / 2008 of 22 july 2008 applying a scheme of generalised tariff preferences from 1 january 2009 , it is appropriate to assimilate goods and services from these countries to union goods and services . ### in the light of the overall policy of the union aimed at supporting the economic growth of developing countries and their integration in the global economy , which underpins the establishment by the union of a generalised preference system as set out in regulation no 978 / 2012 of the european parliament and of the council applying a scheme of generalised tariff preferences , it is appropriate to assimilate goods and services from less - developed countries benefiting from the ‘ everything but arms’ arrangement to union goods and services , and also goods and services originating in developing countries considered to be vulnerable due to a lack of diversification and insufficient integration in the world economy , as defined in annexes iv and vii respectively of regulation no 978 / 2012 of the european parliament and of the council applying a scheme of generalised tariff preferences .


### the commission shall be empowered to adopt delegated acts in accordance with article 10 concerning the drawing up of the watch list referred to in paragraph 1 of this article . ### the commission shall be empowered to adopt delegated acts in accordance with article 10 concerning the drawing up of the watch list referred to in paragraph 1 of this article . the commission shall establish the criteria and procedure to remove from the watch list any substance for which monitoring indicates that there is not sufficient evidence or relevance at eu level or ecotoxicologically .


### a new mechanism is needed to provide the commission with targeted high - quality monitoring information on the concentration of substances in the aquatic environment , with a focus on emerging pollutants and substances for which available monitoring data are not of sufficient quality for the purpose of risk assessment . the new mechanism should facilitate the gathering of that information across union river basins . in order to maintain the monitoring costs at reasonable levels , the mechanism should focus on a limited number of substances , included temporarily in a watch list , and a limited number of monitoring sites , but deliver representative data that are fit for the purpose of the union prioritisation process . the list should be dynamic , to respond to new information on the potential risks posed by emerging pollutants and avoid monitoring substances for longer than necessary . ### a new mechanism is needed to provide the commission with targeted high - quality monitoring information on the concentration of substances in the aquatic environment , with a focus on emerging pollutants and substances for which available monitoring data are not of sufficient quality for the purpose of risk assessment . the new mechanism should facilitate the gathering of that information across union river basins . in order to maintain the monitoring costs at reasonable levels , the mechanism should focus on a limited number of substances , included temporarily in a watch list , and a limited number of monitoring sites , but deliver representative and statistically significant data that are fit for the purpose of the union prioritisation process . the list should be dynamic and its validity in time should be limited , to respond to new information on the potential risks posed by emerging pollutants and avoid monitoring substances for longer than necessary . in order to facilitate the setting up of the mechanism , it is useful to already indicate a number of substances , for which monitoring data is insufficient and available information indicates that they may pose a risk to or via the aquatic environment , to be included in the first watch list .