### being represented in a manner which enables the competent authorities and the public to determine the precise subject of the protection afforded to its proprietor . ### being represented , in its published form and its inscription in the register , in a manner which enables the competent authorities and the public to determine the precise subject of the protection afforded to its proprietor .


### being represented in a manner which enables the competent authorities and the public to determine the precise subject of the protection afforded to its proprietor . ### being represented in a manner which enables the competent authorities and the public to determine clearly and exactly the subject of the protection afforded to its proprietor .


### a trade mark shall not be refused registration or be declared invalid in accordance with paragraph 1 , or if , before the date of application for registration or after the date of registration , and following the use which has been made of it , it has acquired a distinctive character . ### a trade mark shall not be refused registration or be declared invalid in accordance with paragraph 1 , or if it has acquired a distinctive character at the time of registration .


### an applicant for a collective mark shall submit the regulations governing its use . ### an applicant for a collective mark shall submit the regulations governing its use to the office .


### member states shall provide for an efficient and expeditious administrative procedure before their offices for opposing the registration of a trade mark application on the grounds provided for in article 5 . ### member states shall provide for an efficient and expeditious administrative procedure before their offices for opposing the registration of a trade mark application .


### member states shall ensure that the offices cooperate with the agency in all areas of their activities other than those referred to in article 52 which are of relevance for the protection of trade marks in the union . ### member states shall ensure that the offices may cooperate with the agency in all areas of their activities other than those referred to in article 52 which are of relevance for the protection of trade marks in the union .


### ' biocidal product family ' means a group of biocidal products having similar uses , the active substances of which have the same specifications , and presenting specified variations in their composition which do not adversely affect the level of risk or significantly reduce the efficacy of the products ; ### article 3 is replaced by the following : ' biocidal product family ' means a group of biocidal products having similar uses , and similar composition with specified variations which do not adversely affect the level of risk or significantly reduce the efficacy of the products , the active substances of which have the same specifications ;


### in the case of a biocidal product family , a reduction in the percentage of one or more active substances may be allowed , and / or a variation in percentage of one or more non - active substances , and / or the replacement of one or more non - active substances by other specified substances presenting the same or lower risk . the classification , hazard and precautionary statements for each product within the biocidal product family shall be the same . a biocidal product family shall be authorised only if all the biocidal products within it , taking into account the permitted variations referred to in the first subparagraph , are expected to comply with the conditions set out in paragraph 1 . ### article 19 is replaced by the following : ' 6 . in the case of a biocidal product family , a reduction in the percentage of one or more active substances may be allowed , and / or a variation in percentage of one or more non - active substances , and / or the replacement of one or more non - active substances by other specified substances presenting the same or lower risk . the risk assessment for the biocidal product family conducted according to the common principles set out in annex vi shall be based on the composition and use with the highest risk level for human health and animals , and the environment respectively . for each product within the biocidal product family , the classification , hazard and precautionary statements shall be the same as , or of a lower concern than , those of the worst - case composition evaluated in the risk assessment , and the level of exposure shall be the same as or lower than the worst case use evaluated in that assessment . a biocidal product family shall be authorised only if the permitted variations in composition and the uses referred to in the first subparagraph can be easily identified in the application together with their respective classification , hazard and precautionary statements and any appropriate risk mitigation measures , and if all the biocidal products within the family are expected to comply with the conditions set out in paragraph 1 . '


### articles 78 to 84 , 89 and 90 of regulation no 1907 / 2006 shall apply mutatis mutandis taking into account the role of the agency with respect to this regulation . ### article 74 is amended as follows : articles 77 , 78 to 84 , 86 , 89 and 90 of regulation no 1907 / 2006 shall apply mutatis mutandis , taking into account the role of the agency and the role of the member states ' authorities with respect to this regulation .


### costs of compensation to owners for the value of their destroyed products of animal origin , within the limit of the market value of those products immediately before their destruction ; ### costs of compensation to owners for the value of their destroyed products of animal origin , within the limit of the market value of those products immediately before the disease was notified ;


### cost of purchase and administration of vaccines if those are decided or authorised by the commission ; ### cost of purchase and administration of vaccines if those are decided or authorised by the commission and , in exceptional , duly substantiated cases , cost of losses incurred as a result of using these vaccines .


### as an exception , as referred to in article 130 of regulation no 966 / 2012 , costs shall be eligible from the date of notification of the occurrence of the disease by the member states to the commission . ### as an exception , as referred to in article 130 of regulation no 966 / 2012 , costs shall be eligible from the date the disease is suspected . the member states shall be required to notify the commission of the occurrence of the disease .


### grants may be awarded to member states ' annual or multiannual national programmes for the eradication , control and surveillance of the animal diseases and zoonoses listed pursuant to article 11 . ### grants may be awarded to member states ' annual or multiannual national programmes for the implementation of the eradication , control and surveillance of the animal diseases and zoonoses listed pursuant to article 11 .


### costs of inoculation of vaccine doses to domestic animals ; ### costs of inoculation of vaccine doses to domestic animals in the event of an epidemic outbreak of a disease ;


### annual national programmes and associated funding shall be approved by 31 january each year by means of a grant decision in relation to the measures implemented and the costs incurred from 1 january to 31 december of that year . following submission of the intermediate reports as referred to in article 15 , the commission may amend such decisions if necessary in relation to the whole eligibility period . ### annual national programmes and associated funding shall be approved four weeks after the adoption of the eu budget for the coming year by means of a grant decision in relation to the measures implemented and the costs incurred from 1 january to 31 december of that year following submission of the intermediate reports as referred to in article 15 , the commission may amend such decisions if necessary in relation to the whole eligibility period .


### a union financial contribution may also be granted to support information and awareness raising initiatives aimed at ensuring improved , compliant and sustainable behaviour in the implementation of the rules referred to in article 1 . ### a union financial contribution may also be granted to support information and awareness raising initiatives by the eu and the member states aimed at ensuring improved , compliant and sustainable behaviour in the implementation of the rules referred to in article 1 .


### where appropriate , beneficiaries and member states concerned shall ensure that suitable publicity is given to financial contributions granted under this regulation in order to inform the public of the role of the union in the funding of the measures . ### beneficiaries and member states concerned shall ensure that suitable publicity is given to financial contributions granted under this regulation in order to inform the public of the role of the union in the funding of the measures .


### the provisions common to the erdf , the european social fund and the cohesion fund are set out in regulation no [ … ] / 2012 of [ … ] laying down common provisions on the european regional development fund , the european social fund , the cohesion fund , the european agricultural fund for rural development and the european maritime and fisheries fund covered by the common strategic framework and laying down general provisions on the european regional development fund , the european social fund and the cohesion fund and repealing regulation no 1083 / 2006 [ common provisions regulation - cpr ] . ### the provisions common to the erdf , the european social fund and the cohesion fund are set out in regulation no [ … ] / 2013 of [ … ] laying down common provisions on the european regional development fund , the european social fund , the cohesion fund , the european agricultural fund for rural development and the european maritime and fisheries fund covered by the common strategic framework and laying down general provisions on the european regional development fund , the european social fund and the cohesion fund and repealing regulation no 1083 / 2006 [ common provisions regulation - cpr ] .


### specific provisions concerning the type of activities which may be supported by the erdf under the thematic objectives defined in regulation no [ … ] / 2012 [ cpr ] should be laid down . at the same time , expenditure outside the scope of the erdf should be defined and clarified , including as regards the reduction of greenhouse gas emissions in installations falling under directive 2003 / 87 / ec of the european parliament and of the council of 13 october 2003 establishing a scheme for greenhouse gas emission allowance trading within the community and amending council directive 96 / 61 / ec . ### specific provisions concerning the type of activities which may be supported by the erdf in order to contribute to the investment priorities within the thematic objectives defined in regulation no [ . . . ] / 2013 [ cpr ] should be laid down . at the same time , expenditure outside the scope of the erdf should be defined and clarified , including investments to achieve the reduction of greenhouse gas emissions from the activities listed in annex i to directive 2003 / 87 / ec of the european parliament and of the council of 13 october 2003 establishing a scheme for greenhouse gas emission allowance trading within the community and amending council directive 96 / 61 / ec .


### specific provisions concerning the type of activities which may be supported by the erdf under the thematic objectives defined in regulation no [ … ] / 2012 [ cpr ] should be laid down . at the same time , expenditure outside the scope of the erdf should be defined and clarified , including as regards the reduction of greenhouse gas emissions in installations falling under directive 2003 / 87 / ec of the european parliament and of the council of 13 october 2003 establishing a scheme for greenhouse gas emission allowance trading within the community and amending council directive 96 / 61 / ec . ### specific provisions concerning the type of activities which may be supported by the erdf in order to contribute to the investment priorities within the thematic objectives defined in regulation no [ … ] / 2013 [ cpr ] should be laid down . at the same time , expenditure outside the scope of the erdf should be defined and clarified , including investments to achieve the reduction of greenhouse gas emissions from the activities listed in annex i to directive 2003 / 87 / ec of the european parliament and of the council of 13 october 2003 establishing a scheme for greenhouse gas emission allowance trading within the community .


### in order to address the specific needs of the erdf , and in line with the europe 2020 strategy that cohesion policy should support the need to deliver smart , sustainable and inclusive growth , it is necessary to set out within each thematic objective laid down in article 9 of regulation no [ … ] / 2012 [ cpr ] the erdf - specific actions as ' investment priorities ' . ### in order to address the specific needs of the erdf , and in line with the europe 2020 strategy that cohesion policy should support the need to deliver smart , sustainable and inclusive growth , it is necessary to set out within each thematic objective laid down in article 9 of regulation no [ … ] / 2013 [ cpr ] the erdf - specific actions as ' investment priorities ' which shall set out detailed objectives , which are not mutually exclusive , to which the erdf shall contribute . these investment priorities should form the basis for the definition of specific objectives within programmes that take into account the needs and characteristics of the programme area .


### the erdf should contribute to the europe 2020 strategy , thus ensuring greater concentration of erdf support on the priorities of the union . according to the category of regions supported , the support from the erdf should be concentrated on research and innovation , small and medium - sized enterprises and climate change mitigation . the degree of concentration should take into account the level of development of the region as well as the specific needs of regions whose gdp per capita for the 2007 - 13 period was less than 75% of the average gdp of the eu - 25 for the reference period . ### the erdf should contribute to the europe 2020 strategy for smart , sustainable and inclusive growth , thus ensuring greater concentration of erdf support on the priorities of the union . according to the category of regions supported , the support from the erdf under the investment for growth and jobs goal should be concentrated on research and innovation , information and communication technologies , small and medium - sized enterprises and promoting a low carbon economy . this concentration should be attained at national level allowing for flexibility at the level of operational programmes and in different categories of regions and should be adjusted , if appropriate , to take into account cohesion fund resources allocated to supporting the investment priorities referred to in article 3 of regulation no [ . . . ] / 2013 [ cf ] . the degree of concentration should take into account the level of development of the region , the contribution of cohesion fund resources if applicable , as well as the specific needs of regions whose gdp per capita for the 2007 - 13 period was less than 75% of the average gdp of the eu - 25 for the reference period , regions designated with the phasing - out status in the 2007 - 2013 period and certain nuts 2 level regions consisting solely of island member states or of islands .


### the erdf should contribute to the europe 2020 strategy , thus ensuring greater concentration of erdf support on the priorities of the union . according to the category of regions supported , the support from the erdf should be concentrated on research and innovation , small and medium - sized enterprises and climate change mitigation . the degree of concentration should take into account the level of development of the region as well as the specific needs of regions whose gdp per capita for the 2007 - 13 period was less than 75% of the average gdp of the eu - 25 for the reference period . ### the erdf should contribute to the europe 2020 strategy , thus ensuring greater concentration of erdf support on the priorities of the union . according to the category of regions supported , the support from the erdf should be concentrated on research and innovation , small and medium - sized enterprises and climate change and water action . the degree of concentration should take into account the level of development of the region as well as the specific needs of regions whose gdp per capita for the 2007 - 13 period was less than 75% of the average gdp of the eu - 25 for the reference period .


### the erdf should contribute to the europe 2020 strategy , thus ensuring greater concentration of erdf support on the priorities of the union . according to the category of regions supported , the support from the erdf should be concentrated on research and innovation , small and medium - sized enterprises and climate change mitigation . the degree of concentration should take into account the level of development of the region as well as the specific needs of regions whose gdp per capita for the 2007 - 13 period was less than 75% of the average gdp of the eu - 25 for the reference period . ### the erdf should contribute to the europe 2020 strategy for smart , sustainable and inclusive growth , thus ensuring greater concentration of erdf support on the priorities of the union . according to the category of regions supported , the support from the erdf under the investment for growth and jobs goal should be concentrated on research and innovation , information and communication technologies , small and medium - sized enterprises and promoting a low carbon economy . this concentration should be attained at national level allowing for flexibility at the level of operational programmes and in different categories of regions and should be adjusted , if appropriate , to take into account cohesion fund resources allocated to supporting the investment priorities referred to in article 3 of regulation no [ … ] / 2013 [ cf ] . the degree of concentration should take into account the level of development of the region , the contribution of cohesion fund resources if applicable , as well as the specific needs of regions whose gdp per capita for the 2007 - 13 period was less than 75% of the average gdp of the eu - 25 for the reference period , regions designated with the phasing - out status in the 2007 - 2013 period and nuts 2 level regions consisting solely of islands .


### a common set of indicators to assess progress of programme implementation should be set out before the member states draft their operational programmes . these indicators should be complemented by programme - specific indicators . ### a common set of output indicators to assess the aggregated progress at union level of implementation of programmes should be set out in annex to this regulation . these should correspond to the investment priority and type of action supported in accordance with this regulation and the relevant provisions of regulation no [ … . . ] / 2013 [ cpr ] . those indicators should be complemented by programme - specific result indicators and , where appropriate , programme - specific output indicators .


### within the framework of sustainable urban development , it is considered necessary to support integrated actions to tackle the economic , environmental , climate and social challenges affecting urban areas and to define a procedure to establish the list of cities covered by such actions and the financial allocation set aside for such actions . ### within the framework of sustainable urban development , it is considered necessary to support integrated actions to tackle the economic , environmental , climate , demographic and social challenges affecting urban areas , including functional urban areas , and to promote urban rural linkages .


### building on the experience and strengths of the integration of measures in the field of sustainable urban development into operational programmes supported by the erdf during the 2007 - 2013 period , a further step should be taken at union level by establishing an urban development platform . ### in order to reinforce capacity building , networking and exchange of experience between programmes and bodies responsible for implementing sustainable urban development strategies and innovative actions in the field of sustainable urban development it is necessary to establish an urban development network at union level to complement existing programmes and bodies .


### specific attention should be paid to the outermost regions , namely by extending , on an exceptional basis , the scope of the erdf to the financing of operating aid linked to the offsetting of the additional costs resulting from their specific economic and social situation , which is compounded by the handicaps resulting from the factors referred to in article 349 of the treaty , namely their remoteness , insularity , small size , difficult topography and climate and their economic dependence on a few products , the permanence and combination of which severely restrain their development . in order to support the development of existing and new economic activities , at least 50% of the specific additional allocation should be allocated to actions contributing to the diversification and modernisation of the economies of the outermost regions . ### specific attention should be paid to the outermost regions , namely adopting measures under article 349 of the treaty on the functioning of the european union extending , on an exceptional basis , the scope of the erdf to the financing of operating aid linked to the offsetting of the additional costs resulting from their specific economic and social situation , which is compounded by the handicaps resulting from the factors referred to in article 349 of the treaty on the functioning of the european union , namely their remoteness , insularity , small size , difficult topography and climate and their economic dependence on a few products , the permanence and combination of which severely restrain their development . operating aid granted by member states in this context is exempt from the notification obligation laid down in article 108 tfeu , if , at the time it is granted , it fulfils the conditions laid down by a regulation declaring certain categories of aid compatible with the internal market in application of articles 107 and 108 tfeu adopted pursuant to article 1 of regulation no 994 / 98 .


### article 3 scope of support from the erdf the erdf shall support : productive investment , which contributes to creating and safeguarding sustainable jobs , through direct aid to investment in small and medium - sized enterprises ; investments in infrastructure providing basic services to citizens in the areas of energy , environment , transport , and information and communication technologies ; investments in social , health and educational infrastructure ; development of endogenous potential by supporting regional and local development and research and innovation . these measures shall include : fixed investment in equipment and small - scale infrastructure ; support for and services to enterprises , in particular smes ; support to public research and innovation bodies and investment in technology and applied research in enterprises ; networking , cooperation and exchange of experience between regions , towns , and relevant social , economic and environmental actors ; technical assistance . in more developed regions , the erdf shall not support investments in infrastructure providing basic services to citizens in the areas of environment , transport , and ict . ### article 3 scope of support the erdf shall support the following activities in order to contribute to the investment priorities set out in article 5 : productive investment , which contributes to creating and safeguarding sustainable jobs , through direct aid to investment in small and medium - sized enterprises ; productive investment , irrespective of the size of the enterprise , contributing to the investment priorities set out in article 5 . 1 and 5 . 4 , and , if it involves cooperation between large enterprises and smes , 5 . 2 ; investments in infrastructure providing basic services to citizens in the areas of energy , environment , transport , and information and communication technologies ; investments in business , social , health , research , innovation and educational infrastructure ; investment in the development of endogenous potential through fixed investment in equipment and small - scale infrastructure ; including small - scale cultural and sustainable tourism infrastructure , services to enterprises , support to research and innovation bodies and investment in technology and applied research in enterprises ; networking , cooperation and exchange of experience between competent regional , local , urban and other public authorities , economic and social partners , and bodies representing civil society referred to in article 5 of the cpr , studies , preparatory actions and capacity building .


### article 3 scope of support from the erdf the erdf shall support : productive investment , which contributes to creating and safeguarding sustainable jobs , through direct aid to investment in small and medium - sized enterprises ; investments in infrastructure providing basic services to citizens in the areas of energy , environment , transport , and information and communication technologies ; investments in social , health and educational infrastructure ; development of endogenous potential by supporting regional and local development and research and innovation . these measures shall include : fixed investment in equipment and small - scale infrastructure ; support for and services to enterprises , in particular smes ; support to public research and innovation bodies and investment in technology and applied research in enterprises ; networking , cooperation and exchange of experience between regions , towns , and relevant social , economic and environmental actors ; technical assistance . in more developed regions , the erdf shall not support investments in infrastructure providing basic services to citizens in the areas of environment , transport , and ict . ### article 3 scope of support the erdf shall support the following activities in order to contribute to the investment priorities set out in article 5 : productive investment , which contributes to creating and safeguarding sustainable jobs , through direct aid to investment in small and medium - sized enterprises ; productive investment , irrespective of the size of the enterprise , contributing to the investment priorities set out in article 5 . 1 and 5 . 4 , and , where it involves cooperation between large enterprises and smes , 5 . 2 ; investments in infrastructure providing basic services to citizens in the areas of energy , environment , transport , and information and communication technologies ; investments in business , social , health , research , innovation and educational infrastructure ; investment in the development of endogenous potential through fixed investment in equipment and small - scale infrastructure ; including small - scale cultural and sustainable tourism infrastructure , services to enterprises , support to research and innovation bodies and investment in technology and applied research in enterprises ; networking , cooperation and exchange of experience between competent regional , local , urban and other public authorities , economic and social partners , and bodies representing civil society referred to in article 5 of the cpr , studies , preparatory actions and capacity building .


### the erdf shall not support : the decommissioning of nuclear power stations ; the reduction of greenhouse gas emissions in installations falling under directive 2003 / 87 / ec ; the manufacturing , processing and marketing of tobacco and tobacco products ; undertakings in difficulties as defined under union state aid rules . ### the erdf shall not support : the decommissioning and the construction of nuclear power stations ; investment to achieve the reduction of greenhouse gas emissions from activities falling under annex i to directive 2003 / 87 / ec ; the manufacturing , processing and marketing of tobacco and tobacco products ; undertakings in difficulties as defined under union state aid rules ; investment in airport infrastructure unless related to environmental protection or accompanied by investments necessary to mitigate or reduce its negative environmental impact .


### article 4 thematic concentration the thematic objectives set out in article 9 of regulation no [ … ] / 2012 [ cpr ] and corresponding investment priorities set out in article 5 of this regulation to which the erdf may contribute shall be concentrated as follows : in more developed regions and transition regions : at least 80% of the total erdf resources at national level shall be allocated to the thematic objectives set out in points 1 , 3 and 4 of article 9 of regulation no [ &#8230 ; ] / 2012 [ cpr ] ; and at least 20% of the total erdf resources at national level shall be allocated to the thematic objective set out in point 4 of article 9 of regulation no [ … ] / 2012 [ cpr ] ; in less developed regions : at least 50% of the total erdf resources at national level shall be allocated to the thematic objectives set in out in point 1 , 3 and 4 of article 9 of regulation no [ &#8230 ; ] / 2012 [ cpr ] . at least 6% of the total erdf resources at national level shall be allocated to the thematic objective set out in point 4 of article 9 of regulation no [ … ] / 2012 [ cpr ] . by derogation from point , in those regions whose gdp per capita for the 2007 - 13 period was less than 75% of the average gdp of the eu - 25 for the reference period but which are eligible under the category of transition or more developed regions as defined in article 82 and of regulation no [ ] / 2012 [ cpr ] in the 2014 - 2020 period , at least 60% of the total erdf resources at national level shall be allocated to each of the thematic objectives set in out in points 1 , 3 and 4 of article 9 of regulation no [ … ] / 2012 [ cpr ] . ### article 4 thematic concentration the thematic objectives set out in article 9 of regulation no [ &#8230 ; ] / 2012 [ cpr ] and corresponding investment priorities set out in article 5 of this regulation to which the erdf may contribute under the investment for jobs and growth goal shall be concentrated as follows : in more developed regions : at least 80% of the total erdf resources at national level shall be allocated to two or more of the thematic objectives set out in points 1 , 2 , 3 and 4 of article 9 of regulation no [ &#8230 ; ] / 2012 [ cpr ] ; and at least 20% of the total erdf resources at national level shall be allocated to the thematic objective set out in point 4 of article 9 of regulation no [ … ] / 2012 [ cpr ] ; in transition regions : at least 60% of the total erdf resources at national level shall be allocated to two or more of the thematic objectives set out in points 1 , 2 , 3 and 4 of article 9 of regulation no [ &#8230 ; ] / 2013 [ cpr ] ; and at least 15% of the total erdf resources at national level shall be allocated to the thematic objective set out in point 4 of article 9 of regulation no [ … ] / 2013 [ cpr ] ; in less developed regions : at least 50% of the total erdf resources at national level shall be allocated to two or more of the thematic objectives set in out in point 1 , 2 , 3 and 4 of article 9 of regulation no [ &#8230 ; ] / 2012 [ cpr ] . at least 12% of the total erdf resources at national level shall be allocated to the thematic objective set out in point 4 of article 9 of regulation no [ … ] / 2012 [ cpr ] by derogation from point , those regions whose gdp per capita for the 2007 - 13 period was less than 75% of the average gdp of the eu - 25 for the reference period , and the regions designated with the phasing - out status in the 2007 - 2013 period but which are eligible under the category of more developed regions as defined in article 82 of regulation no [ ] / 2012 [ cpr ] in the 2014 - 2020 period , shall be considered as transition regions for the purpose of this article . by derogation from point and , all nuts 2 level regions consisting solely of island member states or of islands which are situated in member states which receive support from the cohesion fund , or which are outermost regions , shall be considered as less developed regions for the purpose of this article .


### article 4 thematic concentration the thematic objectives set out in article 9 of regulation no [ … ] / 2012 [ cpr ] and corresponding investment priorities set out in article 5 of this regulation to which the erdf may contribute shall be concentrated as follows : in more developed regions and transition regions : at least 80% of the total erdf resources at national level shall be allocated to the thematic objectives set out in points 1 , 3 and 4 of article 9 of regulation no [ &#8230 ; ] / 2012 [ cpr ] ; and at least 20% of the total erdf resources at national level shall be allocated to the thematic objective set out in point 4 of article 9 of regulation no [ … ] / 2012 [ cpr ] ; in less developed regions : at least 50% of the total erdf resources at national level shall be allocated to the thematic objectives set in out in point 1 , 3 and 4 of article 9 of regulation no [ &#8230 ; ] / 2012 [ cpr ] . at least 6% of the total erdf resources at national level shall be allocated to the thematic objective set out in point 4 of article 9 of regulation no [ … ] / 2012 [ cpr ] . by derogation from point , in those regions whose gdp per capita for the 2007 - 13 period was less than 75% of the average gdp of the eu - 25 for the reference period but which are eligible under the category of transition or more developed regions as defined in article 82 and of regulation no [ ] / 2012 [ cpr ] in the 2014 - 2020 period , at least 60% of the total erdf resources at national level shall be allocated to each of the thematic objectives set in out in points 1 , 3 and 4 of article 9 of regulation no [ … ] / 2012 [ cpr ] . ### article 4 thematic concentration the thematic objectives set out in article 9 of regulation no [ &#8230 ; ] / 2012 [ cpr ] and corresponding investment priorities set out in article 5 of this regulation to which the erdf may contribute under the investment for jobs and growth goal shall be concentrated as follows : in more developed regions : at least 80% of the total erdf resources at national level shall be allocated to two or more of the thematic objectives set out in points 1 , 2 , 3 and 4 of article 9 of regulation no [ &#8230 ; ] / 2012 [ cpr ] ; and at least 20% of the total erdf resources at national level shall be allocated to the thematic objective set out in point 4 of article 9 of regulation no [ … ] / 2012 [ cpr ] ; in transition regions : at least 60% of the total erdf resources at national level shall be allocated to two or more of the thematic objectives set out in points 1 , 2 , 3 and 4 of article 9 of regulation eu no [ &#8230 ; ] / 2012 [ cpr ] ; and at least 15% of the total erdf resources at national level shall be allocated to the thematic objective set out in point 4 of article 9 of regulation eu no [ … ] / 2012 [ cpr ] ; in less developed regions : at least 50% of the total erdf resources at national level shall be allocated to two or more of the thematic objectives set in out in point 1 , 2 , 3 and 4 of article 9 of regulation no [ &#8230 ; ] / 2012 [ cpr ] . at least 12% of the total erdf resources at national level shall be allocated to the thematic objective set out in point 4 of article 9 of regulation no [ … ] / 2012 [ cpr ] by derogation from point , those regions whose gdp per capita for the 2007 - 13 period was less than 75% of the average gdp of the eu - 25 for the reference period , and the regions designated with the phasing - out status in the 2007 - 2013 period but which are eligible under the category of more developed regions as defined in article 82 of regulation no [ ] / 2012 [ cpr ] in the 2014 - 2020 period , shall be considered as transition regions for the purpose of this article . by derogation from point and , all nuts 2 level regions consisting solely of an island or of several islands , shall be considered as less developed regions for the purpose of this article .


### strengthening research , technological development and innovation : enhancing research and innovation infrastructure and capacities to develop r&amp ; i excellence and promoting centres of competence , in particular those of european interest ; promoting business r&i investment , product and service development , technology transfer , social innovation and public service applications , demand stimulation , networking , clusters and open innovation through smart specialisation ; supporting technological and applied research , pilot lines , early product validation actions , advanced manufacturing capabilities and first production in key enabling technologies and diffusion of general purpose technologies ; ### strengthening research , technological development and innovation through : enhancing research and innovation infrastructure and capacities to develop r&amp ; i excellence and promoting centres of competence , in particular those of european interest ; promoting business investment in innovation and research , and developing links and synergies between enterprises , r&d centres and higher education , in particular product and service development , technology transfer , social innovation , eco - innovation , public service applications , demand stimulation , networking , clusters and open innovation through smart specialisation and supporting technological and applied research , pilot lines , early product validation actions , advanced manufacturing capabilities and first production , in particular in key enabling technologies and diffusion of general purpose technologies ;


### enhancing access to and use and quality of ict : extending broadband deployment and the roll - out of high - speed networks ; developing ict products and services , e - commerce and enhancing demand for ict ; strengthening ict applications for e - government , e - learning , e - inclusion and e - health ; ### enhancing access to and use and quality of ict through : extending broadband deployment and the roll - out of high - speed networks and supporting the adoption of emerging technologies and networks for the digital economy ; developing ict products and services , e - commerce and enhancing demand for ict ; strengthening ict applications for e - government , e - learning , e - inclusion , e - culture and e - health ;


### enhancing the competitiveness of smes : promoting entrepreneurship , in particular by facilitating the economic exploitation of new ideas and fostering the creation of new firms ; developing new business models for smes , in particular for internationalisation ; ### enhancing the competitiveness of smes through : promoting entrepreneurship , in particular by facilitating the economic exploitation of new ideas and fostering the creation of new firms , including through business incubators ; developing and implementing new business models for smes , in particular for internationalisation ; supporting the creation and the extension of advanced capacities for product and service development ; supporting the capacity of smes to engage in growth in regional , national and international markets , and in innovation processes ;


### promoting the production and distribution of renewable energy sources ; ### promoting and supporting the production , transport and distribution of renewable energy sources ;


### promoting the production and distribution of renewable energy sources ; ### promoting the production and distribution of renewable energy sources , including self - consumption ;


### supporting energy efficiency and renewable energy use in public infrastructures and in the housing sector ; ### supporting energy efficiency and renewable energy use in public infrastructures , including in public buildings and in the housing sector as a whole in order to support social and territorial cohesion ;


### supporting energy efficiency and renewable energy use in public infrastructures and in the housing sector ; ### supporting and promoting energy efficiency and renewable energy use in public infrastructure , particularly in public buildings and in the housing sector ;


### supporting energy efficiency and renewable energy use in public infrastructures and in the housing sector ; ### supporting energy efficiency and renewable energy use in public infrastructures including public transport and in the housing sector ;


### supporting energy efficiency and renewable energy use in public infrastructures and in the housing sector ; ### supporting energy efficiency and renewable energy use in public infrastructure and in the public and private housing sector ;


### promoting low - carbon strategies for urban areas ; ### promoting low - carbon strategies for all types of territories , in particular urban areas , including the promotion of sustainable urban mobility , clean public transport and mitigation relevant adaptation measures ;


### supporting the shift towards a low - carbon economy in all sectors : promoting the production and distribution of renewable energy sources ; promoting energy efficiency and renewable energy use in smes ; supporting energy efficiency and renewable energy use in public infrastructures and in the housing sector ; developing smart distribution systems at low voltage levels ; promoting low - carbon strategies for urban areas ; ### supporting the shift towards a low - carbon economy in all sectors through : promoting the production and distribution of energy derived from renewable sources ; promoting energy efficiency and renewable energy use in enterprises ; supporting energy efficiency , smart energy management and renewable energy use in public infrastructures , including in public buildings , and in the housing sector ; developing and implementing smart distribution systems at low and medium voltage levels ; promoting low - carbon strategies for all types of territories , in particular for urban areas , including the promotion of sustainable multi - modal urban mobility and mitigation relevant adaptation measures ; promoting research in , innovation in and adoption of low - carbon technologies ; promoting the use of high - efficiency co - generation of heat and power based on useful heat demand ;


### promoting climate change adaptation , risk prevention and management : supporting dedicated investment for adaptation to climate change ; promoting investment to address specific risks , ensuring disaster resilience and developing disaster management systems ; ### promoting climate change adaptation , risk prevention and management through : supporting investment for adaptation to climate change , including eco - system based approaches ; promoting investment to address specific risks , ensuring disaster resilience and developing disaster management systems ;


### protecting , promoting and developing cultural heritage ; ### protecting , promoting and developing cultural and natural heritage ;


### enhancing regional mobility through connecting secondary and tertiary nodes to ten - t infrastructure ; ### enhancing regional and local mobility through connecting secondary and tertiary nodes to ten - t infrastructure ;


### development of business incubators and investment support for self - employment and business creation ; ### development of business incubators and investment support for self - employment and micro - enterprises and business creation ;


### development of business incubators and investment support for self - employment and business creation ; ### development and restructuring of business incubators and investment support for self - employment and business creation and risk capital financing systems ;


### investing in health and social infrastructure which contribute to national , regional and local development , reducing inequalities in terms of health status , and transition from institutional to community - based services ; ### investing in health , social and physical mobility infrastructure which contributes to national , regional and local development , reducing inequalities in terms of health status , and transition from institutional to community - based services ;


### support for social enterprises ; ### support for social and cultural enterprises ;


### investing in education , skills and lifelong learning by developing education and training infrastructure ; ### investing in education , skills , lifelong learning and culture by developing education and training infrastructure and promoting cultural heritage ;


### investing in education , skills and lifelong learning by developing education and training infrastructure ; ### investing in education , training and vocational training for skills and lifelong learning by developing education and training infrastructure ;


### enhancing institutional capacity and an efficient public administration by strengthening of institutional capacity and the efficiency of public administrations and public services related to implementation of the erdf , and in support of actions in institutional capacity and in the efficiency of public administration supported by the esf . ### enhancing institutional capacity and an efficient public administration by strengthening of institutional capacity , the efficiency of public administrations , public services and partners reffered to in article 5 of regulation , including local and regional authorities and civil society organisations , related to implementation of the erdf , and in support of actions in institutional capacity and in the efficiency of public administration supported by the esf .


### enhancing institutional capacity and an efficient public administration by strengthening of institutional capacity and the efficiency of public administrations and public services related to implementation of the erdf , and in support of actions in institutional capacity and in the efficiency of public administration supported by the esf . ### enhancing institutional capacity of public authorities and stakeholders and an efficient public administration by strengthening of institutional capacity and the efficiency of public administrations and public services related to implementation of the erdf , and in support of actions in institutional capacity and in the efficiency of public administration supported by the esf .


### common indicators , as set out in the annex to this regulation , shall be used where relevant and in accordance with article 24 of regulation no [ … ] / 2012 [ cpr ] . for common indicators , baselines shall be set at zero and cumulative targets shall be fixed for 2022 . ### the commission shall adopt the list of common indicators in accordance with article 24 of regulation no [ . . . ] / 2012 [ cpr ] by means of implementing act . this implementing act shall be adopted in accordance with the examination procedure referred to in article 14 . for common indicators , baselines shall be set at zero and cumulative targets shall be fixed for 2022 .


### common indicators , as set out in the annex to this regulation , shall be used where relevant and in accordance with article 24 of regulation no [ … ] / 2012 [ cpr ] . for common indicators , baselines shall be set at zero and cumulative targets shall be fixed for 2022 . for programme - specific output indicators , baselines shall be set at zero and cumulative targets shall be fixed for 2022 . for programme - specific result indicators , baselines shall use the latest available data and targets shall be fixed for 2022 , but may be expressed in quantitative or qualitative terms . ### common output indicators , as set out in the annex to this regulation , programme - specific result indicators and , where relevant , programme - specific output indicators shall be used in accordance with article 24 and article 87 and of regulation no [ … ] / 2012 [ cpr ] . for common and programme - specific output indicators , baselines shall be set at zero . cumulative quantified target values for these indicators shall be fixed for 2022 . for programme - specific result indicators , which relate to investment priorities , baselines shall use the latest available data and targets shall be fixed for 2022 . targets may be expressed in quantitative or qualitative terms . the commission shall be empowered to adopt a delegated act in accordance with article 13 to amend the list of common output indicators in the annex to this regulation , in order to make adjustments , where justified to ensure effective assessment of progress in programme implementation .


### the erdf shall support , within operational programmes , sustainable urban development through strategies setting out integrated actions to tackle the economic , environmental , climate and social challenges affecting urban areas . ### the erdf shall support sustainable urban and other territorial development through strategies setting out integrated actions to tackle the economic , environmental , climate , demographic and social challenges affecting urban and other territorial areas .


### article 8 urban development platform the commission shall establish , in accordance with article 51 of regulation no [ &#8230 ; ] / 2012 [ cpr ] , an urban development platform to promote capacity - building and networking between cities and exchange of experience on urban policy at union level in areas related to the investment priorities of the erdf and to sustainable urban development . ### article 9 urban development network the commission shall establish , in accordance with article 51 of regulation no [ &#8230 ; ] / 2012 [ cpr ] , an urban development network to promote capacity - building , networking and exchange of experience at union level between urban authorities responsible for implementing sustainable urban development strategies in accordance with article 7 , paragraphs 2a and 2b of this regulation and innovative actions in the field of sustainable urban development in accordance with article 8 of this regulation .


### at the initiative of the commission , the erdf may support innovative actions in the field of sustainable urban development , subject to a ceiling of 0 , 2% of the total annual erdf allocation . they shall include studies and pilot projects to identify or test new solutions to issues relating to sustainable urban development which are of relevance at union level . ### at the initiative of the commission , the erdf may support innovative actions in the field of sustainable and inclusive urban development , subject to a ceiling of 0 . 2&#160 ; % of the total annual erdf allocation . they shall include studies and pilot projects to identify or test new solutions to issues relating to sustainable urban development which are of relevance at union level .


### freight transport services and start - up aid for transport services ; ### passenger and freight transport services and start - up , development and improvement aid for transport services ;


### operations linked to storage constraints , the excessive size and maintenance of production tools , and lack of human capital in the local market . ### operations linked to storage constraints , the excessive size and maintenance of production tools , education and lack of human capital in the local market , and cultural , sporting and sustainable tourism investment .


### the specific additional allocation for the outermost regions shall be used to offset the additional costs , linked to the handicaps referred in article&#160 ; 349 of the treaty , incurred in the outermost regions in supporting : the thematic objectives set out in article 9 of regulation no&#160 ; [ &#8230 ; ] / 2012 [ cpr ] ; freight transport services and start - up aid for transport services ; operations linked to storage constraints , the excessive size and maintenance of production tools , and lack of human capital in the local market . at least 50% of the specific additional allocation shall be allocated to actions contributing to the diversification and modernisation of the economies of the outermost regions , with a particular focus on the thematic objectives set out in points 1 , 2 and 3 of article 9 of regulation no [ … ] / 2012 [ cpr ] . 2 . the specific additional allocation may also be used to help finance operating aid and expenditure covering public service obligations and contracts in the outermost regions . 3 . the amount to which the rate of co - financing applies shall be proportionate to the additional costs referred to in paragraph 1 incurred by the beneficiary in the case of operating aid and expenditure covering public service obligations and contracts only , and may cover the total eligible costs in the case of expenditure for investment . 4 . financing under this article shall not be used to support : operations involving products falling within annex i to the treaty ; aids to transport of persons authorised under article 107 of the treaty ; tax exemptions and exemption of social charges . ### the specific additional allocation for the outermost regions shall not be subject to article 4 and be used to offset the additional costs , linked to the characteristics and constraints referred to in article&#160 ; 349 of the treaty on the functioning of the european union , incurred in the outermost regions in supporting : the thematic objectives set out in article 9 of regulation no&#160 ; [ &#8230 ; ] / 2012 [ cpr ] ; freight transport services and start - up aid for transport services ; operations linked to storage constraints , the excessive size and maintenance of production tools , and lack of human capital in the local market . 2 . the specific additional allocation may also be used to help finance operating aid and expenditure covering public service obligations and contracts in the outermost regions . 3 . the amount to which the rate of co - financing applies shall be proportionate to the additional costs referred to in paragraph 1 incurred by the beneficiary in the case of operating aid and expenditure covering public service obligations and contracts only , and may cover the total eligible costs in the case of expenditure for investment . 4 . financing under this article shall not be used to support : operations involving products falling within annex i to the treaty on the functioning of the european union ; aids to transport of persons authorised under article 107 of the treaty on the functioning of the european union ; tax exemptions and exemption of social charges . 4a . by derogation from article 3 , points , and , the erdf may support productive investments in enterprises in the outermost regions , irrespectively of their size . 4 b . the erdf part of the special allocation for the outermost region of mayotte shall not be subject to article 4 of this regulation , and at least 50% shall be allocated to the thematic objectives set out in points 1 , 2 , 3 , 4 and 6 of article 9 of regulation no [ . . . ] / 2013 [ cpr ] .


### the specific additional allocation for the outermost regions shall be used to offset the additional costs , linked to the handicaps referred in article&#160 ; 349 of the treaty , incurred in the outermost regions in supporting : the thematic objectives set out in article 9 of regulation no&#160 ; [ &#8230 ; ] / 2012 [ cpr ] ; freight transport services and start - up aid for transport services ; operations linked to storage constraints , the excessive size and maintenance of production tools , and lack of human capital in the local market . at least 50% of the specific additional allocation shall be allocated to actions contributing to the diversification and modernisation of the economies of the outermost regions , with a particular focus on the thematic objectives set out in points 1 , 2 and 3 of article 9 of regulation no [ … ] / 2012 [ cpr ] . ### the specific additional allocation for the outermost regions shall not be subject to article 4 and be used to offset the additional costs , linked to the characteristics and constraints referred to in article&#160 ; 349 of the treaty on the functioning of the european union , incurred in the outermost regions in supporting : the thematic objectives set out in article 9 of regulation no&#160 ; [ &#8230 ; ] / 2012 [ cpr ] ; freight transport services and start - up aid for transport services ; operations linked to storage constraints , the excessive size and maintenance of production tools , and lack of human capital in the local market .


### the specific additional allocation may also be used to help finance operating aid and expenditure covering public service obligations and contracts in the outermost regions . ### the specific additional allocation may also be used to help finance operating aid and expenditure covering public service obligations and contracts in the outermost regions . concerning operating aid , the commission shall adopt the implementing rules for state aid in accordance with the procedure laid down in article 16 of regulation 247 / 2006 .


### this regulation shall not affect either the continuation or modification , including the total or partial cancellation , of assistance approved by the commission on the basis of regulation no&#160 ; 1080 / 2006 or any other legislation applying to that assistance on 31 december 2013 , which shall consequently apply thereafter to that assistance or the projects concerned until their closure . 2 . applications to receive assistance made under regulation no 1080 / 2006 shall remain valid . ### this regulation shall not affect either the continuation or modification , including the total or partial cancellation , of assistance approved by the commission on the basis of regulation no&#160 ; 1080 / 2006 or any other legislation applying to that assistance on 31 december 2013 , which shall consequently apply thereafter to that assistance or the operations concerned until their closure . 2 . applications to receive assistance made or approved under regulation no 1080 / 2006 shall remain valid .


### the power to adopt delegated acts referred to in article 9 shall be conferred on the commission for an indeterminate period of time from 1 january 2014 . ### the delegation of power referred to in article 9 shall be conferred on the commission for a period of three years from1 . the commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the three year period . the delegation of power shall be tacitly extended until the review of this regulation , unless the european parliament or the council opposes such extension not later than 3 months before the end of that period . __________________ 1 oj : please insert date of entry info force of this regulation .


### the power to adopt delegated acts referred to in article 9 shall be conferred on the commission for an indeterminate period of time from 1 january 2014 . ### the power to adopt delegated acts referred to in articles 6 and 8 shall be conferred on the commission for an indeterminate period of time from 1 january 2014 .


### the delegation of power referred to in article 9 may be revoked at any time by the european parliament or by the council . a decision to revoke shall put an end to the delegation of the power specified in that decision . it shall take effect the day following the publication of the decision in the official journal of the european union or at a later date specified therein . it shall not affect the validity of any delegated acts already in force . ### the delegation of power referred to in article 9 may be revoked at any time by the european parliament or by the council . a decision of revocation shall put an end to the delegation of the power specified in that decision . it shall take effect the day following the publication of the decision in the official journal of the european union or at a later date specified therein . it shall not affect the validity of any delegated acts already in force .


### the delegation of power referred to in article 9 may be revoked at any time by the european parliament or by the council . a decision to revoke shall put an end to the delegation of the power specified in that decision . it shall take effect the day following the publication of the decision in the official journal of the european union or at a later date specified therein . it shall not affect the validity of any delegated acts already in force . ### the delegation of power referred to in articles 6 and 8 may be revoked at any time by the european parliament or by the council . a decision to revoke shall put an end to the delegation of the power specified in that decision . it shall take effect the day following the publication of the decision in the official journal of the european union or at a later date specified therein . it shall not affect the validity of any delegated acts already in force .


### a delegated act adopted pursuant to article 9 shall enter into force only if no objection has been expressed either by the european parliament or the council within a period of two months of notification of that act to the european parliament and the council or if , before the expiry of that period , the european parliament and the council have both informed the commission that they will not object . that period shall be extended by two months at the initiative of the european parliament or the council . ### a delegated act adopted pursuant to article 9 shall enter into force only if no objection has been expressed either by the european parliament or the council within a period of three months of notification of that act to the european parliament and the council or if , before the expiry of that period , the european parliament and the council have both informed the commission that they will not object . that period shall be extended by three months at the initiative of the european parliament or the council .


### a delegated act adopted pursuant to article 9 shall enter into force only if no objection has been expressed either by the european parliament or the council within a period of two months of notification of that act to the european parliament and the council or if , before the expiry of that period , the european parliament and the council have both informed the commission that they will not object . that period shall be extended by two months at the initiative of the european parliament or the council . ### a delegated act adopted pursuant to articles and 8 shall enter into force only if no objection has been expressed either by the european parliament or the council within a period of two months of notification of that act to the european parliament and the council or if , before the expiry of that period , the european parliament and the council have both informed the commission that they will not object . that period shall be extended by two months at the initiative of the european parliament or the council .


### article 15 repeal regulation no 1080 / 2006 is hereby repealed . references to the repealed regulation shall be construed as references to this regulation ### article 15 repeal without prejudice to the provisions laid down in article 12 , regulation no 1080 / 2006 is hereby repealed with effect from 1 january 2014 . references to the repealed regulation shall be construed as references to this regulation and shall be read in accordance with the correlation table set out in annex x .


### article 16 review the european parliament and the council shall review this regulation by 31 december 2022 , in accordance with article 177 of the treaty . ### article 16 review the european parliament and the council shall review this regulation by 31 december 2020 , in accordance with article 177 of the treaty on the functioning of the european union .


### pyrotechnic articles require appropriate measures to ensure the protection of consumers and the safety of the public . pyrotechnic articles are covered by directive 2007 / 23 / ec of the european parliament and of the council of 23 may 2007 on the placing on the market of pyrotechnic articles . this directive should therefore not apply to pyrotechnic articles . ### pyrotechnic articles require appropriate measures to ensure the protection of end - users and the safety of the public . pyrotechnic articles are covered by directive 2007 / 23 / ec of the european parliament and of the council of 23 may 2007 on the placing on the market of pyrotechnic articles . this directive should therefore not apply to pyrotechnic articles .


### explosives and ammunition , intended for use , in accordance with national law , by the armed forces or the police ; ### explosives , including ammunition , intended for use , in accordance with national law , by the armed forces or the police ;


### ‘ economic operators ' means the manufacturer , the authorised representative , the importer , the distributor and any natural or legal person who engages in the storage , use , transfer , export or trade of explosives ; ### ‘ economic operator ' means a manufacturer , an authorised representative , an importer , a distributor or any natural or legal person who engages in the storage , use , transfer , export or trade of explosives ;


### ‘ harmonised standard’ means harmonised standard as defined in article 2 of regulation no [ . . / . . ] [ standardisation regulation ] ; ### ‘ harmonised standard’ means a standard as defined in article 2 of regulation no [ . . / . . ] [ standardisation regulation ] ;


### manufacturers shall draw up the technical documentation referred to in annex ii and carry out the conformity assessment procedure referred to in article 19 or have it carried out . ### manufacturers shall draw up the technical documentation referred to in annex ii and have the conformity assessment procedure referred to in article 19 carried out .


### manufacturers shall ensure that their explosives are accompanied by instructions and safety information in a language which can be easily understood by end - users , as determined by the member state concerned . ### manufacturers shall ensure that their explosives are accompanied by instructions and safety information in a language which can be easily understood by end - users , as determined by the member state concerned . such instructions and safety information as well as any labelling shall be clear , understandable and intelligible .


### member states shall ascertain that economic operators possess a system for keeping track of explosives such that those holding explosives can be identified at any time . ### member states shall ascertain that economic operators possess a system for keeping track of explosives such that those holding explosives can be indicated at any time .


### the documents referred to in the first and second paragraph must be kept for at least ten years after the end of the calendar year in which the recorded transaction took place , even if the economic operator has ceased trading . they must be immediately available for inspection at the request of the competent authorities . ### the documents referred to in the first and second paragraph must be kept for at least ten years after the end of the calendar year in which the recorded transaction took place , even if the economic operator has ceased trading . they must be immediately available for inspection at the request of the competent authorities . economic operators shall not be required to update the information referred to in the first paragraph after supply is finalised .


### the eu declaration of conformity shall have the model structure set out in annex iii to decision no 768 / 2008 / ec , shall contain the elements specified in the relevant modules set out in annex ii to this directive and shall be continuously updated . it shall be translated into the language or languages required by the member state in which market the explosive is placed or made available . ### the eu declaration of conformity shall have the model structure set out in annex iii to decision no 768 / 2008 / ec , shall contain the elements specified in the relevant modules set out in annex ii to this directive and shall be continuously updated . it shall be translated into the language or languages required by the member state in which market the explosive is placed or made available . upon the request of the market surveillance authorities , the economic operator shall provide a copy of the eu declaration of conformity in paper form or by electronic means .


### by drawing up the eu declaration of conformity , the manufacturer shall assume responsibility for the compliance of the explosive . ### by drawing up the eu declaration of conformity , the manufacturer shall assume responsibility for the compliance of the explosive with the requirements laid down in this directive .


### member states shall designate a notifying authority that shall be responsible for setting up and carrying out the necessary procedures for the assessment and notification of conformity assessment bodies and the monitoring of notified bodies , including compliance with article 29 . ### member states shall designate a single notifying authority that shall be responsible for setting up and carrying out the necessary procedures for the assessment and notification of conformity assessment bodies and the monitoring of notified bodies , including compliance with article 29 .


### where the market surveillance authorities of one member state have taken action pursuant to article 20 of regulation no 765 / 2008 , or where they have sufficient reason to believe that an explosive presents a risk to the health or safety of persons or to public security , they shall carry out an evaluation in relation to the explosive concerned covering all the requirements laid down in this directive . the relevant economic operators shall cooperate as necessary with the market surveillance authorities . ### where the market surveillance authorities of one member state have taken action pursuant to article 20 of regulation no 765 / 2008 , or where they have sufficient reason to believe that an explosive presents a risk to the health or safety of persons or to public security , they shall carry out an evaluation in relation to the explosive concerned covering all the relevant requirements laid down in this directive . the relevant economic operators shall cooperate as necessary with the market surveillance authorities .


### failure of the explosive to meet requirements relating to the health or safety of persons or to other aspects of public interest protection laid down in this directive ; ### failure of the explosive to meet requirements relating to the health or safety of persons or to other aspects of public interest protection laid down in this directive ; or


### member states shall ensure that appropriate restrictive measures are taken in respect of the explosive concerned without delay . ### member states shall ensure that appropriate restrictive measures are taken in respect of the explosive concerned , such as withdrawal of the explosive from their market , without delay .


### where the national measure is considered justified and the non - compliance of the explosive is attributed to shortcomings in the harmonised standards referred to in article 18 of this directive , the commission shall apply the procedure provided for in article 8 of no [ . . / . . ] [ standardisation regulation ] . ### where the national measure is considered justified and the non - compliance of the explosive is attributed to shortcomings in the harmonised standards referred to in article 41 of this directive , the commission shall apply the procedure provided for in article 8 of no [ . . / . . ] [ standardisation regulation ] .


### member states shall lay down rules on penalties applicable to infringements of the national provisions adopted pursuant to this directive and shall take all measures necessary to ensure that they are enforced . the penalties provided for shall be effective , proportionate and dissuasive . ### member states shall build upon existing mechanisms to ensure correct application of the regime governing the ce marking and shall take appropriate action in the event of improper use of the marking . member states shall lay down rules on penalties applicable to infringements by economic operators of the national provisions adopted pursuant to this directive and shall take all measures necessary to ensure that they are enforced . such rules may include criminal penalties for serious infringements


### member states shall notify those provisions to the commission by [ insert the date specified in article 50 ] at the latest and shall notify it without delay of any subsequent amendment affecting them . ### member states shall notify those provisions to the commission by [ insert the date specified in article 50 ] and shall notify it without delay of any subsequent amendment affecting them . the commission shall make those provisions publicly available by publishing them on the internet .


### member states shall communicate to the commission the text of the main provisions of national law which they adopt in the field covered by this directive . ### member states shall communicate to the commission the text of the main provisions of national law which they adopt in the field covered by this directive . the commission shall make those texts publicly available by publishing them on the internet .


### the correct loading and functioning of the explosive when used for its intended purpose ; ### the correct loading and functioning of the explosive when used for its intended purpose or for a purpose which can be reasonably foreseen ;


### these materials must not detonate when used for their intended purpose ; ### these materials must not detonate when used for their intended purpose or for a purpose which can be reasonably foreseen ;


### a notified body , chosen by the manufacturer , shall carry out product checks or have them carried out at random intervals determined by the body , in order to verify the quality of the internal checks on the explosive , taking into account , inter alia , the technological complexity of the explosives and the quantity of production . an adequate sample of the final products , taken on site by the notified body before the placing on the market , shall be examined and appropriate tests as identified by the relevant parts of the harmonised standards and / or technical specifications , or equivalent tests , shall be carried out to check the conformity of the explosive with the type described in the eu type examination certificate and with the relevant requirements of this directive . where a sample does not conform to the acceptable quality level , the body shall take appropriate measures . ### an accredited in - house body or a notified body , chosen by the manufacturer , shall carry out product checks or have them carried out at random intervals determined by the body , in order to verify the quality of the internal checks on the explosive , taking into account , inter alia , the technological complexity of the explosives and the quantity of production . an adequate sample of the final products , taken on site by the notified body before the placing on the market , shall be examined and appropriate tests as identified by the relevant parts of the harmonised standards and / or technical specifications , or equivalent tests , shall be carried out to check the conformity of the explosive with the type described in the eu type examination certificate and with the relevant requirements of this directive . where a sample does not conform to the acceptable quality level , the body shall take appropriate measures .


### article 9 is deleted . ### article 9 is replaced by the following : ‘ article 9 report by [ dd / mm / yyyy ] [ three years after the date of entry into force of this regulation ] and every three years thereafter , the commission , after consulting the statistical programme committee , shall submit a report to the european parliament and the council on the implementation of this regulation . in particular , that report shall : assess the benefits accruing to the union , the member states and the providers and users of statistical information of the statistics produced , in relation to their costs ; assess the quality of the statistics produced , especially with regards to data losses , resulting from the deletion of simplified reporting ; identify areas for potential improvement and any amendments considered necessary in the light of the results obtained . ’


### this regulation shall enter into force on the twentieth day following that of its publication in the official journal of the european union . ### this regulation shall enter into force on the twentieth day following that of its publication in the official journal of the european union . it shall be consolidated with the regulation it is amending within three months of its publication .


### exemptions from the prohibition for certain specific materials or components should be limited in their scope , in order to achieve a gradual phase - out of hazardous substances in electrical and electronic equipment , given that the use of those substances in such applications should become avoidable . ### exemptions from the prohibition for certain specific materials or components should be classified into scientific exemptions and technical exemptions . they should be clearly identified and differentiated on the basis of type . exemptions of a type indicating that it is impossible or technically difficult to use a substitute product should be subject to review every four years . exemptions of a type indicating that the physicochemical properties of the element or material cannot be replaced by a substitute in a given application should be subject to review every 10 years . the purpose of such reviews is to achieve a gradual phase - out of hazardous substances in electrical and electronic equipment , given that the use of those substances in such applications will become avoidable .


### exemptions from the prohibition for certain specific materials or components should be limited in their scope , in order to achieve a gradual phase - out of hazardous substances in electrical and electronic equipment , given that the use of those substances in such applications should become avoidable . ### exemptions from the prohibition for certain specific materials or components should be limited in their scope , in order to achieve a gradual phase - out of hazardous substances in electrical and electronic equipment given that the use of those substances in such applications should become avoidable . the period of exemption should be determined on a case by case basis and represent an incentive innovate for the specific application to fulfil the objectives of rohs so as to ensure technical functionality and reliability of the equipment .


### ' homogeneous material ' means a material of uniform composition throughout that cannot be disjointed into different materials , meaning that the materials cannot , in principle be separated by mechanical actions such as unscrewing , cutting , crushing , grinding and abrasive processes ### ' homogeneous material ' means either : - a material that consists of only one material throughout - a combination of multiple materials that cannot be mechanically disjointed into different materials , excluding surface coatings , or - a surface coating , or - small components or materials of equal to or less than 4 mm³ in size


### through the kics , the eit helps to create environments where innovation is more likely to thrive and to generate breakthroughs in the way higher education , research and business collaborate . this approach helps addressing the increasingly complex societal challenges set out in horizon 2020 in a holistic way , bringing together excellent people from different sectors , backgrounds and disciplines – who otherwise would not necessarily meet – to jointly find solutions to the challenge . ### through the kics , the eit helps to create environments where innovation is more likely to thrive and to generate breakthroughs in the way higher education , research and business collaborate . in addition , the eit contributes to youth employment . this approach helps addressing the increasingly complex societal challenges set out in horizon 2020 in a holistic way , bringing together excellent people from different sectors , backgrounds and disciplines – who otherwise would not necessarily meet – to jointly find solutions to the challenge .


### the eit will strongly contribute to the objectives set out in horizon 2020 , in particular by addressing societal challenges in a complementary way to other initiatives in these areas . within horizon 2020 , the eit will be part of the ‘ tackling societal challenges’ objective but following the approach of seamless interaction across objectives , it will also contribute to ‘ industrial leadership and competitive frameworks’ by stimulating results - driven research and fostering the creation of high growth innovative smes . finally , it will contribute to the creation of an ‘ excellent science base’ by fostering mobility across boundaries – of disciplines , sectors and countries – and by embedding entrepreneurship and a risk - taking culture in innovative post - graduates degrees . the eit will thereby significantly contribute to promoting the framework conditions that are needed to realise the innovative potential of eu research and to promote the completion of the european research area . ### the eit will strongly contribute to the objectives set out in horizon 2020 , in particular by addressing societal challenges in a complementary way to other initiatives in these areas . within horizon 2020 , the eit will be part of the ‘ tackling societal challenges’ objective but following the approach of seamless interaction across objectives , it will also contribute to ‘ industrial leadership and competitive frameworks’ by stimulating results - driven research and fostering the creation of high growth innovative smes . finally , it will contribute to the creation of an ‘ excellent science base’ by fostering mobility across boundaries – of disciplines , sectors and countries – and by embedding entrepreneurship and a risk - taking culture in innovative post - graduates degrees . the eit must support cross - border and cross - sector cooperation and mobility in research and innovation between academia , research institutes and business . the eit will create a joint innovation and knowledge sharing platform that will help support areas which are not directly participating in kics , and , in the longer term , help achieve the priorities of the horizon 2020 framework programme . a separate priority needs to be established to define the specific scope within which the eit will operate in the context of cooperation on research and innovation with third countries and international organisations , thus helping to disseminate good community practices . the eit will thereby significantly contribute to promoting the framework conditions that are needed to realise the innovative potential of eu research and to promote the completion of the european research area .


### moreover , the eit brings a fully fledged education dimension to the eu’s research and innovation policy . via innovative , entrepreneurial education it plays an important bridging role between the research and innovation framework and education policies and programmes and provides the long term commitment needed to deliver sustainable changes in higher education . notably through new , trans and interdisciplinary eit - labelled degrees the eit is leading a collaborative effort towards education for innovation with clear spill over effects on the broader european agenda for the modernisation of higher education institutions thereby promoting the european higher education area . ### moreover , the eit brings a fully fledged education dimension to the eu’s research and innovation policy . via innovative , entrepreneurial education it plays an important bridging role between the research and innovation framework and education policies and programmes and provides the long term commitment needed to deliver sustainable changes in higher education . particular attention needs to be paid to ensuring that universities and other higher education institutions are adequately funded . this will ensure that there is a level playing field for institutions aspiring to attain the highest european standard . at the same time , support will be maintained for research and education centres that are already recognised as centres of excellence . notably through new , trans and interdisciplinary eit - labelled degrees the eit is leading a collaborative effort towards education for innovation with clear spill over effects on the broader european agenda for the modernisation of higher education institutions thereby promoting the european higher education area .


### joint programming initiatives , a key instrument for addressing fragmentation in research , should provide the nucleus of the pan - european kic research base . in turn , kics can speed up and foster the exploitation of excellent public research pooled together by the jpis , thereby addressing fragmentation in innovation . the joint technology initiatives and the newly established public and private partnerships provide platforms for promotion of large - scale industry - driven research and enhance the development of major technologies . kics can help catalysing these major research investments to boost technology transfer and commercialisation and to develop new ventures within existing business via entrepreneurial talent . through its knowledge triangle approach , the eit will complement investment of the european research council on world - class frontier research by addressing the whole innovation chain from ideas to application and exploitation and provide additional opportunities in innovation and exposure to entrepreneurship to ‘ marie curie’ researchers and ‘ erasmus for all’ students . ### joint programming initiatives , a key instrument for addressing fragmentation in research , should provide the nucleus of the pan - european kic research base . in turn , kics can speed up and foster the exploitation of excellent public research pooled together by the jpis , thereby addressing fragmentation in innovation . the joint technology initiatives and the newly established public and private partnerships provide platforms for promotion of large - scale industry - driven research and enhance the development of major technologies . kics can help catalyse these major research investments to boost technology transfer and commercialisation and to develop new ventures within existing business via entrepreneurial talent . through its knowledge triangle approach , the eit will complement investment of the european research council on world - class frontier research by addressing the whole innovation chain from ideas to application and exploitation and guarantee the development of the european research area , providing new opportunities for researchers in the context of maria skłodowska - curie activities . the eit will take advantage of europe’s intellectual capital with a view to acquiring new skills in innovation and exposure to entrepreneurship thanks to the correlation with the ‘ erasmus for all’ programme .


###  encourage kics to develop a greater variety of educational and training activities . ###  encourage kics to develop a greater variety of educational and training activities , and to raise awareness about the existence of these educational programmes .


### similarly , it would also liaise with the cip eco - innovation market replication projects , where material recycling is one of the priority areas . such experience will continue with horizon 2020 , namely in the context of the climate action , resource efficiency , and sustainable supply of raw materials societal challenges . ### similarly , it would also liaise with the cip eco - innovation market replication projects , where material recycling is one of the priority areas . such experience will continue with horizon 2020 , namely in the context of societal challenges in the form of climate action , resource efficiency , and the sustainable supply of raw materials , encouraging the use of materials for cultural heritage that will better stand up to the effects of time .


### the marketing of goods infringing intellectual property rights does considerable damage to right - holders , law - abiding manufacturers and traders . it is also deceiving consumers , and could in some cases endanger their health and safety . such goods should , in so far as is possible , be kept off the market and measures should be adopted to deal with this unlawful activity without impeding legitimate trade . ### the marketing of goods infringing intellectual property rights does considerable damage to right - holders , law - abiding manufacturers and traders . it is also deceiving consumers , and could in some cases endanger their health and safety . such goods should , in so far as is possible , be prevented from entering the customs territory and be kept off the market and measures should be adopted to deal with this unlawful activity without impeding legitimate trade .


### regulation no 1383 / 2003 does not cover certain intellectual property rights and excludes certain infringements . in order to strengthen the enforcement of intellectual property rights , customs control should therefore be extended to other types of infringements , such as infringements resulting from parallel trade , as well as other infringements of rights already enforced by customs authorities but not covered by regulation no 1383 / 2003 . for the same purpose it is appropriate to include in the scope of this regulation , in addition to the rights already covered by regulation no 1383 / 2003 , trade names in so far as they are protected as exclusive property rights under national law , topographies of semiconductor products , utility models and devices to circumvent technological measures , as well as any exclusive intellectual property right established by union legislation . ### regulation no 1383 / 2003 does not cover certain intellectual property rights and excludes certain infringements . in order to strengthen the enforcement of intellectual property rights , customs control should therefore be extended to other types of infringements not covered by regulation no 1383 / 2003 . for this purpose it is appropriate to include in the scope of this regulation , in addition to the rights already covered by regulation no 1383 / 2003 , trade names in so far as they are protected as exclusive property rights under national law , topographies of semiconductor products , utility models and devices to circumvent technological measures .


### where goods suspected of infringing intellectual property rights are not counterfeit or pirated goods , it may be difficult to determine upon mere visual examination by customs authorities whether an intellectual property right might be infringed . it is therefore appropriate to provide that proceedings should be initiated , unless the parties concerned , namely the holder of the goods and the right - holder , agree to abandon the goods for destruction . it should be for the competent authorities dealing with such proceedings to determine whether an intellectual property right has been infringed and to take appropriate decisions concerning the infringements of intellectual property rights concerned . ### where goods suspected of infringing intellectual property rights are not counterfeit or pirated goods , it may be difficult to determine upon mere visual examination by customs authorities whether an intellectual property right might be infringed . it is therefore appropriate to provide that proceedings should be initiated , unless the parties concerned , namely the declarant or the holder of the goods and the right - holder , agree to abandon the goods for destruction . it should be for the competent authorities dealing with such proceedings to determine whether an intellectual property right has been infringed and to take appropriate decisions concerning the infringements of intellectual property rights concerned .


### for further legal clarity and in order to protect the interests of legitimate traders from possible abuse of the border enforcement provisions , it is appropriate to modify the timelines for detaining goods suspected of infringing an intellectual property right , the conditions in which information about consignments is to be passed on to right - holders by customs authorities , the conditions for applying the procedure allowing for destruction of the goods under customs control for suspected infringements of intellectual property rights other than for counterfeit and pirated goods and to introduce a provision allowing the holder of the goods to express his / her views before the customs administration takes a decision which would adversely affect him / her . ### for further legal clarity and in order to protect the interests of legitimate traders from possible abuse of the border enforcement provisions , it is appropriate to modify the timelines for detaining goods suspected of infringing an intellectual property right , the conditions in which information about consignments is to be passed on to right - holders by customs authorities , the conditions for applying the procedure allowing for destruction of the goods under customs control for suspected infringements of intellectual property rights other than for counterfeit and pirated goods .


### under the ' declaration on the trips agreement and public health ' adopted by the doha wto ministerial conference on 14 november 2001 , the trips agreement can and should be interpreted and implemented in a manner supportive of wto members ' right to protect public health and , in particular , to promote access to medicines for all . in particular with regard to medicines the passage of which across this territory of the european union , with or without transshipment , warehousing , breaking bulk , or changes in the mode or means of transport , is only a portion of a complete journey beginning and terminating beyond the territory of the union , customs authorities should , when assessing a risk of infringement of intellectual property rights , take account of any substantial likelihood of diversion of these goods onto the market of the union . ### under the ' declaration on the trips agreement and public health ' adopted by the doha wto ministerial conference on 14 november 2001 , the trips agreement can and should be interpreted and implemented in a manner supportive of wto members ' right to protect public health and , in particular , to promote access to medicines for all . in particular with regard to generic medicines the passage of which across this territory of the european union , with or without transshipment , warehousing , breaking bulk , or changes in the mode or means of transport , is only a portion of a complete journey beginning and terminating beyond the territory of the union , customs authorities should , when assessing a risk of infringement of intellectual property rights , take account of any substantial likelihood of diversion of these goods onto the market of the union .


### given that customs authorities take action upon prior application , it is appropriate to provide that the holder of the decision granting an application for action by the customs authorities should reimburse all the costs incurred by the customs authorities in taking action to enforce his / her intellectual property rights . nevertheless , this should not preclude the holder of the decision from seeking compensation from the infringer or other persons that might be considered liable according to the legislation of the member state concerned . costs and damages incurred by persons other than customs administrations as a result of a customs action , where the goods are detained on the basis of a claim of a third party based on intellectual property , should be governed by the specific legislation in each particular case . ### given that customs authorities take action upon prior application , it is appropriate to provide that the holder of the decision granting an application for action by the customs authorities should reimburse all the costs incurred by the customs authorities in taking action to enforce his / her intellectual property rights . nevertheless , the holder of the decision should have the right to seek compensation from the infringer or other persons that might be considered liable according to the legislation of the member state concerned . costs and damages incurred by persons other than customs administrations as a result of a customs action , where the goods are detained on the basis of a claim of a third party based on intellectual property , should be governed by the specific legislation in each particular case .


### 1 goods which are subject of an action infringing a trade mark and bear without authorisation a trade mark identical to the trade mark validly registered in respect of the same type of goods , or which cannot be distinguished in its essential aspects from such a trade mark ; ### 1 goods which are subject of an action infringing a trade mark and bear without authorisation a trade mark identical to the trade mark validly registered in respect of the same type of goods , or which cannot be distinguished in its essential aspects from such a trade mark , as well as any trade mark sign , even if presented separately , and packaging bearing the trade marks of the counterfeit goods ;


### ‘ goods suspected of infringing an intellectual property right’ means goods with regard to which there is adequate evidence to satisfy customs authorities that , in the member state where these goods are found , are prima facie : ### ' goods infringing an intellectual property right ' means goods with regard to which there is adequate indication to satisfy customs authorities that , in the member state where these goods are found , are prima facie