### the commission shall , where appropriate , adapt the timetable for each period so as to ensure an orderly functioning of the market . ### where an assessment shows , for the individual industrial sectors , that no significant impact on installations exposed to a significant risk of carbon leakage is to be expected or where the commission proposes policy measures with a view to compensating the potential increase of indirect costs , the commission may , where appropriate , adapt the timetable for the period referred to in article 13 beginning on january 2013 for a maximum number of 900 million allowances . where the commission proposes to withhold a number of allowances it shall ensure that such allowances are re - introduced in a predictable manner . the commission shall make no more than one such adaptation until the year 2020 . 600 million of those allowances withheld shall be used for the promotion of demonstration projects for the reduction of co2 in the energy intensive sectors . for this purpose a fund based on the principle of the ner300 ) shall be developed . projects supported by this industrial innovation fund shall be selected no later than 31 december 2020 . for this purpose the commission decision 2010 / 670 / eu1 laying down criteria and measures for the financing of commercial demonstration projects shall be modified no later than 31 december 2015 . ____________ 1oj l 290 , 6 . 11 . 2010 , p . 39 .


### the commission shall , where appropriate , adapt the timetable for each period so as to ensure an orderly functioning of the market . ### the commission may , in exceptional circumstances , adapt the timetable for the period referred to in article 13 , beginning on 1 january 2013 , so as to ensure an orderly functioning of the market . the commission shall make no more than one such adaptation .


### the union may , through the cohesion fund , contribute to actions in pursuit of the union ' s environmental objectives specified in articles 11 and 191 of the treaty . ### the union may , through the cohesion fund , contribute to actions in pursuit of the union ' s environmental objectives specified in articles 11 and 191 of the treaty . in this context , the fund may also intervene in areas related to sustainable development which clearly present environmental benefits , namely energy efficiency and renewable energy and , in the transport sector outside the trans - european networks , rail , river and sea transport , intermodal transport systems and their interoperability , management of road , sea , river and air traffic , sustainable urban mobility and public transport .


### promoting the production and distribution of renewable energy sources ; ### promoting the production and further developing the infrastructural capacity for the distribution of renewable energy and of information technology ;


### supporting energy efficiency and renewable energy use in public infrastructures ; ### supporting energy efficiency and renewable energy use in public and private infrastructures ;


### supporting energy efficiency and renewable energy use in public infrastructures ; ### supporting energy efficiency and renewable energy use in the outermost regions and public infrastructures ;


### promoting low - carbon strategies for urban areas ; ### promoting low - carbon strategies and sustainable , smart and integrated energy action plans for urban areas , including the promotion of sustainable urban mobility , clean public transport and measures relevant to climate mitigation and adaptation ;


### improving the urban environment , including regeneration of brownfield sites and reduction of air pollution . ### improving the urban environment , including regeneration of brownfield sites and reduction of air and noise pollution .


### supporting a multi - modal single european transport area by investing in the trans - european transport network ; ### supporting a multi - modal single european transport area by investing in both core and comprehensive trans - european transport network ;


### 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 cohesion fund . ### enhancing institutional capacity and efficient public administration by providing technical assistance and fostering the efficiency of public administrations and public services with a view to an effective and transparent implementation of the cohesion fund .


### 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 cohesion fund . ### enhancing institutional capacity and an efficient public administration by strengthening of institutional capacity and the efficiency of public administration and public services .


### without prejudice to article 25 of regulation no [ hz ] of the european parliament and of the council* , the amounts of direct payments which may be granted in a member state in respect of calendar year 2014 under articles 34 , 52 , 53 and 68 of this regulation and for the aid to silkworm rearers under article 111 of regulation no 1234 / 2007 shall not be higher than the ceilings set out in annex viii to this regulation for that year . where necessary , and in order to comply with the ceilings set out in annex viii , member states shall make a linear reduction in the amounts of direct payments in respect of calendar year 2014 . ### without prejudice to article 25 of regulation no [ hz ] of the european parliament and of the council* , the amounts of direct payments which may be granted in a member state in respect of calendar year 2014 under articles 34 , 52 , 53 and 68 of this regulation and for the aid to silkworm rearers under article 111 of regulation no 1234 / 2007 shall not be higher than the ceilings set out in annex viii to this regulation for that year reduced by the amounts resulting from the application of article 136 for the budget year 2015 . where necessary , and in order to comply with the ceilings set out in annex viii , reduced by the amounts resulting from the application of article 136 for the budget year 2015 . member states shall make a linear reduction in the amounts of direct payments in respect of calendar year 2014 .


### the commission should have the power to adopt delegated acts in accordance with article 290 of the treaty in order to supplement or amend certain non - essential elements of regulation no 1290 / 2005 . the elements for which that power may be exercised and the conditions to which that delegation must be subject should be defined . ### in order to ensure the proper functioning of the regime established by this regulation , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission in respect of supplementing or amending certain non - essential elements of regulation no 1290 / 2005 . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level . the commission , when preparing and drawing up delegated acts , should ensure a simultaneous , timely and appropriate transmission of relevant documents to the european parliament and council .


### in order to guarantee a uniform application of regulation no 1290 / 2005 in all member states , the commission should be empowered to adopt implementing acts in accordance with article 291 of the treaty . the commission should adopt those implementing acts in accordance with the provisions of regulation no xxx / xxx of the european parliament and the council on1 . . . 1 oj l [ . . . ] , [ … ] , p . [ … ] . ### in order to ensure uniform conditions for the implementation of regulation no 1290 / 2005 , implementing powers should be conferred on the commission . those powers should be exercised in accordance with regulation no 182 / 2011 of the european parliament and the council of 16 february 2011 laying down the rules and general principles concerning mechanisms for control by member states of the commission ' s exercise of implementing powers1 1 oj l 55 , 28 . 2 . 2011 , p . 13


### if by 30 june in any year the council has not set the adjustments referred to in article 11 of council regulation no 73 / 2009* , the commission shall set those adjustments by implementing act in accordance with the procedure referred to in article 42d of this regulation and shall inform the council of them immediately . ### if by 30 june in any year the adjustments referred to in article 11 of council regulation no 73 / 2009* have not been set , the commission shall set them by implementing act and shall inform the european parliament and the council of them immediately . those implementing acts shall be adopted in accordance with the procedure referred to in article 42d .


### if , on drawing up the draft budget for financial year n , there appears to be a risk that the net balance referred to in article 12 for financial year n will be exceeded , taking account of the margin provided for in article 11 of regulation no 73 / 2009 , the commission shall propose to the council the measures necessary , including those required under article 11 of regulation no 73 / 2009 . ### if , on drawing up the draft budget for financial year n , there appears to be a risk that the net balance referred to in article 12 for financial year n will be exceeded , taking account of the margin provided for in article 11 of regulation no 73 / 2009 , the commission shall propose the measures necessary , including those required under article 11 of regulation no 73 / 2009 .


### at any time , if the commission considers that there is a risk of the net balance referred to in article 12 being exceeded and that it cannot take adequate measures to remedy the situation under its powers , it shall propose other measures to ensure compliance with that balance . these measures shall be adopted by the council or the european parliament and the council . ' ### at any time , if the commission considers that there is a risk of the net balance referred to in article 12 being exceeded and that it cannot take adequate measures to remedy the situation under its powers , it shall propose other measures to ensure compliance with that balance . these measures shall be adopted in accordance with article 43 tfeu . '


### the following articles 42a , 42b , 42c and 42d are inserted : the powers to adopt the delegated acts referred to in this regulation shall be conferred on the commission for an indeterminate period of time . 2 . as soon as it adopts a delegated act , the commission shall simultaneously notify the european parliament and the council that it has done so . 3 . the power to adopt delegated acts shall be conferred on the commission subject to the conditions laid down in articles 42b and 42c . ### the following articles 42a and 42d are inserted : the power to adopt delegated acts is conferred on the commission subject to the conditions laid down in this article . 3 . the delegation of power referred to in articles 6 , 6 , 7 , 9 , 16 , 31 , 35a , 35a , in article 37a and in article 40a of this regulation shall be conferred on the commission for a period of five years from …* . the commission shall draw up a report in respect of the delegation of power not later than nine months before the end of this five years period . the delegation of power shall be tacitly extended for periods of an identical duration , unless the european parliament or the council opposes such extension not later than three months before the end of each period . 3a . the delegation of power 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 . 3b . as soon as it adopts a delegated act , the commission shall notify it simultaneously to the european parliament and to the council . 3c . a delegated act adopted pursuant to this regulation shall enter into force only if no objection has been expressed either by the 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 . * date of entry into force of this regulation .


### the commission shall be assisted by the committee on the agricultural funds . 2 . when implementing acts are adopted pursuant to this paragraph , article [ 5 ] of regulation no [ xxxx / yyyy ] of the tfeu , currently the subject of discussion by the european parliament and the council ) shall apply . 3 . when implementing acts are adopted pursuant to this paragraph , article [ 4 ] of regulation no [ xxxx / yyyy ] of the tfeu , currently the subject of discussion by the european parliament and the council ) shall apply . . ' ### the commission shall be assisted by the committee on the agricultural funds . that committee shall be a committee within the meaning of regulation no 1802 / 2011* . 2 . where reference is made to this paragraph , article 5 of regulation no 182 / 2011 shall apply . 3 . where reference is made to this paragraph , article 4 of regulation no 182 / 2011 shall apply . __________________ * oj l 55 , 28 . 2 . 2011 , p . 13 .


### the sia should define long - term priory fields for the european institute of innovation and technology and include an assessment of its economic impact and capacity to generate best innovation added - value . the sia should take into account the results of the monitoring and evaluation of the eit . ### the sia should define long - term priory fields for the european institute of innovation and technology promoting excellence and wide participation across the eu , and include an assessment of its economic impact and capacity to generate best innovation added - value . the sia should take into account the results of the monitoring and evaluation of the eit .


### in a rapidly changing world , europe ' s pathway to the future rests on growth which is smart , sustainable and inclusive . to achieve this goal and to remain competitive in the global knowledge economy , the ' knowledge triangle ' of research , education and innovation and the interaction between these three sides have been recognised as key driving forces . the european union has acted accordingly and identified these fields as policy priorities in its europe 2020 strategy . these priorities are notably implemented through the flagship initiatives ' innovation union ' and ' youth on the move ' , which form the overarching policy framework for eu actions in these fields . they are complemented by the flagship initiatives on an ' integrated industrial policy for the globalisation era ' and on a ' resource - efficient europe ' . the european institute of innovation and technology will fully contribute to achieving the goals of these flagship initiatives . ### in a rapidly changing world , europe ' s pathway to the future rests on growth which is smart , sustainable and inclusive . to achieve this goal and to remain competitive in the global knowledge economy , the ' knowledge triangle ' of research , education and innovation and the interaction between these three sides have been recognised as key driving forces . the european union has acted accordingly and identified these fields as policy priorities in its europe 2020 strategy . these priorities are notably implemented through the flagship initiatives ' innovation union ' and ' youth on the move ' , which form the overarching policy framework for eu actions in these fields . they are complemented by the flagship initiatives on an ' integrated industrial policy for the globalisation era ' , on a ' digital agenda for europe ' , on a ' resource - efficient europe ' and on an ' agenda for new skills and jobs ' . the european institute of innovation and technology will fully contribute to achieving the goals of these flagship initiatives .


### the eit has been set up precisely to this end – to contribute to sustainable economic growth and competitiveness by reinforcing the innovation capacity of the union and its member states . by fully integrating the knowledge triangle of higher education , research and innovation , the institute will strongly contribute to tackling societal challenges under horizon 2020 and bring about systemic change in the way european innovation players collaborate . ### the eit has been set up precisely to this end – to contribute to sustainable economic growth and competitiveness by reinforcing the innovation and enterpreneurial capacity of the union and its member states and boost its potential to convert outputs from research and innovation into high value products and services . by fully integrating the knowledge triangle of higher education , research and innovation , the institute will strongly contribute to tackling societal challenges under horizon 2020 and bring about systemic change in the way european innovation players collaborate .


### to achieve this goal , the eit combines strategic orientation at eit level with a bottom up approach through its knowledge and innovation communities . kics are highly integrated partnerships , bringing together excellent universities , research centres , small and large companies and other innovation actors on a long - term basis around specific societal challenges . each kic is organized around a small number of interconnected co - location centres where partners work closely together on a daily basis and with an unprecedented degree of common strategic objectives . co - location centres build on existing centres of excellence , developing them further into local innovation ecosystems and linking them together into a broader network of innovation nodes across europe . within the eit framework , the individual kics have been given a large degree of autonomy in defining their internal organisation , composition , agenda and working methods , allowing them to choose the approach that is best suited to meet their objectives . at strategic level , the eit organizes the selection process of kics , coordinates them with a flexible framework and disseminates their best governance and funding models . ### to achieve this goal , the eit combines strategic orientation at eit level with a bottom up approach through its knowledge and innovation communities . kics are highly integrated europe - wide partnerships , bringing together excellent universities , research centres , small and large companies and other innovation actors on a long - term basis around specific societal challenges . each kic is organized around a small number of interconnected co - location centres where partners work closely together on a daily basis and with an unprecedented degree of common strategic objectives . co - location centres build on existing centres of excellence , developing them further into local innovation ecosystems and linking them together into a broader network of innovation nodes across europe . within the eit framework , the individual kics have been given a large degree of autonomy in defining their internal organisation , composition , agenda and working methods , allowing them to choose the approach that is best suited to meet their objectives . the eit should act as a role model across europe for effective and light - touch governance . at strategic level , the eit organizes the selection process of kics , according to the thematic areas approved by the european parliament and the council , and coordinates them with a flexible framework and disseminates their best governance and funding models .


### the set - up of the kics as single legal entities led by a chief executive officer provides a clear departure from a traditional multi - beneficiaries approach . moreover , all kics follow business logic for the strategic planning of their activities , and all kics have implemented the co - location concept : bringing diverse teams together in one physical place , acting as a clearing house for many kic activities , and combining competences and skills developed in different areas of specialisation at pan - european level . ### the set - up of the kics as single legal entities led by a chief executive officer provides a clear departure from a traditional multi - beneficiaries approach . moreover , all kics follow business logic for the strategic planning of their activities , and all kics have implemented the co - location concept : bringing diverse teams together in one physical place , acting as a clearing house for many kic activities , and combining competences and skills developed in different areas of specialisation at pan - european level . kics should be able to mobilise investments and long term commitments from the business sector .


### 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 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 . a coordination mechanism between the eit and the other activities under horizon 2020 shall be implemented .


### moreover , there are opportunities for mutually reinforcing interaction with the union ' s cohesion policy by addressing the linkages between the local and global aspects of innovation . co - location centres provide for cross - border collaboration and are well positioned to capitalise on various funding schemes from their respective regions . the co - location centres play a major role in strengthening the local - global connectivity of the kic as a whole , including through close co - operation with regional authorities , in particular those involved in designing and delivering the regional innovation strategies for smart specialisation . furthermore , linkages between kics and local cluster organisations could be strengthened to increase the involvement of smes in the activities of the kics . while opportunities for synergies differ depending on the thematic area of a kic , a number of initiatives and programmes at eu level seem particularly prone to offering benefits from cooperation and coordination . as the very concept of the eit / kics rests on adding value to existing european excellence , the kics – present and future – will by definition seek to explore these synergies to a maximum . kics will add value to initiatives that may exist in the relevant areas , including joint programming initiatives , european innovation partnerships and public private partnerships . ### moreover , there are opportunities for mutually reinforcing interaction with the union ' s cohesion policy by addressing the linkages between the local and global aspects of innovation . one of the key roles of the eit kics is to support regions in „smart specialization” and „stairway to excellence” process activities that will give the opportunity to actors from all regions of europe to benefit from and participate in the eit . co - location centres provide for cross - border collaboration and are well positioned to capitalise on various funding schemes from their respective regions . the co - location centres play a major role in strengthening the local - global connectivity of the kic as a whole , including through close co - operation with regional authorities , in particular those involved in designing and delivering the regional innovation strategies for smart specialisation . furthermore , linkages between kics and local cluster organisations could be strengthened to increase the involvement of smes in the activities of the kics . the emerging concepts of regional innovation and implementation communities from the kics provide a model which can effectively contribute to connectivity and linkages to the cohesion policy and its funding instruments . while opportunities for synergies differ depending on the thematic area of a kic , a number of initiatives and programmes at eu level seem particularly prone to offering benefits from cooperation and coordination . as the very concept of the eit / kics rests on adding value to existing european excellence , the kics – present and future – will by definition seek to explore these synergies to a maximum . kics will add value to initiatives that may exist in the relevant areas , including joint programming initiatives , european innovation partnerships and public private partnerships .


### in practice , opportunities for synergies will materialise in different ways , from kic to kic and challenge to challenge . today , linkages are being developed at kic level with other initiatives , varying according to the specificities of each kic and its thematic area . ### in practice , opportunities for synergies will materialise in different ways , from kic to kic and challenge to challenge . today , linkages are being developed at kic level with other initiatives , varying according to the specificities of each kic and its thematic area . in addition , the eit should foster synergies and interaction of the kics across the pillars in horizon 2020 and with other initiatives , while taking due note of the risk of overlaps .


### the ' eit investor ' approach stands for a focus on identifying best strategic opportunities and selecting a portfolio of world - class partnerships – the kics – to deliver on these . as part of this approach , the eit awards the annual grants to the kics based on their past performance and proposed activities in their business plan . the assessment of the business plans will be supported by external , independent experts . in this perspective , the eit should not only set out broad directions and visions , but needs to provide kics with an appropriate level of support and monitor their performance . at the same time , kics are given a substantial degree of leeway to define their internal strategies and organisation as well as to deliver their activities and mobilise the talent and resources needed . ### the ' eit investor ' approach stands for a focus on identifying best strategic opportunities and selecting a portfolio of world - class partnerships – the kics – to deliver on these . as part of this approach , the eit awards the annual grants to the kics based on their past performance and proposed activities in their business plan . the assessment of the business plans will be supported by external , independent experts . in this perspective , the eit should not only set out broad directions and visions , but needs to provide kics with an appropriate level of support and monitor and report about their performance without being excessively detailed and without causing any additional administrative burdens . at the same time , kics are given a substantial degree of leeway to define their internal strategies and organisation as well as to deliver their activities and mobilise the talent and resources needed .


### an important element in this regard is also the development , together with the kics , of a true eit ' corporate identity ' around a set of shared values . while all kics and their individual partners do have their own corporate identities and values , they all share values that bring the eit / kics community together . they are : excellence across the knowledge triangle ; skilled and entrepreneurial people ; long - term collaboration across borders , disciplines and sectors ; and the focus on societal and economic impact . such an identity will also enhance the external visibility and reputation of the eit and kics . ### an important element in this regard is also the development , together with the kics , of a true eit ' corporate identity ' around a set of shared values . while all kics and their individual partners do have their own corporate identities and values , they all share values that bring the eit / kics community together . they are : excellence across the knowledge triangle ; opportunities for involvement of all members states ; skilled and entrepreneurial people ; long - term collaboration across borders , disciplines and sectors ; and the focus on societal and economic impact . such an identity will also enhance the external visibility and reputation of the eit and kics .


### encourage kics to develop a greater variety of educational and training activities . ### encourage kics to develop a greater variety and provide advice about educational and training activities across the whole eu .


### the following thematic areas have been identified as those where the establishment of a new kic has greatest potential to add value to existing activities and bring about a real boost to innovation : ### the following indicative thematic areas have been identified as those where the establishment of a new kic has greatest potential to add value to existing activities and bring about a real boost to innovation :


### the commission has reinforced its efforts in supporting the eit towards establishing a sound and solid results - oriented monitoring system . this monitoring system will ensure full accountability of the eit and the kics , quality of the deliverables , the contribution to horizon 2020 priorities , and at the same time allow for sufficient flexibility in the kics ' business dynamics . it will allow the eit to develop a solid capacity for gathering and analysing the input from the kics , to measure the performance of the eit against its own objectives and to benchmark eit and kics against best practices at european and global level . the system will be designed in a flexible manner and if needed adjusted to take into account the eit ' s and kics ' evolving and growing portfolio of activities . following the recommendation of the independent external evaluation and the overarching monitoring provisions under horizon 2020 , the commission has proposed , in association with the eit and the kics , the establishment of a results - orientated performance monitoring system for the eit , addressing four activity levels : ### the commission has reinforced its efforts in supporting the eit towards establishing a sound and solid results - oriented monitoring system . this monitoring system will ensure full accountability of the eit and the kics , quality of the deliverables , the contribution to horizon 2020 priorities , and at the same time allow for sufficient flexibility in the kics ' business dynamics and openness to new ideas and partners . it will allow the eit to develop a solid capacity for gathering and analysing the input from the kics , to measure the performance of the eit against its own objectives and to benchmark eit and kics against best practices at european and global level . the system will be designed in a flexible manner and if needed adjusted to take into account the eit ' s and kics ' evolving and growing portfolio of activities . following the recommendation of the independent external evaluation and the overarching monitoring provisions under horizon 2020 , the commission has proposed , in association with the eit and the kics , the establishment of a results - orientated performance monitoring system for the eit , addressing four activity levels :


### interactions between the eit and the kics not only provide the framework for kics to operate successfully , but are also at the core of the mutual learning process enabling the eit to play its role as a test bed for new innovation models . in order to provide kics with appropriate framework conditions , clear and coherent guidance must be given by the eit at all stages of the process without at the same time being overly prescriptive . interactions between eit headquarters and the kics need to be systematic and trust - based in order to achieve maximum efficiency . both the contractual relations between the eit and the kics as well as the organisational arrangements of the eit headquarters should contribute thereto . ### interactions between the eit and the kics not only provide the framework for kics to operate successfully , but are also at the core of the mutual learning process enabling the eit to play its role as a test bed for new innovation models . in order to provide kics with appropriate framework conditions , clear and coherent guidance must be given by the eit at all stages of the process without at the same time being overly prescriptive . this guidance could in particular cover management of kics and cooperation with their partners . interactions between eit headquarters and the kics need to be systematic , transparent and trust - based in order to achieve maximum efficiency . both the contractual relations between the eit and the kics as well as the organisational arrangements of the eit headquarters should contribute thereto .


### moreover , active consultation with other eu institutions , in particular with relevant services of the commission , from early on in the process will help to maximise synergies and mutual learning with other eu initiatives . ### moreover , active consultation with other eu institutions from early on in the process will help to maximise synergies and mutual learning with other eu initiatives . the eit will engage into a regular dialogue with the european parliament and with the relevant services of the commission .


### the internal market comprises an area without internal frontiers in which the free movement of goods , persons , services and capital must be ensured . to that end a comprehensive union type - approval system for motor vehicles is in place . the technical requirements for the type - approval of motor vehicles and their exhaust systems with regard to permissible sound levels should be harmonised to avoid the adoption of requirements that differ from one member state to another and to ensure the proper functioning of the internal market while , at the same time , providing for a high level of environmental protection and public safety . ### the internal market comprises an area without internal frontiers in which the free movement of goods , persons , services and capital must be ensured . to that end a comprehensive union type - approval system for motor vehicles is in place . the technical requirements for the type - approval of motor vehicles and their exhaust systems with regard to permissible sound levels should be harmonised to avoid the adoption of requirements that differ from one member state to another and to ensure the proper functioning of the internal market while , at the same time , providing for a high level of environmental protection and public safety . the commission should also undertake an impact assessment regarding the labelling conditions applicable to air and noise pollution levels . this impact assessment should take into consideration the different types of vehicles covered by this regulation as well as the effect that such labelling could have on the car industry . in fact , while such labelling could be considered a useful tool for raising awareness among consumers and protecting their rights as regards transparency prior to the purchase of a vehicle , it could seriously and adversely affect the car industry on cost grounds . the impact assessment should therefore evaluate the cost - effectiveness of this tool .


### this regulation should therefore introduce a different method in relation to the compulsory one of directive 70 / 157 / eec . that method should be based on the method published by the unece working party on noise in 2007 which incorporated a 2007 version of the standard iso 362 . the results of monitoring of both the old and the new test methods were submitted to the commission . ### this regulation should therefore introduce a different method in relation to the compulsory one of directive 70 / 157 / eec . that method should be based on the method published by the unece working party on noise in 2007 which incorporated a 2007 version of the standard iso 362 . the results of monitoring of both the old and the new test methods were submitted to the commission . furthermore , in order to overcome the shortcomings inherent in the previous test method , the commission should , within 24 months of the entry into force of this regulation , submit an impact assessment to the european parliament and to the council on the effective contribution of tyre rolling equipment in reducing the noise level of vehicles , focussing on the road surface impact , and the research needs in this specific field , in view of adopting a new european test method which also takes into account road surface behaviour .


### ‘ vehicle type’ means a set of vehicles as defined in annex ii part b to directive 2007 / 46 / ec . ### ‘ vehicle type’ means : for vehicles , tested according to annex ii , paragraph 4 . 1 . 2 . 1 a set of vehicles as defined in annex ii part b to directive 2007 / 46 / ec ; for vehicles , tested according to annex ii , paragraph 4 . 1 . 2 . 2 a set of vehicles which do not essentially differ in such respects as : – the shape or materials of the bodywork ; – the type of engine , number and capacity of cylinders , type of injection system , arrangement of valves , rated engine speed , or the type of electric motor . – vehicles having the same type of engine and / or different overall gear ratios , may be regarded as vehicles of the same type . however , if the above differences provide for a different test method , these differences are to be considered as a change of type .


### ‘ vehicle type’ means a set of vehicles as defined in annex ii part b to directive 2007 / 46 / ec . ### ‘ vehicle type’ means : for vehicles , tested in accordance with annex ii , paragraph 4 . 1 . 2 . 1 , a set of vehicles as defined in annex ii part b to directive 2007 / 46 / ec ; for vehicles , tested in accordance with annex ii , paragraph 4 . 1 . 2 . 2 , a set of vehicles which do not essentially differ in such respects as : – the shape or materials of the bodywork ; – the type of engine , number and capacity of cylinders , type of injection system , arrangement of valves , rated engine speed , or the type of electric motor ; – vehicles having the same type of engine and / or different overall gear ratios , may be regarded as vehicles of the same type . however , if the above differences provide for a different test method , these differences are to be considered as a change of type .


### within three years following the date referred to in annex iii , third column , phase 1 , to this regulation , the commission shall carry out a detailed study to ascertain whether the noise limits prove to be appropriate . on the basis of the conclusions of the study , the commission may , where appropriate , present proposals for amendment to this regulation . ### following the date referred to in annex iii , third column , phase 1 , to this regulation , the commission shall complete a review of the noise limits in annex iii . the review shall include an impact assessment which includes an overall assessment of the impact on the car industry and its in particular its dependent industries , taking into account the influence of other regulations - such as those in the field of co2 emissions reductions and safety - on the sound level of motor vehicles . on the basis of such a review and its impact assessment , the commission shall , if appropriate , make a proposal to amend this regulation in a way that is as neutral as possible from the point of view of competition . the limit values referred to in annex iii , column 4 phase 2 , shall enter into force six years after confirmation of the impact assessment and completion of the review process of the commission .


### within three years following the date referred to in annex iii , third column , phase 1 , to this regulation , the commission shall carry out a detailed study to ascertain whether the noise limits prove to be appropriate . on the basis of the conclusions of the study , the commission may , where appropriate , present proposals for amendment to this regulation . ### following the date referred to in annex iii , third column , phase 1 , to this regulation , the commission shall complete a review of the noise limits in annex iii . the review shall include an impact assessment which includes an overall assessment of the impact on the car industry and its dependent industries taking into account in particular the influence of other regulations - such as those in the field of co2 emissions reductions and safety - on the sound level of motor vehicles . on the basis of such a review and its impact assessment , the commission shall , if appropriate , make a proposal to amend this regulation in a way that is as neutral as possible from the point of view of competition . the limit values referred to in annex iii , column 4 phase 2 , shall enter into force six years after confirmation of the impact assessment and completion of the review process of the commission .


### where manufacturers choose to install an avas in vehicles , the requirements of annex x shall be fulfilled . ### where manufacturers choose to install an avas in vehicles , manufacturers shall ensure that the sound to be generated by the avas should be a continuous sound that provides information to the pedestrians and vulnerable road users of a vehicle in operation . the sound should be easily indicative of vehicle behaviour and should not exceed the approximate sound level of a similar vehicle of the same category equipped with an internal combustion engine and operating under the same conditions and the requirements of annex x shall be fulfilled .


### one vehicle has to be chosen and subjected to the tests set out in point 2 . if the test results fulfil the cop requirements of annex x of directive 2007 / 46 / ec , the vehicle shall be considered to be in compliance with the cop provisions . ### one vehicle has to be chosen and subjected to the tests set out in point 2 . if the test results fulfil the cop requirements of annex x of directive 2007 / 46 / ec , the vehicle shall be considered to be in compliance with the cop provisions . for the cop requirements the limit values of annex iii are fulfilled if the limit values of annex iii are complied with an additional margin of 1 db .


### acoustic vehicle alerting system is a sound generating device designed to inform pedestrians and vulnerable road users . ### acoustic vehicle alerting system is a system for hybrid electric and electric road transport vehicles which provide vehicle operation information to pedestrians and vulnerable road users .


### the sound to be generated by the avas should be a continuous sound that provides information to the pedestrians and vulnerable road users of a vehicle in operation . however , the following and similar types of sounds are not acceptable : siren , horn , chime , bell and emergency vehicle sounds alarm sounds e . g . fire , theft , smoke alarms intermittent sound the following and similar types of sounds should be avoided : melodious sounds , animal and insect sounds sounds that confuse the identification of a vehicle and / or its operation ### the sound to be generated by the avas should be a continuous sound that provides information to the pedestrians and vulnerable road users of a vehicle in operation . the sound should be easily indicative of vehicle behaviour and should sound similar to the sound of a vehicle of the same category equipped with an internal combustion engine .


### major accidents can have consequences beyond frontiers , and the ecological and economic cost of an accident is borne not only by the establishment affected but also by the member state concerned . it is therefore necessary to take measures ensuring a high level of protection throughout the union . ### major accidents can have consequences beyond frontiers , and the ecological and economic cost of an accident is borne not only by the establishment affected but also by the member state concerned . it is therefore necessary to take measures ensuring a high level of protection throughout the union . member states should exchange information on potential major - accident hazards with cross - border consequences and cooperate in the event of major emergencies with cross - border consequences .


### operators should have a general obligation to take all necessary measures to prevent major accidents and to mitigate their consequences . where dangerous substances are present in establishments above certain quantities the operator should provide the competent authority with sufficient information to enable it to identify the establishment , the dangerous substances present and the potential dangers . the operator should also draw up and send to the competent authority a major - accident prevention policy setting out the operator ' s overall approach and measures , including appropriate safety management systems , for controlling major - accident hazards . ### operators should have a general obligation to take all necessary measures to prevent major accidents , to mitigate their consequences and to take recovery measures . where dangerous substances are present in establishments above certain quantities the operator should provide the competent authority with sufficient information to enable it to identify the establishment , the dangerous substances present and the potential dangers . the operator should also draw up and send to the competent authority a major - accident prevention policy setting out the operator ' s overall approach and measures , including appropriate safety management systems , for controlling major - accident hazards .


### in order to promote access to information on the environment , in accordance with the aarhus convention on access to information , public participation in decision - making and access to justice in environmental matters , which was approved on behalf of the union by council decision 2005 / 370 / ec of 17 february 2005 on the conclusion , on behalf of the european community , of the convention on access to information , public participation in decision - making and access to justice in environmental matters , the level and quality of information to the public should be improved . in particular , persons likely to be affected by a major accident should be given sufficient information to inform them of the correct action to be taken in that event . in addition to providing information in an active way , without the public having to submit a request , and without precluding other forms of dissemination , it should also be made available permanently and kept up to date on the internet . at the same time there should be appropriate confidentiality safeguards , to address security - related concerns , among others . ### in order to promote access to information on the environment , in accordance with the aarhus convention on access to information , public participation in decision - making and access to justice in environmental matters , which was approved on behalf of the union by council decision 2005 / 370 / ec of 17 february 2005 on the conclusion , on behalf of the european community , of the convention on access to information , public participation in decision - making and access to justice in environmental matters , the level and quality of information to the public should be improved . in particular , persons likely to be affected by a major accident should be given sufficient information to inform them of the correct action to be taken in that event . information disseminated to the public should be worded clearly and intelligibly . in addition to providing information in an active way , without the public having to submit a request , and without precluding other forms of dissemination , it should also be made available permanently and kept up to date on the internet . at the same time there should be appropriate confidentiality safeguards , to address security - related concerns , among others .


### in order to provide for information exchange and to prevent future accidents of a similar nature , member states should forward information to the commission regarding major accidents occurring in their territory , so that the commission can analyze the hazards involved , and operate a system for the distribution of information concerning , in particular , major accidents and the lessons learned from them . this information exchange should also cover ' near misses ' which member states regard as being of particular technical interest for preventing major accidents and limiting their consequences . ### in order to provide for information exchange and to prevent future accidents of a similar nature , member states should forward information to the commission regarding major accidents occurring in their territory , so that the commission can analyze the hazards involved , and operate a system for the distribution of information concerning , in particular , major accidents and the lessons learned from them . this information exchange should also cover ' near misses ' which member states regard as being of particular technical interest for preventing major accidents and limiting their consequences . member states and the commission should strive to ensure the completeness of information held on information systems established in order to facilitate the exchange of information on major accidents .


### the commission should be empowered to adopt delegated acts in accordance with article 290 of the treaty in respect of the adoption of criteria for derogations and amendments to the annexes of this directive . ### the commission should be empowered to adopt delegated acts in accordance with article 290 of the treaty in respect of the amendments to annexes ii to vi of this directive . the commission , when preparing and drawing up delegated acts , should ensure the simultaneous , timely and appropriate transmission of relevant documents to the european parliament and to the council . it is of particular importance that the commission carry out appropriate and transparent consultations during its preparatory work , including consultations with experts , well in advance .


### where it is demonstrated , on the basis of the criteria referred to in paragraph 4 of this article , that particular substances covered by parts 1 or 2 of annex i are incapable of creating a major accident hazard , in particular due to their physical form , properties , classification , concentration or generic packaging , the commission may list those substances in part 3 of annex i by delegated acts in accordance with article 24 . ### where it is demonstrated , on the basis of the criteria referred to in paragraph 4 of this article , that particular substances covered by parts 1 or 2 of annex i are incapable of creating a major accident hazard , in particular due to their physical form , properties , classification , concentration or generic packaging , the commission may submit a legislative proposal to list those substances in part 3 of annex i .


### by 30 june 2013 , the commission shall adopt delegated acts in accordance with article 24 , to establish criteria to be used for the purposes of paragraphs 1 and 3 of this article respectively , and to amend annex vii accordingly . ### by 30 june 2013 , the commission shall submit a legislative proposal to establish criteria to be used for the purposes of paragraphs 1 and 3 of this article respectively , and to amend annex vii accordingly .


### where appropriate , the commission may list the substances referred to in the first subparagraph of this paragraph in part 1 or part 2 of annex i by delegated acts in accordance with article 24 . ### where appropriate , the commission may submit a legislative proposal to list the substances referred to in part 1 or part 2 of annex i .


### the quantity and physical form of the dangerous substance or substances involved ; ### the quantity , nature and physical form of the dangerous substance or substances involved ;


### in the event of the modification of an installation , establishment , storage facility , or process or of the nature or quantity of dangerous substances which could have significant repercussions on major - accident hazards , the member states shall ensure that the operator : ### in the event of the modification of an installation , establishment , storage facility , or process or of the nature or physical form or quantity of dangerous substances which could have significant repercussions on major - accident hazards , the member states shall ensure that the operator :


### member states shall ensure that the information referred to in annex v is permanently available to the public , including in an electronic format . the information shall be reviewed and where necessary updated at least once a year . ### member states shall ensure that the information referred to in annex v is permanently available to the public , including in an electronic format . this information shall be worded clearly and in a way that is intelligible to the public . the information shall be reviewed and where necessary updated at least once a year .


### all persons liable to be affected by a major accident receive regularly and in the most appropriate form , without their having to request it , information on safety measures and requisite behaviour in the event of an accident ; ### all persons liable to be affected by a major accident receive regularly and in the most appropriate form , without their having to request it , information on safety measures and requisite behaviour in the event of an accident . this information should be worded clearly and in a way that is intelligible to the public ;


### the information to be supplied under point of this paragraph shall include at least the information referred to in annex v . that information shall likewise be supplied to all establishments serving the public , including schools and hospitals , and to all neighbouring establishments in the case of establishments covered by article 8 . member states shall ensure that the information is supplied and that it is periodically reviewed and updated at least every five years . ### the information to be supplied under point of this paragraph shall include at least the information referred to in annex v . that information shall likewise be supplied to all establishments serving the public , including pre - school facilities , schools and hospitals , other public amenities , and all neighbouring establishments in the case of establishments covered by article 8 . member states shall ensure that the information is supplied and that it is periodically reviewed and updated at least every five years . this information shall be updated in particular in the event of changes as referred to in article 10 of this directive .


### without prejudice to article 4 , in order to adapt annexes i to vii to technical progress , the commission shall adopt delegated acts in accordance with article 24 . ### without prejudice to article 4 , in order to adapt annexes i to vii to technical progress , the commission shall be empowered to adopt delegated acts in accordance with article 24 . within six months of the adoption of an act adapting regulation no 1272 / 2008 to technical progress , the commission shall consider whether annex i also needs to be adapted in the light of a substance potentially posing a greater accident hazard and of the criteria for application of article 4 .


### without prejudice to article 4 , in order to adapt annexes i to vii to technical progress , the commission shall adopt delegated acts in accordance with article 24 . ### in order to adapt annexes ii to vi to technical progress , the commission shall adopt delegated acts in accordance with article 24 .


### the powers to adopt the delegated acts referred to in articles 4 and 23 shall be conferred on the commission for an indeterminate period of time . ### the power to adopt the delegated acts referred to in article 23 shall be conferred on the commission for an indeterminate period of time .


### the decision of revocation shall put an end to the delegation of the powers specified in that decision . it shall take effect immediately or at a later date specified therein . it shall not affect the validity of the delegated acts already in force . it shall be published in the official journal of the european union . ### the decision of revocation shall put an end to the delegation of the powers specified in that decision . it shall take effect on the day following that of its publication in the official journal of the european union or at a later date specified therein . it shall not affect the validity of the delegated acts already in force .


### the european parliament and the council may object to the delegated act within a period of two months from the date of notification . at the initiative of the european parliament or the council this period shall be extended by one month . ### the european parliament and the council may object to the delegated act within a period of two months from the date of notification . at the initiative of the european parliament or the council this period shall be extended by two months .


### these procedures and conditions should be clear , simple , user - friendly and proportionate to the nature of the citizens’ initiative . ### the procedures and conditions governing the citizens’ initiative should be clear , simple , user - friendly and proportionate to its nature , they should also strike a reasonable balance between rights and obligations .


### it is necessary to establish the minimum number of member states from which citizens must . in order to ensure that a citizens’ initiative is representative of a union interest , this number should be set at one third of member states . ### it is necessary to establish a minimum number of member states from which citizens must come . in order to ensure that a citizens’ initiative is representative of a union interest , this number should be set at one fifth of member states .


### in order to ensure coherence and transparency in relation to proposed citizens ' initiatives , it should be mandatory to register such initiatives on a website made available by the commission prior to collecting the necessary statements of support from citizens ; proposals that are abusive or devoid of seriousness should not be registered and the commission should reject the registration of proposals which would be manifestly against the values of the union . the commission should deal with registration in accordance with the general principles of good administration . ### in order to ensure coherence and transparency in relation to proposed citizens ' initiatives , it should be mandatory to register such initiatives on a website made available by the commission prior to collecting the necessary statements of support from citizens ; proposals that are abusive or devoid of seriousness should not be registered and the commission should reject the registration of proposals which would be manifestly against the values of the union . the commission should deal with registration in accordance with the general principles of good administration and the provisions of this regulation . the commission should justify with legal arguments the rejection of the registration of a proposed initiative .


### in order to ensure coherence and transparency in relation to proposed citizens ' initiatives , it should be mandatory to register such initiatives on a website made available by the commission prior to collecting the necessary statements of support from citizens ; proposals that are abusive or devoid of seriousness should not be registered and the commission should reject the registration of proposals which would be manifestly against the values of the union . the commission should deal with registration in accordance with the general principles of good administration . ### in order to ensure coherence and transparency in relation to proposed citizens ' initiatives and to avoid a situation in which signatures are collected for a proposal which does not fall within the scope of this regulation , it should be mandatory to register such initiatives on a website made available by the commission prior to collecting the necessary statements of support from citizens . proposals that are not citizens ' initiatives within the meaning of this regulation should not be registered . registration is an administrative procedure aimed at selecting those initiatives that fall within the scope of this regulation ; therefore any refusal of registration should be based only on legal grounds and not , on any account , on grounds of political expediency . the commission should deal with registration in accordance with the general principles of good administration , and should therefore be obliged to inform the organisers of an initiative of the reasons for any refusal to register that initiative and of all possible judicial and extrajudicial remedies available to them . it should also be made clear by the commission that registration and the collection of the required number of statements of support will not necessarily result in the commission adopting a proposal for a legal act and that the registration of an initiative does not constitute a formal decision on competence issues .


### it is appropriate to provide for statements of support to be collected in paper form as well as online . online collection systems should have adequate security features in place in order to ensure , inter alia , that the person can be identified and that the data are securely stored . for this purpose , the commission should be required to set out detailed technical specifications for online collection systems . ### in order to put modern technology to good use as a tool of participatory democracy , it is appropriate to provide for statements of support to be collected online as well as in paper form . both collection systems should , in a comparable manner , have adequate security features in place in order to ensure , inter alia , that one and the same person signs only once and that the data are securely stored . the detailed technical specifications of the on - line collection systems should be worked out at an expert level and be regularly adapted to technical developments ; the power to adopt detailed technical specifications for online collection systems should therefore be delegated to the commission .


### it is appropriate to provide for statements of support to be collected in paper form as well as online . online collection systems should have adequate security features in place in order to ensure , inter alia , that the person can be identified and that the data are securely stored . for this purpose , the commission should be required to set out detailed technical specifications for online collection systems . ### in order to put modern technology to good use as a tool of participatory democracy , it is appropriate to provide for statements of support to be collected online as well as in paper form . online collection systems should have adequate security features in place in order to ensure , inter alia , that the person signs only once and that the data are securely stored . the detailed technical specifications should be worked out at an expert level and be regularly adapted to technical developments ; the power to adopt detailed technical specifications for online collection systems should therefore be delegated to the commission .


### it is appropriate to provide that , where a citizens ' initiative has received the necessary statements of support from signatories and provided it is considered admissible , each member state should be responsible for the verification and certification of statements of support collected from citizens coming from that state . taking account of the need to limit the administrative burden for member states , they should , within a period of three months , carry out such verifications on the basis of appropriate checks and should issue a document certifying the number of valid statements of support received . ### it is appropriate to provide that , where a citizens ' initiative has received the necessary statements of support from signatories and provided it is considered admissible , each member state should be responsible for the verification and certification of statements of support collected from citizens coming from that state . with online collections of signatures , an additional check of the validity of signatures , besides the technical verification , is needed . taking account of the need to limit the administrative burden for member states , they should , within a period of three months , carry out such verifications on the basis of appropriate checks and should issue a document certifying the number of valid statements of support received .


### prior to initiating the collection of statements of support from signatories for a proposed citizens ' initiative , the organiser shall be required to register it with the commission , providing the information set out in annex ii , in particular on the subject - matter and objectives as well as on the sources of funding and support for the proposed citizens ' initiative . this information shall be provided in one of the official languages of the union , in an online register made available for that purpose by the commission . ### prior to initiating the collection of statements of support from signatories for a proposed citizens ' initiative , the organisers shall be required to register it with the commission , providing the information set out in annex ii , in particular on the subject - matter and objectives of the proposed citizens ' initiative . the organisers shall provide , for the register defined in the third subparagraph and where appropriate on their website , regularly updated information on the sources of support and funding for the initiative . this information shall be provided in one or more official languages of the union , in an online register made available for that purpose by the commission . information in an official language other the language in which it was originally provided may be provided subsequently for entry in the register . the translation of the initiative into other official languages of the union shall be the responsibility of the organisers .


### prior to initiating the collection of statements of support from signatories for a proposed citizens ' initiative , the organiser shall be required to register it with the commission , providing the information set out in annex ii , in particular on the subject - matter and objectives as well as on the sources of funding and support for the proposed citizens ' initiative . ### before receiving a decision on admissibility from the commission and initiating the collection of statements of support from signatories for a proposed citizens ' initiative , the organiser shall be required to register that initiative with the commission , providing the information set out in annex ii , in particular on the subject matter and objectives as well as on the sources of funding and support for the proposed citizens ' initiative .


### proposed citizens ' initiatives which can be reasonably regarded as improper because they are abusive or devoid of seriousness will not be registered . ### the commission shall register a proposed initiative within two months from its receipt when the following conditions are fulfilled : the citizens ' committee has been formed and the contact persons have been designated ; there are no manifest , significant inconsistencies between the linguistic versions of the title , subject - matter and objectives of the proposed initiative ; the initiative does not manifestly fall outside the scope of the commission’s power under the treaties to submit a proposal for the requested legal act ; the proposed initiative is not manifestly abusive , frivolous or vexatious ; the proposed initiative is not manifestly contrary to the values of the union as set out in article 2 of the treaty on european union .


### only statements of support forms which comply with the model set out in annex iii may be used for this purpose . the organiser shall complete the forms as indicated in annex iii prior to initiating the collection of statements of support from signatories . the information given in the forms shall correspond to the information contained in the register . ### only statement of support forms which contain the information required in the example provided in annex iii may be used for this purpose . the organiser shall complete the forms as indicated in annex iii before initiating the collection of statements of support from signatories . the information given in the forms shall correspond to the information contained in the register .


### all statements of support shall be collected after the date of registration of the proposed initiative and within a period that shall not exceed 12 months . ### statements of support shall be collected only after the date of the positive decision on admissibility in respect of the proposed initiative and within a period that shall not exceed 12 months .


### the identity of the person can be verified ; ### the identity of the person can be reliably verified , to ensure that each person signs only one statement ;


### the system can generate individual statements of support in a form complying with the model set out in annex iii , in order to allow for the control by the member states , in accordance with article 9 . ### the system can generate individual statements of support in a form which contains the information required in the example provided in annex iii , in order to allow for the control by member states , in accordance with article 9 .


### signatories shall be considered as coming from the member state which issued the identification document indicated in their statement of support . ### signatories shall be considered to come from the member state in which they have their address , as indicated in their statement of support .


### where the commission receives a citizens ' initiative in accordance with article 10 it shall : publish the citizens ' initiative without delay on its website ; b . examine the citizens ' initiative and , within 4 months , set out in a communication its conclusions on the initiative , the action it intends to take , if any , and its reasons for doing so ### where the commission receives a citizens ' initiative in accordance with article 10 it shall : publish the citizens ' initiative without delay on its website ; ab . receive the organisers at an appropriate level to allow them to explain in detail the matters raised by the initiative and organise a public hearing on the subject - matter of the initiative , if appropriate jointly with other institutions or bodies of the eu ; b . within three months , set out in a communication its final legal and political conclusions on the initiative , the action it intends to take , if any , and its reasons for doing or not doing so .


### the competent authority shall destroy all statements of support and copies thereof that it has received for the purpose of carrying out the verification in accordance with article 9 , at the latest one month after issuing the certificate referred to therein . ### the competent authority shall destroy all statements of support and copies thereof that it has received for the purpose of carrying out the verification in accordance with article 9 , at the latest two months after issuing the certificate referred to therein . in the event of litigation they shall be destroyed one month after the conclusion of the litigation .


### for the purpose of the implementation of article 6 , the commission shall be assisted by a committee . ### for the purpose of the implementation of article 6 , the commission shall be assisted by an independent committee possessing appropriate technical knowledge .


### five years after the entry into force of this regulation , the commission shall present a report to the european parliament and the council on the implementation of this regulation . ### three years after the entry into force of this regulation , and every three years thereafter , the commission shall present a report to the european parliament and the council on the implementation of this regulation , with special emphasis on online collection systems and the application of transparency requirements concerning support and funding of initiatives , together , if appropriate , with a legislative proposal for amendment of this regulation .


### five years after the entry into force of this regulation , the commission shall present a report to the european parliament and the council on the implementation of this regulation . ### three years after the entry into force of this regulation , and every three years thereafter , the commission shall present a report to the european parliament and the council on the implementation of this regulation , with special emphasis on online collection systems and the application of transparency requirements concerning the funding of initiatives , together , if appropriate , with a legislative proposal for amendment of this regulation .


### the commission has assessed the availability of footprint data and its use as the utility parameter in the formulae in annex i . this data is available and its potential use has been assessed in the impact assessment , on the basis of that assessment it is concluded that the utility parameter used in the formula for 2020 should be mass . ### the commission should assess further the availability of data on utility parameters other than mass and its use as the utility parameter in the formulae in annex i .


### directive 2009 / 39 / ec foresees that specific provisions could be adopted regarding the two following specific categories of food falling within the definition of foodstuffs for particular nutritional uses : ' food intended to meet the expenditure of intense muscular effort , especially for sportsmen ' and ' food for persons suffering from carbohydrate metabolism disorders ' . with regard to food intended to meet the expenditure of intense muscular effort , no successful conclusion could be reached as regard the development of specific provisions due to widely diverging views among member states and stakeholders concerning the scope of the specific legislation , the number of sub - categories of the food to be included , the criteria for establishing composition requirements and the potential impact on innovation in product development . as regards special provisions for food for persons suffering from carbohydrate metabolism disorders , a commission report9 concludes that the scientific basis for setting specific compositional requirements is lacking . ### directive 2009 / 39 / ec foresees that specific provisions could be adopted regarding the two following specific categories of food falling within the definition of foodstuffs for particular nutritional uses : ' food intended to meet the expenditure of intense muscular effort , especially for sportsmen ' and ' food for persons suffering from carbohydrate metabolism disorders ' . with regard to food intended to meet the expenditure of intense muscular effort , in light of the report of 22 june 2000 by the european commission’s scientific committee on food , no successful conclusion could be reached as regards the development of specific provisions due to widely diverging views among member states and stakeholders concerning the scope of the specific legislation , the number of sub - categories of the food to be included , the criteria for establishing composition requirements and the potential impact on innovation in product development . work on this needs to continue and the commission should draw up a report on ‘ food intended to meet the expenditure of intense muscular effort’ so that a coherent and effective strategy to protect consumers , manufacturers in the sector and the operation of the internal market may be produced . taking the conclusions of this report as its basis , the commission may submit proposals to amend the relevant union legislation or may take new initiatives , where appropriate , on a sectoral basis .


### a limited number of categories of food constitutes the sole source of nourishment of certain groups of the population or represent a partial source of nourishment ; such categories of food are vital for the management of certain conditions and / or are essential to maintain the intended nutritional adequacy for certain well - established vulnerable groups of the population . those categories of food include infant formulae and follow - on formulae , processed cereal - based food and baby food and food for special medical purposes . experience has shown that the provisions laid down in commission directive 2006 / 141 / ec , commission directive 2006 / 125 / ec , as well as commission directive 1999 / 21 / ec ensure the free movement of such food in a satisfactory manner , while ensuring a high level of protection of public health . it is therefore appropriate that this regulation focuses on the general compositional and information requirements for infant formula and follow - on formulae , processed cereal - based food and baby food for infants and young children and to food for special medical purposes , taking into account commission directive 2006 / 141 / ec , commission directive 2006 / 125 / ec and commission directive 1999 / 21 / ec . ### a limited number of categories of food constitutes the sole source of nourishment of certain groups of the population or represent a partial source of nourishment ; such categories of food are vital for the management of certain conditions and / or are essential to maintain the intended nutritional adequacy for certain well - established vulnerable groups of the population . those categories of food include infant formulae and follow - on formulae , processed cereal - based food and baby food , food for special medical purposes and foods for very low calorie diets . experience has shown that the provisions laid down in commission directive 2006 / 141 / ec , commission directive 2006 / 125 / ec , as well as commission directive 1999 / 21 / ec ensure the free movement of such food in a satisfactory manner , while ensuring a high level of protection of public health . vlcd products are currently not covered by commission directive 96 / 8 / ec but solely by framework directive 2009 / 39 / ec . it is therefore appropriate that this regulation focuses on the general compositional and information requirements for infant formula and follow - on formulae , processed cereal - based food and baby food for infants and young children and to food for special medical purposes and foods intended for very low calorie diets , while taking into account commission directive 2006 / 141 / ec , commission directive 2006 / 125 / ec and commission directive 1999 / 21 / ec and amending commission directive 96 / 8 / ec in order to cover vlcd .


### a limited number of categories of food constitutes the sole source of nourishment of certain groups of the population or represent a partial source of nourishment ; such categories of food are vital for the management of certain conditions and / or are essential to maintain the intended nutritional adequacy for certain well - established vulnerable groups of the population . those categories of food include infant formulae and follow - on formulae , processed cereal - based food and baby food and food for special medical purposes . experience has shown that the provisions laid down in commission directive 2006 / 141 / ec , commission directive 2006 / 125 / ec , as well as commission directive 1999 / 21 / ec ensure the free movement of such food in a satisfactory manner , while ensuring a high level of protection of public health . it is therefore appropriate that this regulation focuses on the general compositional and information requirements for infant formula and follow - on formulae , processed cereal - based food and baby food for infants and young children and to food for special medical purposes , taking into account commission directive 2006 / 141 / ec , commission directive 2006 / 125 / ec and commission directive 1999 / 21 / ec . ### a limited number of categories of food constitutes the sole source of nourishment of certain groups of the population or represent a partial source of nourishment ; such categories of food are vital for the management of certain conditions and / or are essential to maintain the intended nutritional adequacy for certain well - established vulnerable groups of the population . those categories of food include infant formulae and follow - on formulae , processed cereal - based food and baby food and food for special medical purposes . experience has shown that the provisions laid down in commission directive 2006 / 141 / ec , commission directive 2006 / 125 / ec , as well as commission directive 1999 / 21 / ec ensure the free movement of such food in a satisfactory manner , while ensuring a high level of protection of public health and consumers’ interests . it is therefore appropriate that this regulation focuses on the general compositional and information requirements for infant formula and follow - on formulae , processed cereal - based food and baby food for infants and young children and to food for special medical purposes , taking into account commission directive 2006 / 141 / ec , commission directive 2006 / 125 / ec and commission directive 1999 / 21 / ec . in this context , as for all food , any substances that are liable to be harmful to the health of the categories concerned should be excluded from the composition of categories of foods covered by this regulation .


### to ensure legal certainty , definitions laid down in commission directives 2006 / 141 / ec , commission directive 2006 / 125 / ec and commission directive 1999 / 21 / ec should be transferred to this regulation . however , the definitions of infant formulae and follow - on formulae , processed cereal - based food and baby food , and food for special medical purposes should be regularly adapted taking into account technical and scientific progress and relevant developments at international level , as appropriate . ### to ensure legal certainty , definitions laid down in commission directives 2006 / 141 / ec , 2006 / 125 / ec , 1999 / 21 / ec and 2009 / 41 / ec should be transferred to this regulation . however , the definitions of infant formulae and follow - on formulae , processed cereal - based food and baby food , and food for special medical purposes should be regularly adapted taking into account technical and scientific progress and relevant developments at international level , as appropriate .


### general labelling requirements are laid down in directive 2000 / 13 / ec of the european parliament and of the council of 20 march 2000 on the approximation of the law of the member states relating to labelling , presentation and advertising of foodstuffs1 . those general labelling requirements should , as a general rule , apply to the categories of food covered by this regulation . however , this regulation should also provide for additional requirements to , or derogations from , the provisions of directive 2000 / 13 / ec , where necessary , in order to meet the specific objectives of this regulation . _________ 1 oj l 184 , 17 . 7 . 1999 , p . 23 . ### general labelling requirements are laid down in regulation 1169 / 2011 / ec of the european parliament and of the council of 25 october 2011 on the provision of food information to consumers1 . those general labelling requirements should , as a general rule , apply to the categories of food covered by this regulation . however , this regulation should also provide for additional requirements to , or derogations from , the provisions of regulation 1169 / 2011 / ec , where necessary , in order to meet the specific objectives of this regulation . _________ 1 oj l 304 , 22 . 11 . 2011 , p . 18 .


### this regulation should provide the criteria for the establishment of the specific compositional and information requirements for infant formula , follow - on formula , processed cereal - based food and baby food , and food for special medical purposes , taking into account commission directive 2006 / 141 / ec , commission directive 2006 / 125 / ec and commission directive 1999 / 21 / ec . in order to adapt the definitions of infant formula , follow - on formula , processed cereal - based food and baby food , and food for special medical purposes laid down in this regulation taking into account technical and scientific progress and relevant developments at international level , to lay down the specific compositional and information requirements with respect to the categories of food covered by this regulation , including for additional labelling requirements to , or derogations from , the provisions of directive 2000 / 13 / ec and for the authorisation of nutrition and health claims , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission . it is of particular importance that the commission carries out appropriate consultations during its preparatory work , including at expert level . the commission , when preparing and drawing - up delegated acts , should ensure a simultaneous , timely and appropriate transmission of relevant documents to the european parliament and council . ### this regulation should provide the criteria for the establishment of the specific compositional and information requirements for infant formula , follow - on formula , processed cereal - based food and baby food , food for special medical purposes , and foods for people intolerant to gluten , taking into account commission directive 2006 / 141 / ec , commission directive 2006 / 125 / ec , commission directive 1999 / 21 / ec , commission regulation no 41 / 2009 . in order to adapt the definitions of infant formula , follow - on formula , processed cereal - based food and baby food , food for special medical purposes , and foods for people intolerant to gluten laid down in this regulation taking into account technical and scientific progress and relevant developments at international level , to lay down the specific compositional and information requirements with respect to the categories of food covered by this regulation , including for additional labelling requirements to , or derogations from , the provisions of directive 2000 / 13 / ec and for the authorisation of nutrition and health claims , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission . it is of particular importance that the commission carries out appropriate consultations during its preparatory work , including at expert level . the commission , when preparing and drawing - up delegated acts , should ensure a simultaneous , timely and appropriate transmission of relevant documents to the european parliament and council .


### this regulation should provide the criteria for the establishment of the specific compositional and information requirements for infant formula , follow - on formula , processed cereal - based food and baby food , and food for special medical purposes , taking into account commission directive 2006 / 141 / ec , commission directive 2006 / 125 / ec and commission directive 1999 / 21 / ec . in order to adapt the definitions of infant formula , follow - on formula , processed cereal - based food and baby food , and food for special medical purposes laid down in this regulation taking into account technical and scientific progress and relevant developments at international level , to lay down the specific compositional and information requirements with respect to the categories of food covered by this regulation , including for additional labelling requirements to , or derogations from , the provisions of directive 2000 / 13 / ec and for the authorisation of nutrition and health claims , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission . it is of particular importance that the commission carries out appropriate consultations during its preparatory work , including at expert level . the commission , when preparing and drawing - up delegated acts , should ensure a simultaneous , timely and appropriate transmission of relevant documents to the european parliament and council . ### this regulation should provide the criteria for the establishment of the specific compositional and information requirements for infant formula , follow - on formula , processed cereal - based food and baby food , milk - based drinks for young children and food for special medical purposes , taking into account commission directive 2006 / 141 / ec , commission directive 2006 / 125 / ec and commission directive 1999 / 21 / ec . in order to adapt the definitions of infant formula , follow - on formula , processed cereal - based food and baby food , milk - based drinks for young children and food for special medical purposes laid down in this regulation taking into account technical and scientific progress and relevant developments at international level , to lay down the specific compositional and information requirements and the procedure for placing on the market foodstuffs resulting from scientific and technological innovations with respect to the categories of food covered by this regulation , including for additional labelling requirements to , or derogations from , the provisions of directive 2000 / 13 / ec and for the authorisation of nutrition and health claims , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission . it is of particular importance that the commission carries out appropriate consultations during its preparatory work , including at expert level . the commission , when preparing and drawing - up delegated acts , should ensure a simultaneous , timely and appropriate transmission of relevant documents to the european parliament and council .


### this regulation should provide the criteria for the establishment of the specific compositional and information requirements for infant formula , follow - on formula , processed cereal - based food and baby food , and food for special medical purposes , taking into account commission directive 2006 / 141 / ec , commission directive 2006 / 125 / ec and commission directive 1999 / 21 / ec . in order to adapt the definitions of infant formula , follow - on formula , processed cereal - based food and baby food , and food for special medical purposes laid down in this regulation taking into account technical and scientific progress and relevant developments at international level , to lay down the specific compositional and information requirements with respect to the categories of food covered by this regulation , including for additional labelling requirements to , or derogations from , the provisions of directive 2000 / 13 / ec and for the authorisation of nutrition and health claims , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission . it is of particular importance that the commission carries out appropriate consultations during its preparatory work , including at expert level . the commission , when preparing and drawing - up delegated acts , should ensure a simultaneous , timely and appropriate transmission of relevant documents to the european parliament and council . ### this regulation should provide the criteria for the establishment of the specific compositional and information requirements for infant formula , follow - on formula , processed cereal - based food and baby food , food for special medical purposes , food intended for weight reduction and control , and food intended to meet expenditure of intense muscular effort , taking into account commission directive 2006 / 141 / ec , commission directive 2006 / 125 / ec , commission directive 1999 / 21 / ec and commission directive 96 / 8 / ec . in order to adapt the definitions of infant formula , follow - on formula , processed cereal - based food and baby food , food for special medical purposes , food intended for weight reduction and control , and food intended to meet the expenditure of intense muscular effort laid down in this regulation taking into account technical and scientific progress and relevant developments at international level , to lay down the specific compositional and information requirements and the process for placing on the market of food resulting from scientific and technological innovations with respect to the categories of food covered by this regulation , including for additional labelling requirements to , or derogations from , the provisions of directive 2000 / 13 / ec and for the authorisation of nutrition and health claims , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission . it is of particular importance that the commission carries out appropriate consultations during its preparatory work , including at expert level . the commission , when preparing and drawing - up delegated acts , should ensure a simultaneous , timely and appropriate transmission of relevant documents to the european parliament and council .


### this regulation should provide the criteria for the establishment of the specific compositional and information requirements for infant formula , follow - on formula , processed cereal - based food and baby food , and food for special medical purposes , taking into account commission directive 2006 / 141 / ec , commission directive 2006 / 125 / ec and commission directive 1999 / 21 / ec . in order to adapt the definitions of infant formula , follow - on formula , processed cereal - based food and baby food , and food for special medical purposes laid down in this regulation taking into account technical and scientific progress and relevant developments at international level , to lay down the specific compositional and information requirements with respect to the categories of food covered by this regulation , including for additional labelling requirements to , or derogations from , the provisions of directive 2000 / 13 / ec and for the authorisation of nutrition and health claims , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission . it is of particular importance that the commission carries out appropriate consultations during its preparatory work , including at expert level . the commission , when preparing and drawing - up delegated acts , should ensure a simultaneous , timely and appropriate transmission of relevant documents to the european parliament and council . ### this regulation should provide the criteria for the establishment of the specific compositional and information requirements for infant formula , follow - on formula , processed cereal - based food and baby food , and food for special medical purposes , as well as food intended to meet the expenditure of intense muscular effort , taking into account commission directive 2006 / 141 / ec , commission directive 2006 / 125 / ec and commission directive 1999 / 21 / ec . in order to adapt the definitions of infant formula , follow - on formula , processed cereal - based food and baby food , food for special medical purposes and food intended to meet the expenditure of intense muscular effort laid down in this regulation taking into account technical and scientific progress and relevant developments at international level , to lay down the specific compositional and information requirements with respect to the categories of food covered by this regulation and the procedure and timetable for placing on the market foodstuffs resulting from scientific and technological innovations , including for additional labelling requirements to , or derogations from , the provisions of directive 2000 / 13 / ec and for the authorisation of nutrition and health claims , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission . it is of particular importance that the commission carries out appropriate consultations during its preparatory work , including at expert level . the commission , when preparing and drawing - up delegated acts , should ensure a simultaneous , timely and appropriate transmission of relevant documents to the european parliament and council .