### competent authorities of member states should check whether users comply with their obligations . in that context , competent authorities should accept internationally recognised certificates of compliance as evidence that the genetic resources covered were legally acquired and that mutually agreed terms were established . competent authorities should also keep records of the checks made and relevant information should be made available in accordance with directive 2003 / 4 / ec of the european parliament and of the council of 28 january 2003 on public access to environmental information . 13 ### competent authorities of member states should check whether users comply with their obligations . in that context , competent authorities should accept internationally recognised certificates of compliance as evidence that the genetic resources covered were legally acquired and that mutually agreed terms were established . when an international certificate is not available , other legally acceptable forms of compliance should be considered evidence that the genetic resources covered were legally acquired and that mutually agreed terms were established . competent authorities should also keep records of the checks made and relevant information should be made available in accordance with directive 2003 / 4 / ec of the european parliament and of the council of 28 january 2003 on public access to environmental information . 13


### this regulation does not apply to genetic resources for which access and benefit - sharing is governed by a specialised international instrument to which the union is a party . ### this regulation does not apply to genetic resources for which access and benefit - sharing is governed by specialised international instruments to which the union is a party .


### this regulation does not apply to genetic resources for which access and benefit - sharing is governed by a specialised international instrument to which the union is a party . ### this regulation does not apply to genetic resources from countries which are not signatories of the nagoya protocol and which have no access law in conformity with the requirements of the nagoya protocol in place . this regulation does also not apply to genetic resources which are available as commodities , or for which access and benefit - sharing is governed by a specialised international instrument to which the union is a party . due regard should be paid to useful and relevant ongoing work or practices under other international organisations , provided that they are supportive of and do not run counter to the objectives of the convention and this protocol .


### checks may be conducted when a competent authority is in possession of relevant information , including on the basis of substantiated concerns provided by third parties , concerning non - compliance of a user with this regulation . ### checks shall be conducted when a competent authority is in possession of relevant information , including on the basis of substantiated concerns provided by third parties , concerning a user ' s non - compliance of a user with this regulation .


### on the spot checks , including field audits ; ### on the spot checks ;


### competent authorities shall accept an internationally recognised certificate of compliance as evidence that the genetic resource it covers has been accessed in accordance with prior informed consent and that mutually agreed terms have been established , as required by the domestic access and benefit - sharing legislation or regulatory requirements of the party to the nagoya protocol providing the prior informed consent . ### competent authorities shall accept an internationally recognised certificate of compliance as evidence that the genetic resource it covers has been accessed in accordance with prior informed consent and that mutually agreed terms have been established , as required by the domestic access and benefit - sharing legislation or regulatory requirements of the party to the nagoya protocol providing the prior informed consent . in the event that an internationally recognised certificate is not available , other legally acceptable forms of compliance should be considered enough evidence that the genetic resources covered were legally obtained and that mutually agreed terms were established .


### users shall offer all assistance necessary to facilitate the performance of the checks referred to in paragraph 1 , notably as regards access to premises and the presentation of documentation or records . ### users shall offer all assistance necessary to facilitate the performance of the checks referred to in paragraph 1 .


### additionally , depending on the nature of the shortcomings detected , member states may take immediate interim measures , including inter alia seizure of illegally acquired genetic resources and suspension of specific use activities . ### depending on the nature of the shortcomings detected , member states may take immediate appropriate interim measures , including inter alia seizure of illegally acquired genetic resources and suspension of specific use activities .


### the competent authorities shall exchange information on serious shortcomings detected through checks referred to in article 9 and on the types of penalties imposed in accordance with article 11 with the competent authorities of other member states and with the commission . ### the competent authorities shall exchange information on the organisation of their checking system for monitoring user compliance with this regulation , on serious shortcomings detected through checks referred to in articles 9 and 10 and on the types of penalties imposed in accordance with article 11 with the competent authorities of other member states and with the commission .


### article 3 of directive 2009 / 28 / ec on the promotion of the use of energy from renewable energy sources and amending and subsequently repealing directives 2001 / 777 / ec and 2003 / 30 / ec9 requires member states to ensure that the share of energy from renewable energy sources in all forms of transport in 2020 is at least 10% of their final energy consumption . the blending of biofuels is one of the methods available for member states to meet this target , and is expected to be the main contributor . ### article 3 of directive 2009 / 28 / ec on the promotion of the use of energy from renewable energy sources and amending and subsequently repealing directives 2001 / 777 / ec and 2003 / 30 / ec9 requires member states to ensure that the share of energy from renewable energy sources in all forms of transport in 2020 is at least 10% of their final energy consumption . the blending of biofuels is one of the methods available for member states to meet this target , and is expected to be the main contributor . the european market in fuels is expected to remain extremely dependent on the availability of diesel oil , which particularly characterises it . in response to this high level of dependence , increased biodiesel production should be encouraged .


### in order to ensure the long - term competitiveness of bio - based industrial sectors , and in line with the 2012 communication ‘ innovating for sustainable growth : a bioeconomy for europe’ and the roadmap to a resource efficient europe , promoting integrated and diversified biorefineries across europe , enhanced incentives under directive 2009 / 28 / ec should be set in a way that gives preference to the use of biomass feedstocks that do not have a high economic value for other uses than biofuels . ### in order to ensure the long - term competitiveness of bio - based industrial sectors , and to provide a stable regulatory environment for existing and new investments , in line with the 2012 communication ' innovating for sustainable growth : a bioeconomy for europe ' and the roadmap to a resource efficient europe promoting integrated and diversified biorefineries across europe , a commitment should be made that the levels of biofuels encouraged by directive 2009 / 28 / ec will be maintained in the subsequent years after 2020 .


### in order to ensure the long - term competitiveness of bio - based industrial sectors , and in line with the 2012 communication ' innovating for sustainable growth : a bioeconomy for europe ' 11 and the roadmap to a resource efficient europe12 , promoting integrated and diversified biorefineries across europe , enhanced incentives under directive 2009 / 28 / ec should be set in a way that gives preference to the use of biomass feedstocks that do not have a high economic value for other uses than biofuels . ### in order to ensure the long - term competitiveness of bio - based industrial sectors , and in line with the 2012 communication ' innovating for sustainable growth : a bioeconomy for europe ' 11 and the roadmap to a resource efficient europe12 , promoting integrated and diversified biorefineries across europe , enhanced incentives under directive 2009 / 28 / ec should be set in a way that gives preference to the use of biomass feedstocks that do not have a high economic value for other uses than biofuels . ligno - cellulosic residues are among the rare forms of biomass in large supply in europe . the setting of a blending sub - target for ligno - cellulosic biofuels would provide investors with the visibility needed to build on their potential .


### article 19 of directive 2009 / 28 / ec and article 7d of directive 98 / 70 / ec include provisions for encouraging the cultivation of biofuels in severely degraded and heavily contaminated land as an interim measure for mitigating against indirect land - use change . these provisions are no longer adequate in their current form and need to be integrated in the approach laid out in this directive to ensure that overall actions for minimising emission from indirect land - use change remain coherent . ### article 19 of directive 2009 / 28 / ec and article 7d of directive 98 / 70 / ec include provisions for encouraging the cultivation of biofuels in severely degraded and heavily contaminated land as a measure for mitigating against indirect land - use change . other iluc mitigation measures , such as the use of co - products , yield increases , manufacturing efficiencies and crop production on abandoned or unused land , should be assessed by the commission in view of incorporating them into the directives in terms of a bonus like the one already set out in annex iv part c point 7 of directive 98 / 70 / ec and in annex v part c point 7 of directive 2009 / 28 / ec for biomass obtained from restored degraded land .


### the greenhouse gas emission saving from the use of biofuels and bioliquids taken into account for the purposes referred to in paragraph 1 shall be at least 60 % for biofuels and bioliquids produced in installations starting operation after 1st july 2014 . an installation is “in operation” if the physical production of biofuels or bioliquids has taken place . ### the greenhouse gas emission saving from the use of biofuels and bioliquids taken into account for the purposes referred to in paragraph 1 shall be at least 50 % for biofuels and bioliquids produced in installations starting operation after 1st july 2014 . an installation is “in operation” if the physical production of biofuels or bioliquids has taken place .


### the delegation of powers referred to in articles 7a , the second subparagraph of article 7b , articles 7d , 7d , 7d , 8a and 10 may be revoked at any time by the european parliament or by the council . a decision of revocation shall put an end to the delegation of the power specified in that decision . it shall take effect the day following the publication of the decision in the official journal of the european union or at a later date specified therein . it shall not affect the validity of any delegated acts already in force . ### the delegation of powers referred to in articles 7a , the second subparagraph of article 7b , articles 7d , 7d , 7d , 8a and 10 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 to revoke in the official journal of the european union or at a later date specified therein . it shall not affect the validity of any delegated acts already in force .


### the delegation of power referred to in article 3 , article 5 , the third subparagraph of article 17 , articles 19 , 19 and 19 may be revoked at any time by the european parliament or by the council . a decision of revocation shall put an end to the delegation of the power specified in that decision . it shall take effect the day following the publication of the decision in the official journal of the european union or at a later date specified therein . it shall not affect the validity of any delegated acts already in force . ### the delegation of power referred to in point oa of article 2 , article 5 , the third subparagraph of article 17 , and article 19 , and 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 . the decision shall take effect on the day following its publication in the official journal of the european union or at a later date specified in the text of the decision . it shall not affect the validity of any delegated acts already in force .


### a delegated act adopted pursuant to article 3 , article 5 , the third subparagraph of article 17 , articles 19 , 19 and 19 shall enter into force only if no objection has been expressed either by the european parliament or the council within a period of 2 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 2 months at the initiative of the european parliament or the council . ### a delegated act adopted pursuant to point oa of article 2 , article 5 , the third subparagraph of article 17 , and article 19 , and shall enter into force only if no objection has been expressed either by the european parliament or the council within a period of 2 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 . the period shall be extended by 2 months at the initiative of the european parliament or the council .


### the list of feedstock set out in annex ix may be adapted to scientific and technical progress , in order to ensure a correct implementation of the accounting rules set out in this directive . the commission shall be empowered to adopt delegated acts in accordance with article 25 concerning the list of feedstock set out in annex ix ### the list of feedstock set out in annex ix may be adapted to scientific and technical progress , in order to ensure a correct implementation of the accounting rules set out in this directive . the commission shall be empowered to adopt delegated acts in accordance with article 25 concerning the list of feedstock set out in annex ix , subject to their encouraging research and development into innovative technologies in member states and their taking into account the improvements needed in security of supply for diesel - type fuels .


### the delegation of power referred to in article 3 , article 5 , the third subparagraph of article 17 , articles 19 , 19 and 19 shall be conferred on the commission for an indeterminate period of time from [ the date of entry into force of this directive ] . ### the delegation of power referred to in point oa of article 2 , article 5 , the third subparagraph of article 17 , and article 19 , and shall be conferred on the commission for an indeterminate period of time from [ the date of entry into force of this directive ] .


### to strengthen the solidarity between member states in the case of a community emergency and in particular to support member states which are exposed to less favourable geographical or geological conditions , member states should devise specific measures to exercise solidarity , including measures such as commercial agreements between natural gas undertakings , compensation mechanisms , increased gas exports or increased releases from storages . solidarity measures may be particularly appropriate between member states for which the commission recommends the establishment of joint preventive actions plans or emergency plans at regional level . ### to strengthen the solidarity between member states in the case of a union emergency and in particular to support member states which are exposed to less favourable geographical or geological conditions , member states should devise specific measures to exercise solidarity , as provided for in the treaty on the functioning of the european union , including measures such as commercial agreements between natural gas undertakings , compensation mechanisms , increased gas exports or increased releases from storages . solidarity measures may be particularly appropriate between member states for which the commission recommends the establishment of joint preventive actions plans or emergency plans at regional level .


### this regulation establishes measures aimed at safeguarding the security of gas supply so as to ensure the proper and continuous functioning of the internal market for gas by providing for a clear definition and attribution of responsibilities and for a coordination of the response at the level of the member states and the community regarding both preventive action and the reaction to concrete disruptions of supply . ### this regulation establishes measures aimed at safeguarding the security of gas supply so as to ensure the proper and continuous functioning of the internal market for gas , and setting up exceptional measures to be implemented where the market cannot deliver the required gas supply , by providing for a clear definition and attribution of responsibilities and for a coordination of the response at the level of the member states and the union regarding both preventive action and the reaction to concrete disruptions of supply in a spirit of solidarity between the member states .


### the preventive action plan shall take into account economic effectiveness , effects on the functioning of the internal energy market and environmental impact . ### the preventive action plan shall take into account cost efficiency , economic effectiveness , effects on the functioning of the internal energy market and environmental impact .


### the transmission system operators shall enable permanent physical capacity to transport gas in both directions on all interconnections within two years from the entry into force of this regulation , except in cases where at the request of a competent authority , the commission decides that the addition of a bi - directional flow capacity would not enhance the security of supply of any member state . such decision may be reviewed if circumstances change . the level of the bi - directional flow capacity shall be reached in a cost efficient way and at least take into account the capacity required to meet the supply standard set in article 7 . within that two year period , the gas transmission system operator shall adapt the functioning of the transmission system as a whole so as to enable bi - directional gas flows . ### if necessary according to the risk and impact assessment carried out according to article 8 , taking into account technical feasibility and a cost - benefit analysis , the transmission system operators shall within three years from the entry into force of this regulation enable permanent physical capacity to transport gas in both directions on those interconnections where at the addition of a bi - directional flow capacity would enhance the security of supply , in particular during an emergency . the assessment may be reviewed if circumstances change . within that three - year period , the gas transmission system operator shall , in accordance with the risk and impact assessment carried out according to article 8 , taking into account technical feasibility and a cost - benefit analysis , adapt the functioning of the transmission system as a whole so as to enable bi - directional gas flows .


### the competent authority shall take the measures to ensure the gas supply to the protected customers of the member state in the case of : ### the competent authority shall require supply undertakings to ensure the gas supply to the protected customers of the member state in the case of :


### any period of sixty days of exceptionally high gas demand during the coldest weather periods statistically occurring every twenty years . ### any period of thirty days of exceptionally high gas demand during the coldest weather periods statistically occurring every twenty years .


### the competent authority shall take the measures to ensure the gas supply to the protected customers for the period of sixty days also in the event of an emergency as defined in article 9 . the competent authority shall endeavour to maintain the supply for the protected customers as long as necessary . ### the competent authority shall require supply undertakings to ensure the gas supply to the protected customers for the period of thirty days also in the event of an emergency as defined in article 9 . the supply undertakings , in cooperation with the competent authority , shall endeavour to maintain the supply for the protected customers as long as possible on market - based security of gas supply .


### by [ 30 september 2010 ; 6 months after entry into force ] each competent authority shall fully assess the risks affecting the security of gas supply in its member state by : using the standards specified in articles 6 and 7 ; b ) taking into account all relevant national and regional circumstances ; c ) running various scenarios of exceptionally high demand and supply disruption , such as failure of main transmission infrastructures , storages , lng terminals , and disruption of supplies from third country suppliers ; d ) identifying the interaction and correlation of risks with other member states . ### by [ 30 march 2011 ; 12 months after entry into force ] each competent authority shall undertake a risk and impact assessment that shall be the basis for : the establishment of the risk profile of the member state concerned , taking into account all relevant national and regional circumstances ; b ) the establishment of the preventive action plan of the member state ; c ) the establishment of the emergency plan of the member state concerned ; the risk and impact assessment shall be based on the standards specified in articles 6 and 7 and shall include running various scenarios of exceptionally high demand and / or supply disruption , such as failure of main transmission infrastructures , storages , lng terminals , and disruption of supplies from third - country producers . account shall be taken of the interaction and correlation of risks with other member states .


### the commission shall verify within one week whether the declaration of an emergency is justified and whether it does not impose an undue burden on the natural gas undertakings and on the functioning of the internal market . the commission may , in particular , ask the competent authority to modify measures imposing an undue burden on natural gas undertakings and to lift its declaration of emergency if the commission considers it not or no longer justified . ### the commission shall verify within three days whether the declaration of an emergency fulfils the criteria indicated in paragraph 2 and whether it does not impose an undue burden on the natural gas undertakings and on the functioning of the internal market . the commission may , in particular , ask the competent authority to modify measures imposing an undue burden on natural gas undertakings and to lift its declaration of emergency if the commission considers it not or no longer justified .


### the commission may declare a community emergency at the request of one competent authority or when the community loses more than 10% of its daily gas import from third countries as calculated by entso - g . it shall declare a community emergency where more than one competent authority has declared emergency following the verification in accordance with article 9 . it may declare a community emergency for specifically affected geographical regions comprising more than one member state . ### the commission may declare a union emergency at the request of one competent authority or where the union is losing more than 10% of its daily gas import from third countries &#8211 ; which amounts to the daily consumption of certain member states &#8211 ; as calculated by entso - g . it shall declare a union emergency where more than one competent authority has declared emergency following the verification in accordance with article 9 . it may declare a union emergency for specifically affected geographical regions comprising more than one member state .


### it is of utmost importance to fully exploit the potential of public procurement to achieve the objectives of the europe 2020 strategy for sustainable growth . in view of the important differences between individual sectors and markets , it would however not be appropriate to set general mandatory requirements for environmental , social and innovation procurement . the union legislature has already set mandatory procurement requirements for obtaining specific goals in the sectors of road transport vehicles and office equipment no 106 / 2008 of the european parliament and the council of 15 january 2008 on a community energy - efficiency labelling programme for office equipment ) . in addition , the definition of common methodologies for life cycle costing has significantly advanced . it therefore appears appropriate to continue on that path , leaving it to sector - specific legislation to set mandatory objectives and targets in function of the particular policies and conditions prevailing in the relevant sector and to promote the development and use of european approaches to life - cycle costing as a further underpinning for the use of public procurement in support of sustainable growth . ### an effort should be made to exploit the potential of public procurement to achieve the objectives of the europe 2020 strategy for sustainable growth , without encroaching upon the powers of the contracting entities . in view of the important differences between individual sectors and markets , it would however not be appropriate to set general mandatory requirements for environmental , social and innovation procurement . the union legislature has already set mandatory procurement requirements for obtaining specific goals in the sectors of road transport vehicles and office equipment no 106 / 2008 of the european parliament and the council of 15 january 2008 on a community energy - efficiency labelling programme for office equipment ) . in addition , the definition of common methodologies for life cycle costing has significantly advanced . it therefore appears appropriate to continue on that path , leaving it to sector - specific legislation to set mandatory objectives and targets in function of the particular policies and conditions prevailing in the relevant sector and to promote the development and use of european approaches to life - cycle costing as a further underpinning for the use of public procurement in support of sustainable growth .


### contracting entities shall treat economic operators equally and without discrimination and shall act in a transparent and proportionate way . ### contracting entities shall treat economic operators equally and without discrimination and shall act in a transparent way .


### where a state of urgency duly substantiated by the contracting entities renders impracticable the time limit laid down in the second subparagraph of paragraph 1 , they may fix a time limit which shall be not less than 20 days from the date on which the contract notice was sent . ### where a state of urgency duly substantiated by the contracting entities renders impracticable the time limit laid down in the second subparagraph of paragraph 1 , they may fix a time limit which shall be not less than 25 days from the date on which the contract notice was sent . a state of urgency may only result in a shorter time limit being set if it has not been brought about by the contracting entities themselves .


### the contracting entity may reduce by five days the time limit for receipt of tenders set out in the second subparagraph of paragraph 1 where it accepts that tenders may be submitted by electronic means in accordance with article 33 , and . ### the contracting entity may reduce by three days the time limit for receipt of tenders set out in the second subparagraph of paragraph 1 where it accepts that tenders may be submitted by electronic means in accordance with article 33 , and .


### the term of a framework agreement shall not exceed four years , save in exceptional cases duly justified , in particular by the subject of the framework agreement . ### the term of a framework agreement shall not exceed eight years , save in exceptional cases duly justified , in particular , by the subject of the framework agreement .


### contracting entities may take account of variants which are submitted by a tenderer and meet the minimum requirements specified by the contracting entities . ### contracting entities must take account of variants which are submitted by a tenderer and meet the minimum requirements specified by the contracting entities .


### in procedures for awarding supply or service contracts , contracting entities that have authorised variants shall not reject a variant on the sole ground that it would , where successful , lead either to a service contract rather than a supply contract or to a supply contract rather than a service contract . ### in procedures for awarding supply or service contracts , contracting entities shall not reject a variant on the sole ground that it would , where successful , lead either to a service contract rather than a supply contract or to a supply contract rather than a service contract .


### member states may provide that , at the request of the subcontractor and where the nature of the contract so allows , the contracting entity shall transfer due payments directly to the subcontractor for services , supplies or works provided to the main contractor . in such case , member states shall put in place appropriate mechanisms permitting the main contractor to object to undue payments . the arrangements concerning that mode of payment shall be set out in the procurement documents . ### member states may provide that payments to the subcontractor for services , supplies or works provided to the main contractor shall become due immediately if and insofar as the contracting authority has performed its obligations to the main contractor , or parts thereof , the contracting authority has accepted the services , supplies or works as having been fully completed , or the contracting authority has , without success , set the main contractor an appropriate time limit within which to provide information about the circumstances referred to at and .


### the commission shall review the economic effects on the internal market resulting from the application of the thresholds set in article 12 and report thereon to the european parliament and the council by 30 june 2017 . ### the commission shall review the economic effects on the internal market resulting from the application of the thresholds set in article 12 and report thereon to the european parliament and the council by 30 june 2015 .


### in the case of service or supply contracts a specification in a document defining the required characteristics of a product or a service , such as quality levels , environmental and climate performance levels , design for all requirements and conformity assessment , performance , use of the product , safety or dimensions , including requirements relevant to the product as regards the name under which the product is sold , terminology , symbols , testing and test methods , packaging , marking and labelling , user instructions , production processes and methods at any stage of the life cycle of the supply or service and conformity assessment procedures ; ### in the case of service or supply contracts a specification in a document defining the required characteristics of a product or a service , such as quality levels , environmental and climate performance levels , design for all requirements and conformity assessment , performance , use of the product , safety or dimensions , including requirements relevant to the product as regards the name under which the product is sold , terminology , symbols , testing and test methods , packaging , marking and labelling , user instructions and conformity assessment procedures ;


### on 19 february 2013 , certain member states signed an agreement on a unified patent court . this agreement provides that it shall not enter into force prior to the first day of the fourth month after the date of entry into force of the amendments to regulation no 1215 concerning the relationship of the latter with the agreement . ### on 19 february 2013 , certain member states signed an agreement on a unified patent court . this agreement provides that it shall not enter into force prior to the first day of the fourth month after the date of entry into force of the amendments to regulation no 1215 / 2012 of the european parliament and of the council4a concerning the relationship of the latter with the agreement . ________________ 4a regulation no 1215 / 2012 of the european parliament and of the council of 12 december 2012 on jurisdiction and the recognition and enforcement of judgments on civil and commercial matters .


### for the purposes of this regulation , courts or tribunals of the member states should include courts or tribunals common to several member states , such as the benelux court of justice when it exercises jurisdiction on matters falling within the scope of this regulation . therefore , judgments given by such courts should be recognised and enforced in accordance with this regulation . ### for the purposes of this regulation , courts or tribunals of the member states should include courts or tribunals common to several member states , such as the unified patent court or the benelux court of justice when they exercise jurisdiction on matters falling within the scope of this regulation . therefore , judgments given by such courts should be recognised and enforced in accordance with this regulation .


### where the defendant is not domiciled in a member state , and this regulation does not otherwise confer jurisdiction over him , the provisions of chapter ii shall apply as if the defendant was domiciled in a member state . article 35 shall apply even if the courts of non - member states have jurisdiction as to the substance of the matter . ### where the defendant is not domiciled in a member state , and this regulation does not otherwise confer jurisdiction over him , chapter ii shall apply as appropriate regardless of the defendant ' s domicile . application may be made to a common court for provisional , including protective , measures even if the courts of a third state have jurisdiction as to the substance of the matter .


### where the defendant is not domiciled in a member state and no court of a member state has jurisdiction under this regulation , the defendant may be sued in the common court if : property belonging to the defendant is located in a member state party to the agreement establishing the common court ; b ) the value of the property is not insignificant compared to the value of the claim ; c ) the dispute has a sufficient connection with any member state party to the agreement establishing the common court . ### where a common court has jurisdiction over a defendant under paragraph 2 in a dispute relating to an infringement of a unitary patent giving rise to damage within the union , that court may also have jurisdiction in relation to damage arising outside the union from such an infringement . such jurisdiction may only be established if property belonging to the defendant is located in one or more member states which are parties to the agreement establishing the common court and the dispute has a sufficient connection with one or more of those member states .


### this regulation shall enter into force on the twentieth day following that of its publication in the official journal of the european union . it shall apply from 10 january 2015 . ### this regulation shall enter into force on the day following that of its publication in the official journal of the european union . it shall apply from 10 january 2015 .


### whereas the drug prevention and information programme was based on a public health legal basis and therefore covered health considerations , notably the reduction of health harms associated with drug use , the justice programme should approach anti - drugs policy via the angle of crime prevention . illicit drug trafficking and other illegal activities related to drugs should be the main focus of drug - related funding under the new programme . ### whereas the drug prevention and information programme was based on a public health legal basis and therefore covered health considerations , notably the reduction of health harms associated with drug use ; the justice programme should approach prevention and anti - drugs policy via the angle of crime and recidivism prevention . public awareness , prevention of drug trafficking , illicit drug trafficking and other illegal activities related to drugs should be the main focus of drug - related funding under the new programme .


### in order to implement the principle of sound financial management , this regulation should provide for appropriate tools to assess its performance . to that end , it should define general and specific objectives . to measure the achievement of those specific objectives , a set of indicators should be established which should remain valid for the whole duration of the programme . ### in order to implement the principle of sound financial management , this regulation should provide for appropriate tools to assess its performance . to that end , it should define general and specific objectives . to measure the achievement of those specific objectives , a set of concrete and quantifiable indicators should be established which should remain valid for the whole duration of the programme . the commission should report to the european parliament on an annual basis about the progress towards the objectives , using indicators as benchmarks .


### to achieve the general objective set out in article 4 , the programme shall have the following specific objectives : to promote effective , comprehensive and consistent application of union legislation in the areas of judicial cooperation in civil and criminal matters . the indicator to measure the achievement of this objective shall be , inter alia , the number of cases of trans - border cooperation . to facilitate access to justice . the indicator to measure the achievement of this objective shall be , inter alia , the european perception of access to justice . to prevent and reduce drug demand and supply . the indicator to measure the achievement of this objective shall be , inter alia , the number of cases of trans - border cooperation . ### to achieve the general objective set out in article 4 , the programme shall have the following specific objectives : to promote effective , comprehensive and consistent application of union legislation in the areas of judicial cooperation in civil and criminal matters . the indicator to measure the achievement of this objective shall be , inter alia , the number of successful cases of trans - border cooperation . to facilitate access to justice . the indicator to measure the achievement of this objective shall be , inter alia , the european perception of access to justice . to substantially prevent and reduce drug demand and supply . the indicator to measure the achievement of this objective shall be , inter alia , the number of successful cases of trans - border cooperation .


### the financial envelope for the implementation of the programme shall be eur 472 million . ### within the meaning of point [ 17 ] of the interinstitutional agreement of . . . / . . . . between the european parliament , the council and the commission on cooperation in budgetary matters and on sound financial management , the financial envelope for the implementation of the programme for the period from 2014 to 2020 , representing the prime reference for the budgetary authority during the annual budgetary procedure , shall be eur 472 million .


### the budgetary authority shall authorise the available annual appropriations within the limits of the multiannual financial framework established by council regulation no xx / xx of xx laying down the multiannual financial framework for the years 2014 - 2020 . ### the budgetary authority shall authorise the available annual appropriations without prejudice to the provisions of the regulation laying down the multiannual financial framework for the years 2014 - 2020 and the interinstitutional agreement of xxx / 201z between the european parliament , the council and the commission on cooperation in budgetary matters and sound financial management .


### the commission , in cooperation with the member states , shall ensure overall consistency , complementarity and synergies with other union instruments , inter alia , with the rights and citizenship programme , the instrument for financial support for police cooperation , crime prevention and the fight against cross - border , serious and organised crime , the health for growth programme , the erasmus for all programme , the horizon 2020 framework programme and the instrument for pre - accession assistance . ### the commission , in cooperation with the member states , shall ensure overall consistency , complementarity and synergies with other union instruments , inter alia , with the rights and citizenship programme , the instrument for financial support for police cooperation , crime prevention and the fight against cross - border , serious and organised crime , the health for growth programme , the erasmus for all programme , the horizon 2020 framework programme and the instrument for pre - accession assistance . the commission shall also ensure overall consistency , complementarity and synergies with the eu agencies whose mandates cover the same domains as the programme .


### the commission , in cooperation with the member states , shall ensure overall consistency , complementarity and synergies with other union instruments , inter alia , with the rights and citizenship programme , the instrument for financial support for police cooperation , crime prevention and the fight against cross - border , serious and organised crime , the health for growth programme , the erasmus for all programme , the horizon 2020 framework programme and the instrument for pre - accession assistance . ### the commission , in cooperation with the member states , shall ensure overall consistency , complementarity and synergies with other union instruments , inter alia , with the rights and citizenship programme , the instrument for financial support for police cooperation , crime prevention and the fight against cross - border , serious and organised crime , the health for growth programme , the erasmus for all programme , the horizon 2020 framework programme and the instrument for pre - accession assistance , including with the activities of the agencies involved in the programme .


### the programme may share resources with other union instruments , in particular the rights and citizenship programme , in order to implement actions meeting the objectives of both programmes . an action for which funding has been awarded from the programme may also give rise to the award of funding from the rights and citizenship programme , provided that the funding does not cover the same cost items . ### the programme may share resources with other union instruments , in particular the rights and citizenship programme , in order to implement actions meeting the objectives of both programmes . an action for which funding has been awarded from the programme may also give rise to the award of funding from the rights and citizenship programme , provided that the funding does not cover the same cost items , and double - sourcing of funds is avoided by clearly indicating the sources of funding for each category of expenditure , in line with the principle of sound financial management .


### for reasons of international comity , this directive should only apply to works that are first published or broadcast in a member state . ### this directive should only apply to works that are first published or broadcast in a member state . the commission should study the situation when a work has been produced and disseminated by an entity from a member state , but first published in a state outside the european union .


### before a work can be considered an orphan work , a good faith and reasonable diligent search for the author should be carried out . member states should be permitted to provide that such a diligent search may be carried out by the organisations referred to in this directive or by other organisations . ### before a work can be considered an orphan work , a good faith and reasonable diligent search for the author should be carried out in the manner decided by the authors and publishers or their representatives in the member state where the work was first published . member states should be permitted to provide that such a diligent search may be carried out by the organisations referred to in this directive or by other organisations .


### contractual arrangements may play a role in fostering the digitisation of european cultural heritage , it being understood that libraries , educational establishments , museums or archives and film heritage institutions may , with a view to undertake the uses permitted under this directive , conclude agreements with commercial partners for the digitisation and making available of orphan works . these agreements may include financial contributions by such partners . ### contractual arrangements may play a role in fostering the digitisation of european cultural heritage , it being understood that libraries , educational establishments , museums or archives and film heritage institutions may , with a view to undertake the uses permitted under this directive , conclude agreements with commercial partners for the digitisation and making available of orphan works . these agreements may include financial contributions by such partners . these agreements should not include restrictions to the manner in which libraries , educational establishments , museums or archives and film or audio heritage institutions are allowed under this directive to use the orphan works to fulfil their public interest mission , in particular as regards the provision of access to the orphan works in a non - exclusive and non discriminatory manner .


### member states shall ensure that the results of diligent searches carried out in their territories are recorded in a publicly accessible database . ### member states shall appoint entities entitled to certify that diligent searches have been properly carried out in good faith , and shall ensure that the results of diligent searches carried out in their territories are recorded in a publicly accessible database .


### however , unless otherwise provided in article 7 , the organisations referred to in article 1 may not use orphan works in order to achieve aims other than their public interest missions , notably preservation , restoration and the provision of cultural and educational access to works contained in their collections . ### however , unless otherwise provided in article 7 , the organisations referred to in article 1 may not use orphan works in order to achieve aims other than their public interest missions , notably preservation , restoration and the provision of cultural , research and educational access to works contained in their collections .


### it is necessary to ensure that procedures for such control are clear , effective and proportionate to the nature of the implementing acts and that they reflect the institutional requirements of the treaty as well as the experience gained and the common practice followed in the implementation of decision 1999 / 468 / ec . ### it is necessary to ensure that procedures for such control are clear , transparent , effective and proportionate to the nature of the implementing acts and that they duly reflect the new institutional framework and requirements of the treaty on the functioning of the european union as well as the experience gained and the common practice followed in the implementation of decision 1999 / 468 / ec .


### in those basic acts which require the control of the member states for the adoption by the commission of implementing acts , it is appropriate that for the purposes of such a control there should be instituted committees composed of the representatives of the member states and chaired by the commission . ### in those basic acts which require the adoption by the commission of implementing acts , it is appropriate that for the purposes of control by the member states as provided for by article 291 of the treaty on the functioning of the european union there should be instituted committees composed of the representatives of the member states and chaired by the commission .


### criteria should be laid down to determine the procedure to be used for the adoption of implementing acts . in order to achieve greater consistency and in order to ensure that procedural requirements are proportionate to the nature of the implementing acts to be adopted , those criteria should be binding . ### criteria should be laid down to determine the procedure to be used for the adoption of implementing acts , in order to achieve greater consistency and predictability as to the nature of the implementing acts to be adopted . however , those criteria should be of a non - binding nature and the procedure to be used should be determined in each basic act .


### the examination procedure should only apply for the adoption of measures of general scope designed to implement basic acts and specific measures with a potentially important impact . that procedure should provide for the control of the member states in such a way that measures cannot be adopted if they are not in conformity with the opinion of the committee , except in very exceptional circumstances , where the commission should be able , in spite of a negative opinion , to adopt and apply measures for a limited period of time . the commission should be able to review the draft measures in the event that no opinion is delivered by the committee , taking into account the views expressed within the committee . ### the examination procedure should , where appropriate , be followed as regards measures of general scope designed to implement basic acts and specific measures with substantial implications , including of a budgetary nature . that procedure should provide for the control of the member states in such a way that measures cannot be adopted if they are not in conformity with the opinion of the committee , except in very exceptional circumstances , where the commission should be able , in spite of a negative opinion , to adopt and apply measures for a limited period of time . the commission should be able to review the draft measures in the event that no opinion is delivered by the committee , taking into account the views expressed within the committee .


### the european parliament and the council should be kept informed of committee proceedings on a regular basis . ### the european parliament and the council should be informed of any committee proceedings and related documentation at the same time and on the same terms as the committees .


### decision 1999 / 468 / ec should be repealed . in order to ensure the transition between the regime provided for in decision 1999 / 468 / ec and this regulation , any reference in existing legislation to the procedures provided for in that decision should , with the exception of the regulatory procedure with scrutiny provided for in article 5a thereof , be understood as a reference to the corresponding procedures provided for in this regulation . the effects of article 5a of decision 1999 / 468 / ec should be maintained for the purposes of existing basic acts which refer to that article . ### decision 1999 / 468 / ec should be repealed . in order to ensure the transition between the regime provided for in decision 1999 / 468 / ec and this regulation , a transitional scheme should apply whereby any reference in existing legislation to the procedures provided for in that decision should , with the exception of the regulatory procedure with scrutiny provided for in article 5a thereof , be understood as a reference to the corresponding procedure provided for in this regulation . the effects of article 5a of decision 1999 / 468 / ec should be maintained for the purposes of existing basic acts which refer to that article . that transitional scheme should be without prejudice to the legislator ' s discretion as to the procedure to be chosen for any future legislative acts .


### this regulation lays down the rules and general principles governing the mechanisms which shall apply in cases where a legally binding union act requires that the adoption of binding implementing acts by the commission be subject to the control of member states . ### this regulation lays down the rules and general principles governing the procedures and the mechanisms of control which shall apply in cases where a legally binding union act confers implementing powers on the commission where uniform conditions for implementing that act are needed .


### the examination procedure may only apply for the adoption of : implementing measures of general scope ; other implementing measures relating to : common agricultural and common fisheries policies ; ii ) environment , security and safety or protection of the health or safety of humans , animals or plants ; iii ) common commercial policy . ### without prejudice to paragraph 1 , the examination procedure shall , where appropriate , apply for the adoption of implementing measures of general scope and specific measures with substantial implications , including of a budgetary nature .


### for all other implementing measures , and for implementing measures referred to in paragraph 2 where it is considered to be appropriate , the advisory procedure shall apply . ### without prejudice to paragraph 2 , the advisory procedure shall be applied in any case where it is considered to be appropriate .


### the european parliament and the council shall have access to the information referred to in paragraph 1 . ### in accordance with the principle of transparency , parliament and the council shall have access to the information on committee proceedings referred to in paragraph 1 , in the same way as the committees . the information shall be supplied to parliament and the council at the same time and on the same terms as the committees .


### the european parliament and the council shall have access to the information referred to in paragraph 1 . ### the european parliament and the council shall be informed of any committee proceedings and of the information referred to in paragraph 1 at the same time and on the same terms as the committees .


### references to articles 7 and 8 of decision 1999 / 468 / ec shall be understood as references to article 8 of this regulation . ### references to articles 7 and 8 of decision 1999 / 468 / ec shall be understood as references , respectively , to articles 8 and 8a of this regulation .


### implementation of this regulation must not jeopardise the level of special support from which the outermost regions have benefited up to now . for that reason , so that they can implement the appropriate measures , the member states should have at their disposal sums equivalent to the support already granted by the community under regulation no 247 / 2006 . ### in order to ensure that the objectives of this regulation , and in particular the need to preserve and develop agricultural activities in the outermost regions , are satisfied , there should be a review of the sums equivalent to the support already granted by the union to the outermost regions under regulation no 247 / 2006 .


### the steps taken to ensure the programmes are implemented effectively and appropriately , including the arrangements for publicity , monitoring and evaluation , and a specified set of quantified indicators for use in programme evaluation . ### the steps taken to ensure the programmes are implemented effectively and appropriately , including the arrangements for publicity , monitoring and evaluation , and a specified set of quantified indicators for use in programme evaluation ; those steps shall include , inter alia , the creation of a committee to monitor and evaluate actions in support of local production ;


### exported to third countries as part of regional trade in accordance with the destinations and conditions determined by the commission by means of an implementing act ; ### exported to third countries as part of regional trade ;


### for the purposes of this chapter , ‘ regional trade’ shall be understood as trade , for each french overseas department , with the azores and madeira and the canary islands , with third countries established by the commission by means of an implementing act . ### for the purposes of this chapter , ‘ regional trade’ shall be understood as trade , for each french overseas department and the azores and madeira and the canary islands , with third countries .


### the aid amount established for each measure or action in order to achieve one or more objectives for the programme . ### the aid amount established for each measure and the provisional amount for each action in order to achieve one or more objectives for the programme .


### notwithstanding article 39 of regulation no 1698 / 2005 , the maximum annual amounts eligible for european union aid , as set out in annex i to that regulation , may be increased up to twofold in the case of the measure to protect lakes in the azores and the measure to preserve the landscape and traditional features of agricultural land and the conservation of stone walls supporting terraces in madeira . ### notwithstanding article 39 of regulation no 1698 / 2005 , the maximum annual amounts eligible for european union aid , as set out in annex i to that regulation , may be increased up to twofold in the case of the measure to protect lakes in the azores and the measure to preserve the landscape and traditional features of agricultural land and the conservation of stone walls supporting terraces on madeira and the canary islands .


### where applicable , provisions for an intended use of a construction product in a member state , aimed at fulfilling basic requirements for construction works , determine the essential characteristics the performance of which should be declared . ### where applicable , provisions for an intended use or uses of a construction product in a member state , aimed at fulfilling basic requirements for construction works , determine the essential characteristics the performance of which should be declared .


### threshold levels determined by the commission pursuant to this regulation should be generally recognised values for the essential characteristics of the construction product in question with regard to the provisions in member states . ### threshold levels determined by the commission pursuant to this regulation for the essential characteristics of the construction product in question should ensure a high level of protection within the meaning of article 114 tfeu .


### all economic operators intervening in the supply and distribution chain should take appropriate measures to ensure that they place or make available on the market only construction products which are in compliance with the requirements of this regulation , which aim to ensure the performance of construction products and fulfil basic requirements for construction works . in particular , importers and distributors of construction products should be aware of the essential characteristics for which there are provisions on the union market , and of the specific requirements in member states in relation to the basic requirements for construction works , and should use this knowledge in their commercial transactions . ### all economic operators intervening in the supply and distribution chain should take appropriate measures to ensure that they place or make available on the market only construction products which are in compliance with the requirements of this regulation , which aim to ensure the performance of construction products and fulfil basic requirements for construction works . in particular , importers and distributors of construction products should be aware of the essential characteristics for which there are provisions on the union market , and of the specific requirements in member states in relation to the basic requirements for construction works , and should use this knowledge in their commercial transactions , in order to minimise the occurrence of unintended nonconformities of construction products with their declaration of performance and minimise the material losses .


### when a construction product is covered by a harmonised standard or a european technical assessment has been issued for it , the manufacturer shall draw up a declaration of performance when such a product is placed on the market . ### when a construction product is covered by a harmonised standard or a european assessment document has been issued for it , the manufacturer shall draw up a declaration of performance when such a product is placed on the market .


### when a construction product is covered by a harmonised standard or a european technical assessment has been issued for it , information in any form about its performance in relation to the essential characteristics , as defined in the applicable harmonised technical specification , shall be provided only if included and specified in the declaration of performance . ### when a construction product is covered by a harmonised standard or a european assessment document has been issued for it , information in any form about its performance in relation to the essential characteristics , as defined in the applicable harmonised technical specification , shall be provided only if included and specified in the declaration of performance .


### when a construction product is covered by a harmonised standard or a european technical assessment has been issued for it , information in any form about its performance in relation to the essential characteristics , as defined in the applicable harmonised technical specification , shall be provided only if included and specified in the declaration of performance . ### the manufacturer shall draw up a declaration of performance when placing on the market a construction product which is covered by a harmonised standard or for which a european technical assessment has been issued .


### by way of derogation from article 4 and in the absence of union or national provisions requiring the declaration of essential characteristics where a manufacturer intends to place a product on the market , a manufacturer may refrain from drawing up a declaration of performance when placing a construction product covered by a harmonised standard on the market where : ### by way of derogation from article 4 and in the absence of union or national provisions requiring the declaration of essential characteristics where a manufacturer intends to place a product on the market , a manufacturer may refrain from drawing up a declaration of performance where the drawing up of such a declaration is not required under national rules .


### where applicable , the performance of the construction product , by levels or classes , or in a description , in relation to its essential characteristics determined in accordance with article 3 ; ### where applicable , the performance of the construction product , by levels or classes , in a description or based on a calculation , in relation to its essential characteristics determined in accordance with article 3 ;


### where applicable , the performance of the construction product , by levels or classes , or in a description , in relation to its essential characteristics determined in accordance with article 3 ; ### where applicable , the performance of the construction product , by levels or classes , or in a description , in relation to its essential characteristics determined in accordance with article 3 , including the product ' s quantified contribution to global warming potential in the form of greenhouse gases resulting from the declared intended use or uses ;


### by way of derogation from paragraphs 1 and 2 , the content of the declaration of performance may be made available on a web site in accordance with conditions to be established by the commission by means of delegated acts in accordance with article 60 . ### by way of derogation from paragraphs 1 and 2 , the copy of the declaration of performance may be made available on a web site in accordance with conditions to be established by the commission by means of delegated acts in accordance with article 60 .


### the ce marking shall be followed by the two last digits of the year in which it was first affixed , the name or the identifying mark and the registered address of the manufacturer , the unique identification code of the product - type , the reference number of the declaration of performance , the level or class of the performance declared , the reference to the harmonised technical specification applied , the identification number of the notified body , if applicable , and the intended use as laid down in the harmonised technical specification applied . ### the ce marking shall be followed by the two last digits of the year in which it was first affixed , the name or the identifying mark and the registered address of the manufacturer , the unique identification code of the product - type , the reference to the harmonised technical specification applied , and the address of the website where the declaration of performance can be consulted .


### before placing a construction product on the market , importers shall ensure that the assessment and the verification of constancy of performance has been carried out by the manufacturer . they shall ensure that the manufacturer has drawn up the technical documentation referred to in the second subparagraph of article 11 and the declaration of performance in accordance with articles 4 , 6 and 7 . they shall also ensure that the product , where required , bears the ce marking , that the product is accompanied by the required documents and that the manufacturer has complied with the requirements set out in article 11 and . ### before placing a construction product on the market , importers shall ensure that the assessment and the verification of constancy of performance has been carried out by the manufacturer , in accordance with the applicable basic works requirements and the essential characteristics relevant for the intended use . they shall ensure that the manufacturer has drawn up the technical documentation referred to in the second subparagraph of article 11 and the declaration of performance in accordance with articles 4 , 6 and 7 . they shall also ensure that the product , where required , bears the ce marking , that the product is accompanied by the required documents and that the manufacturer has complied with the requirements set out in article 11 and .


### where an importer considers or has reason to believe that the construction product is not in conformity with the declaration of performance or not in compliance with other applicable requirements in this regulation , he shall not place the construction product on the market until it conforms to the accompanying declaration of performance and it complies with the other applicable requirements in this regulation or until the declaration of performance is corrected . furthermore , where the construction product presents a risk , the importer shall inform the manufacturer and the market surveillance authorities thereof . ### where an importer considers or has reason to believe that the construction product is not in conformity with the declaration of performance or not in compliance with other applicable requirements in this regulation , in particular those related to the essential characteristics relevant for the declared intended use or uses , he shall not place the construction product on the market until it conforms to the accompanying declaration of performance and it complies with the other applicable requirements in this regulation or until the declaration of performance is corrected . furthermore , where the construction product presents a risk , the importer shall inform the manufacturer and the market surveillance authorities thereof .


### where a distributor considers or has reason to believe that a construction product is not in conformity with the declaration of performance or not in compliance with other applicable requirements in this regulation , he shall not make the product available on the market until it conforms to the accompanying declaration of performance and it complies with the other applicable requirements in this regulation or until the declaration of performance is corrected . furthermore , where the product presents a risk , the distributorshall inform the manufacturer or the importer thereof , and the market surveillance authorities . ### where a distributor considers or has reason to believe that a construction product is not in conformity with the declaration of performance or not in compliance with other applicable requirements in this regulation , in particular those related to the essential characteristics relevant for the declared intended use or uses , he shall not make the product available on the market until it conforms to the accompanying declaration of performance and it complies with the other applicable requirements in this regulation or until the declaration of performance is corrected . furthermore , where the product presents a risk , the distributorshall inform the manufacturer or the importer thereof , and the market surveillance authorities .


### construction works as a whole and in their separate parts must be fit for their intended use . subject to normal maintenance , construction works must satisfy these basic requirements for construction works for an economically reasonable working life . ### construction works as a whole and in their separate parts must be fit for their intended use . subject to normal maintenance , construction works must satisfy these basic requirements for construction works for an economically reasonable working life . the essential product characteristics and the methods and criteria for ascertaining product performances with reference to the basic requirements laid down in this annex shall be determined in the technical specifications . wherever possible , harmonised european rules shall be used to show that the basic requirements are met .


### the release of dangerous substances into ground water , marine waters or soil ; ### the release of dangerous substances into ground water , marine waters , lakes , river systems or soil ;


### the construction works must be designed , built and demolished in such a way that the use of natural resources is sustainable and ensure the following : ### the construction works must be designed , built and demolished in such a way that the use of natural resources is sustainable during its life cycle and ensure the following :


### commission participation ### participation by the commission and the manufacturer


### a commission representative may participate , as observer , to all the parts of the execution of the work programme . ### a commission representative and a representative of the manufacturer may participate , as observers , in all the parts of the execution of the work programme .


### if , within fifteen working days of receipt , the commission communicates to the organisation of tabs its observations on the draft european assessment document , the organisation of tabs shall amend the draft accordingly and shall send a copy of the adopted european assessment document to the manufacturer and the commission . ### if , within fifteen working days of receipt , the commission communicates to the organisation of tabs its observations on the copy of the european assessment document , the organisation of tabs shall examine the observations and shall send a copy of the european assessment document , as then amended or not , as the case may be , to the manufacturer and the commission .


### investigating offences and bringing charges in criminal proceedings should be facilitated , to take into account the difficulty for child victims of denouncing abuse and the anonymity of offenders in cyberspace . to ensure successful investigations and prosecutions of the offences referred to in this directive , effective investigation tools should be made available to those responsible for the investigation and prosecutions of such offences . these tools may include covert operations , interception of communications , covert surveillance including electronic surveillance , monitoring of bank accounts or other financial investigations . ### investigating offences , bringing charges in criminal proceedings and identifying the offender should be facilitated , to take into account the difficulty for child victims of denouncing abuse ; the anonymity of offenders in cyberspace must not be allowed to obstruct investigations and prevent the offender from being traced without delay . member states should therefore take steps to ensure that cyberspace users remain anonymous in public but may be identified immediately in the event of an offence being committed , in particular in the online spaces in which there is the highest risk of grooming , such as social networks , forums , social platforms and blogs . to ensure successful investigations and prosecutions of the offences referred to in this directive , effective investigation tools should be made available to those responsible for the investigation and prosecutions of such offences . these tools may include covert operations , interception of communications , covert surveillance including electronic surveillance , monitoring of bank accounts or other financial investigations .


### investigating offences and bringing charges in criminal proceedings should be facilitated , to take into account the difficulty for child victims of denouncing abuse and the anonymity of offenders in cyberspace . to ensure successful investigations and prosecutions of the offences referred to in this directive , effective investigation tools should be made available to those responsible for the investigation and prosecutions of such offences . these tools may include covert operations , interception of communications , covert surveillance including electronic surveillance , monitoring of bank accounts or other financial investigations . ### investigating offences and bringing charges in criminal proceedings should be facilitated , to take into account the difficulty for child victims of denouncing abuse and the anonymity of offenders in cyberspace . to ensure successful investigations and prosecutions of the offences referred to in this directive , effective investigation tools should be made available to those responsible for the investigation and prosecutions of such offences . these tools may include covert operations , interception of communications , covert surveillance including electronic surveillance , monitoring of bank accounts or other financial investigations . these investigations should be authorised by the relevant judicial authority in the member state concerned and should be carried out under the supervision of that authority .


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


### member states shall take the necessary measures to ensure that investigations into or the prosecution of the offences referred to in articles 3 to 7 are not dependent on a report or accusation being made by the victim , and that the criminal proceedings may continue even if the victim has withdrawn their statements . ### member states shall take the necessary measures to ensure that investigations into or the prosecution of the offences referred to in articles 3 to 7 are not dependent on a report or accusation being made by the victim , and that the criminal proceedings may continue even if the victim has withdrawn their statements . procedures shall be implemented in line with the legislation in force in the member states .


### member states shall take the necessary measures to ensure that effective investigative tools are available to persons , units or services responsible for investigating or prosecuting offences referred to in articles 3 to 7 , allowing the possibility of covert operations at least in those cases where the use of information and communication technology is involved . ### member states shall take the necessary measures to ensure that effective investigative tools are available to persons , units or services responsible for investigating or prosecuting offences referred to in articles 3 to 7 , allowing the possibility of covert operations at least in those cases where the use of information and communication technology is involved . these measures shall be subject to prior authorisation by the relevant judicial authority in the member state concerned and shall be carried out under the supervision of that authority .


### member states shall take the necessary measures to enable investigative units or services to attempt to identify the victims of the offences referred to in articles 3 to 7 , in particular by analysing child pornography material , such as photographs and audiovisual recordings transmitted or made available by means of information and communication technology . ### member states shall take the necessary measures to enable investigative units or services to attempt to identify without delay the victims of the offences referred to in articles 3 to 7 , in particular by analysing child pornography material , such as photographs and audiovisual recordings transmitted or made available by means of information and communication technology .


### blocking access to websites containing child pornography ### removal of websites containing child sexual abuse material


### without prejudice to the above , member states shall take the necessary measures to obtain the removal of internet pages containing or disseminating child pornography . ### without prejudice to the above , member states shall take the appropriate law enforcement measures to notify member states rapidly about the existence of child sexual abuse material and obtain its removal .


### in order to promote supervisory convergences in the assessment of remuneration policies and practices , the committee of european banking supervisors should ensure the existence of guidelines on sound remuneration policies in the banking sector . the committee of european securities regulators should assist in the elaboration of such guidelines to the extent that they also apply to remuneration policies for persons involved in the provision of investment services and the carrying out of investment activities by credit institutions and by investment firms within the meaning of directive 2004 / 39 / ec of the european parliament and of the council of 21 april 2004 on markets in financial instruments . ### in order to promote supervisory convergences in the assessment of remuneration policies and practices , the european banking authority should elaborate technical standards to facilitate information collection and the consistent implementation of the remuneration principles in the banking sector . the commission should be empowered to adopt delegated acts in accordance with article 290 of the treaty on the functioning of the european union to establish those standards . the european securities and markets authority should assist in the elaboration of such technical standards to the extent that they also apply to remuneration policies for persons involved in the provision of investment services and the carrying out of investment activities by credit institutions and by investment firms within the meaning of directive 2004 / 39 / ec . the eba should conduct open public consultations regarding the technical standards and analyse the potentially related costs and benefits . the eba should also request an opinion or advice from the banking stakeholder group referred to in article 22 of regulation no . . . / 2010 [ establishing the eba ] . the technical standards should be devised by taking into account proportionality as an overarching principle .


### payment of the major part of a significant bonus is deferred for an appropriate period and is linked to the future performance of the firm . ### a substantial proportion of bonus if significant is deferred over a sufficient period ; the size of the deferred proportion and the length of the deferral period is established in accordance with the business cycle , the nature of the business , its risks and the activities of the member of staff in question ; remuneration payable under deferral arrangements vests no faster than on a pro - rata basis ; at least 60&#160 ; % of significant bonus is deferred and the deferral period is no less than three years .


### payment of the major part of a significant bonus is deferred for an appropriate period and is linked to the future performance of the firm . ### payment of at least 40&#160 ; % of the bonus is deferred for a period of not less than three years and accurately reflects the nature of the business and its risks , and the activities of the member of staff in question ; at least 50&#160 ; % of that part consists of shares or share - linked instruments of the credit institution , or , for non - listed credit institutions , of other non - cash instruments where appropriate .


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


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


### in order to prevent , avoid and combat circumvention and / or abuse of the applicable rules by companies taking improper or fraudulent advantage of the freedom to provide services enshrined in the treaty and / or the application of directive 96 / 71 / ec the implementation and monitoring of the notion of posting should be improved . ### in order to prevent , avoid and combat circumvention and / or abuse of the applicable rules by companies taking improper or fraudulent advantage of the freedom to provide services enshrined in the treaty and / or the application of directive 96 / 71 / ec the implementation and monitoring of the notion of posting should be improved and more uniform criteria , facilitating a common interpretation , should be introduced at union level .


### ' competent authority ' means an authority designated by a member state to perform functions under this directive ; ### ' competent authority ' means an authority designated by a member state , in accordance with national laws and / or practices , for the purpose of implementing this directive ;


### ‘ requested authority’ means the competent authority of a member state to which a request for assistance , information , notification or recovery is made . ### ‘ requested authority’ means the competent authority of a member state to which a request for assistance , information , notification or recovery is made , as referred to in chapter vi .


### the place where posted workers are recruited , ### the place where posted workers are recruited and from which they are posted


### the place where the undertaking performs its substantial business activity and where it employs administrative staff , ### the place where the undertaking performs its business activity , which in a wider time - frame assessment is not limited to purely internal management and / or administrative activities


### member states shall take the appropriate measures to ensure that the information on the terms and conditions of employment referred to in article 3 of directive 96 / 71 / ec which are to be applied and complied with by service providers are made generally available in a clear , comprehensive and easily accessible way at a distance and by electronic means , in formats and by web standards that ensure access to persons with disabilities and to ensure that the liaison offices or the other competent national bodies referred to in article 4 of directive 96 / 71 / ec are in a position to carry out their tasks effectively . ### member states shall take the appropriate measures to ensure that the information on the terms and conditions of employment referred to in article 3 of directive 96 / 71 / ec which are to be applied and complied with by service providers , including those laid down in collective agreements , are made generally available in a clear , comprehensive and easily accessible way at a distance and by electronic means , in formats and by web standards that ensure access to persons with disabilities and to ensure that the liaison offices or the other competent national bodies referred to in article 4 of directive 96 / 71 / ec are in a position to carry out their tasks effectively .


### make the information available to workers and service providers in languages other than the national language of the country in which the services are provided , if possible in summarised leaflet form indicating the main labour conditions applicable and upon requests in formats accessible to persons with disabilities ; ### make the information available to workers and service providers in the most relevant languages other than the national language of the country in which the services are provided , if possible in summarised leaflet form indicating the main labour conditions applicable and upon requests in formats accessible to persons with disabilities ;


### the cooperation of the member states shall in particular consist in replying to reasoned requests for information and to carry out checks , inspections and investigations from competent authorities with respect to the situations of posting referred to in article 1 of directive 96 / 71 / ec , including investigation of any abuses of applicable rules on the posting of workers or possible cases of unlawful transnational activities . ### the cooperation of the member states shall in particular consist in replying without delay to reasoned requests for information and to carry out checks , inspections and investigations from competent authorities with respect to the situations of posting referred to in article 1 of directive 96 / 71 / ec , including investigation of any abuses of applicable rules on the posting of workers .


### in the event of difficulty in meeting a request for information or in carrying out checks , inspections or investigations , the member state in question shall rapidly inform the requesting member state with a view to finding a solution . ### in the event of difficulty in meeting a request for information or in carrying out checks , inspections or investigations , the member state in question shall rapidly inform the requesting member state with a view to finding a solution . in the event of any persisting problems in the exchange of information , the commission should intervene in order to assist member states in solving the problem .


### member states shall supply the information requested by other member states or the commission by electronic means as soon as possible and at the latest within 2 weeks from the reception of a request . ### member states shall supply the information requested by other member states or the commission by electronic means as soon as possible and at the latest within 2 weeks from the reception of a request . where the request is of an urgent nature , the information must be sent within three days of the reception of the request .


### competent authorities of the host member state may equally ask the competent authorities of the member state of establishment , for each instance where services are provided or for each service provider , to provide information as to the legality of the service provider’s establishment , the service provider’s good conduct , and the absence of any infringement of the applicable rules . the competent authorities of the member state of establishment shall provide this information in accordance with article 6 . ### competent authorities of the host member state may equally ask the competent authorities of the member state of establishment , for each instance where services are provided or for each service provider , to provide information as to the legality of the service provider’s establishment . the competent authorities of the member state of establishment shall provide this information in accordance with article 6 .


### a translation of the documents referred to under , may be justified provided these documents are not excessively long and standardised forms are generally used for such documents ; ### the possibility to request the translation of the documents referred to under , provided these documents are not excessively long and / or standardised forms are used for these documents


### an obligation to designate a contact person to negotiate , if necessary , on behalf of the employer with the relevant social partners in the member state to which the posting takes place , in accordance with national legislation and practice , during the period in which the services are provided . ### the possibility to request the designation of a contact person to negotiate , if necessary , on behalf of the employer with the relevant social partners in the host member state , in accordance with national legislation and practice , within the period in which the services are provided .


### member states shall provide that a contractor who has undertaken due diligence shall not be liable in accordance with paragraph 1 . such systems shall be applied in a transparent , non discriminatory and proportionate way . they may imply preventive measures taken by the contractor concerning proof provided by the subcontractor of the main working conditions applied to the posted workers as referred to in article 3 of directive 96 / 71 / ec , including pay slips and payment of wages , the respect of social security and / or taxation obligations in the member state of establishment and compliance with the applicable rules on posting of workers . ### member states may provide that a contractor who has undertaken due diligence shall not be liable in accordance with paragraph 1 . such systems , if introduced , shall be applied in a transparent , non discriminatory and proportionate way . they may imply preventive measures taken by the contractor concerning proof provided by the subcontractor of the main working conditions applied to the posted workers as referred to in article 3 of directive 96 / 71 / ec , including pay slips and payment of wages , the respect of social security and / or taxation obligations in the member state of establishment and compliance with the applicable rules on posting of workers .