### the commission may , by means of implementing acts , define the circumstances , formats and procedures for the purpose of paragraphs 1 , 2 and . 3 those implementing acts shall be adopted in accordance with the examination procedure referred to in article 39 . ### the commission may , by means of implementing acts , define the formats for the purpose of paragraphs 1 , 2 and . 3 those implementing acts shall be adopted in accordance with the examination procedure referred to in article 39 .


### bear the risk of liability for damages by maintaining sufficient financial resources or by an appropriate liability insurance scheme ; ### bear the risk of liability for damages as referred to in article 9 by maintaining sufficient financial resources or by an appropriate liability insurance scheme ;


### the commission shall be empowered to adopt delegated acts in accordance with article 38 concerning the facilitation of cross border interoperability of electronic identification means by setting of minimum technical requirements . ### the commission shall be empowered to adopt delegated acts in accordance with article 38 concerning the facilitation of cross border interoperability of electronic identification means by setting of technologically neutral minimum requirements for the different security levels .


### each member state shall establish , maintain and publish trusted lists with information related to the qualified trust service providers for which it is competent together with information related to the qualified trust services provided by them . ### each member state shall establish , maintain and publish trusted lists with information related to the qualified trust service providers referred to in article 17 for which it is competent including information allowing identification of the qualified trust service providers and an indication on their qualified status together with information related to the qualified trust services provided by them .


### if the commission receives a notification after the period referred to in paragraph 2 expired , it shall amend the list within three months . ### if the commission receives a notification after the period referred to in paragraph 2 expired , it shall amend the list within one month .


### one of the objectives of this regulation is to remove existing barriers to the cross - border use of electronic identification means used in the member states to access at least public services . this regulation does not aim at intervening on electronic identity management systems and related infrastructures established in the member states . the aim of this regulation is to ensure that for the access to cross - border online services offered by the member states , secure electronic identification and authentication is possible . ### one of the objectives of this regulation is to remove existing barriers to the cross - border use of electronic identification means used in the member states to access at least public services . this regulation does not aim at intervening on electronic identity management systems and related infrastructures established in the member states . the aim of this regulation is to ensure that for the access to cross - border online services offered by the member states , a high degree of security can be provided for electronic identification and authentication , for instance by establishing security levels adjusted according to the types of services to be accessed .


### this regulation should apply to the out - of - court resolution of contractual disputes between consumers and traders that arise from the online sale of goods or provision of services by traders across borders . it should not apply to disputes between consumers and traders that arise from the online sale of goods or provision of services if at least one of them is not established or resident in a member state of the union at the time when the consumer orders such goods or services or the trader and the consumer are established or resident in the same member state . ### this regulation should apply to the out - of - court resolution of contractual disputes between consumers and traders that arise from the sale of goods or provision of services by traders . it should not apply to disputes between consumers and traders that arise from the sale of goods or provision of services if at least one of them is not established or resident in a member state of the union at the time when the consumer orders such goods or services .


### this regulation aims at creating an online dispute resolution platform at european level . the odr platform should take the form of an interactive website offering a single point of entry to consumers and traders seeking to resolve disputes out - of - court which have arisen from a cross - border e - commerce transaction . it should allow consumers and traders to submit complaints by filling in an electronic complaint form available in all official languages of the union and transmit complaints to an alternative dispute resolution entity competent to deal with the dispute concerned . the platform should offer to adr entities and the parties the possibility of conducting the dispute resolution procedure via the platform . ### this regulation aims at creating an online signposting platform at european level . the platform should take the form of an interactive website offering a single point of entry to consumers and traders seeking to resolve disputes out - of - court . it should allow consumers and traders to submit complaints by filling in an electronic complaint form available in all official languages of the union and transmit complaints to an alternative dispute resolution entity competent to deal with the dispute concerned . the platform should offer to adr entities and the parties the possibility of conducting the dispute resolution procedure via the platform . applies throughout the text . adopting it will necessitate corresponding changes throughout . )


### access to information , including personal data , related to a dispute and stored in the database referred to in article 10 shall be granted , for the purposes referred to in article 9 , only to the adr entity to which the dispute was transmitted in accordance with article 8 . access to the same information shall be granted also to odr facilitators for the purposes referred to in article 6 . ### access to information , including personal data , related to a dispute and stored in the database referred to in article 10 shall be granted , for the purposes referred to in article 9 , only to the adr entity to which the dispute was transmitted in accordance with article 8 . access to the same information shall be granted also to the odr facilitators to which the dispute was referred for the purposes referred to in article 6 .


### this regulation should apply to the out - of - court resolution of contractual disputes between consumers and traders that arise from the online sale of goods or provision of services by traders across borders . it should not apply to disputes between consumers and traders that arise from the online sale of goods or provision of services if at least one of them is not established or resident in a member state of the union at the time when the consumer orders such goods or services or the trader and the consumer are established or resident in the same member state . ### this regulation should apply to the out - of - court resolution of contractual disputes between consumers and traders that arise from the sale of goods or provision of services by traders . it should not apply to disputes between consumers and traders that arise from the online sale of goods or provision of services if at least one of them is not established or resident in a member state of the union at the time when the consumer orders such goods or services . this regulation should be limited to complaints submitted by consumers against traders .


### this regulation shall apply to the out - of - court resolution of contractual disputes arising from the cross - border online sale of goods or provision of services between consumers and traders through the intervention of an alternative dispute resolution entity complying with directive [ office of publications please insert number of directive of the european parliament and of the council on alternative dispute resolution for consumer disputes and amending regulation no 2006 / 2004 and directive 2009 / 22 / ec ] and involving the use of a european online dispute resolution platform . ### this regulation shall apply to the out - of - court resolution of contractual disputes arising from the sale of goods or provision of services between consumers and traders through the intervention of an alternative dispute resolution entity complying with directive [ office of publications please insert number of directive of the european parliament and of the council on alternative dispute resolution for consumer disputes and amending regulation no 2006 / 2004 and directive 2009 / 22 / ec ] and involving the use of a european online platform for alternative dispute resolution .


### in order to ensure uniform conditions for the implementation of this regulation implementing powers should be conferred on the commission in respect of the functioning of the odr platform , the modalities for the submission of a complaint and co - operation within the odr facilitators ' network . those powers should be exercised in accordance with regulation no 182 / 2011 of the european parliament and of the council of 16 february 2011 laying down the rules and general principles concerning mechanisms for control by member states of the commission ' s exercise of implementing powers . the advisory procedure should be used for the adoption of implementing acts relating to the electronic complaint form given its purely technical nature . the examination procedure should be used for the adoption of the rules concerning the modalities of cooperation between the odr facilitators of the network of online dispute resolution facilitators . ### in order to ensure uniform conditions for the implementation of this regulation implementing powers should be conferred on the commission in respect of the functioning of the online signposting platform . those powers should be exercised in accordance with regulation no 182 / 2011 of the european parliament and of the council of 16 february 2011 laying down the rules and general principles concerning mechanisms for control by member states of the commission ' s exercise of implementing powers . the examination procedure should be used for the adoption of the rules concerning the modalities for the exercise of the functions of the online signposting platform .


### in order to ensure uniform conditions for the implementation of this regulation implementing powers should be conferred on the commission in respect of the functioning of the odr platform , the modalities for the submission of a complaint and co - operation within the odr facilitators ' network . those powers should be exercised in accordance with regulation no 182 / 2011 of the european parliament and of the council of 16 february 2011 laying down the rules and general principles concerning mechanisms for control by member states of the commission ' s exercise of implementing powers . the advisory procedure should be used for the adoption of implementing acts relating to the electronic complaint form given its purely technical nature . the examination procedure should be used for the adoption of the rules concerning the modalities of cooperation between the odr facilitators of the network of online dispute resolution facilitators . ### in order to ensure uniform conditions for the implementation of this regulation implementing powers should be conferred on the commission in respect of the functioning of the odr platform and co - operation within the odr facilitators ' network . those powers should be exercised in accordance with regulation no 182 / 2011 of the european parliament and of the council of 16 february 2011 laying down the rules and general principles concerning mechanisms for control by member states of the commission ' s exercise of implementing powers . the examination procedure should be used for the adoption of the rules concerning the modalities of cooperation between the odr facilitators of the network of online dispute resolution facilitators .


### access to information , including personal data , related to a dispute and stored in the database referred to in article 10 shall be granted , for the purposes referred to in article 9 , only to the adr entity to which the dispute was transmitted in accordance with article 8 . access to the same information shall be granted also to odr facilitators for the purposes referred to in article 6 . ### access to information , including personal data , related to a dispute and stored in the database referred to in article 10 shall be granted , for the purposes referred to in article 9 , only to the adr entity to which the dispute was transmitted in accordance with article 8 . access to the same information shall be granted also to odr facilitators only if this information is necessary in order to fulfil their functions as referred to in article 6 and for the purposes referred to in article 6 .


### the commission shall lay down the modalities of the electronic complaint form by means of implementing acts . those implementing acts shall be adopted in accordance with the advisory procedure referred to in article 15 . ### the commission shall be empowered to adopt delegated acts in accordance with article 16 to lay down the modalities of the electronic complaint form , taking into account technical progress .


### the commission shall be empowered to adopt delegated acts in accordance with article 16 to adapt the information listed in the annex , taking into account the criteria by which the adr entities notified to the commission in accordance with article 17 of directive … . / … / eu [ office of publications please insert number of directive of the european parliament and of the council on alternative dispute resolution for consumer disputes and amending regulation no 2006 / 2004 and directive 2009 / 22 / ec ] that deal with disputes covered by this regulation define their respective scopes of application . ### the commission shall be empowered to adopt delegated acts , after consulting the european data protection supervisor , in accordance with article 16 to adapt the information listed in the annex , taking into account the criteria by which the adr entities notified to the commission in accordance with article 17 of directive … . / … / eu [ office of publications please insert number of directive of the european parliament and of the council on alternative dispute resolution for consumer disputes and amending regulation no 2006 / 2004 and directive 2009 / 22 / ec ] that deal with disputes covered by this regulation define their respective scopes of application .


### if , following the notification of the dispute to the parties , the parties agree to institute proceedings before the entity , accomplish the conclusion of the dispute resolution procedure within 30 days from when the proceedings have been instituted . in the case of complex disputes , the adr entity may extend this time limit ; ### if , following the notification of the dispute to the parties , the parties agree to institute proceedings before the entity , accomplish the conclusion of the dispute resolution procedure within a reasonable time from when the proceedings have been instituted .


### the commission may adopt implementing measures , in accordance with the procedure referred to in article 6 , in particular , to : - determine the detailed form and modalities of origin marking . - establish a list of terms in all community languages which clearly express that goods originate in the country indicated in the marking . - determine the cases where commonly used abbreviations unmistakably indicate the country of origin and can be used for the purpose of this regulation . - determine the cases in which goods cannot or need not be marked for technical or economic reasons - determine other rules that may be required when goods are found not in compliance with this regulation . - to update of the annex to this regulation where the assessment has changed as to whether origin marking is necessary for a specific sector . ### the commission may adopt implementing measures , in accordance with the procedure referred to in article 6 , in particular , to : - determine the detailed form and modalities of origin marking . - establish a list of terms in all community languages which clearly express that goods originate in the country indicated in the marking . - determine the cases where commonly used abbreviations unmistakably indicate the country of origin and can be used for the purpose of this regulation . 2 . the commission may adopt by means of delegated acts measures to : - determine the cases in which goods cannot or need not be marked for technical reasons - determine other rules that may be required when goods are found not in compliance with this regulation . - to update of the annex to this regulation where the assessment has changed as to whether origin marking is necessary for a specific sector . such measures and any reviews thereof shall be adopted by the commission in accordance with the procedure set out in article 6a .


### goods that require marking are those listed in the annex to this regulation , and imported from third countries , except for goods originating in the territory of the european communities , bulgaria , romania , turkey , and the contracting parties of the eea agreement . goods may be exempted from origin marking , when for technical or commercial reasons , it appears impossible to mark them . ### goods may be exempted from origin marking for technical or commercial reasons . goods may also be exempted from mandatory origin marking when rules of origin determine the country of origin without providing appropriate information to the consumer . this is the case when a product is the result of a complex diversified production chain in several countries or when the value added given to the product in the country of final substantial transformation is of inferior significance .


### the country of origin of goods shall be marked on these goods . in case where goods are packaged , the marking shall be made separately on the package . the commission may adopt implementing measures , in accordance with the procedure referred to in article 6 , to determine cases in which marking on the packaging shall be accepted in lieu of marking on the goods themselves . this should , in particular , be the case where goods do normally reach the final consumer or user in their usual packaging . ### the country of origin of goods shall be marked on these goods . in case where goods are packaged , the marking shall also be made separately on the package . the commission may adopt by means of delegated acts measures to determine cases in which marking on the packaging shall be accepted in lieu of marking on the goods themselves . this should , in particular , be the case where goods do normally reach the final consumer or user in their usual packaging . such measures and any reviews thereof shall be adopted by the commission in accordance with the procedure set out in article 6a .


### in order to limit the burden on industry , trade and administration , origin marking should be made mandatory for those sectors for which the commission , based on prior consultation found that there was value added . provision should be made for an easy adaptation of the sectoral scope of this regulation . provision should also be made for the exemption of specific products for technical or economic reasons or where origin marking is otherwise unnecessary for the purpose of this regulation . this may be the case , in particular , where origin marking would damage the goods concerned , or in case of certain raw materials . ### in order to limit the burden on industry , trade and administration , origin marking should be made mandatory for those sectors for which the commission based on prior consultation found that there was value added . provision should be made for an easy reduction of the sectoral scope of this regulation . provision should also be made for the exemption of specific products for technical or economic reasons or where origin marking is otherwise unnecessary for the purpose of this regulation . this may be the case , in particular , where origin marking would damage the goods concerned , or in case of certain raw materials .


### the commission shall provide annual information on the results of the programme to the european parliament and to the council . information on consistency and complementarity with other programmes and activities at union level shall be included . the commission shall continually disseminate the results of the activities supported under the programme . all participating countries shall provide the commission with all the data and information necessary to permit the monitoring and evaluation of the programme . ### the commission shall provide the european parliament and the council , on a yearly basis , with information on the annual implementation of the programme , including the objectives achieved , the results and the key performance indicators identified in the annual programme . information on consistency and complementarity with other programmes and activities at union level shall be detailed and included in the communication . the commission shall continually disseminate , including in the relevant websites , the results of the funded actions and activities supported under the programme , in order to enhance transparency to the benefit of the eu taxpayers . all participating countries and representatives referred to in article 6 shall provide the commission with all the data and information necessary to permit the monitoring and evaluation of the annual implementation of the programme , where relevant and of the overall programme .


### this objective shall be measured , inter alia , through the amount of recoveries following fraud cases detected by joint actions and cross border operations , the increased percentage of successful joint operations , and the increased number of cases accepted by the criminal investigative authorities . ### the specific objective shall be measured taking into account the key performance indicators , inter alia , through the amount of seizures , confiscations and recoveries following fraud cases detected by joint actions and cross border operations , the increased percentage of successful joint operations , the increased number of cases accepted by the criminal investigative authorities and the increased number of specialised training .


### the commission should adopt the annual work programmes setting out the priorities , the budget breakdown and the evaluation criteria for the grants for actions . in order to ensure uniform conditions for the implementation of this regulation , implementing powers should be conferred on the commission . ### the commission should adopt the annual work programmes setting out details on the implementation of the multiannual work plan and indicative timetables for the call of proposals for the period covered by the multiannual work plan . they shall also contain a description of the actions to be financed , an indication of the amount allocated to each action , an indicative implementation timetable and the maximum rate of co - financing for grants .


### an increased transnational cooperation at the union level and in particular to the effectiveness of the cross - border operations ; ### an increased transnational cooperation and coordination at the union level and in particular to the effectiveness and efficiency of the cross - border operations ;


### in order to implement the programme the commission shall adopt annual work programmes . they shall set out the objectives pursued , the expected results , the method of implementation and their total amount . they shall also contain a description of the actions to be financed , an indication of the amount allocated to each action and an indicative implementation timetable . they shall include for grants the priorities , the essential evaluation criteria and the maximum rate of co - financing . ### the commission shall be empowered to adopt delegated acts , in accordance with article 12a concerning the establishment of multiannual work plans for the programme . the multiannual work plans shall lay down the objectives pursued the expected results , the method of implementation and their total amount . they shall include for grants the priorities and the essential evaluation criteria . 2 . in order to implement the programme the commission shall adopt annual work programmes to carry out the multiannual work plans and indicative timetables for the call of proposals for the period covered by the multiannual work plan . they shall also contain a description of the actions to be financed , an indication of the amount allocated to each action and an indicative implementation timetable . they shall include for grants the maximum rate of co - financing .


### – exchanging experience between the relevant authorities in the member states , and third countries as referred to in article 6 as well as representatives of international organisations as mentioned in article 6 , including specialised law enforcement services ; ### – exchanging experience between the relevant authorities in the member states , and third countries as referred to in article 6 as well as representatives of international public organisations as mentioned in article 6 , including specialised law enforcement services ;


### representatives of countries forming part of the stabilisation and association process for countries of south - eastern europe , the russian federation , and certain countries with which the union has concluded an agreement for mutual assistance in fraud related matters , and representatives of international and other relevant organisations , may take part in activities organised under the programme wherever this is useful for the achievement of the objectives referred to in articles 3 and 4 . these representatives shall be chosen on the basis of their skills , experience and knowledge relevant to the specific activities . ### representatives of countries forming part of the stabilisation and association process for countries of south - eastern europe , the russian federation , and certain countries and representatives of international public organisations with which the union has concluded an agreement for mutual assistance in fraud related matters , may take part in activities organised under the programme wherever this is useful for the achievement of the objectives referred to in articles 3 and 4 . the participation in the programme by these representatives shall be in accordance with the relevant provisions of regulation no xxxx / 2012 [ of the european parliament and of the council of the financial rules applicable to the general budget of the union ] .


### – exchanging experience between the relevant authorities in the member states , and third countries as referred to in article 6 as well as representatives of international organisations as mentioned in article 6 , including specialised law enforcement services ; ### – exchanging experience between the relevant authorities in the member states , and third countries as referred to in article 6 , including specialised law enforcement services , as well as representatives of international public organisations as mentioned in article 6 ;


### the co - financing rate for grants awarded under the programme shall not exceed 80 % of the eligible costs . in exceptional and duly justified cases , defined in the annual work programme referred to in article 10 , the co - financing rate shall not exceed 90 % of the eligible costs . ### the co - financing rate for grants awarded under the programme shall not be less than 50% and not exceed 80% of the eligible costs . in exceptional and duly justified cases , when the beneficiary is a research and educational institute and a non - profit taking entity , as defined in the annual work programme referred to in article 10 , the co - financing rate shall not exceed 90 % of the eligible costs . the co - financing rate for grants awarded under the programme shall not exceed 30% of the eligible costs when it concerncs the funding of the maintenance of technical material purchases under the programme . in case of funding of maintenance , the award decision shall be subject to the submission by the national authorities to the commission of a report detailing output , results and added value of the implementation of the technical equipment purchased under the programme .


### in order to ensure uniform conditions for the implementation of this directive , in particular concerning the format of ingredients reporting , the determination of products with characterising flavours or with increased levels of toxicity and addictiveness and the methodology for determining whether a tobacco product has characterising flavour , implementing powers should be conferred on the commission . those powers should be exercised in accordance with regulation no 182 / 201143 . ### in order to ensure uniform conditions for the implementation of this directive , in particular concerning the format of ingredients reporting , increased levels of toxicity and addictiveness , the commission may lay down , by means of implementing acts and in accordance with the procedure referred to in article 21 , the methodology for determining increased levels of toxicity and addictiveness of additives used .


### cover 75 % of the external area of both the front and back surface of the unit packet and any outside packaging ; ### cover 50 % of the external area of both the front and back surface of the unit packet and any outside packaging ;


### the power to adopt delegated acts referred to in articles 3 , 3 , 4 , 4 , 6 , 6 , 6 , 8 , 9 , 10 , 11 , 13 , 13 , 14 , 18 and 18 shall be conferred on the commission for an indeterminate period of time from [ office of publications : please insert the date of the entry into force of this directive ] . ### the power to adopt delegated acts referred to in articles 4 , 4 , 6 , 6 , 8 , 9 , 10 , 11 , 13 , 13 , 14 , 18 and 18 shall be conferred on the commission for an indeterminate period of time from [ office of publications : please insert the date of the entry into force of this directive ] .


### ‘ characterising flavour’ means a distinguishable aroma or taste other than tobacco , resulting from an additive or combination of additives , including but not limited to fruit , spice , herb , alcohol , candy , menthol or vanilla observable before or upon intended use of the tobacco product ; ### ‘ characterising flavour’ means a distinguishable aroma or taste other than tobacco or menthol , resulting from an additive or combination of additives , including but not limited to fruit , spice , herb , alcohol , candy or vanilla observable before or upon intended use of the tobacco product ;


### be positioned at the top edge of the unit packet and any outside packaging , and in the same direction as any other information appearing on the packaging ; ### be positioned at the bottom edge of the unit packet and any outside packaging


### the commission shall be empowered to adopt delegated acts in accordance with article 22 to adapt the maximum yields laid down in paragraph 1 , taking into account scientific development and internationally agreed standards . ### the commission may submit proposals to adapt the maximum yields laid down in paragraph 1 , taking into account scientific development and internationally agreed standards .


### ' maximum level ' or ' maximum yield ' means the maximum content or emission , including 0 , of a substance in a tobacco product measured in grams ; ### ‘ maximum level’ means the maximum content of a substance in a tobacco product measured in grams ;


### the delegation of powers referred to in articles 3 , 3 , 4 , 4 , 6 , 6 , 6 , 8 , 9 , 10 , 11 , 13 , 13 , 14 , 18 and 18 may be revoked at any time by the european parliament or by the council . a decision to revoke shall put an end to the delegation of the power specified in that decision . it shall take effect the day following the publication of the decision in the official journal of the european union or at a later date specified therein . it shall not affect the validity of any delegated acts already in force . ### the delegation of powers referred to in articles 4 , 4 , 6 , 10 , 11 , 14 , 18 and 18 may be revoked at any time by the european parliament or by the council . a decision to revoke shall put an end to the delegation of the power specified in that decision . it shall take effect the day following the publication of the decision in the official journal of the european union or at a later date specified therein . it shall not affect the validity of any delegated acts already in force .


### for cigarette packets the general warning and the information message shall be printed on the lateral sides of the unit packets . these warnings shall have a width of not less than 20 mm and a height of not less than 43 mm . for roll - your - own tobacco the information message shall be printed on the surface that becomes visible when opening the unit packet . both the general warning and the information message shall cover 50% of the surface on which they are printed . ### for cigarette packets the general warning and the information message shall be printed on the lateral sides of the unit packets . for roll - your - own tobacco the information message shall be printed on the surface that becomes visible when opening the unit packet . both the general warning and the information message shall cover 50% of the surface on which they are printed .


### the commission shall at the request of a member state or may on its own initiative determine by means of implementing acts whether a tobacco product falls within the scope of paragraph 1 . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 21 . ### the commission shall at the request of a member state or may on its own initiative determine by means of implementing acts whether a tobacco product falls within the scope of paragraph 1 , on the basis of scientific evidence . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 21 . an independent panel shall be used to assist in the decision making .


### member states shall prohibit the use of flavourings in the components of tobacco products such as filters , papers , packages , capsules or any technical features allowing modification of flavour or smoke intensity . filters and capsules shall not contain tobacco . ### member states shall regulate the use of flavourings in the components of tobacco products such as filters , papers , packages , capsules or any technical features allowing modification of flavour or smoke intensity . filters and capsules shall not contain tobacco .


### in order to ensure the integrity and the visibility of health warnings and maximise their efficacy , provisions should be made regarding the dimension of the warnings as well as regarding certain aspects of the appearance of the tobacco package , including the opening mechanism . the package and the products may mislead consumers , in particular young people , suggesting that products are less harmful . for instance , this is the case with certain texts or features , such as ‘ low - tar’ , ‘ light’ , ‘ ultra - light’ , ‘ mild’ , ‘ natural’ , ‘ organic’ , ‘ without additives’ , ‘ without flavours’ , ‘ slim’ , names , pictures , and figurative or other signs . likewise , the size and appearance of individual cigarettes can mislead consumers by creating the impression that they are less harmful . a recent study has also shown that smokers of slim cigarettes were more likely to believe that their own brand might be less harmful . this should be addressed . ### in order to ensure the integrity and the visibility of health warnings and maximise their efficacy , provisions should be made regarding the dimension of the warnings as well as regarding certain aspects of the appearance of the tobacco package , including the opening mechanism . the package and the products may mislead consumers , in particular young people , suggesting that products are less harmful . for instance , this is the case with certain texts or features , such as ‘ low - tar’ , ‘ light’ , ‘ ultra - light’ , ‘ mild’ , ‘ natural’ , ‘ organic’ , ‘ without additives’ , ‘ without flavours’ , names , pictures , and figurative or other signs .


### member states shall not prohibit the use of additives which are essential for the manufacture of tobacco products , as long as the additives do not result in a product with a characterising flavour . ### member states shall not prohibit the use of additives which are essential for the manufacture of tobacco products .


### prohibited elements and features may include but are not limited to texts , symbols , names , trade marks , figurative or other signs , misleading colours , inserts or other additional material such as adhesive labels , stickers , onserts , scratch - offs and sleeves or relate to the shape of the tobacco product itself . cigarettes with a diameter of less than 7 . 5 mm shall be deemed to be misleading . ### prohibited elements and features may include but are not limited to texts , symbols , names , trade marks , figurative or other signs or other additional material such as adhesive labels , stickers , onserts , scratch - offs and sleeves .


### ' characterising flavour ' means a distinguishable aroma or taste other than tobacco , resulting from an additive or combination of additives , including but not limited to fruit , spice , herb , alcohol , candy , menthol or vanilla observable before or upon intended use of the tobacco product ; ### ' characterising flavour ' means a distinguishable aroma or taste other than tobacco or menthol , resulting from an additive or combination of additives , including but not limited to fruit , spice , herb , alcohol , candy or vanilla observable before or upon intended use of the tobacco product ;


### the power to adopt delegated acts referred to in articles 3 , 3 , 4 , 4 , 6 , 6 , 6 , 8 , 9 , 10 , 11 , 13 , 13 , 14 , 18 and 18 shall be conferred on the commission for an indeterminate period of time from [ office of publications : please insert the date of the entry into force of this directive ] . ### the power to adopt delegated acts referred to in articles 3 , 3 , 4 , 4 , 4 , 6 , 6 , 6 , 6 , 8 , 9 , 10 , 11 , 14 , 18 and 18 shall be conferred on the commission for a period of five years from [ office of publications : please insert the date of the entry into force of this directive ] . .


### in order to ensure the integrity and the visibility of health warnings and maximise their efficacy , provisions should be made regarding the dimension of the warnings as well as regarding certain aspects of the appearance of the tobacco package , including the opening mechanism . the package and the products may mislead consumers , in particular young people , suggesting that products are less harmful . for instance , this is the case with certain texts or features , such as ‘ low - tar’ , ‘ light’ , ‘ ultra - light’ , ‘ mild’ , ' natural ' , ' organic ' , ‘ without additives’ , ‘ without flavours’ , ' slim ' , names , pictures , and figurative or other signs . likewise , the size and appearance of individual cigarettes can mislead consumers by creating the impression that they are less harmful . a recent study has also shown that smokers of slim cigarettes were more likely to believe that their own brand might be less harmful . this should be addressed . ### in order to ensure the integrity and the visibility of health warnings and maximise their efficacy , provisions should be made regarding the design characteristics of the warnings as well as regarding certain aspects of the appearance of the tobacco package , including the opening mechanism the package and the products may mislead consumers , in particular young people , suggesting that products are less harmful . for instance , this is the case with certain texts or features , such as ‘ low - tar’ , ‘ light’ , ‘ ultra - light’ , ‘ mild’ , ‘ natural’ , ‘ organic’ , ‘ without additives’ , ‘ without flavours’ , ‘ slim’ , names , pictures , and figurative or other signs . likewise , the size and appearance of individual cigarettes can mislead consumers by creating the impression that they are less harmful . a recent study has also shown that smokers of slim cigarettes were more likely to believe that their own brand might be less harmful . this should be addressed .


### in order to ensure uniform conditions for the implementation of this directive , in particular concerning the format of ingredients reporting , the determination of products with characterising flavours or with increased levels of toxicity and addictiveness and the methodology for determining whether a tobacco product has characterising flavour , implementing powers should be conferred on the commission . those powers should be exercised in accordance with regulation no 182 / 201143 . ### in order to ensure uniform conditions for the implementation of this directive , in particular concerning the format of ingredients reporting , increased levels of toxicity and addictiveness , the commission may lay down , by means of implementing acts and in accordance with the procedure referred to in article 21 , the methodology for determining increased levels of toxicity and addictiveness of additives used .


### the delegation of powers referred to in articles 3 , 3 , 4 , 4 , 6 , 6 , 6 , 8 , 9 , 10 , 11 , 13 , 13 , 14 , 18 and 18 may be revoked at any time by the european parliament or by the council . a decision to revoke shall put an end to the delegation of the power specified in that decision . it shall take effect the day following the publication of the decision in the official journal of the european union or at a later date specified therein . it shall not affect the validity of any delegated acts already in force . ### the delegation of powers referred to in articles 4 , 4 , 6 , 6 , 6 , 10 , 11 , 13 , 13 , 14 , 18 and 18 may be revoked at any time by the european parliament or by the council . a decision to revoke shall put an end to the delegation of the power specified in that decision . it shall take effect the day following the publication of the decision in the official journal of the european union or at a later date specified therein . it shall not affect the validity of any delegated acts already in force .


### member states shall not prohibit the use of additives which are essential for the manufacture of tobacco products , as long as the additives do not result in a product with a characterising flavour . ### member states shall not prohibit the use of sugar and other additives which are essential for the manufacture of tobacco products .


### the commission shall be empowered to adopt delegated acts in accordance with article 22 to adapt the methods of measurement of the tar , nicotine and carbon monoxide yields , taking into account scientific and technical developments and internationally agreed standards . ### the commission may submit proposals to adapt the maximum yields referred to in paragraph 1 , taking into account scientific developments and internationally agreed standards .


### tobacco products for smoking , other than cigarettes and roll - your - own tobacco products , which are mainly consumed by older consumers , should be granted an exemption from certain labelling requirements as long as there is no substantial change of circumstances in terms of sales volumes or consumption patterns in relation to young people . the labelling of these other tobacco products should follow specific rules . the visibility of the health warnings on smokeless tobacco products needs to be ensured . warnings should therefore be placed on the two main surfaces of smokeless tobacco product packaging . ### tobacco products for smoking , other than cigarettes and roll - your - own tobacco products should be granted an exemption from certain labelling requirements as long as there is no substantial change of circumstances in terms of sales volumes or consumption patterns in relation to young people . the labelling of these other tobacco products should follow specific rules . the visibility of the health warnings on smokeless tobacco products needs to be ensured . warnings should therefore be placed on the two main surfaces of smokeless tobacco product packaging .


### the delegation of powers referred to in articles 3 , 3 , 4 , 4 , 6 , 6 , 6 , 8 , 9 , 10 , 11 , 13 , 13 , 14 , 18 and 18 may be revoked at any time by the european parliament or by the council . a decision to revoke shall put an end to the delegation of the power specified in that decision . it shall take effect the day following the publication of the decision in the official journal of the european union or at a later date specified therein . it shall not affect the validity of any delegated acts already in force . ### the delegation of powers referred to in articles 4 , 4 , 6 , 6 , 8 , 9 , 10 , 11 , 13 , 13 , 14 , 18 and 18 may be revoked at any time by the european parliament or by the council . a decision to revoke shall put an end to the delegation of the power specified in that decision . it shall take effect the day following the publication of the decision in the official journal of the european union or at a later date specified therein . it shall not affect the validity of any delegated acts already in force .


### this regulation establishes the fund for european aid to the most deprived for the period from 1 january 2014 to 31 december 2020 and determines the objectives of the fund , the scope of its support , the financial resources available and the criteria for their allocation and lays down the rules necessary to ensure the effectiveness of the fund . ### this regulation establishes the fund for european aid to the most deprived for the period from 1&#160 ; january 2014 to 31&#160 ; december 2020 and determines the objectives of the fund , the scope of its support , the financial resources available and the criteria for their allocation and lays down the rules necessary to ensure that the fund is effective and easy to implement .


### the costs of purchasing food and basic consumer goods for personal use of homeless persons or of children ; ### the costs of purchasing food and basic consumer goods for the personal use of the final beneficiaries ;


### the fund shall support national schemes whereby food products and basic consumer goods for the personal use of homeless persons or of children are distributed to the most deprived persons through partner organisations selected by member states . ### the fund shall support national schemes whereby food products and basic consumer goods for the personal use of the most deprived persons , in particular homeless persons or children , are distributed through partner organisations selected by member states .


### ' end recipient ' means the most deprived persons receiving the food or goods and / or benefiting from the accompanying measures ; ### ' end recipient ' means the most deprived persons receiving the food or goods and benefiting from possible accompanying measures ;


### co - financing ### financing


### the operational programme of each member state should identify and justify the forms of material deprivation to be addressed , and describe the objectives and features of the assistance to the most deprived persons that will be provided through the support of national schemes . it should also include elements necessary to ensure effective and efficient implementation of the operational programme . ### amendement the operational programme of each member state should identify and justify the forms of material deprivation to be addressed , and describe the objectives and features of the assistance to the most deprived persons that will be provided through the support of national schemes . access to food should be the first deprivation to be addressed by the member states . the programme should also include elements necessary to ensure its effective and efficient implementation .


### where a public body purchases the food or basic consumer goods for personal use of homeless persons or of children and provide them to partner organisations , the costs of transporting of food or goods to the storage depots of the partner organisations at a flat rate of 1 % of the costs referred to in point ; ### where a public body purchases the food or basic consumer goods for the personal use of the final beneficiaries and provides them to partner organisations , the costs of transporting of food or goods to the storage depots of the partner organisations at a flat rate of 1 % of the costs referred to in point ;


### the global resources available for budgetary commitment from the fund for the period 2014 - 2020 shall be eur 2 500 000 000 at 2011 prices , in accordance with the annual breakdown set out in annex ii . ### the global resources available for budgetary commitment from the fund for the period 2014 - 2020 shall be eur 3&#160 ; 500&#160 ; 000&#160 ; 000 at 2011 prices , in accordance with the annual breakdown set out in annex ii .


### it is necessary to establish a maximum level of co - financing from the fund to the operational programmes to provide for a multiplier effect of union resources , while the situation of member states facing temporary budget difficulties should be addressed . ### the member states most in need of the fund are least likely to be able to afford to co - finance the measures , therefore the fund should be 100% funded by the union in order to ensure the highest possible uptake of the fund .


### member states and beneficiaries shall choose the food products and the goods on the basis of objective criteria . the selection criteria for the food products , and where appropriate for goods , shall also take into consideration climatic and environmental aspects , in particular with a view to reduction of food waste . ### member states and beneficiaries shall choose the food products and the goods on the basis of objective and fair criteria which ensure that priority is given to the provision of basic foods and goods . the selection criteria for the food products , and where appropriate for goods , shall also take into consideration climatic and environmental aspects , in particular with a view to reduction of food waste .


### ' intermediate body ' means any public or private body which acts under the responsibility of a managing or certifying authority , or which carries out duties on behalf of such an authority in relation to beneficiaries ' implementing operations ; ### ‘ intermediate body’ means any not - for - profit organisation or any public or private body , excluding commercial enterprises , which acts under the responsibility of a managing or certifying authority , or which carries out duties on behalf of such an authority in relation to beneficiaries’ implementing operations ;


### the co - financing rate at the level of the operational programme shall not be higher than 85% of the public eligible expenditure . ### the financing rate at the level of the operational programme shall be set at 100% of the public eligible expenditure .


### at the request of a member state , interim payments and payments of the final balance may be increased by 10 percentage points above the co - financing rate applicable to the operational programme . the increased rate , which can not exceed 100% , shall apply to requests for payment relating to the accounting period in which the member state has submitted its request and subsequent accounting periods during which the member state meets one of the following conditions : ### member states facing temporary budget difficulties may , on request , benefit from a co - financing rate of 100% . the increased rate , which can not exceed 100% , shall apply to requests for payment relating to the accounting period in which the member state has submitted its request and subsequent accounting periods during which the member state meets one of the following conditions :


### the fund shall support national schemes whereby food products and basic consumer goods for the personal use of homeless persons or of children are distributed to the most deprived persons through partner organisations selected by member states . ### the fund shall support national schemes whereby food products - as a first priority - and basic consumer goods for the personal use of homeless persons or of children are distributed to the most deprived persons through partner organisations selected by member states .


### the operational programme of each member state should identify and justify the forms of material deprivation to be addressed , and describe the objectives and features of the assistance to the most deprived persons that will be provided through the support of national schemes . it should also include elements necessary to ensure effective and efficient implementation of the operational programme . ### the operational programme of each member state should identify and justify the forms of material deprivation to be addressed , and describe the objectives and features of the assistance to the most deprived persons that will be provided through the support of national schemes . food insecurity should be the form of deprivation which member states tackle before all others . the programme should also include elements necessary to ensure its effective and efficient implementation .


### union budget commitments should be effected annually . in order to ensure effective programme management , it is necessary to lay down common rules for interim payment requests , the payment of the annual balance and the final balance . ### union budget commitments should be effected annually . in order to ensure effective programme management , it is necessary to lay down simple common rules for interim payment requests , the payment of the annual balance and the final balance .


### member states and beneficiaries shall choose the food products and the goods on the basis of objective criteria . the selection criteria for the food products , and where appropriate for goods , shall also take into consideration climatic and environmental aspects , in particular with a view to reduction of food waste . ### member states and beneficiaries shall choose the food products and the goods on the basis of objective criteria . the selection criteria for the food products , and where appropriate for goods , shall also take into consideration climatic , environmental and nutritional aspects , through a wider basket of products . with a view to reduction of food waste it would be desirable to increase support also through measures to recover food that is still perfectly edible but can no longer be sold by the industry , retailers and catering outlets .


### ' beneficiary ' means a public or private body responsible for initiating or initiating and implementing operations ; ### ‘ beneficiary’ means a not - for - profit organisation or a public or private body , excluding commercial enterprises , responsible for initiating or initiating and implementing operations ;


### this regulation establishes the fund for european aid to the most deprived for the period from 1 january 2014 to 31 december 2020 and determines the objectives of the fund , the scope of its support , the financial resources available and the criteria for their allocation and lays down the rules necessary to ensure the effectiveness of the fund . ### this regulation establishes the fund for european aid to the most deprived for the period from 1&#160 ; january 2014 to 31&#160 ; december 2020 and determines the objectives of the fund , the scope of its support , the financial resources available and the criteria for their allocation and lays down the rules necessary to ensure that the fund is effective and easy to implement .


### an identification of and a justification for selecting the type of material deprivation to be addressed under the operational programme and a description for each type of material deprivation addressed of the main characteristics and the objectives of the distribution of food or goods and the accompanying measures to be provided , having regard to the results of the ex ante evaluation carried out in accordance with article 14 ; ### an identification of and a justification for selecting the type of material deprivation to be addressed under the operational programme and a description for each type of material deprivation addressed of the main characteristics and the objectives of the distribution of food or goods and , possibly , the accompanying measures to be provided , having regard to the results of the ex ante evaluation carried out in accordance with article 14 ;


### an identification of and a justification for selecting the type of material deprivation to be addressed under the operational programme and a description for each type of material deprivation addressed of the main characteristics and the objectives of the distribution of food or goods and the accompanying measures to be provided , having regard to the results of the ex ante evaluation carried out in accordance with article 14 ; ### an identification of the type of material deprivation to be addressed under the operational programme and a description for each type of material deprivation addressed of the main characteristics and the objectives of the distribution of food or goods and the accompanying measures to be provided ;


### in order to improve the quality and design of each operational programme and evaluate the effectiveness and efficiency of the fund , ex ante and ex post evaluations should be conducted . those evaluations should be supplemented by surveys on the most deprived persons who have benefited from the operational programme and , if necessary , by evaluations during the programming period . the responsibilities of member states and the commission in this respect should be specified . ### in order to improve the quality and design of each operational programme and evaluate the effectiveness and efficiency of the fund , evaluations should be conducted .


### financial contributions from the egf should be primarily directed at active labour market measures aimed at reintegrating redundant workers rapidly into employment , either within or outside their initial sector of activity , including the agricultural sector . the inclusion of pecuniary allowances in a coordinated package of personalised services should therefore be restricted . ### financial contributions from the egf should be primarily directed at active labour market measures facilitating long - term employment , which aim to rapidly reintegrate redundant workers either within or outside their initial sector of activity , including the agricultural sector . the inclusion of pecuniary allowances in a coordinated package of personalised services should therefore be restricted , in addition to other measures that are the responsibility of member states or companies by virtue of national law or collective agreements .


### redundant workers should have equal access to the egf independently of their type of employment contract or employment relationship . therefore , workers with fixed term contracts and temporary agency workers made redundant as well as owner - managers of micro , small and medium - sized enterprises and self - employed workers who cease their activities and farmers who change or adjust their activities to a new market situation following trade agreements , should be regarded as redundant workers for the purposes of this regulation . ### redundant workers should have equal access to the egf independently of their type of employment contract or employment relationship . therefore , workers with fixed term contracts , temporary agency workers , owner - managers of micro - , small - and medium - sized enterprises , self - employed and farmers , who cease or adjust their current activities to a new market situation following trade agreements , should be regarded as redundant workers for the purposes of this regulation .


### the cost of investments in physical assets for self - employment and business start - up or for changing or adjusting activity may not exceed eur 35 000 . ### the cost of investments in physical assets for self - employment and business start - up or for changing or adjusting activity may not , in general terms , exceed eur 35 000 . in the agricultural sector , the commission may raise these limits by means of a delegated act adopted pursuant to article 24 .


### in order to ensure that the union’s expression of solidarity with workers is not hampered by a lack of member state co - funding resources , the co - funding rate should be modulated , with a maximum 50 % contribution to the cost of the package and its implementation as the norm , and the possibility to raise this rate to up to 65 % in the case of applications submitted by those member states on the territory of which at least one region at nuts ii level is eligible under the ' convergence ' objective of the structural funds . ### in order to ensure that the union’s expression of solidarity with workers is not hampered by a lack of member state co - funding resources , the co - funding rate should be up to 65 % .


### the commission shall , on the basis of the assessment carried out in accordance with article 8 , particularly taking into account the number of targeted workers , the proposed actions and the estimated costs , evaluate and propose as quickly as possible the amount of a financial contribution , if any , that may be made within the limits of the resources available . the amount may not exceed 50 % of the total of the estimated costs referred to in article 8 or 65 % of these costs in the case of applications submitted by a member state on the territory of which at least one region at nuts ii level is eligible under the ' convergence ' objective of the structural funds . the commission , in its assessment of such cases , will decide whether the 65 % co - funding rate is justified . ### the commission shall , on the basis of the assessment carried out in accordance with article 8 , particularly taking into account the number of targeted workers , the proposed actions and the estimated costs , evaluate and propose as quickly as possible the amount of a financial contribution , if any , that may be made within the limits of the resources available . the amount may not exceed 65 % of the total of the estimated costs referred to in article 8 .


### following the entry into force of a decision on a financial contribution in accordance with article 15 the commission shall pay the financial contribution to the member state in form of a pre - financing of at least 50 % of the union ' s financial contribution to the member state , in principle within 15 days , followed where necessary in form of intermediate and final payments . the pre - financing shall be cleared when the financial contribution is wound up in accordance with article 18 . ### following the entry into force of a decision on a financial contribution in accordance with article 15 the commission shall pay the financial contribution to the member state in form of a pre - financing of at least 60 % of the union ' s financial contribution to the member state , in principle within 15 days , followed where necessary in form of intermediate and final payments . the pre - financing shall be cleared when the financial contribution is wound up in accordance with article 18 .


### taking into account the provisional and preventive character of the measures adopted by the customs authorities in this field and the conflicting interests of the parties affected by the measures , some aspects of the procedures should be adapted to ensure a smooth application of the regulation , whilst respecting the rights of the concerned parties . thus , with respect to the various notifications envisaged by this regulation , the customs authorities should notify the most appropriate person , on the basis of the documents concerning the customs treatment or of the situation in which the goods are placed . the periods laid down in this regulation for the required notifications should be counted from the time those are sent by the customs authorities in order to align all periods of notifications sent to the concerned parties . the period allowing for a right to be heard before an adverse decision is taken should be three working days , given that the holders of decisions granting applications for action have voluntarily requested the customs authorities to take action and that the declarants or holders of the goods must be aware of the particular situation of their goods when placed under customs supervision . in the case of the specific procedure for small consignments , where consumers are likely to be directly concerned and cannot be expected to have the same level of diligence as other economic operators usually involved in the accomplishment of customs formalities , that period should be significantly extended . ### taking into account the provisional and preventive character of the measures adopted by the customs authorities in this field and the conflicting interests of the parties affected by the measures , some aspects of the procedures should be adapted to ensure a smooth application of the regulation , whilst respecting the rights of the concerned parties . thus , with respect to the various notifications envisaged by this regulation , the customs authorities should notify the most appropriate person , on the basis of the documents concerning the customs treatment or of the situation in which the goods are placed . in the case of the specific procedure for small consignments , where consumers are likely to be directly concerned and cannot be expected to have the same level of diligence as other economic operators usually involved in the accomplishment of customs formalities , the right for consumers to be heard before a decision is taken by the customs authority should be established .


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


### the declarant or holder of the goods shall be given the opportunity to express his / her point of view within 20 working days of dispatch of the decision to suspend the release of the goods or to detain them . ### the declarant or holder of the goods shall be given the opportunity to express his / her point of view within five working days of dispatch of the decision to suspend the release of the goods or to detain them .


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


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


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


### goods which are subject of an action infringing a trade mark and bear without authorisation a trade mark identical to the trade mark validly registered in respect of the same type of goods , or which cannot be distinguished in its essential aspects from such a trade mark ; ### goods , including packaging , which are subject of an action infringing a trade mark and bear without authorisation a trade mark identical to the trade mark validly registered in respect of the same type of goods , or which cannot be distinguished in its essential aspects from such a trade mark and therefore infringes the holder ' s rights under the national law of the importing state ;


### before adopting the decision of suspension of release or detention of the goods , the customs authorities may ask the holder of the decision granting the application to provide them with any relevant information . the customs authorities may also provide the holder of the decision with information about the actual or supposed number of items , their nature and images of those items as appropriate . ### before adopting the decision of suspension of release or detention of the goods , the customs authorities may ask the holder of the decision granting the application to provide them with any relevant information . the customs authorities shall also provide the holder of the decision , at his / her request , with information about the actual or supposed number of items , their nature and images of those items as appropriate .


### under the ' declaration on the trips agreement and public health ' adopted by the doha wto ministerial conference on 14 november 2001 , the trips agreement can and should be interpreted and implemented in a manner supportive of wto members ' right to protect public health and , in particular , to promote access to medicines for all . in particular with regard to medicines the passage of which across this territory of the european union , with or without transshipment , warehousing , breaking bulk , or changes in the mode or means of transport , is only a portion of a complete journey beginning and terminating beyond the territory of the union , customs authorities should , when assessing a risk of infringement of intellectual property rights , take account of any substantial likelihood of diversion of these goods onto the market of the union . ### under the ' declaration on the trips agreement and public health ' adopted by the doha wto ministerial conference on 14 november 2001 , the trips agreement can and should be interpreted and implemented in a manner supportive of wto members ' right to protect public health and , in particular , to promote access to medicines for all . without prejudice to directive 2011 / 62 / eu of the european parliament and of the council of 8 june 2011 amending directive 2001 / 83 / ec on the community code relating to medicinal products for human use , as regards the prevention of the entry into the legal supply chain of falsified medicinal products1 , for medicines the passage of which across this territory of the european union , with or without transshipment , warehousing , breaking bulk , or changes in the mode or means of transport , is only a portion of a complete journey beginning and terminating beyond the territory of the union , customs authorities should , when assessing a risk of infringement of intellectual property rights , take account of any substantial likelihood of diversion of these goods onto the market of the union . within two years of the adoption of this regulation , the commission shall assess the effectiveness of actions by customs against falsified medicinal products . _______________ 1 oj l 174 , 1 . 7 . 2011 , p . 74 .


### in order to ensure the swift enforcement of intellectual property rights , it should be provided that , where the customs authorities suspect , on the basis of adequate evidence , that goods under their supervision infringe intellectual property rights , those customs authorities may suspend the release or detain the goods whether at their own initiative or upon application , in order to enable the persons entitled to submit an application for action of the customs authorities to initiate proceedings for determining whether an intellectual property right has been infringed . ### in order to ensure the swift enforcement of intellectual property rights , it should be provided that , where the customs authorities suspect , on the basis of having sufficient reason to believe this , that goods under their supervision infringe intellectual property rights , those customs authorities may suspend the release or detain the goods whether at their own initiative or upon application , in order to enable the persons entitled to submit an application for action of the customs authorities to initiate proceedings for determining whether an intellectual property right has been infringed .


### the customs authorities may take samples and may provide samples to the holder of the decision granting the application , at his / her request , strictly for the purposes of analysis and to facilitate the subsequent procedure in relation to counterfeit and pirated goods . any analysis of those samples shall be carried out under the sole responsibility of the holder of the decision granting the application . ### the customs authorities may take samples representative of the goods as a whole and may provide such samples to the holder of the decision granting the application , at his / her request , strictly for the purposes of analysis and to facilitate the subsequent procedure in relation to counterfeit and pirated goods . any analysis of those samples shall be carried out under the sole responsibility of the holder of the decision granting the application .


### the designation by the member state of all authorities referred to in article 72 and , for information , a summary description of the management and control structure ; ### the designation by the member state of all authorities referred to in article 72 and a description of the management and control structure including the verifiability and controllability of the measure ; it is a condition for approval of the regional development programme that the commission has found the management and control structure efficient and effective ;


### support under paragraph 1 shall be equal to 120% of the annual payment that the beneficiary received under the small farmers scheme . ### the commission shall further clarify the objectives of this measure and establish clear criteria and effective controls in order to avoid abusive operations .


### – to raise union citizens ' awareness of how they can tangibly benefit from union rights and policies while living in another member state , and to stimulate their active participation in civic fora on union policies and issues ; ### –to raise union citizens ' awareness of how they can tangibly benefit from union rights and policies while living in another member state , and of what conditions must be met in order to exercise those rights ;


### a european year of citizens in 2013 will provide a very timely opportunity to raise the awareness of the general public about the rights attached to union citizenship and thus to contribute to the objective of facilitating the exercise of the right to free movement . ### a european year of citizens in 2013 will provide a very timely opportunity to raise the awareness of the general public about the rights attached to union citizenship and thus to contribute to the objective of facilitating the exercise of the right to free movement and all other union citizens’ rights . in this connection , broadly based and effective reporting on the union by all member states’ public television , radio and internet broadcasters plus stepped - up media cooperation should successfully strengthen the flow of information for citizens .


### promote the eit globally , so as to raise its attractiveness and make it a world - class body for excellence in higher education , research and innovation . ### promote the eit globally , so as to raise its business attractiveness and make it a world - class body for excellence in higher education , research and innovation .


### the commission may , by means of implementing acts , amend its control programme to take account of developments in the areas governed by the rules referred to in article 1 . any such amendment shall be communicated to the member states . ### the commission may , by means of implementing acts , amend its control programme to take account of developments in the areas governed by the rules referred to in article 1 . any such amendment shall be communicated to the member states sufficiently well in advance .


### conducting training courses for the benefit of staff from national reference laboratories and , if needed , from other official laboratories , as well as of experts from third countries ; ### conducting training courses free of charge for the benefit of staff from national reference laboratories and , if needed , providing training courses for the staff of other official laboratories , as well as of experts from third countries ;


### give all necessary assistance and provide all documentation and other technical support that commission experts request to enable them to perform controls efficiently and effectively ; ### give necessary assistance and provide documentation and other technical support for commission experts to enable them to perform controls efficiently and effectively ;


### notify the commission and the other member states and operators concerned via the traces system in addition to seeking administrative assistance in accordance with the procedures established in title iv ; ### notify the commission and the other member states and operators concerned via the traces system , including the measures to be applied , in addition to seeking administrative assistance in accordance with the procedures established in title iv ;


### where fees are established in accordance with point of article 79 , the rate of the fee to be applied to each operator shall be determined taking into account the operators ' record of compliance with the rules referred to in article 1 as ascertained through official controls , so that fees applied to consistently compliant operators are lower than those applied to other operators . ### where fees are established in accordance with article 79 , the rate of the fee to be applied to each operator shall be determined taking into account the operators ' record of compliance with the rules referred to in article 1 as ascertained through official controls , so that fees applied to consistently compliant operators are lower than those applied to other operators . the commission , by means of an implementing act , details the meaning of ' consistently compliant operators ' and ' lower ' . the implementing acts shall be adopted in accordance with the examination procedure referred to in article 141 .


### where fees are established in accordance with point of article 79 , the rate of the fee to be applied to each operator shall be determined taking into account the operators ' record of compliance with the rules referred to in article 1 as ascertained through official controls , so that fees applied to consistently compliant operators are lower than those applied to other operators . ### in determining the rate of the fee or contribution to costs to be applied to each operator , the competent authorities may take into account the operators ' record of compliance with the rules referred to in article 1 as ascertained through official controls , so that fees or contributions to costs applied to consistently compliant operators are lower than those applied to other operators .


### paragraphs 1 and 2 shall not prevent the competent authorities from publishing or making otherwise available to the public information about the outcome of official controls regarding individual operators , provided that the following conditions are met : ### paragraphs 1 and 2 shall not prevent the competent authorities from publishing or making otherwise available to the public information about the outcome of official controls regarding individual operators established on their territory , provided that the following conditions are met :


### for the purpose of ensuring that competent authorities are provided with adequate resources for the performance of official controls , the competent authorities shall collect fees to recover the costs they incur in relation to : ### for the purpose of ensuring that competent authorities are provided with resources for the performance of official controls , the competent authorities may collect fees to recover a portion of the costs they incur in relation to :


### the costs to the competent authority for which a fee is due in accordance with article 77 , indicating the breakdown of such costs per activity referred to in article 77 and per cost element referred to in article 78 ; ### the costs to the competent authority for which a fee or contribution to costs is due in accordance with article 77 , indicating the breakdown of such costs per activity referred to in article 77 and per cost element referred to in article 78 ;


### the central authorities of a member state responsible for the organisation of official controls and of other official activities , in accordance with this regulation and the rules referred to in article 1 ; ### the central authorities of a member state responsible for organising and carrying out official controls and other official activities such as issuing certificates and attestations , appointing laboratories , exchanging information in the interest of cooperation between authorities , and taking decisions on measures to remedy breaches of this regulation and the rules referred to in article 1


### the commission shall be empowered to adopt delegated acts in accordance with article 139 concerning specific rules for the performance of official controls on products of animal origin intended for human consumption and on animals intended for the production of such products to verify compliance with the rules referred to in points , , and of article 1 applicable to those products and animals , and on action to be taken by the competent authorities following official controls . those delegated acts shall lay down rules on : ### the commission shall be empowered to adopt further delegated acts in accordance with article 139 concerning specific rules for the performance of official controls on products of animal origin intended for human consumption and on animals intended for the production of such products to verify compliance with the rules referred to in points , , and of article 1 applicable to those products and animals , and on action to be taken by the competent authorities following official controls . delegated acts shall allow for the particular circumstances of small businesses and include measures to facilitate the application of haccp principles in accordance with article 5 of regulation no 852 / 2004 . those delegated acts shall lay down rules on :


### competent authorities shall perform official controls with a high level of transparency and make available to the public relevant information concerning the organisation and the performance of official controls . ### competent authorities shall perform official controls with a high level of transparency and make available to the public relevant information concerning the organisation and the performance of official controls . the information shall be published in accordance with the principle of proportionality .


### where such checks are performed on animals they shall be carried out by an official veterinarian or under his supervision . ### where such checks are performed on animals or on products of animal origin , they shall be carried out by an official veterinarian or under his supervision .


### in the absence of the union rules referred to in paragraph 1 , official laboratories shall use state - of - the - art methods for their specific analytical , testing and diagnostic needs , taking into account : ### in the absence of the union rules referred to in paragraph 1 , official laboratories shall preferably use state - of - the - art methods for their specific analytical , testing and diagnostic needs , taking into account :


### border control posts shall be located in the immediate vicinity of the point of entry into the union and in a place suitably equipped to be designated by the customs authorities in accordance with article 38 of regulation no 2913 / 92 . ### border control posts shall be located in the immediate vicinity of the point of entry into the union and in a place that is suitably equipped , in accordance with article 38 of regulation no 2913 / 92 .


### the commission shall be empowered to adopt delegated acts in accordance with article 139 concerning rules establishing the cases where and the conditions under which the ched must accompany consignments of the categories of animals and goods referred to in article 45 to the place of destination . ### the commission shall be empowered to adopt delegated acts in accordance with article 139 concerning rules establishing the cases where and the conditions under which the ched must accompany consignments of the categories of animals and goods referred to in article 45 to the place of destination . a copy of the ched shall in any case accompany consignments of the categories of animals and goods referred to in article 45 to the place of destination .


### where fees are established in accordance with point of article 79 , the rate of the fee to be applied to each operator shall be determined taking into account the operators ' record of compliance with the rules referred to in article 1 as ascertained through official controls , so that fees applied to consistently compliant operators are lower than those applied to other operators . ### where fees are established in accordance with article 77 and the necessary financial resources are available and insofar as article 78 is complied with , when the formula laid down in point of article 79 is used , the rate of the fee which may be applied to each operator may be determined taking into account the operators’ record of compliance with the rules referred to in article 1 as ascertained through official controls , so that fees applied to consistently compliant operators are lower than those applied to other operators .


### on animals and goods at all stages of production , processing and distribution ; ### on animals and goods at all stages of production , processing , marketing , and distribution ;


### member states shall ensure that financial penalties applicable to intentional violations of the provisions of this regulation and of the rules referred to in article 1 at least offset the economic advantage sought through the violation . ### member states shall ensure that financial penalties applicable to intentional violations of the provisions of this regulation and of the rules referred to in article 1 are set at at least double the economic advantage sought through the violation .


### give all necessary assistance and provide all documentation and other technical support that commission experts request to enable them to perform controls efficiently and effectively ; ### give necessary assistance and provide documentation and other technical support for commission experts to enable them to perform controls efficiently and effectively ;


### ' audit ' means a systematic and independent examination to determine whether activities and the related results of such activities comply with planned arrangements and whether these arrangements are applied effectively and are suitable to achieve objectives ; ### does not affect english version . linguistic amendment to german text .


### for the purpose of ensuring that competent authorities are provided with adequate resources for the performance of official controls , the competent authorities shall collect fees to recover the costs they incur in relation to : ### for the purpose of ensuring that competent authorities are provided with adequate resources for the performance of official controls , the competent authorities may collect fees to recover , some or all of the costs they incur in relation to :


### competent authorities shall perform official controls on all operators regularly , on a risk basis and with appropriate frequency , taking account of : ### competent authorities shall perform official controls on all undertakings regularly , on a risk basis and with appropriate frequency , taking account of :


### the amount of the fees provided for in article 77 applied to each category of operators , and for each category of official controls ; ### the amount of the fees or contributions to costs provided for in article 77 applied to each category of operators , and for each category of official controls ;


### each competent authority shall make available to the public the following information for each reference period : ### each competent authority shall at regular intervals , and at the minimum at the time of publication pursuant to article 79a , make available to the public the following information :


### mandatory fees ### fees or contributions to costs


### the competent authorities of the border control post shall finalise the ched as soon as : ### the competent authorities of the border control post shall record the decision on the consignment in the common health entry document as soon as all official controls required by article 47 have been performed .


### organise audits or inspections of such bodies or persons as necessary ; ### organise periodical and unannounced audits or inspections of such bodies or persons ;


### member states should be required to ensure that adequate financial resources are always available in order to appropriately staff and equip the competent authorities performing official controls and other official activities . although operators are primarily responsible for ensuring that their activities are carried out in compliance with union agri - food chain rules , the system of own controls that they put in place for that purpose needs to be complemented by a dedicated system of official controls maintained by each member state to ensure effective market surveillance along the agri - food chain . such a system is , by its very nature , complex and resource demanding and should be provided with a stable influx of resources for official controls , at a level appropriate to the enforcement needs at any given moment . to reduce the dependency of the official control system from public finances , competent authorities should collect fees to cover the costs they incur when performing official controls on certain operators and for certain activities for which union agri - food chain legislation requires registration or approval in accordance with union rules on the hygiene of food and feed or rules governing plant health and plant reproductive material . fees should also be collected from operators to compensate the costs of official controls performed in view of issuing an official certificate or attestation , and costs of official controls performed by the competent authorities at border control posts . ### member states should be required to ensure that adequate financial resources are always available in order to appropriately staff and equip the competent authorities performing official controls and other official activities . although operators are primarily responsible for ensuring that their activities are carried out in compliance with union agri - food chain rules , the system of own controls that they put in place for that purpose needs to be complemented by a dedicated system of official controls maintained by each member state to ensure effective market surveillance along the agri - food chain . such a system is , by its very nature , complex and resource demanding and should be provided with a stable influx of resources for official controls , at a level appropriate to the enforcement needs at any given moment . to reduce the dependency of the official control system from public finances , competent authorities should be able to collect fees or contributions to costs to cover the costs they incur when performing official controls on certain operators and for certain activities for which union agri - food chain legislation requires registration or approval in accordance with union rules on the hygiene of food and feed . fees or contributions to costs should also be collected from operators to compensate the costs of official controls performed in view of issuing an official certificate or attestation , and costs of official controls performed by the competent authorities at border control posts .


### conducting training courses for the benefit of staff from national reference laboratories and , if needed , from other official laboratories , as well as of experts from third countries ; ### conducting training courses free of charge for the benefit of staff from national reference laboratories . if needed , conducting training courses for the benefit of staff from other official laboratories , as well as of experts from third countries ;


### that a sufficient number of other samples be taken for a second expert opinion ; or , ### that a sufficient number of samples be taken and divided into three parts for the purpose of an initial analysis and , if appropriate , a second expert opinion at the request of the operator , then another final analysis , if there is a discrepancy between the two previous ones ;


### where applicable , the situation regarding animal health , zoonoses and plant health , and procedures for notifying the commission and relevant international bodies of outbreaks of animal diseases and pests of plants ; ### where applicable , the situation regarding animal health , zoonoses , and procedures for notifying the commission and relevant international bodies of outbreaks of animal diseases ;