### if the european parliament finds , in accordance with article 7 , that a european political party or a european political foundation has failed to respect the values on which the union is founded or has been the subject of a judgement which has the force of res judicata for illegal activities detrimental to the financial interests of the union as defined in article [ 93 ] of the financial regulation , or that a european political party has failed to respect the minimum rules on internal democracy required by article 4 , the european political party or the european political foundation in question may be removed from the registry , forfeit its status in accordance with article 11 , and have any ongoing decision on union funding received under this regulation withdrawn or any ongoing agreement on such funding terminated and any union funding recovered , including any unspent union funds from previous years . ### if the european parliament finds , on the basis of a judgment of the court of justice of the european union in accordance with article 7 , that a european political party or a european political foundation has failed to respect the values on which the union is founded or that a european political party has failed to respect the minimum rules on internal democracy required by article 4 , or finds that a european political party or a european political foundation has been the subject of a judgement which has the force of res judicata for illegal activities detrimental to the financial interests of the union as defined in article [ 93 ] of the financial regulation , any ongoing decision on union funding received under this regulation may be withdrawn or any ongoing agreement on such funding terminated and any union funding recovered , including any unspent union funds from previous years .


### when setting the amount of a fine imposed on a european political party or a european political foundation pursuant to paragraph 2 , the european parliament shall take into account the gravity , duration and , where relevant , recurrence of the infringement , the time that has elapsed , the intention or degree of negligence , and any measures taken to comply with the conditions and requirements of this regulation . any fine must be effective and dissuasive , and may not exceed 10% of the annual budget of the european political party or the european political foundation in question corresponding to the year in which the sanction is imposed . ### when setting the amount of a fine imposed on a european political party or a european political foundation pursuant to paragraph 2 , the european parliament shall take into account the gravity , duration and , where relevant , recurrence of the infringement , the time that has elapsed , the intention or degree of negligence , and any measures taken to comply with the conditions and requirements of this regulation , while ensuring that the amount of the fine is at least twice the value of the advantage obtained . any fine must be effective and dissuasive , and may not exceed 10% of the annual budget of the european political party or the european political foundation in question corresponding to the year in which the sanction is imposed . under certain circumstances , the fine may be paid in appropriate instalments .


### before taking a final decision related to any of the penalties in article 22 , the european parliament shall give the european political party or the european political foundation concerned the opportunity to present its observations and , where relevant and appropriate , to introduce the measures required to remedy the situation within a reasonable time period . ### before a final decision related to any of the penalties in article 22 is taken , it shall give the european political party or the european political foundation concerned the opportunity to present its observations and , where relevant and appropriate , to introduce the measures required to remedy the situation within a reasonable time period .


### the details of and reasons for any final decisions taken by the european parliament pursuant to article 22 , including , where relevant , the opinions adopted by the committee of independent eminent persons in accordance with article 7 , having due regard to the provisions of regulation no 45 / 2001 , ### the details of and reasons for any final decisions taken by the european parliament pursuant to article 22 having due regard to the provisions of regulation no 45 / 2001 ;


### compliant and trustworthy economic operators should , as ‘ authorised economic operators’ , be able to take maximum advantage of widespread use of simplification and , taking account of security and safety aspects , benefit from reduced levels of customs control . they may thus enjoy the status of authorised economic operator for customs simplifications or the status of authorised economic operator for security and safety . they may be granted one or other status , or both together . ### compliant and trustworthy economic operators who help to secure the customs clearance chain and the european union ' s financial interests should , as ' authorised economic operators ' , be able to take maximum advantage of widespread use of simplification and , taking account of security and safety aspects , should enjoy practical benefits including reduced levels of customs control . they may thus enjoy the status of authorised economic operator for customs simplifications or the status of authorised economic operator for security and safety . they may be granted one or other status , or both together .


### ‘ declaration for temporary storage’ means the act whereby a person indicates , in the prescribed form and manner , that goods are placed or intended to be placed under that procedure ; ### ‘ declaration for temporary storage’ means the act whereby a person indicates , in the prescribed form and manner , that goods are or are intended to be in temporary storage ;


### the commission may authorise the member states , on their request , to test for a limited period of time simplifications in the application of the customs legislation using electronic data - processing techniques . ### the commission may authorise one or more member states , on their request , to test for a limited period of time further simplifications in the application of the customs legislation . such tests shall be available to all members states . those simplifications shall include non - essential elements of this regulation using electronic data - processing techniques related to the following : applications and authorisations concerning a customs procedure or the status of authorised economic operator ; applications and special decisions granted in accordance with article 32 ; common risk management , as referred to in article 39 ; d ) the standard form and content of the data to be registered ; maintenance of those data , by the customs authorities of members states ; the rules for access to those data by : economic operators , other competent authorities . once the time limit of the test has expired , the commission shall undertake an evaluation in order to determine its benefits .


### the commission may authorise the member states , on their request , to test for a limited period of time simplifications in the application of the customs legislation using electronic data - processing techniques . ### the commission may authorise one or more member states , on their request , to test for a limited period of time further simplifications in the application of the customs legislation . those simplifications shall include non - essential elements of this regulation using electronic data - processing techniques related to the following : applications and authorisations concerning a customs procedure or the status of authorised economic operator ; applications and special decisions granted in accordance with article 32 ; common risk management , as referred to in article 39 ; the standard form and content of the data to be registered ; maintenance of those data , by the customs authorities of members states ; the rules for access to those data by : economic operators , other competent authorities . once the time limit of the test has expired , the commission shall undertake an evaluation in order to determine its benefits .


### the commission shall be empowered to adopt delegated acts in accordance with article 243 laying down the rules for developing , maintaining and employing the electronic systems for the exchange of the data referred to in article 15 . ### the commission shall be empowered to adopt delegated acts in accordance with article 243 laying down : the rules for developing , maintaining and employing the electronic systems for the exchange of the data referred to in article 15 ; a work programme relating to the development and deployment of the electronic systems referred to in article 15 . that work programme shall be laid down by . . . * . ____________ * oj : please enter the date : six months after the date of entry into force of this regulation .


### an economic operator who is established in the customs territory of the&#160 ; union&#160 ; and who meets the&#160 ; criteria&#160 ; set out in article 22 may apply for&#160 ; the status of authorised economic operator . the obligation to be established in the customs territory of the union may be waived in certain cases . ### an economic operator who is established in the customs territory of the&#160 ; union&#160 ; and who meets the&#160 ; criteria&#160 ; set out in article 22 may apply for&#160 ; the status of authorised economic operator .


### that of an authorised economic operator for security and safety that shall entitle the holder thereof to facilitations relating to security and safety . ### that of an authorised economic operator for security and safety that shall entitle the holder thereof to facilitations relating to security and safety . this includes fewer controls at the point of import or export and may also be taken into account for post - clearance controls .


### the criteria for the granting of the status of authorised economic operator shall be the following : a record of compliance with customs and tax requirements ; a satisfactory system of managing commercial and , where appropriate , transport records , which allows appropriate customs controls ; proven solvency ; with regard to the authorisation referred to in article 21 , practical standards of competence or professional qualifications directly related to the activity carried out ; with regard to the authorisation referred to in article 21 , appropriate security and safety standards . ### the criteria for the granting of the status of authorised economic operator shall be the following : a record of compliance with customs and tax requirements ; a satisfactory system of managing commercial and , where appropriate , transport records , which allows appropriate customs controls ; proven solvency ; with regard to the authorisation referred to in article 21 , practical standards of competence or professional qualifications directly related to the activity carried out ; with regard to the authorisation referred to in article 21 , appropriate security and safety standards . 1a . the record of compliance referred to in point of paragraph 1 shall be considered as appropriate where , over the previous three years , no serious infringement or repeated infringements of customs legislation and taxation rules governing the entry , exit , movement , storage and end - use of goods have been committed by the applicant or the person in charge of the applicant company or exercising control over its management , or the person responsible in the applicant company for customs matters .


### the commission shall be empowered to adopt delegated acts in accordance with article 243 , specifying : the rules for&#160 ; granting the status of authorised economic operator referred to in article 21&#160 ; ; the cases where the obligation for an authorised economic operator to be established in the customs territory of the union is waived in accordance with the second subparagraph of article 21 ; the facilitations referred to in article 21 . ### the commission shall be empowered to adopt delegated acts in accordance with article 243 , supplementing : &#160 ; the rules for&#160 ; granting the status of authorised economic operator referred to in article 21 ; the cases in which review of the status of an authorised economic operator is to be carried out ; the granting of authorisations for the use of simplifications by authorised economic operators ; identification of the customs authority competent for the granting of such status and authorisations ; the type and extent of facilitations that may be granted to authorised economic operators in respect of customs controls relating to security and safety ; consultation with and provision of information to other customs authorities ; the conditions under which the status of authorised economic operator may be suspended or revoked ; the conditions under which the requirement of being established in the customs territory of the union may be waived for specific categories of authorised economic operator ; 2 . those supplementing conditions referred to in paragraph 1 shall take account of the following rules covered by this regulation : the facilitations referred to in article 21 ; the rules pursuant to article 39 , professional involvement in activities covered by customs legislation ; practical standards of competence or professional qualifications directly related to the activity carried out ; the economic operator as the holder of any internationally recognised certificate issued on the basis of relevant international conventions .


### however , where the customs authorities are unable to comply with those time - limits , they shall inform the applicant of that fact before the expiry of those time - limits , stating the reasons and indicating the further period of time which they consider necessary in order to take a decision . ### the time - limit for taking a decision , as laid down in the customs legislation , shall start from the date of acceptance of the application . where the customs authorities are unable to comply with the time - limit for taking a decision , as laid down in the customs legislation , they shall inform the applicant of that fact before the expiry of the time - limit , stating the reasons and indicating the further period of time which they consider necessary to take a decision . this further period shall not exceed 30 days . without prejudice to the third subparagraph , the decision - taking customs authority may extend the time - limit for taking a decision [ as laid down in the customs legislation ] where the applicant requests such an extension to carry out adjustments in order to ensure the fulfilment of the conditions and criteria . those adjustments and the further period of time necessary to carry them out shall be communicated to the decision - taking customs authority , which shall decide about the extension .


### in certain cases the first subparagraph shall not apply . ### the first subparagraph shall not apply in the following cases : when the request for a decision , including the assignment of an economic operators registration and identification number , may not be accepted ; when it concerns a decision referred to in article 32 ; in case of refusal of the benefit of a tariff quota where the specified tariff quota volume is reached as referred to in the first subparagraph of article 49 ; when the nature or the level of the threat to the security and safety of the union and its residents , to human , animal or plant health , to the environment or to consumers so requires ; where the decision aims at securing the implementation of another decision for which this paragraph has been applied , without prejudice to the law of the member state concerned ; in case risk analysis is carried out on the basis of the entry summary declaration or the customs declaration replacing it ; in case it would prejudice investigations initiated for the purpose of combating fraud ; for decisions by the commission on whether repayment or remission is justified .


### in certain cases the customs authorities shall carry out the following : monitor compliance with a decision ; re - assess a decision ; suspend a decision which is not to be annulled , revoked or amended . ### the customs authorities shall monitor compliance with the obligations resulting from the decision and re - assess or suspend a decision in the cases specified by customs legislation .


### the customs authorities shall , upon application , take&#160 ; decisions relating to binding tariff information , or decisions relating to binding origin information . such an application shall not be accepted in any of the following circumstances : where the application is made , or has already been made , at the same or another customs office , by or on behalf of the holder of a decision in respect of the same goods and , for boi decisions , under the same circumstances determining the acquisition of origin ; where the application does not relate to any intended use of the bti or boi decision or any intended use of a customs procedure . bti or boi decisions shall be binding only in respect of the tariff classification or determination of the origin of goods . those decisions shall be binding on the customs authorities , as against the holder of the decision , only in respect of goods for which customs formalities are completed after the date on which the decision takes effect . the decisions shall be binding on the holder of the decision , as against the customs authorities , only with effect from the date on which he receives , or is deemed to have received , notification of the decision . bti or boi decisions shall be valid for a period of three years from the date on which the decision takes effect . a bti or boi decision shall cease to be valid in certain cases before the end of that period . in such cases the bti or boi decision may still be used in respect of binding contracts based upon the decision and concluded before it ceases to be valid . for the application of a bti or boi decision in the context of a particular customs procedure , the holder of the decision shall be able to prove that : in the case of a bti decision , the goods declared correspond in every respect to those described in the decision ; in the case of a boi decision , the goods in question and the circumstances determining the acquisition of origin correspond in every respect to the goods and the circumstances described in the decision . by way of derogation from article 24 and article 28 , bti and boi decisions shall be annulled where they are based on inaccurate or incomplete information from the applicants . bti and boi decisions shall be revoked in accordance with article 24 and article 29 . they may not be amended . the commission may notify the member states of the following : that the taking of bti and boi decisions , for goods whose uniform tariff classification or determination of origin is not ensured , is suspended ; that the suspension referred to under point is withdrawn . the commission may adopt decisions requesting member states to revoke bti or boi decisions , to ensure a uniform tariff classification or determination of the origin of goods . ### the customs authorities shall , upon application , take&#160 ; decisions relating to binding tariff information , decisions relating to binding origin information and decisions on binding information on the customs value of goods . such an application shall not be accepted in any of the following circumstances : where the application is made , or has already been made , at the same or another customs office , by or on behalf of the holder of a decision in respect of the same goods and , for boi decisions , under the same circumstances determining the acquisition of origin ; b ) where the application does not relate to any intended use of the bti , boi or ‘ bvi’ decision or any intended use of a customs procedure . bti , ‘ bvi’ or boi decisions shall be binding only in respect of the tariff classification , determination of the origin or customs value of goods . those decisions shall be binding on the customs authorities , as against the holder of the decision , only in respect of goods for which customs formalities are completed after the date on which the decision takes effect . the decisions shall be binding on the holder of the decision , as against the customs authorities , only with effect from the date on which he receives , or is deemed to have received , notification of the decision . bti , boi or ‘ bvi’ decisions shall be valid for a period of three years from the date on which the decision takes effect . a bti , boi or ‘ bvi’ decision shall cease to be valid in certain cases before the end of that period . in such cases the bti , boi or ‘ bvi’ decision may still be used in respect of binding contracts based upon the decision and concluded before it ceases to be valid . for the application of a bti , boi or ‘ bvi’ decision in the context of a particular customs procedure , the holder of the decision shall be able to prove that : in the case of a bti decision , the goods declared correspond in every respect to those described in the decision ; b ) in the case of a boi decision , the goods in question and the circumstances determining the acquisition of origin correspond in every respect to the goods and the circumstances described in the decision . c ) in the case of a ‘ bvi’ decision , the goods in question and the circumstances determining the communication of customs value correspond in every respect to the goods and the circumstances described in the decision . by way of derogation from article 24 and article 28 , bti , boi and ‘ bvi’ decisions shall be annulled where they are based on inaccurate or incomplete information from the applicants . bti , boi and ‘ bvi’ decisions shall be revoked in accordance with article 24 and article 29 . they may not be amended . the commission may notify the member states of the following : that the taking of bti , boi and ' bvi ' decisions , for goods whose uniform tariff classification , determination of origin or conditions for the customs value communicated are not ensured , is suspended ; b ) that the suspension referred to under point is withdrawn . the commission may adopt decisions requesting one or more member states to revoke bti , boi or ‘ bvi’ decisions , to ensure a uniform tariff classification , determination of the origin of goods or application of the customs value .


### the cases in which a bti or boi decision ceases to be valid in accordance with the second subparagraph of article 32 ; ### the cases in which a bti , boi or ' bvi ' decision ceases to be valid in accordance with the second subparagraph of article 32 ;


### the rules for using a bti or boi decision after it ceases to be valid in accordance with the second subparagraph of article 32 ; ### the rules for using a bti , boi or ‘ bvi’ decision after it ceases to be valid in accordance with the second subparagraph of article 32 ;


### customs controls shall be performed within a common risk management framework , based upon the exchange of risk information and analysis between customs administrations and establishing , common risk criteria and standards , control measures and priority control areas . ### customs controls shall be performed within a common risk management framework , based upon the exchange of risk information and analysis between customs administrations and establishing , common risk criteria and standards , control measures and priority control areas . as a general rule , to fully deliver the benefit of the authorised economic operator ' s status from fewer physical and documented - based controls related to security and safety as referred to in point of article 21 , a lower risk score shall be incorporated into the customs risk management systems .


### the commission shall adopt , by means of implementing acts , measures to ensure uniform application of the customs controls , including the exchange of risk information and analysis , common risk criteria and standards , the control measures and the priority control areas . ### the commission shall adopt , by means of implementing acts , measures to ensure uniform application of the customs controls , including the exchange of risk information and analysis , common risk criteria and standards , the control measures and the priority control areas . those measures shall not affect the general rule referred to in article 39 .


### where proof of origin of goods is provided pursuant to customs legislation or other union legislation governing specific fields , the customs authorities may , in the event of reasonable doubt , require any additional evidence needed in order to ensure that the indication of origin does comply with the rules laid down by the relevant union legislation . ### where proof of origin of goods is provided pursuant to customs legislation or other union legislation governing specific fields , the customs authorities may , in the event of reasonable doubt , require any additional evidence needed in order to ensure that the indication of origin does comply with the rules laid down by the relevant union legislation . the evidence to be proven in the union by the production of a certificate of origin issued in a third country shall fulfil the following conditions : it shall be made out by a reliable authority or agency authorised for that purpose by the country of issue ; it shall contain all the particulars necessary for identifying the goods to which it relates ; it shall certify unambiguously that the goods to which it relates originate in a specific country .


### the commission shall be empowered to adopt delegated acts in accordance article 243 , specifying : ### the commission shall be empowered to adopt delegated acts in accordance with article 243 :


### the commission shall be empowered to adopt delegated acts in accordance with article 243 , specifying : ### the commission shall be empowered to adopt delegated acts in accordance with article 243 , with a view to establish more detailed rules on the procedure regarding specific use under the temporary admission specifying :


### the commission shall be empowered to adopt delegated acts in accordance with article 243 , specifying : ### the commission shall be empowered to adopt delegated acts in accordance with article 243 , supplementing :


### in the case of goods benefiting from preferential measures adopted unilaterally by the union in respect of certain countries or territories outside the customs territory of the union or groups of such countries or territories , other than those referred to in paragraph 5 , the commission shall adopt measures laying down the rules on preferential origin . ### in the case of goods benefiting from preferential measures adopted unilaterally by the union in respect of certain countries or territories outside the customs territory of the union or groups of such countries or territories , other than those referred to in paragraph 5 , the commission shall adopt measures laying down the rules on preferential origin . the rules defining the preferential origin of goods shall be based on the criterion of whole obtention or sufficient processing operation .


### the primary basis for the customs value of goods shall be the transaction value , that is the price actually paid or payable for the goods when sold for export to the customs territory of the union , adjusted , where necessary . ### the primary basis for the customs value of goods shall be the transaction value , that is the price actually paid or payable for the goods when sold for export to the customs territory of the union , adjusted , where necessary , in accordance with paragraph 4 .


### no part of the proceeds of any subsequent resale , disposal or use of the goods by the buyer will accrue directly or indirectly to the seller , unless an appropriate adjustment can be made ; ### no part of the proceeds of any subsequent resale , disposal or use of the goods by the buyer will accrue directly or indirectly to the seller , unless an appropriate adjustment can be made in accordance with paragraph 4 ;


### they fulfil the criteria laid down in article 22 ; ### they fulfil the criteria laid down in article 22 , for as far as relevant to the authorisation ;


### they are regular users of the customs procedures involved or they fulfil the criteria laid down in article 22 . ### they are regular users of the customs procedures involved or they fulfil the criteria laid down in article 22 , for as far as relevant to the authorisation .


### where a comprehensive guarantee is to be provided for customs debts and other charges which may be incurred , an economic operator may be authorised to use a comprehensive guarantee with a reduced amount or to have a guarantee waiver provided that he fulfils the criteria laid down in article 22 and ### an economic operator may be authorised to use a comprehensive guarantee with a reduced amount or to have a guarantee waiver provided that he fulfils the criteria laid down in article 22 and


### where a comprehensive guarantee is to be provided for customs debts and other charges which may be incurred , an economic operator may be authorised to use a comprehensive guarantee with a reduced amount or to have a guarantee waiver provided that he fulfils the criteria laid down in article 22 and . ### where a comprehensive guarantee is to be provided for customs debts and other charges which may be incurred , an economic operator may be authorised to use a comprehensive guarantee with a reduced amount or to have a guarantee waiver provided that he fulfils the criteria laid down in article 22 and , for as far as relevant to the authorisation .


### where the customs debt is incurred as the result of an act which , at the time it was committed , was liable to give rise to criminal court proceedings , the three year period laid down in paragraph 1 shall be extended to a period of ten years . ### where the customs debt is incurred as the result of an act which , at the time it was committed , was liable to give rise to criminal court proceedings , the three year period laid down in paragraph 1 shall be extended to a period of five years .


### in certain cases where the competent authority considers that repayment or remission should be granted , that authority shall transmit the case to the commission for decision . ### where the customs authorities consider that repayment or remission should be granted , that authority shall transmit the case to the commission in the following cases : in case the customs authorities consider that a special situation is either exclusively the result of the commission failing in its obligations or the special situation results from both a failure of the customs authorities and of the commission ; in case the customs authorities consider that the commission has committed an error within the meaning of paragraph 1 ; and in case the circumstances of the case are related to the findings of a union investigation carried out under council regulation no 515 / 97 of 13 march 1997 on mutual assistance between the administrative authorities of the member states and cooperation between the latter and the commission to ensure the correct application of the law on customs and agricultural matters1 , or under any other union legislation or any agreement concluded by the union with countries or groups of countries in which provision is made for carrying out such union investigations ; when the amount for which the person concerned may be liable in respect of one or more import or export operations but in consequence of an error or special circumstances is eur 500 000 or more . ________ 1 oj l 82 , 22 . 3 . 1997 , p . 1 .


### where the competent authority has granted repayment or remission in error , the original customs debt shall be reinstated insofar as it is not time - barred under article 91 . ### where the customs authorities have granted repayment or remission in error , the original customs debt shall be established in accordance with article 91 .


### the entry summary declaration shall be lodged by the person responsible at the competent customs office within a specific time - limit , before the goods are brought into the customs territory of the union . ### the entry summary declaration shall be lodged by the person who brings the goods into the customs territory of the union or who assumes responsibility for the carriage of the goods into that territory .


### the commission shall be empowered to adopt delegated acts in accordance with article 243 , specifying : the rules on the procedure for lodging an entry summary declaration ; ### in the event that the world customs organisation framework of standards is amended , the commission shall be empowered to adopt delegated acts in accordance with article 243 , amending the rules on the procedure for lodging an entry summary declaration , as referred to in article 115a .


### the person presenting the goods shall make a reference to the entry summary declaration or customs declaration which has been lodged in respect of the goods , except where the lodging of such declaration is not required . ### the person presenting the goods shall make a reference to the entry summary declaration or customs declaration or declaration for temporary storage which has been lodged in respect of the goods , except where the lodging of an entry summary declaration is not required .


### where non - union goods presented to customs are not covered by an entry summary declaration , and except where the lodging of such declaration is not required , the holder of the goods shall lodge such a declaration or a customs declaration replacing it immediately . ### where non - union goods presented to customs are not covered by an entry summary declaration , and except where the lodging of such declaration is not required , one of the persons referred to in article 114 shall immediately lodge an entry summary declaration or a customs declaration or a declaration for temporary storage replacing the entry summary declaration .


### formalities after presentation ### temporary storage of goods


### obligation to place non - union goods under a customs procedure ### obligation to place goods in temporary storage under a customs procedure


### without prejudice to articles 167 , 168 and 169 non - union&#160 ; goods presented to customs shall be placed under a customs procedure . ### non - union&#160 ; goods in temporary storage shall be placed under a customs procedure or re - exported within a specific time - limit .


### except as otherwise provided , the declarant shall be free to choose the customs procedure under which he wishes to place the goods , under the conditions for that procedure , irrespective of their nature or quantity , or their country of origin , consignment or destination . ### except where otherwise provided , the declarant shall be free to choose the customs procedure under which he wishes to place the goods , under the conditions for that procedure , irrespective of their nature or quantity , or their country of origin , consignment or destination .


### all goods intended to be placed under a customs procedure , except for the free zone and the temporary storage procedures , shall be covered by a customs declaration appropriate for the particular procedure . ### all goods intended to be placed under a customs procedure , except for the free zone procedure , shall be covered by a customs declaration appropriate for the particular procedure .


### the customs authorities may authorise a person to lodge , at the customs office responsible for the place where he is established a customs declaration for goods which are presented to customs at another customs office . in such cases , the customs debt shall be deemed to be incurred at the customs office at which the customs declaration is lodged . ### the customs authorities may authorise an authorized economic operator authorised under points and of article 21 to lodge , at the customs office responsible for the place where he is established a customs declaration for goods which are presented to customs at another customs office . in such cases , the customs debt shall be deemed to be incurred at the customs office at which the customs declaration is lodged .


### the&#160 ; customs authorities may authorise a person to lodge , at the customs office responsible for the place where he is established a customs declaration for goods which are presented to customs at another customs office . in such cases , the customs debt shall be deemed to be incurred at the customs office at which the customs declaration is lodged . ### the&#160 ; customs authorities may authorise a person to lodge or make available , at the customs office responsible for the place where he is established a customs declaration for goods which are presented to customs at another customs office . in such cases , the customs debt shall be deemed to be incurred at the customs office at which the customs declaration is lodged or made available .


### the customs office at which the customs declaration is lodged shall carry out the formalities for the verification of the declaration and the recovery of the amount of import or export duty corresponding to any customs debt . ### the customs office at which the customs declaration is lodged shall carry out the formalities for the verification of the declaration , and the recovery of the amount of import or export duty corresponding to any customs debt and for granting release of the goods .


### customs declarations&#160 ; which comply with the conditions laid down in this chapter shall be accepted by the customs authorities immediately , provided that the goods to which they refer have been presented to customs . ### customs declarations&#160 ; which comply with the conditions laid down in this chapter shall be accepted by the customs authorities immediately , provided that the goods to which they refer have been presented to customs . corresponding simplifications should be granted to authorised economic operators .


### the customs authorities may , upon application , authorise a person to lodge a customs declaration in the form of an entry in the declarant ' s records , provided that the customs authorities have access to those data in the declarant ' s electronic system . ### the customs authorities may , upon application , authorise a person to lodge a customs declaration in the form of an entry in the declarant ' s records , provided that the customs authorities have access to those data in the declarant ' s electronic system in the context of post - release controls under article 41 .


### the customs authorities may , upon application , waive the obligation for the goods to be presented . ### the customs authorities may , upon application , waive the obligation for the goods to be presented , in accordance with article 124 , which shall be entered in accordance with article 154 .


### storage , which shall comprise temporary storage , customs warehousing and free zones ; ### storage , which shall comprise customs warehousing and free zones ;


### the operation of storage facilities for the temporary storage or customs warehousing of goods , except where the storage facility operator is the customs authority itself . ### the operation of storage facilities for the customs warehousing of goods , except where the storage facility operator is the customs authority itself .


### the rules for the granting of the authorisation referred to in article 196 ; ### the rules for granting of the authorisation for authorised consignor , authorised consignee , the use of special seals and the rules for simplified transit procedures for movements by air and sea referred to in article 196 .


### the customs authorities may , where an economic need exists and customs supervision will not be adversely affected , authorise the storage of union goods in a storage facility for temporary storage or customs warehousing . those goods shall not be regarded as being under the temporary storage or customs warehousing procedure . ### the customs authorities may , where an economic need exists and customs supervision will not be adversely affected , authorise the storage of union goods in a storage facility for customs warehousing . those goods shall not be regarded as being under the customs warehousing procedure .


### ensuring that goods under the temporary storage or customs warehousing procedures are not removed from customs supervision ; ### ensuring that goods under customs warehousing procedures are not removed from customs supervision ;


### fulfilling the obligations arising from the storage of goods covered by the temporary storage or customs warehousing procedures ; ### fulfilling the obligations arising from the storage of goods covered by the customs warehousing procedures ;


### complying with the particular conditions specified in the authorisation for the operation of a customs warehouse or temporary storage facilities . ### complying with the particular conditions specified in the authorisation for the operation of a customs warehouse facilities .


### the holder of the procedure shall be responsible for fulfilling the obligations arising from the placing of the goods under the temporary storage or customs warehousing procedures . ### the holder of the procedure shall be responsible for fulfilling the obligations arising from the placing of the goods under the customs warehousing procedures .


### except where&#160 ; &#160 ; non - union&#160 ; goods are placed under another customs procedure , they&#160 ; shall be deemed to have been placed under&#160 ; the temporary storage procedure at the moment of their presentation to customs&#160 ; in the following cases&#160 ; : where&#160 ; goods brought into the customs territory of the union&#160 ; &#160 ; are presented to customs immediately upon their arrival in accordance with article 124 ; where goods are presented to the customs office of destination in the customs territory of the union in accordance with the rules governing the transit procedure ; where goods are brought from a free zone into another part of the customs territory of the union . ### where not otherwise declared for a customs procedure , the following non - union goods shall be deemed to be declared for the temporary storage procedure by the holder of the goods at the moment of their presentation to customs : goods which are brought into the customs territory of the union , other than directly into a free zone ; goods which are brought from a free zone into another part of the customs territory of the union ; goods for which the external transit procedure is ended . the customs declaration shall be regarded as having been lodged and accepted by the customs authorities at the moment of presentation of the goods to customs .


### a declaration for temporary storage shall be lodged by the holder of the goods at the latest at the time of their presentation to customs in accordance with paragraph 1 . that declaration may be amended or invalidated and verified by the customs authorities . ### the entry summary declaration , or a transit document replacing it , shall constitute the declaration for the temporary storage procedure . article 149 shall apply to such declarations after presentation of the goods .


### waste and scrap resulting from destruction of goods placed under the end - use procedure shall be deemed to be placed under the temporary storage procedure . ### waste and scrap resulting from destruction of goods placed under the end - use procedure shall be deemed to be in temporary storage .


### in other cases where duly justified by the type of traffic or required by international agreements . ### in other cases where duly justified by the type of traffic , kind of goods or required by international agreements .


### the commission shall be empowered to adopt delegated acts in accordance with article 243 , specifying the cases where the export formalities apply in accordance with article 233 . ### the commission shall be empowered to adopt delegated acts in accordance with article 243 , specifying : the rules governing the export procedure ; the cases where the export formalities apply in accordance with article 233 ; the rules for the granting of the authorisation referred to in article 233 .


### goods under the temporary storage procedure which are directly re - exported from a temporary storage facility ### goods in temporary storage which are directly re - exported from a temporary storage facility .


### the power to adopt delegated acts is conferred on the commission subject to the conditions laid down in this article . ### the power to adopt delegated acts is conferred on the commission subject to the conditions laid down in this article , having regard to the treaty on the functioning of the european union , and in particular article 290 thereof .


### the commission shall be assisted by the customs code committee . that committee shall be a committee within the meaning of regulation no 182 / 2011 . &#160 ; ### the commission shall be assisted by the customs code committee . that committee shall be a committee within the meaning of regulation no 182 / 2011 , having regard to the treaty on the functioning of the european union , and in particular article 291 thereof .


### where the opinion of the committee is to be obtained by written procedure and reference is made to this paragraph , that procedure shall be terminated without result only when , within the time - limit for delivery of the opinion , the chair of the committee so decides . ### the written procedure shall be terminated without result where the chair so decides or a committee member so requests . in such a case , the chair shall convene a committee meeting within a reasonable time .


### plant health is very important for plant production , public and private green , natural ecosystems , ecosystem services and biodiversity in the union . plant health is threatened by species injurious to plants and plant products , hereinafter ' pests ' . to fight that threat , it is necessary to adopt measures concerning the determination of the phytosanitary risks posed by those pests and the reduction of those risks to an acceptable level . ### plant health is very important for plant production , public and private green , natural ecosystems , ecosystem services and biodiversity in the union . plant health is threatened by species injurious to plants and plant products , hereinafter ' pests ' , which now present a greater risk of being introduced into european territory owing to globalisation of trade and climate change ; to fight that threat , it is necessary to adopt measures concerning the determination of the phytosanitary risks posed by those pests and the reduction of those risks to an acceptable level .


### the need for such measures has long been recognised . they have formed the subject of international agreements and international conventions , including the international plant protection convention of 6 december 1951 concluded at the united nations food and agricultural organisation and its new revised text approved by the food and agriculture organisation conference in november 1997 at its 29th session . the union is party to the ippc . ### the need for such measures has long been recognised . they have formed the subject of international agreements and international conventions , including the international plant protection convention of 6 december 1951 concluded at the united nations food and agricultural organisation and its new revised text approved by the food and agriculture organisation conference in november 1997 at its 29th session as well as the international convention on biological diversity of 29 december 1993 . the union is party to both the ippc and the cbd .


### in order to ensure effective and timely action in case of the presence of a union quarantine pest , notification obligations should apply to the public , professional operators and to the member states . ### in order to ensure effective and timely action in case of the presence of a union quarantine pest , notification obligations should apply to the public , professional operators and to the member states . it is essential to raise awareness of plant pests among green space workers , local authority officials , garden centres , nurseries , importers , landscape gardeners , arboriculturalists , teachers , researchers , business operators , staff of official agencies , elected representatives and ordinary citizens , and to train them in combating such pests .


### plant passports should generally be issued by the professional operator . where professional operators do not have the resources to issue plant passports , the possibility should exist that , upon their request , plant passports are issued by the competent authorities . ### plant passports should generally be issued by the competent authorities .


### certain operators may desire to establish a phytosanitary risk management plan , ensuring and demonstrating a high level of competence and awareness as regards phytosanitary risks as regards critical points in their professional activities and justifying special control arrangements with the competent authorities . union rules should be established concerning the contents of those plans . ### certain authorised operators may desire to establish a phytosanitary risk management plan , ensuring and demonstrating a high level of competence and awareness as regards phytosanitary risks as regards critical points in their professional activities and justifying special control arrangements with the competent authorities . union rules should be established concerning the contents of those plans .


### this regulation lays down rules to determine the phytosanitary risks posed by any species , strain or biotype of pathogenic agents , animals or parasitic plants injurious to plants or plant products and measures to reduce those risks to an acceptable level . ### this regulation lays down rules to determine the phytosanitary risks posed by any species , strain or biotype of pathogenic agents , animals or parasitic plants injurious to plants or plant products , including invasive alien plant species which are injurious to plants , and measures to reduce those risks to an acceptable level .


### ' plants for planting ' means plants , which are capable of and intended for producing entire plants , and which are destined to be planted , or replanted , or remain planted ; ### ' plants for planting ' : - plants which are already planted and are intended to remain planted or to be replanted after their introduction , or - plants which are not planted at the time of introduction , but are destined to be planted thereafter ;


### the commission shall , by means of an implementing act , establish a list of pests fulfilling the conditions referred to in article 3 , and in respect of the union territory , referred to as ' list of union quarantine pests ' . ### a list of pests fulfilling the conditions referred to in article 3 , and in respect of the union territory , referred to as ' list of union quarantine pests ' is set out in annex ia .


### the commission shall amend the implementing act referred to in paragraph 2 , where an assessment shows that a pest not listed in that act fulfils the conditions referred to in article 3 , and in respect of the union territory , or a pest listed in that act no longer fulfils one or more of those conditions . in the first case it shall add the pest concerned to the list referred to in paragraph 2 , in the second case it shall delete the pest concerned from that list . ### the commission shall be empowered to adopt acts in accordance with article 98 concerning the amendment of the list referred to in paragraph 2 , where an assessment shows that a pest not listed in that annex fulfils the conditions referred to in article 3 , and in respect of the union territory , or a pest listed in that annex no longer fulfils one or more of those conditions . in the first case it shall add the pest concerned to the list referred to in paragraph 2 , in the second case it shall delete the pest concerned from that list .


### the commission shall amend the implementing act referred to in paragraph 2 by amending the scientific name of a pest , where such an amendment is justified by the development of scientific knowledge . ### the commission shall be empowered to adopt acts in accordance with article 98 concerning the amendment of the scientific name of a pest included in the list referred to in paragraph 2 , where such an amendment is justified by the development of scientific knowledge .


### where the results of an assessment show that a union quarantine pest fulfils the conditions referred to in paragraph 1 , or a pest no longer fulfils one or more of those conditions , the commission shall amend the implementing act referred to in the first subparagraph by adding the pest concerned to , or removing it from , that list . ### the commission shall be empowered to adopt acts in accordance with article 98 concerning the amendment of annex ib . at annual intervals or at the request of a member state , the list of priority pests shall be reassessed on the basis of a risk analysis . where the results of assessments show that a union quarantine pest fulfils the conditions referred to in paragraph 1 , or a pest no longer fulfils one or more of those conditions , the commission shall , within three months , amend the list referred to in the first subparagraph by adding the pest concerned to , or removing it from , that list .


### on duly justified imperative grounds of urgency relating to a serious phytosanitary risk , the commission shall adopt immediately applicable implementing acts , in accordance with the procedure referred to in article 99 , listing union quarantine pests as priority pests . ### where in the case of a serious phytosanitary risk imperative grounds of urgency so require , union quarantine pests shall be listed as priority pests in accordance with the procedure provided for in article 98a .


### where the presence of a union quarantine pest is officially confirmed , the competent authority shall immediately take all necessary measures to eliminate that pest in the area concerned and to prevent its spread out of that area . those measures shall be adopted in accordance with annex iv on measures and principles for the management of the risks of pests . ### where the presence of a union quarantine pest is officially confirmed , the competent authority shall immediately take all necessary measures in line with directive 2009 / 128 / ec23f establishing a framework for community action to achieve the sustainable use of pesticides and regulation no 1107 / 200923g concerning the placing of plant protection products on the market , to eliminate that pest in the area concerned and to prevent its spread out of that area . those measures shall be adopted in accordance with annex iv on measures and principles for the management of the risks of pests . __________________ 23f oj l 309 , 24 . 11 . 2009 , p . 71 23g oj l 309 , 24 . 11 . 2009 , p . 1


### the commission shall be empowered to adopt delegated acts in accordance with article 98 , amending section 1 of annex iv on measures to manage the risks of quarantine pests , as regards the measures targeting prevention and elimination of infestation of cultivated and wild plants , measures targeting consignments of plants , plant products and other objects , measures targeting other pathways for quarantine pests , and amending section 2 of that annex on principles for the management of the risks of pests , as regards principles for the management of the risks of pests , taking into account the developments of technical and scientific knowledge . ### the commission shall be empowered to adopt delegated acts in accordance with article 98 , amending section 1 of annex iv on measures to manage the risks of quarantine pests , as regards the measures targeting prevention and elimination of infestation of cultivated and wild plants , measures targeting consignments of plants , plant products and other objects , measures targeting other pathways for quarantine pests , and amending section 2 of that annex on principles for the management of the risks of pests , as regards principles for the management of the risks of pests , taking into account the developments of technical and scientific knowledge , as well as international standards for phytosanitary measures , issued under the international plant protection convention .


### the commission shall be empowered to adopt delegated acts in accordance with article 98 , amending section 1 of annex iv on measures to manage the risks of quarantine pests , as regards the measures targeting prevention and elimination of infestation of cultivated and wild plants , measures targeting consignments of plants , plant products and other objects , measures targeting other pathways for quarantine pests , and amending section 2 of that annex on principles for the management of the risks of pests , as regards principles for the management of the risks of pests , taking into account the developments of technical and scientific knowledge . ### the commission shall be empowered to adopt delegated acts in accordance with article 98 , amending section 1 of annex iv on measures to manage the risks of quarantine pests , as regards the measures targeting prevention and elimination of infestation of cultivated and wild plants , measures targeting consignments of plants , plant products and other objects , measures targeting other pathways for quarantine pests , and amending section 2 of that annex on principles for the management of the risks of pests , as regards principles for the management of the risks of pests , taking into account the developments of technical and scientific knowledge , and international standards for phytosanitary measures , as set up by the international plant protection convention .


### the commission shall be empowered to adopt delegated acts in accordance with article 98 , amending section 1 of annex iv on measures to manage the risks of quarantine pests , as regards the measures targeting prevention and elimination of infestation of cultivated and wild plants , measures targeting consignments of plants , plant products and other objects , measures targeting other pathways for quarantine pests , and amending section 2 of that annex on principles for the management of the risks of pests , as regards principles for the management of the risks of pests , taking into account the developments of technical and scientific knowledge . ### the commission shall be empowered to adopt delegated acts in accordance with article 98 , amending section 1 of annex iv on measures to manage the risks of quarantine pests , as regards the measures targeting prevention and elimination of infestation of cultivated and wild plants , measures targeting consignments of plants , plant products and other objects , measures targeting other pathways for quarantine pests , and amending section 2 of that annex on principles for the management of the risks of pests , as regards principles for the management of the risks of pests , taking into account the developments of technical and scientific knowledge as well as international standards for phytosanitary measures , developed by the international plant protection convention .


### the commission shall be empowered to adopt delegated acts , in accordance with article 98 , amending or supplementing the elements to be covered by the multi - annual survey programmes , as set out in paragraph 1 . ### the commission shall be empowered to adopt delegated acts , in accordance with article 98 , requiring member states to amend or supplement the elements to be covered by the multi - annual survey programmes , as set out in paragraph 1 .


### each member state shall draw up and keep up to date , for each priority pest which is capable of entering into and establishing in its territory , or a part thereof , a separate plan containing information concerning the decision making processes , procedures and protocols to be followed , and resources to be made available , in case of a confirmed or suspected presence of the pest concerned , hereinafter ' the contingency plan ' . ### each member state shall draw up and keep up to date , for each priority pest which is capable of entering into and establishing in its territory , or a part thereof , a separate plan containing information concerning the decision making processes , procedures and protocols to be followed , and resources to be made available , in case of a confirmed or suspected presence of the pest concerned , hereinafter ' the contingency plan ' . member states shall at an early stage involve all relevant stakeholders in the process drawing up and keeping up to date the contingency plan .


### each member state shall draw up and keep up to date , for each priority pest which is capable of entering into and establishing in its territory , or a part thereof , a separate plan containing information concerning the decision making processes , procedures and protocols to be followed , and resources to be made available , in case of a confirmed or suspected presence of the pest concerned , hereinafter ' the contingency plan ' . ### each member state shall , after consultation with all the stakeholders concerned , draw up and keep up to date , for each priority pest which is capable of entering into and establishing in its territory , or a part thereof , a separate plan containing information concerning the decision making processes , procedures and protocols to be followed , and resources to be made available , in case of a confirmed or suspected presence of the pest concerned , hereinafter ' the contingency plan ' .


### member states shall communicate their contingency plans to the commission and to the other member states on request . ### member states shall communicate their contingency plans to the commission and to the other member states on request , and shall inform all relevant operators .


### those exercises shall take place with regards to all priority pests concerned within a reasonable period of time . ### those exercises shall take place with regard to all priority pests concerned within a reasonable period of time and with the involvement of the stakeholders concerned .


### where the presence of a priority pest is officially confirmed in the territory of a member state pursuant to article 11 , the competent authority shall immediately adopt a plan setting out the measures for the eradication of the pest concerned , as provided for in articles 16 , 17 and 18 , and a time schedule for the application of those measures . that plan is referred to as the ‘ eradication plan . ### where the presence of a priority pest is officially confirmed in the territory of a member state pursuant to article 11 , the competent authority , after consulting the operators concerned , shall immediately adopt a plan setting out the measures for the eradication of the pest concerned , as provided for in articles 16 , 17 and 18 , and a time schedule for the application of those measures . that plan is referred to as the ‘ eradication plan .


### where the presence of a priority pest is officially confirmed in the territory of a member state pursuant to article 11 , the competent authority shall immediately adopt a plan setting out the measures for the eradication of the pest concerned , as provided for in articles 16 , 17 and 18 , and a time schedule for the application of those measures . that plan is referred to as the ‘ eradication plan . ### where the presence of a priority pest is officially confirmed in the territory of a member state pursuant to article 11 , the competent authority shall immediately adopt a plan in line with the principles of sustainable use of pesticides , as defined in directive 2009 / 128 / ec23j establishing a framework for community action to achieve the sustainable use of pesticides , setting out the measures for the eradication of the pest concerned , as provided for in articles 16 , 17 and 18 , and a time schedule for the application of those measures . that plan is referred to as the ' eradication plan . __________________ 23j oj l 309 , 24 . 11 . 2009 , p . 71


### the commission may , by means of implementing acts , set out measures against specific union quarantine pests . those measures shall implement , specifically for each of the pest concerned , one or more of the following provisions : ### the commission shall be empowered to adopt delegated acts in accordance with article 98 setting out measures against specific union quarantine pests . those measures shall determine the application , specifically for each of the pest concerned , of one or more of the following provisions :


### the commission shall , by means of an implementing act , establish a list setting out the union quality pests and the specific plants for planting , as referred to in article 36 , where appropriate with the categories referred to in paragraph 4 and thresholds referred to in paragraph 5 . ### a list setting out the union quality pests and the specific plants for planting , as referred to in article 36 , where appropriate with the categories referred to in paragraph 4 and thresholds referred to in paragraph 5 is laid down in annex ic .


### where applicable , the phytosanitary certificate shall specify under the heading ‘ additional declaration’ , and in accordance with the implementing acts adopted pursuant to articles 41 and and 50 and , which specific requirement is fulfilled , where there is a choice between several options . this specification shall include a reference to the relevant option provided in those acts . ### where applicable , the phytosanitary certificate shall specify under the heading ‘ additional declaration’ , and in accordance with the implementing acts adopted pursuant to articles 41 and and 50 and , which specific requirement is fulfilled , where there is a choice between several options . this specification shall include the text of , or a reference to the relevant option provided in those acts .


### where applicable , the phytosanitary certificate shall specify under the heading ‘ additional declaration’ , and in accordance with the implementing acts adopted pursuant to articles 41 and and 50 and , which specific requirement is fulfilled , where there is a choice between several options . this specification shall include a reference to the relevant option provided in those acts . ### where applicable , the phytosanitary certificate shall specify under the heading ‘ additional declaration’ , and in accordance with the implementing acts adopted pursuant to articles 41 and and 50 and , which specific requirement is fulfilled , where there is a choice between several options . this specification shall include a reference to the relevant option provided in those acts , or the text thereof .


### the pre - export certificate shall be issued , on request of the professional operator , by the member state in which the plants , plant products or other objects were grown , produced or processed , while those plants , plant products or other objects are on the premises of the professional operator concerned . ### the pre - export certificate shall be issued , on request of the professional operator , by the member state in which the plants , plant products or other objects were grown , produced or processed , while those plants , plant products or other objects are on the premises of the professional operator concerned . the certificate may also be issued by authorised professional operators as described in article 84 .


### the delegation of power referred to in articles 1 , 7 and , 8 , 11 , 20 , 22 , 25 , 30 , 32 , 34 , 38 , 44 , 45 , 46 , 48 , 61 , 67 , 71 , 76 , 78 , 82 , 84 , 86 , 91 , 92 and , 93 , 94 , 95 and 96 shall be conferred on the commission for an indeterminate period of time from the entry into force of this regulation . ### the delegation of power referred to in articles 1 , 5 , 6 , 7 and , 8 , 11 , 20 , 22 , 25 , 27 , 30 , 32 , 34 , 37 , 38 , 44 , 45 , 46 , 48 , 61 , 67 , 71 , 76 , 78 , 82 , 84 , 86 , 91 , 92 and , 93 , 94 , 95 and 96 shall be conferred on the commission for a period of five years from the entry into force of this regulation . unless the european parliament and the council express an objection , this period shall be renewed on its expiry for a further five years .


### the delegation of power referred to in articles 1 , 7 and , 8 , 11 , 20 , 22 , 25 , 30 , 32 , 34 , 38 , 44 , 45 , 46 , 48 , 61 , 67 , 71 , 76 , 78 , 82 , 84 , 86 , 91 , 92 and , 93 , 94 , 95 and 96 may be revoked at any time by the european parliament or by the council . a decision of revocation shall put an end to the delegation of the power specified in that decision . it shall take effect the day following the publication of the decision in the official journal of the european union or at a later date specified therein . it shall not affect the validity of any delegated acts already in force . ### the delegation of power referred to in articles 1 , 5 , 6 , 7 and , 8 , 11 , 20 , 22 , 25 , 27 , 30 , 32 , 34 , 37 , 38 , 44 , 45 , 46 , 48 , 61 , 67 , 71 , 76 , 78 , 82 , 84 , 86 , 91 , 92 and , 93 , 94 , 95 and 96 may be revoked at any time by the european parliament or by the council . a decision of revocation shall put an end to the delegation of the power specified in that decision . it shall take effect the day following the publication of the decision in the official journal of the european union or at a later date specified therein . it shall not affect the validity of any delegated acts already in force .


### the following second subparagraph is added : ' for the purposes of point of the first subparagraph , the compensation shall not exceed the market value of the plants , plant products or other objects immediately before they were destroyed and the salvage value , if any , shall be deducted from the compensation . ' ### the following second subparagraph is added : ' for the purposes of point , and of the first subparagraph , the compensation shall not exceed the market value of the plants , plant products or other objects immediately before they were destroyed and the salvage value , if any , shall be deducted from the compensation . '


### there is a need to build upon the experience gained during the first decade of functioning of the economic and monetary union . ### there is a need to build upon the experience gained during the first decade of functioning of the economic and monetary union regarding macroeconomic imbalances .


### ' imbalances ' means macroeconomic developments which are adversely affecting , or have the potential adversely to affect , the proper functioning of the economy of a member state or of economic and monetary union , or of the union as a whole . ### ' imbalances ' means macroeconomic developments which are adversely affecting , or have the potential to adversely affect , the proper functioning of the economy or the competitiveness of a member state or of economic and monetary union , or of the union as a whole .


### a high general level of safety should be ensured in civil aviation in europe and all efforts should be made to reduce the number of accidents and incidents to ensure consumer confidence in air transport . ### a high general level of safety should be ensured in civil aviation in europe and all efforts should be made to reduce the number of accidents and incidents to ensure public confidence in air transport .


### given its increasing safety responsibilities , the european aviation safety agency should also participate in the exchange of data in the framework of the occurrence reporting systems ; this data should be adequately protected from unauthorised use or disclosure . ### given its increasing safety responsibilities , the european aviation safety agency should also participate in the exchange and analysis of data in the framework of the occurrence reporting systems , in cooperation with the member states ; these data should be adequately protected from unauthorised use or disclosure .


### the coordination role of safety investigation authorities should be recognised in a european context , by taking into account the already existing cooperation between them and the investigation resources available in the member states which should be used in the most cost - efficient manner ; this could be best achieved by establishing a european network of civil aviation safety investigation authorities . ### the coordination role of safety investigation authorities should be recognised and reinforced in a european context , by taking into account the already existing cooperation between them and the investigation resources available in the member states which should be used in the most cost - efficient manner ; this could be best achieved by establishing a european network of civil aviation safety investigation authorities .


### the civil aviation safety system is based on feedback and lessons learned from accidents and incidents which require strict application of confidentiality to ensure the future availability of valuable sources of information ; in this context sensitive safety information should not be used for purposes other than prevention of accidents and incidents unless there is an overriding public interest in its disclosure . ### the civil aviation safety system is based on feedback and lessons learned from accidents and incidents which require strict application of confidentiality to ensure the future availability of valuable sources of information ; in this regard , the principle of a ‘ just culture’ ought to be followed , whereby ‘ front line operators or others are not punished for actions , omissions or decisions taken by them that are commensurate with their experience and training , but where gross negligence , wilful violations and destructive acts are not tolerated’ . in this context sensitive safety information should not be used for purposes other than prevention of accidents and incidents . however , while some types of data need to be kept strictly confidential , it is important , both for the families of accident victims and for the smooth functioning of the justice system , that the courts should have access to certain data and facts useful to judicial inquiries .


### experience has shown that reliable lists of people on board an aircraft are sometimes difficult to obtain in a rapid manner and that the data contained on such lists should be protected from unauthorised use or disclosure . ### experience has shown that reliable lists of people on board an aircraft are sometimes difficult to obtain in a rapid manner but experience has also shown that it is important to establish a deadline after which an airline can be required to produce such a list . in addition , the data contained on such lists should be protected from unauthorised use or disclosure .


### directive 95 / 46 / ec should apply to the processing of personal data pursuant to this regulation . ### directive 95 / 46 / ec should apply to the processing of personal data pursuant to this regulation . attention should be paid , in this regard , to the protection of personal data whether obtained in the course of the investigation or relating to passengers , victims or their relatives .


### the measures necessary for the implementation of this regulation should be adopted in accordance with council decision 1999 / 468 / ec of 28 june 1999 laying down the procedures for the exercise of implementing powers conferred on the commission . in particular the commission should be empowered to decide on the rules of procedures and the work program of the network established under this regulation . ### uniform conditions of implementation should be ensured for the adoption of the network’s work programme and for the preparation of the network’s recommendations to the commission on an aspect of the development and implementation of european policies and rules relating to civil aviation investigations and accident prevention and assistance to the victims of air accidents and their families . in accordance with article 291 of the treaty on the functioning of the european union , rules and general principles concerning mechanisms for the control by member states of the commission’s exercise of its implementing powers shall be laid down in advance by a regulation adopted in accordance with the ordinary legislative procedure . pending the adoption of that regulation , council decision 1999 / 468 / ec of 28 june 1999 laying down the procedures for the exercise of implementing powers conferred on the commission1 shall continue to apply , with the exception of the regulatory procedure with scrutiny , which is not applicable .


### this regulation aims to improve aviation safety by ensuring a high level of efficiency and quality of european civil aviation safety investigations , the sole objective of which is the prevention of future accidents and incidents without apportioning blame or liability . ### this regulation aims – notably through the establishment of a network of civil aviation safety investigation authorities – to improve aviation safety by ensuring a high level of efficiency , expedition and quality of european civil aviation safety investigations , the sole objective of which is the prevention of future accidents and incidents without apportioning blame or liability . it also aims to establish rules on the availability of lists of all persons on board aircraft involved in accidents and to improve the assistance given to air accident victims and their families .


### ' safety investigation ' means a process conducted for the purpose of accident and incident prevention which includes the gathering and analysis of information , the drawing of conclusions , including the determination of cause and / or contributing factors and , when appropriate , the making of safety recommendations ; ### ' safety investigation ' means a process conducted for the purpose of accident and incident prevention which includes the gathering and analysis of information , the drawing of conclusions , including the determination of cause and / or concurrent factors and , when appropriate , the making of safety recommendations ;


### the extent of safety investigations referred to in paragraph 1 and the procedure to be followed in carrying out such safety investigations shall be determined by the safety investigation authority , taking into account the lessons it expects to draw from such investigations for the improvement of safety . ### the extent of safety investigations referred to in paragraphs 1 and 3 and the procedure to be followed in carrying out such safety investigations shall be determined by the safety investigation authority , taking into account the lessons it expects to draw from such investigations for the improvement of safety .


### the safety investigation authority shall be given the means required to carry out its responsibilities independently and shall be able to obtain sufficient resources to do so . in particular : ### the safety investigation authority shall be given by the respective member state the means required to carry out its responsibilities independently and shall be able to obtain sufficient resources to do so . in particular :


### the safety investigation authority shall comprise at least one investigator able to perform the function of the investigator - in - charge in the event of a major aircraft accident ; ### the safety investigation authority shall comprise at least one available investigator able to perform the function of the investigator - in - charge in the event of a major aircraft accident ;


### for the purpose of the application of paragraphs 1 and 2 , safety investigation authorities shall be assisted by the network referred to in article 7 . ### for the purpose of the application of paragraphs 1 and 2 , safety investigation authorities may be assisted by the network referred to in article 7 . specifically , the network should supply to a safety investigation authority , at its request , a list of investigators and equipment available in the other member states for potential use by the authority conducting an investigation .


### the network shall advise the national and community institutions and may issue recommendations on all aspects related to the development and implementation of civil aviation accident investigation policy and regulation . ### when the network prepares recommendations for the commission on an aspect of the development and implementation of civil aviation accident investigation policy and regulation and assistance to the victims of air accidents and their families , the commission shall refer the matter to the committee referred to in article 24 .


### the network shall submit an annual report on its activities to the european parliament , the council and the commission . the report shall be made public . ### the network shall publish an annual report on its activities and forward it to the european parliament , the council and the commission for information . this report must set out the results of the implementation of the annual work programme referred to in article 8 and its impact on improving aviation safety in the european union . the annual report must also include , for the european institutions , recommendations on issues that the network considers essential for improving aviation safety , whether at european or international level . the report shall be made public .


### the work of the network shall be organised according to its rules of procedure . the network shall elect a chairperson from among its members , for a period no longer than five years . the term of the office of the chairperson shall be renewable . ### the work of the network shall be organised according to its rules of procedure . the network shall be chaired by each of its members in turn under a rotating chairmanship that matches the presidency of the council . the network shall elect a coordinator for a renewable period of three years . the coordinator may be a member of the network , an authority responsible for safety investigations in a member state or a person with recognised experience in civil aviation safety investigation .


### the commission and easa shall be invited and may be represented at all the meetings of the network and its expert working groups , unless the chairperson of the network decides , on the basis of the criteria specified in the rules of procedure , that such participation would create a conflict of interest with the tasks of the safety investigation authorities . ### the commission and easa shall be invited and shall be represented at all the meetings of the network and its expert working groups , unless the chairperson of the network decides , on the basis of the criteria specified in the rules of procedure , that such participation would create a conflict of interest with the tasks of the safety investigation authorities .


### civil aviation safety investigation authorities from european third countries , which apply the principles set out in this regulation , shall be entitled to participate in the work of the network . the network may also invite observers from civil aviation safety investigation authorities of third countries and other experts to attend its meetings . ### civil aviation safety investigation authorities from european third countries , which apply the principles set out in this regulation , shall be entitled to participate in the work of the network , unless the chairperson or the coordinator of the network decides otherwise . the network may also invite observers from civil aviation safety investigation authorities of third countries and other experts to attend its meetings .


### participation of easa in safety investigations ### participation of easa and national civil aviation authorities in safety investigations


### safety investigation authorities of the member states shall invite easa to be represented and to participate , within the scope of its competence : ### within the scope of their competence , easa and the national civil aviation authorities shall be invited by the safety investigation authorities of the member states to be represented and to participate :


### in any safety investigation carried out in the territory of a member state ; the safety investigation authority in charge of the investigation shall release to easa information available to it , in accordance with paragraph 2 ; ### in any safety investigation carried out in the territory of a member state ; the safety investigation authority in charge of the investigation shall release to them information available to it , in accordance with paragraph 2 ;


### as an expert in any safety investigation carried out in a third country to which a safety investigation authority of a member state is invited to designate an accredited representative ; the accredited representative shall release to easa , information available to him / her , in accordance with paragraph 2 ; ### as an adviser in any safety investigation carried out in a third country to which a safety investigation authority of a member state is invited to designate an accredited representative ; the accredited representative shall release to easa and the national civil aviation authorities , within the scope of their competence , the information available to him / her , in accordance with paragraph 2 ;


### the rights of easa referred to in paragraph 1 , shall confer entitlement to participate , in all aspects of the investigation , under the control of the investigator - in - charge , and in particular to : ### the rights of easa and of the national civil aviation authorities , referred to in paragraph 1 , shall confer entitlement to participate , under the control of the investigator - in - charge , and to :


### easa shall support the investigation in which it is entitled to participate by supplying information , experts and equipment requested by the safety investigation authority in charge of the investigation referred to in paragraph 1 or by the accredited representative referred to in paragraph 1 . ### easa and the national civil aviation authorities shall support the investigation in which they are entitled to participate by supplying information , experts and equipment requested by the safety investigation authority in charge of the investigation referred to in paragraph 1 or by the accredited representative referred to in paragraph 1 . easa and the national civil aviation authorities may not make public , without the agreement of the safety investigation authority in charge of the investigation , information that they obtain in the course of the investigation , or use it for purposes other than improving aviation security .


### the safety investigation authority shall notify without delay the commission , easa and the member states concerned of the occurrence of all accidents and serious incidents of which it has been notified . ### the safety investigation authority shall notify without delay the commission , easa and the states concerned of the occurrence of all accidents and serious incidents of which it has been notified .


### the investigator - in - charge shall extend to its experts and advisers as well as to the accredited representatives , their experts and advisers the entitlements listed in paragraph 2 , to the extent necessary to enable them effective participation in the safety investigation . this is without prejudice to the rights of the investigators and experts designated by the authority in charge of the judicial inquiry . ### the investigator - in - charge is authorised to extend to its experts and advisers as well as to the accredited representatives , their experts and advisers the entitlements listed in paragraph 2 , to the extent necessary to enable them effective participation in the safety investigation . this is without prejudice to the rights of the investigators and experts designated by the authority in charge of the judicial inquiry .


### if , in the course of the safety investigation , the safety investigation authority suspects that an act of unlawful interference was involved in the accident or incident , the investigator - in - charge shall immediately inform the judicial authorities thereof , at the request of which the control of the accident site shall be transferred to these authorities . subject to articles 15 and 16 , the relevant information collected in the safety investigation shall be also transferred to these authorities upon their request . this shall be without prejudice to the right of the safety investigation authority , in coordination with the authorities to which the control of the site was transferred , to continue the safety investigation . ### if , in the course of the safety investigation , the safety investigation authority suspects that an act of unlawful interference or a deliberate act was involved in the accident or incident , the investigator - in - charge shall immediately inform the judicial authorities or the aviation security authorities as appropriate thereof , at the request of which the control of the accident site shall be transferred to these authorities . subject to articles 15 and 16 , the relevant information collected in the safety investigation shall be also transferred to these authorities upon their request . this shall be without prejudice to the right of the safety investigation authority , in coordination with the authorities to which the control of the site was transferred , to continue the safety investigation .


### to ensure proper coordination of inquires into the causes of accidents and incidents , the safety investigation authority shall cooperate with other authorities in particular through advance arrangements with the judicial , civil aviation , search and rescue and other authorities likely to be involved in the investigation . ### to ensure proper coordination of inquires into the causes of accidents and incidents , the member states shall ensure good cooperation between the safety investigation authority and other authorities likely to be involved in the investigation , such as the judicial , civil aviation , search and rescue and other authorities , on the basis of advance arrangements . those arrangements must respect the independence of the safety investigation authority and allow the technical investigation to be conducted diligently and efficiently . the arrangements must also comply with the rules laid down in this regulation , such as the rule concerning the forwarding of certain information referred to in the second sub - paragraph of article 15 of this regulation .


### the head of the safety investigation authority in charge of the safety investigation shall communicate information , pertinent to the prevention of an accident or serious incident , to authorities responsible for civil aviation safety , persons responsible for aircraft or aircraft equipment manufacture or maintenance , and to individuals or legal entities responsible for operating aircraft or for training of personnel . ### the head of the safety investigation authority in charge of the safety investigation shall communicate information , pertinent to the prevention of an accident or serious incident , to authorities responsible for civil aviation safety , particularly easa , persons responsible for aircraft or aircraft equipment manufacture or maintenance , and to individuals or legal entities responsible for operating aircraft or for training of personnel .


### at any stage of the safety investigation , the safety investigation authority shall recommend in a dated transmittal letter to the undertakings concerned , including those in other member states or third countries , any preventive action that it considers necessary to be taken promptly . ### at any stage of the safety investigation , the safety investigation authority shall recommend in a dated transmittal letter , after proper consultation with all parties responsible , including easa , the manufacturer of the aircraft concerned and the operator , to the undertakings concerned , including those in other member states or third countries , any preventive action that it considers necessary to be taken promptly .


### availability of passenger lists ### availability of passenger lists and contact with families


### the list shall not be publicly available before all families of the passengers have been informed by the relevant authorities . member states may decide to keep the list confidential . ### if a passenger has given details of a contact person as provided for under paragraph 2a , it is that contact person who must be informed of the passenger’s presence on board the aircraft involved in an accident . the list cannot be made public until all families of the passengers have been informed thereof by the relevant authorities . member states may decide to keep all or part of the list confidential , in particular if specifically requested to do so by a victim’s family member .


### the member states shall ensure that a plan for the assistance of the victims of civil aviation accidents and their families is set up at national level . ### the member state on whose territory the air accident occurred shall ensure that a plan for the assistance of the victims of civil aviation accidents and their families is set up at national level .


### including efta states , countries which have signed a treaty of accession with the union and the dependencies and territories of eea member states ### including eea states , countries which have signed a treaty of accession with the union and the dependencies and territories of eea member states


### in order to avoid distortions of competition , this derogation should only apply in respect of aircraft operators that have either not received or have returned all free allocations which have been allocated in respect of such activities in 2012 . for the same reason , these allowances should not be taken into account for the purposes of calculating entitlements to use international credits within the framework of directive 2003 / 87 / ec . ### in order to avoid distortions of competition , this derogation should only apply in respect of aircraft operators that have either not received or have returned all free allocations which have been allocated in respect of such activities in 2012 . for the same reason , these allowances should not be taken into account for the purposes of calculating entitlements to use international credits within the framework of directive 2003 / 87 / ec , with the exception of international credits acquired prior to the entry into force of this decision .


### in order to avoid distortions of competition , this derogation should only apply in respect of aircraft operators that have either not received or have returned all free allocations which have been allocated in respect of such activities in 2012 . for the same reason , these allowances should not be taken into account for the purposes of calculating entitlements to use international credits within the framework of directive 2003 / 87 / ec . ### in order to avoid distortions of competition , this derogation should only apply in respect of aircraft operators that have either not received or have returned all free allocations which have been allocated in respect of such activities in 2012 and 2013 . for the same reason , these allowances should not be taken into account for the purposes of calculating entitlements to use international credits within the framework of directive 2003 / 87 / ec .


### allowances cancelled pursuant to article 2 shall not be taken into account for the purposes of calculating entitlements to use international credits within the framework of directive 2003 / 87 / ec . ### allowances cancelled pursuant to article 2 shall not be taken into account for the purposes of calculating entitlements to use international credits within the framework of directive 2003 / 87 / ec . international credits acquired prior to the entry into force of this decision in accordance with directive 2008 / 101 / ec may be used in 2013 up to a limit of 15% of the allowances cancelled or returned .


### ‘ technical specification’ means a document that prescribes technical requirements to be fulfilled by a product , process or service ; ### ‘ technical specification’ means a document that prescribes technical requirements to be fulfilled by a product or process ;


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


### ‘ conformity assessment’ means the process demonstrating whether the essential health and safety requirements relating to a product , process , service or system have been fulfilled ; ### ‘ conformity assessment’ means the process demonstrating whether the essential health and safety requirements relating to a product , process or system have been fulfilled ;


### member states shall take all appropriate measures to ensure that products may be made available on the market and put into service only if , when properly installed and maintained and used in accordance with their intended purpose , they comply with this directive . ### member states shall take all appropriate measures to ensure that products may be made available on the market and put into service only if , when properly installed and maintained and used in accordance with their intended purpose or with a purpose that can be reasonably foreseen , they comply with this directive .


### manufacturers shall indicate their name and the address at which they can be contacted on the product or , where that is not possible , on its packaging or in a document accompanying the product . the address must indicate a single point at which the manufacturer can be contacted . ### manufacturers shall indicate their name , registered trade name or registered trade mark , their web address in a language easily understood by end - users and market surveillance authorities , and the address at which they can be contacted on the product or , where that is not possible , on its packaging or in a document accompanying the product . the address must indicate a single point at which the manufacturer can be contacted .