### member states shall ensure that the point in time of receipt is the time when the payment order initiated directly by the payer or on his behalf by a third party payment service provider or indirectly by or through a payee is received by the payer ' s payment service provider . if the point in time of receipt is not on a business day for the payer ' s payment service provider , the payment order shall be deemed to have been received on the following business day . the payment service provider may establish a cut - off time near the end of a business day beyond which any payment order received shall be deemed to have been received on the following business day . ### member states shall ensure that the point in time of receipt is the time when the payment order initiated directly by the payer or on his behalf by a third party payment service provider or indirectly by or through a payee is received by the payer ' s payment service provider . the point in time of receipt cannot be later than the point in time of debiting the payer ' s account . if the point in time of receipt is not on a business day for the payer ' s payment service provider , the payment order shall be deemed to have been received on the following business day . the payment service provider may establish a cut - off time near the end of a business day beyond which any payment order received shall be deemed to have been received on the following business day .


### for direct debits the payer has an unconditional right for refund within the time limits set in article 68 , except where the payee has already fulfilled the contractual obligations and the services have already been received or the goods have already been consumed by the payer . at the payment service provider ' s request , the payee shall bear the burden to prove that the conditions referred to in the third subparagraph . ### for direct debits the payer has an unconditional right for refund within the time limits set in article 68 .


### member states shall ensure that , without prejudice to article 63 , in the case of an unauthorised payment transaction , the payer ' s payment service provider refunds to the payer immediately the amount of the unauthorised payment transaction and , where applicable , restores the debited payment account to the state in which it would have been had the unauthorised payment transaction not taken place . this shall also ensure that the credit value date for the payer ' s payment account shall be no later than the date the amount had been debited . ### without prejudice to article 63 , in the case of an unauthorised payment transaction , the payer ' s payment service provider refunds to the payer the amount of the unauthorised payment transaction on the same day it has been made aware of the transaction , and where applicable , restores the debited payment account to the state in which it would have been had the unauthorised payment transaction not taken place . this shall also ensure that the credit value date for the payer ' s payment account shall be no later than the date the amount had been debited .


### where a payment service user denies having authorised an executed payment transaction , the use of a payment instrument recorded by the payment service provider , including the third party payment service provider as appropriate , shall in itself not necessarily be sufficient to prove either that the payment transaction was authorised by the payer or that the payer acted fraudulently or failed with intent or gross negligence to fulfil one or more of the obligations under article 61 . ### where a payment service user denies having authorised an executed payment transaction , the use of a payment instrument recorded by the payment service provider , including the third party payment service provider as appropriate , shall in itself not necessarily be sufficient to prove either that the payment transaction was authorised by the payer or that the payer acted fraudulently or failed with intent or gross negligence to fulfil one or more of the obligations under article 61 . in such a case mere assumptions without further supporting evidence beyond the recorded use of the payment instrument shall not be considered eligible proof against the payment user .


### termination of a framework contract concluded for a fixed period exceeding 12 months or for an indefinite period shall be free of charge for the payment service user after the expiry of 12 months . in all other cases charges for the termination shall be appropriate and in line with costs . ### termination of a framework contract shall be free of charge for the payment service user .


### the payment service provider shall not prevent the payee from requesting from the payer a charge , offering him a reduction or otherwise steering him towards the use of a given payment instrument . any charges applied shall , however , not exceed the costs borne by the payee for the use the specific payment instrument . ### the payment service provider shall not prevent the payee from offering the payer a reduction for use of a specific payment instrument .


### member states shall ensure that , without prejudice to article&#160 ; 63 , in the case of an unauthorised payment transaction , the payer ' s payment service provider refunds to the payer immediately the amount of the unauthorised payment transaction and , where applicable , restores the debited payment account to the state in which it would have been had the unauthorised payment transaction not taken place . this shall also ensure that the credit value date for the payer ' s payment account shall be no later than the date the amount had been debited . ### member states shall ensure that , without prejudice to article&#160 ; 63 , in the case of an unauthorised payment transaction , the payer ' s payment service provider refunds to the payer the amount of the unauthorised payment transaction and , where applicable , taking into account the value date initially applied , restores the debited payment account to the state in which it would have been had the unauthorised payment transaction not taken place , subject to the following conditions : if the payment service provider can , prima facie , rule out the payer ' s having acted fraudulently , it shall refund the amount immediately ; b ) should there be a strong suspicion of fraud by the payer , the payment service provider may carry out an investigation within a time limit appropriate to the circumstances and refund the amount if the payer is not found liable ; c ) in other cases , the payer shall be reimbursed immediately and shall agree to his account being debited if the payment service provider’s investigation establishes that he is liable .


### a delegated act adopted pursuant to article 93 shall enter into force only if no objection has been expressed either by the european parliament or the council within a period of two months of notification of that act to the european parliament and the council or if , before the expiry of that period , the european parliament and the council have both informed the commission that they will not object . that period shall be extended by two months at the initiative of the european parliament or of the council . ### a delegated act adopted pursuant to article 93 shall enter into force only if no objection has been expressed either by the european parliament or the council within a period of three months of notification of that act to the european parliament and the council or if , before the expiry of that period , the european parliament and the council have both informed the commission that they will not object . that period shall be extended by two months at the initiative of the european parliament or of the council .


### the payment service provider shall not prevent the payee from requesting from the payer a charge , offering him a reduction or otherwise steering him towards the use of a given payment instrument . any charges applied shall , however , not exceed the costs borne by the payee for the use the specific payment instrument . ### the payee shall not be authorised to request from the payer a charge for using any means of payment . the payment service provider shall not prevent the payee from offering the payer a reduction for the use of a given payment instrument providing it does not result in a reverse surcharge .


### member states shall ensure that authorisation and selection procedures avoid delays and promote effective competition . ### member states shall ensure that authorisation and selection procedures avoid delays and promote effective competition . in order to combat unfair spectrum accumulation by dominant market players and to promote greater consumer choice , member states shall also ensure that spectrum is attributed in a fair and balanced way as to allow service providers to offer to consumers a wide array of culturally diverse television , radio and digital broadcasting .


### when defining the adjustment path to the medium - term budgetary objective for member states that have not yet reached this objective and in allowing a temporary deviation from this objective for member states that have already reached it , under the condition that an appropriate safety margin with respect to the deficit reference value is preserved and that the budgetary position is expected to return to the medium - term budgetary objective within the programme period , the council shall take into account the implementation of major structural reforms which have direct long - term cost - saving effects , including by raising potential growth , and therefore a verifiable impact on the long - term sustainability of public finances . ### when defining the adjustment path to the medium - term budgetary objective for member states that have not yet reached this objective and in allowing a temporary deviation from this objective for member states that have already reached it , under the condition that an appropriate safety margin with respect to the deficit reference value is preserved and that the budgetary position is expected to return to the medium - term budgetary objective within the programme period , the council shall take into account the implementation of structural reforms which are conducive to the achievement of the union’s objectives of growth , jobs and social and regional cohesion .


### special attention shall be paid to pension reforms introducing a multi - pillar system that includes a mandatory , fully funded pillar . member states implementing such reforms shall be allowed to deviate from the adjustment path to their medium - term budgetary objective or from the objective itself , with the deviation reflecting the net cost of the reform to the publicly managed pillar , under the condition that the deviation remains temporary and that an appropriate safety margin with respect to the deficit reference value is preserved . ### special attention shall be paid to those reforms that maintain existing jobs and create new and better jobs as well as reforms based on public investments . member states implementing such reforms shall be allowed to deviate from the adjustment path to their medium - term budgetary objective or from the objective itself .


### special attention shall be paid to pension reforms introducing a multi - pillar system that includes a mandatory , fully funded pillar . member states implementing such reforms shall be allowed to deviate from the adjustment path to their medium - term budgetary objective or from the objective itself , with the deviation reflecting the net cost of the reform to the publicly managed pillar , under the condition that the deviation remains temporary and that an appropriate safety margin with respect to the deficit reference value is preserved . ### special attention shall be paid to pension reforms introducing a public and pay - as - you - go funded pillar . member states implementing such reforms shall be allowed to deviate from the adjustment path to their medium - term budgetary objective or from the objective itself , with the deviation reflecting the net cost of the reform to the publicly managed pillar , under the condition that the deviation remains temporary and that an appropriate safety margin with respect to the deficit reference value is preserved .


### a temporary departure from prudent fiscal policy - making should be allowed in case of severe economic downturn of a general nature in order to facilitate economic recovery . ### a temporary departure from sound fiscal policy - making should be allowed in case of a severe economic downturn , including the period in which the economy is operating below its normal potential , in order to facilitate a full economic recovery .


### when defining the adjustment path to the medium - term budgetary objective for member states that have not yet reached this objective and in allowing a temporary deviation from this objective for member states that have already reached it , under the condition that an appropriate safety margin with respect to the deficit reference value is preserved and that the budgetary position is expected to return to the medium - term budgetary objective within the programme period , the council shall take into account the implementation of major structural reforms which have direct long - term cost - saving effects , including by raising potential growth , and therefore a verifiable impact on the long - term sustainability of public finances . ### when defining the adjustment path to the medium - term budgetary objective for member states that have not yet reached this objective and in allowing a temporary deviation from this objective for member states that have already reached it , under the condition that an appropriate safety margin with respect to the deficit reference value is preserved and that the budgetary position is expected to return to the medium - term budgetary objective within the programme period , the council shall take into account the implementation of structural reforms which are conducive to the achievement of the union’s growth and jobs objectives .


### for member states that have achieved the medium - term budgetary objective , annual expenditure growth does not exceed a prudent medium - term rate of gdp growth , unless the excess is matched by discretionary revenue measures ; ### for member states that have achieved the medium - term budgetary objective , annual expenditure growth does not exceed the estimate of medium - term rate of gdp growth , whereas growth in tax revenue does not stay behind the growth in government revenue unless the excesses or gaps are matched by discretionary measures in revenue or / and expenditure ;


### special attention shall be paid to pension reforms introducing a multi - pillar system that includes a mandatory , fully funded pillar . member states implementing such reforms shall be allowed to deviate from the adjustment path to their medium - term budgetary objective or from the objective itself , with the deviation reflecting the net cost of the reform to the publicly managed pillar , under the condition that the deviation remains temporary and that an appropriate safety margin with respect to the deficit reference value is preserved . ### special attention shall be paid to the contribution of those reforms to job preservation or creation and to the reduction of poverty . member states implementing such reforms shall be allowed to deviate from the adjustment path to their medium - term budgetary objective or from the objective itself .


### eradicating and managing some invasive alien species , while necessary , may induce pain , distress , fear or other forms of suffering to the animals even when using the best available technical means . for that reason , member states and any operator involved in the eradication , control or containment of invasive alien species should take the necessary measures to minimise pain , distress and suffering of animals during the process , taking into account in so far as possible the best practices in the field , for example the guiding principles on animal welfare developed by the world organisation for animal health . ### eradicating and managing some invasive alien species , if deemed to be necessary , may induce pain , distress , fear or other forms of suffering to the animals even when using the best available technical means . for that reason , member states and any operator involved in the eradication , control or containment of invasive alien species should take the necessary measures to avoid pain , distress and suffering of animals during the process , taking into account in so far as possible the best practices in the field , for example the guiding principles on animal welfare developed by the world organisation for animal health . if eradication or management is considered , humane and scientifically tested methods should be used and member states should engage with all relevant stakeholders and scientific experts in the decision making process . non - lethal methods should be considered and any actions taken should minimise impact on non - target species .


### a list of invasive alien species of union concern shall be adopted , and updated , by the commission by means of implementing acts on the basis of the criteria in paragraph 2 . the implementing acts shall be adopted in accordance with the examination procedure referred to in article 22 . ### a list comprising invasive alien species and taxonomic groups of species of union concern shall be adopted , and updated , by the commission by means of implementing acts on the basis of the criteria in paragraph 2 . the implementing acts shall be adopted in accordance with the examination procedure referred to in article 22 .


### member states should be able to adopt more stringent measures to tackle invasive alien species and to take measures proactively in respect of any species that are not listed as invasive alien species of union concern . in order to adopt a more proactive stance on unlisted species , it should therefore be required that to release invasive alien species into the environment that are not listed as invasive alien species of union concern , but for which member states have found evidence that they pose a risk , an authorisation for release should be issued . detailed rules for the authorisation of alien species to be used in aquaculture have already been established by regulation no 708 / 2007 and should be taken into account by member states in this context . ### member states should be able to take measures , such as regulation of trade , use , transport and release into the wild , proactively in respect of any species that are not listed as invasive alien species of union concern . in order to adopt a more proactive stance on unlisted species , it should therefore be required that to release invasive alien species into the environment that are not listed as invasive alien species of union concern , but for which member states have found evidence that they pose a risk , an authorisation for release should be issued . detailed rules for the authorisation of alien species to be used in aquaculture have already been established by regulation no 708 / 2007 and should be taken into account by member states in this context .


### in case of invasive alien species that are animals , they are marked where possible ; ### in case of invasive alien species that are animals , they are marked where possible using methods that do not cause any pain , distress or suffering ;


### member states shall take proportionate restoration measures to assist the recovery of an ecosystem that has been degraded , damaged , or destroyed by invasive alien species of union concern . ### member states shall take proportionate restoration measures to assist the recovery of an ecosystem that has been degraded , damaged , or destroyed by invasive alien species of union concern , unless a cost - benefit analysis demonstrates , on the basis of the available data and with reasonable certainty , that the costs will be exceptionally high and disproportionate to the benefits of restoration . in such cases , where liability can be ascertained , the costs of restoration should be borne by those responsible for any damage , degradation or destruction to ecosystems .


### invasive alien species generally cause damage to ecosystems and reduce their resilience . therefore restoration measures are required to strengthen the ecosystems ' resilience towards invasions , to repair the damage caused and to enhance the conservation status of species and their habitats in accordance with article 4 of directive 2009 / 147 / ec and article 6 of directive 92 / 43 / eec , the ecological status of inland surface waters , transitional waters , coastal waters and groundwater in accordance with article 11 of directive 2000 / 60 / ec , and the environmental status of marine waters in accordance with article 13 of directive 2008 / 56 / ec . ### invasive alien species generally cause damage to ecosystems and reduce their resilience . therefore restoration measures are required to strengthen the ecosystems ' resilience towards invasions , to repair the damage caused and to enhance the conservation status of species and their habitats in accordance with article 4 of directive 2009 / 147 / ec and article 6 of directive 92 / 43 / eec , the ecological status of inland surface waters , transitional waters , coastal waters and groundwater in accordance with article 11 of directive 2000 / 60 / ec , and the environmental status of marine waters in accordance with article 13 of directive 2008 / 56 / ec . costs of such restoration measures should be borne by those individuals responsible for the species becoming invasive .


### the name of the species ; ### the name of the species or taxonomic group of species ;


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


### all statements of support shall be collected after the date of registration of the proposed initiative and within a period that shall not exceed 12 months . ### all statements of support shall be collected after the date of registration of the proposed initiative and within a period that shall not exceed 24 months .


### within 12 months following the entry into force of this regulation , the commission shall adopt technical specifications for the implementation of paragraph 4 , in accordance with the regulatory procedure laid down in article 19 . ### within the 12 months following the entry into force of this regulation , the commission shall undertake in conjunction with the european data protection supervisor an evaluation enabling it to adopt technical specifications for the implementation of paragraph 4 , in accordance with the regulatory procedure laid down in article 19 . that evaluation shall be forwarded to the european parliament , together with the proposals .


### after having obtained the certificates provided for in article 9 , and provided that all relevant procedures and conditions set out in this regulation have been complied with , the organiser may submit the citizens’ initiative to the commission . ### after having obtained the certificates provided for in article 9 , and provided that all relevant procedures and conditions set out in this regulation have been complied with , the organisers may submit the citizens’ initiative to the commission , accompanied by information regarding any support and funding received for the initiative . the amount of support and funding received from natural persons in excess of which information is to be provided shall be determined by the commission by means of delegated acts .


### the treaty on european union reinforces the citizenship of the union and enhances further the democratic functioning of the union by providing inter alia that every citizen shall have the right to participate in the democratic life of the union and that not less than one million citizens who are nationals of a significant number of member states may take the initiative of inviting the european commission , within the framework of its powers , to submit any appropriate proposal on matters where citizens consider that a legal act of the union is required for the purpose of implementing the treaties . ### the treaty on european union provides that not less than one million citizens who are nationals of a significant number of member states may take the initiative of inviting the european commission , within the framework of its powers , to submit any appropriate proposal on matters where citizens consider that a legal act of the union is required for the purpose of implementing the treaties .


### after having obtained the certificates provided for in article 9 , and provided that all relevant procedures and conditions set out in this regulation have been complied with , the organiser may submit the citizens ' initiative to the commission . ### after having obtained the certificates provided for in article 9 , and provided that all relevant procedures and conditions set out in this regulation have been complied with , the organisers may submit the citizens’ initiative to the commission , accompanied by information regarding any support and funding received for the initiative . the information shall be published on the commission ' s homepage .


### the definitions of ‘ labelling’ and ‘ pre - packaged foodstuff’ in points and of article 1 of directive 2000 / 13 / ec ; ### the definitions of ' labelling ' and ' pre - packaged foodstuff ' set out in points and of article 1 of directive 2000 / 13 / ec ;


### the delegation of power referred to in articles 2 and 10 of this regulation shall be conferred for an indeterminate period of time from the [ date of entry into force of the basic legislative act or from any other date set by the legislator . ] ### the delegation of power referred to in article 10 of this regulation shall be conferred for an indeterminate period of time from the [ date of entry into force of the basic legislative act or from any other date set by the legislator . ]


### the dissemination of any useful information or recommendations with reference to the categories of food referred to in article 1 may be made exclusively by persons having qualifications in medicine , nutrition , pharmacy or other professionals responsible for maternal and child health care . ### the dissemination of any useful information or recommendations with reference to the categories of food referred to in article 1 may be made exclusively by persons having qualifications in medicine , nutrition , pharmacy or by other independent qualified professionals responsible for maternal and child health care , or intended exclusively for them .


### the composition of food referred to in article 1 shall be such that it is appropriate to satisfy the nutritional needs of , and it is suitable for the persons to whom it is intended , in accordance with generally accepted scientific data . ### the composition of food referred to in article 1 shall be such that it is appropriate to satisfy the nutritional needs of , and it is suitable for the persons to whom it is intended , in accordance with generally accepted peer - reviewed scientific data .


### where appropriate , the authority should consult interested parties on technical standards , guidelines and recommendations and provide them with a reasonable opportunity to comment on proposed measures . for reasons of efficiency , a banking stakeholder group should be established for that purpose , representing in balanced proportions community credit and investment institutions , their employees , and consumers and other retail users of banking services , including smes . the banking stakeholder group should actively work as an interface with other user groups in the financial services area established by the commission or community legislation . ### the authority should consult interested parties on technical standards , guidelines and recommendations and provide them with a reasonable opportunity to comment on proposed measures . before adopting draft technical standards , guidelines and recommendations the authority should carry out an impact study . for reasons of efficiency , a banking stakeholder group should be established for that purpose , representing in balanced proportions union credit and investment institutions , their employees , academia and consumers and other retail users of banking services , including smes . the banking stakeholder group should actively work as an interface with other user groups in the financial services area established by the commission or by eu legislation .


### the authority shall ensure that no decision adopted under articles 10 or 11 impinges in any way on the fiscal responsibilities of member states . ### the authority shall ensure that no decision adopted under articles 10 or 11 impinges directly on the fiscal responsibilities of member states .


### the banking stakeholder group shall be composed of 30 members , representing in balanced proportions community credit and investment institutions , their employees as well as consumers and users of banking services . ### the banking stakeholder group shall be composed of 30 members , representing in balanced proportions community credit and investment institutions , their employees as well as consumers and users of banking services . no stakeholders in the group shall have a stronger position than others .


### the banking stakeholder group shall meet at least twice a year . ### the banking stakeholder group shall meet at least four times a year .


### contribute to developing high quality and uniform supervisory standards , including reporting standards ; ### contribute advice to the appropriate european and international bodies to help facilitate the development of high quality and uniform supervisory standards , including reporting and accounting standards ;


### the banking stakeholder group may submit opinions and advice to the authority on any issue related to the tasks of the authority specified in articles 7 and 8 . ### the banking stakeholder group may submit opinions and advice to the authority on any issue related to the tasks of the authority specified in articles 7 to 19 .


### promoting democracy , the rule of law , good governance and respect for human rights . ### promoting , consolidating and advancing democracy , including through fair and transparent elections , strengthening respect for human rights , social justice , and international labour standards , fostering the rule of law , good governance in both the public and private sector , fair trade relations , and promoting respect for international conventions and the principles of international law regarding social and environmental standards .


### the union also aims to ensure coherence with other areas of its external action . this should be ensured when formulating the union ' s development cooperation policy and its strategic planning programming and implementation of measures . ### the union is fully committed to advance policy coherence for development and to ensure consistency between the different areas of its external action and between these and its other policies . union development cooperation policy has as its primary objective the reduction and eradication of poverty . its external policy fosters the sustainable economic , social and environmental development of developing countries . this includes the advancement of human rights , social justice , labour standards , fair trade relations , and environmental and climate - relevant practices . development programmes aiming to improve , expand , train or facilitate trade relations will follow the same principles . this should be ensured when formulating strategic planning programming and implementation of measures . the union aims to use the available resources efficiently so as to optimise their impact .


### the lists of partner countries under this regulation should be adapted on the basis of possible changes to their status as established by the development assistance committee of the organization for economic cooperation and development , as well as important changes in human development , aid dependency , crisis situations , vulnerability and other aspects including the dynamics of the development process . such updates , reviews of the partner countries eligible for bilateral development cooperation and modifications in the definitions of detailed areas of cooperation and activities , and adjustments of the indicative financial allocation per programme , constitute non - essential elements of this regulation . consequently , in order to adapt its scope to the rapidly evolving reality in third countries , the power to adopt acts in accordance with article 290 of the treaty of the functioning of the european union should be delegated to the commission for updating the annexes of this regulation which includes the list of partner countries and regions eligible for union financing , the definition of detailed areas of cooperation under geographic and thematic programmes and the indicative allocations per programme . it is of particular importance that the commission should carry out appropriate consultations during its preparatory work , including at expert level . the commission , when preparing and drawing up delegated acts , should further ensure a simultaneous , timely and appropriate transmission of relevant documents to the european parliament and council . ### the lists of partner countries under this regulation should be adapted on the basis of possible changes to their status as established by the development assistance committee of the organization for economic cooperation and development , as well as important changes in human development , aid dependency , crisis situations , vulnerability and other aspects including the dynamics of the development process . updates and reviews of the partner countries eligible for bilateral development cooperation and modifications in the definitions of areas of cooperation and activities , as well as adjustments of the indicative financial allocation per programme , should be submitted by the commission as legislative proposals introducing the necessary modifications to annexes i , iii , iv , v , vi and vii of this regulation .


### the lists of partner countries under this regulation should be adapted on the basis of possible changes to their status as established by the development assistance committee of the organization for economic cooperation and development , as well as important changes in human development , aid dependency , crisis situations , vulnerability and other aspects including the dynamics of the development process . such updates , reviews of the partner countries eligible for bilateral development cooperation and modifications in the definitions of detailed areas of cooperation and activities , and adjustments of the indicative financial allocation per programme , constitute non - essential elements of this regulation . consequently , in order to adapt its scope to the rapidly evolving reality in third countries , the power to adopt acts in accordance with article 290 of the treaty of the functioning of the european union should be delegated to the commission for updating the annexes of this regulation which includes the list of partner countries and regions eligible for union financing , the definition of detailed areas of cooperation under geographic and thematic programmes and the indicative allocations per programme . it is of particular importance that the commission should carry out appropriate consultations during its preparatory work , including at expert level . the commission , when preparing and drawing up delegated acts , should further ensure a simultaneous , timely and appropriate transmission of relevant documents to the european parliament and council . ### the lists of partner countries under this regulation should be adapted on the basis of possible changes to their status as oda recipients , as established by the development assistance committee of the organization for economic cooperation and development . the lists of partner countries under this regulation should also be adapted to respond to important changes in human development , aid dependency , crisis situations , vulnerability and other aspects included in the eligibility criteria defined in this regulation for the establishment of the different categories of partner countries . for such updates , and for modifications in the definitions of areas of cooperation and activities , and adjustments of the indicative financial allocation per programme , the commission should submit legislative proposals introducing the necessary modifications to annexes i , iii , iv , v , vi and vii of this regulation .


### an undertaking applying for an approval shall demonstrate that its employees have the qualification , professional experience and length of service necessary for the performance of the activity it applies for . ### an undertaking applying for an approval shall demonstrate that its employees have the qualification , professional experience and length of service necessary for the performance of the activity it applies for . where european minimum standards are developed as recommendations for education and training , member states should use these as a guide in order to ensure the highest possible safety standards throughout europe .


### the competent authorities shall ensure that , at the appropriate level , a forum for technical cooperation is established between the airport operator , aircraft operator and air navigation service provider , for actions which these operators are responsible for , and taking due account of the interdependency between measures to mitigate noise and to reduce emissions . the members of this forum for technical cooperation shall regularly consult local residents or their representatives , and provide technical information and advice on noise mitigating measures to the competent authorities . ### the competent authorities shall establish a consultation forum where the airport operator , the aircraft operators , air navigation service provider and representatives of local residents could cooperate together by planning , technical and organisational measures to mitigate noise and to reduce emissions .


### the competent authorities shall assess the cost - effectiveness of the new measures , as referred ton in paragraph 3 in accordance with annex ii . a minor technical amendment to an existing measure without substantive implications on capacity or operations is not considered as a new operating restriction . ### the competent authorities shall assess new measures , as referred ton in paragraph 3 in accordance with annex ii . a minor technical amendment to an existing measure without substantive implications on capacity or operations is not considered as a new operating restriction .


### competent authorities ### competent authorities , consultation and right to take legal action


### the esf should contribute to the europe 2020 strategy , ensuring greater concentration of support on the priorities of the european union . the esf should in particular increase its support for the fight against social exclusion and poverty , through a minimum ring - fenced allocation . according to the level of development of the supported regions , the choice and number of investment priorities for esf support should also be limited . ### the esf should contribute to the europe 2020 strategy , in particular by increasing its support for the fight against social exclusion and poverty . the bottom - up approach to cohesion policy which allows investment priorities to be geared to the specific needs of the region concerned will be retained .


### enhancing the competitiveness of small and medium - sized enterprises , through promoting the adaptability of enterprises and workers and increased investment in human capital . ### improving the conditions for the sustainable development and competitiveness of micro - enterprises and smes , through promoting the adaptability of enterprises and workers and increased investment in human capital .


### access to employment for job - seekers and inactive people , including local employment initiatives and support for labour mobility ; ### access to decent work for job - seekers and inactive people , including local employment initiatives , support for guidance , mobility , retraining and acquiring skills ;


### the esf shall benefit people , including disadvantaged groups such as the long - term unemployed , people with disabilities , migrants , ethnic minorities , marginalised communities and people facing social exclusion . the esf shall also provide support to enterprises , systems and structures with a view to facilitating their adaptation to new challenges and promoting good governance and the implementation of reforms , in particular in the fields of employment , education and social policies . ### the esf shall benefit people , including disadvantaged groups such as the long - term unemployed , people with disabilities , migrants , young people , children , ethnic minorities , marginalised communities or communities at risk of marginalisation and people facing social exclusion . the esf shall also provide support to organisations , systems and structures with a view to facilitating their adaptation to new challenges and promoting good governance and the implementation of reforms , in particular in the fields of socio - cultural and cultural activity , employment , education , social policies and sport .


### by way of derogation , paragraphs 1 and 2 shall not apply to the armed forces in member states where an equivalent and more specific protection system such as nato standard stanag 2345 is already in place and implemented . member states shall inform the commission of the existence and effective implementation of such protection systems when notifying the transposition of the provisions of this directive into national legislation in accordance with article 14 . ### by way of derogation , paragraphs 1 and 2 shall not apply to the armed forces in member states where an equivalent and more specific protection system such as nato standard stanag 2345 is already in place and implemented . however , member states shall ensure that health surveillance in accordance with article 14 of directive 89 / 391 / eec and article 8 of this directive is effectively implemented . member states shall inform the commission of the existence and effective implementation of such protection systems when notifying the transposition of the provisions of this directive into national legislation in accordance with article 14 .


### for exposure in the range from 100 khz up to 300 ghz , and in any event where exposure above the exposure limit values is detected , a medical examination shall be made available to the worker concerned in accordance with national law and practice . if health damage resulting from such exposure is detected , a reassessment of the risks shall be carried out by the employer in accordance with article 4 . ### for exposure in the range from 100 khz up to 300 ghz , and in any event where exposure above the exposure limit values is detected , a medical examination shall be made available to the worker concerned in accordance with national law and practice , on pain of a penalty . if health or safety damage resulting from such exposure is detected , a reassessment of the risks shall be carried out immediately by the employer in accordance with article 4 .


### ' protected customers ' means all household customers already connected to a gas distribution network , and , if the member state concerned so decides , can also include small and medium - sized enterprises , schools and hospitals provided that they are already connected to a gas distribution network ; ### ' protected customers ' means all household customers , small and medium - sized enterprises , schools and hospitals already connected to a gas distribution network , and , if the member state concerned so decides , can also include any other customers according to the public interest provided that they are already connected to a gas distribution network ;


### however , under the current measures regarding the security of gas supply that have been taken at community level , member states still enjoy a large margin of discretion as to the choice of measures . where the security of supply of a member state is threatened , there is a clear risk that measures developed unilaterally by that member state may jeopardise the proper functioning of the internal gas market . recent experience has demonstrated the reality of that risk . to allow the internal gas market to function even in the face of a shortage of supply , it is therefore necessary to provide for a more coordinated response to supply crises , both concerning preventive action and the reaction to concrete disruptions of supply . ### however , under the current measures regarding the security of gas supply that have been taken at community level , member states still enjoy a large margin of discretion as to the choice of measures . to allow the internal gas market to function even in the face of a shortage of supply , it is therefore necessary to provide for a more coordinated response to supply crises , both concerning preventive action and the reaction to concrete disruptions of supply . however it is critical not to jeopardise the ability of member states , according to their special requirements , to be able to develop measures .


### by 31 december 2014 , the commission shall evaluate , submit a report to the european parliament and to the council on the use of phosphates and other phosphorous compounds in household automatic dishwasher detergents and , if justified , present a legislative proposal with a view to their gradual phase - out or restriction to specific applications . ### by 31 december 2014 , the commission shall evaluate the environmental performance of alternatives to phosphates - based household laundry and automatic dishwasher detergents , particularly in relation to their impact in waste water treatment plants and on the aquatic environment and aquatic sediments , and , if justified , present a legislative proposal with a view to the gradual phase - out of the use of phosphates and other phosphorus compounds in household laundry and automatic dishwasher detergents or their restriction to specific applications .


### it is not appropriate to extend limitations of the use of phosphates and other phosphorus compounds in household laundry detergents to household automatic dishwasher detergents or to industrial and institutional detergents because suitable technically and economically feasible alternatives to the use of phosphates in those detergents are not yet available . ### efficient household automatic dishwasher detergents with a limited concentration of phosphorus are currently available on the market . it is thus appropriate to extend limitations of the use of phosphates and other phosphorus compounds in household laundry detergents to household automatic dishwasher detergents . it is not appropriate , however , to extend these limitations to industrial and institutional detergents because suitable technically and economically feasible alternatives to the use of phosphates in those detergents are not yet available .


### the main tasks of the agency in the area of pharmacovigilance laid down in regulation no 726 / 2004 should be maintained and further developed , in particular as regards the management of the community pharmacovigilance database and data - processing network and the coordination of safety announcements by the member states . ### the main tasks of the agency in the area of pharmacovigilance laid down in regulation no 726 / 2004 should be maintained and further developed , in particular as regards the management of the community pharmacovigilance database and data - processing network , the coordination of safety announcements by the member states and the provision of information regarding safety issues to the public .


### in order to allow all competent authorities to receive and access , at the same time , pharmacovigilance information for medicinal products for human use authorised in the community , and share it , the eudravigilance database should be maintained and strengthened as the single point of receipt of such information . member states should therefore not impose on marketing authorisation holders any additional reporting requirements . instead , the eudravigilance database should simultaneously notify the relevant member states of reports submitted by market authorisation holders . the database should be fully accessible to the member states , the agency and the commission , and accessible to an appropriate extent to marketing authorisation holders and the public . ### in order to allow all competent authorities to receive and access , at the same time , pharmacovigilance information for medicinal products for human use authorised in the union , and share it , the eudravigilance database should be maintained and strengthened as the single point of receipt of such information . member states should therefore not impose on marketing authorisation holders any additional reporting requirements . instead , the eudravigilance database should simultaneously notify the relevant member states of reports submitted by market authorisation holders . in order to ensure the high quality of information , member states should support the development of national and regional pharmacovigilance centres ' expertise . national competent authorities should collect the reports from these centres and should then transfer data to eudravigilance database . the database should be fully accessible to the member states , the agency and the commission , and accessible to an appropriate extent to marketing authorisation holders and the public .


### the agency shall monitor selected medical literature for reports of suspected adverse reactions to medicinal products for human use containing certain active substances . it shall publish the list of active substances being monitored and the publications subject to this monitoring . ### the agency shall monitor selected medical literature for reports of suspected adverse reactions to medicinal products for human use containing certain active substances . it shall publish the list of active substances being monitored and the publications subject to this monitoring . the agency shall monitor all medical literature for reports of suspected adverse reactions to medicinal products for human use containing well - established active substances .


### information on the environmental impact of the medicinal product , prices and factual , informative announcements and reference material relating , for example , to pack changes or adverse - reaction warnings ; ### information relating to the disposal of unused medicinal product or waste derived from medicinal products as well as reference to any collection system in place .


### member states shall allow the marketing authorisation holder to disseminate , either directly or indirectly through a third party , information to the general public or members thereof on authorised medicinal products subject to medical prescription provided that it is in accordance with the provisions of this title . such information shall not be considered advertising for the purposes of the application of title viii . ### member states shall allow the marketing authorisation holder to make available information to the general public or members thereof on authorised medicinal products subject to medical prescription provided that it is in accordance with the provisions of this title . such information shall not be considered advertising for the purposes of the application of title viii .


### in order to further ensure that marketing authorisation holders disseminate only high - quality information and to distinguish non - promotional information from advertising , the types of information which may be disseminated should be defined . it is appropriate to allow marketing authorisation holders to disseminate the contents of the approved summaries of product characteristics and package leaflet , information that is compatible with those documents without going beyond their key elements , and other well - defined medicinal product - related information . ### in order to further ensure that marketing authorisation holders make available only high - quality information and to distinguish non - promotional information from advertising , the types of information which may be made available should be defined . it is appropriate to clarify that marketing authorisation holders can disseminate the contents of the approved summaries of product characteristics , package leaflet , and public assessment report .


### in order to further ensure that marketing authorisation holders disseminate only high - quality information and to distinguish non - promotional information from advertising , the types of information which may be disseminated should be defined . it is appropriate to allow marketing authorisation holders to disseminate the contents of the approved summaries of product characteristics and package leaflet , information that is compatible with those documents without going beyond their key elements , and other well - defined medicinal product - related information . ### in order to further ensure that marketing authorisation holders make available only high - quality information and to distinguish non - promotional information from advertising , the types of information which may be made available should be defined . it is appropriate to clarify that marketing authorisation holders can make available the contents of the approved summaries of product characteristics and package leaflet and the public assessment reports .


### the member state where the internet website has been registered shall be responsible for the monitoring of the contents disseminated on that website . ### the member state where the internet website has been registered shall be responsible for the monitoring of the contents disseminated on that website . the marketing authorisation holder shall remain fully responsible and liable for all the information it disseminates to the general public .


### supply the authorities or bodies responsible for monitoring information on medicinal products with the information and assistance they require to carry out their responsibilities ; ### supply the authorities or bodies responsible for monitoring information on medicinal products with the information , the financial resources and assistance they require to carry out their responsibilities ;


### information on homeopathic medicinal products referred to in article 14 that have been classified as prescription - only shall be subject to the provisions of this title . ### information on homeopathic and herbal medicinal products referred to in article 14 that have been classified as prescription - only shall be subject to the provisions of this title .


### undertake a review of the operation of this directive and submit a report to the european parliament and the council within four years after the date mentioned in article 15 . such review shall cover all the elements of this directive , with special attention to the compliance with standard of protection of personal data , the length of the data retention period and the quality of the assessments . it shall also contain the statistical information gathered pursuant to article 18 . ### undertake a review of the operation of this directive and submit a report to the european parliament and the council within two years after the date mentioned in article 15 . such review shall cover all the elements of this directive , with special attention to the compliance with standard of protection of personal data , the length of the data retention period and the quality of the assessments . it shall also contain the statistical information gathered pursuant to article 18 .


### esma shall only take a decision under paragraph 1 if all of the following conditions are fulfilled : ### esma shall take a decision under paragraph 1 if all of the following conditions are fulfilled :


### the measures listed in points to of paragraph 1 address a threat to the orderly functioning and integrity of financial markets including in relation to delivery arrangements for physical commodities , or the stability of the whole or part of the financial system in the union ; ### the measures listed in points to of paragraph 1 prevent market abuse , reduce or eliminate excessive speculation , address a threat to the orderly functioning and integrity of financial markets and orderly pricing including in relation to delivery arrangements for physical commodities and price discovery for the underlying commodity market , or the stability of the whole or part of the financial system ;


### ’financial counterparty ' means investment firms as set out in directive 2004 / 39 / ec , credit institutions as defined in directive 2006 / 48 / ec , insurance undertakings as defined in directive 73 / 239 / eec , assurance undertakings as defined in directive 2002 / 83 / ec , reinsurance undertakings as defined in directive 2005 / 68 / ec , undertakings for collective investments in transferable securities as defined in directive 2009 / 65 / ec , institutions for occupational retirement provision as defined in directive 2003 / 41 / ec and alternative investment funds managers as defined in directive 2010 / . . . / eu ; ### ' financial counterparty ' means investment firms as set out in authorised under directive 2004 / 39 / ec , credit institutions as defined in authorised under directive 2006 / 48 / ec , insurance undertakings as defined in authorised under directive 73 / 239 / eec , assurance undertakings as defined in authorised under directive 2002 / 83 / ec , reinsurance undertakings as defined in authorised under directive 2005 / 68 / ec , undertakings for collective investments in transferable securities as defined authorised under directive 2009 / 65 / ec , institutions for occupational retirement provision as defined in directive 2003 / 41 / ec and alternative investment funds managers as defined in authorised under directive 2010 / . . . / eu and to branches in the union of undertakings established outside the union that would require to be so authorised if they were within the union other than an investment fund whose sole investment policy is to develop or invest in physical real estate or other liability driven investment funds whose exemption is approved by esma ;


### ’financial counterparty ' means investment firms as set out in directive 2004 / 39 / ec , credit institutions as defined in directive 2006 / 48 / ec , insurance undertakings as defined in directive 73 / 239 / eec , assurance undertakings as defined in directive 2002 / 83 / ec , reinsurance undertakings as defined in directive 2005 / 68 / ec , undertakings for collective investments in transferable securities as defined in directive 2009 / 65 / ec , institutions for occupational retirement provision as defined in directive 2003 / 41 / ec and alternative investment funds managers as defined in directive 2010 / . . . / eu ; ### ' financial counterparty ' means an undertaking established in the union which is an authorised investment firm as set out in directive 2004 / 39 / ec , an authorised derivatives trader / broker / dealer , an authorised credit institution as defined in directive 2006 / 48 / ec , an authorised insurance undertaking as defined in directive 73 / 239 / eec , an authorised assurance undertaking as defined in directive 2002 / 83 / ec , an authorised reinsurance undertaking as defined in directive 2005 / 68 / ec , an authorised undertaking for collective investments in transferable securities as defined in directive 2009 / 65 / ec , an authorised institution for occupational retirement provision as defined in directive 2003 / 41 / ec or an authorised alternative investment funds manager as defined in directive 2010 / . . . / eu ; an authorised undertaking , or a subsidiary , affiliate or other corporate unit of a ‘ non - financial counter party’ ) , which engages in activities that are defined under eu law as : a swap dealer or a security - based swap dealer ; a major swap participant or major security - based swap participant ; an issuer that is an investment firm a commodity pool ; ’ an affiliate of any entity described in subclauses above


### where possible , electronic means ensuring the timely confirmation of the terms of the otc derivative contract ; ### electronic means ensuring the timely confirmation of the terms of the otc derivative contract ;


### where a trade repository is not able to record the details of an otc derivative contract , financial counterparties shall report the details of their positions in those contracts to the competent authority designated in accordance with article 48 of directive 2004 / 39 / ec . ### where a trade repository is not able to record the details of an otc derivative contract , the trading of this contract must be suspended . the contract has to be standardised to such an extent that it is suitable for recording by a trade repository .


### the commission , in consultation with esma , esrb and other relevant authorities , shall periodically review the thresholds established in paragraph 3 and amend them , where necessary . ### the commission , in consultation with esma , esrb and other relevant authorities , shall periodically review the threshold established in paragraph 2 and amend them , where necessary .


### before taking a decision , esma shall conduct a public consultation and , where appropriate , consult with the competent authorities of third countries . ### before taking a decision , esma shall , where appropriate , consult with the competent authorities of third countries .


### meet the mobility and transport needs of its users within the union and in the relations with third countries , thereby contributing to further economic growth and competitiveness ; ### meet the mobility and transport needs of all its users within the union and in the relations with third countries , thereby contributing to further economic growth and competitiveness ;


### interest in case of late payment ### interest in case of late payment in commercial transactions between undertakings


### surveys show that public authorities often require contractual payment periods for commercial transactions that are significantly longer than 30 days . therefore , payment periods for procurement contracts awarded by public authorities should be as a general rule limited to a maximum of 30 days . ### surveys show that public authorities often require contractual payment periods for commercial transactions that are significantly longer than 30 days . therefore , payment periods for procurement contracts awarded by public authorities should be limited to a maximum of 30 days .


### the commission shall reject the registration of proposed citizens ' initiatives which are manifestly against the values of the union . ### the commission shall reject the registration of proposed citizens ' initiatives which are manifestly against the values of the union . the commission must duly explain and publish its reasons for rejecting an initiative .


### it is appropriate to fix a minimum age for supporting a citizens ' initiative . this should be set as the age at which citizens are entitled to vote in the european parliament elections . ### it is appropriate to fix a minimum age for supporting a citizens ' initiative . this should be set at 16 years of age .


### in the absence of horizontal community legislation , the rights of third - country nationals vary , depending on the member state in which they work and on their nationality . they do not have the same rights as nationals of the member state , or other eu citizens . with a view to pursue a further development of a coherent immigration policy , to lower the rights gap between eu citizens and third - country nationals legally working and complementing the existing immigration acquis a set of rights should be laid down in particular in the form of specifying the policy fields where equal treatment with own nationals is provided for third - country workers legally admitted in a member states but not yet long term residents . such provisions are intended to establish a level playing field within the eu , to recognize that such third - country nationals legally working in a member states contribute to the european economy through their work and tax payments and to serve as safeguard to reduce unfair competition between own nationals and third - country nationals resulting from possible exploitation of the latter . ### in the absence of horizontal community legislation , the rights of third - country nationals vary , depending on the member state in which they work and on their nationality . they do not have the same rights as nationals of the member state , or other eu citizens . with a view to pursue a further development of a coherent immigration policy , to lower the rights gap between eu citizens and third - country nationals legally working and complementing the existing immigration acquis a set of rights should be laid down in particular in the form of specifying the policy fields where equal treatment with own nationals is provided for third - country workers legally admitted in a member state but not yet long term residents . such provisions are intended to establish a level playing field within the eu , to recognize third - country national’s contribution to the european society and to fight against unfair competition between own nationals and third - country nationals resulting from possible exploitation of the latter .


### working conditions , including pay and dismissal as well as health and safety at the workplace ; ### working conditions , including pay , leave , working time and dismissal as well as health and safety at the workplace , taking into account general collective agreements in force ;


### in the absence of horizontal community legislation , the rights of third - country nationals vary , depending on the member state in which they work and on their nationality . they do not have the same rights as nationals of the member state , or other eu citizens . with a view to pursue a further development of a coherent immigration policy , to lower the rights gap between eu citizens and third - country nationals legally working and complementing the existing immigration acquis a set of rights should be laid down in particular in the form of specifying the policy fields where equal treatment with own nationals is provided for third - country workers legally admitted in a member states but not yet long term residents . such provisions are intended to establish a level playing field within the eu , to recognize that such third - country nationals legally working in a member states contribute to the european economy through their work and tax payments and to serve as a safeguard to reduce unfair competition between own nationals and third - country nationals resulting from possible exploitation of the latter . ### in the absence of horizontal community legislation , the rights of third - country nationals vary , depending on the member state in which they work and on their nationality . they do not have the same rights as nationals of the member state , or other eu citizens . with a view to pursue a further development of a coherent immigration policy , to lower the rights gap between eu citizens and third - country nationals legally working and complementing the existing immigration acquis a set of rights should be laid down in particular in the form of specifying the policy fields where equal treatment with own nationals is provided for third - country workers legally admitted in a member states but not yet long term residents . such provisions are intended to establish a level playing field within the eu , to recognize third - country national’s contribution to the european society and to fight against unfair competition between own nationals and third - country nationals resulting from possible exploitation of the latter .


### working conditions , including pay and dismissal as well as health and safety at the workplace ; ### working conditions , including pay , leave , working time and dismissal as well as health and safety at the workplace ;


### in the absence of horizontal community legislation , the rights of third - country nationals vary , depending on the member state in which they work and on their nationality . they do not have the same rights as nationals of the member state , or other eu citizens . with a view to pursue a further development of a coherent immigration policy , to lower the rights gap between eu citizens and third - country nationals legally working and complementing the existing immigration acquis a set of rights should be laid down in particular in the form of specifying the policy fields where equal treatment with own nationals is provided for third - country workers legally admitted in a member states but not yet long term residents . such provisions are intended to establish a level playing field within the eu , to recognize that such third - country nationals legally working in a member states contribute to the european economy through their work and tax payments and to serve as a safeguard to reduce unfair competition between own nationals and third - country nationals resulting from possible exploitation of the latter . ### in the absence of horizontal eu legislation , the rights of third - country nationals vary , depending on the member state in which they work and on their nationality . they do not have the same rights as nationals of the member state , or other eu citizens . with a view to pursuing further development of a coherent immigration policy , narrowing the rights gap between eu citizens and third - country nationals legally working and complementing the existing immigration acquis a set of socio - economic and labour - law rights should be laid down in particular in the form of specifying the policy fields where equal treatment with own nationals is provided for third - country workers legally admitted in a member state but not yet long - term residents . such provisions are intended to introduce a minimum level of fairness within the eu , to recognise that such third - country nationals legally working in member states contribute to the european economy through their work and tax payments and to serve as a safeguard to reduce unfair competition between own nationals and third - country nationals resulting from possible exploitation of the latter .


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


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


### the general objective of the programme shall be to protect the financial interest of the union thus enhancing the competitiveness of the european economy and ensuring the protection of the taxpayers ‘ money . ### the general objective of the programme shall be to protect the financial interest of the union thus ensuring the protection of the taxpayers ‘ money .


### this objective shall be measured , inter alia , through the amount of recoveries following fraud cases detected by joint actions and cross border operations , the increased percentage of successful joint operations , and the increased number of cases accepted by the criminal investigative authorities . ### this specific objective shall be measured taking into account the key performance indicators , inter alia , through the amount of seizures , confiscations and recoveries following fraud cases detected by joint actions and cross border operations , the added value and effective use of technical equipment financed under this regulation , the increased percentage of successful joint operations , and the number and type of training activities , as well as their direct and indirect effects on the detection , seizure , confiscation and recovery of smuggled and counterfeit products .


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


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


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


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


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


### co - financing ### financing


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


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


### during the implementation of an operation , the beneficiaries and partner organisations shall inform the public about the support obtained from the fund by placing at least one poster with information about the operation , including about the financial support from the union , at a location readily visible to the public , at each place of provision of the food , goods and any accompanying measure , except if this is not possible due to the circumstances of the distribution . ### during the implementation of an operation , the beneficiaries and partner organisations shall inform the public about the support obtained from the fund by placing either at least one poster with information about the operation , including about the financial support from the union , at a location readily visible to the public , at each place of provision of the food , goods and any accompanying measure or a european flag , and in such a way as not to stigmatise end recipients , except if this is not possible due to the circumstances of the distribution .


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


### the commission and the member states shall carry out their respective roles in relation to the fund with the aim of reducing the administrative burden for beneficiaries . ### the commission and the member states shall take action to guarantee the effectiveness of the fund , in particular through monitoring , reporting and evaluation . they shall also ensure that the fund is easy for the partner organisations and beneficiaries to implement .


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


### in order to maintain the european nature of the egf , an application for support should be triggered when the number of redundancies reaches a minimum threshold . in small labour markets , such as small member states or remote regions , and in exceptional circumstances , applications may be submitted for a lower number of redundancies . as regards farmers , the necessary criteria should be determined by the commission in relation to the consequences of each trade agreement . ### in order to maintain the european nature of the egf , an application for support should be triggered when the number of redundancies reaches a minimum threshold . in small labour markets , such as small member states or remote regions , and in exceptional circumstances , applications may be submitted for a lower number of redundancies .


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


### a reasoned analysis of the link between the redundancies and the major structural changes in world trade patterns , or the serious disruption of the local , regional or national economy caused by an unexpected crisis , or the new market situation in the agricultural sector in the member state and resulting from the effects of a trade agreement initialled by the european union in accordance with article xxiv of the gatt or a multilateral agreement initialled within the world trade organisation as per article 2 . this analysis shall be based on statistical and other information at the most appropriate level to demonstrate the fulfilment of the intervention criteria set out in article 4 ; ### a reasoned analysis of the link between the redundancies and the major structural changes in world trade patterns , or the serious disruption of the local , regional or national economy caused by an unexpected crisis . this analysis shall be based on statistical and other information at the most appropriate level to demonstrate the fulfilment of the intervention criteria set out in article 4 ;


### the aim of the egf shall be to contribute to economic growth and employment in the union by enabling the union to show solidarity towards workers made redundant as a result of major structural changes in world trade patterns due to globalisation , trade agreements affecting agriculture , or an unexpected crisis , and to provide financial support for their rapid reintegration into employment , or for changing or adjusting their agricultural activities . ### the aim of the egf shall be to contribute to economic growth and employment in the union by enabling the union to show solidarity towards workers made redundant as a result of major structural changes in world trade patterns due to globalisation or an unexpected crisis , and to provide financial support for their rapid reintegration into employment , or for changing or adjusting their agricultural activities .


### in compliance with the communication on ' a budget for europe 2020 ' , the scope of the egf should be broadened to facilitate the adaptation of farmers to a new market situation resulting from international trade agreements in the agricultural sector and leading to a change or a significant adjustment in the agricultural activities of the affected farmers so as to assist them to become structurally more competitive or to facilitate their transition to non - agricultural activities . ### delete


### financial contributions from the egf should be primarily directed at active labour market measures aimed at reintegrating redundant workers rapidly into employment , either within or outside their initial sector of activity , including the agricultural sector . the inclusion of pecuniary allowances in a coordinated package of personalised services should therefore be restricted . ### financial contributions from the egf should be primarily directed at active labour market measures aimed at reintegrating redundant workers rapidly into employment , either within or outside their initial sector of activity . the inclusion of pecuniary allowances in a coordinated package of personalised services should therefore be restricted .


### for owner - managers of micro , small and medium - sized enterprises and self - employed workers , the redundancy shall be counted either from the date of cessation of the activities caused by any of the conditions set out in article 2 , and determined in accordance with national law or administrative provisions , or from the date specified by the commission in the delegated act adopted in accordance with the article 4 . ### for owner - managers of micro , small and medium - sized enterprises and self - employed workers , the redundancy shall be counted either from the date of cessation of the activities caused by any of the conditions set out in article 2 , and determined in accordance with national law or administrative provisions .


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


### the member state shall submit a complete application to the commission within a period of 12 weeks from the date on which the criteria set in article 4 or are met or , where applicable , before the deadline set by the commission in accordance with article 4 . in exceptional and duly justified circumstances the application may be supplemented with additional information by the applicant member state within six months from the date of application , following which the commission shall assess the application on the basis of the available information . the commission shall complete its assessment of the application within twelve weeks of the date of receipt of a complete application or six months after the date of the initial application , whichever is the earlier . ### the member state shall submit a complete application to the commission within a period of 12 weeks from the date on which the criteria set in article 4 or are met . in exceptional and duly justified circumstances the application may be supplemented with additional information by the applicant member state within six months from the date of application , following which the commission shall assess the application on the basis of the available information . the commission shall complete its assessment of the application within twelve weeks of the date of receipt of a complete application or six months after the date of the initial application , whichever is the earlier .


### the applicant member state may provide personalised services co - financed by the egf to affected workers , who may include : all workers being made redundant in accordance with article 5 , within the period provided for in article 4 , or , workers being made redundant before or after the period provided for in article 4 or , in cases where an application under article 4 derogates from the criteria set out in article 4 , farmers changing or adjusting their previous agricultural activities following the initialling by the union of a trade agreement referred to in the delegated act taken in accordance with article 4 . ### the applicant member state may provide personalised services co - financed by the egf to affected workers , who may include : all workers being made redundant in accordance with article 5 , within the period provided for in article 4 or , workers being made redundant before or after the period provided for in article 4 or , in cases where an application under article 4 derogates from the criteria set out in article 4 .


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


### the customs authorities should be able to control goods , which are or should have been subject to customs supervision in the customs territory of the union , with a view to enforcing intellectual property rights . enforcing intellectual property rights at the border , wherever the goods are , or should have been , under ‘ customs supervision’ as defined by council regulation no 2913 / 92 establishing the community customs code , makes good use of resources . where goods are detained by customs at the border , one legal proceeding is required , whereas several separate proceedings would be required for the same level of enforcement for goods found on the market , which have been disaggregated and delivered to retailers . an exception should be made for goods released for free circulation under the end - use regime , as such goods remain under customs supervision , even though they have been released for free circulation . it is also appropriate not to apply the regulation to goods carried by passengers in their personal luggage as long as these goods are for their own personal use and there are no indications that commercial traffic is involved . ### the customs authorities should be able to control goods , which are or should have been subject to customs supervision in the customs territory of the union , with a view to enforcing intellectual property rights . enforcing intellectual property rights at the border , wherever the goods are , or should have been , under ‘ customs supervision’ as defined by council regulation no 2913 / 92 establishing the community customs code , makes good use of resources . where goods are detained by customs at the border , one legal proceeding is required , whereas several separate proceedings would be required for the same level of enforcement for goods found on the market , which have been disaggregated and delivered to retailers . an exception should be made for goods released for free circulation under the end - use regime , as such goods remain under customs supervision , even though they have been released for free circulation . when a traveller ' s personal baggage contains goods of a non - commercial nature within the limit of the duty - free allowance and there are no material indications to suggest the goods are part of commercial traffic , member states should consider such goods to be outside the scope of this regulation .


### the general purpose of the european year shall be to enhance awareness of the rights attached to union citizenship , in order to help citizens make full use of their right to move and reside freely within the territory of the member states . in this context , the european year shall focus , among others , on the opportunities for civic participation and access to rights by union citizens residing in another member state than their own , by students , workers , consumers , and providers of goods and services across the union . ### the general purpose of the european year shall be to enhance awareness of the rights attached to union citizenship , in order to help citizens make full use of their rights . in this context , the european year shall focus , among others , on the opportunities for civic participation and access to rights by union citizens residing in another member state than their own , by students , workers , consumers , and providers of goods and services across the union .


### it is important for the performance of effective official controls and other official activities that the competent authorities in the member states , the commission and , where relevant , operators be able to exchange data and information related to official controls or results therefrom rapidly and efficiently . several information systems are established by union legislation and managed by the commission to allow such data and information to be handled and managed through union wide computerised and internet - based tools . a system dedicated to recording and tracing official control results is the trade control and expert system , established by commission decision 2003 / 24 / ec of 30 december 2002 concerning the development of an integrated computerised veterinary system and currently used for the management of data and information on animals and products of animal origin and official controls thereon21 . that system should be upgraded so as to allow its use for all goods for which union agri - food chain legislation establishes specific requirements or official control modalities . dedicated computerised systems also exist for the rapid exchange of information between member states and with the commission on risks which might arise in the food chain or for animal and plant health . article 50 of regulation no 178 / 2002 establishes the rasff , article 20 of regulation xxx / xxxx [ office of publications , please insert number , date , title and , in a footnote , the oj reference for the regulation on animal health ] a system for the notification and reporting on the measures on listed diseases , and article 97 of regulation xxx / xxxx [ office of publications , please insert number , date , title and , in a footnote , the oj reference for the regulation on protective measures against pests of plants ] a system for the notification and reporting of the presence of pests and the notification of non - compliances . all such systems should work in a harmonious , consistent manner that makes use of synergies between the different systems , avoids duplications , simplifies their operation and makes them more efficient . __________________ 21 oj l 8 , 14 . 1 . 2003 , p . 44 . ### it is important for the performance of effective official controls and other official activities that the competent authorities in the member states , the commission and , where relevant , operators be able to exchange data and information related to official controls or results therefrom rapidly and efficiently . several information systems are established by union legislation and managed by the commission to allow such data and information to be handled and managed through union wide computerised and internet - based tools . a system dedicated to recording and tracing official control results is the trade control and expert system , established by commission decision 2003 / 24 / ec of 30 december 2002 concerning the development of an integrated computerised veterinary system and currently used for the management of data and information on animals and products of animal origin and official controls thereon21 . that system should be upgraded and adapted so as to allow its use for all goods for which union agri - food chain legislation establishes specific requirements or official control modalities . dedicated computerised systems also exist for the rapid exchange of information between member states and with the commission on risks which might arise in the food chain or for animal and plant health . article 50 of regulation no 178 / 2002 establishes the rasff , article 20 of regulation xxx / xxxx [ office of publications , please insert number , date , title and , in a footnote , the oj reference for the regulation on animal health ] a system for the notification and reporting on the measures on listed diseases and on food fraud , and article 97 of regulation xxx / xxxx [ office of publications , please insert number , date , title and , in a footnote , the oj reference for the regulation on protective measures against pests of plants ] a system for the notification and reporting of the presence of pests and the notification of non - compliances . all such systems should work in a harmonious , consistent manner that makes use of synergies between the different systems , avoids duplications , simplifies their operation and makes them more efficient . __________________ 21 oj l 8 , 14 . 1 . 2003 , p . 44 .