### where it is decided not to authorise or to restrict the use of a biocidal product pursuant to paragraph 3 , that cancellation or amendment of the authorisation shall take effect five years after the decision or at the end of the inclusion period of the candidate for substitution , whichever is the earlier . ### where it is decided not to authorise or to restrict the use of a biocidal product pursuant to paragraph 3 , that cancellation or amendment of the authorisation shall take effect three years after the decision or at the end of the inclusion period of the candidate for substitution , whichever is the earlier .


### the competent authority that has received an application for mutual recognition in accordance with articles 25 or 28 may , within two months from the receipt of the application , propose to the applicant that certain conditions referred to in points , , , and of article 58 in the authorisation be adjusted to local circumstances , so that conditions for issue of an authorisation laid down in article 16 are satisfied , and shall inform the commission thereof , if it establishes that , in its territory , one of the following conditions is met : ### the competent authority that has received an application for mutual recognition in accordance with articles 25 or 28 may , within two months from the receipt of the application , propose to the applicant that certain conditions referred to in points , , , , and of article 58 in the authorisation be adjusted to local circumstances , so that conditions for issue of an authorisation laid down in article 16 are satisfied , and shall inform the commission thereof , if it establishes that , in its territory , one of the following conditions is met :


### the relevant circumstances of use , in particular the climate or the breeding period of the target species , differ significantly from those in the member state where the initial evaluation was carried out or the member state where the initial national authorisation was issued , and an unchanged national authorisation may therefore present unacceptable risks to humans or to the environment . ### the relevant circumstances of use , in particular the climate or the breeding period of the target species , differ significantly from those in the member state where the initial evaluation was carried out or the member state where the initial national authorisation was issued ,


### derogation regarding certain product - types ### derogation regarding certain active substances or product - types


### by way of derogation from articles 25 and 28 , competent authorities of member states may refuse mutual recognition of national authorisations granted for product types 15 , 17 and 23 of annex v provided that such a refusal can be justified on grounds of the protection of health of humans , animals or plants , the protection of national treasures possessing artistic , historic or archaeological value , or the protection of industrial and commercial property . competent authorities of member states shall without delay inform each other and the commission of any decision taken in this respect and shall indicate the reasons thereof . ### by way of derogation from articles 25 and 28 , competent authorities of member states may refuse mutual recognition of national authorisations granted for active substances referred to in article 5 and 9 and for product types 15 , 17 and 23 of annex v provided that such a refusal can be justified on grounds of the protection of health of humans , animals or plants , the protection of national treasures possessing artistic , historic or archaeological value , or the protection of industrial and commercial property . competent authorities of member states shall without delay inform each other and the commission of any decision taken in this respect and shall indicate the reasons thereof .


### in view of the fact that the active substance characteristics render it potentially persistent , liable to bioaccumulate and toxic , or very persistent and very liable to bioaccumulate , the active substance shall be considered a candidate for substitution in accordance with article 9 . authorisations are subject to the following conditions : the nominal concentration of the active substance in the products shall not exceed 75 mg / kg and only ready - for - use products shall be authorised . products shall contain an aversive agent and , where appropriate , a dye . products shall not be used as tracking powder . primary as well as secondary exposure of humans , non - target animals and the environment are minimised , by considering and applying all appropriate and available risk mitigation measures . these include , amongst others , the restriction to professional use only , setting an upper limit to the package size and laying down obligations to use tamper resistant and secured bait boxes . ### in view of the fact that the active substance characteristics meet the criteria for classification as toxic to reproduction category 1a and render it potentially persistent , liable to bioaccumulate and toxic , or very persistent and very liable to bioaccumulate , the active substance shall be considered a candidate for substitution in accordance with article 9 . in view of the risks identified for the aquatic compartments , the fact that the active substance is very toxic to birds and mammals , the risks for infant poisoning , the problem of resistance formation and the pain and prolonged suffering it causes in target animals , authorisations are subject to the following condition : a serious danger to public health is proven that cannot be controlled by any other means . the following risk mitigation measures shall be taken : the nominal concentration of the active substance in the products shall not exceed 75 mg / kg and only ready - for - use products shall be authorised . products shall contain an aversive agent and , where appropriate , a dye . products shall not be used as tracking powder . primary as well as secondary exposure of humans , non - target animals and the environment shall be minimised by applying all appropriate and available risk mitigation measures . these include , amongst others , that the use shall be restricted to professional use only , that an upper limit to the package size shall be set and that only tamper resistant and secured bait boxes shall be used .


### tests submitted for the purpose of authorisation shall be conducted according to the methods described in council regulation no 440 / 2008 . however , if a method is inappropriate or not described , other methods shall be used which are , whenever possible , internationally recognised and must be justified in the application . ### tests submitted for the purpose of authorisation shall be conducted according to the methods described in council regulation no 440 / 2008 . methods listed in annex i do not cover nanomaterials , except where specifically mentioned . however , if a method is inappropriate or not described , other methods shall be used which are , whenever possible , internationally recognised and the validity of which must be justified in the application .


### 1 . identification of any substances falling within the scope of list i or list ii of the annex to directive 80 / 68 / eec on the protection of groundwater against pollution caused by certain dangerous substances . ### 1 . identification of any substances falling within the scope of list i or list ii of the annex to directive 80 / 68 / eec on the protection of groundwater against pollution caused by certain dangerous substances , annex i part b to directive 98 / 83 / ec on the quality of water intended for human consumption , or annex x to directive 2000 / 60 / ec establishing a framework for community action in the field of water policy .


### in order to ensure a high and harmonised level of protection of human and animal health and of the environment , any risks arising from the use of a biocidal product shall be identified . to achieve this , a risk assessment shall be carried out to determine the acceptability or otherwise of any risks identified during the proposed normal use of the biocidal product . this is done by carrying out an assessment of the risks associated with the relevant individual components of the biocidal product . ### in order to ensure a high and harmonised level of protection of human and animal health and of the environment , any risks arising from the use of a biocidal product shall be identified . to achieve this , a risk assessment shall be carried out to determine the acceptability or otherwise of any risks identified during the proposed normal use of the biocidal product . this is done by carrying out an assessment of the risks associated with the relevant individual components of the biocidal product , taking due account of cumulative , combination and synergistic effects .


### a risk assessment on the active substance or substances present in the biocidal product is always required . this will already have been carried out for the purpose of the inclusion of the active substance into annex i . this risk assessment shall entail hazard identification , and , as appropriate , dose - response assessment , exposure assessment and risk characterisation . where a quantitative risk assessment cannot be made a qualitative assessment shall be produced . ### a risk assessment on the active substance or substances present in the biocidal product is always required . this will already have been carried out for the purpose of the inclusion of the active substance into annex i . this risk assessment shall entail hazard identification , and , as appropriate , dose - response assessment , exposure assessment and risk characterisation , taking due account of cumulative , combination and synergistic effects . where a quantitative risk assessment cannot be made a qualitative assessment shall be produced .


### for each active substance and each substance of concern present in the biocidal product , the risk assessment shall entail a hazard identification and the establishment of appropriate no - observed - adverse - effect levels , where possible . it shall also include , as appropriate , a dose - response assessment , together with an exposure assessment and a risk characterisation . ### for each active substance and each substance of concern present in the biocidal product , the risk assessment shall entail a hazard identification and the establishment of appropriate no - observed - adverse - effect levels , where possible . it shall also include , as appropriate , a dose - response assessment , together with an exposure assessment and a risk characterisation , taking due account of cumulative , combination and synergistic effects .


### - the nature and severity of the effect , ### - the nature and severity of the effect , taking due account of cumulative , combination and synergistic effects


### the financial crisis has exposed weaknesses in the functioning and in the transparency of financial markets . the evolution of financial markets have exposed the need to strengthen the framework for the regulation of markets in financial instruments in order to increase transparency , better protect investors , reinforce confidence , reduce unregulated areas , ensure that supervisors are granted adequate powers to fulfil their tasks . ### the financial crisis has exposed weaknesses in the functioning and in the transparency of financial markets . the evolution of financial markets have exposed the need to strengthen the framework for the regulation of markets in financial instruments in order to increase transparency , better protect investors , reinforce confidence , reduce unregulated areas , ensure that supervisors are granted adequate powers to fulfil their tasks . as commodity derivative markets have an effect on global food prices , strengthening the regulatory framework is also necessary in order to ensure policy coherence for development as enshrined in article 208 tfeu .


### the financial crisis has exposed weaknesses in the functioning and in the transparency of financial markets . the evolution of financial markets have exposed the need to strengthen the framework for the regulation of markets in financial instruments in order to increase transparency , better protect investors , reinforce confidence , reduce unregulated areas , ensure that supervisors are granted adequate powers to fulfil their tasks . ### the financial crisis has exposed weaknesses in the functioning and in the transparency of financial markets . the evolution of financial markets have exposed the need to strengthen the framework for the regulation of markets in financial instruments in order to increase transparency , better protect investors , reinforce confidence , ensure there are no unregulated areas , ensure that supervisors are granted adequate powers to fulfil their tasks .


### the introduction of a commercial solution for a consolidated tape for equities should contribute to creating a more integrated european market and make it easier for market participants to gain access to a consolidated view of trade transparency information that is available . the envisaged solution is based on an authorisation of providers working along pre - defined and supervised parameters which are in competition with each other in order to achieve technically highly sophisticated and innovative solutions , serving the market to the greatest extent possible . ### the introduction of a commercial solution for a consolidated tape for equities should contribute to creating a more integrated european market and make it easier for market participants to gain access to a consolidated view of trade transparency information that is available . the envisaged solution is based on an authorisation of providers working along pre - defined and supervised parameters which are in competition with each other in order to achieve technically highly sophisticated and innovative solutions , serving the market to the greatest extent possible . in case commercial solutions fail to provide an effective consolidated tape for equities , the european commission shall bring forward a public solution for a consolidated tape for equities able to achieve effective post - trade transparency .


### the introduction of a commercial solution for a consolidated tape for equities should contribute to creating a more integrated european market and make it easier for market participants to gain access to a consolidated view of trade transparency information that is available . the envisaged solution is based on an authorisation of providers working along pre - defined and supervised parameters which are in competition with each other in order to achieve technically highly sophisticated and innovative solutions , serving the market to the greatest extent possible . ### the introduction of a commercial solution for a consolidated tape for equities should contribute to creating a more integrated european market and make it easier for market participants to gain access to a consolidated view of trade transparency information that is available . the envisaged solution is based on an authorisation of providers working along pre - defined and supervised parameters which are in competition with each other in order to achieve technically highly sophisticated and innovative solutions , serving the market to the greatest extent possible . in case commercial solutions fail to provide an effective consolidated tape for equities , the european commission should bring forward a public solution for a consolidated tape for equities able to achieve effective post - trade transparency .


### the commission shall adopt delegated acts in accordance with article 94 concerning measures in respect of exemptions and , to clarifying when an activity is to be considered as ancillary to the main business on a group level as well as for determining when an activity is provided in an incidental manner . ### esma shall develop draft regulatory technical standards concerning measures in respect of exemptions and , to clarifying when an activity is to be considered as ancillary to the main business on a group level and specifying a threshold determining the market proportion and impact that shall be considered significant as well as for determining when an activity is provided in an incidental manner .


### the commission shall adopt delegated acts in accordance with article 94 concerning measures in respect of exemptions and , to clarifying when an activity is to be considered as ancillary to the main business on a group level as well as for determining when an activity is provided in an incidental manner . ### esma shall submit draft regulatory technical standards to the commission concerning measures in respect of exemptions and , to clarifying when an activity is to be considered as ancillary to the main business on a group level and specifiying a threshold determining the market proportion and impact that shall be considered significant as well as for determining when an activity is provided in an incidental manner .


### regulated markets , mtf and otfs shall inform their competent authority of the details of the limits or arrangements . the competent authority shall communicate the same information to esma which shall publish and maintain on its website a database with summaries of the limits or arrangements in force . ### regulated markets , mtf , otfs and otc dealers shall notify their competent authority of the details of the limits and arrangements . the competent authority shall communicate the same information to esma which shall publish and maintain on its website a database with summaries of the limits or arrangements in force . the competent authority or esma may require the regulated markets , mtf , otfs or otc dealers to review the details of the limits and arrangements when they consider that the regulated markets , mtf , otfs or otc dealers do not satisfy the criteria defined in paragraph 1 .


### regulated markets , mtf and otfs shall inform their competent authority of the details of the limits or arrangements . the competent authority shall communicate the same information to esma which shall publish and maintain on its website a database with summaries of the limits or arrangements in force . ### regulated markets , mtfs , otfs and otc dealers shall notify their competent authority of the details of the limits and arrangements . the competent authority shall communicate the same information to esma which shall publish and maintain on its website a database with summaries of the limits or arrangements in force . the competent authority or esma may require the regulated markets , mtfs , otfs or otc dealers to review the details of the limits and arrangements when they consider that the regulated markets , mtfs , otfs or otc dealers do not satisfy the criteria defined in paragraph 1 .


### in order to enable the publication mentioned in point of paragraph 1 , member states shall require members and participants of regulated markets , mtfs and otfs to report to the respective trading venue the details of their positions in real - time , including any positions held on behalf of their clients . ### in order to enable the publication mentioned in point of paragraph 1 , member states shall require all persons holding a position in a relevant financial instrument to report to the respective trading venue or , in the case of otc contracts , directly to competent authorities the details of their positions in real - time , including any positions held on behalf of their clients as well as whether the transaction is a bona fide hedging transaction .


### in order to enable the publication mentioned in point of paragraph 1 , member states shall require members and participants of regulated markets , mtfs and otfs to report to the respective trading venue the details of their positions in real - time , including any positions held on behalf of their clients . ### in order to enable the publication mentioned in point of paragraph 1 , member states shall require all persons holding a position in a relevant financial instrument to report to the respective trading venue or in the case of otc contracts directly to competent authorities the details of their positions in real - time , including any positions held on behalf of their clients as well as to whether the transaction is a bona fide hedging transaction .


### the commission shall be empowered to adopt delegated acts in accordance with article 94 concerning measures to specify the thresholds mentioned in the last subparagraph of paragraph 1 and to refine the categories of members , participants or clients mentioned in paragraph 3 . ### esma shall develop draft regulatory technical standards concerning measures to specify the thresholds mentioned in the last subparagraph of paragraph 1 and to adopt the relevant guidelines , criteria and notification requirements for the specification of the categories of members , participants , otc dealers , or clients mentioned in paragraph 3 .


### the commission shall be empowered to adopt delegated acts in accordance with article 94 concerning measures to specify the thresholds mentioned in the last subparagraph of paragraph 1 and to refine the categories of members , participants or clients mentioned in paragraph 3 . ### esma shall submit draft regulatory technical standards to the commission concerning measures to specify the thresholds mentioned in the last subparagraph of paragraph 1 and adopt the relevant guidelines , criteria and notification requirements for the specification of the categories of members , participants , otc dealers , or clients mentioned in paragraph 3 .


### attention should be paid in the case of environmental and social accounts to the communication from the commission to the european parliament and the council of 20 august 2009 entitled ‘ gdp and beyond - measuring progress in a changing world’ . therefore , further methodological studies and data tests may be required . ### in the case of environmental and social accounts , the communication from the commission to the european parliament and the council of 20 august 2009 entitled ‘ gdp and beyond - measuring progress in a changing world’ should be fully taken into account . further methodological studies and data tests may be required , but there is sufficient evidence for the need and there are instruments available , to take swift action to overcome the shortcomings of the gdp concept . the commission should present , by july 2013 , to the european parliament and to the council an updated communication on ' gdp and beyond ' , together with an action plan centred on concrete legislative proposals to be made by july 2014 .


### a task force has been set up to further examine the issue of the treatment of financial intermediation services indirectly measured in national accounts . taking into consideration the findings of the task force , it may be necessary to amend the methodology for the calculation and allocation of fisim , by means of a delegated act before the end of 2012 , in order to provide more reliable results . ### a task force has been set up to further examine the issue of the treatment of financial intermediation services indirectly measured in national accounts . taking into consideration the findings of the task force , it is necessary to amend the methodology for the calculation and allocation of fisim by incorporating a risk adjusted method that adequately reflects the expected future cost of realised risk , by means of a delegated act before the end of 2012 , in order to provide more reliable results .


### there is a need to pursue studies and work , in particular on issues related to gdp and beyond and europe 2020 with the aim of developing a more comprehensive measurement approach for wellbeing and progress in order to support the promotion of a smart , sustainable and inclusive economy . these studies and work will help to further improve data availability , transmission and quality , to enhance methodologies , so as to prepare for future developments . ### there is a need to conduct studies and act swiftly , in particular on issues related to gdp and beyond and europe 2020 with the aim of developing a more comprehensive measurement approach for wellbeing and progress in order to support the promotion of a smart , sustainable and inclusive economy , fully taking into account environmental externalities and social inequalities , and working towards overcoming these . such studies and work will help to further improve data availability , transmission and quality , to enhance methodologies , so as to prepare for future developments . data on national and regional accounts should be seen as one element in the pursuit of those aims .


### member states shall carry out the calculation and allocation of financial intermediation services indirectly measured in national accounts in accordance with the methodology described in annex a . the commission may lay down before the end of 2012 , by means of delegated acts in accordance with articles 7 , 8 and 9 , a methodology for the calculation and allocation of fisim . ### member states shall carry out the calculation and allocation of financial intermediation services indirectly measured in national accounts in accordance with the methodology described in annex a . the commission shall lay down before the end of 2012 , by means of delegated acts in accordance with articles 7 , 8 and 9 , a methodology for the calculation and allocation of fisim , incorporating a risk - adjusted method that adequately reflects the expected future cost of realised risk .


### ‘ place of safety’ means a location where rescue operations are considered to terminate and where the survivors ' safety of life including as regards the protection of their fundamental rights is not threatened , where their basic human needs can be met and from which transportation arrangements can be made for the survivors ' next destination or final destination ; ### place of safety means a location where rescue operations are considered to terminate and where the survivors ' safety of life as well as the protection of their human rights are not threatened , where their basic human needs can be met and from which transportation arrangements can be made for the survivor ' s next destination or final destination , in respect of the principle of non - refoulement ;


### before deciding on disembarkation in a third country , the participating units shall take into account the general situation in that third country and intercepted or rescued persons shall not be disembarked in that third country when the host member state or the participating member states are aware or ought to be aware that this third country is engaged in practices as described in paragraph 1 . ### before deciding on disembarkation in , or conducting towards a third country , the participating units shall take into account the general situation in that third country and intercepted or rescued persons shall not be disembarked in or conducted to that third country when the host member state or the participating member states are aware or ought to be aware that this third country is engaged in practices as described in paragraph 1 . member states are responsible for providing the participating units with relevant information . for this purpose , they may use the information prepared by the european asylum support office , the agency ' s risk analysis unit , the united nations high commissioner for refugees and by other international or non - governmental organisations .


### in case of disembarkation in a third country , the participating units shall identify the intercepted or rescued persons and assess their personal circumstances to the extent possible before disembarkation . they shall inform the intercepted or rescued persons of the place of disembarkation in an appropriate way and they shall give them an opportunity to express any reasons for believing that disembarkation in the proposed place would be in violation of the principle of non - refoulement . ### before deciding on disembarkation in , or conducting towards a third country , the participating units shall identify the intercepted or rescued persons and assess their individual personal circumstances including their medical conditions and other circumstances that might make these persons vulnerable . they shall inform the intercepted or rescued persons in a language or in the languages these persons understand , inter alia via access to the easo interpreters ' helpline , of the place of disembarkation or return , give them the right to contact a lawyer and inform them of their right to express protest against the intended measure . if an intercepted or rescued person expresses protest against the intended disembarkation in , or conduction towards a third country , the person shall be brought to a place on the territory of a member state where he or she can make use of legal remedies , or , if the person expresses reasons for believing that the intended measure would be in violation of the principle of non - refoulement , the person shall be given access to an asylum procedure on the territory of a member state in accordance with article 6 of directive 2013 / 32 / eu of the european parliament and of the council of 26 june 2013 on common procedures for granting and withdrawing international protection .


### “competent authority” means the national regulatory authority or national governmental authority designated by the member states to be responsible for security of gas supply . this is without prejudice to the choice of member states to allocate certain tasks in this regulation to other authorities than the competent authority . these tasks shall be performed under the supervision of the competent authority and shall be specified in the plans referred to in article 4 . ### “competent authority” means the national regulatory authority . this is without prejudice to general policy guidelines issued by the government not related to the regulatory powers and duties under article 41 of directive 2009 / 73 / ec of the european parliament and of the council of 13 july 2009 concerning common rules for the internal market in natural gas1 and the choice of member states to allocate certain tasks in this regulation to other entities than the competent authority . these tasks shall be performed under the supervision of the competent authority and shall be specified in the plans referred to in article 4 . _______________________ 1 oj l 211 , 14 . 8 . 2009 , p . 94 .


### the measures to ensure the security of supply shall be clearly defined , transparent , proportionate , non - discriminatory , verifiable , and shall not unduly distort competition and the effective functioning of the internal market . ### the measures to ensure the security of supply shall be clearly defined , transparent , proportionate , non - discriminatory , verifiable , and shall not unduly distort competition and the effective functioning of the internal market . the commission together with the competent authority shall ensure that no clauses having the effect of a destination clause exist in contracts for natural gas concluded between member states or their natural gas undertakings and third countries . this is without prejudice to the competences of competition authorities . such measures shall further be without prejudice to existing eu market mechanisms concerning ghg emissions , in case of industrial sectors falling under such mechanisms .


### member states may also decide to establish joint plans at regional level , instead of or in addition to separate national plans . ### member states may also decide to establish joint plans at regional level , instead of or in addition to separate national plans , by means of a binding agreement between the competent authorities . such joint plans shall be subject to the same provisions and have the same legal force as a national plan .


### the preventive action plan , in particular the actions to meet the infrastructure standard as laid down in article 6 , shall be based on and consistent with the ten year network development plan to be elaborated by the entso - g . ### the preventive action plan , in particular the actions to meet the infrastructure standard as laid down in article 6 , shall be based on and consistent with the ten year network development plan to be elaborated by the entso - g and shall be binding on system operators .


### in addition to the monitoring and reporting obligations provided for in article 5 of the gas directive the competent authority shall publish and forward to the commission a report by 31 july each year containing the following data : ### in addition to the monitoring and reporting obligations provided for in article 5 of the gas directive the competent authority shall publish and forward to the commission a report by 31 july each year containing the following data in non - aggregated form :


### the second subparagraph of article 18 of regulation no 247 / 2006 foresees gradual elimination , by 31 december 2013 , of vineyards planted with prohibited direct - producer hybrid vine varieties in the azores and madeira . the third subparagraph of article 18 of that regulation obliges portugal to notify each year progress made in converting and restructuring areas planted with such vine varieties . these provisions are stricter than the rules laid down in article 120a of regulation no 1234 / 2007 , namely that prohibited direct - producer hybrid vine varieties shall be grubbed up except when the resulting wine is intended exclusively for the wine producers ' family . therefore article 18 and 18 of regulation no 247 / 2006 should be deleted in order to eliminate the disparity of treatment between the regions of the azores and madeira on one hand and the rest of the community on the other . ### the second subparagraph of article 18 of regulation no 247 / 2006 foresees gradual elimination , by 31 december 2013 , of vineyards planted with prohibited direct - producer hybrid vine varieties in the azores and madeira . the third subparagraph of article 18 of that regulation obliges portugal to notify each year progress made in converting and restructuring areas planted with such vine varieties . these provisions are stricter than the rules laid down in article 120a of regulation no 1234 / 2007 , namely that prohibited direct - producer hybrid vine varieties shall be grubbed up except when the resulting wine is intended exclusively for the wine producers ' family . therefore the date of 31 december 2013 in article 18 of regulation no 247 / 2006 should be deleted in order to eliminate the disparity of treatment between the regions of the azores and madeira on one hand and the rest of the community on the other and to allow the continuing conversion of vineyards planted with prohibited vine varieties .


### notwithstanding article 114 of regulation no 1234 / 2007 , the production in madeira and in the french overseas department of reunion of uht milk reconstituted from milk powder originating in the community shall be authorised within the limits of local consumption requirements , insofar as this measure does not hinder that locally produced milk is collected and finds outlets . this product shall be used for local consumption only . ### notwithstanding article 114of regulation no 1234 / 2007 , the production in madeira and in the french overseas department of reunion of uht milk reconstituted from milk powder originating in the community shall be authorised within the limits of local consumption requirements , insofar as this measure ensures that locally produced milk is collected and finds outlets and does not hinder efforts to encourage the devlopment of that production . this product , whose quality must be maintained , shall be used for local consumption only .


### the commission should be able to withdraw the authorisation if an agreement conflicts with the law of the union other than the incompatibilities arising from the allocation of competence between the union and its member states . the authorisation may also be withdrawn if an agreement of the union in force with a third country contains investment provisions similar to those of a member state agreement . in order to ensure that agreements of member states do not undermine the development and implementation of the union ' s policies relating to investment , including in particular of autonomous measures of common commercial policy , authorisation may be withdrawn . finally , should the council not take a decision on the authorisation to open negotiations concerning investment within one year of the submission of a recommendation by the commission pursuant to article 218 of the treaty , the possibility would exist to withdraw the authorisation . ### the commission should be able to withdraw the authorisation if an agreement conflicts with the law of the union , including respect for the protection of human rights as well as social and environmental legislation , other than the incompatibilities arising from the allocation of competence between the union and its member states . the authorisation may also be withdrawn if an agreement of the union in force with a third country contains investment provisions similar to those of a member state agreement . in order to ensure that agreements of member states do not undermine the development and implementation of the union ' s policies relating to investment , including in particular of autonomous measures of common commercial policy , authorisation may be withdrawn . finally , should the council not take a decision on the authorisation to open negotiations concerning investment within one year of the submission of a recommendation by the commission pursuant to article 218 of the treaty , the possibility would exist to withdraw the authorisation .


### no later than five years after the entry into force of this regulation , the commission should present to the european parliament and the council a report on the application of chapters ii and iii of this regulation . this report should , inter alia , review the need for the continued application of these chapters . where the report recommends to discontinue the application of the provisions of these chapters or where it would propose to modify these provisions , it should be accompanied by an appropriate legislative proposal . unless replaced by an agreement of the union concerning investment , or otherwise terminated , bilateral agreements concluded by member states with third countries remain binding on the parties under public international law . ### no later than five years after the entry into force of this regulation , the commission should present to the european parliament and the council a report on the application of chapters ii and iii of this regulation . this report should , inter alia , review the need for the continued application of these chapters . where the report recommends to discontinue the application of the provisions of these chapters or where it would propose to modify these provisions , it should be accompanied by an appropriate legislative proposal . a timeline should be set with an end date by which the transition from the existing bilateral investment treaties of member states to eu international investment treaties should be completed .


### in recent years the european commission has presented several reports taking stock of the situation concerning gender diversity in economic decision - making . the commission has encouraged publicly listed companies in the european union to increase the number of women on their boards by self - regulatory measures and to make concrete voluntary commitments in that regard . in its women ' s charter of 5 march 2010 , the european commission underlined that women still do not have full access to the sharing of power and decision - making in political and economic life and reaffirmed its commitment to use its powers to promote a fairer representation of women and men in positions of responsibility . improving the gender balance in decision - making was defined by the commission ' s strategy for equality between women and men 2010 - 2015 as one of its priority tasks . ### in recent years the european commission has presented several reports taking stock of the situation concerning gender diversity in economic decision - making . the commission has encouraged publicly listed companies in the european union to increase the number of the under - represented sex on their boards by self - regulatory measures and to make concrete voluntary commitments in that regard . in its women ' s charter of 5 march 2010 , the european commission underlined that women still do not have full access to the sharing of power and decision - making in political and economic life and reaffirmed its commitment to use its powers to promote a fairer representation of women and men in positions of responsibility . improving the gender balance in decision - making was defined by the commission ' s strategy for equality between women and men 2010 - 2015 as one of its priority tasks .


### the efficient use of human capital is the most important determinant of an economy ' s competitiveness and is key to addressing the eu ' s demographic challenges , to competing successfully in a globalised economy and to ensuring a comparative advantage vis - à - vis third countries . the pool of highly trained and qualified women is constantly growing as evidenced by the fact that 60 per cent of university graduates are female . a continued failure to draw on this pool in appointments to economic decision - making positions would amount to a failure to fully exploit skilled human capital . ### the efficient use of human capital is the most important determinant of an economy ' s competitiveness and is key to addressing the eu ' s demographic challenges , to competing successfully in a globalised economy . there is a pool of highly trained and qualified women as evidenced among others by the fact that 60 per cent of university graduates are female . a continued failure to draw on this pool in appointments to economic decision - making positions would amount to a failure to fully exploit skilled human capital .


### at company level , it is widely acknowledged that the presence of women on boards improves corporate governance , because team performance and the quality of decision - making are enhanced due to a more diverse and collective mind - set incorporating a wider range of perspectives and therefore reaching more balanced decisions . numerous studies have also shown that there is a positive relationship between gender diversity at top management level and a company ' s financial performance and profitability . enhancing female representation on the boards of publicly listed companies in the union can therefore have a positive impact on the performance of companies concerned . ### at company level , it is widely acknowledged that the presence of women on boards improves corporate governance , because team performance and the quality of decision - making are enhanced due to a more diverse and collective mind - set incorporating a wider range of perspectives and therefore reaching more balanced decisions . numerous studies have also shown that there is a positive relationship between gender diversity at top management level and a company ' s financial performance and profitability . enhancing female representation on the boards of publicly listed companies in the union can therefore have a positive impact on the performance of companies concerned and sustainable economic development .


### despite the existing union legislation aimed at preventing and combating sex discrimination , the council recommendations aimed specifically at increasing the presence of women in economic decision - making and union - level actions encouraging self - regulation , women continue to be strongly outnumbered by men in the highest decision - making bodies of companies throughout the union . in the private sector and especially in listed companies this gender imbalance is particularly significant and acute . the commission ' s key indicator of gender representation on corporate boards shows that the proportion of women involved in top - level business decision - making remains very low . in january 2012 , women occupied on average just 13 . 7 per cent of board seats in the largest publicly listed companies in member states . among non - executive directors only 15 per cent were women . ### despite the existing union legislation aimed at preventing and combating sex discrimination , the council recommendations aimed specifically at increasing the presence of women in economic decision - making and union - level actions encouraging self - regulation , women continue to be strongly outnumbered by men in the highest decision - making bodies of companies throughout the union . in the private sector and especially in listed companies this gender imbalance is particularly significant and acute . the provisions of this directive do not unduly interfere with day - to - day management , since companies maintain the freedom to select candidates on the basis of quality or other relevant objective considerations . the commission ' s key indicator of gender representation on corporate boards shows that the proportion of women involved in top - level business decision - making remains very low . in january 2012 , women occupied on average just 13 . 7 per cent of board seats in the largest publicly listed companies in member states . among non - executive directors only 15 per cent were women . the aim is to avoid the under - represented sex being quoted out based on non - objective criteria .


### in line with that case - law , member states should ensure that the selection of the best qualified candidates for non - executive directors is based on a comparative analysis of the qualifications of each candidate on the basis of pre - established , clear , neutrally formulated and unambiguous criteria . examples of types of selection criteria that companies could apply include professional experience in managerial and / or supervisory tasks , knowledge in specific relevant areas such as finance , controlling or human resources management , leadership and communication skills and networking abilities . priority should be given to the candidate of the under - represented sex if that candidate is equally qualified as the candidate of the other sex in terms of suitability , competence and professional performance , and if an objective assessment taking account of all criteria specific to the individual candidates does not tilt the balance in favour of a candidate of the other sex . ### in line with article 23 of the charter of fundamental rights of the european union and where applicable related the case - law , member states should ensure transparency in their recruitment , selection and appointment procedures while respecting private life with regard to the processing of personal data , recognised by the articles 7 and 8 of the charter . examples of types of selection criteria that companies could apply include professional experience in managerial and / or supervisory tasks , knowledge in specific relevant areas such as finance , controlling or human resources management , leadership and communication skills and networking abilities . priority should be given to the candidate of the under - represented sex if that candidate is at least equally qualified . member states should ensure that companies that do not comply with the directive ' s key objectives disclose additional information on their recruitment , selection and appointment policies , and in particular explain measures they will implement to improve their gender balance in this regard .


### the methods of recruiting and appointing directors differ from one member state to another and from one company to another . they may involve the pre - selection of candidates to be presented to the shareholders ' assembly , for example by a nomination committee , the direct appointment of directors by individual shareholders or a vote in the shareholders ' assembly on individual candidates or lists of candidates . the requirements concerning the selection of candidates should be met at the appropriate stage of the selection process in accordance with national law and the articles of association of the listed companies concerned . in this respect , this directive only establishes a minimum harmonisation of selection procedures , making it possible to apply the conditions provided for by the case - law of the court of justice with a view to attaining the objective of a more balanced gender representation in the boards of listed companies . ### the methods of recruiting , selection and appointing directors differ from one member state to another and from one company to another . they may involve the pre - selection of candidates to be presented to the shareholders ' assembly , for example by a nomination committee , the direct appointment of directors by individual shareholders or a vote in the shareholders ' assembly on individual candidates or lists of candidates . this legislative instrument respects diversity in selection procedures while insisting that the aim of increasing the under - represented sex ' s participation on boards is attained . the requirements concerning the selection of candidates should be met at the appropriate stage of the selection process in accordance with national law and the articles of association of the listed companies concerned . in this respect , this directive allows for a diversity of selection procedures , with a view to attaining the objective of a more balanced gender representation in the boards of listed companies . the provision of this directive does not unduly interfere with day - to - day management , since companies maintain the freedom to select candidates on the basis of qualifications or other objective relevant considerations .


### member states shall require listed companies to provide information to the competent national authorities , once a year as from [ two years after adoption ] , about the gender representation on their boards , distinguishing between non - executive and executive directors and about the measures taken in view of the objectives laid down in article 4 and in paragraph 1 of this article , and to publish that information in an appropriate and accessible manner on their website . ### member states shall require listed companies to provide information to the competent national authorities , to the public in an appropriate and accessible manner on their website and in their annual audit report once a year [ after adoption ] , about the gender representation on their boards , distinguishing between non - executive and executive directors ; the percentile difference in remuneration and compensation schemes by gender between directors , executive and non - executive positions ; the progress made and measures taken in view of the objectives laid down in article 4 and in paragraph 1 of this article . as well as the gender composition of candidates to any director and executive position filled during the reference period


### member states shall lay down rules on sanctions applicable to infringements of the national provisions adopted pursuant to this directive and shall take all necessary measures to ensure that they are applied . ### member states shall lay down rules on sanctions applicable to infringements of the national provisions adopted pursuant to this directive and shall take all necessary measures to ensure that they are applied . member states shall report on the commission sanctions that are in place to comply with the provisions of this directive .


### the objective of that recovery plan shall be to achieve a biomass corresponding to the maximum sustainable yield with greater than 60 % probability . ### the objective of that recovery plan shall be to achieve a biomass corresponding to the maximum sustainable yield with greater than 75 % probability by 2015 .


### purse seine fishing for bluefin tuna shall be prohibited in the eastern atlantic and mediterranean during the period from 15 june to15 may . ### purse seine fishing for bluefin tuna shall be prohibited in the eastern atlantic and mediterranean .


### for the purpose of this article harmonised statistical data provided by eurostat shall be used . ### for the purpose of this article harmonised last available statistical data provided by eurostat shall be used .


### member states may also draw up and maintain accounts that accurately reflect emissions and removals resulting from revegetation , and wetland drainage and rewetting . ### member states may establish and maintain accounts for emissions and removals from revegetation .


### by opening business opportunities , the deployment of broadband networks and digital service infrastructures will stimulate job creation in the union . construction of broadband networks will also have an immediate effect on employment in particular in civil engineering sector . ### by opening business opportunities , the deployment of broadband networks and digital service infrastructures will stimulate job creation in the union . construction of broadband networks will also have an immediate effect on employment in particular in civil engineering sector and on access to jobs , for example in rural areas .


### in order to take into account the developments in the areas of information and communication technologies , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission in respect of amending the annex to this regulation . it is of particular importance that the commission carries out appropriate consultations during its preparatory work , including at expert level . the objective of this delegation is to address new technological and market developments , emerging political priorities or opportunities for exploiting synergies between different infrastructures , including those in the fields of transport and energy . the scope of delegation is limited to modifying the description of projects of common interest , adding a project of common interest or removing an obsolete project of common interest according to pre - established , clear and transparent criteria . ### in order to take into account the developments in the areas of information and communication technologies , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission in respect of amending the annex to this regulation . it is of particular importance that the commission carries out appropriate consultations at regional and local level during its preparatory work , including at expert level . . the objective of this delegation is to address new technological and market developments , emerging political priorities or opportunities for exploiting synergies between different infrastructures , including those in the fields of transport and energy . the scope of delegation is limited to modifying the description of projects of common interest , adding a project of common interest or removing an obsolete project of common interest according to pre - established , clear and transparent criteria .


### contribute to improvements in daily life for citizens , businesses and governments through the promotion of the interconnection and interoperability of national telecommunication networks as well as access to such networks . ### contribute to improvements in daily life for citizens , businesses and governments at every level , through the promotion of the interconnection and interoperability of national telecommunication networks as well as access to such networks .


### member states and / or other entities in charge of the implementation of projects of common interest or contributing to their implementation shall take the necessary legal , administrative , technical and financial measures in compliance with the corresponding specifications of this regulation . ### member states and / or other entities in charge of the implementation of projects of common interest or contributing to their implementation , including regional and local bodies , shall take the necessary legal , administrative , technical and financial measures in compliance with the corresponding specifications of this regulation .


### rural and low density areas are typically served with low speed connections and in some cases even not served at all . the business case for investment is unlikely to be viable and the european targets are unlikely to be reached by 2020 . investment in these areas needs higher financial support , provided by grants , possibly in combination with financial instruments . such areas will include remote and sparsely populated regions where investment costs are either very high or where income is low . the support from the connecting europe facility in these areas is likely to complement available cohesion funds or rural development and other direct public support . ### rural and low density areas are typically served with low speed connections and in some cases even not served at all . the business case for investment is unlikely to be viable and the european targets are unlikely to be reached by 2020 . investment in these areas needs higher financial support , provided by grants , possibly in combination with financial instruments . such areas will include remote and sparsely populated regions where investment costs are either very high or where income is low the support from the connecting europe facility in these areas must complement available cohesion funds or rural development and other direct public support , so as to guarantee equal web access , thereby simulating growth and employment and thus encouraging settlement in areas with demographic problems .


### in its communication entitled “european financial supervision” of 27 may 2009 , the commission set out a series of reforms to the current arrangements for safeguarding financial stability at the eu level , notably including the creation of a european systemic risk board responsible for macro - prudential oversight . the council on 9 june 2009 and the european council at its meeting of 18 and 19 june supported the view of the commission and welcomed the commission’s intention to bring forward legislative proposals so that the new framework is in place in the course of 2010 . in line with the views of the commission , it concluded inter alia that the ecb “should provide analytical , statistical , administrative and logistical support to the esrb , also drawing on technical advice from national central banks and supervisors” . ### in its communication entitled “european financial supervision” of 27 may 2009 , the commission set out a series of reforms to the current arrangements for safeguarding financial stability at the eu level , notably including the creation of a european systemic risk board responsible for macro - prudential oversight . the council on 9 june 2009 and the european council at its meeting of 18 and 19 june supported the view of the commission and welcomed the commission’s intention to bring forward legislative proposals so that the new framework is in place in the course of 2010 . in line with the views of the commission , it concluded inter alia that the ecb “should provide analytical , statistical , administrative and logistical support to the esrb , also drawing on technical advice from national central banks and supervisors” . the support provided to the esrb by the ecb as well as the tasks conferred upon the esrb should be without prejudice to the principle of the independence of the ecb in the performance of its tasks pursuant to the treaty on the functioning of the european union .


### in performing its tasks , the esrb shall seek , where appropriate , the advice of relevant private sector stakeholders . ### in performing its tasks , the esrb shall seek , where appropriate , the views of relevant private or public sector stakeholders , particularly , but not exclusively , the stakeholder groups of the esas .


### the simplified procedures set out in paragraphs 2 , 3 and 4 shall apply for the temporary export of firearms for verifiable lawful purposes , which include hunting , sport shooting , evaluation , exhibitions and repair . ### the simplified procedures set out in paragraphs 2 , 3 and 4 shall apply for the temporary export of firearms for verifiable lawful purposes , which include sport shooting , evaluation , exhibitions and repair .


### in order to ensure free consent , it should be clarified that consent does not provide a valid legal ground where the individual has no genuine and free choice and is subsequently not able to refuse or withdraw consent without detriment . ### in order to ensure free consent , it should be clarified that consent does not provide a valid legal ground where the individual has no genuine and free choice and is subsequently not able to refuse or withdraw consent without detriment . similarly , consent should not provide a legal basis for data processing when the data subject has no different access to equivalent services . default settings such as pre - ticked boxes , silence , or the simple use of a service do not imply consent .


### ' data subject ' means an identified natural person or a natural person who can be identified , directly or indirectly , by means reasonably likely to be used by the controller or by any other natural or legal person , in particular by reference to an identification number , location data , online identifier or to one or more factors specific to the physical , physiological , genetic , mental , economic , cultural or social identity of that person ; ### ' data subject ' means an identified natural person or a natural person who can be identified or singled out , directly or indirectly , by means reasonably likely to be used by the controller or by any other natural or legal person , in particular by reference to a unique identifier , location data , online identifier or to one or more factors specific to the physical , physiological , genetic , mental , economic , cultural , social or gender identity or sexual orientation of that person ;


### in the case of a personal data breach , the controller shall without undue delay and , where feasible , not later than 24 hours after having become aware of it , notify the personal data breach to the supervisory authority . the notification to the supervisory authority shall be accompanied by a reasoned justification in cases where it is not made within 24 hours . ### in the case of a personal data breach , the controller shall without undue delay and , where feasible , not later than 72 hours after having become aware of it , notify the personal data breach to the supervisory authority . the notification to the supervisory authority shall be accompanied by a reasoned justification in cases where it is not made within 72 hours .


### radio spectrum is a public good and an essential resource for the internal market for mobile , wireless broadband and satellite communications in the union . development of wireless broadband communications contributes to the implementation of the digital agenda for europe and in particular to the aim of securing access to broadband at a speed of no less than 30 mbps by 2020 for all union citizens and of providing the union with the highest possible broadband speed and capacity . however , the union has fallen behind other major global regions - north america , africa and parts of asia - in terms of the roll - out and penetration of the latest generation of wireless broadband technologies that are necessary to achieve those policy goals . the piecemeal process of authorising and making available the 800 mhz band for wireless broadband communications , with over half of the member states seeking a derogation or otherwise failing to do so by the deadline laid down in the radio spectrum policy programme decision 243 / 2012 of the european parliament and the council , testifies to the urgency of action even within the term of the current rspp . union measures to harmonise the conditions of availability and efficient use of radio spectrum for wireless broadband communications pursuant to decision 676 / 2002 / ec of the european parliament and the council have not been sufficient to address this problem . ### radio spectrum is a public good and an essential resource for the internal market for mobile , wireless broadband and satellite communications in the union . development of wireless broadband communications contributes to the implementation of the digital agenda for europe and in particular to the aim of securing access to broadband at a speed of no less than 30 mbps by 2020 for all union citizens , wherever their place of residence , and of providing the union with the highest possible broadband speed and capacity . however , the union has fallen behind other major global regions - north america , africa and parts of asia - in terms of the roll - out and penetration of the latest generation of wireless broadband technologies that are necessary to achieve those policy goals . the piecemeal process of authorising and making available the 800 mhz band for wireless broadband communications , with over half of the member states seeking a derogation or otherwise failing to do so by the deadline laid down in the radio spectrum policy programme decision 243 / 2012 of the european parliament and the council , testifies to the urgency of action even within the term of the current rspp . union measures to harmonise the conditions of availability and efficient use of radio spectrum for wireless broadband communications pursuant to decision 676 / 2002 / ec of the european parliament and the council have not been sufficient to address this problem .


### the completion of the single market for electronic communications also requires the removal of barriers for end - users to have access to electronic communications services across the union . public authorities should therefore not raise or maintain obstacles to the cross - border purchase of such services . providers of electronic communications to the public should not deny or restrict access or discriminate against end - users on the basis of their nationality or member state of residence . differentiation should , however , be possible on the basis of objectively justifiable differences in costs , risks and market conditions such as demand variations and pricing by competitors . ### the completion of the single market for electronic communications also requires the removal of barriers for end - users to have access to electronic communications services across the union . public authorities should therefore not raise or maintain obstacles to the cross - border purchase of such services . providers of electronic communications to the public should not deny or restrict access or discriminate against end - users on the basis of their nationality or member state of residence . differentiation should , however , be possible on the basis of objectively justifiable differences in costs , risks and market conditions such as demand variations and pricing by competitors , while ensuring coverage throughout the european union , including in less densely populated , remote and less developed regions .


### providers of electronic communications to the public shall not apply any discriminatory requirements or conditions of access or use to end - users based on the end - user ' s nationality or place of residence unless such differences are objectively justified . ### providers of electronic communications to the public shall not apply any discriminatory requirements or conditions of access or use to end - users based on the end - user ' s nationality or place of residence .


### providers of electronic communications to the public shall not apply tariffs for intra - union communications terminating in another member state which are higher , unless objectively justified : ### providers of electronic communications to the public shall not apply tariffs for intra - union communications terminating in another member state which are higher :


### in order to enable the provision of specialised services to end - users , providers of content , applications and services and providers of electronic communications to the public shall be free to enter into agreements with each other to transmit the related data volumes or traffic as specialised services with a defined quality of service or dedicated capacity . the provision of specialised services shall not impair in a recurring or continuous manner the general quality of internet access services . ### in order to enable the provision of specialised services to end - users , providers of content , applications and services and providers of electronic communications to the public shall be free to enter into agreements with each other to transmit the related data volumes or traffic as specialised services with a defined quality of service or dedicated capacity . the provision of specialised services shall not impair in any way the quality of internet access services , particularly in remote areas where bandwidths are more limited .


### in relation to any re - use that is made of the document , public sector bodies may , where practicable , impose conditions on the re - user , such as acknowledgment of source . any licences for the re - use of public sector information should in any case place as few restrictions on re - use as possible . open licences available online , which grant wider re - use rights without technological , financial or geographical limitations and relying on open data formats , may also play an important role in this respect . therefore , member states should encourage the use of open government licences . ### in relation to any re - use that is made of the document , public sector bodies may , where practicable , impose conditions on the re - user , such as acknowledgment of source . any licences for the re - use of public sector information should in any case place as few restrictions on re - use as possible . open licences available online , which grant wider re - use rights without technological , financial or geographical limitations and relying on open data formats , should also play an important role in this respect . therefore , member states should encourage the use of open government licences and licensing of psi metadata should follow licensing standards as established by e . g . europeana .


### the specific regulations shall provide support , through national programmes , union actions and emergency assistance , which complements national , regional and local intervention , pursuing the objectives of the union . ### the specific regulations shall provide support , through national programmes , union actions and emergency assistance , which complements national , regional and local intervention , pursuing the union added value and its due process within the objectives of the union .


### the currently existing wide variety of interchange fees and their level prevent the emergence of ‘ new’ pan union players on the basis of business models with lower interchange fees , to the detriment of potential economies of scale and scope and their resulting efficiencies . this has a negative impact on retailers and consumers and prevents innovation . as pan - union players would have to offer issuing banks as a minimum the highest level of interchange fee prevailing in the market they want to enter it also results in persisting market fragmentation . existing domestic schemes with lower or no interchange fees may also be forced to exit the market because of the pressure from banks to obtain higher interchange fees revenues . as a result , consumers and merchants face restricted choice , higher prices and lower quality of payment services while their ability to use pan - union payment solutions is restricted . in addition , retailers cannot overcome the fee differences by making use of card acceptance services offered by banks in other member states . specific rules applied by the payment schemes require the application of the interchange fee of the ‘ point of sale’ for each payment transaction . this prevents acquiring banks from successfully offering their services on a cross border basis . it also prevents retailers from reducing their payment costs to the benefit of consumers . ### the currently existing wide variety of interchange fees and their level prevent the emergence of ‘ new’ pan union players on the basis of business models with lower or no interchange fees , to the detriment of potential economies of scale and scope and their resulting efficiencies . this has a negative impact on retailers and consumers and prevents innovation . as pan - union players would have to offer issuing banks as a minimum the highest level of interchange fee prevailing in the market they want to enter it also results in persisting market fragmentation . existing domestic schemes with lower or no interchange fees may also be forced to exit the market because of the pressure from banks to obtain higher interchange fees revenues . as a result , consumers and merchants face restricted choice , higher prices and lower quality of payment services while their ability to use pan - union payment solutions is restricted . in addition , retailers cannot overcome the fee differences by making use of card acceptance services offered by banks in other member states . specific rules applied by the payment schemes require the application of the interchange fee of the ‘ point of sale’ for each payment transaction . this prevents acquiring banks from successfully offering their services on a cross border basis . it also prevents retailers from reducing their payment costs to the benefit of consumers .


### proposal for a directive of the european parliament and of the council amending council directives 78 / 660 / eec and 83 / 349 / eec as regards disclosure of non - financial and diversity information by certain large companies and groups ### proposal for a directive of the european parliament and of the council amending council directives 78 / 660 / eec and 83 / 349 / eec as regards disclosure of financial , non - financial and diversity information by certain large companies and groups .


### in order to enhance consistency and comparability of non - financial information disclosed throughout the union , companies should be required to include in their annual report a non - financial statement containing information relating to at least environmental matters , social and employee - related matters , respect for human rights , anti - corruption and bribery matters . such statement should include a description of the policies , results , and the risks related to those matters . ### in order to enhance consistency and comparability of non - financial information disclosed throughout the union , companies should be required to include in their management report and annual report as required , a non - financial statement containing information relating to at least environmental matters , social and employee - related matters , respect for human rights , anti - corruption and bribery matters . such statement should include a description of the policies , results , and the risks related to those matters .


### in providing this information , companies may rely on national frameworks , eu - based frameworks such as the eco - management and audit scheme , and international frameworks such as the united nations global compact , the guiding principles on business and human rights implementing the un ‘ protect , respect and remedy’ framework , the organisation for economic co - operation and development guidelines for multinational enterprises , the international organisation for standardisation 26000 , the international labour organization tripartite declaration of principles concerning multinational enterprises and social policy , and the global reporting initiative . ### in providing this information on their compliance with rights and values protected by norms of international law companies shall apply the guiding principles on business and human rights implementing the un ' protect , respect and remedy ' framework and the oecd guidelines for multinational enterprises , companies may also rely on national frameworks , eu - based frameworks such as the eco - management and audit scheme , and other international frameworks such as the united nations global compact , the international organisation for standardisation 26000 , the international labour organization tripartite declaration of principles concerning multinational enterprises and social policy , and the global reporting initiative .


### to ensure transparency and properly inform eu citizens and market operators , the competent authorities should set up a common website to publish non confidential information on the incidents and risks . ### to ensure transparency and properly inform eu citizens and market operators , the competent authorities should set up a common website to publish non confidential information on the incidents and risks . any personal data published on this website should be limited to only what is necessary and as anonymous as possible .


### each member state shall designate a national competent authority on the security of network and information systems . ### each member state shall designate a civil national competent authority on the security of network and information systems .


### at the request of a member state , or on its own initiative , the commission may request a member state to provide any relevant information on a specific risk or incident . ### at the request of a member state , or on its own initiative , the commission may request a member state to provide any relevant information on a specific risk or incident , in accordance with the provisions of the general data protection regulation .


### the cert shall implement and manage security measures to ensure the confidentiality , integrity , availability and authenticity of information it receives and treats . ### the cert shall implement and manage security measures to ensure the confidentiality , integrity , availability and authenticity of information it receives and treats , complying with data protection requirements .


### selected candidates from national diplomatic services who are seconded by their member states should be employed as temporary agents and thus be put on equal footing with officials . the implementing provisions to be adopted by the eeas should guarantee career perspectives for temporary agents that are equivalent to those of officials . ### selected candidates from national diplomatic services who are seconded by their member states should be recruited according to an objective and transparent procedure and employed as temporary agents and thus be put on equal footing with officials . the implementing provisions to be adopted by the eeas should guarantee equivalent career prospects for temporary agents and officials .


### they may be engaged for a maximum period of four years . contracts may be renewed more than once for a maximum period of four years for each renewal . a renewal shall be granted on condition that the secondment from the national diplomatic service is extended for the period of renewal . ### they may be engaged for a maximum period of four years . contracts may be renewed more than once for a maximum period of four years . in total , engagement should not exceed eight years . however , in exceptional circumstances and in the interest of the service , at the end of the eighth year , the contract may be extended for a maximum period of two years .


### module for economy - wide material flow accounts ### module for economy - wide material stock and flow accounts


### ew - mfa covers all solid , gaseous , and liquid materials , except for flows of air and water , measured in mass units per year . like the system of national accounts , economy - wide material flow accounts serve two major purposes . the detailed material flows provide a rich empirical database for numerous analytical studies . they are also used to compile different economy - wide material flow indicators for national economies . ### ew - msa and ew - mfa cover all solid , gaseous , and liquid materials , except for flows of air and water , measured in mass units per year . like the system of national accounts , economy - wide material flow accounts serve two major purposes . the detailed material flows provide a rich empirical database for numerous analytical studies . they are also used to compile different economy - wide material flow indicators for national economies . combined with the evolution of material stock account they provide important information for assessing the use of natural resource assets in relation to their availability and regeneration .


### member states shall produce statistics on the characteristics listed in section 5 . ### member states shall produce statistics on the characteristics listed in section 5 for the ew - mfa and for ew - msa where applicable .


### in addition , optional reporting of the net increment of timber stock . ### in addition , reporting of the net increment of stock .


### the rules concerning the management of intellectual property rights are defined in the rules for participation . ### the rules concerning the dissemination of results through open access , licensing and management of intellectual property rights are defined in the rules for participation .


### the scope of the eit contribution to the knowledge and innovation communities should be defined and the origins of kics ' financial resources clarified . ### the scope of the eit contribution to the kics should be defined and the origins of kics ' financial resources clarified . in particular , eu funding should be acting as leverage for other sources of private or public funding , and the level of this leverage should be clearly defined .


### the eit triennial work programme should take into account the commission ' s opinion concerning the eit ' s specific objectives , as defined in horizon 2020 , and its complementarities with european union policies and instruments . ### the eit triennial work programme should take into account the commission ' s , the european parliament ' s and the council ' s opinion ; a yearly dialogue between the eit and the european parliament should also be established .


### point is deleted . ### point is replaced by the following : ' identify its main priorities and activities to fulfil its general and specific objectives . '


### principles for the evaluation and monitoring of kics ### principles for the monitoring and evaluation of kics


### the eit , shall on the basis of key performance indicators and in cooperation with the commission , organise continuous monitoring and periodic external evaluations of the outputs , results and impact of each kic . ### ' 1 . the eit , shall on the basis of key performance indicators and in cooperation with the commission , organise continuous monitoring and triennial external evaluations of the output , results and impact of each kic . the continuous monitoring shall include : the contribution of kics to achieving the specific objectives of horizon 2020 ; b ) general kics performance based on a set of common kics core indicators ; c ) specific kics performance based on individual targets and key performance indicators as laid down in the individual kic business plans ; '


### duration , continuation and termination of a kic ### duration , continuation and termination of financing of a kic


### subject to the outcomes of periodic evaluations and to the specificities of particular fields , a kic shall normally have a time - frame of seven to fifteen years . ### the initial duration of eit financing of a kic shall be three years .


### article 14 paragraph 2 is replaced by the following : ### article 14 is deleted .


### a rolling triennial work programme , based on the sia , once it is adopted , containing a statement of the major priorities and planned initiatives of the eit and the kics , including an estimate of financing needs and sources . it shall also contain appropriate indicators for monitoring the kics and eit activities . the preliminary rolling triennial work programme shall be submitted by the eit to the commission by 31 december each n - 2 . the commission shall deliver an opinion within three months with regard to eit specific objectives as defined in horizon 2020 and its complementarities with union policies and instruments . the eit shall take a due account of the commission opinion , and in case of disagreement justify its position . the final work programme shall be transmitted by the eit to the european parliament , the council , the commission , the european economic and social committee and the committee of the regions for information ; ### a rolling triennial work programme , containing a statement of the major priorities and planned initiatives of the eit and the kics , including an estimate of financing needs and sources , and the intention to continue or not to finance each kics . it shall also contain appropriate indicators for monitoring the kics and eit activities . the preliminary rolling triennial work programme shall be submitted by the eit to the commission , the european parliament and the council by 31 december each n - 2 . the commission , the european parliament and the council shall deliver an opinion within three months . the eit shall take a due account of the opinions expressed , and in case of disagreement justify its position . the final work programme shall be transmitted by the eit to the european parliament , the council , the commission , the european economic and social committee and the committee of the regions for information ;


### an annual report by 30 june each year . the report shall outline the activities conducted by the eit and the kics during the preceding calendar year and assess the results with respect to the objectives , indicators and timetable set , the risks associated with the activities carried out , the use of resources and the general operation of the eit . ### an annual report by 30 june each year . the report shall outline the activities conducted by the eit and the kics during the preceding calendar year and assess the results with respect to the objectives , indicators and timetable set , the risks associated with the activities carried out , the use of resources and the general operation of the eit . every year the eit director shall present the annual report to the competent committees of the european parliament .


### genetic resources represent the gene pool in both natural and cultivated or domesticated stocks and play a significant and growing role in many economic sectors including food production , forestry , development of medicines , or development of bio - based sources of renewable energy . ### genetic resources represent the gene pool in both natural and cultivated or domesticated stocks and play a significant and growing role in many economic sectors including food production , forestry , biotechnology , development and production of medicines , cosmetics or development of bio - based sources of renewable energy .


### traditional knowledge that is held by indigenous and local communities may provide important lead information for the scientific discovery of interesting genetic or biochemical properties of genetic resources . ### traditional knowledge that is held by indigenous and local communities may provide important lead information for the scientific discovery of potentially valuable genetic or biochemical properties of genetic resources , including knowledge , innovations and practices of indigenous and local communities embodying traditional lifestyles relevant for the conservation and sustainable use of biological diversity . rights of such communities laid down in convention no 169 of the international labour organisation on indigenous and tribal peoples and also set out in the un declaration on the rights of indigenous peoples adopted by the un general assembly in 2007 should be respected and eu implementing measures should facilitate this .


### the convention recognises that states have sovereign rights over natural resources found within their jurisdiction and the authority to determine access to their genetic resources . the convention imposes an obligation on all parties to facilitate access to genetic resources over which they hold sovereign rights . it also makes it mandatory for all parties to take measures to share in a fair and equitable way the results of research and development and the benefits arising from the commercial and other utilization of genetic resources with the party providing these resources . such sharing shall be upon mutually agreed terms . the convention also addresses access and benefit - sharing in relation to the knowledge , innovations and practices of indigenous and local communities relevant for the conservation and sustainable use of biological diversity . ### the convention recognises that states have sovereign rights over natural resources found within their jurisdiction and the authority to determine access to their genetic resources . the convention imposes an obligation on all parties to facilitate access to genetic resources , for environmentally sound uses by other parties , over which they hold sovereign rights . it also makes it mandatory for all parties to take measures to share in a fair and equitable way the results of research and development and the benefits arising from the commercial and other utilization of genetic resources with the party providing these resources . such sharing shall be upon the prior informed consent requirement of the country of origin of this resource and the benefits shall be based on mutually agreed terms . the convention also addresses access and benefit - sharing in relation to the knowledge , innovations and practices of indigenous and local communities relevant for the conservation and sustainable use of biological diversity .


### the nagoya protocol on access to genetic resources and the fair and equitable sharing of benefits arising from their utilization to the convention on biological diversity is an international treaty adopted on 29 october 2010 by the parties to the convention . the nagoya protocol significantly expands the general rules of the convention on access and benefit - sharing for the use of genetic resources and traditional knowledge associated with genetic resources . ### the nagoya protocol on access to genetic resources and the fair and equitable sharing of benefits arising from their utilization to the convention on biological diversity is an international treaty adopted on 29 october 2010 by the parties to the convention . the nagoya protocol significantly expands the general rules of the convention on access and benefit - sharing for the utilisation and subsequent commercialisation of genetic resources and traditional knowledge associated with genetic resources .


### it is important to set out a clear and sound framework for implementing the nagoya protocol that should enhance opportunities available for nature - based research and development activities in the union . it is also essential to prevent the use of illegally acquired genetic resources or traditional knowledge associated with genetic resources in the union and to support the effective implementation of benefit - sharing commitments set out in mutually agreed terms between providers and users . ### it is important to set out a clear and sound framework for implementing the nagoya protocol that should support its main objective , notably the conservation of biological diversity and sustainable use of its components and the fair and equitable sharing of the benefits arising from the utilization of genetic resources . this includes preventing the use of illegally acquired genetic resources or traditional knowledge associated with such resources in the union . it is also essential to enhance opportunities available for nature - based research and development activities in the union , in particular by improving the conditions for legal certainty in connection with the use of genetic resources and traditional knowledge .


### in order to ensure legal certainty , it is important that the rules implementing the nagoya protocol should only apply to genetic resources and traditional knowledge associated with genetic resources that are accessed after the entry into force of the nagoya protocol for the union . ### in order to ensure legal certainty , it is important that the rules implementing the nagoya protocol should only apply to new acquisition and new utilisation of genetic resources and traditional knowledge associated with genetic resources that has commenced after the entry into force of the nagoya protocol for the union .


### it is important to define , in accordance with the nagoya protocol , that use of genetic resources refers to research and development on the genetic or biochemical composition of samples of genetic material , which includes research and development on isolated compounds extracted from genetic material that was accessed in a party to the nagoya protocol . ### it is important to define , in accordance with the nagoya protocol , that utilization of genetic resources refers to research and development on the genetic or biochemical composition of samples of genetic material , which includes research and development on isolated compounds extracted from genetic material that was accessed in a party to the nagoya protocol .


### . with a view to ensuring an effective implementation of the nagoya protocol , all users of genetic resources and traditional knowledge associated with such resources should have to exercise due diligence to ascertain that the genetic resources and associated traditional knowledge used were accessed in accordance with applicable legal requirements and to ensure that , where relevant , benefits are shared . however , given the diversity of users within the union it is not appropriate to oblige all users to take the same measures for exercising due diligence . therefore , only minimum features of due diligence measures should be set out . the specific choices taken by users on the tools and measures applied for exercising due diligence should be supported through the recognition of best practices as well as complementary measures in support of sectoral codes of conduct , model contractual clauses , and guidelines with a view to increasing legal certainty and reducing costs . the obligation on users to keep information relevant for access and benefit - sharing should be limited in time , consistent with the time - span for an eventual innovation . ### . with a view to ensuring an effective implementation of the nagoya protocol , all users of genetic resources and traditional knowledge associated with such resources should have to exercise due diligence to ascertain that the genetic resources and associated traditional knowledge used were accessed in accordance with applicable legal requirements and to ensure that fair and equitable benefit - sharing occurs whenever this should be the case . however , given the diversity of users within the union it is not appropriate to oblige all users to take the same measures for exercising due diligence . tools and measures applied for facilitating the exercise of due diligence which have been shown to be reliable and efficient should be supported through the recognition of best practices . sectoral codes of conduct , model contractual clauses , and guidelines should also be supported with a view to increasing legal certainty and reducing costs . the obligation on users to keep information relevant for access and benefit - sharing should be limited in time , consistent with the time - span for an eventual innovation .


### best practices developed by users should play an important role in identifying due diligence measures that are particularly suitable for achieving compliance with the system of implementation of the nagoya protocol with high legal certainty and at low costs . users should be enabled to build on existing access and benefit - sharing codes of conduct developed for the academic sector and different industries . associations of users should be able to request that the commission determines whether a specific combination of procedures , tools or mechanisms overseen by an association may be recognised as best practice . competent authorities of the member states should consider that the implementation of a recognised best practice by a user reduces that user ' s risk of non - compliance and justifies a reduction in compliance checks . the same should apply to best practices adopted by the collective of the parties to the nagoya protocol . ### best practices developed by users or organisation with interest and expertise in the utilisation of genetic resources and access and benefit sharing should be evaluated . when found useful and consistent with the nagoya protocol and this regulation , they should be drawn upon in the identification of due diligence measures that are particularly suitable for achieving compliance with the system of implementation of the nagoya protocol with high legal certainty and at low costs . users should be enabled to build on existing access and benefit - sharing codes of conduct developed for the academic sector and different industries provided that they facilitate users ' compliance with their obligations , which will include fair and equitable benefit - sharing . associations of users should be able to request that the commission determines whether a specific combination of procedures , tools or mechanisms overseen by an association may be recognised as best practice for facilitating compliance with user obligations . competent authorities of the member states should consider that the implementation of a recognised best practice by a user reduces that user ' s risk of non - compliance and justifies a reduction in compliance checks . the same should apply to best practices adopted by the collective of the parties to the nagoya protocol .