### this regulation establishes a partnership instrument for cooperation with third countries to advance and promote eu and mutual interests . the partnership instrument shall support measures that respond in an effective and flexible manner to objectives arising from the union ' s bilateral , regional or multilateral relationships with third countries and address challenges of global concern . ### this regulation establishes a partnership instrument for cooperation with third countries to advance and promote mutual interests , based on respect for all human rights . the partnership instrument shall support measures that respond in an effective and flexible manner to objectives arising from the union ' s bilateral , regional or multilateral relationships with third countries and address challenges of global concern .


### improving market access and developing trade , investment and business opportunities for european companies by means of economic partnerships and business and regulatory cooperation . this objective shall be measured by the union ' s share in foreign trade with key partner countries and by trade and investments flows to partner countries specifically targeted by actions , programmes and measures under this regulation ; ### promoting fair and equitable trade and investment , founded on a rights - based approach which takes into account the international covenant on economic , social and cultural rights as well as respect for international treaties on the environment . this objective shall be measured by reference to the above - mentioned rights - based policy for the implementation of actions , programmes and measures under this regulation ;


### measures financed under this regulation shall be based , where appropriate , on cooperation policies set out in instruments such as agreements , declarations and action plans between the union and the third countries and regions concerned , and shall also relate to areas linked to the union ' s specific interests , policy priorities and strategies . ### measures financed under this regulation shall be based , where appropriate , on cooperation policies set out in instruments such as agreements , declarations and action plans between the union and the third countries and regions concerned , and shall also relate to areas linked to mutual policy priorities and strategies of interest to the union and the partner country concerned .


### a broad range of players in the union , including academic researchers and companies from different sectors of industry , use genetic resources for research , development and commercialisation purposes ; some also use traditional knowledge associated with genetic resources . ### a broad range of users and suppliers in the union , including academic researchers and companies from different sectors of industry , use genetic resources for research , development and commercialisation purposes ; some also use traditional knowledge associated with genetic resources . research and development activities imply not only the study and analysis of the genetic or biochemical composition of genetic resources but also measures to generate innovation and practical applications . the successful implementation of the nagoya protocol also depends on the way in which users and suppliers of genetic resources or traditional knowledge associated with genetic resources are able to negotiate agreed conditions for the promotion of biodiversity conservation in accordance with the ' eu biodiversity strategy to 2020 ' .


### 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 , development of medicines , or development of bio - based sources of renewable energy . genetic resources play a significant role in the implementation of strategies designed to restore damaged ecosystems and safeguard endangered species .


### 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 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 .


### 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 . the rights of such communities , as 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 union implementing measures should facilitate that aim .


### 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 . genetic resources should , indeed , be utilized in a balanced and sustainable manner , and local communities legitimately involved , for it is only in that way that opportunities , developments , and benefits arising from their utilization can be shared fairly and equitably among all parties .


### 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 protocolon 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 .


### 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 and the relevant provisions of the convention 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 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 utilisation 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 resources that was accessed in a party to the nagoya protocol . research and development should be understood to mean the investigation and study of the genetic or biochemical composition of genetic resources in order to establish facts and reach conclusions , including the creation of innovations and practical applications .


### 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 , where relevant , benefits are shared . however , given the diversity of users within the union not all users must be obliged to take the same measures for exercising due diligence . this is the case in particular for subsequent users where the due diligence obligation should only apply in the case such users access and use genetic resources in the form as originally accessed by the initial user . the obligation on users to keep information relevant for access and benefit - sharing , in particular documented proof that benefit - sharing obligations have been fully and legally carried out , 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 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 goals , activities , 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 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 .


### 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 organisations with an interest , and expertise , in the utilisation of genetic resources and access and benefit - sharing , 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 as long as they are consistent with the nagoya protocol and this regulation . 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 .


### collections are major suppliers of genetic resources and traditional knowledge associated with genetic resources used in the union . a system of union trusted collections should be set in place . it would ensure that collections included in the register of union trusted collections effectively apply measures to only supply samples of genetic resources to third persons with documentation providing evidence of legal acquisition and the establishment of mutually agreed terms , where required . a system of union trusted collections should substantially lower the risk that illegally acquired genetic resources are used in the union . competent authorities of member states would verify if a collection meets the requirements for recognition as union trusted collection . users that acquire a genetic resource from a collection listed in the union register should be considered to have exercised due diligence as regards the seeking of all necessary information . this should prove particularly beneficial for academic researchers as well as small and medium sized enterprises . ### collections are the most accessible suppliers of genetic resources and traditional knowledge associated with genetic resources utilised in the union . a system of union trusted collections should be set in place . it ensures that collections included in the register of union trusted collections effectively apply measures to only supply samples of genetic resources to third persons with documentation providing evidence of legal acquisition and the establishment of mutually agreed terms , where required . a system of union trusted collections should substantially lower the risk that illegally acquired genetic resources are utilised in the union . competent authorities of member states would verify if a collection meets the requirements for recognition as union trusted collection , including demonstrating the capacity to respect the broad objectives of the nagoya protocol in terms of achieving a fair and equitable sharing of the benefits arising from the utilisation of genetic resources and contributing to the conservation of biodiversity . users that acquire a genetic resource from a collection listed in the union register should be considered to have exercised due diligence as regards the seeking of all necessary information . this should prove particularly beneficial for academic researchers as well as small and medium sized enterprises .


### collections are major suppliers of genetic resources and traditional knowledge associated with genetic resources used in the union . a system of union trusted collections should be set in place . it would ensure that collections included in the register of union trusted collections effectively apply measures to only supply samples of genetic resources to third persons with documentation providing evidence of legal acquisition and the establishment of mutually agreed terms , where required . a system of union trusted collections should substantially lower the risk that illegally acquired genetic resources are used in the union . competent authorities of member states would verify if a collection meets the requirements for recognition as union trusted collection . users that acquire a genetic resource from a collection listed in the union register should be considered to have exercised due diligence as regards the seeking of all necessary information . this should prove particularly beneficial for academic researchers as well as small and medium sized enterprises . ### most collections are the most accessible suppliers of genetic resources and traditional knowledge associated with genetic resources utilised in the union . as suppliers they can play an important role in helping other users in the chain of custody to comply with their obligations . in order to do so a system of union trusted collections should be set in place . it would ensure that collections included in the register of union trusted collections effectively apply measures to only supply samples of genetic resources to third persons with documentation providing evidence of legal acquisition and the establishment of mutually agreed terms , where required . a system of union trusted collections should substantially lower the risk that illegally acquired genetic resources are used in the union . competent authorities of member states would verify if a collection meets the requirements for recognition as union trusted collection . users that acquire a genetic resource from a collection listed in the union register should be considered to have exercised due diligence as regards the seeking of all necessary information . this should prove particularly beneficial for academic researchers as well as small and medium sized enterprises .


### collections are major suppliers of genetic resources and traditional knowledge associated with genetic resources used in the union . a system of union trusted collections should be set in place . it would ensure that collections included in the register of union trusted collections effectively apply measures to only supply samples of genetic resources to third persons with documentation providing evidence of legal acquisition and the establishment of mutually agreed terms , where required . a system of union trusted collections should substantially lower the risk that illegally acquired genetic resources are used in the union . competent authorities of member states would verify if a collection meets the requirements for recognition as union trusted collection . users that acquire a genetic resource from a collection listed in the union register should be considered to have exercised due diligence as regards the seeking of all necessary information . this should prove particularly beneficial for academic researchers as well as small and medium sized enterprises . ### collections are the most accessible suppliers of genetic resources and traditional knowledge associated with genetic resources utilised in the union . as suppliers they can play an important role in helping other users to comply with their obligations . in order to do so a system of union trusted collections should be set in place . it would ensure that collections included in the register of union trusted collections effectively apply measures to only supply samples of genetic resources to third persons with documentation providing evidence of legal acquisition and the establishment of mutually agreed terms , where required . a system of union trusted collections should substantially lower the risk that illegally acquired genetic resources are utilised in the union . competent authorities of member states would verify if a collection meets the requirements for recognition as union trusted collection . users that acquire a genetic resource from a collection listed in the union register should be considered to have exercised due diligence as regards the seeking of all necessary information . this should prove particularly beneficial for academic researchers as well as small and medium sized enterprises .


### a union platform on access should enable discussions on and contribute to the streamlining of access conditions in member states , the design and performances of access regimes , simplified access for non - commercial research , access practices of collections in the union , access of union stakeholders in third countries and the sharing of best practices . ### a union platform on access and fair and equitable benefit - sharing should enable discussions on and contribute to the streamlining of access conditions in member states , the design and performances of access and benefit - sharing regimes , simplified access and benefit - sharing for non - commercial research , access and benefit - sharing practices of collections in the union , access and benefit - sharing of union stakeholders in third countries and the sharing of best practices .


### a union platform on access should enable discussions on and contribute to the streamlining of access conditions in member states , the design and performances of access regimes , simplified access for non - commercial research , access practices of collections in the union , access of union stakeholders in third countries and the sharing of best practices . ### a union platform on access should enable discussions on and contribute to the streamlining of access conditions in member states , the design and performances of access regimes , simplified access for non - commercial research , access practices of collections in the union , access of union stakeholders in third countries and the sharing of best practices . the union platform should fully respect member state competences and aim to ensure , as appropriate , the involvement of indigenous and local communities in accordance with the nagoya protocol .


### this regulation establishes rules governing access and benefit - sharing for genetic resources and traditional knowledge associated with genetic resources , in accordance with the provisions of the nagoya protocol on access to genetic resources and the fair and equitable sharing of benefits arising from their utilisation to the convention on biological diversity . ### this regulation establishes rules governing access and fair and equitable benefit - sharing for genetic resources and traditional knowledge associated with genetic resources , in accordance with , and support of the provisions of the nagoya protocol on access to genetic resources and the fair and equitable sharing of benefits arising from their utilisation to the convention on biological diversity .


### this regulation applies to genetic resources over which states exercise sovereign rights and to traditional knowledge associated with genetic resources that are accessed after the entry into force of the nagoya protocol for the union . it also applies to the benefits arising from the use of such genetic resources and to traditional knowledge associated with genetic resources . ### this regulation applies to genetic resources and to traditional knowledge associated with genetic resources that are accessed or utilised after the entry into force of the nagoya protocol for the union . it also applies to the benefits arising from the utilisation of such genetic resources and to traditional knowledge associated with genetic resources as well as subsequent applications and commercialisation .


### this regulation applies to genetic resources over which states exercise sovereign rights and to traditional knowledge associated with genetic resources that are accessed after the entry into force of the nagoya protocol for the union . it also applies to the benefits arising from the use of such genetic resources and to traditional knowledge associated with genetic resources . ### this regulation applies to genetic resources and to traditional knowledge associated with genetic resources that are accessed or utilised after the entry into force of the nagoya protocol for the union . it also applies to the benefits arising from the utilisation of such genetic resources and to traditional knowledge associated with genetic resources , as well as subsequent applications and commercialisation .


### ' internationally recognised certificate of compliance ' means an access permit or its equivalent issued by a competent national authority in accordance with article 6 nagoya protocol , that is made available to the access and benefit - sharing clearing - house ; ### ' internationally recognised certificate of compliance ' means an access permit or its equivalent issued by a competent national authority in accordance with article 6 of the nagoya protocol , that is made available to the access and benefit - sharing clearing - house ;


### ' access and benefit - sharing clearing - house ' means the global information - sharing portal established under article 14 nagoya protocol . ### ' access and benefit - sharing clearing - house ' means the global information - sharing portal established under article 14 of the nagoya protocol .


### users shall exercise due diligence to ascertain that genetic resources and traditional knowledge associated with genetic resources used were accessed in accordance with applicable access and benefit - sharing legislation or regulatory requirements and that , where relevant , benefits are fairly and equitably shared upon mutually agreed terms . users shall seek , keep , and transfer to subsequent users information relevant for access and benefit - sharing . ### users shall exercise due diligence to ascertain that genetic resources and traditional knowledge associated with genetic resources used were accessed with prior informed consent and based on mutually agreed terms as defined by applicable access and benefit - sharing legislation or regulatory requirements and that , benefits are fairly and equitably shared upon those agreed terms . users shall seek , keep , and transfer to subsequent users all information and documents relevant for access and benefit - sharing and compliance with the provisions of this regulation .


### access decisions and mutually agreed terms , where applicable ### access decisions and mutually agreed terms , including benefit - sharing arrangements , where applicable ;


### users shall keep the information relevant for access and benefit - sharing for twenty years after the end of the period of use . ### users shall keep the information relevant for access and benefit - sharing for twenty years after the end of the period of utilisation or subsequent commercialisation .


### the commission shall make public , including on the internet , a list of the competent authorities . the commission shall keep the list up to date . ### the commission shall make public , including on the internet , a list of the competent authorities . the commission shall keep the list up to date ; particular attention shall be paid to the outermost regions , bearing in mind the significance and fragility of the genetic resources found on their territories , and with a view to preventing any abusive exploitation .


### the competent authorities shall carry out checks to verify if users comply with the requirements set out in articles 4 and 7 . ### the competent authorities shall carry out checks to verify if users comply with the requirements set out in articles 4 and 7 and , where applicable , that they effectively implement declared best practices .


### examination of the measures taken by a user to exercise due diligence in accordance with article 4 ; ### examination of the measures taken by a user to comply with article 4 ;


### examination of documentation and records that demonstrate the exercise of due diligence in accordance with article 4 in relation to specific use activities ; ### examination of documentation and records that demonstrate compliance with article 4 in relation to specific use activities ;


### without prejudice to article 11 , where , following the checks referred to in paragraph 1 of this article , shortcomings have been detected , the competent authority shall issue a notice of remedial actions to be taken by the user . ### without prejudice to article 11 , where , following the checks referred to in paragraph 1 and 3 of this article , or following verification under article 7 , shortcomings have been detected , the competent authority shall issue a notice of remedial actions to be taken by the user .


### additionally , depending on the nature of the shortcomings detected , member states may take immediate interim measures , including inter alia seizure of illegally acquired genetic resources and suspension of specific use activities . ### if no positive or satisfactory response is given by the user , and depending on the nature of the shortcomings detected , member states may take immediate interim measures , including inter alia seizure of illegally acquired genetic resources and suspension of specific use activities including commercialisation of products based on genetic resources and associated traditional knowledge .


### the commission shall be empowered to adopt implementing acts to establish the procedures for implementing paragraphs 1 to 7 of this article . the implementing acts shall be adopted in accordance with the examination procedure referred to in article 15 . ### the commission shall be empowered to adopt delegated acts in accordance with article 14b to establish the procedures for implementing paragraphs 1 to 7 of this article .


### the competent authorities shall cooperate with each other , with the administrative authorities of third countries and with the commission sin order to ensure compliance of users with this regulation . ### the competent authorities shall cooperate with each other , with the administrative authorities of third countries and with the commission in order to reinforce effective coordination and ensure compliance of users with this regulation . cooperation shall also be conducted with other relevant actors , including collections , non - governmental organisations and representatives of indigenous and local communities when important for the correct implementation of the nagoya protocol and this regulation .


### the competent authorities shall exchange information on serious shortcomings detected through checks referred to in article 9 and on the types of penalties imposed in accordance with article 11 with the competent authorities of other member states and with the commission . ### the competent authorities shall receive information from relevant actors and exchange information between themselves on serious shortcomings detected through checks referred to in article 9 and on the types of penalties imposed in accordance with article 11 with the competent authorities of other member states and with the commission .


### union platform on access ### union platform on access and benefit - sharing


### the union platform shall contribute to the streamlining of access conditions at union level by discussing related issues , including the design and performances of access regimes established in member states , simplified access for non - commercial research , access practices of collections in the union , access of union stakeholders in third countries and the sharing of best practices . ### the union platform shall contribute to the streamlining of access conditions at union level by discussing related issues , including the design and performances of access regimes established in member states , the promotion of research which contributes to the conservation and sustainable use of biological diversity , particularly in developing countries , including simplified access for non - commercial research , access practices of collections in the union , access of union stakeholders in third countries on mutually agreed terms after the obtainment of prior informed consent , benefit - sharing practices , the implementation and further development of best practices and the functioning of dispute settlement arrangements . .


### the union platform may provide non - binding advice , guidance or opinions on issues under its mandate . ### the union platform may provide non - binding advice , guidance or opinions on issues under its mandate . any such advice , guidance or opinions provided shall have due regard for the requirement to involve the relevant indigenous and local communities concerned .


### articles 4 , 7 , and 9 shall apply one year after the date of entry into force of this regulation ### article 4 to , article 7 , and article 9 shall apply one year after the date of entry into force of this regulation .


### article 3 of directive 2009 / 28 / ec on the promotion of the use of energy from renewable energy sources and amending and subsequently repealing directives 2001 / 777 / ec and 2003 / 30 / ec9 requires member states to ensure that the share of energy from renewable energy sources in all forms of transport in 2020 is at least 10% of their final energy consumption . the blending of biofuels is one of the methods available for member states to meet this target , and is expected to be the main contributor . ### article 3 of directive 2009 / 28 / ec on the promotion of the use of energy from renewable energy sources and amending and subsequently repealing directives 2001 / 777 / ec and 2003 / 30 / ec9 requires member states to ensure that the share of energy from renewable energy sources in all forms of transport in 2020 is at least 10% of their final energy consumption . the need for reducing the energy consumption in the transport sector is imperative because a mandatory percentage target for energy from renewable sources is likely to become increasingly difficult to achieve sustainably if overall demand for energy for transport continues to rise . the use of electricity from renewable energy sources and blending of zero and low iluc biofuels are other methods available for member states to meet this target .


### the minimum greenhouse gas saving threshold for biofuels and bioliquids produced in new installations should be increased with effect from 1st july 2014 in order to improve their overall greenhouse gas balance as well as discouraging further investments in installations with low greenhouse gas savings performance . this increase provides for investment safeguards in biofuels and bioliquids production capacities in conformity with article 19 second subparagraph . ### the total greenhouse gas emissions for biofuels and bioliquids produced in installations should be progressively decreased in order to improve their overall greenhouse gas balance as well as discouraging further investments in installations with low greenhouse gas savings performance . this decrease provides for investment safeguards in biofuels and bioliquids production capacities in conformity with article 19 second subparagraph .


### paragraph 4 is amended as follows : ### paragraph 4 is amended as follows : a second sub - paragraph is added to article 3 paragraph 4 : each member state shall ensure that the share of electricity from renewable energy sources used in all forms of transport in 2020 is at least 2% of the final consumption of energy in transport in that member state .


### contracts should be awarded on the basis of objective criteria that ensure compliance with the principles of transparency , non - discrimination and equal treatment . those criteria should guarantee that tenders are assessed in conditions of effective competition , also where contracting entities require high - quality works , supplies and services that are optimally suited to their needs . as a result , contracting entities should be allowed to adopt as award criteria either ‘ the most economically advantageous tender’ or ‘ the lowest cost’ , taking into account that in the latter case they are free to set adequate quality standards by using technical specifications or contract performance conditions . ### contracts should be awarded on the basis of objective criteria that ensure compliance with the principles of transparency , non - discrimination and equal treatment . those criteria should guarantee that tenders are assessed in conditions of effective competition , also where contracting entities require high - quality works , supplies and services that are optimally suited to their needs . as a result , contracting entities should be allowed to adopt as award criteria either ‘ the best value for money tender’ or ‘ the lowest life - cycle cost’ , taking into account that in the latter case they are free to set adequate quality standards by using technical specifications or contract performance conditions .


### ‘ life cycle’ means all consecutive and / or interlinked stages , including production , transport , use and maintenance , throughout the existence of a product or a works or the provision of a service , from raw material acquisition or generation of resources to disposal , clearance and finalisation ; ### ' life cycle ' means all consecutive and / or interlinked stages , including production , transport , use and maintenance , throughout the existence of a product or a works or the provision of a service , from raw material acquisition or generation of resources , energy mix used and energy and resource efficiency gains at all stages of the cycle , to disposal , clearance and finalisation in specific relation to social and working conditions and environmental protection under sustainability principles ;


### quality , including technical merit , aesthetic and functional characteristics , accessibility , design for all users , environmental characteristics and innovative character ; ### quality , including technical merit , aesthetic and functional characteristics , accessibility , energy efficiency performance , design for all users , environmental characteristics and innovative character ;


### to prevent and reduce drug demand and supply . ### to prevent and reduce hard drug demand and supply , as well as drug dependence and drug - related health damage .


### the commission shall keep under constant review the development of rights information sources and shall , at the latest one year after the entry into force of this directive , and at annual intervals thereafter , submit a report concerning the possible inclusion in the scope of application of this directive of works or other protected subject matter not currently included in such scope , and in particular phonograms and stand alone photographs and other images . ### the commission shall keep under constant review the development of rights information sources and shall , at the latest one year after the entry into force of this directive , and at annual intervals thereafter , submit a report concerning the possible inclusion in the scope of application of this directive of beneficiaries other than those listed in article 1 , and of works or other protected subject matter not currently included in such scope , and in particular phonograms and stand alone photographs and other images .


### – an agreement laying down the terms and conditions of the detailed rules for use of the prs by the non - member country or international organisation has been concluded between the european union and the non - member country or international organisation in accordance with the procedure provided for in article 128 of the treaty on the functioning of the european union . ### – an agreement laying down the terms and conditions of the detailed rules for use of the prs by the non - member country or international organisation has been concluded between the european union and the non - member country or international organisation in accordance with the procedure provided for in article 218 of the treaty on the functioning of the european union , with the consent of the european parliament .


### in order to achieve the objectives of the scheme promoting the union’s outermost regions more effectively , the posei programmes must include measures which ensure the supply of agricultural products and the preservation and development of local agricultural production . the level of programming for the regions concerned needs to be harmonised and the policy of partnership between the commission and the member states needs to become more systematic . ### in order to achieve the objectives of the scheme promoting the union’s outermost regions more effectively , the posei programmes must include measures which ensure the supply of agricultural products and the preservation and development of quality local agricultural production , taking into account climate change imperatives . the level of programming for the regions concerned needs to be harmonised and the policy of partnership between the commission and the member states needs to become more systematic .


### in order to ensure the supply of essential agricultural products to the outermost regions and to compensate for the additional costs caused by their extreme remoteness , it is appropriate to introduce a specific supply arrangement . in fact , the exceptional geographical situation of the outermost regions imposes additional transport costs in supplying products which are essential for human consumption , for processing or as agricultural inputs . in addition , other objective factors linked to these regions’ extreme remoteness , namely their insularity and small surface areas , lead to further constraints on economic operators and producers in the outermost regions that severely handicap their activities . these handicaps can be alleviated by lowering the price of these essential products . ### without prejudicing local production and its development , it is appropriate to introduce a specific supply arrangement in order to ensure the supply of essential agricultural products to the outermost regions and to compensate for the additional costs caused by their extreme remoteness . in fact , the exceptional geographical situation of the outermost regions imposes additional transport costs in supplying products which are essential for human consumption , for processing or as agricultural inputs . in addition , other objective factors linked to these regions’ extreme remoteness , namely their insularity and small surface areas , lead to further constraints on economic operators and producers in the outermost regions that severely handicap their activities . these handicaps can be alleviated by lowering the price of these essential products .


### in order to achieve in an effective manner the lowering of prices in the outermost regions and mitigating the additional costs of their extreme remoteness , all the while maintaining the competitiveness of eu products , aid should be granted for the supply of community products to the outermost regions . such aid should take account of the additional cost of transport to these regions and the cost of exports to third countries and , in the case of agricultural inputs and products intended for processing , the additional costs of their extreme remoteness , specifically insularity and small surface areas . ### in order to achieve in an effective manner the lowering of prices in the outermost regions by mitigating the additional costs of their extreme remoteness , and to enable the supplying of those areas with the products vital to their inhabitants’ everyday lives , aid should be granted for the supply of community products to the outermost regions . such aid should take account of the additional cost of transport to these regions and the cost of exports to third countries and , in the case of agricultural inputs and products intended for processing , the additional costs of their extreme remoteness , specifically insularity and small surface areas .


### farmers in the outermost regions should be encouraged to supply high - quality products and to prioritise their marketing . use of the logo introduced by the union may be useful to this end . ### farmers in the outermost regions should be encouraged to continue to supply high - quality products and to prioritise their marketing . use of the logo introduced by the union may be useful to this end .


### the maintenance of vineyards , which are the most widespread type of cultivation in the regions of madeira and the canary islands and a very important one for the azores , is an economic and environmental imperative . to help support production , neither the abandonment premiums nor the market mechanisms provided for in regulation no 1234 / 2007 should be applicable in these regions , but nonetheless , in the canary islands , it should be possible to apply crisis distillation measures in the event of exceptional market disturbance arising from quality problems . similarly , technical and socio - economic difficulties have prevented complete conversion , within the time limits established , of the areas in the regions of madeira and the azores under vines of hybrid varieties prohibited by regulation no 1234 / 2007 . the wine produced by such vineyards is intended solely for traditional local consumption . ### the maintenance of vineyards , which are the most widespread type of cultivation in the regions of madeira and the canary islands and a very important one for the azores , is an economic , social and environmental imperative . to help support production , neither the abandonment premiums nor the market mechanisms provided for in regulation no 1234 / 2007 should be applicable in these regions , but nonetheless , in the canary islands , it should be possible to apply crisis distillation measures in the event of exceptional market disturbance arising from quality problems . similarly , technical and socio - economic difficulties have prevented complete conversion , within the time limits established , of the areas in the regions of madeira and the azores under vines of hybrid varieties prohibited by regulation no 1234 / 2007 . the wine produced by such vineyards is intended solely for traditional local consumption .


### guaranteed supply to the outermost regions of products essential for human consumption or for processing and as agricultural inputs by mitigating the additional costs due to extreme remoteness ; ### guaranteed supply to the outermost regions of products essential for human consumption or for processing and as agricultural inputs by mitigating the additional costs due to extreme remoteness , without harming local production and the growth thereof ;


### preservation and development of agricultural activities in the outermost regions , including the production , processing and the sale of local products . ### preservation and development of sustainable agricultural activities in the outermost regions , including the production , processing and the sale of high - quality local products so that these regions eventually become food self - sufficient , thereby avoiding needless transportation of goods .


### specific measures to assist local agricultural production as provided for in chapter iv . ### specific measures to assist sustainable local agricultural production as provided for in chapter iv .


### a description of the strategy proposed , the priorities selected , its quantified general and operational objectives , and an appraisal showing the expected economic , environmental and social impact , including employment effects ; ### a description of the strategy proposed , the priorities selected , its quantified general and operational objectives , and an appraisal showing the expected economic , environmental and social impact , including employment effects , along with the quality of local products and the positive impact of the measures in terms of climate change ;


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


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


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


### the reference number and date of issue of the harmonised standard or the european technical assessment which has been used for the assessment of each essential characteristic ; ### the reference number , the title and date of issue of the harmonised standard or the european technical assessment which has been used for the assessment of each essential characteristic ;


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


### the determination , where appropriate , of the essential characteristics or threshold levels within specific families of construction products , in relation to which , in accordance with articles 3 to 6 , the manufacturer shall declare , in relation to their intended use , by levels or classes , or in a description , the performance of the manufacturer ' s product when it is placed on the market ; ### the determination of the essential characteristics or threshold levels within specific families of construction products , in relation to which , in accordance with articles 3 to 6 , the manufacturer shall declare , in relation to their intended use , by levels or classes , or in a description , the performance of the manufacturer ' s product when it is placed on the market ;


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


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


### recyclability of the construction works , their materials and parts after demolition ; ### re - use or recyclability of the construction works , their materials and parts after demolition ;


### send a copy to the commission . ### send a copy to the commission after consultation of the committee in accordance with article 64 .


### offences concerning child pornography ### offences concerning child abuse material


### member states shall ensure that , for the purposes of the first paragraph , their respective competent authorities have the power to impose financial and non - financial penalties or measures . those penalties or measures must be effective , proportionate and dissuasive . ### member states shall ensure that , for the purposes of the first paragraph , their respective competent authorities have the power to impose financial and non - financial penalties or measures including higher capital requirements and the possibility to require companies to use net profits for improving capital ratios . those penalties or measures must be effective , proportionate and dissuasive .


### paragraph 1 shall apply in respect of positions in new re - securitisations issued after 31 december 2010 . in respect of positions in existing re - securitisations , paragraph 1 shall apply from 31 december 2014 where new underlying exposures are added or substituted after that date . ### paragraph 1 shall not apply until such a time as a definition for highly complex re - securitisations has been adopted in accordance with article 150 . such a definition shall be reviewed annually by the eba in order to take into account changes in market participant practices . subject to the adoption of such a definition in respect of positions in new re - securitisations issued after 31 december 2010 . in respect of positions in existing re - securitisations , paragraph 1 shall apply from 31 december 2014 where new underlying exposures are added or substituted after that date .


### for the purpose of implementing , applying and enforcing directive 96 / 71 / ec the competent authorities shall take into account factual elements characterising the activities carried out by an undertaking in the state in which it is established in order to determine whether it genuinely performs substantial activities , other than purely internal management and / or administrative activities . such elements may include : ### for the purpose of implementing , applying and enforcing directive 96 / 71 / ec an undertaking posting workers shall supply to the competent authorities upon request proof that it genuinely performs substantial activities , other than purely internal management activities , in the territory of the member state of establishment . the competent authorities shall take into account all factual elements characterising these activities . such elements may include but are not limited to :


### paragraphs 1 and 3 shall apply without prejudice to national rules on prescription deadlines or time limits for bringing similar actions and to national rules of procedure concerning representation and defence before the courts . ### paragraphs 1 and 3 shall apply without prejudice to national rules on prescription deadlines or time limits for bringing similar actions and to national rules of procedure concerning representation and defence before the courts , if they are more favourable than the stipulation in paragraph a ) and to national provisions according to which the parties to the collective agreements enforce these agreements .


### with respect to the construction activities referred to in the annex to directive 96 / 71 / ec , for all posting situations covered by article 1 of directive 96 / 71 / ec , the member states shall ensure on a non&#8211 ; discriminatory basis with regard to the protection of the equivalent rights of employees of direct subcontractors established in its territory , that the contractor of which the employer is a direct subcontractor can , in addition to or in place of the employer , be held liable by the posted worker and / or common funds or institutions of social partners for non - payment of the following : ### member state shall on a non&#8211 ; discriminatory basis take the necessary measures to ensure that an undertaking can be held liable , in addition to and / or in place of the employer , for the obligations of their subcontractors regarding the following :


### before the start of any questioning by the police or other law enforcement authorities ; ### before the start of any questioning by the police or other law enforcement authorities , irrespective of whether or not the suspect or accused person is detained ;


### upon carrying out any procedural or evidence - gathering act at which the person’s presence is required or permitted as a right in accordance with national law , unless this would prejudice the acquisition of evidence ; ### upon carrying out any procedural or evidence gathering act , save where and only in so far as the person carrying out that procedural or evidence gathering act reasonably believes that evidence will be altered , removed or destroyed pending the lawyer ' s arrival ;


### the lawyer shall have the right to be present at any questioning and hearing . he shall have the right to ask questions , request clarification and make statements , which shall be recorded in accordance with national law . ### the lawyer shall have the right to be present at any questioning and hearing irrespective of whether or not the suspect or accused person is detained . the lawyer shall have the right to ask questions , request clarification and make statements , which shall be recorded .


### the lawyer shall have the right to be present at any other investigative or evidence - gathering act at which the suspect or accused person’s presence is required or permitted as a right , in accordance with national law , unless this would prejudice the acquisition of evidence . ### the lawyer shall have the right to be present at any other investigative or evidence gathering act , save where and only in so far as the person carrying out that investigative or evidence gathering act reasonably believes that evidence will be altered , removed or destroyed pending the lawyer ' s arrival .


### the lawyer shall have the right to check the conditions in which the suspect or accused person is detained and to this end shall have access to the place where the person is detained . ### the lawyer shall have the right to check the conditions in which the suspect or accused person is detained and to this end shall have access to the place where the person is detained . that right shall be extended to an appropriate adult where the suspect or accused person is a child or another vulnerable suspect or accused person needing similar assistance , such as a person with physical or mental disabilities .


### where the person is a child , member states shall ensure that the child’s legal representative or another adult , depending on the interest of the child , is informed as soon as possible of the deprivation of liberty and the reasons pertaining thereto , unless it would be contrary to the best interests of the child , in which case another appropriate adult shall be informed . ### where the suspect or accused person is a child , member states shall ensure that the child’s legal representative or another adult , depending on the interest of the child , is informed as soon as possible of any deprivation of liberty and the reasons pertaining thereto may visit the child and may attend any questioning of the child and any proceedings , unless it would be contrary to the best interests of the child , in which case another appropriate adult shall be informed and granted the right to visit the child and be present during questioning and proceedings .


### member states shall ensure that persons to whom article 2 refers , who are deprived of their liberty and who are non - nationals have the right to have consular or diplomatic authorities of their state of nationality informed of the detention as soon as possible and to communicate with the consular or diplomatic authorities . ### member states shall ensure that suspects or accused persons , who are deprived of their liberty and who are non - nationals have the right to have consular or diplomatic authorities of their state of nationality informed of the detention as soon as possible and to meet the consular or diplomatic authorities .


### member states shall ensure that the confidentiality of meetings between the suspect or accused person and his lawyer is guaranteed . they shall also ensure the confidentiality of correspondence , telephone conversations and other forms of communication permitted under national law between the suspect or accused person and his lawyer . ### member states shall ensure that the confidentiality of meetings between the suspect or accused person and his lawyer is guaranteed without exception . they shall also , without exception , ensure the confidentiality of correspondence , telephone conversations and other forms of communication permitted under national law between the suspect or accused person and his lawyer .


### shall be limited in time as much as possible and in any event not extend to the trial stage ; ### shall be limited in time as much as possible and in any event not extend to the trial stage ; and


### support under this regulation shall promote enhanced political cooperation and progressive economic integration between the union and the partner countries and , in particular , the implementation of partnership and cooperation agreements , association agreements or other existing and future agreements , and jointly agreed action plans . ### support under this regulation shall promote the objectives of deep democracy , fight against inequalities and sustainable and inclusive development at the core of the enhanced political cooperation and of the progressive economic integration between the union and the partner countries and , in particular , the implementation of partnership and cooperation agreements , association agreements or other existing and future agreements , and jointly agreed action plans .


### in the absence of requirements laid down in or pursuant to union harmonisation legislation referred to in point and european standards referred to in point , as regards the risks covered by health and safety requirements laid down in the law of the member state where the product is made available on the market , if it conforms to such national requirements . ### in the absence of requirements laid down in or pursuant to union harmonisation legislation referred to in point and european standards referred to in point , as regards the risks covered by health and safety requirements laid down in the law of the member state where the product is made available on the market , if it complies with such national rules provided they are in accordance with union law .


### proportionate to the possible risks of a product , manufacturers shall draw up a technical documentation . the technical documentation shall contain , as appropriate : ### proportionate to the possible risks of a product , manufacturers shall draw up a technical documentation for categories of products . the technical documentation shall contain , as appropriate :


### handling unwanted catches of commercial stocks ; ### minimising and , where possible , eliminating unwanted catches of commercial stocks marine organisms , ensuring the landing of all unwanted catches of fish species referred to article 15 of the regulation on the common fisheries policy , and handling any unwanted catches ;


### making the best use of unwanted catches of commercial stocks by : ### making the best use of unwanted catches covered by article 15 of the regulation on the common fisheries policy by :


### – disposing of landed products which do not conform to the minimum marketing sizes referred to in article 39 for uses other than human consumption ; ### – recording the quantities of unwanted catches and putting in place appropriate means for the disposal of landed products which do not conform to the minimum marketing sizes referred to in article 39 for uses other than human consumption ;


### all fishery products landed , including those not complying with marketing standards , may be , under the responsibility of the member states , distributed free of charge to philanthropic or charitable institutions established in the union or to persons who are recognised by the legislation of the member state concerned as being entitled to public assistance . ### all fishery products landed , including those not complying with marketing standards , may be , under the responsibility of the member states , distributed free of charge to philanthropic or charitable institutions established in the union or to persons who are recognised by the legislation of the member state concerned as being entitled to public assistance . marketable catches shall be sold and a limited amount of compensation shall be paid to the fisher and to the po in order to cover their handling costs . the remaining catches shall be transferred to national authorities and used for control and monitoring , as well as for the improving of knowledge base of marine environment and resources ;


### the internal market comprises an area without internal frontiers in which the free movement of goods , persons , services and capital is ensured in accordance with the provisions of the treaty . these provisions do not preclude prohibitions or restrictions justified on grounds of the protection of national treasures possessing artistic , historic or archaeological value . ### the internal market comprises an area without internal frontiers in which the free movement of goods , persons , services and capital is ensured in accordance with the provisions of the treaty . these provisions shall not apply to cultural objects , especially national treasures possessing artistic , historic or archaeological value , which cannot be treated as goods like any others , particularly in the light of the undertakings given by the union and its member states in the context of the unesco convention on the protection and promotion of diversity of cultural expression .


### member states shall pursue thematic concentration according to the following modalities : ### member states and regional authorities shall pursue thematic concentration according to the following modalities :


### to encourage adequate participation of and access by non - governmental organisations to actions supported by the esf , notably in the fields of social inclusion , gender equality and equal opportunities , the managing authorities of an operational programme in a region as defined in article 82 of regulation no [ … ] or in member states eligible for cohesion fund support shall ensure that an appropriate amount of esf resources is allocated to capacity - building for non - governmental organisations . ### to encourage adequate participation of and access by non - governmental organisations to actions supported by the esf , notably in the fields of social and socio - cultural inclusion , gender equality and equal opportunities , the managing authorities of an operational programme in a region as defined in article 82 of regulation no [ … ] or in member states eligible for cohesion fund support shall ensure that an appropriate amount of esf resources is allocated to capacity - building for non - governmental organisations .


### the esf may support community - led local development strategies , as referred to in article 28 of regulation no [ &#8230 ; ] , territorial pacts and local initiatives for employment , education and social inclusion , as well as integrated territorial investments as referred to in article 99 of regulation no [ &#8230 ; ] . ### the esf may support community - led local development strategies , as referred to in article 28 of regulation no [ &#8230 ; ] , territorial pacts and local initiatives , such as socio - cultural initiatives , for employment , including youth employment , education and social inclusion , as well as integrated territorial investments as referred to in article 99 of regulation no [ &#8230 ; ] .


### pursuant to article 32 of regulation no [ &#8230 ; ] , the esf may support actions and policies falling within its scope through financial instruments , such as risk - sharing schemes , equity and debt , guarantee funds , holding funds , and loan funds . ### pursuant to article 32 of regulation no [ . . . ] , the esf may support actions and policies falling within its scope through financial instruments , such as risk - sharing schemes , equity and debt , guarantee funds , holding funds , loan funds and microcredits and - facilities .


### esf may be used to enhance access to capital markets for public and private bodies at national and regional levels implementing actions and policies falling within the scope of the esf and the operational programme through ‘ esf policy - based guarantees’ subject to commission approval . ### esf may be used to enhance access to capital markets for public and private bodies at national , regional and local levels implementing actions , in particular microcredits and - facilities and policies falling within the scope of the esf and the operational programme through ' esf policy - based guarantees ' subject to commission approval .


### numerous union acts have been adopted since the adoption of directive 2000 / 60 / ec , which constitute emission control measures in accordance with article 16 of that directive for individual priority substances . moreover , many environmental protection measures fall under the scope of other existing union legislation . therefore , priority should be given to implementing and revising existing instruments rather than establishing new controls . the inclusion of a substance in annex x to directive 2000 / 60 / ec is without prejudice to the application of the provisions of regulation no 1107 / 2009 of the european parliament and of the council of 21 october 2009 concerning the placing of plant protection products on the market and repealing council directives 79 / 117 / eec and 91 / 414 / eec . ### numerous union acts have been adopted since the adoption of directive 2000 / 60 / ec , which constitute emission control measures in accordance with article 16 of that directive for individual priority substances . moreover , many environmental protection measures fall under the scope of other existing union legislation . therefore , priority should be given to implementing , fully applying and , where necessary , revising the provisions of existing sectorial instruments governing priority substances rather than establishing new controls in the context of directive 2000 / 60 / ec . however , this requires that the actions necessary to achieve the objectives laid down in article 16 of directive 2000 / 60 / ec be effectively taken in the context of those other existing union instruments . the inclusion of a substance in annex x to directive 2000 / 60 / ec , or monitoring data showing that additional eu - level measures are necessary , should therefore trigger appropriate follow - up action under the corresponding union instruments by the commission and member states , without prejudice to the application of the provisions of those instruments .


### present the chemical status information separately from that for the rest of the substances in the river basin management plans produced in accordance with article 13 of directive 2000 / 60 / ec , without prejudice to the requirements of section 1 . 4 . 3 of annex v to that directive regarding the presentation of the overall chemical status , and / or ### present the chemical status information of these substances as well as those of the rest of the substances separately in the river basin management plans produced in accordance with article 13 of directive 2000 / 60 / ec , without prejudice to the requirements of section 1 . 4 . 3 of annex v to that directive regarding the presentation of the overall chemical status , and / or


### the watch list shall contain no more than 25 substances or groups of substances at any given time and shall indicate the monitoring matrix for each substance . the substances shall be selected from among those for which the available information indicates that they may pose a significant risk at union level to or via the aquatic environment . in selecting the substances for the watch list the commission shall take into account all available information including research projects , member states ' characterisation and monitoring programmes under articles 5 and 8 of directive 2000 / 60 / ec and information on production volumes , use patterns , concentrations in the environment and effects , including that gathered in accordance with directives 98 / 8 / ec , 2001 / 82 / ec and 2001 / 83 / ec of the european parliament and of the council , and with regulation no 1907 / 2006 and regulation no 1107 / 2009 of the european parliament and of the council . ### the watch list shall contain at least 25 substances or groups of substances at any given time and shall indicate the monitoring matrix for each substance . the substances shall be selected from among those for which the available information indicates that they may pose a significant risk at union level to or via the aquatic environment . in selecting the substances for the watch list the commission shall take into account all available information including research projects , member states ' characterisation and monitoring programmes under articles 5 and 8 of directive 2000 / 60 / ec and information on physico - chemical and toxicological properties , particle size , production volumes , use patterns , concentrations in the environment and effects , including that gathered in accordance with directives 98 / 8 / ec , 2001 / 82 / ec and 2001 / 83 / ec of the european parliament and of the council , and with regulation no 1907 / 2006 and regulation no 1107 / 2009 of the european parliament and of the council .


### the primary objective of cooperation with the countries and territories referred to in paragraph 1 shall be to provide a specific response to the need to strengthen links and to engage further with them on a bilateral , regional or multilateral basis in order to create a more favourable environment for the development of the relations of the community with these countries and territories and promote dialogue while fostering community ' s interests . ” ### the primary objective of cooperation with the countries and territories referred to in paragraph 1 shall be to provide a specific response to the need to strengthen links and to engage further with them on a bilateral , regional or multilateral basis in order to create a more favourable environment for the development of the relations of the community with these countries and territories and promote dialogue . ”


### the objectives and provisions of regulation no 1934 / 2006 of 21 december 2006 establishing a financing instrument for cooperation with industrialised and other high - income countries and territories1 are appropriate to pursue such enhanced cooperation with countries falling under regulation no 1905 / 2006 . for that purpose , it is necessary to extend the geographical scope of regulation no 1934 / 2006 and to provide for a financial envelope to cover cooperation with those developing countries . ### the objectives and provisions of regulation no 1934 / 2006 of 21 december 2006 establishing a financing instrument for cooperation with industrialised and other high - income countries and territories1 , as amended below , are appropriate to pursue such enhanced cooperation with countries falling under regulation no 1905 / 2006 . for that purpose , it is necessary to extend the geographical scope of regulation no 1934 / 2006 and to provide for a financial envelope to cover cooperation with those developing countries .


### the primary objective of cooperation with the countries and territories referred to in paragraph 1 shall be to provide a specific response to the need to strengthen links and to engage further with them on a bilateral , regional or multilateral basis in order to create a more favourable environment for the development of the relations of the community with these countries and territories and promote dialogue while fostering community ' s interests . ### the primary objective of cooperation with partner countries shall be to provide a specific response to the need to strengthen links and to engage further with them on a bilateral , regional or multilateral basis in order to create a more favourable environment for the development of the relations between the community and partner countries and promote dialogue while fostering mutual interests and understanding .


### the cooperation shall be aimed at engaging with partners which share similar political , economic and institutional structures and values to the community and which are important bilateral partners and players in multilateral fora and in global governance . the cooperation also covers partners with which the community has a strategic interest in promoting links . ### the cooperation shall be aimed at engaging with partner countries to achieve the following goals : – to enhance dialogue with the countries concerned by means of cooperation , mutual exchange and information ; – to share and promote joint political , scientific , educational and cultural activities , structures and values ; – to promote fair economic partnership and business of mutual interest and in accordance with the millennium development goals ; – to increase exchanges with partner countries and players in multilateral fora and in global governance ; – to foster common solutions to multilateral challenges such as climate change , energy security and peace , with a particular focus on sustainable technology ; – to encourage efforts to promote democracy , respect for human rights and fundamental freedoms , the rule of law , good governance , equitable social and economic development , and equality , including the rights of persons belonging to minorities .


### for the purpose of this regulation , industrialised and other high - income countries and territories shall comprise countries and territories listed in annex i and developing countries shall comprise countries listed in annex ii . they are hereinafter referred to as ' partner countries ' . however , in duly justified circumstances and in order to foster regional cooperation , the commission may decide when adopting action programmes referred to in article 6 that countries not listed in the annexes are eligible , where the project or programme to be implemented is of regional or cross - border nature . provisions may be made for this in the multiannual cooperation programmes referred to in article 5 . the commission shall amend the lists in annexes i and ii following the regular oecd / dac reviews of its list of developing countries , and shall inform the council thereof . ### in duly justified circumstances and in order to foster regional cooperation , the commission may decide when adopting action programmes as referred to in article 6 that countries not listed in the annexes are eligible , where the project or programme to be implemented is of a regional or cross - border nature . provisions may be made for this in the multiannual cooperation programmes referred to in article 5 . the commission shall amend the lists in annexes i and ii following the regular oecd / dac reviews of its list of developing countries , and shall inform the council thereof .


### 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 provides for 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 producer’s 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 .


### the conditions for further extension of the local milk production of the outermost regions , which benefit from the waiver foreseen by the first subparagraph of article 19 of regulation no 247 / 2006 , are very limited due to the topography of the islands concerned . though the obligation to ensure the collection and outlet of the local milk production is maintained , it is appropriate to delete the commission’s obligation , foreseen by the second subparagraph of that article , to determine an incorporation rate for fresh milk produced locally . ### the conditions for further extension of the local milk production of the outermost regions , which benefit from the waiver provided for in the first subparagraph of article 19 of regulation no 247 / 2006 , are very limited or still uncertain due to the topography of the islands concerned and the fact that these local dairy sectors have emerged only recently . though the obligation to ensure the collection of , and outlets for , the local milk production is maintained , it is appropriate to delete the commission’s obligation , as set out in the second subparagraph of that article , to determine an incorporation rate for fresh milk produced locally .


### 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 114 of regulation no 1234 / 2007 , the production in madeira and in the french overseas department of réunion of uht milk reconstituted from milk powder originating in the community shall be authorised within the limits of local consumption requirements , in so far as this measure does not hinder locally produced milk from being collected and finding outlets . this product , whose quality must be maintained , shall be used for local consumption only .


### – objective 1 : provide quality statistical information to support the development , monitoring and evaluation of the policies of the european union properly reflecting priorities ; ### – objective 1 : provide quality statistical information to support the development , monitoring and evaluation of the policies of the european union properly reflecting priorities ; in particular regarding social and environmental statistics , which are not yet on an equal footing with economic indicators as well as the production and provision of more reliable statistics on public debt , including solid data on contingent liabilities .


### – objective 1 : provide quality statistical information to support the development , monitoring and evaluation of the policies of the european union properly reflecting priorities ; ### – objective 1 : provide quality statistical information to support the development , monitoring and evaluation of the policies of the european union properly reflecting priorities , and covering appropriately economic activity in the third sector , such as social economy ;


### the financial allocation for the programme may also cover expenses pertaining to preparatory , monitoring , control , audit and evaluation activities which are required for the management of the programme and the achievement of its objectives ; in particular , studies , meetings of experts , expenses linked to the reimbursement of statistical experts , information and communication actions , expenses linked to it networks focusing on information processing and exchange , together with all other technical and administrative assistance expenses incurred by the commission for the management of the programme . ### the financial allocation for the programme may also cover expenses pertaining to preparatory , monitoring , control , audit and evaluation activities which are required for the management of the programme and the achievement of its objectives ; especially for measures to overcome the shortcomings in the production and provision of statistics which certain member states have revealed in the past ; moreover particularly for studies , meetings of experts , expenses linked to the reimbursement of statistical experts , information and communication actions , expenses linked to it networks focusing on information processing and exchange , together with all other technical and administrative assistance expenses incurred by the commission for the management of the programme .


### the commission shall , after consulting the european statistical system committee , submit an intermediate progress report to the european parliament and the council no later than june 2015 . ### the commission shall , after consulting the european statistical system committee , submit an intermediate progress report , specifically pointing out the progress made towards the production and provision of more reliable statistics on public debt to the european parliament and the council no later than june 2015 .


### provide quality statistical information to monitor the implementation of europe 2020 policy for smart , sustainable , inclusive growth . ### provide quality statistical information , which should be available promptly , to monitor the implementation of europe 2020 policy for smart , sustainable , inclusive growth .


### statistical input for an enhanced stability and growth pact ; ### statistical input for an enhanced stability and growth pact specifically aiming at the production and provision of more reliable statistics on public debt ;


### analysis of the global value chains , possibly through appropriate input / output tables , and foreign trade and business statistics , including micro - data linking . ### analysis of the global value chains , possibly through appropriate input / output tables , and foreign trade and business statistics , including micro - data linking . given that the contemporary global supply chain economy is no longer appropriately captured by statistics of trade flows and imbalances , there is a need to develop a global methodology to measure the value - added in order to get a real picture on economic growth , job creation and poverty eradication .


### satellite accounts developed for at least two new areas ; ### satellite accounts developed for new areas ;


### provide quality statistics on key areas of social policy where the citizen is the centre of interest , such as social cohesion , poverty , demographic challenges , the labour market , education and training , including learning mobility of young people , culture , physical activity , quality of life , safety , health , disability , consumption , free movement and the single market , mobility of young people , technological innovation and new lifestyle choices . ### provide quality statistics on key areas of social policy where the citizen is the centre of interest , such as social cohesion , poverty , inequalities , demographic challenges , the labour market , education and training , including learning mobility of young people , culture , physical activity , quality of life , safety , health , disability , consumption , free movement and the single market , mobility of young people , technological innovation and new lifestyle choices .


### ‘ advice’ means the provision of a recommendation to a customer , either upon their request or at the initiative of the insurance undertaking or the insurance intermediary ; ### ‘ advice’ means counselling to an actual or potential customer in relation to an insurance product , which is based on a personal recommendation , either upon their request or at the initiative of the insurance undertaking or the insurance intermediary including over the life of the contract ;


### prior to the conclusion of a contract , whether or not advice is given , the insurance intermediary or insurance undertaking shall give the customer the relevant information about the insurance product in a comprehensible form to allow the customer to make an informed decision , while taking into account the complexity of the insurance product and the type of costumer . ### prior to the conclusion of a contract , whether or not advice is given , the insurance intermediary or insurance undertaking shall give the customer the relevant information about the insurance product in a comprehensible form to allow the customer to make an informed decision , while taking into account the complexity of the insurance product and the type of costumer . it may be provided by means of a standardised form adopted at the national level under control of the competent authorities .