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


### the commission may declare a community emergency at the request of one competent authority or when the community loses more than 10% of its daily gas import from third countries as calculated by entso - g . it shall declare a community emergency where more than one competent authority has declared emergency following the verification in accordance with article 9 . it may declare a community emergency for specifically affected geographical regions comprising more than one member state . ### the commission shall declare a union emergency where more than one competent authority has declared emergency following the verification in accordance with article 9 or where the union loses more than 20% of its daily gas import from third countries as calculated by entso - g . it shall declare a union emergency for specifically affected geographical regions comprising more than one member state where one competent authority from the concerned region has declared an emergency or where the affected geographical region loses more than 10% of its daily gas import from third countries as calculated by entso - g .


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


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


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


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


### member states shall ensure that listed companies in whose boards members of the under - represented sex hold less than 40 per cent of the non - executive director positions make the appointments to those positions on the basis of a comparative analysis of the qualifications of each candidate , by applying pre - established , clear , neutrally formulated and unambiguous criteria , in order to attain the said percentage at the latest by 1 january 2020 or at the latest by 1 january 2018 in case of listed companies which are public undertakings . ### member states shall ensure that listed companies in whose boards members of the under - represented sex hold less than 40 per cent of the non - executive director positions adjust their recruitment , selection or appointment procedure in order to attain the said percentage at the latest by 1 january 2020 . for listed companies which are public undertakings , at the latest by 1 january 2018 . the adjustment in the procedure may particular but not limited to , involve a selection on the basis of a comparative analysis of the qualifications of each candidate , by applying pre - established , clear , neutrally formulated and unambiguous criteria ; ensuring sufficient diversity in the selection pool of candidates ; in case of an election procedure , ensuring gender balance in the composition of the short - listed selection list in order to attain the said percentage at the latest by 1 january 2020 or at the latest by 1 january 2018 in case of listed companies which are public undertakings .


### the sanctions must be effective , proportionate and dissuasive and may include the following measures : ### the sanctions must be effective , proportionate and dissuasive and shall include at least one of the following measures :


### in order to attain the objective laid down in paragraph 1 , member states shall ensure that , in the selection of non - executive directors , priority shall be given to the candidate of the under - represented sex if that candidate is equally qualified as a candidate of the other sex in terms of suitability , competence and professional performance , unless an objective assessment taking account of all criteria specific to the individual candidates tilts the balance in favour of the candidate of the other sex . ### in order to attain the objective laid down in paragraph 1 and in accordance with article 23 paragraph 2 of the charter of fundamental rights , member states shall ensure that , in the recruitment , selection and appointment of non - executive directors , priority shall be given to the candidate of the under - represented sex if that candidate is equally qualified unless an objective assessment inclines the balance in favour of the candidate of the over - represented sex taking into account all criteria specific to the individual candidate . in case of a competence based selection priority shall be given to the candidate of the underrepresented sex in case that candidate is equally qualified in terms of suitability , competence and professional performance .


### listed companies in the union should be imposed obligations of means providing for appropriate procedures with a view of meeting specific objectives regarding the gender composition of their boards . those listed companies in whose boards members of the under - represented sex hold less than 40 per cent of non - executive director positions should make the appointments to those positions on the basis of a comparative analysis of the qualifications of each candidate , by applying pre - established , clear , neutrally formulated and unambiguous criteria , in order to attain the said percentage at the latest by 1 january 2020 . therefore , the directive establishes the objective of at least 40 per cent of non - executive directors of the under - represented sex by that date . this objective in principle only concerns the overall gender diversity among the non - executive directors and does not interfere with the concrete choice of individual directors from a wide pool of male and female candidates in each individual case . in particular , it does not exclude any particular candidates for director positions , nor does it impose any individual directors on companies or shareholders . the decision on the appropriate board members thus remains with the companies and shareholders . ### listed companies in the union should be imposed obligations of means providing for appropriate procedures with a view of meeting specific objectives regarding the gender composition of their boards . those listed companies in whose boards members of the under - represented sex hold less than 40 per cent of non - executive director positions should make the appointments to those positions on the basis of a comparative analysis of the qualifications of each candidate , by applying pre - established , clear , neutrally formulated and unambiguous criteria , in order to attain the said percentage at the latest by 1 january 2020 . listed companies should consider putting in place training programmes and mentoring programmes for the under - represented sex as one tool to achieve gender balance if there is a clear gender gap in the company ' s selection pool for recruitment to board positions . therefore , the directive establishes the objective of at least 40 per cent of non - executive directors of the under - represented sex by that date . this objective in principle only concerns the overall gender diversity among the non - executive directors and does not interfere with the concrete choice of individual directors from a wide pool of male and female candidates in each individual case . in particular , it does not exclude any particular candidates for director positions , nor does it impose any individual directors on companies or shareholders . the decision on the appropriate board members thus remains with the companies and shareholders .


### since listed companies should aim to increase the proportion of the under - represented sex in all decision - making positions , member states may provide that the objective laid down in this directive should be considered to be met where listed companies can show that members of the under - represented sex hold at least one third of all director positions , irrespective of whether they are executive or non - executive . ### since listed companies should aim to increase the proportion of the under - represented sex in all decision - making positions , member states may provide that the objective laid down in this directive should be considered to be met where listed companies can show that directors of the under - represented sex hold at least one third of all director positions , under the condition that at least 40% of the executive directors is of the under - represented sex .


### the current lack of transparency of the selection procedures and qualification criteria for board positions in most member states represents a significant barrier to more gender diversity among board members and negatively affects both the board candidates ' careers and freedom of movement , as well as investor decisions . such lack of transparency prevents potential candidates for board positions from applying to boards where their qualifications would be most required and from challenging gender - biased appointment decisions , thus restricting their freedom of movement within the internal market . on the other hand , investors have different investment strategies that require information linked also to the expertise and competence of the board members . more transparency in the qualification criteria and the selection procedure for board members enables investors to better assess the company ' s business strategy and to take informed decisions . ### the current lack of transparency of the selection procedures , qualification criteria and recruitment for board positions in most member states represents a significant barrier to more gender diversity among board members and negatively affects both the board candidates ' careers and freedom of movement , as well as investor decisions . such lack of transparency prevents potential candidates for board positions from applying to boards where their qualifications would be most required and from challenging gender - biased appointment decisions , thus restricting their freedom of movement within the internal market . on the other hand , investors have different investment strategies that require information linked also to the expertise and competence of the board members . more transparency in the qualification criteria and the selection procedure for board members enables investors to better assess the company ' s business strategy and to take informed decisions .


### while this directive does not aim to harmonise national laws on the selection procedures and qualification criteria for board positions in detail , the introduction of certain minimum standards as regards the requirement for listed companies without balanced gender representation to take appointment decisions for non - executive directors on the basis of an objective comparative assessment of the qualifications of candidates in terms of suitability , competence and professional performance is necessary in order to attain gender balance among non - executives directors . only an eu - level measure can effectively help to ensure a competitive level - playing field throughout the union and avoid practical complications in business life . ### while this directive does not aim to harmonise national laws on the selection procedures and qualification criteria for board positions in detail , but requires listed companies without balanced gender representation to adjust their recruitment , selection and appointment procedures , among others to attain gender balance among non - executives directors . only an eu - level measure can effectively help to ensure a competitive level - playing field throughout the union and avoid practical complications in business life .


### member states may have already taken measures providing for means to ensure a more balanced representation of women and men in company boards before the entry into force of this directive . such member states should have an opportunity to apply those measures in place of the procedural requirements relating to appointments where they can demonstrate that the measures taken are of equivalent efficacy in order to attain the objective of a presence of the under - represented sex of at least 40 per cent among non - executive directors of listed companies at the latest by 1 january 2020 or at the latest by 1 january 2018 in case of listed companies which are public undertakings . ### member states may have already taken measures providing for means to ensure a more balanced representation of women and men in company boards before the entry into force of this directive . such member states should have an opportunity to apply those measures in place of the procedural requirements relating to appointments where they can demonstrate that the measures taken are of equivalent efficacy in order to attain the objective of a presence of the under - represented sex of at least 40 per cent among non - executive directors of listed companies at the latest by 1 january 2020 or at the latest by 1 january 2018 in case of listed companies which are public undertakings . the commission should assess whether the member states ' measures are sufficient to achieve the desired outcome , and decide whether relevant articles of the directive can be suspended in order to avoid interference with national measures .


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


### member states shall ensure that listed companies are obliged to disclose , on the request of an unsuccessful candidate , the qualification criteria upon which the selection was based , the objective comparative assessment of those criteria and , where relevant , the considerations tilting the balance in favour of a candidate of the other sex . ### member states shall ensure that listed companies are obliged to disclose to the unsuccessful candidate , the qualification criteria upon which the selection was based , the objective comparative assessment of those criteria and , where relevant , the considerations tilting the balance in favour of the other candidate , and always if the rejected candidate is of the underrepresented sex , the total figures and gender of the pre - selected candidates while respecting their anonymity in accordance with eu law on data protection .


### this directive aims to improve the gender balance among directors of companies listed on stock exchanges and thus to contribute to the realisation of the principle of equal treatment between men and women , recognised as a fundamental right of the union . listed companies should therefore be required to disclose , upon the request of an unsuccessful candidate , not only the qualification criteria upon which the selection was based , but also the objective comparative assessment of those criteria and , where relevant , the considerations tilting the balance in favour of a candidate who is not of the under - represented sex . these limitations to the right to respect for private life with regard to the processing of personal data , recognised by the articles 7 and 8 of the charter , and the obligation for listed companies to supply that information , upon request , to the unsuccessful candidate , are necessary and , in conformity with the principle of proportionality , genuinely meet recognised objectives of general interest . they are therefore in line with the requirements for such limitations laid down in article 52 of the charter and with the relevant case - law of the court of justice . ### this directive aims to improve the gender balance among directors of companies listed on stock exchanges and thus to contribute to the realisation of the principle of equal treatment between men and women , recognised as a fundamental right of the union . listed companies should therefore be required to disclose , to an unsuccessful candidate , not only the qualification criteria upon which the selection was based , but also the objective comparative assessment of those criteria and , where relevant , the considerations tilting the balance in favour of a candidate who is not of the under - represented sex . these limitations to the right to respect for private life with regard to the processing of personal data , recognised by the articles 7 and 8 of the charter , and the obligation for listed companies to supply that information to the unsuccessful candidate , are necessary and , in conformity with the principle of proportionality , genuinely meet recognised objectives of general interest . they are therefore in line with the requirements for such limitations laid down in article 52 of the charter and with the relevant case - law of the court of justice .


### member states shall ensure that listed companies undertake individual commitments regarding gender - balanced representation of both sexes among executive directors to be achieved at the latest by 1 january 2020 , or , in case of listed companies which are public undertakings , by 1 january 2018 . ### member states shall ensure that listed companies undertake individual commitments regarding gender - balanced representation of both sexes among executive directors to be achieved at the latest by 1 january 2020 , or , in case of listed companies which are public undertakings , by 1 january 2018 . these commitments shall aim to achieve tangible progress from the individual company ' s current position to ensure a balanced gender representation at executive level .


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


### furthermore , it is important to foster and facilitate cooperation for the common benefit of union and its partners , notably through pooling of contributions from internal and external instruments of the union budget , in particular for cross - border cooperation , infrastructure projects of union interest that will pass through neighbourhood countries and other areas of cooperation . ### furthermore , it is important to foster and facilitate cooperation for the common benefit of union and its partners , notably through pooling of contributions from internal and external instruments of the union budget , in particular for cross - border cooperation , infrastructure projects of union interest that will pass through neighbourhood countries and other areas of cooperation , such as education and cultural exchanges .


### for the purposes of this regulation , a “regional natural disaster” shall mean any natural disaster resulting , in a region of a member state or a country involved in accession negotiations with the union at nuts 2 level , in direct damage in excess of 1 , 5 % of the region ' s gross domestic product . where the disaster concerns several regions at nuts 2 level , the threshold shall be applied to the weighted average gdp of those regions . ### for the purposes of this regulation , a “regional natural disaster” shall mean any natural disaster resulting , in a region of a member state or a country involved in accession negotiations with the union at nuts 2 level , in direct damage in excess of 1 % of the region ' s gross domestic product . where the disaster concerns several regions at nuts 2 level , the threshold shall be applied to the weighted average gdp of those regions .


### demonstrates european added value . ### demonstrates european added value , established by means of feasibility assessments and cost - benefit analyses , taking account of the general interest and equal web access for the entire population , especially in areas with greater connection problems .


### the esrb may request information from the european supervisory authorities in summary or collective form , such that individual financial institutions cannot be identified . if the requested data are not available to those authorities or are not made available in a timely manner , the esrb may request the data from national supervisory authorities , national central banks or other authorities of member states . ### on request by the esrb , the european supervisory authorities shall provide information in summary or collective form , such that individual financial institutions cannot be identified . if the requested data are not available to those authorities or are not made available in a timely manner , and in any event within 60 days of the request , national supervisory authorities , national central banks or other authorities of member states shall provide the data pursuant to a request by the esrb .


### the esrb may request information from the european supervisory authorities in summary or collective form , such that individual financial institutions cannot be identified . if the requested data are not available to those authorities or are not made available in a timely manner , the esrb may request the data from national supervisory authorities , national central banks or other authorities of member states . ### on the request of the esrb , the european supervisory authorities shall provide information in summary or collective form . if the requested data are not available to those authorities or are not made available in a timely manner , national supervisory authorities , national central banks or other authorities of member states shall provide the appropriate data pursuant to a request by the esrb .


### the advisory technical committee shall be composed of the following : ### the advisory scientific committee shall be composed of the following :


### each member of the general board with a voting right shall have one vote . ### the general board shall strive for consensus . where consensus cannot be achieved each member of the general board with a voting right shall have one vote . any member of the board may , at any time , request a vote on a draft warning or a draft recommendation .


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


### the esrb may request information from the european supervisory authorities in summary or collective form , such that individual financial institutions cannot be identified . if the requested data are not available to those authorities or are not made available in a timely manner , the esrb may request the data from national supervisory authorities , national central banks or other authorities of member states . ### on request by the esrb , the european supervisory authorities shall provide information in summary or collective form , such that individual financial institutions cannot be identified . if the requested data are not available to those authorities or are not made available in a timely manner , national supervisory authorities , national central banks or other authorities of member states shall provide the data pursuant to a request by the esrb .


### member states may request the importing third country to confirm receipt of the dispatched shipment of firearms , their parts and essential components or ammunition . ### member states shall request the importing third country to confirm receipt of the dispatched shipment of firearms , their parts and essential components or ammunition .


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


### the information and the actions taken on requests referred to in paragraph 1 shall be free of charge . where requests are manifestly excessive , in particular because of their repetitive character , the controller may charge a fee for providing the information or taking the action requested , or the controller may not take the action requested . in that case , the controller shall bear the burden of proving the manifestly excessive character of the request . ### the information and the actions taken on requests referred to in paragraph 1 shall be free of charge . where requests are manifestly excessive , in particular because of their repetitive character , the controller may charge a reasonable fee for providing the information or taking the action requested . in that case , the controller shall bear the burden of proving the manifestly excessive character of the request .


### where the controller referred to in paragraph 1 has made the personal data public , it shall take all reasonable steps , including technical measures , in relation to data for the publication of which the controller is responsible , to inform third parties which are processing such data , that a data subject requests them to erase any links to , or copy or replication of that personal data . where the controller has authorised a third party publication of personal data , the controller shall be considered responsible for that publication . ### where the controller referred to in paragraph 1 has made the personal data public without the consent of the data subject , it shall take all reasonable steps , including technical measures , in relation to data for the publication of which the controller is responsible , to inform third parties which are processing such data , that a data subject requests them to erase any links to , or copy or replication of that personal data . where the controller has authorised a third party publication of personal data , the controller shall be considered responsible for that publication


### automated processing of personal data intended to evaluate certain personal aspects relating to a natural person shall not be based solely on the special categories of personal data referred to in article 9 . ### automated processing of personal data intended to evaluate certain personal aspects relating to a natural person shall not include or generate any data that fall under the special categories of personal data referred to in article 9 , except when they fall under the exceptions listed in article 9 .


### in exceptional cases , in particular where public sector bodies generate a substantial part of their operating costs relating to the performance of their public service tasks from the exploitation of their intellectual property rights , public sector bodies may be allowed to charge for the re - use of documents over and above the marginal costs , according to objective , transparent and verifiable criteria , provided this is in the public interest and subject to the approval of the independent authority referred to in article 4 , and without prejudice to paragraphs 3 and 4 of this article . ### where public sector bodies generate a substantial part of their operating costs relating to the performance of their public service tasks from the exploitation of their intellectual property rights , public sector bodies may be allowed to charge for the re - use of documents over and above the marginal costs , according to objective , transparent and verifiable criteria , provided this is in the public interest and subject to the approval of the authority referred to in article 4 , and without prejudice to paragraphs 3 and 4 of this article .


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


### it shall , on the basis of that examination , put forward and evaluate different policy options , including the possibility to remove the requirement of a proof of test as provided for in article 10 . within two years after the date of application of this regulation , the commission shall report to the european parliament and to the council on the results of the examination , and accompany it with a legislative proposal , if appropriate . ### it shall , on the basis of that examination , put forward and evaluate different policy options , including proposals for better interoperability and / or standardisation of electronic documents and the possibility to remove the requirement of a proof of test as provided for in article 10 . within two years after the date of application of this regulation , the commission shall report to the european parliament and to the council on the results of the examination , and accompany it with a legislative proposal .


### ‘ debit card transaction’ means an card payment transaction included with prepaid cards linked to a current or deposit access account to which a transaction is debited in less than or 48 hours after the transaction has been authorised / initiated . ### ' debit card transaction ' means an card payment transaction included with prepaid cards linked to a current or deposit access account to which each transaction is individually debited in less than or 2 business days after the transaction has been authorised / initiated .


### in order to facilitate cross border acquiring all ‘ consumer’ debit card transactions and card based payment transaction should have a maximum interchange fee of 0 , 20% and all consumer credit card transactions and card based payment transactions based on those should have a maximum interchange fee of 0 . 30% . ### in order to facilitate cross border acquiring all ' consumer ' debit card transactions and card based payment transaction should have no interchange fee in line with the impact assessment and all consumer credit card transactions and card based payment transactions based on those should have a maximum interchange fee of 0 . 30% .


### ‘ credit card transaction’ means an card payment transaction where the transaction is settled more than 48 hours after the transaction has been authorised / initiated ; ### ' credit card transaction ' means a card payment transaction executed with a credit card and debited on the payment account to which the card is linked more than 48 hours after the transaction has been cleared ;


### with effect from two months after the entry into force of this regulation , payment services providers shall not offer or request for cross - border debit card transactions a per transaction interchange fee or other agreed remuneration with an equivalent object or effect of more than 0 , 2 % of the value of the transaction . ### with effect from two months after the entry into force of this regulation , payment services providers shall not offer or request for cross - border debit card transactions a per transaction interchange fee or other agreed remuneration with an equivalent object or effect .


### ‘ credit card transaction’ means an card payment transaction where the transaction is settled more than 48 hours after the transaction has been authorised / initiated ; ### ' credit card transaction ' means an card payment transaction where the transaction is settled more than 2 business days after the transaction has been authorised / initiated and to which a number of payment transactions is pooled to one amount and debited from a current or deposit account ;


### four years after the entry into force of this regulation , the commission shall present to the european parliament and to the council a report on the application of this regulation . the commission ' s report shall look in particular at the appropriateness of the levels of interchange fees and at steering mechanisms such as charges , taking into account the use and cost of the various means of payments and the level of entry of new players and new technology on the market . ### three years after the entry into force of this regulation , the commission shall present to the european parliament and to the council a report on the application of this regulation . the commission ' s report shall look in particular at the appropriateness of the levels of interchange fees and at steering mechanisms such as charges , taking into account the use and cost of the various means of payments and the level of entry of new players and new technology on the market .


### four years after the entry into force of this regulation , the commission shall present to the european parliament and to the council a report on the application of this regulation . the commission ' s report shall look in particular at the appropriateness of the levels of interchange fees and at steering mechanisms such as charges , taking into account the use and cost of the various means of payments and the level of entry of new players and new technology on the market . ### three years after the entry into force of this regulation , the commission shall present to the european parliament and to the council a report on the application of this regulation . the commission ' s report shall look in particular at the at steering mechanisms such as charges , taking into account the use and cost of the various means of payments and the level of entry of new players and new technology on the market , as well as appropriateness of the levels of interchange fees and assess the gains for consumers of the caps and compare them to potential gains for consumers of an all - encompassing ban on interchange fees . if appropriate , the report shall be accompanied by a legislative proposal .


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


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


### for the purposes of article 29 and without prejudice to article 97 , when filling a vacant post in the eeas , the appointing authority shall consider the applications of officials of the council , the commission and the eeas , of temporary staff to whom article 2 of the conditions of employment of other servants applies and of staff from national diplomatic services of the member states without giving priority to any of these categories . ### for the purposes of article 29 and without prejudice to article 97 , when filling a vacant post in the eeas , the appointing authority shall consider the applications of officials of the council , the commission and the eeas , of temporary staff to whom article 2 of the conditions of employment of other servants applies and of staff from national diplomatic services of the member states without giving priority to any of these categories . when staff are appointed in the eeas , due consideration shall be paid to the goal of ensuring gender balance at all hierarchical and organisational levels and for all staff components .


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


### the eit ' s mission is to contribute to sustainable european economic growth and competitiveness by reinforcing the innovation capacity of the member states and the union . it shall do this by promoting and integrating higher education , research and innovation of the highest standards the eit ' general objectives , specific objectives and result indicators for the period 2014 - 2020 are defined in horizon 2020 ' . ### the eit ' s mission is to contribute to sustainable european economic development and competitiveness by reinforcing the innovation capacity of the member states and the union . it shall do this by promoting and integrating higher education , research , innovation and entrepreneurship activities of the highest standards . the eit ' general objectives , specific objectives and result indicators for the period 2014 - 2020 are defined in horizon 2020 ' .


### the eit shall launch the selection and designation of kics according to the priority fields and time schedule defined in the sia . ### the eit shall launch the selection of kics and designate as many kics as financially feasible , on the basis of their quality and provided that they fulfil minimum selection and award criteria .


### the majority of the partner organisations forming a kic shall be established in the member states . at least one higher education institution and one private company shall be part of each kic . ### at least two - thirds of the partner organisations forming a kic shall be established in the member states . at least one higher education institution , one private entity and one sme shall be part of each kic .


### cooperation on the organisation the monitoring and evaluations of the kics between the commission and the eit is required to ensure coherence with overall eu level monitoring and evaluation system . ### cooperation on the organisation the monitoring and evaluations of the kics between the commission and the eit is required to ensure coherence with overall eu level monitoring and evaluation system . in particular , the principles for monitoring the kics and the eit should be clarified .


### ' stakeholder forum ' means a meeting open to representatives of national and regional authorities , organized interests and individual entities from business , higher education , and research , cluster organisations , as well as other interested parties from across the knowledge triangle . ### ' stakeholder forum ' means a platform open to representatives of national and regional authorities , organized interests and individual entities from business , higher education , research , cluster organisations , civil society organisations , as well as other interested parties from across the knowledge triangle .


### the governing board may decide to extend the operation of a kic beyond the period initially set if this is the most appropriate way to achieve the objectives of the eit . ### subject to the outcomes of the continuous monitoring and periodic evaluations as defined in article 7a , the governing board may decide every three years to extend the financing of the operation of a kic if it proves to achieve its objectives and those of the eit .


### the majority of the partner organisations forming a kic shall be established in the member states . at least one higher education institution and one private company shall be part of each kic . ### the majority of the partner organisations forming a kic shall be established in the member states . each kic shall be constituted by at least one higher education institution and one private entity .


### the composition of the eit bodies should be simplified . the functioning of the eit governing board should be streamlined and the respective roles and tasks of the governing board and the director should be further clarified . ### the composition of the eit bodies should be simplified and should reflect the three dimensions of the knowledge triangle . the functioning of the eit governing board should be streamlined and the respective roles and tasks of the governing board and the director should be further clarified .


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


### the eit should directly engage with national and regional representatives and other stakeholders from across the innovation chain , generating beneficial effects on both sides . in order to render such dialogue and exchange more systematic , an eit stakeholder forum should be organised , bringing together the wider community of stakeholders around cross - cutting issues . ### the eit should directly engage with national and regional representatives and other stakeholders from across the innovation chain , generating beneficial effects on both sides . in order to render such dialogue and exchange more systematic , an eit stakeholder forum should be organised , bringing together the wider community of stakeholders around cross - cutting issues . each kic should also establish a stakeholders ' forum in their particular field of activity .


### the europe 2020 strategy for smart , sustainable and inclusive growth assigns a prominent role to the european institute of innovation and technology which contributes to a number of flagship initiatives . ### the europe 2020 strategy for smart , sustainable and inclusive growth assigns a prominent role to the european institute of innovation and technology which aims at contributing to a number of flagship initiatives , in particular the flagships for an innovation union and youth on the move .


### the rules concerning the management of intellectual property rights are defined in the rules for participation . ### the rules concerning the management of intellectual property rights are defined in the rules for participation . in addition , as leading european institutes for innovation , the eit and the knowledge and innovation communities should seek to develop innovative practices for the management of intellectual property rights .


### the commission should strengthen its role in monitoring the implementation of specific aspects of eit activities . ### the commission and the eit should strengthen their roles in monitoring the implementation of specific aspects of eit and kics activities .


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


### the europe 2020 strategy for smart , sustainable and inclusive growth assigns a prominent role to the european institute of innovation and technology which contributes to a number of flagship initiatives . ### the europe 2020 strategy for smart , sustainable and inclusive growth assigns a prominent role to the european institute of innovation and technology which aims at contributing to a number of flagship initiatives , in particular the flagship for an innovation union and youth on the move .


### the agency shall register all requests for explicit consent , responses obtained and waivers granted in its database . each explicit consent obtained or waived shall be assigned a reference identification number and shall be listed with all relevant information concerning any conditions attached , such as validity dates . the non - confidential information shall be made publicly available on the agency ' s database . ### the agency shall register all requests for explicit consent , responses obtained and waivers granted , including the documentation pursuant to the second subparagraph of paragraph 7 , in its database . each explicit consent obtained or waived shall be assigned a reference identification number and shall be listed with all relevant information concerning any conditions attached , such as validity dates . the non - confidential information shall be made publicly available on the agency ' s database .


### in order to ensure thorough implementation , the agency should be provided with a viable and cost - effective system for financing , in particular , its operational assistance to the affected states . ### in order to ensure thorough implementation of the action plans , the agency should be provided with a viable and cost - effective system for financing , in particular , the provision of operational assistance to the affected states .


### the financial envelope for the implementation of the tasks referred to in article 3 for the period from 1 january 2014 to 31 december 2020 shall be eur 160 . 500 . 000 expressed in current prices . ### the financial envelope for the implementation of the tasks referred to in article 3 for the period from 1 january 2014 to 31 december 2020 shall be eur 185 500 000 expressed in current prices .


### liquid renewable fuels are likely to be required by the transport sector in order to reduce its greenhouse gas emissions . advanced biofuels , such as those made from wastes and algae , provide high greenhouse gas savings with low risk of causing indirect land use change and do not compete directly for agricultural land for the food and feed markets . it is appropriate , therefore , to encourage greater production of such advanced biofuels as these are currently not commercially available in large quantities , in part due to competition for public subsidies with established food crop based biofuel technologies . further incentives should be provided by increasing the weighting of advanced biofuels towards 10% target for transport set in directive 2009 / 28 / ec compared to conventional biofuels . in this context , only advanced biofuels with low estimated indirect land use change impacts and high overall greenhouse gas savings should be supported as part of the post 2020 renewable energy policy framework . ### liquid renewable fuels as well as electricity from renewable energy , energy savings and an increase in energy efficiency are likely to be required by the transport sector in order to reduce its greenhouse gas emissions . advanced biofuels potentially provide high greenhouse gas savings with low risk of causing indirect land use change and do not compete directly for agricultural land for the food and feed markets . it is appropriate , therefore , to only encourage greater production of such advanced biofuels that will not contribute to indirect land use change or any other adverse effects to the environment . on the basis of a thorough impact assessment on the positive and negative impacts of advanced biofuels on indirect land use change , further incentives should be provided by increasing the weighting of advanced biofuels towards the 10% target for transport set in directive 2009 / 28 / ec . in this context , only advanced biofuels with low risks in relation to indirect land use change , high overall greenhouse gas savings and without any risk to directly or indirectly endangering the right to food will be supported as part of the post 2020 renewable energy policy framework .


### to prepare for the transition towards advanced biofuels and minimise the overall indirect land use change impacts in the period to 2020 , it is appropriate to limit the amount of biofuels and bioliquids obtained from food crops as set out in part a of annex viii to directive 2009 / 28 / ec and part a of annex v to directive 98 / 70 / ec that can be counted towards targets set out in directive 2009 / 28 / ec . without restricting the overall use of such biofuels , the share of biofuels and bioliquids produced from cereal and other starch rich crops , sugar and oil crops that can be counted towards the targets of directive 2009 / 28 / ec should be limited to the share of such biofuels and bioliquids consumed in 2011 . ### to prepare for the transition towards advanced and sustainable biofuels and minimise the overall indirect land use change impacts in the period to 2020 , it is appropriate to limit the amount of biofuels and bioliquids obtained from food crops as set out in part a of annex viii to directive 2009 / 28 / ec and part a of annex v to directive 98 / 70 / ec that can be counted towards targets set out in those directives . the share of biofuels and bioliquids produced from cereal and other starch rich crops , sugar and oil crops that can be counted towards the targets or receive public funding pursuant to directive 2009 / 28 / ec should be limited to the share of such biofuels and bioliquids consumed in 2011 . biofuels and bioliquids imported from third countries are counted towards this target . for the same reason and in order to avoid unequal treatment of biofuels and bioliquids from raw materials with similar impacts , it is appropriate to apply the same treatment to advanced biofuels .


### the commission should review the methodology for estimating land - use change emission factors included in annexes viii and v to directives 2009 / 28 / ec and 98 / 70 / ec respectively in the light of adaptation to technical and scientific progress . to this end , and if warranted by the latest available scientific evidence , the commission should consider the possibility of revising the proposed crop group indirect land - use change factors , as well as introducing factors at further levels of disaggregation and including additional values should new biofuel feedstocks come to market . ### the commission should review the methodology for estimating land - use change emission factors included in annexes viii and v to directives 2009 / 28 / ec and 98 / 70 / ec respectively in the light of adaptation to technical and scientific progress . to this end , and if warranted by the latest available scientific evidence , the commission should submit legislative proposals to the european parliament and the council to revise the proposed crop group indirect land - use change factors , as well as introducing factors at further levels of disaggregation and including additional values should new biofuel feedstocks come to market .


### feedstocks whose production has led to direct land use change , i . e . a change from one of the following ipcc land cover categories ; forest land , grassland , wetlands , settlements , or other land , to cropland or perennial cropland . in such a case a “direct land use change emission value ” should have been calculated in accordance to part c , paragraph 7 of annex v . ### feedstocks whose production has not taken place on cropland , perennial cropland or land in any other ipcc land cover category used for food production , whether managed or unmanaged , such as agricultural and silvipastoral systems .


### liquid renewable fuels are likely to be required by the transport sector in order to reduce its greenhouse gas emissions . advanced biofuels , such as those made from wastes and algae , provide high greenhouse gas savings with low risk of causing indirect land use change and do not compete directly for agricultural land for the food and feed markets . it is appropriate , therefore , to encourage greater production of such advanced biofuels as these are currently not commercially available in large quantities , in part due to competition for public subsidies with established food crop based biofuel technologies . further incentives should be provided by increasing the weighting of advanced biofuels towards 10% target for transport set in directive 2009 / 28 / ec compared to conventional biofuels . in this context , only advanced biofuels with low estimated indirect land use change impacts and high overall greenhouse gas savings should be supported as part of the post 2020 renewable energy policy framework . ### liquid renewable fuels are likely to be required by the transport sector in order to reduce its greenhouse gas emissions . advanced biofuels , such as those made from wastes and algae , provide high greenhouse gas savings with low risk of causing indirect land use change and do not compete directly for agricultural land for the food and feed markets . it is appropriate , therefore , to encourage greater production of such advanced biofuels as these are currently not commercially available in large quantities , in part due to competition for public subsidies with established food crop based biofuel technologies . further incentives should be provided by setting a separate target of at least 2 , 5% for advanced biofuels within the 10% target of consumption of energy from renewable sources for transport as established in directive 2009 / 28 / ec . in this context , biofuels with low estimated indirect land use change impacts and high overall greenhouse gas savings should be supported as part of the post 2020 renewable energy policy framework . in such framework the target of 2 , 5% for advanced biofuels should be increased until 5% as of 1 january 2021 . however , to avoid market distortions and frauds related to the production of advanced biofuels also the latter should comply with the relevant sustainability criteria as for conventional biofuels .


### the potential advantages for officials and other servants of the european union of the application of the method should be balanced by the continuation of the system of special levy , to be renamed as ' solidarity levy ' . while the rate of the special levy in force during the period from 2004 to 2012 increased gradually over time and averaged at 4 . 23 % , it seems appropriate in the present circumstances to increase the solidarity levy at the uniform rate of 6% , so as to take account of a difficult economic context and its ramifications for public finances throughout the european union . such a solidarity levy should apply to all officials and other servants of the european union for the same period as the ' method ' itself . ### the potential advantages for officials and other servants of the european union of the application of the method should be balanced by the continuation of the system of special levy , to be renamed as ' solidarity levy ' . while the rate of the special levy in force during the period from 2004 to 2012 increased gradually over time and averaged at 4 . 23 % , it seems appropriate in the present circumstances to increase the solidarity levy and to transform the rate of that levy into a progressive rate of 6% to 12% , so as to take account of a difficult economic context and its ramifications for public finances throughout the european union , but at the same time to respect principles of social justice . such a solidarity levy should apply to all officials and other servants of the european union for the same period as the ' method ' itself .


### the veterinarian issuing the identification document shall record the information referred to in paragraph 1 and and keep records of that information for at least 10 years from the date of issue of the identification document . ### the veterinarian issuing the identification document shall ensure that the information referred to in paragraph 1 and is registered on an authorised database , which is accessible across member states from a central point of access .


### not later than six years from the date on which the first european patent with unitary effect takes effect in the territories of the participating member states , the commission shall present to the council a report on the operation of this regulation and , where necessary , make appropriate proposals for amending it . subsequent reports on the operation of this regulation shall be presented by the commission every six years . ### not later than three years from the date on which the first european patent with unitary effect takes effect in the territories of the participating member states , the commission shall present to the european parliament and the council a report on the operation of this regulation and , where necessary , make appropriate proposals for amending it . subsequent reports on the operation of this regulation shall be presented by the commission every five years .


### member states shall ensure that statements made by the suspect or accused person or evidence obtained in breach of his right to a lawyer or in cases where a derogation to this right was authorised in accordance with article 8 , may not be used at any stage of the procedure as evidence against him , unless the use of such evidence would not prejudice the rights of the defence . ### without prejudice to national rules on the admissibility of evidence , member states shall ensure that evidence obtained in breach of his or her right to a lawyer or in cases where a derogation to this right was authorised in accordance with article 8 , may not be used at any stage of the procedure as evidence against him or her .


### 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 .


### member states shall ensure that suspects and accused persons are granted access to a lawyer as soon as possible and in any event : ### if and to the extent that suspects or accused persons request access to a lawyer , member states shall ensure that they have such access as soon as possible and in any event :


### 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 . 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 . confidentiality shall not be subject to any exception ; any infringement thereof shall be sanctioned in accordance with national law .


### member states shall ensure that any statement made by such person before he is made aware that he is a suspect or an accused person may not be used against him . ### without prejudice to national rules on the admissibility of evidence , member states shall ensure that any statement made by such person before he or she is made aware that he is a suspect or an accused person may not be used against him or her .


### 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 interview and hearing , whether the person is detained or not . he or she shall have the right to ask questions , request clarification and make statements , which shall be recorded in accordance with national law .


### 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 .


### 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 of access to the materials of the case and 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 . he shall have the right to request evidence - gathering himself .


### 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 person is a child or a vulnerable person , member states shall ensure that the child’s legal representative or another adult , depending on the interest of the child or the vulnerable person , 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 or the vulnerable person , in which case another appropriate adult or legal representative shall be informed .


### 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 . ### if he or she receives indications of maltreatment , the lawyer shall have the right to examine the specific conditions in which the suspect or accused person is detained and to that end shall have access to the place where the 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 ;


### 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 .


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


### the commission shall establish a certification mechanism ensuring that sending organisations comply with the standards referred to in article 9 and a differentiated certification mechanism for hosting organisations . ### the commission shall establish a certification mechanism , developed in close cooperation with ngos renowned for humanitarian work , ensuring that sending organisations comply with the standards referred to in article 9 and a differentiated certification mechanism for hosting organisations . volunteer representatives shall be consulted when updating such mechanisms .


### establishment of measures in accordance with the best available scientific advice ; ### establishment of measures that follow the best available scientific advice , mindful that the absence of adequate scientific information shall not be used as a reason for postponing or failing to take conservation and management measures ;


### promoting aquaculture ### ensuring sustainable aquaculture


### member states shall put in place measures to adjust the fishing capacity of their fleets in order to achieve an effective balance between such fishing capacity and their fishing opportunities . ### member states shall , by 2015 , put in place measures to adjust the fishing capacity of their fleets in order to achieve an effective balance between such fishing capacity and their fishing opportunities . they shall report annually to the commission on progress achieved .


### multiannual plans providing for conservation measures to maintain or restore fish stocks above levels capable of producing maximum sustainable yield shall be established as a priority . ### multiannual plans providing for conservation measures to maintain or restore fish stocks above levels capable of producing maximum sustainable yield shall be established as a priority . &#160 ; plans for all regulated stocks and fisheries shall be adopted within five years of the entry into force of the present regulation .


### sustainable fisheries agreements with third countries shall establish a legal , economic and environmental governance framework for fishing activities carried out by union fishing vessels in third country waters . ### sustainable fisheries agreements with third countries shall establish a legal , economic and environmental governance framework for fishing activities carried out by union fishing vessels in third country waters in accordance with relevant measures adopted by international organizations including rfmos . such frameworks may include : development and support for the necessary scientific and research institutions ; monitoring , control and surveillance capabilities ; and other capacity building items pertaining to the development of a sustainable fisheries policy of the third country .


### support part of the cost of access to the fisheries resources in third country waters ; ### support part of the cost of access to the fisheries resources in third country waters , with the beneficiaries of the access to the fishery paying a progressively greater share of the costs ;


### in order to provide for enhanced transparency of payments made to governments , issuers whose securities are admitted to trading on a regulated market and which have activities in the extractive or logging of primary forest industries should disclose in a separate report on an annual basis payments made to governments in the countries in which they operate . the report should include types of payments comparable to those disclosed under the extractive industries transparency initiative and provide civil society with information to hold governments of resource - rich countries to account for their receipts from the exploitation of natural resources . the initiative is also complementary to the eu flegt action plan and the timber regulationwhich require traders of timber products to exercise due diligence in order to prevent illegal wood from entering into the eu market . the detailed requirements are defined in chapter 9 of directive 2011 / . . . / eu of the european parliament and of the council . ### in order to provide for enhanced transparency of payments made to governments , issuers whose securities are admitted to trading on a regulated market should disclose as part of their annual financial statements payments made to governments in the countries in which they operate . disclosures should be made on a country - by - country basis . in the case of issuers engaged in activities related to extractive or forest industries , disclosures should include types of payments comparable to those disclosed under the extractive industries transparency initiative and should be on a country - by - country and project - by - project basis , where a project means a contract , licence , lease or other legal agreement under which an issuer operates and which gives rise to specific revenue liabilities . for all issuers , disclosures should include turnover of the constituent entities of the undertaking that might give rise to payments and , on a country - by - country basis , quantities produced , profit before tax , effective tax rates , total number of people employed and their aggregate remuneration and expenditure on fixed asset investment during the course of the reporting period . the detailed requirements are defined in chapter 9 of directive 2011 / . . . / eu of the european parliament and of the council .


### member states shall require issuers active in the extractive or logging of primary forest industries , as defined in [ … ] to prepare , in accordance with chapter 9 of directive 2011 / . . . / eu of the european parliament and of the council , a report on payments made to governments on an annual basis . the report shall be made public at the latest six months after the end of each financial year and shall remain publicly available for at least five years . payments to governments shall be reported at consolidated level . ### member states shall require issuers to prepare , in accordance with chapter 9 of directive 2011 / . . . / eu of the european parliament and of the council , a report on payments made to governments on an annual basis . the report shall incorporate disclosures on a country - by - country as well as on a project - by - project basis . it shall be attached to the annual financial statement and shall remain publicly available for at least five years . payments to governments shall be reported at consolidated level .


### in order to provide for enhanced transparency of payments made to governments , issuers whose securities are admitted to trading on a regulated market and which have activities in the extractive or logging of primary forest industries should disclose in a separate report on an annual basis payments made to governments in the countries in which they operate . the report should include types of payments comparable to those disclosed under the extractive industries transparency initiative and provide civil society with information to hold governments of resource - rich countries to account for their receipts from the exploitation of natural resources . the initiative is also complementary to the eu flegt action plan and the timber regulation which require traders of timber products to exercise due diligence in order to prevent illegal wood from entering into the eu market . the detailed requirements are defined in chapter 9 of directive 2011 / . . . / eu of the european parliament and of the council . ### in order to provide for enhanced transparency of payments made to governments , issuers whose securities are admitted to trading on a regulated market should disclose in a report on an annual basis payments made to governments in the countries in which they operate and certain contextual information . the disclosure of these data aims at enabling investors to make better - informed decisions , improving corporate governance and accountability and contributing to containing tax evasion . the detailed requirements are defined in chapter 9 of directive 2011 / . . . / eu of the european parliament and of the council .


### the active substance is essential to prevent or to control a serious danger to public or animal health or the environment ; or ### it is shown by evidence that the active substance is necessary to prevent or control a serious danger to public or animal health or to the environment , to food and feed safety , or to the public interest and that there are no effective alternative substances or technologies available . the use of any biocidal product containing active substances included in annex i pursuant to this paragraph shall be subject to appropriate risk mitigation measures to ensure that exposure of humans and the environment is minimised .


### the commission shall , on receipt of the opinion of the agency referred to in article 8 , either : adopt an implementing regulation providing that an active substance is approved , and under which conditions , including the dates of approval and of expiry of the approval ; or n cases where the requirements of article 4 or , where applicable , article 5 , are not satisfied or where the requisite information and data have not been submitted within the prescribed period , adopt an implementing decision that an active substance is not approved . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 81 . ### the commission shall , on receipt of the opinion of the agency referred to in article 8 , adopt , by means of delegated acts in accordance with article 82 , a decision on the inclusion of the active substance in annex - i , including the conditions of the inclusion , the dates of inclusion and of expiry of inclusion , or on the non - inclusion of the active substance in annex i .


### the commission shall , on receipt of the opinion of the agency , adopt : an implementing regulation providing that the approval of an active substance is renewed for one or more product - types , and under which conditions ; or an implementing decision that the approval of an active substance is not renewed . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 81 . article 9 shall apply . ### the commission shall , on receipt of the opinion of the agency , adopt , by means of delegated acts in accordance with article 82 , a decision on the renewal of the inclusion of the active substance in annex - i for one or more product - types , or of the non - renewal of inclusion . in the event that the inclusion is renewed , the decision shall state the conditions of renewal and the dates of renewal and of expiry of inclusion .


### where it is decided not to authorise or to restrict the use of a biocidal product pursuant to paragraph 3 , that cancellation or amendment of the authorisation shall take effect five years after that decision . however , where the approval of the active substance which is a candidate for substitution expires on an earlier date , the cancellation of the authorisation shall take effect on that earlier date . ### where it is decided not to authorise or to restrict the use of a biocidal product pursuant to paragraph 3 , that cancellation or amendment of the authorisation shall take effect three years after that decision . however , where the approval of the active substance which is a candidate for substitution expires on an earlier date , the cancellation of the authorisation shall take effect on that earlier date .


### the active substance is essential to prevent or to control a serious danger to public or animal health or the environment ; or ### it is shown by evidence that the active substance is necessary to prevent or control a serious danger to public or animal health or to the environment , to food and feed safety , or to the public interest and that there are no effective alternative substances or technologies available . the use of any biocidal product containing active substances included in annex i pursuant to this paragraph shall be subject to appropriate risk mitigation measures to ensure that exposure of humans and the environment is minimised . member state authorising a biocidal product containing an active substance included in annex i pursuant to this paragraph shall draw up a substitution plan concerning the control of the serious danger by other means including non - chemical methods , which are as effective as the biocidal product concerned and shall without delay transmit that plan to the commission . the use of the biocidal product with the active substance concerned shall be restricted to those member states where the serious danger has to be prevented or , if it occurs , controlled .


### any of the member states concerned may , in particular , propose in accordance with the first subparagraph to refuse to grant an authorisation or to adjust the terms and conditions of the authorisation to be granted for a biocidal product containing an active substance to which article 5 or 10 applies . ### any of the member states concerned may , in particular , in accordance with the first subparagraph refuse to grant an authorisation or to adjust the terms and conditions of the authorisation to be granted for a biocidal product containing an active substance to which article 5 or 10 applies .


### ' nanomaterial ' means nanomaterial as defined in commission recommendation 20 . . / … / ec of … … … concerning the definition of nanomaterials ; ### ' nanomaterial ' means any intentionally produced material that has one or more dimensions of the order of 100 nm or less or is composed of discrete functional parts , either internally or at the surface , many of which have one or more dimensions of the order of 100 nm or less , including structures , agglomerates or aggregates , which may have a size above the order of 100 nm but retain properties that are characteristic of the nanoscale . properties that are characteristic of the nanoscale include : those related to the large specific surface area of the materials considered ; and / or specific physico - chemical properties that are different from those of the non - nanoform of the same material . on entry into force of commission recommendation 20 . . / … / ec of … … concerning the definition of nanomaterials , this definition shall be replaced by the definition contained therein ;


### if the member state concerned is unable to reach agreement with the applicant or receives no reply from the applicant within 60 days of that communication it shall inform the commission . in that case , the commission : ### if the member state concerned is unable to reach agreement with the applicant or receives no reply from the applicant within 60 days of that communication it shall without delay inform other member states and the commission of any decision taken in this respect and its justification .


### an active substance shall be approved for an initial period not exceeding 10 years if at least one biocidal product containing that active substance may be expected to meet the criteria laid down in point of article 18 taking into account the factors set out in article&#160 ; 18 and&#160 ; . ### an active substance shall be included in annex - i for an initial period not exceeding 10 years if at least one biocidal product containing that active substance fulfils the conditions laid down in point of article 18 taking into account the factors set out in article&#160 ; 18 and&#160 ; .


### the risk to humans or the environment from exposure to the active substance in a biocidal product , under realistic worst case conditions of use , is negligible , in particular where the product is used in closed systems or strictly controlled conditions ; ### the risk to humans or the environment from exposure to the active substance in a biocidal product , under realistic worst case conditions of use , is negligible , meaning that the product is used in closed systems or under other conditions excluding contact with humans ;


### the commission shall , on receipt of the opinion of the agency , adopt : an implementing regulation providing that the approval of an active substance is renewed for one or more product - types , and under which conditions ; or an implementing decision that the approval of an active substance is not renewed . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 81 . article 9 shall apply . ### the commission shall , on receipt of the opinion of the agency , adopt , by means of delegated acts in accordance with article 82 , a decision on the renewal of the inclusion of the active substance in annex - i for one or more product - types . in the event that the approval is renewed , the decision shall state the conditions of renewal .


### ‘ nanomaterial’ means nanomaterial as defined in commission recommendation 20 . . / … / ec of … … … concerning the definition of nanomaterials ; ### ' nanomaterial ' means any intentionally produced material that has one or more dimensions of the order of 100 nm or less or is composed of discrete functional parts , either internally or at the surface , many of which have one or more dimensions of the order of 100 nm or less , including structures , agglomerates or aggregates , which may have a size above the order of 100 nm but retain properties that are characteristic of the nanoscale . properties that are characteristic of the nanoscale include : those related to the large specific surface area of the materials considered ; and / or specific physico - chemical properties that are different from those of the non - nanoform of the same material . no later than six months after the adoption of recommendation 20 . . / … / ec of … … concerning the definition of nanomaterials , the commission shall make a legislative proposal to include the definition in this regulation .


### by way of derogation from article 31 , any of the member states concerned may propose to refuse to grant an authorisation or to adjust the terms and conditions of the authorisation to be granted , provided that such a measure can be justified on grounds of : ### by way of derogation from article 31 , any of the member states concerned may refuse to grant an authorisation or adjust the terms and conditions of the authorisation to be granted , provided that such a measure can be justified on grounds of :


### on duly justified imperative grounds of urgency the commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in article 81 . ### on duly justified imperative grounds of urgency the commission shall adopt delegated acts in accordance with the procedure referred to in article 83 .


### it is up to each member state to decide whether the tasks referred to in article 5 of this directive are attributed to an already existing body covering a wider range of discrimination grounds . in the case the tasks under article 5 will be covered by expanding the mandate of an already existing body or structure , the member state should ensure allocation of sufficient resources to the existing body for the performance of additional tasks in order to ensure that the performance of already existing tasks of these bodies will not suffer . ### member states are encouraged to attribute the tasks referred to in article 5 of this directive to an already existing equality body designated in accordance with article 13 of directive 2000 / 43 / ec or covering a wider range of discrimination grounds . in the case the tasks under article 5 will be covered by expanding the mandate of an already existing body or structure , the member state should ensure allocation of sufficient additional resources to the existing body for the performance of additional tasks in order to ensure the effective and adequate provision of all functions of the body and in particular that the performance of already existing tasks of these bodies will not suffer .


### the free movement of workers is a fundamental freedom of eu citizens and one of the pillars of the internal market in the union enshrined in article 45 of the treaty on the functioning of the european union . its implementation is further developed by union law aimed at guaranteeing the full exercise of rights conferred on union citizens and the members of their families . ### the free movement of workers is a fundamental freedom of eu citizens and one of the pillars of the internal market in the union enshrined in article 45 of the treaty on the functioning of the european union . its implementation is further developed by union law aimed at guaranteeing the full exercise of rights conferred on union citizens and the members of their families . it is essential to ensure that this fundamental freedom always takes into consideration the principle of equality between women and men and the promotion of equal opportunities across the union .


### no later than two years after the expiry of the deadline for transposition , the commission shall report to the european parliament , the council and the european economic and social committee on the implementation of this directive , with a view to proposing where appropriate , the necessary amendments . ### no later than two years after the expiry of the deadline for transposition , the commission shall report to the european parliament , the council and the european economic and social committee on the implementation of this directive , with a view to proposing where appropriate , the necessary amendments or legislative proposals .


### member states shall ensure that judicial and / or administrative procedures , including where they deem it appropriate , conciliation procedures , for the enforcement of the obligations under article 45 of the treaty and articles 1 to 10 of regulation no 492 / 2011 , are available to all workers and members of their families who consider they have suffered or are suffering from unjustified restrictions to their right to free movement or consider themselves wronged by failure to apply the principle of equal treatment to them , even after the relationship in which the discrimination is alleged to have occurred has ended . ### member states shall ensure that fast - track judicial and / or administrative procedures , including where they deem it appropriate , conciliation procedures , for the enforcement of the obligations under article 45 of the treaty and articles 1 to 10 of regulation no 492 / 2011 , are put in place and available to all workers and members of their families who consider they have suffered or are suffering from discrimination or unjustified restrictions to their right to free movement or consider themselves wronged by failure to apply the principle of equal treatment to them , even after the relationship in which the discrimination is alleged to have occurred has ended .