### users should declare at identified points in the chain of activities that constitute use that they have exercised due diligence . suitable points for such declarations are the receiving of public research funds , when a market approval for a product developed on the basis of genetic resources is requested or at the time of commercialisation where a market approval is not required . notably , the declaration made upon occasion of requesting market approval would not constitute part of the approval procedure as such and would be directed to competent authorities established under this regulation . ### users should declare at identified points in the chain of activities that they have exercised due diligence , and provide evidence to that effect . suitable points for such declarations are the establishment of prior informed consent and mutually agreed terms , the receiving of research funds , when applying for intellectual property rights at relevant national , regional or international institutions , when a market approval for a product developed on the basis of genetic resources is requested or at the time of commercialisation where a market approval is not required . notably , the declaration made upon occasion of applying for intellectual property rights or requesting market approval would not constitute part of the approval procedure as such and would be directed to competent authorities established under this regulation .


### collecting of genetic resources in the wild is mostly undertaken for non - commercial purposes by university - based researchers or collectors . in the vast majority of cases and in almost all sectors , access to newly collected genetic resources is gained through intermediaries , collections , or agents that acquire genetic resources in third countries . ### collecting of genetic resources in the wild is mostly undertaken for non - commercial purposes by university - based researchers or collectors . in the vast majority of cases and in almost all sectors , access to newly collected genetic resources is gained through intermediaries , collections , or agents that acquire genetic resources in third countries . this regulation should ensure that the provisions of mutually agreed terms for the initial access relevant for third party transfer are followed by all parties involved . in many cases subsequent utilisation or commercialisation might require new prior informed consent and mutually agreed terms .


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


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


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


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


### ' genetic resources ' means genetic material of actual or potential value ; ### ' genetic resources ' means genetic material of actual or potential value , or derivatives thereof ;


### ' user ' means a natural or legal person using genetic resources or traditional knowledge associated with genetic resources ; ### ' user ' means a natural or legal person utilising genetic resources or traditional knowledge associated with genetic resources or subsequently commercialising genetic resources or products based on genetic resources , or traditional knowledge associated with genetic resources ;


### ' use of genetic resources ' means to conduct research and development on the genetic or biochemical composition of genetic resources ; ### ' utilisation of genetic resources ' means to conduct research and development on the genetic or biochemical composition of genetic resources including through the application of biotechnology ;


### users shall exercise due diligence to ascertain that genetic resources and trational knowledge associated with genetic resources used were accessed in accordance with applicable access and benefit - sharing legislation or regulatory requirements and that , where relevant , benefits are fairly and equitably shared upon mutually agreed terms . users shall seek , keep , and transfer to subsequent users information relevant for access and benefit - sharing . ### users shall exercise due diligence to ascertain that genetic resources and traditional knowledge associated with genetic resources used were accessed in accordance with applicable access and benefit - sharing legislation or regulatory requirements , after obtainment of prior informed consent when so required and with full respect of existing duties regarding fair and equitable benefit - sharing upon mutually agreed terms . users shall seek , keep , and transfer to subsequent users information relevant for access and benefit - sharing and compliance with the provisions of this regulation .


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


### users acquiring a genetic resource from a collection listed in the union register of trusted collections referred to in article 5 shall be considered to have exercised due diligence as regards the seeking of information relevant to access and benefit - sharing for genetic resources and traditional knowledge associated with genetic resources . ### users that have accessed a genetic resource or traditional knowledge associated with a genetic resource from a collection listed in the union register of trusted collections referred to in article 5 and produce the documentation they have obtained from this collection together with the genetic resources or traditional knowledge shall be considered to have exercised due diligence as regards the seeking of information relevant to access and benefit - sharing for genetic resources and traditional knowledge associated with genetic resources .


### apply standardised procedures for exchanging samples of genetic resources and related information with other collections , and for supplying samples of genetic resources and related information to third persons for their use ; ### apply standardised procedures for exchanging samples of genetic resources and information on traditional knowledge associated with genetic resources with other collections , and for supplying samples of genetic resources and information on such knowledge to third persons for their use ;


### have samples of genetic resources and related information supplied to third persons for their use only with documentation providing evidence that the resources and the information were accessed in accordance with applicable legal requirements and , where relevant , mutually agreed terms for the fair and equitable sharing of benefits ; ### have samples of genetic resources and related information supplied to third persons for their utilisation only with documentation providing evidence that the resources and the information were accessed in accordance with applicable access and benefits sharing legislation or regulatory requirements and mutually agreed terms for the fair and equitable sharing of benefits ;


### users shall declare to the competent authorities established under article 6 that they exercised due diligence in accordance with article 4 on the occasion of requesting market approval for a product developed on the basis of genetic resources or traditional knowledge associated with such resources , or at the time of commercialisation where a market approval is not required . ### users shall declare to the competent authorities established under article 6 that they have complied with provisions of article 4 and shall submit the related information the occasion of : :


### competent authorities shall transmit to the commission every two years the information received on the basis of paragraphs 1 and 2 . the commission shall summarise the information received and make it available to the access and benefit - sharing clearing house . ### competent authorities shall verify the information provided under points to and transmit to the commission within three months the information received pursuant to this article . the commission shall within three months summarise the information received and make the information required for internationnally recognised certificate available to the access and benefit - sharing clearing house as well as to the public in an easily accessible open format .


### any association of users may submit an application to the commission for recognising as best practice a combination of procedures , tools or mechanisms developed and overseen by it . the application shall be supported by evidence and information . ### any association of users or organisation with interest and expertise in the utilisation of genetic resources and access and benefit sharing may submit an application to the commission for recognising as best practice a combination of procedures , tools or mechanisms developed and overseen by it . the application shall be supported by evidence and information .


### where on the basis of information and evidence supplied to it by an association of users , the commission determines that the specific combination of procedures , tools or mechanisms , when effectively implemented by a user , enables the user to comply with its obligations set out in articles 4 and 7 , it shall grant recognition as best practice . ### the commission shall assess each application , taking into account information and evidence from the applicant , relevant providers , users , authorities , institutions , inter - governmental organisations , as well as representatives of indigenous and local communities , non - governmental organisations and other actors , as appropriate . on the basis of this information and evidence , the commission shall determine whether the specific combination of procedures , tools or mechanisms , when effectively implemented by a user , enables the user to comply with its obligations set out in articles 4 and 7 , including those relating to the obtainment of prior informed consent and to fair and equitable benefit - sharing upon mutual agreed terms , where applicable . the commission shall grant recognition as best practice to the combination of procedures , tools or mechanisms for which an application has been filed if this combination enables users to comply with their obligations and does so in a more reliable and efficient way than other existing or emerging combinations .


### fines ; ### fines proportional to the value of the use of genetic resources concerned ;


### immediate suspension of specific use activities ; ### immediate suspension of specific use activities including commercialisation of products based on genetic resources and associated traditional knowledge ;


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


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


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


### a union platform on access to genetic resources and traditional knowledge associated with genetic resources is hereby established . ### a union platform on access to genetic resources and traditional knowledge associated with genetic resources and on fair and equitable benefit - sharing is hereby established .


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


### each member state and the commission may nominate one regular member for the union platform . stakeholders and other experts in matters addressed by this regulation may be invited as appropriate . ### each member state and the commission may nominate one regular member for the union platform . stakeholders , representatives of relevant inter - governmental and non - governmental organisations and other experts in matters addressed by this regulation shall be invited as appropriate .


### when deciding on the export of chemicals listed in part 3 of annex i , the designated national authority in consultation with the commission assisted by the agency shall consider the possible impact on human health or the environment of the use of the chemical in the importing party or other country . ### when deciding on the export of chemicals listed in part 3 of annex i , the designated national authority in consultation with the commission assisted by the agency shall document that it considered the possible impact on human health or the environment of the use of the chemical in the importing party or other country .


### by way of derogation from point of article 1 of regulation no 1272 / 2008 , chemicals that are intended for export and subject to customs supervision which do not undergo any treatment or processing and are in temporary storage or in a free zone or free warehouse with a view to re - exportation , shall be subject to the measures on packaging and labelling established in , or pursuant to , regulation no 1272 / 2008 . ### by way of derogation from point of article 1 of regulation no 1272 / 2008 , chemicals that are intended for export and subject to customs supervision which do not undergo any treatment or processing and are in temporary storage or in a free zone or free warehouse with a view to re - exportation , shall be subject to the measures on classification , packaging and labelling established in , or pursuant to , regulation no 1272 / 2008 .


### vessels targeting deep - sea species with other bottom gear should not extend their range of operation according to their authorisation within union waters , unless expansion can be assessed as not carrying a significant risk of negative impact on vulnerable marine ecosystems . ### vessels targeting deep - sea species with other bottom gear should not extend their range of operation according to their authorisation within union waters , unless expansion can be assessed as not carrying a significant risk of negative impact on vulnerable marine ecosystems . impact assessments carried out to that effect must conform to the requirements referred to in paragraph 47 of the 2008 fao guidelines for the management of deep - sea fisheries .


### scientific advice further indicates that fishing effort limits are an appropriate instrument for fixing fishing opportunities for deep - sea fisheries . in view of the large variety of gears and fishing patterns present in deep - sea fisheries , and the need to develop accompanying measures tackling the environmentally weak points of the fisheries individually , fishing effort limits should only replace catch limits when it can be ensured that they are adapted to specific fisheries . ### given the lack of accurate data in most deep - sea fisheries and the mixed nature of most of them , fishing effort limits should only be used in combination with catch limits for fixing fishing opportunities for deep - sea fisheries . in view of the large variety of gears and fishing patterns present in deep - sea fisheries , and the need to develop accompanying measures tackling the environmentally weak points of the fisheries individually , fishing effort limits need to be adapted to specific fisheries .


### holders of a fishing authorisation allowing for the catch of deep - sea species should lose their authorisation as far as the catching of deep - sea species is concerned if they do not comply with relevant conservation measures . ### holders of a fishing authorisation allowing for the catch of deep - sea species should lose their authorisation as far as the catching of deep - sea species is concerned if they do not comply with relevant management , conservation and data collection measures .


### to ensure the sustainable exploitation of deep - sea species while minimising the impact of deep - sea fishing activities on the marine environment ; ### to ensure the sustainable management and exploitation of deep - sea fisheries while minimising the impact of deep - sea fishing activities on the marine environment ;


### ‘ most vulnerable species’ means the deep - sea species indicated in the third column ‘ most vulnerable ’ of the table in annex i ; ### ‘ most vulnerable species’ means deep - sea species highly susceptible to depletion which shall be included in the third column ‘ most vulnerable ’ of the table in annex i . all species of deep - sea sharks shall fall under this category .


### each application for a fishing authorisation allowing for the catch of deep - sea species whether as target or by - catch species , and for its renewal shall be accompanied by a description of the area where it is intended to conduct fishing activities , the type of gears , the depth range at which the activities will be deployed , and of the individual species targeted . ### each application for a fishing authorisation allowing for the catch of deep - sea species whether as target or by - catch species , and for its renewal shall be accompanied by a description of the area where it is intended to conduct fishing activities , including its boundaries , the type and quantity of gears , the depth range at which the activities will be deployed , and of the individual species targeted .


### any fishing authorisation issued on the basis of an application made in accordance with paragraph 1 shall specify the bottom gear to be used and limit the fishing activities authorised to the area in which the intended fishing activity , as set out in paragraph 1 , and the existing fishing activity , as set out in paragraph 1 , overlap . however , the area of the intended fishing activity can be extended beyond the area of the existing fishing activity if the member state has assessed and documented , based on scientific advice , that such extension would not have significant adverse impacts on vulnerable marine ecosystems . ### any fishing authorisation issued on the basis of an application made in accordance with paragraph 1 shall specify the bottom gear to be used and limit the fishing activities authorised to the area in which the intended fishing activity , as set out in paragraph 1 , and the existing fishing activity , as set out in paragraph 1 , overlap . the area of the intended fishing activity can be extended beyond the area of the existing fishing activity only if the member state conducted an impact assessment following the requirements set out in annex iia , which demonstrates that such extension would not have significant adverse impacts on vulnerable marine ecosystems .


### fishing opportunities shall be fixed at a rate of exploitation of the deep - sea species concerned that is consistent with maximum sustainable yield . ### fishing opportunities shall be fixed at a rate of exploitation of the deep - sea species concerned that ensures that populations of deep - sea species are maintained or restored above levels which can produce maximum sustainable yield .


### management by fishing effort limits ### fishing effort limits and accompanying measures


### fishing opportunities by means of fishing effort limits only ### fishing effort limits


### the council , acting in accordance with the treaty , may decide to switch from the fixing of annual fishing opportunities for deep - sea species in terms of both fishing effort limits and catch limits to the fixing of only fishing effort limits for specific fisheries . ### the council , acting in accordance with the treaty , may decide to fix annual fishing opportunities for deep - sea species in terms of both fishing effort limits and catch limits .


### for the purposes of paragraph 1 , the fishing effort levels for each deep - sea métier that shall be used as a baseline for any adjustments required in order to follow the principles set out in article 10 shall be the fishing effort levels assessed , based on scientific information , as consistent with the catches made by the relevant deep - sea métiers during the previous two calendar years . ### for the purposes of paragraph 1 , the fishing effort levels for each deep - sea métier that shall be used as a baseline for any adjustments required in order to follow the principles set out in article 10 shall be the fishing effort levels assessed , based on scientific information , as consistent with the rates of exploitation established in accordance with article 10 .


### the specific deep - sea m&#233 ; tier to which the fishing effort limit applies by reference to the regulated gear , the species targeted and the ices zones or cecaf areas within which the allowed effort may be deployed ; and ### the specific deep - sea m&#233 ; tier to which the fishing effort limit applies by reference to the regulated gear , the type and amount of gear allowed , the species and specific stocks targeted and the ices zones or cecaf areas within which the allowed effort may be deployed ; and


### the fishing effort unit to be used for management . ### the fishing effort unit or combination of units to be used for management .


### where annual fishing effort limits have replaced catch limits in accordance with article 11 , member states shall maintain or put in place , in respect of their flagged vessels the following accompanying measures : ### member states shall maintain or put in place , in respect of their flagged vessels the following accompanying measures :


### measures to avoid an increase of the overall catching capacity of the vessels concerned by the effort limits . ### measures to avoid an increase of the overall catching capacity of the vessels concerned by the effort limits established following article 11 .


### measures to avoid an increase in by - catches of most vulnerable species ; and ### measures to minimize by - catches in deep - sea fisheries , of most vulnerable species in particular ; and


### the commission shall assess the effectiveness of the accompanying measures adopted by member states upon their adoption . ### the commission shall assess the effectiveness of the accompanying measures adopted by member states upon their adoption , as well as annually thereof .


### failure to take on board a scientific observer or to allow sampling of catches for scientific purposes as specified in article 19 of this regulation . ### failure to comply with the data collection requirements , including the obligation to take on board a scientific observer or to allow sampling of catches for scientific purposes as specified in article 19 of this regulation .


### member states shall ensure that victims are provided with the following information , without unnecessary delay , from their first contact with the authority competent to receive a complaint concerning a criminal offence : ### member states shall ensure that all victims are provided with the following information , without unnecessary delay and in a language that the victim understands , conveyed using child - sensitive communication techniques where appropriate , from their first contact with the authority competent to receive a complaint concerning a criminal offence :


### each priority shall set out indicators to assess progress of programme implementation towards achievement of objectives as the basis for monitoring , evaluation and review of performance . these shall include : ### each priority shall set out measurable qualititative and quantitative indicators to assess progress of programme implementation towards achievement of objectives as the basis for monitoring , evaluation and review of performance . these shall include :


### for each csf fund , the fund - specific rules shall set out common indicators and may provide for programme - specific indicators . ### for each csf fund , the fund - specific rules shall set out common measurable qualitative and quantitative indicators and may provide for programme - specific indicators .


### member states shall adopt the necessary measures to ensure that the capital resources and gains and other earnings or yields attributable to the support from the csf funds to financial instruments are used in accordance with the aims of the programme for a period of at least 10 years after the closure of the programme . ### member states shall adopt the necessary measures to ensure that the capital resources and gains and other earnings or yields attributable to the support from the csf funds to financial instruments are used in accordance with the aims of the programme for a period of at least 10 years after the closure of the programme . the amount left over after 10 years after the closure of the programme shall be transferred to the general budget of the union .


### ‘ hazardous and noxious substances’ means any substance other than oil which , if introduced into the marine environment , is likely to create hazards to human health , to harm living resources and marine life , to damage amenities or to interfere with other legitimate uses of the sea , as established by the protocol on preparedness , response and cooperation to pollution incidents by hazardous and noxious substances , 2000 . ### ‘ hazardous and noxious substances’ means any substance other than oil , including dispersants , which , if introduced into the marine environment , is likely to create hazards to human health , to harm living resources and marine life , to damage amenities or to interfere with other legitimate uses of the sea , as established by the protocol on preparedness , response and cooperation to pollution incidents by hazardous and noxious substances , 2000 .


### information , in particular the assemble , analysis and dissemination of best practices , techniques and innovations , such as instruments for monitoring ships ' tank - emptying and for monitoring of offshore platforms for operational releases and accidental spills ; ### information , in particular the gathering , analysis and dissemination of best practices , techniques and innovations , such as instruments for monitoring ships ' tank - emptying and for monitoring of offshore platforms for operational releases and accidental spills ; in this regard , the member states ' authorities in charge of coordinating emergency response shall make available to the agency evidence of prior assessments of any chemicals used as dispersants that have been carried out to minimise public health implications and / or further environmental damage ;


### operational assistance and supporting , on request , with additional means , such as stand - by anti - pollution ships , satellite images and equipment , pollution response actions by the affected states in the event of accidental or deliberate pollution caused by ships or marine pollution caused by offshore oil and gas installations . ### operational assistance and supporting , on request , with additional means , such as stand - by anti - pollution ships , satellite images and equipment , pollution response actions by the affected states in the event of accidental or deliberate pollution caused by ships or marine pollution caused by offshore oil and gas installations and measures to clean them up .


### while financial support is awarded without an annual work programme and estimated operating budget , european political parties should justify ex post the sound use of union funds . in particular , the authorising officer should verify if the funds have been used to pay reimbursable expenditure as established in the call for contributions within the time limits laid down in this regulation . contributions to european political parties should be spent within two financial years following the financial year it was awarded , after which , any unspent funds should be recovered by the authorising officer . ### while financial support is awarded without an annual work programme and estimated operating budget , european political parties should justify ex post the sound use of union funds . in particular , the authorising officer should verify if the funds have been used to pay reimbursable expenditure as established in the call for contributions within the time limits laid down in this regulation . european political parties should make public the use of the eu contributions in a citizen - friendly , searchable database . contributions to european political parties should be spent within two financial years following the financial year it was awarded , after which , any unspent funds should be recovered by the authorising officer .


### 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 .


### in order to ensure the long - term competitiveness of bio - based industrial sectors , and in line with the 2012 communication ‘ innovating for sustainable growth : a bioeconomy for europe’ and the roadmap to a resource efficient europe , promoting integrated and diversified biorefineries across europe , enhanced incentives under directive 2009 / 28 / ec should be set in a way that gives preference to the use of biomass feedstocks that do not have a high economic value for other uses than biofuels . ### in order to ensure the long - term competitiveness of bio - based industrial sectors , and in line with the 2012 communication ‘ innovating for sustainable growth : a bioeconomy for europe’ and the roadmap to a resource efficient europe , promoting integrated and diversified biorefineries across europe , enhanced incentives under directive 2009 / 28 / ec should be set in a way that gives preference to the use of biomass feedstocks that do not have a high economic value for other uses than biofuels and bioliquids .


### 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 iv . ### 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 .


### 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 .


### draft legislative resolution ### requests that the savings made be better distributed among the entire range of ranks by the creation of a progressive rate for the solidarity levy , to be linked to the height of staff grades ;


### with a view to providing the citizen with clear and accessible information concerning the rules that apply to the non - commercial movement into the union of pet animals of the species listed in annex i , member states should be required to make that information , notably the relevant provisions of national law , available to the public within one year from the date of adoption of this regulation . ### with a view to providing the citizen and veterinarians with clear and accessible information concerning the rules that apply to the non - commercial movement into the union of pet animals of the species listed in annex i , member states should be required to make that information , notably the relevant provisions of national law , available to the public and veterinarians within one year from the date of adoption of this regulation .


### ‘ owner’ means a natural person who owns and possesses the pet animal ; ### ‘ owner’ means a natural person , or organisation , who owns and possesses the pet animal ;


### member states shall lay down rules on the minimum qualifications required for the persons carrying out the implantation of transponders in pet animals . ### member states shall lay down rules on the minimum qualifications required for the persons carrying out the implantation of transponders in pet animals . 2 . the persons shall , as a minimum , have received suitable training and have been confirmed as able to safely and competently implant transponders in the relevant species , with respect to animal welfare b ) have received suitable training and be competent at the completion of any documentation necessary to register the animal on a central authorised database , which is accessible across member states for at least 10 years


### by [ date to be inserted : one year after entry into force of this regulation ] at the latest , member states shall provide the public with clear and easily accessible information concerning the following : ### by [ date to be inserted : one year after entry into force of this regulation ] at the latest , member states shall provide the public and veterinarians with clear and easily accessible information concerning the following :


### the participating member states shall ensure effective legal protection before a national court against the decisions of the european patent office in carrying out the tasks referred to in paragraph 1 . ### the participating member states shall ensure effective legal protection before a national court against any administrative decisions of the european patent office .


### 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 two 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 two years .


### this directive applies from the time a person is made aware by the competent authorities of a member state , by official notification or otherwise , that he is suspected or accused of having committed a criminal offence until the conclusion of the proceedings , which is understood to mean the final determination of the question whether the suspected or accused person has committed the offence , including , where applicable , sentencing and the resolution of any appeal . ### this directive applies in cases where a person is made aware by the competent authorities of a member state , by official notification or otherwise , that he is suspected or accused of having committed a criminal offence until the conclusion of the proceedings , which is understood to mean the final determination of the question whether the suspected or accused person has committed the offence , including , where applicable , sentencing and the resolution of any appeal .


### 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 :


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


### the lawyer shall have the right to be present at any 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 .


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


### 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 .


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


### member states shall not derogate from any of the provisions of this directive save , in exceptional circumstances , from article 3 , article 4 paragraphs 1 to 3 , article 5 and article 6 . any such derogation : ### member states shall not derogate from any of the provisions of this directive save , in exceptional circumstances , from article 3 , article 4 , and and article 5 . any such derogation :


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


### statistics developed , produced and disseminated under this programme should contribute to the implementation of the policies of the european union , as reflected in the treaty on the functioning of the european union , the europe 2020 strategy for smart , sustainable and inclusive growth and other policies addressed in the commission’s strategic priorities for 2010 - 2014 and should be fostered through actions financed under this programme where the european union can bring a clear added value . ### statistics developed , produced and disseminated under this programme should be available promptly and should contribute to the implementation of the policies of the european union , as reflected in the treaty on the functioning of the european union , the europe 2020 strategy for smart , sustainable and inclusive growth and other policies addressed in the commission ' s strategic priorities for 2010 - 2014 and should be fostered through actions financed under this programme where the european union can bring a clear added value . the necessity for a prompt availability of statistics is specifically crucial in relation to the indicators underpinning the eu2020 objectives , since even until now certain data on these indicators for the year 2010 are still not available .


### the commission shall submit a report on the evaluation of this regulation to the european parliament and the council by [ four years after the entry into force of this regulation ] . the commission shall , if necessary , submit appropriate proposals with a view to amending this regulation , and aligning other union acts , in particular taking account of the possibilities of further administrative simplification for citizens and businesses . ### the commission shall submit a report on the evaluation of this regulation to the european parliament and the council by [ four years after the entry into force of this regulation ] . the report shall also contain information on national transposition in the various member states . the commission shall , if necessary , submit appropriate proposals with a view to amending this regulation , and aligning other union acts , in particular taking account of the possibilities of further administrative simplification for citizens and businesses .


### 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 ;


### multiannual plans shall provide for adaptations of the fishing mortality rate , resulting in a fishing mortality rate that restores and maintains all stocks above levels capable of producing maximum sustainable yield by 2015 . ### multiannual plans shall provide for adaptations of the fishing mortality rate , resulting by 2015&#160 ; in a fishing mortality rate that , with high probability , &#160 ; restores and maintains all stocks above levels capable of producing maximum sustainable yield .


### on the basis of evidence of a serious threat to the conservation of marine biological resources , or to the marine eco - system and requiring immediate action , the commission , upon a reasoned request of a member state or on its own initiative , may decide on temporary measures to alleviate the threat . ### on the basis of evidence of a serious threat to the conservation of marine biological resources , or to the marine eco - system and requiring immediate action , the commission , upon a reasoned request of a member state or on its own initiative , shall decide on temporary measures to remove the threat .


### are compatible with the objectives set out in articles 2 and 3 ; ### are compatible with the objectives set out in articles 2 and 3&#160 ; and the principles of good governance set out in article 4 ;


### meet the objectives and quantifiable targets set out in a multiannual plan effectively ; and ### meet the objectives and quantifiable targets set out in a multiannual plan effectively with a high probability and within the time frame specified ; and


### each member state shall allocate transferable fishing concessions on the basis of transparent criteria , for each stock or group of stocks for which fishing opportunities are allocated in accordance with article 16 , excluding fishing opportunities obtained under sustainable fisheries agreements . ### each member state shall allocate transferable fishing concessions on the basis of equitable and transparent environmental and social criteria , for each stock or group of stocks for which fishing opportunities are allocated in accordance with article 16 , excluding fishing opportunities obtained outside union waters .


### when allocating transferable fishing concessions in accordance with article 28 and when allocating fishing opportunities in accordance with paragraph 1 of this article , a member state may provide incentives to fishing vessels deploying selective fishing gear that eliminates unwanted by - catch within the fishing opportunities assigned to that member state . ### when allocating transferable fishing concessions in accordance with article 28 and when allocating fishing opportunities in accordance with paragraphs 1 and 4 of this article , a member state may provide incentives to fishing vessels deploying selective fishing gears and practices that eliminate unwanted catches and other negative impacts on the marine environment .


### a member state may authorise transfer of transferable fishing concessions to and from other member states . ### a member state may not authorise transfer of transferable fishing concessions to and from other member states .


### 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 .


### each member state fleet shall be subject to fishing capacity ceilings as set out in annex ii . ### each member state fleet shall be subject to fishing capacity ceilings based on the data provided for under article 33a .


### allocation of transferable fishing concessions ### allocation of fishing opportunities


### each member state shall allocate transferable fishing concessions on the basis of transparent criteria , for each stock or group of stocks for which fishing opportunities are allocated in accordance with article 16 , excluding fishing opportunities obtained under sustainable fisheries agreements . ### each member state shall allocate fishing opportunities on the basis of equitable and transparent environmental and social criteria , for each stock or group of stocks for which fishing opportunities are allocated in accordance with article 16 , excluding fishing opportunities obtained outside union waters .


### union fishing vessels shall only catch surplus of the allowable catch determined by the third country as referred to in article 62 of the united nations convention on the law of the sea , and identified on the basis of the best available scientific advice and relevant information exchanged between the union and the third country concerned about the total fishing effort on the affected stocks , in order to ensure that fishery resources remain above levels capable of producing maximum sustainable yield . ### union fishing vessels shall only catch surplus of the allowable catch determined by the third country as referred to in article 62 of the united nations convention on the law of the sea , and identified on the basis of the best available scientific advice and relevant information exchanged between the union and the third country concerned about the total fishing effort on the affected stocks by all fleets , in order to ensure that fishery resources remain above levels capable of producing maximum sustainable yield .


### establish the governance framework , including the development and maintenance of the necessary scientific and research institutions , monitoring , control and surveillance capability and other capacity building items pertaining to the development of a sustainable fisheries policy driven by the third country . such financial assistance shall be conditioned upon the achievement of specific results . ### establish the governance framework , including the development and maintenance of the necessary scientific and research institutions , monitoring , control and surveillance capability , transparency , participation and accountability mechanisms and other capacity building items pertaining to the development of a sustainable fisheries policy driven by the third country . such financial assistance shall be conditioned upon the achievement of specific results .


### to enhance cooperation with international organisations , other governmental authorities , third countries , economic operators and their organisations with a view to fight against tax fraud , tax evasion and tax avoidance in particular by enhancing effective and efficient administrative cooperation and exchange of information , increasing tax compliance and enhancing tax administration . ### to enhance cooperation with international organisations , other governmental authorities , third countries , economic operators and their organisations with a view to fight against tax fraud , tax evasion and tax avoidance in particular by enhancing effective and efficient administrative cooperation and exchange of information , while continuously working towards the generalisation and extension of automatic information exchange , as well as increasing tax compliance and enhancing tax administration


### public administration capacity building and supporting actions ; ### public administration capacity building , in particular with a view to tax fraud , evasion and avoidance and supporting actions ;


### to assess the macro - economic importance of tourism in the european economies based on the internationally accepted framework of tourism satellite accounting , the need to improve the availability , completeness and comprehensiveness of the basic tourism statistics as an input for compiling such accounts and , if deemed necessary by the commission , as preparation for a subsequent legislative proposal for the transmission of harmonised tables for tourism satellite accounts , requires that the legal requirements which are currently laid down in directive 95 / 57 / ec be updated . ### to assess the macro - economic and ecological importance of tourism in the european economies based on the internationally accepted framework of tourism satellite accounting , showing its effects on the economy and jobs as well as on the external costs arising from its impact on the environment , including climate change , the need to improve the availability , completeness and comprehensiveness of the basic statistics as an input for compiling such accounts and , if deemed necessary by the commission , as preparation for a subsequent legislative proposal for the transmission of harmonised tables for tourism satellite accounts , requires that the legal requirements which are currently laid down in directive 95 / 57 / ec be updated .


### means of transport ### means of transport for travelling to and from the tourist destination as well as mobility during the stay there :


### the active substances in the union list should be regularly examined to take account of developments in science and technology . where there are serious indications that an active substance used in biocidal products or treated articles does not meet the requirements of this regulation , the commission should be able to review the approval of the active substance . ### the active substances in the union list should be regularly examined to take account of developments in science and technology . where there are significant indications that an active substance used in biocidal products or treated articles does not meet the requirements of this regulation , the commission should be able to review the approval of the active substance .


### the purpose of this regulation is to improve the functioning of the internal market through the harmonisation of the rules on the making available on the market and the use of biocidal products , whilst ensuring a high level of protection of both human and animal health and the environment . the provisions of this regulation are underpinned by the precautionary principle , the aim of which is to safeguard the health of humans , animals and the environment . ### the purpose of this regulation is to ensure a high level of protection of both human and animal health and the environment and to improve the functioning of the internal market through the harmonisation of the rules on the making available on the market and the use of biocidal products . the provisions of this regulation are underpinned by the precautionary principle , in order to ensure that active substances or products placed on the market do not have harmful effects on humans , non - target species and the environment . special attention shall be paid to protecting children , pregnant women and the sick .


### – a substance classified as dangerous according to directive 67 / 548 / eec , and present in the biocidal product at a concentration leading the product to be regarded as dangerous within the meaning of articles 5 , 6 and 7 of directive 1999 / 45 / ec , or ### – a substance classified as dangerous or meeting the criteria to be classified as dangerous according to directive 67 / 548 / eec , and present in the biocidal product at a concentration leading the product to be regarded as dangerous within the meaning of articles 5 , 6 and 7 of directive 1999 / 45 / ec , or


### – a substance classified as hazardous according to regulation no 1272 / 2008 , and present in the biocidal product at a concentration leading the product to be regarded as hazardous within the meaning of that regulation ; ### – a substance classified as hazardous or meeting the criteria for classification as hazardous according to regulation no 1272 / 2008 , and present in the biocidal product at a concentration leading the product to be regarded as hazardous within the meaning of that regulation ;


### 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 18 and . ### 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 18 and . an active substance referred to in article 5 may only be included in annex i for an initial period of 5 years .


### active substances identified in accordance with articles 57 and 59 of regulation no 1907 / 2006 as having endocrine disrupting properties ; ### active substances which , on the basis of the assessment of union or internationally agreed test guidelines or other peer - reviewed scientific data and information , including a review of the scientific literature , reviewed by the agency , are considered as having endocrine - disrupting properties that may cause adverse effect in humans , or which are identified in accordance with articles 57 and 59 of regulation no 1907 / 2006 as having endocrine disrupting properties .


### the data are not necessary owing to the exposure associated with the proposed uses ; ### the data are not necessary as all relevant exposure associated with the proposed uses can be ruled out ;


### where the evaluating competent authority considers that there are concerns with regard to the cumulative effects from the use of biocidal products containing the same active substance , it shall document its concerns in accordance with the requirements of the relevant parts of section ii . 3 of annex xv to regulation no 1907 / 2006 and include this as part of its conclusions . ### where the evaluating competent authority considers that there are concerns with regard to the cumulative effects from the use of biocidal products containing the same active substance , or different substances with similar or common effects on the same endpoints , whether by the same or different mechanism of action , it shall document its concerns in accordance with the requirements of the relevant parts of section ii . 3 of annex xv to regulation no 1907 / 2006 and include this as part of its conclusions .


### there are reasons for concern linked to the nature of the critical effects which , in combination with the use patterns , amount to use that could still cause concern , such as high potential of risk to groundwater , even with very restrictive risk management measures ; ### there are reasons for concern linked to the nature of the critical effects , in particular developmental neurotoxic or immunotoxic effects , which , in combination with the use patterns , amount to use that could still cause concern , such as high potential of risk to groundwater , even with very restrictive risk management measures ;


### unless otherwise specified in the decision to renew the approval of an active substance , the renewal shall be for fifteen years for all product - types to which the approval applies . ### unless more strictly specified in the decision to renew the approval of an active substance , the renewal shall be for ten years for all product - types to which the approval applies .


### the commission may review the approval of an active substance for one or more product - types at any time where there are serious indications that the conditions laid down in article 4 or , where relevant , article 5 are no longer met . the commission may also review the approval of an active substance for one or more product - types at the request of a member state if there are indications that the use of the active substance in biocidal products or treated articles raises serious concerns about the safety of such biocidal products or treated articles . ### the commission may review the approval of an active substance for one or more product - types at any time where there are significant indications that any of the conditions laid down in article 4 or , where relevant , article 5 are no longer met . the commission may also review the approval of an active substance for one or more product - types at the request of a member state if there are indications that the use of the active substance in biocidal products or treated articles raises significant concerns about the safety of such biocidal products or treated articles . the commission may also review inclusion where there are significant indications that the objectives of article 4 , article 4 and article 7 and of directive 2000 / 60 / ec may not be achieved .


### notwithstanding paragraphs 1 and 4 , a biocidal product may be authorised when the conditions laid down in paragraph 1 and are not fully met , or may be authorised for making available on the market for use by the general public when the criteria referred to in paragraph 4 are met , where not authorising the biocidal product would result in disproportionate negative impacts for society when compared to the risks to human or animal health or to the environment arising from the use of the biocidal product under the conditions laid down in the authorisation . ### notwithstanding paragraphs 1 and 4 , a biocidal product may be authorised when the conditions laid down in paragraph 1 and are not fully met , where it is shown by evidence that the biocidal product is necessary to prevent or control a serious danger to public or animal health or to the environment , to food and feed or to the public interest and that there are no effective alternative products or technologies available . the use of any biocidal product authorised pursuant to this paragraph shall be subject to appropriate risk mitigation measures to ensure that exposure of humans and the environment is minimised . a member state authorising a biocidal product authorised 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 any biocidal product authorised pursuant to this paragraph shall be restricted to those member states where the serious danger has to be prevented or , if it occurs , controlled .


### 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 :


### the protection of health and life of humans , animals or plants ; ### the protection of health and life of humans , particularly of vulnerable groups , or of animals or plants ;


### 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 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 .


### the commission may , at the request of a member state , decide to adjust certain conditions of a union authorisation specifically for the territory of that member state or decide that a union authorisation shall not apply in the territory of that member state , provided that such a request can be justified on one or more of the grounds referred to in article 36 . ### a member state shall inform the commission if it decides to adjust certain conditions of a union authorisation specifically for the territory of that member state or decides that a union authorisation shall not apply in the territory of that member state , provided that such a decision can be justified on one or more of the grounds referred to in article 36 .


### by way of derogation from articles 17 and 18 , a competent authority may permit , for a period not exceeding 270 days , the making available on the market or use of a biocidal product which does not fulfil the conditions for authorisation laid down in this regulation , for a limited and controlled use , if such a measure is necessary because of a danger to public health or the environment which cannot be contained by other means . ### by way of derogation from articles 17 and 18 , a competent authority may permit , for a period not exceeding four months , the making available on the market or use of a biocidal product which does not fulfil the conditions for authorisation laid down in this regulation , for a limited and controlled use , if such a measure is necessary because of a danger to public health or the environment which cannot be contained by other means , and if all of the following conditions are met : the active substances concerned are approved for inclusion in annex i or evaluated according to article 4 of this regulation and a full dossier is provided ; if the relevant active substances fall under article 5 or 10 , a mandatory substitution plan is established and implemented by the applicant or competent authority in order to replace the relevant substances with non - hazardous chemical or non - chemical alternatives within two years of the date of approval ; and the application of the product is restricted to professional users who are certified pursuant to the requirements for an integrated pest management and the use is appropriately monitored .


### where the release of the active substances contained in the biocidal products with which a treated article was treated or which it incorporates , is intended or expected under normal or reasonably foreseeable conditions of use , the person responsible for the placing on the market of that treated article shall ensure that the label provides the following information : ### where the release of the active substances contained in the biocidal products with which a treated article was treated or which it incorporates , is intended under normal or reasonably foreseeable conditions of use , or where the active substance contained in the biocidal product with which a treated article was treated , or which it incorporates , is classified or meets the criteria for classification in accordance with regulation no 1272 / 2008 , or meets the criteria of article 5 or , the person responsible for the placing on the market of that treated article shall ensure that the label provides the following information :


### where there are serious indications that an active substance contained in a biocidal product with which a treated article is treated or which it incorporates does not meet the conditions laid down in article 4 , 5 or 24 , the commission shall review the approval of that active substance or its inclusion in annex i in accordance with article 15 or 27 . ### where there are significant indications that an active substance contained in a biocidal product with which a treated article is treated or which it incorporates does not meet the conditions laid down in article 4 , 5 or 24 , the commission shall review the approval of that active substance or its inclusion in annex i in accordance with article 15 or 27 .


### information on any poisonings and , where available , occupational diseases involving biocidal products . ### information on any poisonings , especially regarding vulnerable groups , and the actions taken to lower the risk of future cases , and , where available , occupational diseases involving biocidal products .


### tests submitted for the purpose of authorisation shall be conducted according to the methods described in commission regulation no 440 / 2008 of 30 may 2008 laying down test methods pursuant to regulation no 1907 / 2006 of the european parliament and of the council on the registration , evaluation , authorisation and restriction of chemicals 66 . however , if a method is inappropriate or not described , other methods shall be used which are , whenever possible , internationally recognised and must be justified in the application . ### tests submitted for the purpose of authorisation shall be conducted according to the methods described in commission regulation no 440 / 2008 of 30 may 2008 laying down test methods pursuant to regulation no 1907 / 2006 of the european parliament and of the council on the registration , evaluation , authorisation and restriction of chemicals 66 . methods listed in annex i do not cover nanomaterials , except where specifically mentioned . however , if a method is inappropriate or not described , other methods shall be used which are scientifically satisfactory and the validity of which must be justified in the application .


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


### the evaluating body shall conclude that the biocidal product does not comply with criterion under point of article 18 if the foreseeable concentration of the active substance or a substance of concern or of relevant metabolites , breakdown or reaction products to be expected in surface water or its sediments after use of the biocidal product under the proposed conditions of use : ### the evaluating body shall conclude that the biocidal product does not comply with criterion under point of article 18 if the foreseeable concentration of the active substance or a substance of concern or of relevant metabolites , breakdown or reaction products to be expected in groundwater or surface water or its sediments after use of the biocidal product under the proposed conditions of use :


### 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 and right 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 . rights related to free movement of workers should be available to all persons concerned regardless of their status . 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 .


### the free movement of workers is also a key element to the development of a genuine union labour market , allowing workers to move from high unemployment areas to areas where there are labour shortages , helping more people find posts better suited to their skills and overcoming bottlenecks in the labour market . ### the free movement of workers is also a key element to the development of a genuine union labour market , allowing workers to move to areas offering more employment opportunities , helping more people find posts better suited to their skills and overcoming bottlenecks in the labour market .


### however , the effective exercise of the freedom of movement of workers is still a major challenge and many workers are very often unaware of their rights to free movement . they still suffer from discrimination on the grounds of nationality when moving across european union borders of the member states . there is , therefore , a gap between the legislation and its application in practice that needs to be addressed . ### the effective exercise of the freedom of movement of workers is still a major challenge and many workers , employers and public administration are very often unaware of rights to free movement of eu citizens . citizens still suffer from discrimination on the grounds of nationality when moving across european union borders of the member states . concerned workers also suffer from exacerbated effects of multiple discriminations on grounds of racial or ethnic origin , religion or belief , disability , age or sexual orientation and sex . there is , therefore , a gap between the legislation and its application in practice that needs to be addressed . this gap also remains for some vulnerable groups such as domestic workers , persons with disabilities or illiterate persons . specific measures should therefore be implemented to allow these groups to enjoy their right to work in another member state .


### however , the effective exercise of the freedom of movement of workers is still a major challenge and many workers are very often unaware of their rights to free movement . they still suffer from discrimination on the grounds of nationality when moving across european union borders of the member states . there is , therefore , a gap between the legislation and its application in practice that needs to be addressed . ### the effective exercise of the freedom of movement of workers is still a major challenge and many workers are very often unaware of their rights to free movement . they still suffer from discrimination on the grounds of nationality when moving across european union borders of the member states . workers also suffer from exacerbated effects of multiple discriminations on grounds of racial or ethnic origin , religion or belief , disability , age or sexual orientation and sex . there is , therefore , a gap between the legislation and its application in practice that needs to be addressed , as shown by the statistics for citizens ' problems resolved in the framework of the solvit european system . this gap also remains for some vulnerable groups such as domestic workers , persons with disabilities , or illiterate persons . specific measures should therefore be implemented to allow these groups to enjoy their right to work in another member state .


### in the 2010 eu citizenship report ‘ dismantling the obstacles to eu citizens rights’ of 27 october 2010 , the commission identified the divergent and incorrect application of union law on the right to free movement as one of the main obstacles that union citizens are confronted with in the effective exercise of their rights under union law . accordingly , the commission announced its intention to take action to ‘ facilitate free movement of eu citizens and their third - country national family members by enforcing eu rules strictly , including on non - discrimination , by promoting good practices and increased knowledge or eu rules on the ground and by stepping up the dissemination of information to eu citizens about their free movement rights’ . ### in the 2010 eu citizenship report ‘ dismantling the obstacles to eu citizens rights’ of 27 october 2010 , the commission identified the divergent and incorrect application of union law on the right to free movement as one of the main obstacles that union citizens are confronted with in the effective exercise of their rights under union law . accordingly , the commission announced its intention to take action to ‘ facilitate free movement of eu citizens and their third - country national family members by enforcing eu rules strictly , including on non - discrimination , by promoting good practices and increased knowledge or eu rules on the ground and by stepping up the dissemination of information to eu citizens about their free movement rights’ . additionally the european commission in the 2013 eu citizenship report1addressed the need to remove administrative hurdles and simplifying procedures for eu citizens living , working and travelling in the eu ; the non - discriminatory availability of instruments facilitating citizens ' access to their free movement rights should be an integral element of this . __________________ 1 com0269


### in its employment package of 18 april 2012 , the commission announced its intention to ‘ present a legislative proposal in order to support mobile workers in the exercise of rights derived from the treaty and regulation 492 / 2011 on freedom of movement for workers within the union’ . ### in its employment package of 18 april 2012 , the commission announced its intention to ' present a legislative proposal in order to support mobile workers in the exercise of rights derived from the treaty and regulation 492 / 2011 on freedom of movement for workers within the union ' and urged member states to raise awareness of and access to rights conferred by eu law on the anti - discrimination , gender equality and free movement of workers and to open and facilitate access by eu nationals to their public sector posts in accordance with eu law as interpreted by the court of justice . the commission also urged member states to ensure the full application of directive 2006 / 54 / ec on the implementation of the principle of equal opportunities and equal treatment of men and women in matter of employment and occupation .


### adequate and effective application and enforcement are key elements in protecting the rights of workers , whereas poor enforcement undermines the effectiveness of the union rules applicable in this area . ### adequate and effective application and enforcement as well as awareness of rights are key elements in protecting the rights of workers , whereas poor enforcement undermines the effectiveness of the union rules applicable in this area and endangers the rights and protection of union citizens .


### a more effective and uniform application of rights conferred by union rules on free movement of workers is also necessary for the proper functioning of the internal market . ### a more effective and uniform application of rights conferred by union rules on free movement of workers without fragmentation of the concerned groups is also necessary for the proper functioning of the internal market .


### the application and monitoring of the union rules on free movement should be improved to ensure workers are better informed about their rights , to assist and to protect them in the exercise of those rights , and to combat circumvention of these rules by public authorities and public or private employers . ### the application and monitoring of the union rules on free movement should be improved to ensure workers and employers and their representatives as well as administration are better informed about free movement rights , to assist and to protect workers and their families in the exercise of those rights , and to combat circumvention of these rules by public authorities and public or private employers .


### in order to ensure the correct application of , and to monitor compliance with , the substantive rules concerning workers ' rights to free movement for work purposes , member states should take the appropriate measures to protect them against both discrimination on grounds of nationality and any unjustified obstacle to the exercise of that right . ### in order to ensure the correct application of , and to monitor compliance with , the substantive rules concerning workers ' rights to free movement for work purposes , member states should take the appropriate measures to protect all persons moving in the european union against both discrimination on grounds of nationality and any unjustified obstacle to the exercise of that right .


### to provide more effective levels of protection , associations and legal entities should also be empowered to engage , as the member states determine , on behalf of or in support of any victim in proceedings , without prejudice to national rules of procedure concerning representation and defense before the courts . ### to provide more effective levels of protection , associations and legal entities should also be empowered to engage , as the member states determine , on behalf of or in support of any victim of discrimination in proceedings , without prejudice to national rules of procedure concerning representation and defence before the courts .


### this directive lays down minimum requirements , thus giving the member states the option of introducing or maintaining more favourable provisions . member states also have the possibility to extend the competencies of the organisations entrusted with tasks related to the protection of union migrant workers against discrimination on grounds of nationality so as to cover the right to equal treatment without discrimination on grounds of nationality of all union citizens and their family members exercising their right to free movement , as enshrined in article 21 tfeu and directive 2004 / 38 / ec of the european parliament and of the council of 29 april 2004 on the right of citizens of the union and their family members to move and reside freely within the territory of the member states . the implementation of the present directive should not serve to justify any regression in relation to the situation which already prevails in each member state . ### this directive lays down minimum requirements , thus giving the member states the option of introducing or maintaining more favourable provisions . member states have the possibility and are encouraged to extend the personal scope of this directive to all persons working in another member state in the european union and their families regardless of their status . member states also have the possibility to extend competencies of the organisations entrusted with tasks related to the protection of union migrant workers against discrimination on grounds of nationality so as to cover the right to equal treatment without discrimination on grounds of nationality of all union citizens and their family members exercising their right to free movement , as enshrined in article 21 tfeu and directive 2004 / 38 / ec of the european parliament and of the council of 29 april 2004 on the right of citizens of the union and their family members to move and reside freely within the territory of the member states . the implementation of the present directive shall not serve to justify any regression in relation to the situation which already prevails in each member state .


### this directive lays down provisions facilitating uniform application and enforcement in practice of rights conferred by article 45 of the treaty on the functioning of the european union and by provisions of articles 1 to 10 of regulation no 492 / 2011 of the european parliament and of the council of 5 april 2011 on freedom of movement for workers within the union . ### this directive lays down provisions facilitating uniform application and enforcement in practice of rights for workers and their families moving in the union , including those conferred by article 45 of the treaty on the functioning of the european union and by provisions of articles 1 to 10 of regulation no 492 / 2011 of the european parliament and of the council of 5 april 2011 on freedom of movement for workers within the union .


### access to education for workers ' children . ### access to education including early childhood education and childcare for workers ' children ;


### 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 judicial and / or administrative procedures , including where they deem it appropriate , conciliation procedures , for the enforcement of the obligations relating to free movement including under article 45 and 49 of the treaty and articles 1 to 10 of regulation no 492 / 2011 , are available to all workers and members of their families regardless of their status 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 .


### 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 .


### paragraph 1 shall apply without prejudice to national rules on time limits for enforcement of those rights . these time limits shall be such that they cannot be regarded as capable of rendering virtually impossible or excessively difficult the exercise of rights conferred by union law . ### provisions of article 4 shall apply without prejudice to national rules on time limits for enforcement of those rights . these time limits shall be such that they cannot be regarded as capable of rendering virtually impossible or excessively difficult the exercise of rights conferred by union law .


### member states shall designate a structure , a body or bodies for the promotion , analysis , monitoring and support of equal treatment of all workers or members of their families without discrimination on grounds of nationality and make the necessary arrangements for functioning of such bodies . these bodies may form part of agencies at a national level with similar objectives but covering a wider range of discrimination grounds . in that case , the member state shall 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 shall designate a structure , a body or bodies for the promotion , analysis , monitoring and support of equal treatment of all workers or members of their families without discrimination on grounds of nationality and make the necessary arrangements for functioning of such bodies . member states shall ensure that these bodies have a gender sensitive approach at all stages of the process . member states shall ensure that all workers regardless of their status before , during or after the mobility have non - discriminatory access to these bodies . these bodies may form part of agencies at a national level with similar objectives but covering a wider range of discrimination grounds . in that case , the member state shall ensure allocation of sufficient resources to the new or 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 shall designate a structure , a body or bodies for the promotion , analysis , monitoring and support of equal treatment of all workers or members of their families without discrimination on grounds of nationality and make the necessary arrangements for functioning of such bodies . these bodies may form part of agencies at a national level with similar objectives but covering a wider range of discrimination grounds . in that case , the member state shall 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 shall designate a structure , a body or bodies for the promotion , analysis , monitoring and support of equal treatment of all workers or members of their families without discrimination , particularly on grounds of nationality , and make the necessary arrangements for functioning of such bodies , including guaranteeing their complete independence . member states shall ensure that these bodies have a gender sensitive approach at all stages of the process . these bodies may form part of agencies at a national level with similar objectives as those referred to in article 13 of directive 2000 / 43 / ec or covering a wider range of discrimination grounds . in that case , the member state shall ensure allocation of sufficient 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 .


### dialogue ### interest representation and dialogue


### member states shall encourage dialogue with appropriate non - governmental organisations and the social partners which have , in accordance with their national law and practice , a legitimate interest in contributing to the fight against discrimination on grounds of nationality with a view to promoting the principle of equal treatment . ### member states shall encourage and support dialogue with concerned non - governmental organisations , representative bodies and the social partners which have , in accordance with their national law and practice , a legitimate interest in contributing to the fight against discrimination on grounds of nationality and for the principle of equal treatment .