### sustainable fisheries agreements concluded with third countries should ensure that union fishing activities in third country waters are based on the best available scientific advice , ensuring a sustainable exploitation of the marine biological resources . those agreements , which provide for access rights in exchange for a financial contribution from the union , should contribute to the establishment of a high quality governance framework to ensure in particular efficient monitoring , control and surveillance measures . ### sustainable fisheries agreements concluded with third countries should ensure that union fishing activities in third country waters are based on the best available scientific advice , ensuring a sustainable exploitation of the marine biological resources . those agreements , which provide for access rights in exchange for a financial contribution from the union , should contribute to the establishment of a high - quality governance framework to ensure in particular efficient monitoring , control and surveillance measures , as well as co - development , pursued jointly with third countries , and the economic viability of the european fleet .


### in view of the precarious economic state of the fishing industry and the dependence of certain coastal communities on fishing activities , it is necessary to ensure the relative stability of fishing activities by allocating fishing opportunities among member states , based on a predictable share of stocks for each member state . ### in view of the precarious economic state of the fishing industry and the dependence of certain coastal communities on fishing activities , and the fact that the principle of relative stability has caused a significant discrepancy between the quotas allocated to the member states and the actual needs and uses of their fleets , making it inappropriate for the allocation of fisheries at present , and thus provides no guarantee that fishing rights still belong to the corresponding coastal communities , it is necessary to abolish the principle of relative stability since it has lost its original meaning and should not prevail over the provisions of the treaties , in order to avoid harming member states that are discriminated against by the application of this principle .


### fishing opportunities allocated to member states shall ensure each member state relative stability of fishing activities for each fish stock or fishery . the interests of each member state shall be taken into account when new fishing opportunities are allocated . ### fishing opportunities allocated to member states shall ensure each member state relative stability of fishing activities for each fish stock or fishery . beginning from 1 january 2015 , fishing opportunities allocated to member states shall take into account compliance with the common fisheries policy .


### establishment of measures in accordance with the best available scientific advice ; ### establishment of measures that follow the best available scientific advice , consistent with the precautionary approach ;


### – ‘ precautionary approach to fisheries management’ means an approach according to which the absence of adequate scientific information should not justify postponing or failing to take management measures to conserve target species , associated or dependent species and non - target species and their environment ; ### – ' precautionary approach to fisheries management ' means an approach according to which the existence of scientific uncertainties should not justify postponing or failing to take management measures to conserve target species , associated or dependent species and non - target species and their environment ;


### – ‘ precautionary approach to fisheries management’ means an approach according to which the absence of adequate scientific information should not justify postponing or failing to take management measures to conserve target species , associated or dependent species and non - target species and their environment ; ### – ' precautionary approach to fisheries management ' , as referred to in article 6 of the un fish stocks agreement , means an approach according to which the absence of adequate scientific information should not justify postponing or failing to take management measures to conserve or prevent damage to target species , associated or dependent species and non - target species and their environment ;


### improving the competitiveness of the aquaculture industry and supporting its development and innovation ; ### improving the competitiveness of the aquaculture industry ;


### with a view to promoting sustainability and contributing to food security , growth and employment , non - binding union strategic guidelines on common priorities and targets for the development of aquaculture activities shall be established by the commission by 2013 . such strategic guidelines shall take account of the relative starting positions and different circumstances throughout the union , shall form the basis for multiannual national strategic plans and shall aim at : ### with a view to promoting sustainability and contributing to food security , growth and employment , non - binding union strategic guidelines on common priorities and targets for the development of sustainable aquaculture activities shall be established by the commission by 2013 . such strategic guidelines shall take account of the relative starting positions and different circumstances throughout the union , shall form the basis for multiannual national strategic plans and shall aim at :


### an ecosystem based approach to fisheries management needs to be implemented , environmental impacts of fishing activities should be limited and unwanted catches should be minimised and progressively eliminated . ### an ecosystem and maritime spatial planning based approach to fisheries management needs to be implemented , the impacts of non - sustainable fishing activities should be limited , pollution and the negative impact of urban development and tourism on the marine environment should be reduced and unwanted catches should be minimised and progressively eliminated .


### multiannual plans shall be based on the precautionary approach to fisheries management and shall take into account the limitations of the available data and assessment methods and all quantified sources of uncertainty in a scientifically valid manner . ### multiannual plans shall be based on the precautionary and ecosystem - oriented approach to fisheries management , in line with the integrated maritime policy , and taking into account the current limitations of the available data and assessment methods and all quantified sources of uncertainty in a scientifically valid manner , favouring a method scientifically validated by eu - recognised scientific bodies .


### – ‘ sustainable fisheries agreements’ mean international agreements concluded with another state for the purpose of obtaining access to resources or waters in exchange for financial compensation from the union . ### – ' sustainable fisheries agreements ' mean international agreements concluded with another state for the purpose of obtaining access to resources or waters that aim to restore or maintain fish stocks at levels above those capable of producing maximum sustainable yield in exchange for financial compensation from the union ;


### the common fisheries policy shall implement the ecosystem - based approach to fisheries management to ensure that the impacts of fishing activities on the marine ecosystem are limited . ### the common fisheries policy shall implement the ecosystem - based approach to fisheries management to ensure that the impacts of fishing activities on the marine ecosystem are minimised and do not contribute to the degradation of the marine environment .


### submit recommendations and suggestions on matters relating to fisheries management and aquaculture to the commission or to the member state concerned ; ### submit recommendations and proposals on matters relating to fisheries management and aquaculture , as well as aspects of fisheries conservation and socio - economic issues to the commission or to the member state concerned .


### each member state fleet shall be subject to fishing capacity ceilings as set out in annex ii . ### each member state shall seek to ensure that its fleet capacity is effectively balanced with its fishing opportunities .


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


### consistence with the integrated maritime policy , and with other union policies . ### consistence with the integrated maritime policy , and with other union policies in particular environment and development policies .


### – ‘ ecosystem - based approach to fisheries management’ means an approach ensuring that benefits from living aquatic resources are high while the direct and indirect impacts of fishing operations on marine ecosystems are low and not detrimental to the future functioning , diversity and integrity of those ecosystems ; ### – ' ecosystem - based fisheries management ' means an approach that considers all pressures on marine biological resources , ensuring that benefits from marine ecosystems and marine biological resources are high while the direct and indirect impacts of fishing operations on marine ecosystems are low and not detrimental to the future functioning , diversity and integrity of those ecosystems ;


### – ‘ maximum sustainable yield’ means the maximum catch that may be taken from a fish stock indefinitely ; ### – ' maximum sustainable yield ' means the maximum catch that may be taken from a fish stock continuously and indefinitely without negatively affecting the reproduction of the stock ;


### aquaculture should contribute to the preservation of the food production potential on a sustainable basis throughout the union so as to guarantee long - term food security for european citizens and to contribute to the growing world aquatic food demand . ### provided that the type of aquaculture promoted is sustainable or extensive , aquaculture can contribute to the preservation of the food production potential throughout the union so as to guarantee long - term food security for european citizens and to contribute to the growing world aquatic food demand .


### specific measures to reduce the impact of fishing activities on marine eco - systems and non target species ; ### specific measures to minimise the negative impacts of fishing activities on marine eco - systems ;


### policy - oriented fisheries science should be reinforced by means of nationally - adopted fisheries scientific data collection , research and innovation programs in coordination with other member states as well as by union research and innovation framework tools . ### policy - oriented fisheries science should be reinforced by means of fisheries scientific data collection , research and innovation programmes adopted at state and sub - state level , taking into account the different tiers of legislative power , in coordination with other member states as well as by union research and innovation framework tools , thereby establishing a common research and innovation programme for the union fisheries sector .


### take into account the interests of consumers ; ### take into account the interests of seafarers , be they self - employed or employees , and of consumers ;


### the common fisheries policy shall ensure that fishing and aquaculture activities provide long - term sustainable environmental , economic and social conditions and contribute to the availability of food supplies . ### in order to achieve the objectives of the treaty and to provide long - term sustainable economic and social conditions and contribute to the availability of food supplies , the common fisheries policy shall ensure that fishing and aquaculture activities are environmentally sustainable in the long term .


### composition , functioning and funding of advisory councils advisory councils shall be composed of organizations representing the fisheries operators and other interest groups affected by the common fisheries policy . 2 . each advisory council shall consist of a general assembly and an executive committee and shall adopt the measures necessary for its organization and to ensure transparency and the respect of all opinions expressed . 3 . advisory councils may apply for union financial assistance as bodies pursuing an aim of general european interest . 4 . the commission shall be empowered to adopt delegated acts in accordance with article 55 concerning the composition and the functioning of advisory councils . ### composition , functioning and funding of advisory councils advisory councils shall be composed of organisations representing the fisheries and , where appropriate , aquaculture operators ; other interest groups affected by the common fisheries policy , e . g . environmental organisations and consumer groups . with respect to a ) it shall be ensured that employers , self - employed fishermen and employees as well as different fishing métiers are duly represented . representatives of national and regional administrations having fisheries interests in the area concerned and researchers from the member states ' scientific and fisheries research institutes and from the international scientific institutions that advise the commission shall be allowed to participate as observers . 1a . representatives of the commission and the european parliament may take part as observers in advisory council meetings . representatives of the fisheries sector and other interest groups from third countries , including representatives from regional fisheries organisations , that have a fishing interest in the area or fisheries covered by an advisory council may be invited to participate in that advisory council as observers when issues which affect them are discussed . 2 . each advisory council shall consist of a general assembly and an executive committee and shall adopt the measures necessary for its organization and to ensure transparency and the respect of all opinions expressed . 3 . advisory councils may apply for union financial assistance as bodies pursuing an aim of general european interest . 4 . the commission shall be empowered to adopt delegated acts in accordance with article 55 concerning the composition and the functioning of advisory councils , without prejudice to paragraph 1 and 1a .


### member states shall adopt national fisheries scientific data collection , research and innovation programs . they shall coordinate their fisheries data collection , research and innovation activities with other member states and union research and innovation frameworks . ### member states shall adopt national fisheries scientific data collection , research and innovation programmes . they shall coordinate , in close cooperation with the commission , their fisheries data collection , research and innovation activities with other member states and union research and innovation frameworks


### provide conditions for efficient fishing activities within an economically viable and competitive fishing industry ; ### provide conditions for sustainable and efficient fishing activities from a social , economic and environmental point of view , within an economically viable and competitive fishing industry , taking into account the need to guarantee the sector’s future and ensuring balanced competitive conditions in the context of trade in fisheries and aquaculture products with third countries ;


### 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 . ### by 31 december 2014 member states shall adopt a detailed programme for any necessary adjustment of the fishing capacity of their fleets in terms of vessel number and characteristics in order to achieve an effective balance between such fishing capacity and their fishing opportunities . such adjustment shall be achieved by 31 december 2015 .


### eliminate unwanted catches of commercial stocks and gradually ensure that all catches of such stocks are landed ; ### eliminate unwanted and unauthorised catches of commercial and non - commercial stocks and ensure that all catches of such stocks are landed without creating new markets or expanding existing ones ;


### member states shall adopt national fisheries scientific data collection , research and innovation programs . they shall coordinate their fisheries data collection , research and innovation activities with other member states and union research and innovation frameworks . ### member states shall adopt national fisheries and aquaculture scientific data collection , research and innovation programmes . they shall coordinate their fisheries data collection , research and innovation activities with other member states and union research and innovation frameworks . where appropriate , they shall involve the relevant advisory councils .


### fishing opportunities shall comply with quantifiable targets , time frames and margins established in accordance with article 9 and 11 , and . ### fishing opportunities shall not exceed the quantities recommended by scientific advice as necessary to achieve the quantifiable targets , time frames and margins established in accordance with article 9 and 11 , and .


### consistence with the integrated maritime policy , and with other union policies . ### consistence with the integrated maritime policy and the policy on economic , social and territorial cohesion and with other european union policies .


### member states should manage and make available to end - users of scientific - data the collected data , on the basis of a multi - annual union program . member states should also cooperate with each other to coordinate data collection activities . where relevant , member states should also cooperate with third countries within the same sea basin regarding data collection . ### member states should manage and make available to end - users of scientific data the collected data , on the basis of a multi - annual union programme . regional authorities should be involved more actively in data collection activities . member states should also cooperate with each other to coordinate data collection activities . where relevant , member states should also cooperate with third countries within the same sea basin regarding data collection .


### measures are needed to reduce and eliminate the current high levels of unwanted catches and discards . indeed , unwanted catches and discards constitute a substantial waste and affect negatively the sustainable exploitation of marine biological resources and marine ecosystems as well as the financial viability of fisheries . an obligation to land all catches of managed stocks caught during fishing activities in union waters or by union fishing vessels should be established and gradually implemented . ### measures are needed to reduce and eliminate the current high levels of unwanted catches and discards . indeed , unwanted catches and discards constitute a substantial waste and affect negatively the sustainable exploitation of marine biological resources and marine ecosystems as well as the financial viability of fisheries . an obligation to land all catches of managed stocks caught during fishing activities in union waters or by union fishing vessels should be established and gradually implemented . a priority should be given to developing , promoting and encouraging measures and incentives aimed at avoiding unwanted catches in the first place .


### encouraging economic activity ; ### ensuring that economic activity does not contribute to the degradation of the marine environment ;


### mitigate the impact of fishing gear on the ecosystem and the environment , with particular regard to the protection of biologically sensitive stocks and habitats . ### minimise the impact of fishing gear on the ecosystem and the marine environment , with particular regard to the protection of biologically sensitive stocks and habitats .


### technical measures frameworks technical measures frameworks to ensure the protection of marine biological resources and the reduction of the impact of fishing activities on fish stocks and on marine eco - systems shall be established . technical measures frameworks shall : contribute to maintaining or restoring fish stocks above levels capable of producing maximum sustainable yield through improvements in size - selection and where appropriate species selection ; reduce catches of undersized individuals from fish stocks ; reduce catches of unwanted marine organisms ; mitigate the impact of fishing gear on the ecosystem and the environment , with particular regard to the protection of biologically sensitive stocks and habitats . ### technical measures frameworks technical measures frameworks to ensure the protection of marine biological resources and the reduction of the impact of fishing activities on fish stocks and other species shall be established . technical measures frameworks shall : contribute to maintain or restore fish stocks above levels capable of producing maximum sustainable yield in accordance with article 2 , paragraph 2 , through improvements in selectivity by species and size ; avoid , minimise and , as far as possible , eliminate catches of undersized individuals from fish stocks ; avoid , minimise and as far as possible eliminate unwanted catches of marine organisms and seabirds ; minimise the impact of fishing gear on the ecosystem and the marine environment , with particular regard to the protection of biologically sensitive stocks and habitats .


### there is a need to strengthen the competitiveness of the union fishery and aquaculture sector , and a call for simplification in support of better management of production and marketing activities of the sector ; the common market organisation for fishery and aquaculture products should ensure a level - playing field for all fishing and aquaculture products marketed in the union , should enable consumers to make better informed choices and support responsible consumption , and should improve the economic knowledge and understanding of the union markets along the supply chain . ### there is a need to strengthen the competitiveness of the union fishery and aquaculture sector , and a call for simplification in support of better management of production and marketing activities of the sector , ensuring reciprocity in trade with third countries so as to create a level playing field on the union market , not just as regards the sustainability of fisheries , but also in terms of health checks ; the common market organisation for fishery and aquaculture products should ensure a level playing field for all fishing and aquaculture products marketed in the union , should enable consumers to make better informed choices and support responsible consumption , and should improve the economic knowledge and understanding of the union markets along the supply chain .


### contribute to ensuring a level playing field for all products marketed in the union by promoting sustainable exploitation of fisheries resources . ### establish preferential conditions for european products , given that the cost of imported products barely reflects carbon dioxide emissions , carbon footprint and other costs , and under equal market conditions , would place eu products at a disadvantage . a prior obligation to ensure equal or equivalent production and market access conditions should be established , before establishing equal market conditions contributing to ensuring a level playing field for all products marketed in the union by promoting sustainable exploitation of fisheries resources .


### the objective of sustainable exploitation of marine biological resources is more effectively achieved through a multi - annual approach to fisheries management , establishing as a priority multi - annual plans reflecting the specificities of different fisheries . ### the objective of sustainable exploitation of marine biological resources is more effectively achieved through a multi - annual approach to fisheries management , establishing as a priority multi - annual plans reflecting the biological specificities of different species and the special characteristics of each fishery . in order to develop the management plans , it is essential first of all to compile an atlas of existing fisheries that identifies these and existing fishing areas ; an inventory then needs to be drawn up of existing management systems and the last step is to define the specific management units in order to produce final management plans .


### fishing opportunities allocated to member states shall ensure each member state relative stability of fishing activities for each fish stock or fishery . the interests of each member state shall be taken into account when new fishing opportunities are allocated . ### fishing opportunities allocated to member states shall ensure each member state relative stability of fishing activities for each fish stock or fishery . beginning from 1 january 2015 , fishing opportunities allocated to member states shall take into account compliance with the common fisheries policy .


### in special areas of conservation within the meaning of article 6 of directive 92 / 43 / eec , of article 4 of directive 2009 / 147 / ec and of article 13 of directive 2008 / 56 / ec , fishing activities shall be conducted by member states in such a way so as to alleviate the impact from fishing activities in such special areas of conservation . ### in special areas of conservation within the meaning of article 6 of directive 92 / 43 / eec , of article 4 of directive 2009 / 147 / ec and of article 13 of directive 2008 / 56 / ec , fishing activities shall be conducted by member states in such a way so as to alleviate the impact from fishing activities in such special areas of conservation . the installation of industrial aquaculture projects that affect the conservation and protection of these protected areas shall be restricted in these protected zones .


### – ‘ sustainable fisheries agreements’ mean international agreements concluded with another state for the purpose of obtaining access to resources or waters in exchange for financial compensation from the union . ### – ' sustainable fisheries agreements ' mean international agreements concluded with another state for the purpose of obtaining access to resources or waters that aim to restore or maintain fish stocks at levels above those capable of producing maximum sustainable yield in exchange for financial compensation from the union ;


### in view of the precarious economic state of the fishing industry and the dependence of certain coastal communities on fishing activities , it is necessary to ensure the relative stability of fishing activities by allocating fishing opportunities among member states , based on a predictable share of stocks for each member state . ### in view of the precarious economic state of the fishing industry and the dependence of certain coastal communities on fishing activities , and the fact that the principle of relative stability has caused a significant discrepancy between the quotas allocated to the member states and the actual needs and uses of their fleets , making it inappropriate for the allocation of fisheries at present , and thus provides no guarantee that fishing rights still belong to the corresponding coastal communities , it is necessary to abolish the principle of relative stability since it has lost its original meaning and should not prevail over the provisions of the treaties , in order to avoid harming member states that are discriminated against by the application of this principle .


### – ‘ fishing capacity’ means a vessel ' s tonnage in gt and its power in kw as defined in articles 4 and 5 of council regulation no 2930 / 8635 ; ### – ' fishing capacity ' means the ability of a vessel to catch fish . indicators that can be used to quantify fishing capacity are vessel characteristics , including a vessel ' s tonnage in gt , its power in kw as defined in articles 4 and 5 of council regulation no 2930 / 86 [ 1 ] , the fishing gear and fishing technique it employs and the number of days spent at fishing ; [ 1 ] oj l 274 , 25 . 9 . 1986 , p . 1 .


### serious infringements by operators of the rules of the common fisheries policy shall result in temporary or permanent bans on access to the union financial assistance and / or the application of financial reductions . such measures shall be proportionate to the nature , extent , duration and repetition of serious infringements . ### serious infringements by operators of the rules of the common fisheries policy shall result in temporary or permanent bans on access to the union financial assistance and / or the application of financial reductions . such measures shall be dissuasive , effective and proportionate to the nature , extent , duration and repetition of serious infringements .


### in order to efficiently implement bonus - 169 , during the implementation phase , financial support should be granted to participants in bonus - 169 projects selected at the central level under the responsibility of the bonus eeig following calls for proposals . ### in order to efficiently implement bonus - 169 , during the implementation phase , financial support should be granted to participants in bonus - 169 projects selected at the central level under the responsibility of the bonus eeig following calls for proposals . the grant and payment of such financial support to participants in bonus - 169 should be in accordance with common rules in line with the seventh framework programme .


### a positive evaluation of the strategic phase carried out by the commission with the assistance of independent experts ; this evaluation shall cover the progress made towards the achievement of objectives and deliverables set out in article 2 and annex i ; ### the outcomes of the strategic phase described in article 2 , as well as the progress made towards the achievement of objectives and deliverables set out in annex i , section 2 ;


### the community financial contribution for the implementation phase shall be provided under the following conditions : ### the commission shall before the end of the strategic phase assess the following :


### member states shall require issuers active in the extractive or logging of primary forest industries , as defined in [ … ] to prepare , in accordance with chapter 9 of directive 2011 / . . . / eu of the european parliament and of the council , a report on payments made to governments on an annual basis . the report shall be made public at the latest six months after the end of each financial year and shall remain publicly available for at least five years . payments to governments shall be reported at consolidated level . ### member states shall require all issuers to disclose , as part of the annual financial report and in accordance with article 6a of this directive and chapter 9 of directive 2011 / . . . / eu of the european parliament and of the council , payments made to governments and certain contextual information on an annual basis . payments to governments shall be reported at consolidated level .


### in order to provide for enhanced transparency of payments made to governments , issuers whose securities are admitted to trading on a regulated market and which have activities in the extractive or logging of primary forest industries should disclose in a separate report on an annual basis payments made to governments in the countries in which they operate . the report should include types of payments comparable to those disclosed under the extractive industries transparency initiative and provide civil society with information to hold governments of resource - rich countries to account for their receipts from the exploitation of natural resources . the initiative is also complementary to the eu flegt action plan and the timber regulation which require traders of timber products to exercise due diligence in order to prevent illegal wood from entering into the eu market . the detailed requirements are defined in chapter 9 of directive 2011 / . . . / eu of the european parliament and of the council . ### in order to provide for enhanced transparency of payments made to governments , issuers whose securities are admitted to trading on a regulated market should disclose on an annual basis payments made to governments in the countries in which they operate . this disclosure should be part of the annual report and should include types of payments building on those disclosed under the extractive industries transparency initiative and provide civil society , including investors , with information to hold governments of resource - rich countries to account for their receipts from the exploitation of natural resources . the initiative is also complementary to the eu flegt action plan and the timber regulation which require traders of timber products to exercise due diligence in order to prevent illegal wood from entering into the eu market . for the purposes of transparency and investor protection , the principles regarding the reporting of payments made to governments , such as integrated reporting , materiality , project - by - project reporting , universality , comprehensiveness and comparability , are laid down in this directive . the detailed requirements are defined in chapter 9 of directive 2011 / . . . / eu of the european parliament and of the council .


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


### measures or a combination of measures taken in accordance with this regulation for a given airport shall not be more restrictive than necessary to achieve the environmental noise abatement objectives set for that airport . operating restrictions shall be non - discriminatory , in particular on grounds of nationality , identity or activity of aircraft operators . ### measures or a combination of measures taken in accordance with this regulation for a given airport shall not be more restrictive than necessary to meet the terms of the who night noise guidelines for europe and to achieve the environmental noise abatement objectives set for that airport . operating restrictions shall be non - discriminatory , in particular on grounds of nationality , identity or activity of aircraft operators .


### while noise assessments should take place on a regular basis , such assessments should only lead to additional noise abatement measures if the current combination of noise mitigating measures does not achieve the noise abatement objectives . ### while noise assessments should take place on a regular basis , such assessments should only lead to additional noise abatement measures if the current combination of noise mitigating measures , or the measures established by directive 2002 / 49 / ec of the european parliament and of the council of 25 june 2002 relating to the assessment and management of environmental noise1 , do not achieve the noise abatement objectives . __________________ 1 oj l 189 , 18 . 7 . 2002 , p . 12


### in addition to the regional ceilings , the optional mandate of eur 2 000 000 000 should be activated and allocated as an envelope to support eib financing operations in the field of climate change mitigation and adaptation across the regions covered by the mandate . the eib could contribute with its expertise and resources , in close cooperation with the commission , to support public authorities as well as the private sector to address the challenge of climate change and to make the best possible use of available financing . for mitigation and adaptation projects , the resources of the eib should be complemented where possible with concessional funds available under the eu budget , through the efficient and consistent blending of grants and loans for climate change financing in the context of eu external assistance . ### in addition to the regional ceilings , the optional mandate of eur 2 000 000 000 should be activated and allocated as an envelope to support eib financing operations in the field of climate change mitigation and adaptation in countries and across countries covered by the mandate in implementing their climate commitment part of the unfccc process . the eib could contribute with its expertise and resources , in close cooperation with the commission , to support public authorities as well as the private sector to address the challenge of climate change and to make the best possible use of available financing . for mitigation and adaptation projects , the resources of the eib should be complemented where possible with concessional funds available under the eu budget , through the efficient and consistent blending of grants and loans for climate change financing in the context of eu external assistance . the optional mandate will not be counted as a contribution of the eu or its member states to the fast - start funds agreed to at the unfccc cop in copenhagen in december 2009 .


### a shareholder or member of a credit rating agency holding , directly or indirectly , 10% or more of either the capital or the voting rights of that credit rating agency or being otherwise in a position to exercise significant influence on the business activities of the credit rating agency , is a member of the administrative or supervisory board of the rated entity or a related third party ; ### a shareholder or member of a credit rating agency holding , directly or indirectly , either capital or voting rights of that credit rating agency or being otherwise in a position to exercise significant influence on the business activities of the credit rating agency , is a member of the administrative or supervisory board of the rated entity or a related third party ;


### where a credit rating agency has entered into a contract with an issuer or its related third party for the issuing of credit ratings on the debt instruments of that issuer , the following shall apply : when those credit ratings are issued within a period exceeding an initial period of twelve months but shorter than three years , the credit rating agency shall not issue any further credit ratings on those debt instruments from the moment that ten debt instruments have been rated ; when at least ten credit ratings are issued within an initial period of twelve months , that credit rating agency shall not issue any further credit ratings on those debt instruments after the end of that period ; when less than ten credit ratings are issued , the credit rating agency shall not issue any further credit ratings on those debt instruments from the moment a period of 3 years have elapsed . ### where a credit rating agency has entered into a contract with an issuer or its related third party for the issuing of credit ratings on the debt instruments of that issuer , and when that credit rating agency has issued credit ratings in relation to 10 debt instruments within an initial period of three years , it shall not issue any further credit ratings on those debt instruments until 20 debt instruments of the same issuer have been rated by other credit rating agencies .


### ‘ a shareholder or member of a credit rating agency holding , directly or indirectly , 10% or more of either the capital or the voting rights of that credit rating agency or being otherwise in a position to exercise significant influence on the business activities of the credit rating agency , directly or indirectly owns financial instruments of the rated entity or a related third party or has any other direct or indirect ownership interest in that entity or party , other than holdings in diversified collective investment schemes , including managed funds such as pension funds or life insurance , which do not put him in a position to exercise significant influence on the business activities of the scheme ; ’ ; ### ‘ a shareholder or member of a credit rating agency holding , directly or indirectly , either capital or voting rights in that credit rating agency or being otherwise in a position to exercise influence on the business activities of the credit rating agency , directly or indirectly owns financial instruments of the rated entity or a related third party or has any other direct or indirect ownership interest in that entity or party , other than holdings in diversified collective investment schemes , including managed funds such as pension funds or life insurance , which do not put him in a position to exercise significant influence on the business activities of the scheme ; ’ ;


### esma shall establish a european rating index which will include all credit ratings submitted to esma pursuant to paragraph 1 and an aggregated rating index for any rated debt instrument . the index and individual credit ratings shall be published on esma ' s website . ### esma shall establish a european rating index which will include all credit ratings submitted to esma pursuant to paragraph 1 , an aggregated rating index for any rated debt instrument and the average default probability in accordance with annex i , section d , paragraph 2 . the index and individual credit ratings , with the exception of credit ratings of the investor - pays nature , shall be published on esma ' s website


### credit institutions , investment firms , insurance and reinsurance undertakings , institutions for occupational retirement provisions , management and investment companies , alternative investment fund managers and central counterparties as defined in regulation no xx / 201x of the european parliament and of the council of xx xxx 201x on otc derivatives , central counterparties and trade repositories shall make their own credit risk assessment and shall not solely or mechanistically rely on credit ratings for assessing the creditworthiness of an entity or financial instrument . competent authorities in charge of supervising these undertakings shall closely check the adequacy of undertakings credit assessment processes . ### credit institutions , investment firms , insurance and reinsurance undertakings , institutions for occupational retirement provisions , management and investment companies , alternative investment fund managers and central counterparties as defined in regulation no xx / 201x of the european parliament and of the council of xx xxx 201x on otc derivatives , central counterparties and trade repositories shall make their own credit risk assessment and shall neither solely nor mechanistically rely on credit ratings for assessing the creditworthiness of an entity or financial instrument . an external credit rating shall only be used if the undertakings referred to in the first paragraph have a balance sheet of less than 2 , 5 billion euro and demonstrated that they are unable to assess the credit risk by other means or where they can demonstrate to the satisfaction of the competent authority that the burden of an internal assessment is not justified by the materiality of the current and expected future exposure resulting from the assets concerned . competent authorities in charge of supervising these undertakings shall closely monitor the adequacy of undertakings credit assessment processes and ensure that they agree neither to contractual rules that result in the automatic sale of assets in the event of a downgrade of the creditworthiness by an external credit rating agency , nor to a rule requiring the use of a specific credit rating agency .


### ‘ the credit rating is issued with respect to a rated entity or a related third party which directly or indirectly holds 10% or more of either the capital or the voting rights of that credit rating agency ; ### ‘ the credit rating is issued with respect to a rated entity or a related third party which directly or indirectly holds capital or voting rights of that credit rating agency ;


### a shareholder or a member of a credit rating agency holding at least 5% of the capital or the voting rights in that agency shall not ### a shareholder or a member of a credit rating agency holding any capital or voting rights in that agency shall not :


### where a credit rating agency has entered into a contract with an issuer or its related third party for the issuing of credit ratings on that issuer , it shall not issue credit ratings on that issuer for a period exceeding three years . ### where a credit rating agency has entered into an exclusive contract with an issuer or its related third party for the issuing of credit ratings on that issuer , it shall not issue credit ratings on that issuer for a period exceeding five years .


### the general purpose of the european year shall be to enhance awareness of the rights attached to union citizenship , in order to help citizens make full use of their right to move and reside freely within the territory of the member states . in this context , the european year shall focus , among others , on the opportunities for civic participation and access to rights by union citizens residing in another member state than their own , by students , workers , consumers , and providers of goods and services across the union . on this basis , the specific objectives of the european year shall be : – to raise union citizens ' awareness of their right to move and reside freely within the european union and more generally the rights guaranteed to union citizens in cross - border situations , including their right to participate in the democratic life of the union ; – to raise union citizens ' awareness of how they can tangibly benefit from union rights and policies while living in another member state , and to stimulate their active participation in civic fora on union policies and issues ; – to stimulate a debate about the impact and potential of the right to free movement , as an inalienable aspect of union citizenship , in particular in terms of strengthening societal cohesion and mutual understanding between union citizens and the bond between citizens and the union . ### the general purpose of the european year shall be to enhance awareness and promote citizens ' participation with regard to the rights attached to union citizenship , in order to help citizens make full use of their rights , inter alia to move and reside freely within the territory of the member states . in this context , the european year shall focus , among others , on the opportunities for civic participation and access to political , social and economic rights by union citizens , also when residing in another member state than their own , by students , workers , consumers , and providers of goods and services across the union . on this basis , the specific objectives of the european year shall be : – to raise union citizens ' awareness of , and ability to exercise , their rights , including the right to move and reside freely within the european union and more generally the rights guaranteed to union citizens in particular the new rights resulting from the lisbon treaty , including their right to participate in the democratic life of the union inter alia through the citizens ' initiative ; – to strengthen and stimulate active and participatory citizenship at all levels and at every stage of the decision making process ; – to develop a structured framework for european civil dialogue and organise civic fora on union policies and issues ; – to stimulate a long - term debate about the meaning , impact and potential of all aspects of union citizenship , in particular in terms of strengthening societal cohesion and mutual understanding between union citizens and the bond between citizens and the union ; – to develop a holistic concept of european citizenship , such as through a declaration on european citizenship .


### the measures to be taken to achieve the objectives set out in article 2 may include the following initiatives organised at union , national , regional or local level linked to the objectives of the european year : – information , education and awareness raising campaigns targeted at the general public and more specific audiences ; – exchange of information , sharing of experience and good practices of national , regional , local administrations and other organisations ; – conferences and events to promote debate and raise awareness of the importance and benefits of the right to free movement and residence and more generally citizens ' rights as union citizens ; – use of the existing multilingual participatory tools to stimulate citizens ' contributions in giving tangible effect to their rights and more generally in achieving the objectives of the european year ; – strengthening of the role and visibility of the multilingual europe direct and your europe web portal as key elements of a ' one - stop - shop ' information system on union citizens ' rights ; – strengthening of the role and visibility of problem solving tools , such as solvit , to allow union citizens to better make use of and defend their rights . ### the measures to be taken to achieve the objectives set out in article 2 may include the following initiatives organised at union , national , regional or local level linked to the objectives of the european year : – information , education and awareness raising campaigns targeted at the general public and more specific audiences , that also give citizens the opportunity to express their views ; – exchange of information , sharing of experience and good practices of national , regional , local administrations and other organisations ; – conferences and events involving all relevant stakeholders , including union institutions , civil society organisations , the social partners , national , regional and local administrative bodies , schools and universities to promote debate and raise awareness of the importance and benefits of the right to free movement and residence and more generally citizens ' rights as union citizens ; – use of the existing , and development of new , multilingual participatory tools to stimulate active and participatory citizenship and citizens ' contributions in giving tangible effect to their rights and more generally in achieving the objectives of the european year ; – strengthening of the role and visibility of the multilingual europe direct network and your europe web portal as key elements of a ' one - stop - shop ' information system on union citizens ' rights , in particular with an increasing use of digital communication tools and social networks ; – strengthening of the role and visibility of problem solving tools , such as solvit , to allow union citizens to better make use of and defend their rights , – other initiatives such as essay competitions , summer schools , development of action plans and guides , or an on - line agora , – the establishment of a permanent office for a special representative for citizens ' participation in the european union , inter alia to monitor and report on the views of member states and the citizens on citizens ' involvement and participation and to make proposals for further improvements .


### the entry into force of the lisbon treaty strengthened the status of union citizenship and complemented the rights attached to it , including by introducing a new right , the citizens ' initiative , which enables one million citizens , from a significant number of member states , to ask the commission to present a proposal in any of the eu ' s areas of responsibility . ### the entry into force of the lisbon treaty strengthened the status of union citizenship and complemented the rights attached to it , in particular by introducing new rights , including the citizens ' initiative , which enables one million citizens , from a significant number of member states , to ask the commission to present a proposal in any of the eu ' s areas of responsibility . pursuant to regulation no°211 / 2011 of the european parliament and of the council of 16 february 2011 on the citizens ' initiative1 , the citizens ' initiative will apply from 1 april 2012 . ________________ 1 oj l 65 , 11 . 3 . 2011 , p . 1 .


### – use of the existing multilingual participatory tools to stimulate citizens ' contributions in giving tangible effect to their rights and more generally in achieving the objectives of the european year ; ### – use of the existing multilingual participatory tools and development of new participatory tools , including web - based tools to provide an area where citizens can express themselves , discuss and put on the agenda european issues in order to promote deliberative and participatory citizenship and to encourage citizens ' contributions in giving tangible effect to their rights and more generally in achieving the objectives of the european year ;


### the right to move and reside freely within the territory of the member states is highly valued by union citizens as a core individual right deriving from union citizenship . as such , it demonstrates and promotes a better understanding of the value of european integration , as well as citizens ' participation in shaping the european union . when extending aspects of their lives beyond national borders by travelling to other member states or settling there , citizens become aware and take advantage of the broad array of rights granted to them under union law in cross - border situations . exercising the right to free movement and residence therefore contributes to making union citizenship a tangible reality in the daily life of citizens . ### the right to move , reside , work and study freely within the territory of the member states is highly valued by union citizens as a core individual right and a fundamental freedom deriving from union citizenship . as such , it demonstrates and promotes a better understanding of the value of european integration and inclusion , as well as citizens ' participation in shaping the european union . when extending aspects of their lives beyond national borders by travelling to other member states , working , studying or settling there , citizens become aware and take advantage of the broad array of rights granted to them under union law in cross - border situations . exercising the right to free movement and residence therefore contributes to making union citizenship a tangible reality in the daily life of citizens


### despite the fact that the right to free movement and residence is firmly anchored in primary union law and substantially developed in secondary law , a gap still remains between the applicable legal rules and the reality confronting citizens when they seek to exercise this right in practice . aside from an uncertainty over the advantages of being mobile , union citizens perceive too many practical obstacles with regard to living and working elsewhere in the union . ### despite the fact that the right to free movement and residence is firmly anchored in primary union law and substantially developed in secondary law , a gap still remains between the applicable legal rules and the reality confronting citizens when they seek to exercise this right in practice . aside from an uncertainty over the advantages of being mobile , union citizens perceive too many practical obstacles with regard to living and working elsewhere in the union and often face difficulties relating to their nationality , social and marital status , such as the rights of international couples , portability of pensions and social security rights or access to public services . improving the effective exercise of rights by citizens and removing the practical obstacles should be the key objectives of this european year of citizens .


### in particular , union citizens considering whether to make use of their right to free movement should be informed about their rights to acquire or preserve social security rights by virtue of the union rules on coordination of social security systems ; these rules ensure that they will not lose out on their social security rights when choosing to move within europe . they should further be informed about their right to obtain recognition of their professional qualifications and about the social and civic competences which form part of the european framework of ‘ key competences for lifelong learning’ and which can equip them to fully participate in civic life and empower them to exercise their rights under union law . ### in particular , union citizens considering whether to make use of their right to free movement should be informed about their rights to acquire or preserve social security rights by virtue of the union rules on coordination of social security systems ; these rules ensure that they will not lose out on their social security rights when choosing to move within europe , and they are also important for workers posted within the union . they should further be informed about their right to obtain recognition of their professional qualifications and about the social and civic competences which form part of the european framework of ‘ key competences for lifelong learning’ and which can equip them to fully participate in civic life and empower them to exercise their rights under union law . specific actions could be implemented to raise awareness of their rights to volunteer , to study abroad , to do an internship in an other member state or to take part in union education exchange programmes , such as erasmus , leonardo or erasmus for young entrepreneurs .


### – strengthening of the role and visibility of the multilingual europe direct and your europe web portal as key elements of a ‘ one - stop - shop’ information system on union citizens ' rights ; ### – strengthening of the role and visibility of the multilingual europe direct and your europe web portal as key elements of a ' one - stop - shop ' information system on union citizens ' rights , especially with an increasing use of digital communication tools and social networks .


### the commission shall adopt multi - annual support strategies by analogy to article 19 , and in accordance with article 21 . it shall ensure that such strategies complement the geographic strategy papers of the countries concerned , and the temporary nature of these banana accompanying measures . the support strategies may be reviewed ad hoc , if necessary , but shall not be submitted to a mid - term review . ### the commission shall adopt multi - annual support strategies by analogy to article 19 , and in accordance with article 21 . it shall ensure that such strategies complement the geographic strategy papers of the countries concerned , and the temporary nature of these banana accompanying measures . the multi - annual strategies for the banana accompanying measures must include : an environmental profile of the country &#8211 ; including pesticide use &#8211 ; with regard to the banana sector ; b ) a set of specifications stating when the banana accompanying measures were first implemented and the terms of reference for their review ; c ) the indicators to be used – such as compliance with international labour organisation safety standards , and the impact of pesticides on workers’ health – to assess progress in relation to disbursement conditions , where budget support is chosen as the form of financing ; d ) the expected results in terms of reforms targeting the banana sector ; e ) a detailed timetable for the reforms , accompanied by estimates of expenditure , for each beneficiary country ; f ) a list of ilo standards that must be met in order to protect workers’ health . the support strategies shall be subject to an independent ex ante evaluation , and may be reviewed ad hoc if necessary .


### with regard to representatives of the private sector , the office should involve , when assembling the observatory in the context of its activities , a representative selection of the economic sectors most concerned by and most experienced in the fight against infringements of intellectual property rights , in particular representatives of right holders and internet service providers . also , a proper representation of consumers and of small and medium sized enterprises should be ensured . ### with regard to representatives of the private sector , the office should involve , when assembling the observatory in the context of its activities , a representative selection of the sectors most concerned by and most experienced in the fight against infringements of intellectual property rights , in particular representatives of right holders and internet intermediaries . in this connection , particular attention should be paid to sectors which , by their very nature , generate value which is to a large extent intangible , such as the creative and cultural sector . also , a proper representation of consumers , small and medium - sized enterprises , creators and users of cultural services and platforms , including stakeholders of the non - profit sector , should be ensured .


### with regard to representatives of the private sector , the office should involve , when assembling the observatory in the context of its activities , a representative selection of the economic sectors most concerned by and most experienced in the fight against infringements of intellectual property rights , in particular representatives of right holders and internet service providers . also , a proper representation of consumers and of small and medium sized enterprises should be ensured . ### with regard to representatives of the private sector , the office shall involve , when assembling the observatory in the context of its activities , a representative selection of the economic sectors most concerned by and most experienced in the field of intellectual property rights , such as representatives of right holders and internet service providers . a proper representation of consumers , civil society groups , and of small and medium - sized enterprises shall be ensured .


### improving the understanding on the value of intellectual property ; ### improving the understanding on the value and complexity of intellectual property and knowledge about the impact of infringements of intellectual property rights on creativity and innovation within the union ;


### consumer organisations and small and medium sized enterprises shall be properly represented . ### consumer organisations , small and medium - sized enterprises , internet intermediaries and creators and users of cultural services and platforms , including stakeholders of the non - profit sector , shall be properly represented .


### building strategies in cooperation with the central industrial property offices of the member states , including the benelux office for intellectual property , and developing techniques , skills and tools related to the protection of intellectual property rights , including training programmes and awareness campaigns ; ### developing strategies , in cooperation with the central industrial property offices of the member states , including the benelux office for intellectual property , related to the protection of intellectual property rights , including training programmes and awareness campaigns ;


### a member state whose currency is the euro should be subject to enhanced surveillance when it is experiencing - or at risk of experiencing - severe financial disturbance , with a view to ensuring its swift return to a normal situation and to protecting the other euro area member states against possible negative spill over effects . this enhanced surveillance should include a wider access to the information needed for a close monitoring of the economic , fiscal and financial situation and a regular reporting to the economic and financial committee or to any sub - committee the latter may designate for that purpose . the same modalities of surveillance should apply to member states requesting precautionary assistance from the european financial stability facility , the european stability mechanism the international monetary fund or another international financial institution . ### a member state whose currency is the euro should be subject to enhanced surveillance when it is experiencing - or at risk of experiencing - severe financial disturbance , with a view to ensuring its swift return to a normal situation and to protecting the other euro area member states against possible negative spill over effects . this enhanced surveillance should include a wider access to the information needed for a close monitoring of the social , employment , fiscal and financial situation and the establishment of a regular report to the european parliament , the economic and financial committee , the employment committee and the social protection committee or to any sub - committee the said committees may designate for that purpose . the same modalities of surveillance should apply to member states requesting precautionary assistance from the european financial stability facility , the european stability mechanism the international monetary fund or another international financial institution .


### a member state whose currency is the euro should be subject to enhanced surveillance when it is experiencing - or at risk of experiencing - severe financial disturbance , with a view to ensuring its swift return to a normal situation and to protecting the other euro area member states against possible negative spill over effects . this enhanced surveillance should include a wider access to the information needed for a close monitoring of the economic , fiscal and financial situation and a regular reporting to the economic and financial committee or to any sub - committee the latter may designate for that purpose . the same modalities of surveillance should apply to member states requesting precautionary assistance from the european financial stability facility , the european stability mechanism the international monetary fund or another international financial institution . ### a member state whose currency is the euro should be subject to enhanced surveillance when it is experiencing - or at risk of experiencing - severe financial disturbance , with a view to ensuring its swift return to a normal situation and to protecting the other euro area member states against possible negative spill over effects . this enhanced surveillance should include a wider access to the information needed for a close monitoring of the economic , social , employment , fiscal and financial situation and the establishment of a regular report to the economic and financial committee , the employment committee and the social protection committee or to any sub - committee the said committees may designate for that purpose . the same modalities of surveillance should apply to member states requesting precautionary assistance from the european financial stability facility , the european stability mechanism the international monetary fund or another international financial institution .


### the surveillance of the economic and fiscal situation should be strongly reinforced for member states under macro - economic adjustment programme . because of the comprehensive nature of the latter , the other processes of economic and fiscal surveillance should be suspended for the duration of the macro - economic adjustment programme , with a view to avoiding a duplication of reporting obligations . ### the surveillance of the economic , fiscal , employment and social situation should be strongly reinforced for member states under macro - economic adjustment programme . the latter shall contain measures that have the integrated aim to restore financial stability and achieve the objectives of the ' jobs and growth strategy ' . member states shall report progress on both aspects . because of the comprehensive nature of the macro - economic adjustment programme , the other processes of economic and fiscal surveillance should be suspended for the duration of the macro - economic adjustment programme , with a view to avoiding a duplication of reporting obligations .


### the commission shall conduct , in liaison with the ecb , regular review missions in the member state under surveillance to verify the progresses made in the implementation of the measures mentioned in paragraph 1 , 2 and 3 . it shall communicate every quarter its findings to the economic and financial committee - or to any subcommittee the latter may designate for that purpose - and assess notably whether further measures are needed . these review missions shall replace the onsite monitoring foreseen in article 10a of regulation no 1467 / 97 . ### the commission shall conduct , in liaison with the ecb , regular review missions in the member state under surveillance to verify the progresses made in the implementation of the measures mentioned in paragraph 1 , 2 and 3 . it shall communicate every quarter its findings to the economic and financial committee , the employment committee and the social protection committee - or to any subcommittee the said committees may designate for that purpose - and assess notably whether further measures are needed . these review missions shall replace the onsite monitoring foreseen in article 10a of regulation no 1467 / 97 .


### where it is concluded - on the basis of the assessment foreseen in paragraph 4 - that further measures are needed and the financial situation of the member state concerned has significant adverse effects on the financial stability of the euro area , the council , acting by qualified majority on a proposal from the commission , may recommend to the member state concerned to seek financial assistance and to prepare a macro - economic adjustment programme . the council may decide to make this recommendation public . ### where it is concluded - on the basis of the assessment foreseen in paragraph 4 - that further measures are needed and the financial , economic and social situation of the member state concerned has significant adverse effects on the financial , economic and social stability of the euro area , the council , acting by qualified majority on a proposal from the commission , may recommend to the member state concerned to seek financial assistance and to prepare a macro - economic adjustment programme . the council may decide to make this recommendation public .


### directive 2003 / 98 / ec does not contain an obligation to allow re - use of documents . the decision whether or not to authorise re - use remains with the member sates or the public sector body concerned . at the same time , the directive builds on national rules on access to documents . some member states have expressly linked the right of re - use to this right of access , so that all generally accessible documents are re - usable . in other member states , the link between the two sets of rules is less clear and this is a source of legal uncertainty . ### directive 2003 / 98 / ec does not contain an obligation to allow re - use of documents . this state of affairs should be reviewed . as the directive currently stands , the decision whether or not to authorise re - use remains with the member states or the public sector body concerned . at the same time , the directive builds on national rules on access to documents . some member states have expressly linked the right of re - use to this right of access , so that all generally accessible documents are re - usable . in other member states , the link between the two sets of rules is less clear and this is a source of legal uncertainty . the directive should promote harmonisation of practices so that access to documents and authorisation to re - use them become the rule and are reflected in the establishment of open data projects .


### in the absence of appropriate documentation required in point 1 and 3 and packaging , member state authorities shall presume that an item is hazardous weee and presume that the load comprises an illegal shipment . in these circumstances the relevant competent authorities will be informed and the load will be dealt with in accordance with articles 24 and 25 of the waste shipment regulation . in the majority of cases those responsible for the shipment will have to take back the waste to the country of dispatch at their own expense and may be liable to a criminal sanction . in those member states where the burden is on the state authorities to prove the items are weee rather than electrical and electronic equipment , absence of the appropriate documentation and packaging is likely to lead to significant delays to the onward transport of the waste whilst the necessary investigations are carried out to establish the status of the items being shipped . ### in the absence of appropriate documentation required in point 1 and 3 and packaging , which it is the responsibility of the holder of an appliance intended for shipment to provide , member state authorities shall presume that an item is hazardous weee and presume that the load comprises an illegal shipment . in these circumstances the relevant competent authorities will be informed and the load will be dealt with in accordance with articles 24 and 25 of the waste shipment regulation .


### minimum monitoring requirements for shipments of weee ### minimum requirements for shipments of used eee suspected of being weee


### these targets are calculated as weight percentage of separately collected weee that is sent to recovery facilities . ### these targets are calculated as weight percentage of separately collected weee that is effectively reused , recycled or recovered .


### in addition to the document requested in point 1 , every load of used electrical and electronic equipment should be accompanied by a : ### in addition to the documents requested in point 1 , every load of used electrical and electronic equipment shall be accompanied by a :


### member states shall ensure that , for the purpose of calculating these targets , producers or third parties acting on their behalf keep records on the mass of weee , their components , materials or substances when entering and leaving the treatment facility and / or when entering the recovery or recycling facility . ### member states shall ensure that , for the purpose of calculating these targets , producers or third parties acting on their behalf keep records on the mass of weee , their components , materials or substances when entering and leaving the treatment facility and when entering and leaving the recovery or recycling facility .


### by 31 december 2012 at the latest the european parliament and the council shall re - examine the collection rate and target date referred to in paragraph 1 also in view of setting a possible separate collection target for cooling and freezing equipment , on the basis of a report of the commission accompanied by a proposal , if appropriate . ### by 31 december 2012 at the latest the european parliament and the council shall re - examine the collection rate and target date referred to in paragraph 1 also in view of setting a possible separate collection target for cooling and freezing equipment , mercury - containing lamps and small appliances on the basis of a report of the commission accompanied by a proposal , if appropriate .


### a common methodology shall be established for the calculation of the total weight of electrical and electronic equipment placed on the national market . ### by 2014 a common methodology shall be established to determine the volume of weee generated in each member state .


### in the absence of appropriate documentation required in point 1 and 3 and packaging , member state authorities shall presume that an item is hazardous weee and presume that the load comprises an illegal shipment . in these circumstances the relevant competent authorities will be informed and the load will be dealt with in accordance with articles 24 and 25 of the waste shipment regulation . in the majority of cases those responsible for the shipment will have to take back the waste to the country of dispatch at their own expense and may be liable to a criminal sanction . in those member states where the burden is on the state authorities to prove the items are weee rather than electrical and electronic equipment , absence of the appropriate documentation and packaging is likely to lead to significant delays to the onward transport of the waste whilst the necessary investigations are carried out to establish the status of the items being shipped . ### in the absence of the appropriate documentation required in points 1 , 2 and 3 , or of appropriate packaging or of appropriate stacking of the load , which it is the responsibility of the holder of an appliance intended for shipment to provide , member state authorities shall presume that an item is hazardous weee and presume that the load comprises an illegal shipment . in these circumstances the relevant competent authorities will be informed and the load will be dealt with in accordance with articles 24 and 25 of the waste shipment regulation .


### minimum monitoring requirements for shipments of weee ### minimum requirements for shipments of used eee


### member states shall bring into force the laws , regulations and administrative provisions necessary to comply with this directive by 48 months following the entry into force at the latest . they shall forthwith communicate to the commission the text of those provisions . ### member states shall bring into force the laws , regulations and administrative provisions necessary to comply with this directive by 18 months from the date of publication of the references of the european standard in the official journal of the european union at the latest . member states shall forthwith communicate the text of these provisions to the commission . member states shall apply these laws , regulations and administrative provisions to central government authorities and central procurement entities from the first day of the 19th month following publication of the references of the european standard in the official journal of the european union . member states shall apply these laws , regulations and administrative provisions to sub - central public contracting authorities and contracting entities from the first day of the 37th month following publication of the references of the european standard in the official journal of the european union .


### in order to simplify the reporting of suspected adverse reactions the marketing authorisation holders and the member states should report those reactions only to the community pharmacovigilance database and data - processing network referred to in article 57 of regulation no 726 / 2004 . ### in order to simplify the reporting of suspected adverse reactions the marketing authorisation holders should report those reactions only to the competent authorities of the member states where it occurred and the member states should report those reactions directly to the community pharmacovigilance database and data - processing network referred to in article 57 of regulation no 726 / 2004 . any change in the national database should be immediately and automatically reflected in the eudravigilance database .


### risk management systems for medicinal products authorised in accordance with this directive ; ### detailed descriptions of risk management systems , and detailed protocols for post - authorisation studies for medicinal products authorised in accordance with this directive ;


### where a medicinal product is authorized subject to the requirement to conduct a post - authorisation safety study or where there are conditions or restrictions with regard to the safe and effective use of the medicinal product , the medicinal product should be intensively monitored on the market . patients and healthcare professionals should be encouraged to report all suspect adverse reactions to such medicinal products , and a publicly available list of such medicinal products should be maintained up to date by the european medicines agency established by regulation no 726 / 2004 of the european parliament and of the council of 31 march 2004 laying down community procedures for the authorisation and supervision of medicinal products for human and veterinary use and establishing a european medicines agency . ### where , in the case of an unmet medical need , a medicinal product is authorized subject to the requirement to conduct a post - authorisation safety study or where there are conditions or restrictions with regard to the safe and effective use of the medicinal product , the medicinal product should be intensively monitored on the market . patients and healthcare professionals should be encouraged to report all suspect adverse reactions to such medicinal products , which should be identified by a specific symbol on the outer packaging and by a corresponding explanatory sentence in the leaflet , and a publicly available list of such medicinal products should be maintained up to date by the european medicines agency established by regulation no 726 / 2004 of the european parliament and of the council of 31 march 2004 laying down community procedures for the authorisation and supervision of medicinal products for human and veterinary use and establishing a european medicines agency .


### the marketing authorisation shall lay down deadlines for the fulfilment of the conditions where necessary . ### the marketing authorisation shall lay down deadlines for the fulfilment of the conditions where necessary . if the conditions included in the marketing authorisation are not fulfilled by the relevant deadline , the competent authorities shall have the power and appropriate resources to immediately suspend or revoke the marketing authorisation .


### ensure that adverse reaction reports contain the highest quality information possible ; ### ensure that adverse reaction reports and the databases contain the highest quality information possible ;


### in order to simplify the reporting of suspected adverse reactions the marketing authorisation holders and the member states should report those reactions only to the community pharmacovigilance database and data - processing network referred to in article 57 of regulation no 726 / 2004 . ### in order to simplify the reporting of suspected adverse reactions the marketing authorisation holders should report those reactions to the community pharmacovigilance database and data - processing network referred to in article 57 of regulation no 726 / 2004 and simultaneously to competent national authorities . any change in the national database should be immediately and automatically reflected in the eudravigilance database . the eudravigilance database and the national database should be fully interoperable .


### where a medicinal product is authorized subject to the requirement to conduct a post - authorisation safety study or where there are conditions or restrictions with regard to the safe and effective use of the medicinal product , the medicinal product should be intensively monitored on the market . patients and healthcare professionals should be encouraged to report all suspect adverse reactions to such medicinal products , and a publicly available list of such medicinal products should be maintained up to date by the european medicines agency established by regulation no 726 / 2004 of the european parliament and of the council of 31 march 2004 laying down community procedures for the authorisation and supervision of medicinal products for human and veterinary use and establishing a european medicines agency . ### where a medicinal product is authorized subject to the requirement to conduct a post - authorisation safety study or where there are conditions or restrictions with regard to the safe and effective use of the medicinal product , the medicinal product should be subject to extended monitoring on the market . patients and healthcare professionals should be encouraged to report all suspect adverse reactions to such medicinal products , and a publicly available list of such medicinal products should be maintained up to date by the european medicines agency established by regulation no 726 / 2004 of the european parliament and of the council of 31 march 2004 laying down community procedures for the authorisation and supervision of medicinal products for human and veterinary use and establishing a european medicines agency .


### for medicinal products included on the list referred to in article 23 of regulation no 726 / 2004 , the following additional statement shall be included “this medicinal product is under intensive monitoring . all suspected adverse reactions should be reported to ### for medicinal products included on the list referred to in article 23 of regulation no 726 / 2004 , the following additional elements shall be included : a statement reading &#8220 ; this newly authorised medicinal product is under intensive monitoring in order to increase knowledge of its adverse reactions . all suspected adverse reactions should be reported to , or reported directly to the pharmacy . ' ; an exclamation mark surrounded by a red triangle . this symbol shall also appear on the outer packaging , accompanied by an indication that it is advisable to read the package leaflet before taking the medicinal product .


### the esf should improve employment opportunities , promote education and life - long learning and develop active inclusion policies in accordance with the tasks entrusted to the esf by article 162 of the treaty , and thereby contribute to economic , social and territorial cohesion in accordance with article 174 of the treaty . in accordance with article 9 of the treaty , the esf should take into account requirements linked to the promotion of a high level of employment , the guarantee of adequate social protection , the fight against social exclusion , and a high level of education , training and protection of human health . ### the esf should improve employment opportunities , support the creation of sustainable jobs , promote education and life - long learning , develop active inclusion policies and fight poverty and social exclusion in accordance with article 9 of the treaty and with the tasks entrusted to the esf by article 162 of the treaty , and thereby contribute to economic , social and territorial cohesion in accordance with article 174 of the treaty . in accordance with article 9 of the treaty , the esf should take into account requirements linked to the promotion of a high level of employment , the guarantee of adequate social protection , the fight against poverty and social exclusion , and a high level of education , training and protection of human health .


### the european council of 17 june 2010 called for all common policies , including cohesion policy , to support the europe 2020 strategy for smart , sustainable and inclusive growth ‘ 12 . in order to ensure the full alignment of the esf with the objectives of this strategy , particularly as regards employment , education , and the fight against social exclusion , the esf should support member states in implementing the council recommendations on broad guidelines for economic policies of the member states and the union and the council decisions on guidelines for the employment policies of the member states adopted in accordance with articles 121 and 148 of the treaty . it should also contribute to the implementation of the flagship initiatives , with special regard to the ’agenda for new skills and jobs ‘ 13 , ’youth on the move ‘ 14 , and the ’european platform against poverty and social exclusion ‘ 15 . it will also support the activities in the ’digital agenda ‘ 16 and the ’innovation union ‘ 17 initiatives . ### the european council of 17 june 2010 called for all common policies , including cohesion policy , to support the europe 2020 strategy for smart , sustainable and inclusive growth ' 12 . in order to ensure the full alignment of the esf with the objectives of this strategy , particularly as regards employment , education , training and the fight against poverty , discrimination and social exclusion , the esf should support member states in implementing the council recommendations on broad guidelines for economic policies of the member states and the union and the council decisions on guidelines for the employment policies of the member states adopted in accordance with articles 121 and 148 of the treaty . it should also contribute to the implementation of the flagship initiatives , with special regard to the ' agenda for new skills and jobs ' 13 , ' youth on the move ' 14 , ' youth opportunities initiative ' and the ' european platform against poverty and social exclusion ' 15 . it will also support the activities in the ' digital agenda ' 16 and the ' innovation union ' 17 initiatives and further strategies of implementation .


### for less developed regions , member states shall concentrate 60 % of the esf allocation to each operational programme on up to four of the investment priorities set out in article 3 . ### for less developed regions , member states shall concentrate at least 60 % of the total amount of the esf resources at the national level to the thematic objectives set out in point 8 , 9 , and 10 in article 9 of the regulation no [ . . . ] / 2012 [ cpr ] .


### enhancing institutional capacity and efficient public administration through : ### enhancing institutional capacity and efficient and participative public administration and promoting capacity building for social partners , non - governmental organisations , regional and local authorities and other stakeholder in particular those partners as referred to in article 5 of regulation no [ cpr . . . ] , through :


### the member states and regions should be encouraged to leverage the esf through financial instruments in order to support for example students , job creation , and mobility of workers , social inclusion and social entrepreneurship . ### the member states and regions should be encouraged to leverage the esf through financial instruments if this helps to increase the effectiveness of actions or completes actions of other eu - instruments such as psci , the egf and the erdf .


### the esf shall promote high levels of employment and job quality , support the geographical and occupational mobility of workers , facilitate their adaptation to change , encourage a high level of education and training , promote gender equality , equal opportunities and non - discrimination , enhance social inclusion and combat poverty , thereby contributing to the priorities of the european union as regards strengthening economic , social and territorial cohesion . ### the esf shall promote high levels of employment and job quality , support the voluntary geographical and occupational mobility of workers , facilitate the anticipation and development of new skills and competencies needed for a transition towards environmentally and socially sustainable development , encourage a high level of education and training , promote gender equality , equal opportunities and non - discrimination , enhance social inclusion and combat poverty , thereby contributing to the priorities of the european union as regards strengthening economic , social and territorial cohesion .


### promoting the social economy and social enterprises ; ### promoting the social economy and social enterprises as well as the socio - cultural and creative sectors and non - governmental and cooperative organisations ;


### investing in education , skills and life - long learning through : ### investing in education , vocational training and apprenticeships , skills , qualifications and life - long learning through :


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


### enhancing access to lifelong learning , upgrading the skills and competences of the workforce and increasing the labour market relevance of education and training systems ; ### enhancing young people ' s access to lifelong learning and learning mobility , upgrading the skills , knowledge , qualifications and competences of the workforce and increasing the labour market relevance of education and training systems ;


### the esf shall promote high levels of employment and job quality , support the geographical and occupational mobility of workers , facilitate their adaptation to change , encourage a high level of education and training , promote gender equality , equal opportunities and non - discrimination , enhance social inclusion and combat poverty , thereby contributing to the priorities of the european union as regards strengthening economic , social and territorial cohesion . ### the esf shall promote high levels of employment , job creation and job quality , support the voluntary geographical and occupational mobility , provide support for workers made redundant , encourage a high level of education and training , promote gender equality , equal opportunities and non - discrimination , enhance social inclusion and combat poverty , thereby contributing to the priorities of the european union as regards strengthening economic , social and territorial cohesion .


### enhancing access to affordable , sustainable and high - quality services , including health care and social services of general interest ; ### enhancing access to affordable , sustainable and high - quality services , including health , care , community - based services and social services of general interest ;


### the european union is confronted with structural challenges arising from economic globalisation , technological change and an increasingly ageing workforce and growing skills and labour shortages in some sectors and regions . they have been compounded by the recent economic and financial crisis , which has resulted in increased levels of unemployment , hitting in particular young people and other vulnerable groups , such as migrants . the esf should aim to promote employment and support labour mobility , invest in education , skills and life - long learning , promote social inclusion and combat poverty . in promoting the better functioning of labour markets by enhancing the transnational geographical mobility of workers , the esf should , in particular , support european employment services in relation to recruitment and the related information , advice and guidance services at national and cross - border level . ### the european union is confronted with structural challenges arising from economic globalisation , technological change and an increasingly ageing workforce and growing skills and labour shortages in some sectors and regions . they have been compounded by the recent economic and financial crisis , which has resulted in increased levels of unemployment , hitting in particular young people and other vulnerable groups , such as migrants , refugees and asylum seekers . the esf should aim to promote quality employment with particular attention to those who are the furthest from the labour market and support labour mobility , invest in education , skills and life - long learning , promote social inclusion , combat poverty and discrimination . in promoting the better functioning of labour markets by enhancing the transnational geographical mobility of workers , the esf should , in particular , support european employment services and related eures activities especially the eures cross - border partnerships in relation to recruitment and the related information , advice and guidance services at national and cross - border level , in particular taking into account cross - border workers .