### the mandatory exception should also limit the right of reproduction so as to allow for any act that is necessary in order to make changes to or convert or adapt a work or other subject - matter in such a way as to produce an accessible format copy . this includes providing the necessary means to navigate information in an accessible format copy . ### the mandatory exception should also limit the right of reproduction , proportionally and only as far as necessary , so as to allow for any act that is necessary in order to make changes to or convert or adapt a work or other subject - matter in such a way as to produce an accessible format copy . this includes providing the necessary means to navigate information in an accessible format copy .


### in view of the specific nature of the exception , its targeted scope and the need for legal certainty for its beneficiaries , member states should not be allowed to impose additional requirements for the application of the exception , such as compensation schemes or the prior verification of the commercial availability of accessible format copies . ### in view of the specific nature of the exception , its targeted scope and the need for legal certainty for its beneficiaries , it is recommended that member states should not be allowed to impose additional or alternative requirements for the application of the exception , such as compensation schemes or the prior verification of the commercial availability of accessible format copies .


### no sooner than [ five years after the date of transposition ] , the commission shall carry out an evaluation of this directive and present the main findings to the european parliament , the council and the european economic and social committee , accompanied , where appropriate , by proposals for the amendment of this directive . ### within [ five years after the date of transposition ] , the commission shall carry out an evaluation of this directive and present the main findings to the european parliament , the council and the european economic and social committee , accompanied , where appropriate , by proposals for the adjustment and amendment of this directive .


### certain customers , including households and customers providing essential social services , are particularly vulnerable and may need social protection . a definition of such protected customers should not conflict with the union solidarity mechanisms . ### certain customers , including households and customers providing essential social services , are particularly vulnerable and may need greater social protection .


### the european union agency for asylum , in close cooperation with the commission and without prejudice to the commission ' s responsibility as guardian of the treaties , should establish a mechanism to monitor and assess the implementation of the ceas , the compliance by member states with operational standards , guidelines and best practices on asylum and to verify the functioning of the asylum and reception systems of member states . the monitoring and assessment should be comprehensive and should be based , in particular , on information provided by member states , information analysis on the situation of asylum developed by the agency , on - site visits and case sampling . the agency should report its findings to the management board which in turn should adopt the report . the executive director should , after consultation with the commission , make draft recommendations to the member state concerned outlining the necessary measures to address serious shortcomings , which in turn shall be adopted by the management board as recommendations . ### the european union agency for asylum , in close cooperation with the commission and without prejudice to the commission ' s responsibility as guardian of the treaties , should establish a mechanism to monitor and assess the implementation of the ceas and any updating of it in relation to operational standards , guidelines and best practices on asylum and to monitor the functioning of the asylum and reception systems of member states . the monitoring and assessment should be comprehensive and should be based , in particular , on information provided by member states , information analysis on the situation of asylum developed by the agency , on - site visits and case sampling . the agency should report its findings to the management board together with corresponding notification to the member states involved , and the board in turn should adopt the report . the executive director should , after consultation with the commission , make draft proposals to the member state concerned outlining the proposed measures to address serious shortcomings , which in turn shall be adopted by the management board .


### the purpose of this directive is to contribute to the proper functioning of the internal market by approximating laws , regulations and administrative provisions of the member states , by eliminating barriers to the free movement of certain accessible products and services this will increase the availability of accessible products and services on the internal market . ### the purpose of this directive is to contribute to the proper and optimum functioning of the internal market by approximating laws , regulations and administrative provisions of the member states , by eliminating barriers to the free movement of certain accessible products and services . this will increase the availability , range and competitiveness of accessible products and services on the internal market .


### the disparities between the laws and administrative measures adopted by the member states in relation to accessibility of products and services for persons with functional limitations including persons with disabilities create barriers to the free movement of such products and services and distort effective competition in the internal market . economic operators , in particular small and medium - sized enterprises , are particularly affected by those barriers . ### the disparities between the laws and administrative measures adopted by the member states in relation to accessibility of products and services for persons with functional limitations including persons with disabilities create institutional and other barriers to the free movement of such products and services and distort effective competition in the internal market . economic operators , in particular small and medium - sized enterprises , are particularly affected by those barriers in a manner that is both disproportional and unfavourable .


### due to the differences in national accessibility requirements , individual professionals , smes and micro - enterprises in particular are discouraged from entering into business ventures outside their own domestic markets . the national , or even regional or local , accessibility requirements that member states have put in place currently differ as regards both coverage and level of detail . those differences negatively affect competitiveness and growth , due to the additional costs incurred in the development and marketing of accessible products and services for each national market . ### due to the differences in national accessibility requirements and the difficulties in meeting them , as well as the numerous criteria applicable , individual professionals , smes and micro - enterprises in particular are discouraged from entering into business ventures outside their own familiar domestic markets . the national , or even regional or local , accessibility requirements that member states have put in place currently differ as regards both coverage and level of detail . those differences negatively affect competitiveness and growth , due to the additional costs incurred in the adjustment , development and marketing of accessible products and services for each national market .


### the approximation of national measures at union level is therefore necessary for the proper functioning of the internal market in order to put an end to fragmentation in the market of accessible products and services , to create economies of scale , to facilitate cross - border trade and mobility , as well as to help economic operators to concentrate resources on innovation instead of using those resources for complying with fragmented legal requirements across the union . ### the approximation of national measures at union level is therefore necessary for the full and healthy functioning and development of the internal market in order to put an end to fragmentation in the market of accessible products and services , to create economies of scale , to facilitate cross - border trade and mobility , as well as to help economic operators to concentrate resources on innovation instead of using those resources for complying with fragmented legal requirements across the union .


### this directive respects the fundamental rights and observes the principles recognised in particular by the charter of fundamental rights of the european union . in particular , this directive seeks to ensure full respect for the rights of persons with disabilities to benefit from measures designed to ensure their independence , social and occupational integration and participation in the life of the community and to promote the application of article 26 of the charter of fundamental rights of the european union . ### this directive respects the fundamental rights and observes the principles recognised in particular by the charter of fundamental rights of the european union . in particular , this directive seeks to promote the application of article 26 of the charter of fundamental rights of the european union and in particular measures to ensure respect for and to safeguard the rights of persons with disabilities to benefit from measures designed to ensure their independence , social and occupational integration , participation in the social and economic life of the community and support in the field of education and family life .


### the overall aim of the ‘ digital single market strategy’ , is to deliver sustainable economic and social benefits from a connected digital single market . union consumers still do not enjoy the full benefits of prices and choice that the single market can offer , because cross - border online transactions are still very limited . fragmentation also limits demand for cross - border e - commerce transactions . there is also a need for concerted action to make sure that new electronic content is also fully available to persons with disabilities . it is therefore necessary to harmonise accessibility requirements across the digital single market and to ensure that all union citizens regardless of their abilities can enjoy its benefits . ### the overall aim of the ‘ digital single market strategy’ , is to deliver sustainable economic and social benefits from a connected digital single market . union consumers still do not enjoy the full benefits of prices and choice that the single market can offer , because cross - border online transactions are still very limited , because of not only limited consumer confidence but also restrictions affecting remote customer servicing , partly attributable to postal services and language barriers . fragmentation also limits demand for cross - border transactions . there is also a need for concerted action to make sure that new electronic content is also fully available to persons with disabilities . it is therefore necessary to harmonise accessibility requirements across the digital single market and to ensure that all union citizens regardless of their abilities can enjoy its benefits .


### products and services falling within the scope of this directive are the result of a screening exercise , carried out during the preparation of the impact assessment that identified those relevant products and services for persons with functional limitations , including persons with disabilities and older persons , for which member states have adopted or are likely to adopt diverging national accessibility requirements . ### products and services falling within the scope of this directive are the necessary result of an in - depth screening exercise , carried out during the preparation of the impact assessment that identified those relevant products and services for persons with functional limitations , including persons with disabilities and older persons , for which member states have adopted or are likely to adopt diverging national accessibility requirements .


### member states shall take all appropriate measures to ensure that , where the products and services covered by this directive comply with the relevant accessibility requirements , their free movement within the union is not impeded due to reasons of accessibility . ### member states shall take all appropriate measures to ensure that , where the products and services covered by this directive comply with the relevant minimum requirements regarding measures to improve accessibility , their free movement within the union is not impeded due to reasons of accessibility .


### most jobs in the union are provided by smes and micro - enterprises . they have a crucial importance for future growth , but very often face hurdles and obstacles in developing their products or services , notably in the cross - border context . it is therefore necessary to facilitate the work of the smes and micro - enterprises by harmonising the national provisions on accessibility while maintaining the necessary safeguards . ### most jobs in the union are provided by smes and micro - enterprises . they have a crucial importance for future growth and must be supported , since it is acknowledged that they , very often face excessive hurdles and asymmetrical obstacles in developing their products or services , notably in the cross - border context . it is therefore necessary to facilitate and support the work of the smes and micro - enterprises by harmonising the national provisions on accessibility while maintaining the necessary safeguards .


### the manufacturer having detailed knowledge of the design and production process is best placed to carry out the complete conformity assessment procedure . the obligations for conformity assessment should rest with the manufacturer . ### the manufacturer having detailed knowledge of the design and production process is best placed to help carry out the conformity assessment procedure . the obligations for determining conformity assessment should rest with the manufacturer , who has binding consultative powers .


### importers should ensure that products from third countries entering the union market comply with the accessibility requirements of this directive and in particular that appropriate conformity assessment procedures have been carried out by manufacturers with regard to those products . ### importers should ensure that products from third countries entering the union market comply with the accessibility requirements of this directive and in particular that appropriate conformity assessment procedures have been carried out by manufacturers with regard to those products either with regard to the final product or in the implementation of guidelines concerning good manufacturing practices .


### for reasons of proportionality , accessibility requirements should only apply to the extent that they do not impose a disproportionate burden on the economic operator concerned , or require a change in the products and services which would result in their fundamental alteration in accordance with the specified criteria . ### for reasons of proportionality , accessibility requirements should only apply to the extent that they do not impose a disproportionate burden on the economic operator concerned , or require a change in the products and services which would result in their fundamental alteration of the products or services offered or alterations affecting the sustainability and efficient operation of the company in accordance with the specified criteria .


### in the absence of harmonised standards and where needed for market harmonisation purposes , the commission should be able adopt implementing acts establishing common technical specifications for the accessibility requirements set in this directive . ### in the absence of harmonised standards and where needed for market harmonisation purposes pending the formulation of suitable harmonised standards , the commission should , in the meantime , be able adopt implementing acts establishing common technical specifications for the accessibility requirements set in this directive .


### “manufacturer” means any natural or legal person who manufactures a product or has a product designed or manufactured , and markets that product under his name or trademark ; ### “manufacturer” means any natural or legal person who manufactures a product , modifies it in such a way as to fundamentally alter its nature and purpose or has a product designed or manufactured , and markets that product under his name or trademark ;


### “consumer” means any natural person who purchases the relevant product or is a recipient of the relevant service for purposes which are outside his trade , business , craft or profession ; ### “consumer” means any natural person who purchases the relevant product or is the final user of a product or is a recipient of the relevant service at a personal or communal level and for purposes which are outside his trade , business , craft or profession ;


### audiovisual media services and the related consumer equipment with advanced computing capability shall comply with the requirements set out in section iv of annex i . ### audiovisual media and digital television services and the related consumer equipment with advanced computing capability shall comply with the requirements set out in section iv of annex i .


### manufacturers shall indicate their name , registered trade name or registered trade mark and the address at which they can be contacted on the product or , where that is not possible , on its packaging or in a document accompanying the product . the address must indicate a single point at which the manufacturer can be contacted . ### manufacturers shall indicate their name , registered trade name or registered trade mark , the address at which they can be contacted and their telephone contact information at least on the product or , where that is not possible , on its packaging or in a document accompanying the product . the address must indicate a single point at which the manufacturer can be contacted .


### manufacturers shall ensure that the product is accompanied by instructions and safety information in a language which can be easily understood by consumers and end - users , as determined by the member state concerned . ### manufacturers shall ensure that the product is accompanied by instructions and safety information in a language which can be easily understood by consumers and end - users , as determined by the member state concerned and at least in an official language of the territory of the state in which it is being offered for use or consumption .


### importers shall ensure that the product is accompanied by instructions and information in a language which can be easily understood by consumers and other end - users , as determined by the member state concerned . ### importers shall ensure that the product is accompanied by instructions and information in a language which can be easily understood by consumers and other end - users , in an official language of the territory of the member state , as laid down by national legislation , and as determined by the member state concerned .


### manufacturers shall , further to a reasoned request from a competent national authority , provide it with all the information and documentation necessary to demonstrate the conformity of the product , in a language which can be easily understood by that authority . they shall cooperate with that authority , at its request , on any action taken to eliminate the risks posed by products which they have placed on the market and to ensure compliance with the requirements referred to in article 3 . ### manufacturers shall , further to a reasoned request from a competent national authority , provide it with all the information and documentation necessary to demonstrate the conformity of the product , in an official language of the member state in which the respective competent national authority is based , or as defined by national law and customary institutional practice , or as bilaterally to be agreed on a case - by - case basis by the competent national authority and the manufacturer upon the initiative of the national authority . they shall cooperate with that authority , at its request , on any action taken to eliminate the risks posed by products which they have placed on the market and to ensure compliance with the requirements referred to in article 3 .


### importers shall , further to a reasoned request from a competent national authority , provide it with all the information and documentation necessary to demonstrate the conformity of a product in a language which can be easily understood by that authority . they shall cooperate with that authority , at its request , on any action taken to eliminate the risks posed by products which they have placed on the market . ### importers shall , further to a reasoned request from a competent national authority , provide it with all the information and documentation necessary to demonstrate the conformity of a product in an official language of the member state in which the respective competent national authority is based or as determined by national legislation . they shall cooperate with that authority , at its request , on any action taken to eliminate the risks posed by products which they have placed on the market .


### importers shall indicate their name , registered trade name or registered trade mark and the address at which they can be contacted on the product or , where that is not possible , on its packaging or in a document accompanying the product . ### importers shall indicate their name , registered trade name or registered trade mark and the address at which they can be contacted and other contact information on the product or , where that is not possible , on its external packaging or in a document accompanying the product .


### when making a product available on the market distributors shall act with due care in relation to the requirements of this directive . ### when making a product available on the market distributors shall act in accordance with the requirements of this directive .


### before making a product available on the market distributors shall verify that the product bears the ce marking , that it is accompanied by the required documents and by instructions and information in a language which can be easily understood by consumers and other end - users in the member state in which the product is to be made available on the market and that the manufacturer and the importer have complied with the requirements set out in article 5 and and article 7 . ### before making a product available on the market distributors shall verify that the manufacturer and the importer have complied with the requirements set out in article 5 and and article 7 , that the product bears the ce marking and that it is accompanied by the required documents and by instructions and information in a language which can be easily understood by consumers and other end - users in the member state in which the product is to be made available on the market and at least in an official language of the territory of the member state as determined by national legislation .


### economic operators shall be able to present the information referred to in paragraph 1 for a period of 10 years after they have been supplied with the product and for a period of 10 years after they have supplied the product . ### economic operators shall keep a physical or electronic record and be able to present the information referred to in paragraph 1 for a period of at least 10 years after they have been supplied with the product and for a period of at least 10 years after they have supplied the product .


### the estimated costs and benefits for the economic operators in relation to the estimated benefit for persons with disabilities , taking into account the frequency and duration of use of the specific product or service . ### the estimated costs for the economic operators in relation to the potential compensatory benefit , economic or other , taking into account the frequency , duration and extent of use of the specific product or service by the overall number of final users or consumers with disabilities .


### the estimated costs and benefits for the competent authorities concerned in relation to the estimated benefit for persons with disabilities , taking into account the frequency and duration of use of the specific product or service ; ### the estimated costs for the competent authorities concerned in relation to the potential essential benefit for persons with disabilities , taking into account the frequency , duration and extent of the use of the specific product or service by the estimated greatest overall number of final users or consumers with disabilities ;


### the burden shall not be deemed disproportionate where it is compensated by funding from other sources than the economic operator’s own resources , whether public or private . ### the burden shall not be deemed disproportionate where it is fully compensated or otherwise balanced by funding from other sources than the own resources of the economic operator , or associated companies under common management or ownership , whether public or private .


### where the economic operators have used the exception provided for in paragraphs 1 to 5 for a specific product or service they shall notify the relevant market surveillance authority of the member state in the market of which the product or service is placed or made available . the notification shall include the assessment referred to in paragraph 3 . microenterprises are exempted from this notification requirement but must be able to supply the relevant documentation upon request from a relevant market surveillance authority . ### where the economic operators have used the exception provided for in paragraphs 1 to 5 for a specific product or service they shall notify in a prompt and detailed manner the relevant market surveillance authority of the member state in the market of which the product or service is placed or made available . the notification shall include the assessment referred to in paragraph 3 . microenterprises employing fewer than 10 persons and whose annual turnover or total annual balance sheet total does not exceed eur 2 million are exempted from this notification requirement but must be able to supply the relevant documentation upon request from a relevant market surveillance authority and fully keep the relevant record for at least five years after they have supplied or otherwise transmitted the product or service .


### member states shall ensure that information held by market surveillance authorities concerning the compliance of economic operators with the applicable accessibility requirements set out in article 3 and the assessment of the exceptions provided for in article 12 , is made available to consumers upon request and in an accessible format , except where that information cannot be provided for reasons of confidentiality as provided for in article 19 of regulation no 765 / 2008 . ### member states shall ensure that information held by market surveillance authorities concerning the compliance of economic operators with the applicable accessibility requirements set out in article 3 and the assessment of the exceptions provided for in article 12 , is made available to consumers upon request and in an accessible format , except where that information cannot be provided for reasons of confidentiality as provided for in article 19 of regulation no 765 / 2008 . the information shall be made available within a reasonable period of time not exceeding 4 weeks and , if this results in a significant burden for the competent authority , the submission of a request may be accompanied by a commensurate tax , which in total shall not exceed the corresponding service costs , following a decision by the competent authority based on an actuarial explanatory memorandum .


### the assessment of whether compliance with accessibility requirements referred to in article 21 imposes a disproportionate burden shall be performed by the competent authorities concerned . ### the assessment of whether compliance with accessibility requirements referred to in article 21 imposes a disproportionate burden shall be performed by the competent authorities concerned with the participation of the relevant economic operator .


### the agency shall , on its own initiative or at the request of the commission , and in consultation with the commission , develop operational standards on the implementation of the instruments of union law on asylum and indicators for monitoring compliance with those operational standards as well as guidelines and best practices related to the implementation of the instruments of union law on asylum . the agency shall , following consultation with the commission and after adoption by the management board , communicate those standards , indicators , guidelines or best practices to the member states . ### the agency shall , on its own initiative or at the request of the commission , and in consultation with the commission , develop operational standards on the implementation of the instruments of union law on asylum and indicators for monitoring compliance with those operational standards as well as guidelines and best practices related to the implementation of the instruments of union law on asylum . the agency shall , following consultation with the commission and after adoption by the management board and parliament , communicate those standards , indicators , guidelines or best practices to the member states .


### the agency shall set up teams of experts for each monitoring exercise , including for the on - site visits as necessary . the teams of experts shall be composed of experts from the agency ' s own staff and commission representatives . the team of experts shall be responsible for drawing up a report based on the findings of on - site visits and information provided by member states . ### the agency shall set up teams of experts for each monitoring exercise , including for the on - site visits as necessary . the teams of experts shall be composed of experts from the agency ' s own staff and commission and parliament representatives . the team of experts shall be responsible for drawing up a report based on the findings of on - site visits and information provided by member states .


### the member state concerned shall provide the agency with an action plan within one month from adoption of the recommendations referred to in paragraph 4 . that member state shall report to the agency on the implementation of the action plan within three months from the adoption of the recommendations and shall thereafter continue to report every month for a maximum of six months . ### the member state concerned shall provide the agency with an action plan within one month from adoption of the observations referred to in paragraph 4 . that member state shall report to the agency on the implementation of the action plan within three months from the adoption of the observations and shall thereafter continue to report every month for a maximum of six months .


### if necessary , the executive director may send experts from the agency to assess the situation in the member state requesting assistance . the executive director shall immediately notify the management board of any request for deployment of asylum support teams . ### if necessary , the executive director may send experts from the agency to assess the situation in the member state requesting assistance . the executive director shall immediately notify the management board , parliament and the member state of any request for deployment of asylum support teams .


### the executive director shall take a decision on the request for deployment of asylum support teams within three working days from the date of receipt of the request . the executive director shall at the same time notify the member state requesting assistance and the management board of the decision in writing stating the main reasons for his or her decision . ### the executive director shall take a decision on the request for deployment of asylum support teams within three working days from the date of receipt of the request . the executive director shall at the same time notify the member state requesting assistance , the management board and parliament of the decision in writing stating the main reasons for his or her decision .


### the agency may acquire or lease technical equipment by decision of the executive director , in consultation with the management board . any acquisition or leasing of equipment shall be preceded by a thorough needs and cost / benefit analysis . any such expenditure shall be provided for in the agency ' s budget as adopted by the management board and in accordance with the financial rules applicable to the agency . ### the agency may acquire or lease technical equipment by decision of the executive director , in consultation with the management board . any acquisition or leasing of equipment shall be preceded by a thorough needs and cost / benefit analysis . any such expenditure shall be provided for in the agency ' s budget as adopted by the management board and in accordance with the financial rules applicable to the agency . the court of auditors shall regularly audit that expenditure .


### such cooperation shall take place within the framework of working arrangements concluded with those bodies , after having received the commission ' s approval . the agency shall inform the european parliament of any such arrangements . ### such cooperation shall take place within the framework of working arrangements concluded with those bodies , after having received the commission ' s approval . the agency shall inform the european parliament and the council of any such arrangements .


### the efsi should target projects with a higher risk - return profile than existing eib and union instruments to ensure additionality over existing operations . the efsi should finance projects across the union , including in the countries most affected by the financial crisis . the efsi should only be used where financing is not available from other sources on reasonable terms . ### the efsi should target projects with a higher risk - return profile than existing eib and union instruments to ensure additionality over existing operations . the efsi should finance projects across the union , including in the countries most affected by the financial crisis . the efsi should be used if financing is not available from other sources on reasonable terms .


### novel foods should be authorised and used only if they fulfil the criteria laid down in this regulation . novel foods should be safe and their use should not mislead the consumer . therefore , where a novel food is intended to replace another food , it should not differ from that food in a way that would be nutritionally less advantageous for the consumer . ### novel foods should be authorised and used only if they fulfil the criteria laid down in this regulation . novel foods should be safe and their safety assessment should be based on the precautionary principle as laid down in article 7 of regulation no 178 / 2002 . in addition , their use should not mislead the consumer . therefore consumers should be informed about the content of novel foods , the ingredients and the technologies used in the manufacture thereof . product labelling requirements are therefore of the utmost importance , particularly if the novel food has been created using new rearing or farming methods , new materials or new production processes . similarly , where a novel food is intended to replace another food , it should not differ from that food in a way that would be nutritionally less advantageous or inferior quality for the consumer .


### legal aid means funding and assistance from the member state ensuring the exercise of the right of access to a lawyer , ### legal aid means funding and assistance from the member state ensuring the exercise of the right of suspects or accused persons access to a lawyer meeting the requisite criteria regarding the level and quality of legal aid provided ,


### the agency shall be a centre for gathering relevant , reliable , accurate and up - to date information on countries of origin of persons applying for international protection , including child - specific information and targeted information on persons belonging to vulnerable groups . it shall draw up and regularly update reports and other products providing for information on countries of origin at the level of the union including on thematic issues specific to countries of origin . ### the agency shall be a centre for gathering relevant , reliable , accurate and up - to date information on countries of origin of persons applying for international protection , including child - specific information and targeted information on persons belonging to vulnerable groups . in addition , it shall gather information on individuals who have been involved in illegal activities , including terrorism , who must not be granted asylum . it shall draw up and regularly update reports and other products providing for information on countries of origin at the level of the union including on thematic issues specific to countries of origin .


### the international community faces an unprecedented refugee crisis which requires solidarity , efficient mobilisation of financial resources and the need to confront and surmount the existing challenges in a concerted manner . all actors need to work together to apply sustained , medium and long - term policies and an efficient use of existing processes and programmes in order to support initiatives which contribute to addressing root causes of migration . ### the international community faces an unprecedented refugee crisis which requires solidarity&#160 ; among member states , efficient mobilisation of financial resources and the need to confront and surmount the existing challenges in a concerted manner . all actors need to work together to apply sustained , medium and long - term policies and an efficient use of existing processes and programmes in order to support initiatives which contribute to addressing root causes of illegal migration from third countries and safeguard public order and security within the union .


### a new results - oriented partnership framework with third countries which takes account of all union policies and instruments should be developed . as part of that new partnership framework , the external investment plan should be established in order to support investments in regions outside the union , while contributing to the achievement of the sustainable development goal . it should also fulfil the objectives of the 2030 agenda for sustainable development and the objectives pursued by the other financing instruments for external action . ### a new partnership framework with third countries which takes account of all union policies and instruments should be developed on a strictly results - oriented basis . as part of that new partnership framework , the external investment plan should be established in order to support investments in regions outside the union , while contributing to the achievement of the sustainable development goal . it should also fulfil the objectives of the 2030 agenda for sustainable development and the objectives pursued by the other financing instruments for external action .


### in order to allow the elm to respond to potential upcoming challenges and union priorities , as well as to provide a strategic response addressing root causes of migration , the maximum ceiling for the eib financing operations under the eu guarantee should be increased to eur 32 300 000 000 by releasing the optional additional amount of eur 3 000 000 000 . under the general mandate , the amount of eur 1 400 000 000 should be earmarked for projects in the public sector directed to refugees and host communities in crisis affected areas . ### in order to allow the elm to respond to potential upcoming challenges and union priorities , as well as to provide a strategic response addressing root causes of illegal migration , the maximum ceiling for the eib financing operations under the eu guarantee should be increased to eur 32 300 000 000 by releasing the optional additional amount of eur 3 000 000 000 . under the general mandate , the amount of eur 2 400 000 000 should be earmarked for projects in the public sector to support host communities affected by the refugee crisis .


### under the new private sector lending mandate , the maximum amount of eur 2 300 000 000 should be dedicated to projects addressing root causes of migration within the maximum increased ceiling and should benefit from the comprehensive guarantee by the union . ### under the new private sector lending mandate , the amount of eur 2 300 000 000 should be dedicated to projects addressing root causes of illegal migration flows within the maximum increased ceiling and should benefit from the comprehensive guarantee by the union .


### only where it concerns the need to address urgencies and crisis situations that could arise within the mandate period and which are recognised as union external policy priorities , the ceiling for reallocation between the regions by the eib in the course of the mandate should be increased from 10 % to 20 % . the private sector mandate of eur 2 300 000 000 and the amount of eur 1 400 000 000 dedicated to public sector projects cannot be reallocated because its purpose is to address root causes of migration . ### only where it concerns the need to address urgencies and crisis situations that could arise within the mandate period and which are recognised as union external policy priorities , the ceiling for reallocation between the regions by the eib in the course of the mandate should be increased from 10 % to 20 % . the private sector mandate of eur 2 300 000 000 and the amount of eur 2 400 000 000 dedicated to public sector projects cannot be reallocated because its purpose is to address root causes of illegal migration . an option to reallocate funds towards further supporting projects for the purposes of addressing root causes of illegal migration will be considered depending on the outcome - oriented utilisation of the amounts mandated .


### a maximum amount of eur 30 000 000 000 under a general mandate , of which an amount of up to eur 1 400 000 000 is earmarked for projects in the public sector directed to refugees and host communities ; ### a maximum amount of eur 30 000 000 000 under a general mandate , of which an amount of up to eur 2 400 000 000 is earmarked for projects in the public sector directed to refugee - hosting communities ;


### it is necessary to specify the objectives of the entry / exit system and its technical architecture , to lay down rules concerning its operation and use and to define responsibilities for the system , the categories of data to be entered into the system , the purposes for which the data are to be entered , the criteria for their entry , the authorities authorised to access the data and further rules on data processing and the protection of personal data . ### it is necessary to specify clearly and from the outset the objectives of the entry / exit system and its technical architecture , to lay down rules concerning its operation and scope and to define the exact responsibilities for the system , the categories and types of data to be entered into the system , the purposes for which the data are to be entered , the criteria for their entry , the authorities authorised to access the data and further rules on data recording , management , processing and use and the protection of personal data .


### the independent supervisory authorities established in accordance with article 28 of directive 95 / 46 / ec should monitor the lawfulness of the processing of personal data by the member states , whilst the european data protection supervisor as established by regulation no 45 / 2001 should monitor the activities of the union institutions and bodies in relation to the processing of personal data . the european data protection supervisor and the supervisory authorities should cooperate with each other in the monitoring of the ees . ### the independent supervisory authorities established in accordance with article 28 of directive 95 / 46 / ec should monitor the lawfulness of the processing of personal data by the member states , whilst the european data protection supervisor as established by regulation no 45 / 2001 should monitor the activities of the union institutions and bodies in relation to the processing of personal data . the european data protection supervisor and the supervisory authorities should effectively dovetail their operations in the monitoring of the ees without encroaching on each other’s areas of responsibility .


### this regulation establishes an ' entry / exit system ' for the recording and storage of information on the date , time and place of entry and exit of third country nationals crossing the external borders of the member states , for the calculation of the duration of their stay , and for the generation of alerts to member states when authorised periods for stay have expired as well as for the recording of the date , time and place of refusal of entry of third country nationals whose entry for a short stay or on the basis of a touring visa has been refused as well as the authority of the member state which refused the entry and the reasons for the refusal . ### this regulation establishes an ' entry / exit system ' for the recording and storage of information on the date , time , means and place of entry and exit of third country nationals crossing the external borders of the member states , for the calculation of the duration of their stay , and for the generation of alerts to member states as soon as authorised periods for stay have expired as well as for the recording of the date , time and place of refusal of entry of third country nationals whose entry for a short stay or on the basis of a touring visa has been refused as well as the authority of the member state which refused the entry and the reasons for the refusal .


### by recording , storing and providing access to member states to the date , time and place of the entry and exit and refusals of entry of third country nationals at external borders , the ees shall : ### by recording , storing and providing access to member states to the date , time , means and place of the entry and exit and refusals of entry of third country nationals at external borders , the ees shall :


### each competent authority shall ensure that in using the ees , it does not discriminate against third country nationals on the grounds of sex , racial or ethnic origin , religion or belief , disability , age or sexual orientation and that it fully respects human dignity and the integrity of the person . particular attention shall be paid to the specific situation of children , the elderly and persons with a disability . in particular , when retaining a child ' s data , the best interest of the child shall be a primary consideration . ### each competent authority shall ensure that in using the ees , it does not excessively or unjustifiably discriminate against third country nationals and ensures protection of their fundamental rights . particular attention shall be paid to the specific situation of children , the elderly , persons with a disability and vulnerable adults . in particular , when retaining a child ' s data , the best interest of the child shall be a primary consideration .


### in due time : ### in due time , which may not in any case be fixed at less than 10 days :


### by way of derogation from the first subparagraph , landings shall not be prohibited where the conditions established in annex x cannot be complied with because of unintended catches of marine organisms subject to the landing obligation set out in article 15 of regulation [ xxxx ] . those unintended catches shall be landed and counted against quotas . ### by way of derogation from the first subparagraph , only for those fisheries covered by the landing obligation as of 1 january 2015 , subject to article 15 of regulation 1380 / 2013 , the rules relating to catch composition established in annex x to this regulation are not applicable .


### by way of derogation from the first subparagraph , landings shall not be prohibited where the conditions established in annexes i to v cannot be complied with because of unintended catches of marine organisms subject to the landing obligation set out in article 15 of regulation [ xxxx ] . those unintended catches shall be landed and counted against quotas . ### by way of derogation from the first subparagraph , only for those fisheries covered by the landing obligation as of 1 january 2015 , subject to article 15 of regulation 1380 / 2013 , the rules relating to catch composition established in annex i to v to this regulation are not applicable .


### where the fish or shellfish referred to in point of the first subparagraph is subject to the landing obligation set out in article 15 of regulation [ xxxx ] , the condition laid down in that point shall be replaced by the condition that such fish or shellfish is not targeted . unintended catches of such fish or shellfish shall be landed and counted against quotas . ### the capture of species subject to catch limits as subject to the landing obligation set out in article 15 of regulation no 1380 / 2013 as of 1 january 2015 , shall be landed and counted against quotas . however , the targeted fishing for species not listed in point of the first subparagraph shall be prohibited .


### by way of derogation from the second subparagraph , the retention on board , transhipment and landing shall not be prohibited if the 100 kg limit established in that subparagraph is exceeded because of unintended catches of deep - sea species subject to the landing obligation set out in article 15 of regulation [ xxxx ] . those unintended catches shall be landed and counted against quotas . ### the first subparagraph shall not apply to catches of deep - sea species in fisheries subject to the landing obligation as set out in article 15 of regulation no 1380 / 2013 .


### that discretion is , however , significantly reduced in cases relating to the authorisation of products or substances , such as in the area of genetically modified food and feed , as the commission is obliged to adopt a decision within a reasonable time and cannot abstain from taking a decision . ### that discretion should , however , be extremely reduced in cases relating to the authorisation of products or substances , especially in the area of genetically modified food and feed , as the commission is obliged to adopt a decision within a reasonable time and cannot abstain from taking a decision .


### a pre - condition for granting the union ' s macro - financial assistance shall be that georgia respects effective democratic mechanisms &#8211 ; including a multi - party parliamentary system &#8211 ; and the rule of law , and guarantees respect for human rights . ### a pre - condition for granting the union ' s macro - financial assistance shall be that georgia respects effective democratic mechanisms &#8211 ; including a multi - party parliamentary system &#8211 ; and the rule of law , and guarantees respect for human rights . also the sound management of the grant and loan amounts .


### local wireless connectivity should only qualify as free where it is provided without corresponding remuneration , whether by direct payment or other types of consideration , including , but not limited to , advertising and the provision of personal data . ### local wireless connectivity should only qualify as free where it is provided without corresponding remuneration , whether by direct payment or other types of consideration , including , but not limited to , advertising , the provision of personal data and connections using accounts to social networks .


### to ensure that connectivity in accordance with this regulation is provided quickly , financial assistance should be implemented using to the fullest extent possible on - line tools that allow for the swift submission and handling of applications and support the implementation , monitoring and auditing of the local wireless access points installed . ### to ensure that connectivity in accordance with this regulation is provided quickly , financial assistance should be implemented using to the fullest extent possible on - line tools that allow for the swift submission and handling of applications and support the implementation , monitoring , maintenance and auditing of the local wireless access points installed .


### given internet connectivity needs within the union and the urgency of promoting access networks that can deliver , throughout the eu , an internet experience of high quality based on very high - speed broadband services , financial assistance should seek to attain a geographically balanced distribution . ### given internet connectivity needs within the union and the urgency of promoting access networks that can deliver , throughout the eu and particularly in remote areas and island groups , an internet experience of high quality based on very high - speed broadband services , financial assistance should seek to attain a geographically balanced distribution .


### the paris agreement , inter alia , sets out a long - term goal in line with the objective to keep the global temperature increase well below 2°c above pre - industrial levels and to pursue efforts to keep it to 1 . 5°c above pre - industrial levels . in order to achieve this goal , the parties should prepare , communicate and maintain successive nationally determined contributions . the paris agreement replaces the approach taken under the 1997 kyoto protocol which will not be continued beyond 2020 . the paris agreement also calls for a balance between anthropogenic emissions by sources and removals by sinks of greenhouse gases in the second half of this century , and invites parties to take action to conserve and enhance , as appropriate , sinks and reservoirs of greenhouse gases , including forests . ### the paris agreement , inter alia , sets out a long - term goal in line with the objective to keep the global temperature increase well below 2°c above pre - industrial levels and to pursue efforts to keep it to 1 . 5°c above pre - industrial levels . in order to achieve this goal , the parties should prepare , communicate and maintain successive nationally determined contributions . the paris agreement replaces the approach taken under the 1997 kyoto protocol which will not be continued beyond 2020 because of the limited participation of countries in that protocol and the failure to achieve a more ambitious agreement in copenhagen in 2009 . the paris agreement also calls for a balance between anthropogenic carbon emissions by sources and removals by sinks of greenhouse gases in the second half of this century , and invites parties to take action to conserve and enhance , as appropriate , sinks and reservoirs of greenhouse gases , including forests .


### without prejudice to articles 6 and 8 , alerts on return shall be deleted when the decision upon which the alert was based has been withdrawn or annulled by the competent authority . alerts on return shall also be deleted when the third - country national concerned can demonstrate that they have left the territory of the member states in compliance with a return decision issued in accordance with provisions respecting directive 2008 / 115 / ec . ### without prejudice to articles 6 and 8 , alerts on return shall be recorded and not deleted and shall be kept on file by the authorities of the member state that issued the return decision .


### major new gas infrastructure , i . e . interconnectors , lng and storage facilities , may , upon request , be exempted , for a defined period of time , from the provisions of articles 9 , 32 , 33 and 34 and article 41 , and under the following conditions : the investment must enhance competition in gas supply and enhance security of supply the level of risk attached to the investment must be such that the investment would not take place unless an exemption was granted ; the infrastructure must be owned by a natural or legal person which is separate at least in terms of its legal form from the system operators in whose systems that infrastructure will be built ; charges must be levied on users of that infrastructure ; and the exemption must not be detrimental to competition or the effective functioning of the internal market in natural gas , or the efficient functioning of the regulated system to which the infrastructure is connected ; ### paragraph 1 is replaced by the following : ' 1 . major new gas infrastructure , i . e . interconnectors , lng and storage facilities , may , upon request , be exempted , for a defined period of time , from the provisions of articles 9 , 32 , 33 and 34 and article 41 , and if the following cumulative conditions are fulfilled : the investment must enhance competition in gas supply and enhance security of supply ; the level of risk attached to the investment must be such that the investment would not take place unless an exemption was granted ; the infrastructure must be owned by a natural or legal person which is separate at least in terms of its legal form from the system operators in whose systems that infrastructure will be built ; charges must be levied on users of that infrastructure ; and the exemption must not be detrimental to competition in the relevant markets which are likely to be affected by the investment , the effective functioning of the internal market in natural gas , the efficient functioning of the concerned regulated systems . '


### the amount of the guarantee fund in surplus exceeding 10% of the union ' s total outstanding capital liabilities should be paid back to the general budget of the union in order to better protect the budget against potential additional risk of default of the eib financing operations addressing root causes of migration . ### the amount of the guarantee fund in surplus exceeding 10% of the union ' s total outstanding capital liabilities should be paid back to the general budget of the union in order to better protect the budget against risk of default of the eib financing operations addressing root causes of migration .


### in order to ensure legal certainty , protect the rights of farmers and guarantee a smooth , coherent and efficient functioning of types of interventions in the form of direct payments , the power to adopt certain acts should be delegated to the commission in respect of rules making the granting of payments conditional upon the use of certified seeds of certain hemp varieties and the procedure for the determination of hemp varieties and the verification of their tetrahydrocannabinol content ; rules for good agricultural and environmental condition and certain related elements in respect of the eligibility requirements ; and on the content of the declaration and the requirements for the activation of payment entitlements ; further rules on eco - schemes ; measures to avoid that beneficiaries of coupled income support suffering from structural market imbalances in a sector , including the decision that such support may continue to be paid until 2027 on the basis of the production units for which it was granted in a past reference period ; rules and conditions for the authorisation of land and varieties for the purposes of the crop - specific payment for cotton and rules on the conditions for the granting of that payment . ### in order to ensure legal certainty , protect the rights of farmers and guarantee a smooth , coherent and efficient functioning of types of interventions in the form of direct payments , the power to adopt certain acts should , after adoption in the ep plenary , be delegated to the commission in respect of rules making the granting of payments conditional upon the use of certified seeds of certain hemp varieties and the procedure for the determination of hemp varieties and the verification of their tetrahydrocannabinol content ; rules for good agricultural and environmental condition and certain related elements in respect of the eligibility requirements ; and on the content of the declaration and the requirements for the activation of payment entitlements ; further rules on eco - schemes ; measures to avoid that beneficiaries of coupled income support suffering from structural market imbalances in a sector , including the decision that such support may continue to be paid until 2027 on the basis of the production units for which it was granted in a past reference period ; rules and conditions for the authorisation of land and varieties for the purposes of the crop - specific payment for cotton and rules on the conditions for the granting of that payment .


### reflecting the important contribution that research and innovation should make to address challenges in food , agriculture , rural development and the bioeconomy , and to seize the corresponding research and innovation opportunities in close synergy with common agricultural policy , relevant actions under the specific programme will be supported with eur 10 billion for the cluster ' food and natural resources ' for the period 2021 - 2027 . ### reflecting the important contribution that research and innovation should make to address challenges in food , agriculture , rural development and the bioeconomy , together with corresponding training for those working in these sectors , and to seize the corresponding research and innovation opportunities in close synergy with common agricultural policy , relevant actions under the specific programme will be supported with eur 10 billion for the cluster ' food and natural resources ' for the period 2021 - 2027 .


### at the request of a member state or on the commission’s initiative , the commission shall take a formal decision to initiate an investigation within a reasonable period of time . where the commission decides to initiate an investigation , it shall publish a notice in the official journal of the european union announcing the investigation . the notice shall provide a summary of the information received and state that any relevant information should be sent to the commission . it shall specify the period , which shall not exceed four months from the date of publication of the notice , within which interested parties may make their views known in writing . ### if there is evidence that the limits set out in article 2 have been infringed , or at the request of a member state or on the commission’s initiative , the commission shall take a formal decision to initiate an investigation within a reasonable period of time . where the commission decides to initiate an investigation , it shall publish a notice in the official journal of the european union announcing the investigation . the notice shall provide a summary of the information received and state that any relevant information should be sent to the commission . it shall specify the period , which shall not exceed four months from the date of publication of the notice , within which interested parties may make their views known in writing .


### in determining whether a foreign direct investment is likely to affect security or public order , member states and the commission may take into account whether the foreign investor is controlled by the government of a third country , including through significant funding . ### in determining whether a foreign direct investment is likely to affect security or public order , member states and the commission may take into account whether the foreign investor is controlled by the government of any third country , including through significant funding , or is simply seeking to serve , on occasion , the interests of the third country in question .


### novel foods should be authorised and used only if they fulfil the criteria laid down in this regulation . novel foods should be safe and their use should not mislead the consumer . therefore , where a novel food is intended to replace another food , it should not differ from that food in a way that would be nutritionally less advantageous for the consumer . ### novel foods should be authorised and used only if they fulfil the criteria laid down in this regulation . novel foods should be safe and their use should not mislead the consumer . therefore , where a novel food is intended to replace another food , it should not differ from that food in a way that would be nutritionally less advantageous or inferior quality for the consumer .


### its use does not mislead the consumer ; ### it is correctly labelled so that it ' s use does not mislead the consumer ;


### where the commission requests an opinion from efsa , it shall forward the valid application to efsa . efsa shall adopt its opinion within nine months from the date of receipt of a valid application . ### where the commission requests an opinion from efsa , it shall forward the valid application to efsa . efsa shall adopt its opinion within six months from the date of receipt of a valid application .


### the international community faces an unprecedented refugee crisis which requires solidarity , efficient mobilisation of financial resources and the need to confront and surmount the existing challenges in a concerted manner . all actors need to work together to apply sustained , medium and long - term policies and an efficient use of existing processes and programmes in order to support initiatives which contribute to addressing root causes of migration . ### the international community faces an unprecedented&#160 ; migration crisis which requires solidarity , efficient mobilisation of financial resources and the need to confront and surmount the existing challenges in a concerted manner . all actors need to work together to apply sustained , medium and long - term policies and an efficient use of existing processes and programmes in order to support initiatives which contribute to eliminating the root causes of migration .


### in order to allow the elm to respond to potential upcoming challenges and union priorities , as well as to provide a strategic response addressing root causes of migration , the maximum ceiling for the eib financing operations under the eu guarantee should be increased to eur 32 300 000 000 by releasing the optional additional amount of eur 3 000 000 000 . under the general mandate , the amount of eur 1 400 000 000 should be earmarked for projects in the public sector directed to refugees and host communities in crisis affected areas . ### in order to allow the elm to respond to potential upcoming challenges and union priorities , as well as to provide a strategic response eliminating the root causes of migration , the maximum ceiling for the eib financing operations under the eu guarantee should be increased to eur 32 300 000 000 by releasing the optional additional amount of eur 3 000 000 000 . under the general mandate , the amount of eur 1 400 000 000 should be earmarked for projects in the public sector directed to refugees and host communities in crisis affected areas .


### addressing root causes of migration should be added as a new objective of the mandate . ### curbing and ultimately eradicating the root causes of migration should be added as a new objective of the mandate .


### building on the existing initiatives , a stable and reliable union resettlement framework should be established for the resettlement of persons in need of international protection to be implemented in accordance with annual union resettlement plans and targeted union resettlement schemes which effectively deliver on member states ' concrete commitments . ### building on the existing initiatives , a stable and reliable union resettlement framework should be established for the resettlement of persons in need of international protection to be implemented in accordance with annual union resettlement plans under the political guidance of parliament and with operational support and implementation on the part of the commission and its bodies and targeted union resettlement schemes which effectively deliver on member states ' concrete commitments .


### in order to help reduce the risk of a large - scale irregular inflow of third - country nationals and stateless persons to the territory of the member states , show solidarity with countries in regions to which or within which a large number of persons in need of international protection has been displaced by helping to alleviate the pressure on those countries , and help achieve the union ' s foreign policy objectives , the regions or third countries from which resettlement is to occur should fit in a tailored engagement with third countries to better manage migration as foreseen in the commission ' s communication of 7 june 2016 on establishing a new partnership framework with third countries under the european agenda on migration32 . _________________ 32 com 377 final . ### in order to help reduce the risk of a large - scale illegal entry of third - country nationals and stateless persons to the territory of the member states , show solidarity with countries in regions to which or within which a large number of persons in need of international protection has been displaced by helping to alleviate the pressure on those countries , and help achieve the union ' s foreign policy objectives , the regions or third countries from which resettlement is to occur should fit in a tailored engagement with third countries to better manage migration as foreseen in the commission ' s communication of 7 june 2016 on establishing a new partnership framework with third countries under the european agenda on migration32 . _________________ 32 com 377 final .


### the common standard procedures should build on the existing resettlement experience and standards of the member states , in particular the standard operating procedures guiding the implementation of the resettlement scheme with turkey set out in the eu - turkey statement of 18 march 2016 . the union resettlement framework should allow the use of two types of standard resettlement procedures . ### the standard procedures should build on the existing resettlement experience and standards of the member states , in particular the standard operating procedures guiding the implementation of the resettlement scheme with turkey set out in the eu - turkey statement of 18 march 2016 . the union resettlement framework should allow the use of at least two types of standard resettlement procedures .


### both types of procedure consist of the following stages : identification , registration , assessment and decision . ### both types of procedure consist of the following stages : identification , registration , assessment , decision and implementation of the decision .


### in order to allow for supplementing the rules which govern the procedure to be applied in targeted union resettlement schemes , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission to adapt the procedure to the circumstances in the third country from which resettlement takes place such as determining that third country’s role in the procedure . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level , and that those consultations be conducted in accordance with the principles laid down in the interinstitutional agreement on better law - making of 13 april 201633 . in particular , to ensure equal participation in the preparation of delegated acts , the european parliament and the council receive all documents at the same time as member states’ experts , and their experts systematically have access to meetings of commission expert groups dealing with the preparation of delegated acts . _________________ 33 oj l123 , 12 . 05 . 2016 , p . 1 . ### in order to allow for supplementing the rules which govern the procedure to be applied in targeted union resettlement schemes , consideration should be given to the need for the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union to be delegated to the commission to adapt the procedure to the circumstances in the third country from which resettlement takes place such as determining that third country’s role in the procedure . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level , and that those consultations be conducted in accordance with the principles laid down in the interinstitutional agreement on better law - making of 13 april 201633 . in particular , to ensure equal participation in the preparation of delegated acts , the european parliament and the council receive all documents at the same time as member states’ experts , and their experts systematically have access to meetings of commission expert groups dealing with the preparation of delegated acts . _________________ 33 oj l123 , 12 . 05 . 2016 , p . 1 .


### it is necessary to continue supporting or , as appropriate , to establish cooperation in all its dimensions with the union ' s neighbouring third countries , as such cooperation is an important regional development policy tool and should benefit the regions of the member states which border third countries . to that effect , the erdf and the external financing instruments of the union , ipa27 , ndici28and octp29 , should support programmes under cross - border cooperation , transnational cooperation and maritime cooperation , outermost regions’ cooperation and interregional cooperation . the support from the erdf and from the external financing instruments of the union should be based on reciprocity and proportionality . however , for ipa iii cbc and ndici cbc , the erdf support should be complemented by at least equivalent amounts under ipa iii cbc and ndici cbc , subject to a maximum amount set out in the respective legal act , that is to say , up to 3 % of the financial envelope under ipa iii and up to 4 % of the financial envelope of the neighbourhood geographic programme under article 4 of the ndici . _________________ 27 regulation xxx establishing the instrument for pre - accession assistance . 28 regulation xxx establishing the neighbourhood , development and international cooperation instrument . 29 council decision xxx on the association of the overseas countries and territories with the european inion including relations between the european union on the one hand and greenland and the kingdom of denmark on the other . ### it is necessary to continue supporting or , as appropriate , to establish cooperation in all its dimensions with the union ' s neighbouring third countries , as such cooperation is an important regional development policy tool and should benefit the regions of the member states which border third countries . to that effect , the erdf and the external financing instruments of the union , ipa27 , ndici28 and octp29 , should support programmes under cross - border cooperation , transnational cooperation and maritime cooperation , outermost regions’ cooperation and interregional cooperation , while constantly bearing in mind the interests of the neighbouring member states . the support from the erdf and from the external financing instruments of the union should be based on reciprocity and proportionality . however , for ipa iii cbc and ndici cbc , the erdf support should be complemented by at least equivalent amounts under ipa iii cbc and ndici cbc , subject to a maximum amount set out in the respective legal act , that is to say , up to 3 % of the financial envelope under ipa iii and up to 4 % of the financial envelope of the neighbourhood geographic programme under article 4 of the ndici . _________________ 27 regulation xxx establishing the instrument for pre - accession assistance . 28 regulation xxx establishing the neighbourhood , development and international cooperation instrument . 29 council decision xxx on the association of the overseas countries and territories with the european union including relations between the european union on the one hand and greenland and the kingdom of denmark on the other .


### strengthening the rule of law , including the fight against corruption and organised crime , and good governance , including public administration reform , remain key challenges in most of the beneficiaries listed in annex i and are essential in order for beneficiaries to come closer to the union and later to fully assume the obligations of union membership . in view of the longer - term nature of the reforms pursued in those areas and the need to build up track records , financial assistance under this regulation should address the requirements placed on the beneficiaries listed in annex i as early as possible . ### strengthening the rule of law , including the fight against corruption and organised crime , remains a key challenge in most of the beneficiaries listed in annex i and is essential in order for beneficiaries to come closer to the union and later to fully assume the obligations of union membership . in view of the longer - term nature of the reforms pursued in those areas and the need to build up track records , financial assistance under this regulation should address the requirements placed on the beneficiaries listed in annex i as early as possible .


### it is in the union ' s interest to assist the beneficiaries listed in annex i in their efforts to reform with a view to union membership . assistance should be managed with a strong focus on results and with incentives for those who demonstrate their commitment to reform through efficient implementation of pre - accession assistance and progress towards meeting the membership criteria . ### it is in the union ' s interest to assist the beneficiaries listed in annex i in their efforts to reform with a view to union membership . the union shall respect the national characteristics and the sovereignty of the beneficiaries , taking particular note of their proposals for reform . incentives for reform must not be interpreted as pressure to take action .


### the measures referred to in paragraph 1 shall aim at achieving the objective set out in article 3 and be based on scientific advice . ### the measures referred to in paragraph 1 shall be based on scientific advice .


### by way of derogation from article 15 of regulation no 1380 / 2013 the landing obligation shall not apply to the stocks concerned and plaice when fishing with the following gears : trapnets , pots and creels . ### by way of derogation from article 15 of regulation no 1380 / 2013 the landing obligation shall not apply to the stocks concerned and plaice when fishing with the following gears : trapnets , pots and creels , fykenets and poundnets .


### new psychoactive substances can pose serious cross border threats to health which makes necessary to enhance monitoring , early warning and combating of those threats . ### new psychoactive substances can pose serious cross border risks to health and result in life - threatening consequences , which makes it&#160 ; necessary to enhance identification , monitoring , early warning and combating of those threats .


### new psychoactive substances that pose health and social risks across the union should be addressed at the union level . this regulation has therefore to be read in conjunction with council framework decision 2004 / 757 / jha15 [ as amended by directive … / … ] since both acts are designed to replace the mechanism established by council decision 2005 / 387 / jha . _________________ 15 council framework decision 2004 / 757 / jha of 25 october 2004 laying down minimum provisions on the constituent elements of criminal acts and penalties in the field of illicit drug trafficking . ### new psychoactive substances that pose health and social risks across the union could be addressed at the union level within the scope of synergistic provisions and by tackling common threats to public health and public order . this regulation has therefore to be read in conjunction with council framework decision 2004 / 757 / jha15 [ as amended by directive … / … ] since both acts are designed to replace the mechanism established by council decision 2005 / 387 / jha . _________________ 15 council framework decision 2004 / 757 / jha of 25 october 2004 laying down minimum provisions on the constituent elements of criminal acts and penalties in the field of illicit drug trafficking .


### any union action on new psychoactive substances should be based on scientific evidence . ### any union action on new psychoactive substances should be based on sound , unbiased and well - founded scientific evidence .


### no risk assessment should be conducted on a new psychoactive substance if it is subject to an assessment under international law , or if it is an active substance in a medicinal product or in a veterinary medicinal product . ### a framework should be adopted for targeted risk assessments that could be conducted on a new psychoactive substance even where it is subject to an assessment under international law , or where it is an active substance in a medicinal product or in a veterinary medicinal product , based on scientific evidence , reporting from member states and needs across the union .


### each member state shall ensure that its reitox national focal points and the europol national unit provide timely and without any undue delay to the centre and europol the available information on new psychoactive substances . the information shall be related to the detection and identification , use and patterns of use , potential and identified risks , manufacture , extraction , distribution , trafficking , commercial , as well as medical and scientific use of these substances . ### each member state shall ensure that its reitox national focal points and the europol national unit provide timely and without any undue delay to the centre and europol all available information on new psychoactive substances . the information shall be related to the detection and identification , use and patterns of use , potential and identified risks , manufacture , extraction , distribution , trafficking , commercial , as well as medical and scientific use of these substances .


### the centre shall respect the conditions on use of the information , which are communicated to the centre , including conditions on information and data security and protection of confidential business information . ### the centre shall respect the conditions on use of the information , which are communicated to the centre , including conditions on information and data security , protection of confidential business information , and provisions on intellectual property .


### an analysis of the health risks associated with the new psychoactive substance , in particular with respect to its acute and chronic toxicity , abuse liability , dependence - producing potential , and its physical , mental and behavioural effects ; ### an analysis of the health risks associated with the new psychoactive substance , in particular with respect to its acute and chronic toxicity , abuse liability , dependence - producing potential , and its physical , mental , emotional and behavioural effects ;


### an analysis of the social risks associated with the new psychoactive substance , in particular its impact on social functioning , public order and criminal activities , the involvement of criminal groups in the manufacture and distribution of the new psychoactive substance ; ### an analysis of the social risks associated with the new psychoactive substance , in particular its impact on social functioning , groups of the population targeted or particularly affected , public order and criminal activities , the involvement of criminal groups in the manufacture and distribution of the new psychoactive substance ;


### in order to assess whether the corrective allocation mechanism in this regulation is meeting the objective of ensuring a fair sharing of responsibility between member states and of relieving disproportionate pressure on certain member states , the commission should review the functioning of the corrective allocation mechanism and in particular verify that the threshold for the triggering and cessation of the corrective allocation effectively ensures a fair sharing of responsibility between the member states and a swift access of applicants to procedures for granting international protection in situations when a member state is confronted with a disproportionate number of applications for international protection for which it is responsible under this regulation . ### in order to assess whether the corrective allocation mechanism in this regulation is meeting the objective of ensuring a fair sharing of responsibility between member states and of relieving disproportionate pressure on certain member states , the commission should , at the request of a member state , review the functioning of the corrective allocation mechanism and in particular verify that the threshold for the triggering and cessation of the corrective allocation effectively ensures a fair sharing of responsibility between the member states and a swift access of applicants to procedures for granting international protection in situations when a member state is confronted with a disproportionate number of applications for international protection for which it is responsible under this regulation .


### member states shall prevent any double counting of emissions or removals , in particular by accounting for emissions or removals resulting from more than one land accounting category under one category only . ### member states shall prevent any double counting or concealment of emissions or removals , in particular by accounting for emissions or removals resulting from more than one land accounting category under one category only .


### the commission shall be empowered to adopt delegated acts in accordance with article 39 to specify , or adjust , in light of market and technological developments and international developments , the following elements of annexes ii and iii : ### the commission shall be empowered to adopt delegated acts in accordance with article 39 to specify , or adjust , in light of market and technological developments and international developments , the following elements of annex ii :


### the provision of a benchmark shall be operationally and functionally separated from any part of the administrator ' s business that may create an actual or potential conflict of interest . if these conflicts cannot be managed , the benchmark operator shall cease any activities or relationships that create these conflicts or cease producing the benchmark . ### the provision of a benchmark shall be operationally and functionally separated from any part of the administrator ' s business that may create an actual or potential conflict of interest .


### in order to ensure the effective application and management of the tariff quotas granted under the agreement , as well as to ensure legal certainty and equal treatment with regard to the levying of duties , certain provisions of this regulation should apply from the date of entry into force of the agreement , ### in order to ensure the effective application and management of the tariff quotas granted under the agreement , as well as to ensure legal certainty receipt of payment and equal treatment with regard to the levying of duties , certain provisions of this regulation should apply from the date of entry into force of the agreement ,


### each member state shall structure the organisation and the staff of the national unit according to its national legislation . ### each member state shall structure the organisation and the staff of the national unit according to its national legislation , taking into account this regulation and the treaties applicable in each case .


### each year the executive director shall send to the budgetary authority all information relevant to the findings of any evaluation procedures . ### each year the executive director shall send to the budgetary authority all information relevant to the findings of any evaluation procedures and also notify the court of auditors .


### the public should be able to scrutinise all the activities of a group when the group has certain establishments within the union . for groups which carry out activities within the union only through subsidiary undertakings or branches , subsidiaries and branches should publish and make accessible the report of the ultimate parent undertaking . however for reasons of proportionality and effectiveness , the obligation to publish and make accessible the report should be limited to medium - sized or large subsidiaries established in the union , or branches of a comparable size opened in a member state . the scope of directive 2013 / 34 / eu should therefore be extended accordingly to branches opened in a member state by an undertaking which is established outside the union . ### the public should be able to scrutinise all the activities of a group when the group has certain establishments and interests within the union . for groups which carry out activities within the union only through subsidiary undertakings or branches , subsidiaries and branches should publish and make accessible the report of the ultimate parent undertaking . however for reasons of proportionality and effectiveness , the obligation to publish and make accessible the report should be limited to medium - sized or large subsidiaries established or with a strong continuous presence in the union , or branches of a comparable size opened and operating in a member state . the scope of directive 2013 / 34 / eu should therefore be extended accordingly to branches opened in a member state by an undertaking which is established outside the union .


### in order to ensure a level of detail that enables citizens to better assess the contribution of multinational undertakings to welfare in each member state , the information should be broken down by member state . moreover , information concerning the operations of multinational enterprises should also be shown with a high level of detail as regards certain tax jurisdictions which pose particular challenges . for all other third country operations , the information should be given in an aggregate number . ### in order to ensure a level of detail that enables citizens to better assess and scrutinize the contribution of multinational undertakings to tax and welfare in each member state , the information should be broken down by member state as well as member states ' constituent countries and states . moreover , information concerning the operations of multinational enterprises should also be shown with a high level of detail as regards non - cooperative tax jurisdictions or certain tax jurisdictions which pose particular challenges . for all other third country operations , it should be possible to provide the information in an aggregate number .


### the report on income tax information shall be made accessible to the public on the website of the undertaking on the date of its publication . ### the report on income tax information shall be made accessible to the public in a comprehensive manner and appropriate format for an average reader on the website of the undertaking on the date of its publication .


### the report on income tax information shall be published and made accessible on the website in at least one of the official languages of the union . ### the report on income tax information shall be published and made accessible on the website in at least one of the official languages of the member state in which subsidiaries or branches of the undertaking are established or operate for the purposes of this directive , which is also an official and working language of the union .


### a brief description of the nature of the activities ; ### a brief , relevant , descriptive and factual illustration of the nature of all the activities ;


### the amount of the net turnover , which includes the turnover made with related parties ; ### the amount of the net turnover in the currency or currencies used as a medium for the respective transactions or other actions , which includes the turnover made with related parties ;


### in order to contribute to the enhancement of the competitiveness and innovation capacity of the union ' s defence industry , a european defence industrial development programme should be established . the programme should aim at enhancing the competitiveness of the union ' s defence industry inter alia cyber defence by supporting the cooperation between undertakings in the development phase of defence products and technologies . the development phase , which follows the research and technology phase , entails significant risks and costs that hamper the further exploitation of the results of research and adversely impact the competitiveness of the union ' s defence industry . by supporting the development phase , the programme would contribute to a better exploitation of the results of defence research and it would help to cover the gap between research and production as well as to promote all forms of innovation . the programme should complement activities carried out in accordance with article 182 tfeu and it does not cover the production of defence products and technologies . ### in order to contribute to the enhancement of the competitiveness and innovation capacity of the union ' s defence industry , a european defence industrial development programme should be established . the programme should aim at enhancing the competitiveness of the union ' s defence industry inter alia cyber defence by supporting the cooperation between undertakings in the development phase of defence products and technologies . the development phase , which follows the research and technology phase , entails significant risks and costs that hamper the further exploitation of the results of research and adversely impact the competitiveness of the union ' s defence industry . particularly at this stage when state economies are under heavy pressure , the citizens of the member states are questioning the expediency and scope of this initiative . by supporting the development phase , the programme would contribute to a better exploitation of the results of defence research and it would help to cover the gap between research and production as well as to promote all forms of innovation . the programme should complement activities carried out in accordance with article 182 tfeu and it does not cover the production of defence products and technologies .


### as the objective of the programme is to support the competitiveness of the union defence industry by de - risking the development phase of cooperative projects , actions related to the development of a defence product or technology , namely definition of common technical specifications , design , prototyping , testing , qualification , certification as well feasibility studies and other supporting measures , should be eligible to benefit from it . this will also apply to the upgrade of existing defence products and technologies . ### as the objective of the programme is to support the competitiveness of the union defence industry by de - risking the development phase of cooperative projects , actions related to the development of a defence product or technology , namely definition of common technical specifications , design , prototyping , testing , qualification , certification as well feasibility studies and other supporting measures , should be eligible to benefit from it . this will also apply to the upgrade of existing defence products and technologies . an important factor is also the definition of the criteria for selecting the countries to which the defence products will be made available . countries in which democratic rights and human rights are being violated will be ruled out .


### the promotion of innovation and technological development in the union defence industry should take place in a manner coherent with the security interests of the union . accordingly , the action ' s contribution to those interests and to the defence capability priorities commonly agreed by member states should serve as an award criterion . within the union , common defence capability priorities are identified notably through the capability development plan . other union processes such as the coordinated annual review on defence and the permanent structured cooperation will support the implementation of relevant priorities through enhanced cooperation . where appropriate regional or international cooperative initiatives , such as in the nato context , and serving the union security and defence interest , may also be taken into account . ### the promotion of innovation and technological development in the union defence industry should take place in a manner coherent with the security interests of the union . accordingly , the action ' s contribution to those interests and to the defence capability priorities commonly agreed by member states should serve as an award criterion . these should be free of political considerations and extend as far as possible without exceeding customers ' real requirements in order to reduce the production costs of the products in order to make them competitive . within the union , common defence capability priorities are identified notably through the capability development plan . other union processes such as the coordinated annual review on defence and the permanent structured cooperation will support the implementation of relevant priorities through enhanced cooperation . where appropriate regional or international cooperative initiatives , such as in the nato context , and serving the union security and defence interest , may also be taken into account .


### when it relates to actions defined under point to of the first paragraph , the action must be based on common technical specifications . ### when it relates to actions defined under point to of the first paragraph , the action must be based on common technical specifications . the above actions shall be carried out in a fully transparent manner .