### 1 . general 3 . 1 . 1 . a notified body shall be capable of carrying out all the tasks assigned to it by this regulation with the highest degree of professional integrity and the requisite technical competence in the specific field , whether those tasks are carried out by the notified body itself or on its behalf and under its responsibility . in particular , it shall have the necessary personnel and shall possess or have access to all equipment and facilities needed to perform properly the technical and administrative tasks entailed in the conformity assessment activities in relation to which it has been notified . this presupposes the availability within its organisation of sufficient scientific personnel who possess experience and knowledge sufficient to assess the medical functionality and performance of devices for which it has been notified , having regard to the requirements of this regulation and , in particular , those set out in annex i . 3 . 1 . 2 . at all times and for each conformity assessment procedure and each kind or category of products in relation to which it has been notified , a notified body shall have within its organisation the necessary administrative , technical and scientific personnel with technical knowledge and sufficient and appropriate experience relating to medical devices and the corresponding technologies to perform the conformity assessment tasks , including the assessment of clinical data . 3 . 1 . 3 . the notified body shall clearly document the extent and the limits of the duties , responsibilities and authorities in relation of the personnel involved in conformity assessment activities and inform the personnel concerned about it . ### 1 . general 3 . 1 . 1 . a notified body shall be capable of carrying out all the tasks assigned to it by this regulation with the highest degree of professional integrity and the requisite technical competence in the specific field , whether those tasks are carried out by the notified body itself or on its behalf and under its responsibility . in particular , it shall have the necessary personnel and shall possess or have access to all equipment and facilities needed to perform properly the technical and administrative tasks entailed in the conformity assessment activities in relation to which it has been notified . this presupposes the permanent availability within its organisation of sufficient scientific personnel who possess experience and knowledge sufficient to assess the medical functionality and performance of devices for which it has been notified , having regard to the requirements of this regulation and , in particular , those set out in annex i . 3 . 1 . 2 . at all times and for each conformity assessment procedure and each kind or category of products in relation to which it has been notified , a notified body shall have within its organisation the necessary administrative , technical and scientific personnel with pharmacological , medical and technical knowledge and sufficient and appropriate experience relating to medical devices and the corresponding technologies to perform the conformity assessment tasks , including the assessment of clinical data . 3 . 1 . 3 . the notified body shall clearly document the extent and the limits of the duties , responsibilities and authorities in relation of the personnel involved in conformity assessment activities and inform the personnel concerned about it . 3 . 1 . 3a . the notified body shall make available the list of its personnel and their expertise to the commission and , upon request , to other parties . that list shall be kept up to date .


### 2 . 3 . the personnel responsible for authorising other personnel to perform specific conformity assessment activities and the personnel with overall responsibility for the final review and decision - making on certification shall be employed by the notified body itself and shall not be subcontracted . these personnel altogether shall have proven knowledge and experience in the following : - union medical devices legislation and relevant guidance documents ; - the conformity assessment procedures in accordance with this regulation ; - a broad base of medical device technologies , the medical device industry and the design and manufacture of medical devices ; - the notified body’s quality management system and related procedures ; - the types of qualifications required for carrying out conformity assessments in relation to medical devices as well as the relevant qualification criteria ; - training relevant to personnel involved in conformity assessment activities in relation to medical devices ; - the ability to draw up certificates , records and reports demonstrating that the conformity assessments have been appropriately carried out . ### 2 . 3 . the personnel responsible for authorising other personnel to perform specific conformity assessment activities and the personnel with overall responsibility for the final review and decision - making on certification shall be employed by the notified body itself and shall not be subcontracted . these personnel altogether shall have proven knowledge and experience in the following : - union medical devices legislation and relevant guidance documents ; - the conformity assessment procedures in accordance with this regulation ; - a broad base of medical device technologies , the medical device industry and the design and manufacture of medical devices ; - the notified body’s quality management system and related procedures ; - the types of qualifications required for carrying out conformity assessments in relation to medical devices as well as the relevant qualification criteria ; - training relevant to personnel involved in conformity assessment activities in relation to medical devices ; - the ability to draw up certificates , records and reports demonstrating that the conformity assessments have been appropriately carried out . - at least three years ' appropriate experience in the field of conformity assessments within a notified body ,


### 2 . 4 . notified bodies shall have available personnel with clinical expertise . this personnel shall be integrated in the notified body ' s decision - making process in a steady way in order to : - identify when specialist input is required for the assessment of the clinical evaluation conducted by the manufacturer and identify appropriately qualified experts ; - appropriately train external clinical experts in the relevant requirements of this regulation , delegated and / or implementing acts , harmonised standards , cts and guidance documents and ensure that the external clinical experts are fully aware of the context and implication of their assessment and advice provided ; - be able to discuss the clinical data contained within the manufacturer ' s clinical evaluation with the manufacturer and with external clinical experts and to appropriately guide external clinical experts in the assessment of the clinical evaluation ; - be able to scientifically challenge the clinical data presented , and the results of the external clinical experts ' assessment of the manufacturer ' s clinical evaluation ; - be able to ascertain the comparability and consistency of the clinical assessments conducted by clinical experts ; - be able to make an objective clinical judgement about the assessment of the manufacturer ' s clinical evaluation and make a recommendation to the notified body ' s decision maker . ### 2 . 4 . clinical experts : notified bodies shall have available , on a permanent basis , personnel with expertise in clinical investigation design , medical statistics , clinical patient management , good clinical practice in the field of clinical investigations and pharmacology . this personnel shall be integrated in the notified body ' s decision - making process in a steady way in order to : - identify when specialist input is required for the assessment of the clinical investigation plans and the clinical evaluation conducted by the manufacturer and identify appropriately qualified experts ; - appropriately train external clinical experts in the relevant requirements of this regulation , delegated and / or implementing acts , harmonised standards , cts and guidance documents and ensure that the external clinical experts are fully aware of the context and implication of their assessment and advice provided ; - be able to discuss the rationale of the planned study design , the clinical investigation plans and the selection of the control intervention with the manufacturer and with external clinical experts and to appropriately guide external clinical experts in the assessment of the clinical evaluation ; - be able to scientifically challenge the clinical investigation plans and the clinical data presented , and the results of the external clinical experts ' assessment of the manufacturer ' s clinical evaluation ; - be able to ascertain the comparability and consistency of the clinical assessments conducted by clinical experts ; - be able to make an objective clinical judgement about the assessment of the manufacturer ' s clinical evaluation and make a recommendation to the notified body ' s decision maker . - provide an understanding of active substances .


### 4 . subcontractors and external experts 3 . 4 . 1 . without prejudice to the limitations emanating from section 3 . 2 . , notified bodies may subcontract clearly defined parts of the conformity assessment activities . the subcontracting of the auditing of quality management systems or of product related reviews as a whole is not allowed . 3 . 4 . 2 . where a notified body subcontracts conformity assessment activities either to an organisation or an individual , it shall have a policy describing the conditions under which subcontracting may take place . any subcontracting or consultation of external experts shall be properly documented and be subject to a written agreement covering , among others , confidentiality and conflict of interests . 3 . 4 . 3 . where subcontractors or external experts are used in the context of the conformity assessment , in particular regarding novel , invasive and implantable medical devices or technologies , the notified body shall have adequate own competence in each product area for which it is designated to lead the conformity assessment , to verify the appropriateness and validity of expert opinions and make the decision on the certification . 3 . 4 . 4 . the notified body shall establish procedures for assessing and monitoring the competence of all subcontractors and external experts used . ### 4 . subcontractors and external experts 3 . 4 . - 1 notified body shall have permanent ' in house ' competent personnel and expertise , not only in technical fields linked with the assessment of the performance of the devices , but also in the medical sector . they shall have the capacity to evaluate ' in house ' the quality of subcontractors . by derogation , the following paragraphs apply . 3 . 4 . 1 . without prejudice to the limitations emanating from section 3 . 2 . , notified bodies may subcontract clearly defined parts of the conformity assessment activities to public entities . contracts can also be awarded to external experts for the assessment of innovative medical devices or technologies where clinical expertise is limited . the subcontracting of the auditing of quality management systems or of product related reviews as a whole is not allowed . 3 . 4 . 2 . where a notified body subcontracts conformity assessment activities either to an organisation or an individual , it shall have a policy describing the conditions under which subcontracting may take place . any subcontracting or consultation of external experts shall be properly documented , be publicly available and be subject to a written agreement covering , among others , confidentiality and conflict of interests . 3 . 4 . 3 . where subcontractors or external experts are used in the context of the conformity assessment , in particular regarding novel invasive and novel implantable medical devices or technologies , the notified body shall have adequate own competence in each product area for which it is designated to lead the conformity assessment , to verify the appropriateness and validity of expert opinions and make the decision on the certification . 3 . 4 . 4 . the notified body shall establish procedures for assessing and monitoring the competence of all subcontractors and external experts used . 3 . 4 . 4a . the policy and procedures under points 3 . 4 . 2 and 3 . 4 . 4 shall be communicated to the national authority before any subcontracting takes place .


### 5 . 2 . it shall review the competence of its personnel and identify training needs in order to maintain the required level of qualification and knowledge . ### 5 . 2 . it shall review the competence of its personnel and identify training needs and ensure that necessary measures are taken accordingly , in order to maintain the required level of qualification and knowledge .


### the notified body shall provide the manufacturer with an inspection report which shall include , if applicable , the result of the sample check . ### the notified body shall provide the manufacturer with an inspection report which shall include , if applicable , the result of the sample check . this report shall be made public .


### the conclusions of the pmcf evaluation report shall be taken into account for the clinical evaluation referred to in article 49 and part a of this annex and in the risk management referred to in section 2 of annex i . if through the pmcf the need for corrective measures has been identified , the manufacturer shall implement them . ### the conclusions of the pmcf evaluation report , and where applicable its review by an independent scientific body as referred to in paragraph 3 , shall be taken into account for the clinical evaluation referred to in article 49 and part a of this annex and in the risk management referred to in section 2 of annex i . if through the pmcf the need for corrective measures has been identified , the manufacturer shall implement them .


### 1 . clinical investigations shall be performed on the basis of an appropriate plan of investigation reflecting the latest scientific and technical knowledge and defined in such a way as to confirm or refute the manufacturer ' s claims for the device as well as the safety , performance and benefit / risk related aspects referred to in article 50 ; these investigations shall include an adequate number of observations to guarantee the scientific validity of the conclusions . ### 1 . clinical investigations shall be performed on the basis of an appropriate plan of investigation reflecting the latest scientific and technical knowledge and defined in such a way as to confirm or refute the technical performance of the device , the clinical safety and efficacy of the device when used for the intended purpose in the target population and in accordance with the instructions of use , and the manufacturer ' s claims for the device as well as the safety , performance and benefit / risk related aspects referred to in article 50 ; these investigations shall include an adequate number of observations to guarantee the scientific validity of the conclusions .


### 3 . clinical investigations shall be performed in circumstances similar to the normal conditions of use of the device . ### 3 . clinical investigations shall be performed in circumstances similar to the normal conditions of use of the device for the intended purpose in the target population .


### 11 . summary of the clinical investigation plan of the clinical investigation , number and gender of subjects , criteria for subject selection , subjects under 18 years of age , design of the investigation such as controlled and / or randomised studies , planned dates of commencement and of completion of the clinical investigation ) . ### 11 . summary of the clinical investigation plan of the clinical investigation , number and gender of subjects , criteria for subject selection , subjects under 18 years of age , design of the investigation such as controlled and / or randomised studies , planned dates of commencement and of completion of the clinical investigation ) . as randomized controlled investigations usually generate a higher level of evidence for clinical efficacy and safety , the use of any other design or study has to be justified . also the choice of the control intervention shall be justified . both justifications shall be provided by independent experts with the necessary qualifications and expertise .


### this regulation should provide sufficient safeguards against abuse of the order . in particular , unless the creditor already has a judgment enforceable in the member state of enforcement , the court should be able to require the creditor to provide security to ensure compensation for any damage suffered by the debtor as a result of an unjustified order . the conditions under which the creditor will be liable to compensate the debtor for such damage should be governed by national law . where the law of a member state does not provide for a statutory liability of the claimant , this regulation should not preclude the recourse to measures with equivalent effect , such as the obligation on the claimant to give an undertaking as to damages . ### this regulation should provide sufficient safeguards against abuse of the order . in particular , unless the creditor already has a judgment enforceable in the member state of enforcement , the court should require the creditor to provide security to ensure compensation for any damage suffered by the debtor as a result of an unjustified order . the detailed conditions under which the creditor will be liable to compensate the debtor for such damage should be governed by national law but member states should ensure that provisions are in place to compensate victims of an abuse of the order .


### in order to ensure a swift enforcement of the account preservation order , the regulation should provide that the transmission of the order from the issuing court to the bank is effected by means of direct service as set out in regulation no 1393 / 2007 on the service of judicial and extrajudicial documents in the member states . this regulation should also provide appropriate rules for the implementation of the order by the bank and oblige the bank to declare whether the order has successfully caught any funds of the debtor . ### in the event that a claimant has already obtained a judgment or other enforceable title on the substance , and in order to ensure a swift enforcement of the account preservation order , the regulation should provide that the transmission of the order from the issuing court to the bank is effected by means of direct service as set out in regulation no 1393 / 2007 on the service of judicial and extrajudicial documents in the member states . this regulation should also provide appropriate rules for the implementation of the order by the bank and oblige the bank to declare whether the order has successfully caught any funds of the debtor .


### the debtor ' s right to a fair trial should be safeguarded in the proceedings for the account preservation order . this notably requires that the order and all documents submitted by the claimant be served on the defendant promptly after its implementation and that the defendant can apply for a review of the order . jurisdiction for the review should lie with the court having issued the order except if aspects of enforcement are contested . however , if the defendant is a consumer , employee or insured , he should be able to apply for a review of the order before the courts in the member state of his domicile . the debtor should also have the right to release the funds in the account is he provides alternative security . ### the debtor ' s right to a fair trial should be safeguarded in the proceedings for the account preservation order . this notably requires that the order and all documents submitted by the claimant be served on the defendant promptly after its implementation and that the defendant can apply for a review of the order . jurisdiction for the review of the order itself should lie with the court having issued the order except if aspects of enforcement are contested . however , the defendant should be able to apply for a review of the order before the courts in a member state where he holds accounts as regards enforcement of the order in that member state . the debtor should also have the right to release the funds in the account if he provides alternative security .


### before issuing an eapo , the court may require the provision of a security deposit or an equivalent assurance by the claimant to ensure compensation for any damage suffered by the defendant to the extent the claimant is liable to compensate such damage under national law . ### before issuing an eapo , the court shall require the provision of a security deposit or an equivalent assurance by the claimant to ensure compensation for any damage suffered by the defendant . the claimant shall be liable to compensate such damage should the court which issued the eapo decide , upon review , that the claimant wrongfully applied for an eapo .


### an eapo issued in one member state pursuant to article 6 and article 14 shall be recognised and enforceable in other member states without the need for a declaration of enforceability and without any possibility of opposing its recognition . ### an eapo issued in one member state in cases referred to in article 5 and article 14 shall be recognised and enforceable in other member states without the need for a declaration of enforceability and without any possibility of opposing its recognition .


### remedies of the defendant in the member state of origin ### the right of the defendant to a review of the eapo


### the application for a review shall be addressed to the court which issued the order . the application shall be submitted using the form set out in annex iv and by any means of communication , including electronic . ### the application for a review of the eapo as it applies across the union shall be addressed to the court which issued the order . the application shall be submitted using the form set out in annex iv and by any means of communication , including electronic .


### if in special circumstances , it is decided to initiate an investigation without having received a written complaint by or on behalf of the community industry for the initiation of such investigation , this shall be done on the basis of sufficient evidence of dumping , injury and a causal link , as described in paragraph 2 , to justify such initiation . ### in article 5 , paragraph 6 is replaced by the following : 6 . if , in special circumstances , in particular in cases in which the industry sectors concerned consist largely of smes and are typically extremely diverse and fragmented , it is decided to initiate an investigation without having received a written complaint by or on behalf of the community industry for the initiation of such investigation , this shall be done on the basis of sufficient evidence of dumping , injury and a causal link , as described in paragraph 2 , to justify such initiation .


### if , in special circumstances , the commission decides to initiate an investigation without having received a written complaint by or on behalf of the community industry for the initiation of such investigation , this shall be done on the basis of sufficient evidence of the existence of countervailable subsidies , injury and causal link , as described in paragraph 2 , to justify such initiation . ### in article 10 , paragraph 8 is replaced by the following : ‘ 8 . if , in special circumstances , in particular in cases in which the industry sectors concerned are typically extremely diverse and fragmented and consist largely of smes , the authorities decide to initiate an investigation without having received a written complaint by or on behalf of the community industry for the initiation of such investigation , this shall be done on the basis of sufficient evidence of the existence of dumping , injury and causal link , as described in paragraph 2 , to justify such initiation’ .


### for proceedings initiated pursuant to article 5 , an investigation shall , whenever possible , be concluded within one year . in any event , such investigations shall in all cases be concluded within 15 months of initiation , in accordance with the findings made pursuant to article 8 for undertakings or the findings made pursuant to article 9 for definitive action . ### in article 6 , paragraph 9 is replaced by the following : 9 . for proceedings initiated pursuant to article 5 , an investigation shall , whenever possible , be concluded within nine months . in any event , such investigations shall in all cases be concluded within 12 months of initiation , in accordance with the findings made pursuant to article 8 for undertakings or the findings made pursuant to article 9 for definitive action .


### for proceedings initiated pursuant to article 10 , an investigation shall , whenever possible , be concluded within one year . in any event , such investigations shall in all cases be concluded within 13 months of their initiation , in accordance with the findings made pursuant to article 13 for undertakings or the findings made pursuant to article 15 for definitive action . ### in article 11 , paragraph 9 is replaced by the following : ‘ 9 . for proceedings initiated pursuant to article 10 , an investigation shall , whenever possible , be concluded within nine months . in any event , such investigations shall in all cases be concluded within 10 months of their initiation , in accordance with the findings made pursuant to article 13 for undertakings or the findings made pursuant to article 15 for definitive action . ’


### the amount of the provisional anti - dumping duty shall not exceed the margin of dumping as provisionally established . unless structural raw material distortions were found to exist with regard to the product concerned in the exporting country , it should be less than the margin of dumping if such lesser duty would be adequate to remove the injury to the union industry . ### the amount of the provisional anti - dumping duty shall not exceed the margin of dumping as provisionally established , but it should be less than the margin if such lesser duty would be adequate to remove the injury to the community industry . 2b ) such a lesser duty shall not apply in any of the following circumstances : - structural distortions or significant state interferences regarding , inter alia , prices , costs and inputs , including for instance raw materials and energy , research and labour , outputs , sales and investments , currency exchange rate and fair trade finance conditions , were found to exist with regard to the product concerned in the exporting country ; - the exporting country does not have a sufficient level of social and environmental standards , where sufficient levels are determined on the basis of the ratification and effective implementation by the third country of multilateral environmental agreements , and protocols thereunder , the eu is party to at any point in time and of ilo conventions listed in annex i ; - the complainant represents a diverse and fragmented industry , largely composed of small - and - medium - sized enterprises ; - the investigation or a separate anti - subsidy investigation has established at least provisionally that the exporting country provides one or more subsidies to exporting producers of the product concerned . 2 c ) however , such a lesser duty shall always be granted when structural raw materials distortions are found to exist with regard to the product concerned in the exporting country and such country is a least - developed country listed in annex iv to regulation no 978 / 2012 of the european parliament and of the council .


### the amount of the anti - dumping duty shall not exceed the margin of dumping established . unless structural raw material distortions were found to exist with regard to the product concerned in the exporting country , it shall be less than the margin of dumping if such lesser duty would be adequate to remove the injury to the union industry . ### the amount of the anti - dumping duty shall not exceed the margin of dumping established but it should be less than the margin if such lesser duty would be adequate to remove the injury to the community industry . 2 b ) such a lesser duty shall not apply in any of the following circumstances : - structural distortions or significant state interferences regarding , inter alia , prices , costs and inputs , including for instance raw materials and energy , research and labour , outputs , sales and investments , currency exchange rate and fair trade finance conditions , were found to exist with regard to the product concerned in the exporting country ; - the exporting country does not have a sufficient level of social and environmental standards , where sufficient levels are determined on the basis of the ratification and effective implementation by the third country of multilateral environmental agreements , and protocols thereunder , the eu is party to at any point in time and of ilo conventions listed in annex i ; - the complainant represents a diverse and fragmented industry , largely composed of small - and - medium - sized enterprises ; - the investigation or a separate anti - subsidy investigation has established that the exporting country provides one or more subsidies to exporting producers of the product concerned . 2 c ) however , such a lesser duty shall always be granted when structural raw materials distortions are found to exist with regard to the product concerned in the exporting country and such country is a least - developed country listed in annex iv to regulation no 978 / 2012 of the european parliament and of the council .


### upon condition that a provisional affirmative determination of dumping and injury has been made , the commission may accept satisfactory voluntary undertaking offers submitted by any exporter to revise its prices or to cease exports at dumped prices , if , after specific consultation of the advisory committee , it is satisfied that the injurious effect of the dumping is thereby eliminated . in such a case and as long as such undertakings are in force , provisional duties imposed by the commission in accordance with article 7 or definitive duties imposed by the council in accordance with article 9 as the case may be shall not apply to the relevant imports of the product concerned manufactured by the companies referred to in the commission decision accepting undertakings , as subsequently amended . price increases under such undertakings shall not be higher than necessary to eliminate the margin of dumping and they should be less than the margin of dumping if such increases would be adequate to remove the injury to the community industry . ### article 8 shall be replaced by the following : upon condition that a provisional affirmative determination of dumping and injury has been made , the commission may accept voluntary undertaking offers submitted by any exporter to revise its prices or to cease exports at dumped prices , after specific consultation of the advisory committee , provided that such offers effectively eliminate the injurious effect of the dumping . in such a case and as long as such undertakings are in force , provisional duties imposed by the commission in accordance with article 7 or definitive duties imposed by the council in accordance with article 9 as the case may be shall not apply to the relevant imports of the product concerned manufactured by the companies referred to in the commission decision accepting undertakings , as subsequently amended . price increases under such undertakings shall not be higher than necessary to eliminate the margin of dumping and they should be less than the margin of dumping if such increases would be adequate to remove the injury to the union industry , except when : - structural distortions or significant state interferences regarding , inter alia , prices , costs and inputs , including for instance raw materials and energy , research and labour , outputs , sales and investments , currency exchange rate and fair trade finance conditions , were found to exist with regard to the product concerned in the exporting country ; - the exporting country does not have a sufficient level of social and environmental standards , where sufficient levels are determined on the basis of the ratification and effective implementation by the third country of the multilateral environmental agreements , and protocols thereunder , the eu is party to at any point in time and of ilo conventions listed in annex i ; - the complainant represents a diverse and fragmented industry , largely composed of small - and - medium - sized enterprises ; - the investigation or a separate anti - subsidy investigation has established that the exporting country provides one or more subsidies to exporting producers of the product concerned . however , the lesser duty shall always be granted when structural raw materials distortions are found to exist with regard to the product concerned in the exporting country and such country is a least - developed country listed in annex iv to regulation no 978 / 2012 of the european parliament and of the council .


### parties which offer an undertaking shall be required to provide a non - confidential version of such undertaking , so that it may be made available to interested parties to the investigation . ### article 8 shall be replaced by the following : 4 . parties which offer an undertaking shall be required to provide a meaningful non - confidential version of such undertaking , including disclosure of its content and nature , so that it may be made available to interested parties to the investigation . the commission shall also share such non - confidential version of the undertaking with the european parliament and the council .


### parties which offer an undertaking shall be required to provide a non - confidential version of such undertaking , so that it may be made available to interested parties to the investigation . ### article 13 shall be replaced by the following : 4 . parties which offer an undertaking shall be required to provide a meaningful non - confidential version of such undertaking , including disclosure of its content and nature , so that it may be made available to interested parties to the investigation . the commission shall also share such non - confidential version of the undertaking with the european parliament and the council .


### the commission may , after consultation of the advisory committee , direct the customs authorities to take the appropriate steps to register imports , so that measures may subsequently be applied against those imports from the date of such registration . imports may be made subject to registration following a request from the community industry which contains sufficient evidence to justify such action . registration shall be introduced by regulation which shall specify the purpose of the action and , if appropriate , the estimated amount of possible future liability . imports shall not be made subject to registration for a period longer than nine months . ### article 14 shall be replaced by the following : 5 . the commission may , after consultation of the advisory committee , direct the customs authorities to take the appropriate steps to register imports , so that measures may subsequently be applied against those imports from the date of such registration . imports shall be made subject to registration following a request from the community industry which contains sufficient evidence to justify such action . imports may also be made subject to registration on the commission ' s own initiative . imports shall be made subject to registration from the date of initiation of the investigation where the complaint of the community industry contains a request for registration and sufficient evidence to justify such action . registration shall be introduced by regulation which shall specify the purpose of the action and , if appropriate , the estimated amount of possible future liability . imports shall not be made subject to registration for a period longer than nine months .


### the commission may , after consultation of the advisory committee , direct the customs authorities to take the appropriate steps to register imports , so that measures may subsequently be applied against those imports from the date of such registration . imports may be made subject to registration following a request from the community industry which contains sufficient evidence to justify such action . registration shall be introduced by regulation which shall specify the purpose of the action and , if appropriate , the estimated amount of possible future liability . imports shall not be made subject to registration for a period longer than nine months . ### article 24 shall be replaced by the following : 5 . the commission may , after consultation of the advisory committee , direct the customs authorities to take the appropriate steps to register imports , so that measures may subsequently be applied against those imports from the date of such registration . imports shall be made subject to registration following a request from the community industry which contains sufficient evidence to justify such action . imports may also be made subject to registration on the commission ' s own initiative . imports shall be made subject to registration from the date of initiation of the investigation where the complaint of the community industry contains a request for registration and sufficient evidence to justify such action . registration shall be introduced by regulation which shall specify the purpose of the action and , if appropriate , the estimated amount of possible future liability . imports shall not be made subject to registration for a period longer than nine months .


### the union producers , importers and exporters and their representative associations , and representatives of the exporting country , may request information on the planned imposition of provisional duties . requests for such information shall be made in writing within the time limit prescribed in the notice of initiation . such information shall be provided to those parties , at least two weeks before the expiry of the deadline mentioned in article 7 for the imposition of provisional duties . such information shall include : ### the union producers , importers and exporters and their representative associations , and representatives of the exporting country , may request information on the planned imposition of provisional duties . requests for such information shall be made in writing within the time limit prescribed in the notice of initiation . such information shall be provided to those parties , not earlier than two weeks before the expiry of the deadline mentioned in article 7 for the imposition of provisional duties . the commission shall publish a notice on the official journal of the european union saying that such information has been disclosed for the purpose of registration of imports pursuant to article 14 and possible retroactive application of duties pursuant to article 10 . such information shall include :


### upon condition that a provisional affirmative determination of subsidisation and injury has been made , the commission may accept satisfactory voluntary undertakings offers under which : the country of origin and / or export agrees to eliminate or limit the subsidy or take other measures concerning its effects ; or any exporter undertakes to revise its prices or to cease exports to the area in question as long as such exports benefit from countervailable subsidies , so that the commission , after specific consultation of the advisory committee , is satisfied that the injurious effect of the subsidies is thereby eliminated . in such a case and as long as such undertakings are in force , the provisional duties imposed by the commission in accordance with article 12 and the definitive duties imposed by the council in accordance with article 15 shall not apply to the relevant imports of the product concerned manufactured by the companies referred to in the commission decision accepting undertakings and in any subsequent amendment of such decision . price increases under such undertakings shall not be higher than is necessary to offset the amount of countervailable subsidies , and should be less than the amount of countervailable subsidies if such increases would be adequate to remove the injury to the community industry ### article 13 is amended as follows : upon condition that a provisional affirmative determination of subsidisation and injury has been made , the commission may accept voluntary undertakings offers under which : the country of origin and / or export agrees to eliminate or limit the subsidy or take other measures concerning its effects ; or any exporter undertakes to revise its prices or to cease exports to the area in question as long as such exports benefit from countervailable subsidies , provided that the commission , after specific consultation of the advisory committee , has determined that the injurious effect of the subsidies is thereby effectively eliminated . in such a case and as long as such undertakings are in force , the provisional duties imposed by the commission in accordance with article 12 and the definitive duties imposed by the council in accordance with article 15 shall not apply to the relevant imports of the product concerned manufactured by the companies referred to in the commission decision accepting undertakings and in any subsequent amendment of such decision . the lesser duty rule shall not apply to prices agreed under such undertakings in the framework of anti - subsidy proceedings .


### in order to ensure that partners can swiftly be reinstated in annex i to that regulation as soon as they have taken the necessary steps towards ratification of their respective agreements , and pending their entry into force , 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 european commission in respect of reinstating the countries removed from annex i through this regulation . it is of particular importance that the european commission carry out appropriate consultations during its preparatory work , including at expert level . the european commission , when preparing and drawing - up delegated acts , should ensure a simultaneous , timely and appropriate transmission of relevant documents to the european parliament and the council , ### in order to ensure that partners can swiftly be reinstated in annex i to that regulation as soon as they have taken the necessary steps towards ratification of their respective agreements , and pending their entry into force , 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 in respect of reinstating the countries removed from annex i through this regulation . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level . the commission , when preparing and drawing up delegated acts , should ensure a simultaneous , timely and appropriate transmission of relevant documents to the european parliament and to the council . the commission should provide full information and documentation on its meetings with national experts within the framework of its work on the preparation and implementation of delegated acts . the commission should invite parliament ' s experts to attend those meetings ,


### non - discrimination on sex , racial or ethnic origin religion or belief , disability , age or sexual orientation and equality between women and men are values common to the member states . combating all forms of discrimination is an ongoing goal which requires coordinated action , including by the allocation of funding . ### pursuant to articles 2 and 3 of the treaty on european union , articles 8 , 10 and 19 of the treaty on the functioning of the european union and article 21 of the charter , the union should combat discrimination on any grounds , in particular sex , racial or ethnic origin , language , nationality or membership of a national minority , religion or belief , disability , age or sexual orientation and ensure equality between women and men , as well as the protection of the rights of persons with disabilities , which is an obligation derived from the accession of the union to the un convention on the rights of persons with disabilities . mainstreaming equality and building an inclusive society by combating all forms of discrimination , intolerance and hatred are ongoing goals which require coordinated action , including by the allocation of sufficient funding .


### this regulation establishes the european union programme on rights and citizenship , hereinafter referred to as ' the programme ' . ### this regulation establishes the equality , rights and citizenship programme , hereinafter referred to as ' the programme ' .


### to empower consumers and businesses to trade and purchase in trust within the internal market by enforcing the rights deriving from the union consumer legislation and by supporting the freedom to conduct business in the internal market through cross - border transactions . ### to empower citizens to enforce their rights to the freedom to move and reside freely , work , study and conduct business within the internal market .


### training activities , such as staff exchanges , workshops , seminars , train - the - trainers events , development of online / other training modules ; ### training activities , such as staff exchanges , workshops , seminars , train - the - trainers events , development of online / other training modules ; these activities should include a gender dimension and an anti - discrimination perspective ;


### support for main actors , such as support for member states when implementing union law and policies ; support for key european level networks whose activities are linked to the implementation of the objectives of the programme ; networking among specialised bodies and organisations , national , regional and local authorities at european level ; funding of experts ' networks ; funding of european level observatories . ### support for main actors whose activities contribute to the implementation of the objectives of the programme , such as support for member states when implementing union law and policies ; support with action grants and operating grants for key european organisations and networks ; support actions and networking activities of cross - border nature ; funding of experts ' networks ; funding of european level observatories .


### the benefits arising from a single market for electronic communications should extend to the wider digital ecosystem that includes union equipment manufacturers , content and application providers and the wider economy , covering sectors such as banking , automotive , logistics , retail , energy and transport , which rely on connectivity to enhance their productivity through , for example , ubiquitous cloud applications , connected objects and possibilities for integrated service provision for different parts of the company . public administrations and the health sector should also benefit from a wider availability of e - government and e - health services . the offer of cultural content and services , and cultural diversity in general , may be also enhanced in a single market for electronic communications . the provision of connectivity through electronic communications networks and services is of such importance to the wider economy and society that unjustified sector - specific burdens , whether regulatory or otherwise , should be avoided . ### the benefits arising from a single market for electronic communications should extend to the wider digital ecosystem that includes union equipment manufacturers , content , application and software providers and the wider economy , covering sectors such as banking , automotive , logistics , retail , energy and transport , which rely on connectivity to enhance their productivity through , for example , ubiquitous cloud applications , connected objects and possibilities for integrated service provision for different parts of the company . public administrations and the health sector should also benefit from a wider availability of e - government and e - health services . the offer of cultural content and services , and cultural diversity in general , may be also enhanced in a single market for electronic communications . the provision of connectivity through electronic communications networks and services is of such importance to the wider economy and society that unjustified sector - specific burdens , whether regulatory or otherwise , should be avoided .


### in an open internet , providers of electronic communications to the public should , within contractually agreed limits on data volumes and speeds for internet access services , not block , slow down , degrade or discriminate against specific content , applications or services or specific classes thereof except for a limited number of reasonable traffic management measures . such measures should be transparent , proportionate and non - discriminatory . reasonable traffic management encompasses prevention or impediment of serious crimes , including voluntary actions of providers to prevent access to and distribution of child pornography . minimising the effects of network congestion should be considered reasonable provided that network congestion occurs only temporarily or in exceptional circumstances . ### in an open internet , providers of electronic communications to the public should not block , slow down , degrade or discriminate against specific content , applications or services or specific classes thereof except for a limited number of reasonable traffic management measures . such measures should be transparent , proportionate and non - discriminatory . reasonable traffic management encompasses minimising the effects of network congestion , provided that network congestion occurs only temporarily or in exceptional circumstances . the use of legislation to influence traffic does not fall with the scope of the definition of traffic management .


### citizens and businesses have the right and the possibility to access competitive , secure and reliable electronic communications services , irrespective of where they are provided from in the union , without being hampered by cross - border restrictions or unjustified additional costs . ### citizens and businesses have the right and the possibility to access competitive , secure and reliable electronic communications services , irrespective of where they are provided from in the union , without being hampered by cross - border restrictions or unjustified additional costs and penalties .


### ' internet access service ' means a publicly available electronic communications service that provides connectivity to the internet , and thereby connectivity between virtually all end points connected to the internet , irrespective of the network technology used ; ### ' open internet access service ' means a publicly available electronic communications service that provides connectivity to the internet , and thereby connectivity between virtually all end points connected to the internet , irrespective of the network technology used ; the member states shall impose reasonable minimum requirements on the service quality of open internet access services , reflecting technological progress ; an open internet access service enables end - users to use any internet - based application in accordance with the best effort principle ; the only permissible derogation from this principle is proportionate , justified traffic management , in cases where the conditions for its use are clearly defined ;


### ' specialised service ' means an electronic communications service or any other service that provides the capability to access specific content , applications or services , or a combination thereof , and whose technical characteristics are controlled from end - to - end or provides the capability to send or receive data to or from a determined number of parties or endpoints ; and that is not marketed or widely used as a substitute for internet access service ; ### ' specialised service ' means an electronic communications service or any other service that operates within a closed electronic communications network using the internet protocol , relying on admission control , and that is not used as a substitute for internet access service ; furthermore , its function is different from services that are provided via the public internet .


### a european electronic communications provider has the right to provide electronic communications networks and services in the whole union and to exercise the rights linked to the provision of such networks and services in each member state where it operates pursuant to a single eu authorisation which is subject only to the notification requirements provided in article 4 . ### any electronic communications provider has the right to provide electronic communications networks and services in the whole union and to exercise the rights linked to the provision of such networks and services in each member state where it operates pursuant to a single eu authorisation which is subject only to the notification requirements provided in article 4 .


### respect of the rules on protection of privacy , personal data , security and integrity of networks and transparency in conformity with union law . ### respect of the rules on protection of privacy , personal data , the principle of ' data protection by design’ , security and integrity of networks and transparency in conformity with union law .


### article 19 assured service quality connectivity product any operator shall have the right to provide a european asq connectivity product as specified in paragraph 4 . any operator shall meet any reasonable request to provide a european asq connectivity product as specified in paragraph 4 submitted in writing by an authorised provider of electronic communications services . any refusal to provide a european asq product shall be based on objective criteria . the operator shall state the reasons for any refusal within one month from the written request . it shall be deemed to be an objective ground of refusal that the party requesting the supply of a european asq connectivity product is unable or unwilling to make available , whether within the union or in third countries , a european asq connectivity product to the requested party on reasonable terms , if the latter so requests . where the request is refused or agreement on specific terms and conditions , including price , has not been reached within two months from the written request , either party is entitled to refer the issue to the relevant national regulatory authority pursuant to article 20 of directive 2002 / 21 / ec . in such a case , article 3 of this regulation may apply . the provision of a connectivity product shall be considered as the provision of a european asq connectivity product if it is supplied in accordance with the minimum parameters listed in annex ii and cumulatively meets the following substantive requirements : ability to be offered as a high quality product anywhere in the union ; enabling service providers to meet the needs of their end - users ; cost - effectiveness , taking into account existing solutions that may be provided on the same networks ; operational effectiveness , in particular in respect of limiting to the extent possible implementation obstacles and deployment costs for customers ; and ensuring that the rules on protection of privacy , personal data , security and integrity of networks and transparency in accordance with union law are respected . the commission shall be empowered to adopt delegated acts in accordance with article 32 in order to adapt annex ii in light of market and technological developments , so as to continue to meet the substantive requirements listed in paragraph 4 . ### deleted


### end - users shall be free to access and distribute information and content , run applications and use services of their choice via their internet access service . ### end - users shall the right to access , transfer and distribute information and content , run applications , connect hardware and use services and software of their choice . internet access providers cannot block , discriminate against , impair or degrade , including through price surcharge or preferential treatment , the ability of any end - user to use a service to access , use , send , post , receive or offer any content , application or service of their choice , irrespective of source or target . providers of internet access services may however offer agreements that differentiate according to data volumes and speeds , as long as no discrimination based on the content , application or service themselves , or specific classes thereof , is put in place . providers of internet access services shall not make the prices of these services dependent on the content , applications and services that are offered or used via these internet access services .


### end - users shall be free to access and distribute information and content , run applications and use services of their choice via their internet access service . ### open internet access shall be fully guaranteed in accordance with article 2 , so as to enable end - users to access and distribute any information and content they choose , run applications and use services and terminal devices of their choice via their open internet access service , irrespective of the source or destination of such information , content , applications or services . access network operators shall be subject to a general forwarding obligation in accordance with the best effort principle .


### end - users shall be free to access and distribute information and content , run applications and use services of their choice via their internet access service . ### end - users shall have the right to access and distribute information and content , run all the applications and use all the services of their choice via their internet access service with the hardware and software of their choice .


### national regulatory authorities shall closely monitor and ensure the effective ability of end - users to benefit from the freedoms provided for in article 23&#160 ; and , compliance with article 23&#160 ; , and the continued availability of non - discriminatory internet access services at levels of quality that reflect advances in technology and that are not impaired by specialised services . they shall , in cooperation with other competent national authorities , also monitor the effects of specialised services on cultural diversity and innovation . national regulatory authorities shall report on an annual basis to the commission and berec on their monitoring and findings . ### national regulatory authorities , in cooperation with the national data protection authority , shall closely monitor and ensure the effective ability of end - users to benefit from the rights and freedoms provided for in article 23&#160 ; and , compliance with article 23&#160 ; , and the continued availability of non - discriminatory internet access services at levels of quality that reflect advances in technology and that are not impaired by specialised services . they shall , in cooperation with other competent national authorities , also monitor the effects of specialised services on cultural diversity and innovation , the economy and society . national regulatory authorities and national data protection authorities shall report on an annual basis to the public , the commission , the european data protection supervisor and berec on their monitoring and findings .


### the information shall be published in a clear , comprehensive and easily accessible form in the official language of the member state where the service is offered , and be updated regularly . the information shall , on request , be supplied to the relevant national regulatory authorities in advance of its publication . any differentiation in the conditions applied to consumers and other end - users shall be made explicit . ### the information shall be published in a clear , comprehensive and easily accessible form in the official language of the member state where the service is offered , and be updated regularly . the information shall , on request , be supplied to the relevant national regulatory authorities in advance of its publication . national data protection authorities may examine the traffic management measures . any differentiation in the conditions applied to consumers and other end - users shall be made explicit .


### end - users shall have access to independent evaluation tools allowing them to compare the performance of electronic communications network access and services and the cost of alternative usage patterns . to this end member states shall establish a voluntary certification scheme for interactive websites , guides or similar tools . certification shall be granted on the basis of objective , transparent and proportionate requirements , in particular independence from any provider of electronic communications to the public , the use of plain language , the provision of complete and up - to - date information , and the operation of an effective complaints handling procedure . where certified comparison facilities are not available on the market free of charge or at a reasonable price , national regulatory authorities or other competent national authorities shall make such facilities available themselves or through third parties in compliance with the certification requirements . the information published by providers of electronic communications to the public shall be accessible , free of charge , for the purposes of making available comparison facilities . ### end - users shall have access to independent evaluation tools allowing them to compare the performance of electronic communications network access and services and the cost of alternative usage patterns . to this end member states shall establish a voluntary certification scheme for interactive websites , guides or similar tools . certification shall be granted on the basis of objective , transparent and proportionate requirements , in particular independence from any provider of electronic communications to the public , the use of plain language , the provision of complete and up - to - date information , and the operation of an effective complaints handling procedure . where certified comparison facilities are not available on the market free of charge or at a reasonable price , national regulatory authorities or other competent national authorities , taking account of open source software , shall make such facilities available themselves or through third parties in compliance with the certification requirements . the information published by providers of electronic communications to the public shall be accessible , free of charge and in open data formats , for the purposes of making available comparison facilities .


### ' 1 . member states shall ensure that , when subscribing to services providing connection to a public communications network and / or publicly available electronic communications services , consumers , and other end - users so requesting , have a right to a contract with an undertaking or undertakings providing such connection and / or services . the contract shall specify in a clear , comprehensive and easily accessible form at least : the identity and address of the undertaking ; the services provided , including in particular , whether or not access to emergency services and caller location information is being provided , and any limitations on the provision of emergency services under article 26 , information on any other conditions limiting access to and / or use of services and applications , where such conditions are permitted under national law in accordance with community law , — the minimum service quality levels offered , namely the time for the initial connection and , where appropriate , other quality of service parameters , as defined by the national regulatory authorities , — information on any procedures put in place by the undertaking to measure and shape traffic so as to avoid filling or overfilling a network link , and information on how those procedures could impact on service quality , — the types of maintenance service offered and customer support services provided , as well as the means of contacting these services , — any restrictions imposed by the provider on the use of terminal equipment supplied ; where an obligation exists under article 25 , the subscriber’s options as to whether or not to include his or her personal data in a directory , and the data concerned ; details of prices and tariffs , the means by which up - to - date information on all applicable tariffs and maintenance charges may be obtained , payment methods offered and any differences in costs due to payment method ; the duration of the contract and the conditions for renewal and termination of services and of the contract , including : any minimum usage or duration required to benefit from promotional terms ; — any charges related to portability of numbers and other identifiers , — any charges due on termination of the contract , including any cost recovery with respect to terminal equipment , any compensation and the refund arrangements which apply if contracted service quality levels are not met ; the means of initiating procedures for the settlement of disputes in accordance with article 34 ; the type of action that might be taken by the provider in reaction to security or integrity incidents or threats and vulnerabilities . member states may also require that the contract include any information which may be provided by the relevant public authorities for this purpose on the use of electronic communications networks and services to engage in unlawful activities or to disseminate harmful content , and on the means of protection against risks to personal security , privacy and personal data , referred to in article 21 and relevant to the service provided . ' ### article 20c is amended as follows : ' 1 . member states shall ensure that , when subscribing to services providing connection to a public communications network and / or publicly available electronic communications services , consumers , and other end - users so requesting , have a right to a contract with an undertaking or undertakings providing such connection and / or services . the contract shall specify in a clear , comprehensive and easily accessible form at least : the identity , address and contact information of the undertaking and , if different , the address and contact information for any complaints ; the main characteristics of the services provided , in particular : – the specific tariff plan or tariff plans to which the contract applies and , for each such tariff plan , the types of services offered , including the volumes of communications ; – in the case of tariff plans with a pre - set volume of communications , the possibility for consumers to defer any unused volume from the preceding billing period ; – access to emergency services and caller location information for all relevant services offered , any limitations on the provision of emergency services under article 26 , and any changes thereto ; – the minimum service quality levels offered , namely the time for the initial connection and , where appropriate , other quality of service parameters , as defined by the national regulatory authorities ; – the types of after - sales services , maintenance service and customer support services provided , the conditions and charges for these services , as well as the means of contacting these services ; any restrictions imposed by the provider on the use of terminal equipment supplied , including information on unlocking the terminal equipment and any charges involved if the contract is terminated before the end of the minimum contract period ; – on demand , free of charge , and provided that no technical incompatibility has been identified , the technical information necessary for the end - user to ensure the proper functioning of his or her chosen terminal equipment for all the services foreseen in his or her contract ; where an obligation exists under article 25 , the subscriber’s options as to whether or not to include his or her personal data in a directory , and the data concerned ; details of prices and tariffs , including taxes and additional charges that may possibly be levied , the means by which up - to - date information on all applicable tariffs and maintenance charges may be obtained ; payment methods offered and any differences in costs due to payment method , and available facilities to safeguard bill transparency and monitor the level of consumption ; the duration of the contract and the conditions for renewal and termination of services and of the contract , including : – any minimum usage or duration required to benefit from promotional terms ; – any charges related to switching and portability of numbers and other identifiers , including compensation arrangements for delay or abuse of switching ; – any charges due on early termination of the contract , including any cost recovery with respect to terminal equipment and other promotional advantages ; any compensation and the refund arrangements , including , where applicable , an explicit reference to statutory rights of the consumer which apply if contracted service quality levels are not met ; the means of initiating procedures for the settlement of disputes , including cross - border disputes , in accordance with article 34 ; details on how disabled end - users can obtain information on products and services designed for them ; the type of action that might be taken by the provider in reaction to security or integrity incidents or threats and vulnerabilities . member states may also require that the contract include any information which may be provided by the relevant public authorities for this purpose on the use of electronic communications networks and services to engage in unlawful activities or to disseminate harmful content , and on the means of protection against risks to personal security , privacy and personal data , referred to in article 21 and relevant to the service provided . '


### “article 26 single european emergency call number member states shall ensure that , in addition to any other national emergency call numbers specified by the national regulatory authorities , all end - users of publicly available telephone services , including users of public pay telephones , are able to call the emergency services free of charge , by using the single european emergency call number &#8220 ; 112&#8221 ; . 2 . member states , in consultation with national regulatory authorities , emergency services and providers , shall ensure that undertakings providing end - users with an electronic communications service for originating national calls to a number or numbers in a national telephone numbering plan provide access to emergency services . 3 . member states shall ensure that calls to the single european emergency call number “112” are appropriately answered and handled in the manner best suited to the national organisation of emergency systems . such calls shall be answered and handled at least as expeditiously and effectively as calls to the national emergency number or numbers , where these continue to be in use . 4 . member states shall ensure that access for disabled end - users to emergency services is equivalent to that enjoyed by other end - users . measures taken to ensure that disabled end - users are able to access emergency services whilst travelling in other member states shall be based to the greatest extent possible on european standards or specifications published in accordance with the provisions of article 17 of directive 2002 / 21 / ec , and they shall not prevent member states from adopting additional requirements in order to pursue the objectives set out in this article . 5 . member states shall ensure that undertakings concerned make caller location information available free of charge to the authority handling emergency calls as soon as the call reaches that authority . this shall apply to all calls to the single european emergency call number ' 112 ' . member states may extend this obligation to cover calls to national emergency numbers . competent regulatory authorities shall lay down criteria for the accuracy and reliability of the caller location information provided . 6 . member states shall ensure that citizens are adequately informed about the existence and use of the single european emergency call number ' 112 ' , in particular through initiatives specifically targeting persons travelling between member states . 7 . in order to ensure effective access to “112” services in the member states , the commission , having consulted berec , may adopt technical implementing measures . however , these technical implementing measures shall be adopted without prejudice to , and shall have no impact on , the organisation of emergency services , which remains of the exclusive competence of member states . those measures , designed to amend non - essential elements of this directive by supplementing it , shall be adopted in accordance with the regulatory procedure with scrutiny referred to in article 37 . ' ### article 26 is modified as follows : ' article 26 single european emergency call number member states shall ensure that all end - users of the service referred to in paragraph&#160 ; 2 , including users of public pay telephones and of private telecommunications networks , are able to call the emergency services free of charge and without having to use any means of payment , by using the single european emergency call number ' 112 ' and any national emergency call number specified by member&#160 ; states . 2 . member states , in consultation with national regulatory authorities , emergency services and providers , shall ensure that undertakings providing end - users with an electronic communications service for originating national calls to a number or numbers in a national telephone numbering plan provide access to emergency services . end - users must also be able to reach “112” directly when calling from a private telecommunications network . 3 . member states shall ensure that calls to the single european emergency call number ”112” are appropriately answered and handled in the manner best suited to the national organisation of emergency systems . such calls shall be answered and handled at least as expeditiously and effectively as calls to the national emergency number or numbers , where these continue to be in use . the commission , having consulted the national regulatory authorities and emergency services , must define the compulsory performance indicators applicable to the member states . 4 . member states shall ensure that access for disabled end - users to emergency services is equivalent to that enjoyed by other end - users . measures taken to ensure that disabled end - users are able to access emergency services whilst travelling in other member states shall be based to the greatest extent possible on european standards or specifications published in accordance with the provisions of article 17 of directive 2002 / 21 / ec , and they shall not prevent member states from adopting additional requirements in order to pursue the objectives set out in this article . 5 . member states shall ensure that undertakings concerned make caller location information available free of charge to the authority handling emergency calls as soon as the call reaches that authority . this shall apply to all calls to the single european emergency call number ' 112 ' , including calls from private telecommunications networks and roaming calls . member states may extend this obligation to cover calls to national emergency numbers . by * ) at the latest , berec , having consulted the stakeholders and in close collaboration with the commission , shall set the obligatory criteria for the accuracy and reliability of the caller location information to be provided to the emergency services . the member states must be in compliance with these criteria no later than one year after their publication . the commission must also guarantee by ** ) that the levels of accuracy and reliability of caller location information for a call made to “112” from a gnss - enabled mobile terminal are equivalent to the levels for an ecall call . 6 . member states and the commission shall ensure that citizens are adequately informed about the existence and use of the single european emergency call number “112” , in particular through initiatives specifically targeting persons travelling between member states . the commission shall support and supplement the actions of the member states . 7 . in order to ensure effective access to “112” services in the member states , the commission , having consulted berec , shall adopt technical implementing measures . these measures must , inter alia , enable the deployment of an interoperable , next generation 112 service , including multimedia applications , no later than *** . however , these technical implementing measures shall be adopted without prejudice to , and shall have no impact on , the organisation of emergency services , which remains of the exclusive competence of member states . 7 a . the commission shall maintain a database of e . 164 european emergency service numbers in order to ensure that they can be contacted in one member state from another . __________________ * regulation no xxx / 20xx of the european parliament and of the commission of … laying down measures concerning the european single market for electronic communications and to achieve a connected continent , and amending directives 2002 / 20 / ec , 2002 / 21 / ec and 2002 / 22 / ce and regulations no 1211 : / 2009 and no 531 / 2012 . ** regulation no xxx / 20xx of the european parliament and of the commission of … laying down measures concerning the european single market for electronic communications and to achieve a connected continent , and amending directives 2002 / 20 / ec , 2002 / 21 / ec and 2002 / 22 / ce and regulations no 1211 : / 2009 and no 531 / 2012 . *** regulation no xxx / 20xx of the european parliament and of the commission of … laying down measures concerning the european single market for electronic communications and to achieve a connected continent , and amending directives 2002 / 20 / ec , 2002 / 21 / ec and 2002 / 22 / ce and regulations no 1211 : / 2009 and no 531 / 2012 . ”


### proposal for a directive of the european parliament and of the council amending council directive 92 / 85 / eec on the introduction of measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding ### proposal for a directive of the european parliament and of the council amending council directive 92 / 85 / eec on the introduction of measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding and on the introduction of measures to support workers in balancing work and family life


### the vulnerability of pregnant workers and of workers who have recently given birth or who are breastfeeding makes it necessary for them to be granted the right to maternity leave of at least 18 continuous weeks , allocated before and / or after confinement , and renders necessary the compulsory nature of maternity leave of at least six weeks allocated after confinement . ### the vulnerability of pregnant workers and of workers who have recently given birth or who are breastfeeding makes it necessary for them to be granted the right to maternity leave of at least 20 continuous weeks , allocated before and / or after confinement , and renders necessary the compulsory nature of maternity leave of at least six weeks allocated after confinement and at least four weeks allocated before confinement .


### women should therefore be protected from discrimination on grounds of pregnancy or maternity leave , and should have adequate means of legal protection . ### women should therefore be protected from discrimination on grounds of pregnancy or maternity leave , and should have adequate means of legal protection in order to safeguard their rights to decent working conditions and a better balance between family life and work .


### women should therefore be protected from discrimination on grounds of pregnancy or maternity leave , and should have adequate means of legal protection ### women should therefore be protected from discrimination on grounds of pregnancy or maternity leave , and should have adequate means of legal protection , in order to safeguard their rights to decent working conditions and a better balance between family life and work .


### member states shall take the necessary measures to ensure that workers within the meaning of article 2 are entitled to a continuous period of maternity leave of at least 18 weeks allocated before and / or after confinement . ### member states shall take the necessary measures to ensure that workers within the meaning of article 2 are entitled to a continuous period of maternity leave of 18 weeks .


### the maternity leave stipulated in paragraph 1 shall include compulsory leave of at least six weeks after childbirth . the member states shall take the necessary measures to ensure that workers within the meaning of article 2 are entitled to choose freely the time at which the non - compulsory portion of the maternity leave is taken , before or after childbirth . ### the maternity leave stipulated in paragraph 1 shall include compulsory leave of at least six weeks after childbirth . the member states shall take the necessary measures to ensure that workers within the meaning of article 2 are entitled to choose freely the time at which the non - compulsory portion of the maternity leave is taken , before or after childbirth . the six - week period of compulsory maternity leave after childbirth shall apply to all working women regardless of the number of days worked prior to confinement . member states may extend the compulsory portion of the maternity leave up to a maximum four weeks before childbirth and at least eight weeks after the birth of a disabled child .


### the maternity leave stipulated in paragraph 1 shall include compulsory leave of at least six weeks after childbirth . the member states shall take the necessary measures to ensure that workers within the meaning of article 2 are entitled to choose freely the time at which the non - compulsory portion of the maternity leave is taken , before or after childbirth . ### the maternity leave stipulated in paragraph 1 shall include fully paid compulsory maternity leave of at least six weeks after childbirth and at least four weeks before childbirth , without prejudice to national laws which provide for a longer period of compulsory leave prior to confinement . the member states shall take the necessary measures to ensure that workers within the meaning of article 2 are entitled to choose freely the time at which the non - compulsory portion of the maternity leave is taken , before or after childbirth . the ten - week compulsory maternity leave shall apply to all working women regardless of the number of days worked prior to confinement .


### the maternity leave stipulated in paragraph 1 shall include compulsory leave of at least six weeks after childbirth . the member states shall take the necessary measures to ensure that workers within the meaning of article 2 are entitled to choose freely the time at which the non - compulsory portion of the maternity leave is taken , before or after childbirth . ### the maternity leave stipulated in paragraph 1 shall include compulsory fully paid maternity leave of at least six weeks after childbirth , without prejudice to existing national laws which provide for a period of compulsory maternity leave before childbirth . the member states shall take the necessary measures to ensure that workers within the meaning of article 2 are entitled to choose freely the time at which the non - compulsory portion of the maternity leave is taken , before or after childbirth . the six week period of compulsory maternity leave shall apply to all working women regardless of the number of days worked prior to confinement .


### the maternity leave stipulated in paragraph 1 shall include compulsory leave of at least six weeks after childbirth . the member states shall take the necessary measures to ensure that workers within the meaning of article 2 are entitled to choose freely the time at which the non - compulsory portion of the maternity leave is taken , before or after childbirth . ### the maternity leave stipulated in paragraph 1 shall include compulsory fully paid maternity leave of at least six weeks after childbirth . member states may extend the compulsory period of maternity leave to a maximum of six weeks before confinement . the member states shall take the necessary measures to ensure that workers within the meaning of article 2 are entitled to choose freely the time at which the non - compulsory portion of the maternity leave is taken , before or after childbirth . the six week period of compulsory maternity leave shall apply to all working women regardless of the number of days worked prior to confinement .


### member states shall ensure that any period of sick leave due to illness or complications arising out of pregnancy occurring four weeks or more before confinement does not impact on the duration of maternity leave . ” ### member states shall ensure that absences from work due to illness or complications arising out of pregnancy or attested postnatal depression do not impact on the duration of maternity leave .


### workers , within the meaning of article 2 , who are excluded from work by their employer who considers them not fit for work without medical indication supplied by the worker , shall , until the beginning of the maternity leave in the sense of article 8 , receive a payment equivalent to their full salary . ### a worker , within the meaning of article 2 , who is excluded from work by her employer who considers her not fit for work without medical indication supplied by the worker , must consult a doctor on her own initiative . if the doctor certifies the woman as fit to work , either the employer must employ her again as normal , or until the beginning of the maternity leave in the sense of article 8 , they shall receive a payment equivalent to her full salary .


### the right of workers within the meaning of article 2 to return to their jobs or to equivalent posts on terms and conditions that are no less favourable to them and to benefit from any improvement in working conditions to which they would have been entitled during their absence ; ### the right of workers within the meaning of article 2 to return to their jobs or to equivalent posts on terms and conditions that are no less favourable to them , with the same pay , professional category and duties as they enjoyed prior to the period of maternity leave , and to benefit from any improvement in working conditions to which they would have been entitled during their absence ; and in exceptional situations relating to the restructuring or substantial reorganisation of the production process , that the worker can discuss with her employer the impact of such changes on her work situation and , indirectly , her personal situation ;


### the allowance referred to in point 2 shall be deemed adequate if it guarantees income equivalent to the last monthly salary or an average monthly salary , subject to any ceiling laid down under national legislation . such a ceiling may not be lower than the allowance received by workers within the meaning of article 2 in the event of a break in activity on grounds connected with the worker ' s state of health . the member states may lay down the period over which this average monthly salary is calculated . ### the allowance referred to in point 2 shall be adequate if it guarantees income equivalent to the last monthly salary or an average monthly salary . workers on maternity leave shall be paid their full salary and the allowance shall be 100% of the last monthly salary or the average monthly salary . member states may lay down the period over which this average monthly salary is calculated .


### the allowance referred to in point 2 shall be deemed adequate if it guarantees income equivalent to the last monthly salary or an average monthly salary , subject to any ceiling laid down under national legislation . such a ceiling may not be lower than the allowance received by workers within the meaning of article 2 in the event of a break in activity on grounds connected with the worker ' s state of health . the member states may lay down the period over which this average monthly salary is calculated . ### the allowance referred to in point 2 shall be deemed equivalent if it guarantees income equivalent to the last monthly salary or an average monthly salary . workers on maternity leave shall be paid their full salary and the allowance shall be 100% of the last monthly salary or the average monthly salary . the member states may lay down the period over which this average monthly salary is calculated .


### the allowance referred to in point 2 shall be deemed adequate if it guarantees income equivalent to the last monthly salary or an average monthly salary , subject to any ceiling laid down under national legislation . such a ceiling may not be lower than the allowance received by workers within the meaning of article 2 in the event of a break in activity on grounds connected with the worker ' s state of health . the member states may lay down the period over which this average monthly salary is calculated . ### the allowance referred to in point 2 shall be deemed equivalent if it guarantees income equivalent to the last monthly salary or an average monthly salary . when making the calculation , any salary increases resulting from legislation or contractual provisions must be included . the allowance must be 100% of the last monthly salary or the average monthly salary during the compulsory period of leave and must not be lower than 85% of the last monthly salary or the average monthly salary during the remaining period of leave of the worker concerned . the member states may lay down the period over which this average monthly salary is calculated .


### member states shall introduce into their national legal systems such measures as are necessary to protect individuals from any adverse treatment or adverse consequence resulting from a complaint they have lodged or proceedings they have initiated with the aim of enforcing compliance with the rights granted under this directive . ### member states shall introduce into their national legal systems such measures as are necessary to protect individuals including witnesses from any adverse treatment or adverse consequence resulting from a complaint they have lodged or proceedings they have initiated with the aim of enforcing compliance with the rights granted under this directive .


### the union has the objective of strengthening its scientific and technological bases by achieving a european research area in which researchers , scientific knowledge and technology circulate freely , and encouraging the union to become more competitive , including in its industry . to pursue those objectives the union should carry out activities to implement research , technological development and demonstration , promote international cooperation , disseminate and optimise results and stimulate training and mobility . ### the union has the objective of strengthening its scientific and technological bases by achieving a european research area in which both female and male researchers , scientific knowledge and technology circulate freely , on the basis of equal treatment under the law and as a professional , and encouraging the union to become more competitive , including in its industry . to pursue those objectives the union should carry out activities to implement research , technological development and demonstration , promote international cooperation , disseminate and optimise results and stimulate the training and mobility essential to the development of the profession of european researcher and take measures to promote gender equality and the gender dimension in research and innovation .


### the union has the objective of strengthening its scientific and technological bases by achieving a european research area in which researchers , scientific knowledge and technology circulate freely , and encouraging the union to become more competitive , including in its industry . to pursue those objectives the union should carry out activities to implement research , technological development and demonstration , promote international cooperation , disseminate and optimise results and stimulate training and mobility . ### the union has the objective of strengthening its scientific and technological bases by achieving a european research area in which researchers , scientific knowledge and technology circulate freely , and encouraging the union to become more competitive , including in its industry . to pursue those objectives the union should carry out activities to implement research , technological development and demonstration , promote international cooperation , disseminate and optimise results and stimulate training and mobility . the union ' s aim is to make the best possible use of member states ' intellectual potential through ensuring that financial resources are distributed appropriately .


### the union is committed to achieving the europe 2020 strategy , which has set the objectives of smart , sustainable and inclusive growth , highlighting the role of research and innovation as key drivers of social and economic prosperity and of environmental sustainability and setting itself the goal to increase spending on research and development to reach 3 % of gross domestic product by 2020 while developing an innovation intensity indicator . in this context , the innovation union flagship initiative sets out a strategic and integrated approach to research and innovation , setting the framework and objectives to which future union research and innovation funding should contribute . research and innovation are also key factors for other europe 2020 flagship initiatives , notably on resource efficient europe , an industrial policy for the globalisation era , and a digital agenda for europe . moreover , for achieving the europe 2020 objectives relating to research and innovation , cohesion policy has a key role to play through building capacity and providing a stairway to excellence . ### the union is committed to achieving the europe 2020 strategy , which has set the objectives of smart , sustainable and inclusive growth , highlighting the role of research and innovation as key drivers of social and economic prosperity and of environmental sustainability and setting itself the goal to increase spending on research and development to reach 3 % of gross domestic product by 2020 while developing an innovation intensity indicator . in this context , the innovation union flagship initiative sets out a strategic and integrated approach to research and innovation , setting the framework and objectives to which future union research and innovation funding should contribute . research and innovation are also key factors for other europe 2020 flagship initiatives , notably on resource efficient europe , an industrial policy for the globalisation era , and a digital agenda for europe . moreover , for achieving the europe 2020 objectives relating to research and innovation , cohesion policy has a key role to play through building capacity , contributing to growth and convergence of the european regions and providing a stairway to excellence .


### at its meeting of 4 february 2011 , the european council supported the concept of the common strategic framework for union research and innovation funding to improve the efficiency of research and innovation funding at national and union levels and called on the union to rapidly address remaining obstacles to attracting talent and investment in order to complete the era by 2014 and achieve a genuine single market for knowledge , research and innovation . ### at its meeting of 4 february 2011 , the european council supported the concept of the common strategic framework for union research and innovation funding to improve the efficiency of research and innovation funding at national and union levels and called on the union to rapidly address remaining obstacles to attracting talented women and men and investment in order to complete the era by 2014 and achieve a genuine single market for knowledge , research and innovation .