### – ‘ technical measures’ means the measures that regulate the species composition , size composition of catches and impacts on components of the ecosystems resulting from fishing activities through conditioning the use and structure of fishing gear and restriction of access to fishing areas ; ### – ‘ technical measures’ means the measures that regulate the species composition , size composition of catches and impacts on components of the ecosystems or ecosystem functioning resulting from fishing activities through conditioning the use and structure of fishing gear and restriction of access to fishing areas ;


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


### – ‘ sustainable fisheries agreements’ mean international agreements concluded with another state for the purpose of obtaining access to resources or waters in exchange for financial compensation from the union . ### – ‘ sustainable fisheries agreements’ mean international agreements concluded with another state for the purpose of obtaining access to resources or waters to sustainably exploit a share of the surplus of marine biological resources in exchange for financial compensation from the union which will support the local fishing sector , with a particular emphasis on scientific data collection , monitoring and control ;


### multiannual plans shall , where possible , cover either fisheries exploiting single fish stocks or fisheries exploiting a mixture of stocks , taking due account of interactions between stocks and fisheries . ### multiannual plans shall , where possible , cover either fisheries exploiting single fish stocks or fisheries exploiting a mixture of stocks , in which case management shall be guided by the scientific advice relating to the most vulnerable stock , taking due account of interactions between stocks and fisheries .


### in cases where the determination of a fishing mortality rate that restores and maintains stocks above levels capable of producing maximum sustainable yield is not possible , multiannual plans shall provide for precautionary measures ensuring a comparable degree of conservation of the relevant stocks . ### in cases where the determination of a fishing mortality rate consistent with paragraph 1 is not possible , multiannual plans shall provide for precautionary measures ensuring at least a comparable degree of conservation of the relevant stocks and shall set a target of the earliest biologically possible date for the achievement of stock levels above maximum sustainable yield .


### in cases where the determination of a fishing mortality rate that restores and maintains stocks above levels capable of producing maximum sustainable yield is not possible , multiannual plans shall provide for precautionary measures ensuring a comparable degree of conservation of the relevant stocks . ### in cases where uncertainty impedes the determination of a fishing mortality rate that restores and maintains stocks above levels capable of producing maximum sustainable yield is not possible , multiannual plans shall provide for precautionary measures ensuring a comparable degree of conservation of the relevant stocks . proxy standards shall be adopted in accordance with commission decision 2010 / 477 / eu on criteria and methodological standards on good environmental status of marine waters for the marine strategy framework directive and fishing mortality shall be further reduced on a precautionary basis . member states and the commission shall evaluate and address research and knowledge barriers to ensure that additional information will become available as soon as possible .


### in special areas of conservation within the meaning of article 6 of directive 92 / 43 / eec , of article 4 of directive 2009 / 147 / ec and of article 13 of directive 2008 / 56 / ec , fishing activities shall be conducted by member states in such a way so as to alleviate the impact from fishing activities in such special areas of conservation . ### in special areas of conservation within the meaning of article 6 of directive 92 / 43 / eec , of article 4 of directive 2009 / 147 / ec and of article 13 of directive 2008 / 56 / ec&#160 ; and article 12 of directive 92 / 43 / eec ; as well as in marine protected areas under regional seas convention and in vulnerable marine ecosystems under global agreements&#160 ; to which the eu has signed up , fishing activities shall be conducted by member states in such a way so as to alleviate the impact from fishing activities in such special areas of conservation .


### in special areas of conservation within the meaning of article 6 of directive 92 / 43 / eec , of article 4 of directive 2009 / 147 / ec and of article 13 of directive 2008 / 56 / ec , fishing activities shall be conducted by member states in such a way so as to alleviate the impact from fishing activities in such special areas of conservation . ### the cfp and all subsequent measures adopted by member states shall be in full compliance with directive 92 / 43 / eec , directive 2009 / 147 / ec and directive 2008 / 56 / ec . in the areas mentioned in article 6 of directive 92 / 43 / eec , article 4 of directive 2009 / 147 / ec and article 13 of directive 2008 / 56 / ec , member states shall ensure that fishing is conducted in such a way as to avoid any significant effect on such areas , subject to the provisions regarding appropriate assessment in article 6 of directive 92 / 43 / ec .


### reduce catches of unwanted marine organisms ; ### reduce catches of non - target , vulnerable and protected species and of other unwanted marine organisms ;


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


### minimum conservation reference sizes based on the best available scientific advice shall be established for the fish stocks set out in paragraph 1 . the sale of catches of such fish stocks below the minimum conservation reference size shall be restricted for reduction to fish meal or pet food only . ### minimum conservation reference sizes based on the best available scientific advice shall be established for the fish stocks set out in paragraph 1 . it shall be prohibited to make available on the market fish species caught below the minimum conservation reference size .


### marketing standards for catches of fish caught in excess of fixed fishing opportunities shall be established in accordance with article 27 of [ the regulation on the common organisation of the markets in fishery and aquaculture products ] . ### marketing rules for catches of fish caught in excess of fixed fishing opportunities and below minimum conservation reference size shall be established to ensure that they provide incentives for fishers to minimise unwanted catches .


### marketing standards for catches of fish caught in excess of fixed fishing opportunities shall be established in accordance with article 27 of [ the regulation on the common organisation of the markets in fishery and aquaculture products ] . ### marketing standards for catches of fish caught below minimum conservation reference sizes and / or in excess of fixed fishing opportunities shall be established in accordance with article 27 of [ the regulation on the common organisation of the markets in fishery and aquaculture products ] .


### member states shall ensure that union fishing vessels flying their flag are equipped to ensure full documentation of all fishing and processing activities for the purpose of monitoring compliance with the obligation to land all catches . ### member states shall ensure that union fishing vessels flying their flag are equipped to ensure full documentation of all fishing and processing activities for the purpose of monitoring compliance with the obligation to land all catches . member states shall publish records of all catches and make this information publicly available .


### in a multiannual plan established pursuant to articles 9 , 10 and 11 member states may be authorised to adopt measures , in accordance with that multiannual plan , which specify the conservation measures applicable to vessels flying their flag in relation to stocks in union waters for which they have been allocated fishing opportunities . ### in the context of a multiannual plan established pursuant to articles 9 , 10 and 11 member states shall be authorized to adopt measures , including technical measures as listed in article 8 , in accordance with that multiannual plan , which specify the conservation measures applicable to vessels flying their flag in relation to stocks in union waters for which they have been allocated fishing opportunities and to all vessels fishing within the territorial waters of the member state .


### in a multiannual plan established pursuant to articles 9 , 10 and 11 member states may be authorised to adopt measures , in accordance with that multiannual plan , which specify the conservation measures applicable to vessels flying their flag in relation to stocks in union waters for which they have been allocated fishing opportunities . ### in a multiannual plan established pursuant to articles 9 , 10 and 11 , involved member states shall adopt conservation measures , to maintain or restore fish stock populations above levels which can produce the maximum sustainable yield by 2015 , above levels capable of producing maximum economic yield by 2020 , and to achieve and maintain a good environmental status in the community ' s marine environment by 2020 , applicable to vessels flying their flag .


### the commission shall be empowered to adopt delegated acts in accordance with article 55 to specify the technical measures covered by a technical measures framework , if the member states authorised to take measures in accordance with article 21 do not notify such measures to the commission within three months after the date of entry into force of the technical measures framework . ### the commission shall be adopt delegated acts in accordance with article 55 to specify the technical measures covered by a technical measures framework , if the member states empowered to take measures in accordance with article 21 do not notify such measures to the commission within three months after the date of entry into force of the technical measures framework .


### each member state shall allocate transferable fishing concessions on the basis of transparent criteria , for each stock or group of stocks for which fishing opportunities are allocated in accordance with article 16 , excluding fishing opportunities obtained under sustainable fisheries agreements . ### each member state that chooses to establish a system of transferable fishing concessions shall allocate transferable fishing concessions on the basis of transparent criteria for each stock or group of stocks for which fishing opportunities are allocated in accordance with article 16 , excluding fishing opportunities obtained under sustainable fisheries agreements . the transparent criteria will be set by the council and the parliament , will be made publicly available and will include but not be limited to : the employment of more selective fishing methods , gears and practices with low by - catch and low impact on the marine ecosystem ; have a good record of compliance with the rules of the common fisheries policy and with respecting catch and / or fishing effort limits designated by scientific advice ensure increased , good quality employment , provided that this does not have negative environmental impacts ; the use of vessels and fishing methods that have low fuel emissions and are energy efficient ; and the use of video surveillance or an equivalent electronic monitoring equipment , working conditions that comply with relevant international standards , notably the 2007 ilo work in fishing convention . the reported production during the period of at least the three previous years .


### transferable fishing concessions may only be allocated by a member state to an owner of a fishing vessel flying the flag of that member state , or to legal or natural persons for the purpose of being used on such a vessel . transferable fishing concessions may be pooled together for collective management by legal or natural persons or recognized producer organisations . member states may limit eligibility for receiving transferable fishing concessions on the basis of transparent and objective criteria . ### transferable fishing concessions may only be allocated by a member state to an owner of a fishing vessel flying the flag of that member state , or to legal or natural persons for the purpose of being used on such a vessel or in the case of the mediterranean to a measurement of fishing effort that has to be defined . transferable fishing concessions may be pooled together for collective management by legal or natural persons or recognized producer organisations . member states shall limit eligibility for receiving transferable fishing concessions on the basis of transparent and objective criteria .


### member states shall allocate individual fishing opportunities to holders of transferable fishing concessions , as referred to in article 28 , on the basis of fishing opportunities allocated to the member states , or established in management plans adopted by member states in accordance with article 19 of regulation no 1967 / 2006 . ### irrespective of whether a member state has chosen to introduce transferable fishing concessions , member states shall , in accordance with article 33 and in accordance with the transparent criteria listed under article 28 allocate individual fishing opportunities to holders of transferable fishing concessions , on the basis of fishing opportunities allocated to the member states , or established in management plans adopted by member states in accordance with article 19 of regulation no 1967 / 2006 .


### when allocating transferable fishing concessions in accordance with article 28 and when allocating fishing opportunities in accordance with paragraph 1 of this article , a member state may provide incentives to fishing vessels deploying selective fishing gear that eliminates unwanted by - catch within the fishing opportunities assigned to that member state . ### when allocating transferable fishing concessions in accordance with article 28 and when allocating fishing opportunities in accordance with paragraph 1 of this article , a member state shall provide incentives to fishing vessels deploying low impact and selective fishing gear that eliminates unwanted by - catch within the fishing opportunities assigned to that member state .


### the state of exploited marine biological resources , ### the state of exploited marine biological resources in order to maintain or restore fish stock populations above levels which can produce the maximum sustainable yield by 2015 , above levels capable of producing maximum economic yield by 2020 and to achieve and maintain a good environmental status by 2020 ,


### the union shall participate in the activities of international organisations dealing with fisheries , including regional fisheries management organisations in line with international obligations and policy objectives and consistent with the objectives set out in articles 2 and 3 . ### the union shall actively participate and promote sustainability&#160 ; in the activities of international organisations dealing with fisheries , including regional fisheries management organisations in line with international obligations , &#160 ; commitments&#160 ; and policy objectives and consistent with the objectives set out in articles 2 and 3 .


### the union shall participate in the activities of international organisations dealing with fisheries , including regional fisheries management organisations in line with international obligations and policy objectives and consistent with the objectives set out in articles 2 and 3 . ### the union shall participate in the activities of international organisations dealing with fisheries , including regional fisheries management organisations in line with international obligations and policy objectives and consistent with the eu ' s principles , objectives and existing legislations in the field of fisheries , environment and development , including the objectives set out in articles 2 and 3 .


### the positions of the union in international organisations dealing with fisheries and rfmos shall be based on the best available scientific advice to ensure that fishery resources are maintained above or restored above levels capable of producing maximum sustainable yield . ### the positions of the union in international organisations dealing with fisheries and rfmos shall be consistent with the union ' s principles and objectives in the field of fisheries , environment and development law , including those set out in article 2 of this regulation . they shall also be based on the best available scientific advice to ensure that fishery resources are maintained above or restored above levels capable of producing maximum sustainable yield by 2015 .


### the union shall actively contribute to and support the development of scientific knowledge and advice in rfmos and international organisations . ### the union shall actively contribute to and support the development of good governance , transparency , enforcement measures and scientific knowledge and advice in rfmos and other international organisations .


### sustainable fisheries agreements with third countries shall establish a legal , economic and environmental governance framework for fishing activities carried out by union fishing vessels in third country waters . ### sustainable fisheries agreements with third countries shall establish a legal , economic , social and environmental governance framework for fishing activities carried out by union flagged and / or owned fishing vessels in third country waters . sustainable fisheries agreements must be in line with international obligations and policy objectives and consistent with articles 2 , 3 and 4 .


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


### advisory councils are established for each of the areas of competence set out in annex iii , to promote a balanced representation of all stakeholders and to contribute to the achievement of the objectives set out in articles 2 and 3 . ### advisory councils are established for each of the areas of competence set out in annex iii , to promote a balanced representation of all stakeholders , including representatives from the fishing sector , the processing industry , scientists , local authorities , ngos , control agencies and civil society representatives and to contribute to the achievement of the objectives set out in articles 2 and 3 .


### advisory councils shall be composed of organizations representing the fisheries operators and other interest groups affected by the common fisheries policy . ### advisory councils shall broaden their participation base and be composed of organizations representing the fisheries operators and other interest groups affected by the common fisheries policy , including scientists , ngos , control agencies and local authorities .


### notwithstanding article 57 , regulation no 199 / 2008 shall continue to apply to the national programmes adopted for the collection and management of data for the years 2011 - 2013 . ### notwithstanding article 57 , regulation no 199 / 2008 shall continue to apply to the national programmes adopted for the collection and management of data until such time as the entry into force of new measures to establish a union framework for the collection , management and use of data in the fisheries sector .


### the specific objectives of the union macro - financial assistance should be to strengthen efficiency , transparency and accountability of the public finance management systems in jordan and to promote structural reforms aimed at supporting sustainable and inclusive growth , employment creation and fiscal consolidation . these objectives should be regularly monitored by the commission . ### a pre - condition for granting the union ' s macro - financial assistance should be that jordan respects effective democratic mechanisms , including a multi - party parliamentary system and the rule of law , and guarantees respect for human rights . in addition , the specific objectives of the union ' s macro - financial assistance should strengthen the efficiency , transparency and accountability of the public finance management systems in jordan and to promote structural reforms aimed at supporting sustainable and inclusive growth , employment creation and fiscal consolidation . both the precondition and the achievement of those objectives should be regularly monitored by the commission .


### although annexes to directives 1999 / 4 / ec , 2000 / 36 / ec , 2001 / 111 / ec , and 2001 / 114 / ec contain technical elements which might have to be adapted or updated to take account of developments in relevant international standards , those directives do not confer on the commission appropriate powers to promptly adapt or update those annexes to take account of developments in international standards . in addition , directive 1999 / 4 / ec does not confer on the commission appropriate powers to promptly adapt or update its annex to take account of technical progress , although that annex contains technical elements which might also have to be adapted or updated to take account of technical progress . furthermore , although containing technical elements which might have to be adapted or updated to take account of technical progress , sections a and b of annex i to directive 2000 / 36 / ec are not covered by the commission ' s powers to adapt certain provisions of that annex to technical progress . therefore , for the consistent implementation of directives 1999 / 4 / ec , 2000 / 36 / ec , 2001 / 111 / ec , 2001 / 113 / ec and 2001 / 114 / ec , the additional powers to adapt or update the annexes to directives 1999 / 4 / ec , 2000 / 36 / ec , 2001 / 111 / ec , and 2001 / 114 / ec to take account of technical progress and of developments in international standards should also be conferred on the commission ### annexes to directives 1999 / 4 / ec , 2000 / 36 / ec , 2001 / 111 / ec , and 2001 / 114 / ec contain elements related to the product names and / or sales names , descriptions , definitions and characteristics of products which might have to be adapted or updated to take account of developments in relevant international standards or technical progress . where those provisions concern non - essential technical elements , namely in sections c and d of annex i to directive 2000 / 36 / ec , in part b of the annex to directive 2001 / 111 / ec and in part b of annex iii to directive 2001 / 113 / ec , it is appropriate to confer the power to adopt delegated acts on the commission in accordance with article 290 of the treaty , in order to bring those annexes into line with relevant developments in international standards or to take account of technical progress


### therefore , in order to supplement or amend certain non - essential elements of directives 1999 / 4 / ec , 2000 / 36 / ec , 2001 / 111 / ec , 2001 / 113 / ec and 2001 / 114 / ec to take account of technical progress and / or , where appropriate , the developments in international standards , the power to adopt acts in accordance with article 290 of the treaty should be delegated to the commission in respect of the following scope and content : as regards directive 1999 / 4 / ec , to adapt or update the technical characteristics related to the product descriptions and definitions in the annex , normally expressed in percentages ; as regards directive 2000 / 36 / ec , to adapt or update the technical characteristics related to the sales names and definitions of section a of annex 1 , normally expressed in percentages and / or grams , as well as sections b , c and d of that annex ; as regards directive 2001 / 111 / ec , to adapt or update part a of the annex in respect of the technical characteristics related to the product names and definitions , as well as part b of the annex ; as regards directive 2001 / 113 / ec , to adapt or update annex i in respect of the technical characteristics related to the product names and definitions , normally expressed in grams and / or percentage , as well as annex ii and part b of annex iii ; and as regards directive 2001 / 114 / ec , to adapt or update annex i in respect of the technical characteristics related to the definitions of products and product names , normally expressed in percentages , as well as annex ii . ### therefore , in order to supplement or amend certain non - essential elements of directives 2000 / 36 / ec , 2001 / 111 / ec , 2001 / 113 / ec to take account of technical progress and / or , where appropriate , the developments in relevant international standards , the power to adopt acts in accordance with article 290 of the treaty should be delegated to the commission in respect of the following scope and content : as regards directive 2000 / 36 / ec , to adapt or update sections c and d of annex i ; as regards directive 2001 / 111 / ec , to adapt or update part b of the annex ; and as regards directive 2001 / 113 / ec , to adapt or update annex ii and part b of annex iii .


### articles 4 and 5 of directive 1999 / 4 / ec are replaced by the following : ### articles 4 and 5 of directive 1999 / 4 / ec are deleted .


### articles 5 and 6 of directive 2001 / 114 / ec are replaced by the following : ### articles 5 and 6 of directive 2001 / 114 / ec are deleted .


### the commission shall be empowered to adopt delegated acts in accordance with article 6 to amend annex i in respect of the technical characteristics related to the product names and definitions , as well as annex ii and part b of annex iii , to take account of the developments in relevant international standards , where appropriate , and of technical progress . ### the commission shall be empowered to adopt delegated acts in accordance with article 6 to amend part b of annex iii , to take account of the developments in relevant international standards , where appropriate , and of technical progress .


### the commission shall be empowered to adopt delegated acts in accordance with article 6 to amend annex i in respect of the technical characteristics related to the product names and definitions , as well as annex ii and part b of annex iii , to take account of the developments in relevant international standards , where appropriate , and of technical progress . ### the commission shall be empowered to adopt delegated acts in accordance with article 6 to amend annex ii , by adding ingredients to , but not removing ingredients from , that annex , and to amend part b of annex iii , in order to take into account technical progress and developments in relevant international standards .


### the commission shall be empowered to adopt delegated acts in accordance with article 6 to amend annex i in respect of the technical characteristics related to the product names and definitions , as well as annex ii and part b of annex iii , to take account of the developments in relevant international standards , where appropriate , and of technical progress . ### the commission shall be empowered to adopt delegated acts in accordance with article 6 to amend annex ii , by adding ingredients to , but not removing ingredients from that annex , and to amend part b of annex iii , in order to take account of the developments in relevant international standards , where appropriate , and of technical progress .


### the commission shall be empowered to adopt delegated acts in accordance with article 5 to amend part a of the annex in respect of the technical characteristics related to the product names and definitions , as well as part b of the annex , to take account of the developments in relevant international standards , where appropriate , and of technical progress . ### the commission shall be empowered to adopt delegated acts in accordance with article 5 to amend part b of the annex , to take account of the developments in relevant international standards , where appropriate , and of technical progress .


### the power to adopt delegated acts referred to in article 5 shall be conferred on the commission for an indeterminate period of time from . . ### the power to adopt delegated acts referred to in article 5 shall be conferred on the commission for a period of five years from . . the commission shall draw up a report in respect of the delegations of power not later than nine months before the end of the five - year period . the delegation of power shall be tacitly extended for periods of an identical duration , unless the european parliament or the council opposes such extension not later than three months before the end of each period .


### the power to adopt delegated acts referred to in article 4 shall be conferred on the commission for an indeterminate period of time from . . ### the power to adopt delegated acts referred to in article 4 shall be conferred on the commission for a period of five years from . . the commission shall draw up a report in respect of the delegations of power not later than nine months before the end of the five - year period . the delegation of power shall be tacitly extended for periods of an identical duration , unless the european parliament or the council opposes such extension not later than three months before the end of each period .


### sustainable fisheries agreements with third countries shall establish a legal , economic and environmental governance framework for fishing activities carried out by union fishing vessels in third country waters . ### sustainable fisheries agreements with third countries shall establish a legal , economic , environmental and social governance framework for the sustainable exploitation of marine biological resources carried out by union fishing vessels in third country waters . sustainable fisheries agreements shall be subject to the principles , objectives and rules of the common fisheries policy and shall promote sustainable resource management in third countries by providing appropriate support for scientific research and data collection , monitoring , control and surveillance in partner third countries ;


### the programme objectives take into account the problems and challenges identified for taxation in the next decade . the programme should continue to play a role in vital areas like the coherent implementation of union law , administrative cooperation , the protection of the financial and economic interests of the union , enhancing the administrative capacity of tax authorities . given the problem dynamics of new challenges identified , additional emphasis should be put on fighting tax fraud , reduction of administrative burden and enhancing cooperation with third countries and parties . ### the programme objectives take into account the problems and challenges identified for taxation in the next decade . the programme should continue to play a role in vital areas like the coherent implementation of union law , administrative cooperation , the protection of the financial and economic interests of the union , enhancing the administrative capacity of tax authorities . given the problem dynamics of new challenges identified , additional emphasis should be put on fighting tax fraud , tax evasion and all forms of double taxation and double non - taxation , tax avoidance , reducing administrative burden and enhancing cooperation with third countries and parties .


### the specific objective of the programme shall be to improve the operation of the taxation systems , in particular through cooperation between participating countries , their tax authorities , their officials and external experts . ### the specific objective of the programme shall be to improve the operation of the taxation systems and to contribute to fighting tax fraud , tax evasion and tax avoidance , in particular through cooperation between participating countries , their tax authorities , their officials and external experts .


### the availability of the common communication network for the european information systems ; ### the availability , full access and good development of the common communication network for the european information systems ;


### to support the preparation , coherent application and effective implementation of union tax law ### to support the preparation , coherent application and effective implementation of union tax law and , if requested by national authorities , of national law .


### to enhance a coherent application and implementation of union tax policy . ### to support and enhance the coherent application and implementation of union tax policy and laws .


### any other activity in support of the general and specific objectives set out in articles 5 . ### any other activity in support of the general and specific objectives set out in articles 5 , provided that the necessity of the activity is duly justified .


### participating countries shall ensure that officials with the adequate profile and qualifications are nominated to participate in the joint actions . ### participating countries shall ensure that officials with the adequate profile and qualifications , including language skills , are nominated to participate in the joint actions .


### the financial allocation for the programme may also cover expenses pertaining to preparatory , monitoring , control , audit and evaluation activities which are required for the management of the programme and the achievement of its objectives ; in particular , studies , meetings of experts , information and communication actions , including corporate communication of the political priorities of the european union as far as they are related to objectives of this regulation , expenses linked to it networks focusing on information processing and exchange , together with all other technical and administrative assistance expenses incurred by the commission for the management of the programme . ### the financial allocation for the programme may also cover expenses pertaining to preparatory , monitoring , control , audit and evaluation activities which are required for the management of the programme and the achievement of its objectives ; in particular , studies , meetings of experts , information and communication actions , including expenses linked to it networks focusing on information processing and exchange , together with all other technical and administrative assistance expenses incurred by the commission for the management of the programme .


### in order to implement the programme the commission shall adopt annual work programmes , which shall set out the objectives pursued , the expected results , the method of implementation and their total amount . they shall also contain a description of the actions to be financed , an indication of the amount allocated to each action type and an indicative implementation timetable . the work programmes shall include for grants the priorities , the essential evaluation criteria and the maximum rate of co - financing . this implementing act shall be adopted in accordance with the examination procedure referred to in article 15 . ### in order to implement the programme the commission shall adopt annual work programmes , which shall set out the objectives pursued , the expected results , the method of implementation and their total amount , as well as duly explaining any deviation from the preceding year ' s annual work programme and its actual implementation . they shall also contain a description of the actions to be financed , an indication of the amount allocated to each action type and an indicative implementation timetable . the work programmes shall include for grants the priorities , the essential evaluation criteria and the maximum rate of co - financing . this implementing act shall be adopted in accordance with the examination procedure referred to in article 15 .


### the commission shall ensure a midterm and final evaluation of the programme , regarding the aspects referred to in paragraph 2 and 3 . the results shall be integrated into decisions on possible renewal , modification or suspension of subsequent programmes . an independent external evaluator shall carry out these evaluations . ### the commission shall ensure a midterm and final evaluation of the programme regarding the aspects referred to in paragraph 2 and 3 . the results shall be integrated into decisions on possible renewal , modification or suspension of subsequent programmes . the mid - term evaluation shall review whether it is necessary to introduce ceilings for the different actions referred to in article 7 . an independent external evaluator shall carry out these evaluations .


### member states shall require issuers active in the extractive or logging of primary forest industries , as defined in [ … ] to prepare , in accordance with chapter 9 of directive 2011 / . . . / eu of the european parliament and of the council , a report on payments made to governments on an annual basis . the report shall be made public at the latest six months after the end of each financial year and shall remain publicly available for at least five years . payments to governments shall be reported at consolidated level . ### member states shall require issuers to prepare , in accordance with chapter 9 of directive 2011 / . . . / eu of the european parliament and of the council , a report on payments made to governments on an annual basis . the report shall incorporate disclosures on a country - by - country as well as a project - by - project basis where a project means a contract , licence , lease or other legal agreement under which an issuer operates , and from which its specific revenue liabilities arise . it shall be attached to the annual financial statement . the report shall be made public at the latest six months after the end of each financial year and shall remain publicly available . payments to governments shall be reported at consolidated level . for all issuers , disclosures should include turnover of the constituent entities of the undertaking that might give rise to payments and , on a country - by - country basis , quantities produced , purchases and sales , third - party and intragroup financial flows , profit before tax , actual tax payments , deferred taxation liabilities for the country at the start and close of each accounting period , total number of people employed and their aggregate remuneration and expenditure on fixed asset investment during the course of the reporting period .


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


### the commission should be empowered to adopt delegated acts in accordance with article 290 of the treaty on the functioning of the european union for the purpose of adapting the definitions , the subjects covered and the characteristics of the required information , the scope of observation and the deadlines for data transmission . ### the commission should be empowered to adopt delegated acts in accordance with article 290 of the treaty on the functioning of the european union for the purpose of adapting the definitions , the annexes and the deadlines for data transmission . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at experts ' level .


### the commission shall adopt delegated acts in accordance with article 9 for the purpose of adapting the definitions in paragraph 1 . ### the commission may adopt by means of delegated acts in accordance with article 9 and subject to the conditions of articles 10 and 11 , modifications to the definitions in paragraph 1 in order to align them with international recommendations . when adopting such delegated acts , the commission shall act in accordance with the provisions of this regulation .


### the commission shall adopt delegated acts in accordance with article 9 for the purpose of adapting the subjects covered and the characteristics of the required information as well as the content of the annexes . ### in order to take account of economic and social developments , the commission may adopt by means of delegated acts in accordance with article 9 and subject to the conditions of articles 10 and 11 , modifications to the annexes of this regulation . when adopting such delegated acts , the commission shall act in accordance with the provisions of this regulation .


### the commission shall adopt delegated acts in accordance with article 9 for the purpose of adapting the transmission deadlines laid down in paragraph 4 . ### in order to take account of economic and social developments , the commission may adopt by means of delegated acts in accordance with article 9 and subject to the conditions of articles 10 and 11 , modifications of the transmission deadlines laid down in paragraph 4 . when adopting such delegated acts , the commission shall act in accordance with the provisions of this regulation .


### the powers to adopt the delegated acts referred to in articles 2 , 3 and , 4 and and 7 shall be conferred on the commission for an indeterminate period of time . ### the powers to adopt delegated acts referred to in articles 2 , 3 and 7 shall be conferred on the commission for a period of five years following the entry into force of this regulation . the commission shall make a report in respect of the delegated powers at the latest six months before the end of the five year period . the delegation of powers shall be automatically extended for periods of an identical duration , unless the european parliament or the council revokes it in accordance with article 10 .


### the delegation of power referred to in articles 2 , 3 and , 4 and and 7 may be revoked by the european parliament or by the council . ### the delegation of power referred to in articles 2 , 3 and 7 may be revoked at any time by the european parliament or by the council .


### the institution which has commenced an internal procedure for deciding whether to revoke the delegation of power shall inform the other legislator and the commission at the latest one month before the final decision is taken , stating the delegated powers which could be subject to revocation and the reasons for a revocation . ### the institution which has commenced an internal procedure for deciding whether to revoke the delegation of powers shall endeavour to inform the other institution and the commission within a reasonable time before the final decision is taken , indicating the delegated powers which could be subject to revocation and possible reasons for a revocation .


### the european parliament or the council may object to the delegated act within a period of two months from the date of notification . at the initiative of the european parliament or the council this period shall be extended by one month . ### the european parliament or the council may object to the delegated act within a period of two months from the date of notification . at the initiative of the european parliament or the council this period shall be extended by two months .


### if , on expiry of that period , neither the european parliament nor the council has objected to the delegated act , or if , before that date , the european parliament and the council have both informed the commission that they have decided not to raise objections , the delegated act shall enter into force on the date stated in its provisions . ### if , on expiry of that period , neither the european parliament nor the council has objected to the delegated act it shall be published in the official journal of the european union and shall enter into force at the date stated therein . the delegated act may be published in the official journal of the european union and enter into force before the expiry of that period if the european parliament and the council have both informed the commission of their intention not to raise objections .


### if the european parliament or the council objects to the adopted delegated act , it shall not enter into force . the institution which objects shall state the reasons for objecting to the delegated act . ### if the european parliament or the council objects to a delegated act , it shall not enter into force . the institution which objects shall state the reasons for objecting to the delegated act .


### the commission shall be empowered to adopt , in accordance with article 10a , delegated acts relating to the further specification of the data referred to in paragraph 1 . ### the commission shall be empowered to adopt , in accordance with article 10a , delegated acts relating to the adoption of rules with respect to the further specification of the data referred to in paragraph 1 and with respect to the measures relating to the codes to be used for these data .


### the commission shall adopt , by means of implementing acts , measures relating to the linking of the data and these statistics to be compiled . ### the commission shall be empowered to adopt , in accordance with article 10a , delegated acts relating to the adoption of rules on the linking of the data and these statistics to be compiled .


### the power to adopt delegated acts referred to in articles 3 , and , 4 , 5 and , 6 and 8 and , shall be conferred on the commission for an indeterminate period of time from . ### the power to adopt delegated acts referred to in articles 3 , and , 4 , 5 and , 6 and 8 and , shall be conferred on the commission for a period of five years from . . . * . the commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five - year period . the delegation of power shall be tacitly extended for periods of an identical duration , unless the european parliament or the council opposes such extension not later than three months before the end of each period . ____________ * oj : please insert the date of entry into force of this regulation .


### article 11 is replaced by the following : the commission shall be assisted by the european statistical system committee established by regulation no 223 / 2009 of the european parliament and of the council of 11 march 2009 on european statistics this committee shall be a committee within the meaning of regulation no 182 / 2011 of the european parliament and of the council of 16 february 2011 laying down the rules and general principles concerning mechanisms for control by member states of the commission ' s exercise of implementing powers . where reference is made to this paragraph , article 5 of regulation no 182 / 2011 shall apply . ### article 11 is deleted .


### this regulation should apply to biocidal products that , in the form in which they are supplied to the user , consist of , contain or generate one or more active substances . it therefore should not apply to devices within industrial plants that generate biocidal products in situ . ### this regulation should apply to biocidal products that , in the form in which they are supplied to the user , consist of , or contain one or more active substances or precursors for one or more active substances .


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


### ' biocidal product ' means any substance , mixture or article , in the form in which it is supplied to the user , consisting of , containing or generating one or more active substances , with the primary intention of destroying , deterring , rendering harmless , preventing the action of , or otherwise exerting a controlling effect on , any harmful organism by any means other than mere physical or mechanical action ; ### ' biocidal product ' means any substance , mixture or article , in the form in which it is supplied to the user , consisting of , containing or generating one or more active substances , with the intention of destroying , deterring , rendering harmless , preventing the action of , or otherwise exerting a controlling effect on , any harmful organism by any means other than mere physical or mechanical action ; a treated article that has a primary biocidal function shall be considered as a biocidal product .


### ' biocidal product ' means any substance , mixture or article , in the form in which it is supplied to the user , consisting of , containing or generating one or more active substances , with the primary intention of destroying , deterring , rendering harmless , preventing the action of , or otherwise exerting a controlling effect on , any harmful organism by any means other than mere physical or mechanical action ; ### ' biocidal products ' means substances , mixtures or articles , in the form in which they are supplied to the user , consisting of , containing or being the precursor for one or more active substances , with the intention of destroying , deterring , rendering harmless , preventing the action of , or otherwise exerting a controlling effect on , any harmful organism by any means other than mere physical or mechanical action ;


### ‘ biocidal product family’ means a group of biocidal products having similar uses , the active substances of which have the same specifications , and presenting specified variations in their composition which do not adversely affect the level of risk or significantly reduce the efficacy of the products ; ### ' biocidal product family ' means a group of biocidal products having similar uses , the active substances of which have the same specifications or a change in the quantities of one or more of the non - active substances and presenting specified variations in their composition which do not adversely affect the level of risk or significantly reduce the efficacy of the products ;


### an active substance shall be approved for an initial period not exceeding 10 years if at least one biocidal product containing that active substance may be expected to meet the criteria laid down in point of article 18 taking into account the factors set out in article 18 and . ### an active substance shall be included in annex - i for an initial period not exceeding 10 years if at least one biocidal product containing that active substance fulfils the conditions laid down in point of article 18 taking into account the factors set out in article 18 and . an active substance referred to in article 5 may only be included in annex i for an initial period of 5 years .


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


### upon receipt of the fees payable under article 79 , the agency shall accept the application and inform the applicant and the evaluating competent authority accordingly , indicating the exact date of the acceptance of the application and its unique identification code . ### upon receipt of the fees payable under article 79 and , the agency shall accept the application and inform the applicant and the evaluating competent authority accordingly , indicating the exact date of the acceptance of the application and its unique identification code .


### where it appears that additional information is necessary to carry out the evaluation , the evaluating competent authority shall ask the applicant to submit such information within a specified time limit , and shall inform the agency accordingly . as specified in the second subparagraph of article 6 , the evaluating competent authority may , as appropriate , require the applicant to provide sufficient data to permit a determination of whether an active substance meets the criteria referred to in article 5 or 10 . the 365 - day period referred to in paragraph 1 of this article shall be suspended from the date of issue of the request until the date the information is received . the suspension shall not exceed 180 days in total unless it is justified by the nature of the data requested or by exceptional circumstances . ### where it appears that additional information is necessary to carry out the evaluation , the evaluating competent authority shall ask the applicant to submit such information within a specified time limit , and shall inform the agency accordingly . where such additional information includes animal testing , the applicant shall be advised by experts from the agency or competent authorities regarding suitable alternative methods and testing strategies to replace , reduce or refine the use of vertebrate animals . as specified in the second subparagraph of article 6 , the evaluating competent authority may , as appropriate , require the applicant to provide sufficient data to permit a determination of whether an active substance meets the criteria referred to in article 5 or 10 . the 365 - day period referred to in paragraph 1 of this article shall be suspended from the date of issue of the request until the date the information is received . the suspension shall not exceed 180 days in total unless it is justified by the nature of the data requested or by exceptional circumstances .


### the authorisation holder shall notify each competent authority that has granted a national authorisation for a biocidal product family of each product within the biocidal product family before placing it on the market , except where a particular product is explicitly identified in the authorisation or the variation in composition concerns only pigments , perfumes and dyes within the permitted variations . the notification shall indicate the exact composition , trade name and suffix to the authorisation number . in the case of a union authorisation , the authorisation holder shall notify the agency and the commission . ### the authorisation holder shall submit an application to each competent authority that has granted a national authorisation for a biocidal product family of each product within the biocidal product family before placing it on the market , except where a particular product is explicitly identified in the authorisation or the variation in composition concerns only pigments , perfumes and dyes within the permitted variations . the notification shall indicate the exact composition , trade name and suffix to the authorisation number . in the case of a union authorisation , the authorisation holder shall notify the agency and the commission .


### notwithstanding paragraphs 1 and 4 , a biocidal product may be authorised when the conditions laid down in paragraph 1 and are not fully met , or may be authorised for making available on the market for use by the general public when the criteria referred to in paragraph 4 are met , where not authorising the biocidal product would result in disproportionate negative impacts for society when compared to the risks to human or animal health or to the environment arising from the use of the biocidal product under the conditions laid down in the authorisation . ### notwithstanding paragraphs 1 and 4 , a biocidal product may be authorised when the conditions laid down in paragraph 1 and are not fully met , where it is shown by evidence that the biocidal product is necessary to prevent or control a serious danger to public or animal health or to the environment , to food and feed or to the public interest and that there are no effective alternative products or technologies available . the use of any biocidal product authorised pursuant to this paragraph shall be subject to appropriate risk mitigation measures to ensure that exposure of humans and the environment is minimised . a member state authorising a biocidal product authorised pursuant to this paragraph shall draw up a substitution plan concerning the control of the serious danger by other means including non - chemical methods , which are as effective as the biocidal product concerned and shall without delay transmit that plan to the commission . the use of any biocidal product authorised pursuant to this paragraph shall be restricted to those member states where the serious danger has to be prevented or , if it occurs , controlled .


### the evaluating competent authority shall inform the applicant of the fees payable under article 79 and shall reject the application if the applicant fails to pay the fees within&#160 ; 30&#160 ; days . it shall inform the applicant accordingly . ### the evaluating competent authority shall inform the applicant of the fees payable under article 79 and shall reject the application if the applicant fails to pay the fees within&#160 ; 60&#160 ; days . it shall inform the applicant accordingly .


### the receiving competent authority shall inform the applicant of the fees payable under article 79 and shall reject the application if the applicant fails to pay the fees within 30 days . it shall inform the applicant accordingly . ### the receiving competent authority shall inform the applicant of the fees payable under article 79 and shall reject the application if the applicant fails to pay the fees within 60 days . it shall inform the applicant accordingly .


### a biocidal product authorised in accordance with article 25 may be made available on the market in all member states without the need for mutual recognition . however , the authorisation holder shall notify each member state before placing the biocidal product on the market within the territory of that member state and shall use the official language or languages of that member state in the product ' s labelling , unless that member state provides otherwise . ### if an authorisation holder wishes to place the biocidal product on the market in other member states they shall apply for an union authorisation to the agency . the application shall contain the evaluation and authorisation already given in one member state , including the confirmation according to article 41 that the biocidal product would have similar conditions of use across the union . on receipt of an application for authorisation for a product already authorised according to article 25 , the agency shall prepare an opinion on the authorisation of the biocidal product and submit it to the commission . the opinion shall contain at least the following elements : a statement on whether the conditions laid down in article 24 are fulfilled b ) where relevant , details of any terms or conditions which should be imposed on the placing on the market or use of the biocidal product ; the final assessment report on the biocidal product


### the procedure shall be closed after all the member states concerned have agreed the summary of biocidal product characteristics and recorded their agreement in the register for biocidal products . ### the procedure shall be closed after all the member states concerned have agreed the summary of biocidal product characteristics together with the terms and conditions of the authorisation , and recorded their agreement in the register for biocidal products . a single authorisation number shall be used in all the member states concerned .


### by way of derogation from article 31 , any of the member states concerned may propose to refuse to grant an authorisation or to adjust the terms and conditions of the authorisation to be granted , provided that such a measure can be justified on grounds of : ### by way of derogation from articles 26 , 31 and 41 , any of the member states concerned may refuse to grant an authorisation or to adjust the terms and conditions of the authorisation to be granted , provided that such a measure can be justified on grounds of :


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


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


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


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


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


### where it is necessary to establish the technical equivalence of active substances , the person seeking to establish that equivalence shall submit an application to the agency and pay the applicable fee . ### where it is necessary to establish the technical equivalence of active substances , the person seeking to establish that equivalence shall submit an application to the agency in the correct format and pay the applicable fee in accordance with article 79 .


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


### physicochemical data and data on pathways and environmental fate and behaviour ; ### physicochemical endpoints and data on pathways and environmental fate and behaviour ;


### to that effect , those wishing to apply for the authorisation or mutual recognition in parallel of biocidal products of that product - type containing no active substances other than existing active substances shall submit applications for authorisation or mutual recognition in parallel to member states ' competent authorities no later than the date of approval of the active substance . in the case of biocidal products containing more than one active substance , applications for authorisation shall be submitted no later than the date of approval of the last active substance for that product - type . ### to that effect , those wishing to apply for the authorisation or mutual recognition in parallel of biocidal products of that product - type containing no active substances other than approved existing active substances shall submit applications for authorisation or mutual recognition in parallel to member states ' competent authorities no later than the date of approval of the active substance . in the case of biocidal products containing more than one active substance , applications for authorisation shall be submitted no later than the date of approval of the last active substance for that product - type .


### the biocidal product shall no longer be made available on the market with effect from 180 days after the date of approval of the active substance ; and ### the biocidal product shall no longer be made available on the market with effect from the date of approval of the active substance ; and


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


### 5 . likely tonnage to be placed on the market per year ### 5 . likely tonnage to be placed on the market per year and where relevant , for the envisaged major use categories .


### 5 likely tonnage to be placed on the market per year ### 5 likely tonnage to be placed on the market per year and where relevant , for different use categories .


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


### products used as preservatives for the storage or use of rodenticide or insecticide baits . ### products used as preservatives for the storage or use of rodenticide , insecticide or other baits .


### the free movement of workers gives every citizen the right to move freely to another member state to work and reside there for that purpose . it protects them against discrimination on the grounds of nationality as regards employment , remuneration and other working conditions by ensuring their equal treatment in comparison to nationals of that member state . it needs to be distinguished from the freedom to provide services , which includes the right of undertakings to provide services in another member state , for which they may send their own workers to another member state temporarily to carry out the work necessary to provide these services there . ### the free movement of workers gives every citizen the right to move freely to another member state to work and reside there for that purpose . it protects them against discrimination on the grounds of nationality , including cross - border workers , in accordance with union legislation , without discrimination based on residence , as regards employment , remuneration and other working conditions by ensuring their equal treatment in comparison to nationals of that member state . equal treatment of workers must be respected at all times in accordance with the rules in force in the member state concerned , regardless of whether the rules are laid down in national law or collective agreements . the free movement of workers may never be exploited with a view to unequal treatment . it needs to be distinguished from the freedom to provide services , which includes the right of undertakings to provide services in another member state , for which they may send their own workers to another member state temporarily to carry out the work necessary to provide these services there .


### adequate and effective application and enforcement are key elements in protecting the rights of workers , whereas poor enforcement undermines the effectiveness of the union rules applicable in this area . ### adequate and effective application and enforcement are key elements in protecting the rights of workers and ensuring equality of treatment , whereas poor enforcement of article 45 of the treaty and regulation no 492 / 2011 undermines the effectiveness of the union rules applicable in this area .


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


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


### member states should ensure the promotion of synergies with existing information and support tools at the union level and to this end they should ensure that existing or newly created bodies are aware , make use of and co - operate with the existing information and assistance services , such as your europe , solvit , eures , enterprise europe network and the points of single contact . ### member states should ensure the promotion of synergies with existing individual counselling and information and support tools at the union level and to this end they should ensure that existing or newly created bodies are aware , make use of and co - operate with the existing information and assistance services , such as eures cross border partnerships for cross border workers and employers , your europe , solvit , eures , enterprise europe network and the points of single contact .


### member states should promote dialogue with non - governmental organisations and between social partners to address and combat different forms of discrimination on the grounds of nationality . ### member states should promote dialogue between social partners and with non - governmental organisations to address and combat all forms of discrimination on the grounds of nationality .


### member states should establish how employers , workers and other people can be provided with easily accessible , relevant information on the provisions of this directive and the relevant provisions of regulation no 492 / 2011 . this information should also be easily accessible through your europe and eures . ### member states should establish how employers , trade unions , workers and other interested parties can be provided with easily accessible information on the provisions of this directive and the provisions of regulation no 492 / 2011 . this information should also be easily accessible through your europe and eures .


### this directive lays down provisions facilitating uniform application and enforcement in practice of rights conferred by article 45 of the treaty on the functioning of the european union and by provisions of articles 1 to 10 of regulation no 492 / 2011 of the european parliament and of the council of 5 april 2011 on freedom of movement for workers within the union . ### this directive lays down provisions facilitating uniform application and enforcement in practice of rights conferred by article 45 of the treaty on the functioning of the european union and by provisions of articles 1 to 10 of regulation no 492 / 2011 of the european parliament and of the council of 5 april 2011 on freedom of movement for workers within the union , including cross - border workers , in accordance with union legislation , without discrimination based on residence .


### access to training ; ### right to training ;


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


### action of associations , organisations or other legal entities ### action of trade unions , associations , organisations or other legal entities


### member states shall ensure that associations , organisations or other legal entities , which have , in accordance with the criteria laid down by their national law , a legitimate interest in ensuring that the provisions of this directive are complied with , may engage , either on behalf of or in support of the worker and members of his / her family , with his / her approval , in any judicial and / or administrative procedure provided for the enforcement of rights under article 45 of the treaty and articles 1 to 10 of regulation no 492 / 2011 . ### member states shall ensure that trade unions , associations , organisations or other legal entities , which have , in accordance with the criteria laid down by their national law , collective agreements or national practices , a legitimate interest in ensuring that the provisions of this directive are complied with , may engage either on behalf of a collective interest or on behalf of or in support of the worker and members of his / her family in any judicial and / or administrative procedure provided for the enforcement of rights under article 45 of the treaty and articles 1 to 10 of regulation no 492 / 2011 .


### member states shall ensure that the competences of these bodies include : ### member states shall ensure that the competences of these bodies are without prejudice to national tasks , practices or competences already carried out by the social partners :


### member states shall provide clear , easily accessible , comprehensive and up - to - date information on the rights conferred by the union law on free movement of workers . this information should also be easily accessible through your europe and eures . ### member states shall provide clear , easily accessible , comprehensive and up - to - date information on the rights conferred by the union law on free movement of workers for jobseekers , mobile workers and employers to promote workers ' voluntary geographical mobility on a fair basis and contribute to a high - level of quality employment . this information should be provided by individual counselling and also be easily accessible through your europe and eures .


### member states shall provide clear , easily accessible , comprehensive and up - to - date information on the rights conferred by the union law on free movement of workers . this information should also be easily accessible through your europe and eures . ### member states shall provide clear , easily accessible , comprehensive and up - to - date information in all the official languages of the european union on the rights conferred by the union law on free movement of workers . this information should also be easily accessible through your europe and eures .


### member states may provide that the competencies of the structures and bodies referred to in article 5 for the promotion , analysis , monitoring and support of equal treatment of all workers or members of their families without discrimination on grounds of nationality , also cover the right to equal treatment without discrimination on grounds of nationality of all eu citizens and their family members exercising their right to free movement , as enshrined in article 21 tfeu and directive 2004 / 38 / ec of the european parliament and of the council of 29 april 2004 on the right of citizens of the union and their family members to move and reside freely within the territory of the member states . ### member states shall provide that the competencies of the structures and bodies referred to in article 5 for the promotion , analysis , monitoring and support of equal treatment of all workers or members of their families without discrimination on grounds of nationality , also cover the right to equal treatment without discrimination on grounds of nationality of all eu citizens and their family members exercising their right to free movement , as enshrined in article 21 tfeu and directive 2004 / 38 / ec of the european parliament and of the council of 29 april 2004 on the right of citizens of the union and their family members to move and reside freely within the territory of the member states .


### as experienced with other emergency calls systems , manually triggered ecalls may include a share of assistance calls . if necessary , member states may implement all appropriate technical and organisational means in order to filter these assistance calls to ensure that only real emergency calls are handled by ecall psaps . ### as experienced with other emergency calls systems , manually triggered ecalls may include a share of assistance calls . if necessary , member states may implement all appropriate technical and organisational means in order to filter these assistance calls to ensure that only real emergency calls are handled by ecall psaps . in so doing , member states should ensure that all calls are treated in the most effective way .


### public procurement plays a key role in the europe 2020 strategy12 as one of the market - based instruments to be used to achieve a smart , sustainable and inclusive growth while ensuring the most efficient use of public funds . for that purpose , the current public procurement rules adopted pursuant to directive 2004 / 17 / ec of the european parliament and of the council of 31 march 2004 coordinating the procurement procedures of entities operating in the water , energy , transport and postal services sectors and directive 2004 / 18 / ec of the european parliament and of the council of 31 march 2004 on the coordination of procedures for the award of public works contracts , public supply contracts and public service contracts have to be revised and modernised in order to increase the efficiency of public spending , facilitating in particular the participation of small and medium - sized enterprises in public procurement and to enable procurers to make better use of public procurement in support of common societal goals . there is also a need to clarify basic notions and concepts to ensure better legal certainty and to incorporate certain aspects of related well - established case - law of the court of justice of the european union . ### public procurement plays a key role in the europe 2020 strategy as one of the market - based instruments to be used to achieve a smart , sustainable and inclusive growth while ensuring the most efficient use of public funds . for that purpose , the current public procurement rules adopted pursuant to directive 2004 / 17 / ec of the european parliament and of the council of 31 march 2004 coordinating the procurement procedures of entities operating in the water , energy , transport and postal services sectors and directive 2004 / 18 / ec of the european parliament and of the council of 31 march 2004 on the coordination of procedures for the award of public works contracts , public supply contracts and public service contracts have to be revised and modernised in order to enable procurers to make better use of public procurement in support of sustainable development compliance with social and labour rights and other common societal goals and in order thereby to increase the efficiency of public spending , guaranteeing the best possible result in terms of cost - effectiveness and facilitating in particular the participation of small and medium - sized enterprises in public procurement and to enable procurers to make better use of public procurement in support of common societal goals . there is also a need to simplify union rules on public procurement , in particular as regards the method used to achieve the sustainability objectives which should be part and parcel of public procurement policy and clarify basic notions and concepts to ensure better legal certainty and to incorporate certain aspects of related well - established case - law of the court of justice of the european union .


### where contracting authorities choose to award a contract to the most economically advantageous tender , they must determine the award criteria on the basis of which they will assess tenders in order to identify which one offers the best value for money . the determination of these criteria depends on the subject - matter of the contract since they must allow the level of performance offered by each tender to be assessed in the light of the subject - matter of the contract , as defined in the technical specifications , and the value for money of each tender to be measured . furthermore , the chosen award criteria should not confer an unrestricted freedom of choice on the contracting authority and they should ensure the possibility of effective competition and be accompanied by requirements that allow the information provided by the tenderers to be effectively verified . ### contracting authorities must determine the award criteria on the basis of which they will assess tenders in order to identify which one offers the best value , including environmental and social responsibility , for money . the determination of these criteria depends on the subject - matter of the contract or the subject matter of the production since they must allow the level of performance offered by each tender to be assessed in the light of the subject - matters of the contract and production , as defined in the technical specifications , and the value for money of each tender to be measured . furthermore , the chosen award criteria should not confer an unrestricted freedom of choice on the contracting authority and they should ensure the possibility of effective and fair competition and be accompanied by requirements that allow the information provided by the tenderers to be effectively verified .


### contract performance conditions are compatible with this directive provided that they are not directly or indirectly discriminatory , are linked to the subject - matter of the contract and are indicated in the contract notice , the prior information notice used as a means of calling for competition or the procurement documents . they may , in particular , be intended to favour on - site vocational training , the employment of people experiencing particular difficulty in achieving integration , the fight against unemployment , protection of the environment or animal welfare . for instance , mention may be made , amongst other things , of the requirements - applicable during performance of the contract - to recruit long - term job - seekers or to implement training measures for the unemployed or young persons , to comply in substance with fundamental international labour organisation conventions , even where such conventions have not been implemented in national law , and to recruit more disadvantaged persons than are required under national legislation . ### contract performance conditions are compatible with this directive provided that they are not directly or indirectly discriminatory , are linked to the subject - matter of the contract and or production , and are indicated in the contract notice , the prior information notice used as a means of calling for competition or the procurement documents . they may , in particular , be intended to favour on - site vocational training , the employment of people experiencing particular difficulty in achieving integration , the fight against unemployment , protection of the environment or animal welfare . for instance , mention may be made , amongst other things , of the requirements - applicable during performance of the contract - to recruit long - term job - seekers or to implement training measures for the unemployed or young persons , to comply in substance with fundamental international labour organisation conventions , in particular ilo convention 94 , even where such conventions have not been implemented in national law , and to recruit more disadvantaged persons than are required under national legislation .


### financial services in connection with the issue , sale , purchase or transfer of securities or other financial instruments within the meaning of directive 2004 / 39 / ec of the european parliament and of the council , central bank services and operations conducted with the european financial stability facility ; ### financial services in connection with the issue , sale , purchase or transfer of securities or other financial instruments within the meaning of directive 2004 / 39 / ec of the european parliament and of the council , central bank services and operations conducted with the european financial stability facility and transactions to enable contracting authorities to raise money or capital ;


### employment contracts ; ### employment contracts or collective agreements which contributes to the improvement of conditions of work and employment ;


### member states shall ensure that , at the latest 2 years after the date provided for in article 92 , all procurement procedures under this directive are performed using electronic means of communication , in particular e - submission , in accordance with the requirements of this article . ### member states shall ensure that , at the latest four years after the date provided for in article 92 , all procurement procedures under this directive are performed using electronic means of communication , in particular e - submission , in accordance with the requirements of this article .


### the absence of competition for technical reasons ; ### the absence of competition for legal or technical reasons ;


### insofar as is strictly necessary where , for reasons of extreme urgency brought about by force majeure , the time limits for the open , restricted or competitive procedures with negotiation cannot be complied with ; the circumstances invoked to justify extreme urgency must not in any event be attributable to the contracting authority ; ### insofar as is strictly necessary where , for reasons of extreme urgency brought about by events which the contracting authority could not have foreseen , the time limits for the open , restricted or competitive procedures with negotiation cannot be complied with ; the circumstances invoked to justify extreme urgency must not in any event be attributable to the contracting authority ;


### these characteristics may also refer to the specific process of production or provision of the requested works , supplies or services or of any other stage of its life cycle as referred to in point of article 2 . ### these characteristics also refer to the specific process of production or provision of the requested works , supplies or services or of any other stage of its life cycle and socially sustainable production process as referred to in point and 22 a of article 2 .


### in terms of performance or functional requirements , including environmental characteristics , provided that the parameters are sufficiently precise to allow tenderers to determine the subject - matter of the contract and to allow contracting authorities to award the contract ; ### in terms of performance or functional requirements , including social and environmental characteristics , provided that the parameters are sufficiently precise to allow tenderers to determine the subject - matter of the contract and to allow contracting authorities to award the contract ; in accordance with paragraph 1 above , technical specifications can be formulated in terms of performance or functional requirements relating to life cycle or socially sustainable production process characteristics of the requested works , supplies or services , in addition to technical specifications in terms of the performance or functional requirements of the works , supplies , or services in use ;


### the requirements for the label only concern characteristics which are linked to the subject - matter of the contract and are appropriate to define characteristics of the works , supplies or services that are the subject - matter of the contract ; ### the requirements for the label only concern characteristics which are linked to the subject - matter of the contract or the production of the subject - matter of the contract and are appropriate to define characteristics of the works , supplies or services that are the subject - matter of the contract ;


### the tender comes from a tenderer that is not excluded in accordance with articles 21 and 55 and that meets the selection criteria set out by the contracting authority in accordance with article 56 and , where appropriate , the non - discriminatory rules and criteria referred to in article 64 . ### the tender comes from a tenderer that is not excluded in accordance with articles 21 and 55 and that meets the selection criteria set out by the contracting authority in accordance with article 56 and , where appropriate , the non - discriminatory rules and criteria referred to in article 64 and article 71 .


### contracting authorities may decide not to award a contract to the tenderer submitting the best tender where they have established that the tender does not comply , at least in an equivalent manner , with obligations established by union legislation in the field of social and labour law or environmental law or of the international social and environmental law provisions listed in annex xi . ### contracting authorities may decide not to award a contract to the tenderer submitting the best tender where it has been established that the tender does not comply , at least in an equivalent manner , with obligations established by national or union legislation in the field of social and labour law or environmental law or of the international social and environmental law provisions listed in annex xi .


### contracting authorities may decide not to award a contract to the tenderer submitting the best tender where they have established that the tender does not comply , at least in an equivalent manner , with obligations established by union legislation in the field of social and labour law or environmental law or of the international social and environmental law provisions listed in annex xi . ### contracting authorities may decide not to award a contract to the tenderer submitting the best tender where they have established that the tender does not comply , at least in an equivalent manner , with obligations established by union legislation and national laws , regulations and other binding provisions in the field of social and labour law or environmental law or of the international social and environmental law provisions listed in annex xi .


### where it is aware of any violation of obligations established by union legislation in the field of social and labour law or environmental law or of the international social and environmental law provisions listed in annex xi . compliance with union legislation or with international provisions also includes compliance in an equivalent manner . ### where it is aware of any violation of obligations established by national or union legislation in the field of social and labour law or environmental law or of collective agreements such as wage agreements , for example , or of the international social and environmental law provisions listed in annex xi . compliance with union legislation or with international provisions also includes compliance in an equivalent manner .