### the receiving competent authority or , in the case of a decision on an application for a community authorisation , the commission shall prohibit or restrict the placing on the market or use of a biocidal product containing an active substance that is a candidate for substitution where the comparative assessment weighing up the risks and benefits in accordance with annex vi demonstrates that all the following criteria are met : for the uses specified in the application , another authorised biocidal product or a non - chemical control or prevention method already exists which presents significantly lower risk for human or animal health or the environment ; the biocidal product or non - chemical control or prevention method referred to in point does not present significant economic or practical disadvantages ; the chemical diversity of the active substances is adequate to minimise the occurrence of resistance in the target harmful organism . ### the receiving competent authority or , in the case of a decision on a renewal of a community authorisation , the commission shall prohibit or restrict the placing on the market or use of a biocidal product containing an active substance that is a candidate for substitution where the comparative assessment weighing up the risks and benefits in accordance with annex vi demonstrates that all the following criteria are met : for the uses specified in the application , other authorised biocidal products already exist which present significantly lower risk for human or animal health or the environment and which prove equally effective and involve no significant increase in the risks for any other parameter ; the biocidal products referred to in point do not present significant economic or practical disadvantages ; the chemical diversity of the active substances is adequate to minimise the occurrence of resistance in the target harmful organism .


### the exposure of humans to that active substance in a biocidal product , under normal conditions of use , is negligible , in particular where the product is used in closed systems or strictly controlled conditions ; ### the exposure of humans to that active substance in a biocidal product , under prescribed conditions of use , is negligible , in particular where the product is used in closed systems or strictly controlled conditions ;


### the commission shall adopt a decision on whether the grounds set out by the competent authority justify refusal to recognise , or restriction of , the national authorisation in accordance with the procedure referred to in article 72 . ### after consulting the applicant , the commission shall adopt a decision on whether the grounds set out by the competent authority justify refusal to recognise , or restriction of , the national authorisation in accordance with the procedure referred to in article 72 .


### the receiving competent authority shall , within twelve months after the validation referred to in article 22 , decide on the application in accordance with article 16 . ### the receiving competent authority shall , within six months after the validation referred to in article 22 , decide on the application in accordance with article 16 .


### the labelling shall be clearly visible , easily legible and appropriately durable . ### the labelling shall be clearly visible , easily legible , appropriately durable and in the national language or one of the national languages of the member state on whose market the treated article or material shall be placed .


### the authorisation holder or his representative shall submit an application for renewal of a national authorisation to the receiving competent authority at least eighteen months before the expiry date of the authorisation . ### the authorisation holder or his representative shall submit an application for renewal of a national authorisation to the receiving competent authority at least twelve months before the expiry date of the authorisation .


### the commission shall adopt a decision on the proposed adjustment of the conditions of the national authorisation to local circumstances in accordance with the procedure referred to in article 72 . the competent authority of the concerned member state shall without delay adopt all appropriate measures to comply with that decision . ### the commission shall , after consultation with the applicant , adopt a decision on the proposed adjustment of the conditions of the national authorisation to local circumstances in accordance with the procedure referred to in article 72 . the competent authority of the concerned member state shall without delay adopt all appropriate measures to comply with that decision .


### within nine months from the receipt of the conclusions of the evaluation , the agency shall prepare and submit to the commission an opinion on the authorisation of the biocidal product . ### within three months from the receipt of the conclusions of the evaluation , the agency shall prepare and submit to the commission an opinion on the authorisation of the biocidal product .


### it is important to define , in accordance with the nagoya protocol , that use of genetic resources refers to research and development on the genetic or biochemical composition of samples of genetic material , which includes research and development on isolated compounds extracted from genetic material that was accessed in a party to the nagoya protocol . ### it is important to define , in accordance with the nagoya protocol , that utilisation of genetic resources refers to research and development on the genetic or biochemical composition of samples of genetic material , which includes research and development on isolated compounds extracted from genetic resources that was accessed in a party to the nagoya protocol . research and development should be understood to mean the investigation and study of the genetic or biochemical composition of genetic resources in order to establish facts and reach conclusions , including the creation of innovations and practical applications .


### access decisions and mutually agreed terms , where applicable ; ### access permits and mutually agreed terms , where applicable ;


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


### the nagoya protocol on access to genetic resources and the fair and equitable sharing of benefits arising from their utilization to the convention on biological diversity is an international treaty adopted on 29 october 2010 by the parties to the convention . the nagoya protocol significantly expands the general rules of the convention on access and benefit - sharing for the use of genetic resources and traditional knowledge associated with genetic resources . ### the nagoya protocol on access to genetic resources and the fair and equitable sharing of benefits arising from their utilization to the convention on biological diversity is an international treaty adopted on 29 october 2010 by the parties to the convention . the nagoya protocol further details the general rules of the convention on access and benefit - sharing for the use of genetic resources and traditional knowledge associated with genetic resources .


### collecting of genetic resources in the wild is mostly undertaken for non - commercial purposes by university - based researchers or collectors . in the vast majority of cases and in almost all sectors , access to newly collected genetic resources is gained through intermediaries , collections , or agents that acquire genetic resources in third countries . ### collecting of genetic resources in the wild is undertaken by private collectors and companies , often serving commercial purposes , and by academic researchers or scientific institutions serving non - commercial purposes . in the vast majority of cases and in almost all sectors , access to newly collected genetic resources is gained through intermediaries , collections , or agents that acquire genetic resources in third countries .


### the checks referred to in paragraph 1 of this article shall be conducted in accordance with a periodically reviewed plan following a risk - based approach . when developing this risk - based approach , member states shall consider that the implementation by a user of a best practice recognised under article 8 of this regulation or under article 20 of the nagoya protocol reduces that user ' s risk of non - compliance . ### the checks referred to in paragraph 1 of this article shall be conducted in accordance with a periodically reviewed plan following a risk - based approach of which the key principles shall be laid down by the commission in accordance with the procedure referred to in article 15 . such an approach shall take into account that the implementation by a user of a best practice recognised under article 8 of this regulation or under article 20 of the nagoya protocol reduces that user ' s risk of non - compliance .


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


### every ten years after its first report the commission shall , on the basis of reporting on and experience with the application of this regulation , review the functioning and effectiveness of this regulation . in its reporting the commission shall in particular consider the administrative consequences for public research institutions , small or medium - sized enterprises and micro - enterprises . it shall also consider the need for further union action on access to genetic resources and traditional knowledge associated with genetic resources . ### every ten years after its first report the commission shall , on the basis of reporting on and experience with the application of this regulation , review the functioning and effectiveness of this regulation . in its reporting the commission shall in particular consider the administrative consequences for specific sectors , public research institutions , small or medium - sized enterprises and micro - enterprises . it shall also consider the need for further union action on access to genetic resources and traditional knowledge associated with genetic resources .


### additionally , depending on the nature of the shortcomings detected , member states may take immediate interim measures , including inter alia seizure of illegally acquired genetic resources and suspension of specific use activities . ### additionally , depending on the nature of the shortcomings detected , member states may take immediate interim measures , including inter alia seizure of illegally acquired genetic resources and suspension of specific use activities . such interim measures must be effective , proportionate and dissuasive .


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


### every ten years after its first report the commission shall , on the basis of reporting on and experience with the application of this regulation , review the functioning and effectiveness of this regulation . in its reporting the commission shall in particular consider the administrative consequences for public research institutions , small or medium - sized enterprises and micro - enterprises . it shall also consider the need for further union action on access to genetic resources and traditional knowledge associated with genetic resources . ### every five years after its first report the commission shall , on the basis of reporting on and experience with the application of this regulation , review the functioning and effectiveness of this regulation . in its reporting the commission shall in particular consider the administrative consequences for public research institutions , small or medium - sized enterprises and micro - enterprises . it shall also consider the need for further union action on access to genetic resources and traditional knowledge associated with genetic resources .


### the commission should review the methodology for estimating land - use change emission factors included in annexes viii and v to directives 2009 / 28 / ec and 98 / 70 / ec respectively in the light of adaptation to technical and scientific progress . to this end , and if warranted by the latest available scientific evidence , the commission should consider the possibility of revising the proposed crop group indirect land - use change factors , as well as introducing factors at further levels of disaggregation and including additional values should new biofuel feedstocks come to market . ### the commission should review the methodology for estimating land - use change emission factors included in annexes viii and v to directives 2009 / 28 / ec and 98 / 70 / ec respectively in the light of adaptation to technical and scientific progress . to this end , and if warranted on the basis of the latest available evidence based on the most reliable scientific model , the commission should consider the possibility of crop group indirect land - use change factors , as well as introducing factors at further levels of disaggregation and including additional values should new biofuel feedstocks come to market .


### liquid renewable fuels are likely to be required by the transport sector in order to reduce its greenhouse gas emissions . advanced biofuels , such as those made from wastes and algae , provide high greenhouse gas savings with low risk of causing indirect land use change and do not compete directly for agricultural land for the food and feed markets . it is appropriate , therefore , to encourage greater production of such advanced biofuels as these are currently not commercially available in large quantities , in part due to competition for public subsidies with established food crop based biofuel technologies . further incentives should be provided by increasing the weighting of advanced biofuels towards 10% target for transport set in directive 2009 / 28 / ec compared to conventional biofuels . in this context , only advanced biofuels with low estimated indirect land use change impacts and high overall greenhouse gas savings should be supported as part of the post 2020 renewable energy policy framework . ### liquid renewable fuels are likely to be required by the transport sector in order to reduce its greenhouse gas emissions . advanced biofuels , such as those made from wastes and algae , provide high greenhouse gas savings with low risk of causing indirect land use change and do not compete directly for agricultural land for the food and feed markets . it is appropriate , therefore , to encourage greater production of such advanced biofuels as these are currently not commercially available in large quantities , in part due to competition for public subsidies with established food crop based biofuel technologies . further incentives should be provided by setting a separate target of at least 2 , 5% for advanced biofuels within the 10% target of consumption of energy from renewable sources for transport as established in directive 2009 / 28 / ec . in this context , only advanced biofuels with low estimated indirect land use change impacts and high overall greenhouse gas savings should be supported as part of the post 2020 renewable energy policy framework . in such a framework the target of 2 , 5% for advanced biofuels should be increased to 5% as of 1 january 2021 . however , to avoid market distortions and fraud related to the production of advanced biofuels , the latter should also comply with the relevant sustainability criteria as for conventional biofuels .


### the commission shall , before 31 december 2017 , submit a report to the european parliament and to the council reviewing , on the basis of the best latest available scientific evidence , the effectiveness of the measures introduced by this directive in limiting indirect land - use change greenhouse gas emissions associated with the production of biofuel and bioliquids . the report shall , if appropriate , be accompanied by a legislative proposal based on the best available scientific evidence , for introducing estimated indirect land use change emissions factors into the appropriate sustainability criteria to be applied from 1st january 2021 and a review of the effectiveness of the incentives provided for biofuels from non - land using feedstocks and non - food crops under article 3d of directive 2009 / 28 / ec . ### the commission shall , before 31 december 2017 , submit a report to the european parliament and to the council reviewing , on the basis of the latest available scientific evidence , the effectiveness of the measures introduced by this directive in limiting indirect land - use change greenhouse gas emissions associated with the production of biofuel and bioliquids . the report shall , if appropriate , be accompanied by a legislative proposal based on the available scientific evidence , for introducing estimated indirect land use change emissions factors into the appropriate sustainability criteria to be applied from 1st january 2021 and a review of the effectiveness of the incentives provided for biofuels from non - land using feedstocks and non - food crops under article 3d of directive 2009 / 28 / ec . in case there is no available scientific evidence , the european commission shall facilitate such a study .


### the commission shall , before 31 december 2017 , submit a report to the european parliament and to the council reviewing , on the basis of the best latest available scientific evidence , the effectiveness of the measures introduced by this directive in limiting indirect land - use change greenhouse gas emissions associated with the production of biofuel and bioliquids . the report shall , if appropriate , be accompanied by a legislative proposal based on the best available scientific evidence , for introducing estimated indirect land use change emissions factors into the appropriate sustainability criteria to be applied from 1st january 2021 and a review of the effectiveness of the incentives provided for biofuels from non - land using feedstocks and non - food crops under article 3d of directive 2009 / 28 / ec . ### the commission shall , before 31 december 2017 submit a report to the european parliament and to the council analysing , on the basis of the best latest evidence available , based on the most reliable scientific model , the effectiveness of the measures introduced by this directive in limiting indirect land - use change greenhouse gas emissions associated with the production of biofuel and bioliquids . the report shall , if appropriate , be accompanied by a legislative proposal , based on the best evidence obtainable using the most reliable scientific model , for introducing estimated indirect land use change emissions factors into the appropriate sustainability criteria to be applied from 1 january 2021 and a review of the effectiveness of the incentives provided for biofuels from non - land - using feedstocks and non - food crops under article 3 d of directive 2009 / 28 / ec . such a legislative proposal , if adopted , shall not take effect before 1 january 2021 . incentives for biofuels which , having regard also to the indirect land use change estimates , do not lead to substantial greenhouse gas savings and are produced from crops used for food and feed shall cease to be provided from 1 january 2021 .


### in the case of installations that were in operation on or before 1st of july 2014 , for the purposes referred to in paragraph 1 , biofuels and bioliquids shall achieve a greenhouse gas emission saving of at least 35% until 31 december 2017 and at least 50% from 1 january 2018 . ### in the case of installations that were in operation on or before 1st of july 2014 , for the purposes referred to in paragraph 1 , biofuels and bioliquids shall achieve a greenhouse gas emission saving of at least 35% until 2017 and at least 50% from 2018 .


### ' protected customers ' means all household customers already connected to a gas distribution network , and , if the member state concerned so decides , can also include small and medium - sized enterprises , schools and hospitals provided that they are already connected to a gas distribution network ; ### ' protected customers ' means all household customers already connected to a gas distribution network ; in identifying protected customers , member states should pay particular attention to vulnerable groups , small and medium - sized enterprises , schools and hospitals provided that they are already connected to a gas distribution network ;


### the commission may declare a community emergency at the request of one competent authority or when the community loses more than 10% of its daily gas import from third countries as calculated by entso - g . it shall declare a community emergency where more than one competent authority has declared emergency following the verification in accordance with article 9 . it may declare a community emergency for specifically affected geographical regions comprising more than one member state . ### the commission may declare a union emergency at the request of one competent authority where appropriate or where the union is losing more than 10% of its daily gas import from third countries as calculated by entso - g . it shall declare a union emergency where more than one competent authority has declared emergency following the verification in accordance with article 9 . it may declare a union emergency for specifically affected geographical regions comprising more than one member state .


### electronic means of information and communication can greatly simplify the publication of contracts and increase the efficiency and transparency of procurement processes . they should become the standard means of communication and information exchange in procurement procedures . the use of electronic means also leads to time savings . as a result , provision should be made for reducing the minimum periods where electronic means are used , subject , however , to the condition that they are compatible with the specific mode of transmission envisaged at union level . moreover , electronic means of information and communication including adequate functionalities can enable contracting authorities to prevent , detect and correct errors that occur during procurement procedures . ### electronic means of information and communication can greatly simplify the publication of contracts and increase the efficiency and transparency of procurement processes . they should become the standard means of communication and information exchange in procurement procedures . the use of electronic means also leads to time and cost savings . as a result , provision should be made for reducing the minimum periods where electronic means are used , subject , however , to the condition that they are compatible with the specific mode of transmission envisaged at union level . moreover , electronic means of information and communication including adequate functionalities can enable contracting authorities to prevent , detect and correct errors that occur during procurement procedures .


### 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 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 and other common societal goals , thereby increasing the efficiency of public spending by ensuring best value for money , and to facilitate in particular the participation of small and medium - sized enterprises in public procurement . there is also a need to simplify the directives , particularly with regard to how sustainability objectives can be incorporated into public procurement , and 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 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 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 and other common societal goals , thereby increasing the efficiency of public spending while ensuring the best possible outcome in cost - benefit ratio terms and facilitating in particular the participation of small and medium - sized enterprises in public procurement . there is also a need to simplify union public procurement rules , particularly with regard to the method to be used to attain the sustainability objectives , which should be included in public procurement policy , and 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 .


### under article 11 of the treaty on the functioning of the european union , environmental protection requirements must be integrated into the definition and implementation of the union policies and activities , in particular with a view to promoting sustainable development . this directive clarifies how the contracting entities may contribute to the protection of the environment and the promotion of sustainable development , whilst ensuring that they can obtain the best value for money for their contracts . ### under articles 9 , 10 , and 11 of the treaty on the functioning of the european union , environmental protection requirements and the concepts underlying ‘ socially sustainable’ production processes must be integrated into the definition and implementation of the union policies and activities , in particular with a view to promoting sustainable development and , throughout the supply chain , protecting health and public safety and ensuring compliance with social standards and national and european labour laws . this directive clarifies how the contracting authorities contribute to the protection of the environment and the promotion of sustainable development and use the discretionary power assigned to them to select the technical specifications and award criteria most likely to achieve socially sustainable public procurement whilst establishing the necessary relation to the subject matter of the contract and ensuring that they can obtain the best value for money .


### contracting entities 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 xiv . ### contracting entities must 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 the intellectual property rights or of the international social and environmental law provisions listed in annex xiv .


### where the value of a modification can be expressed in monetary terms , the modification shall not be considered to be substantial within the meaning of paragraph 1 , where its value does not exceed the thresholds set out in article 12 and where it is below 5% of the price of the initial contract , provided that the modification does not alter the overall nature of the contract . where several successive modifications are made , the value shall be assessed on the basis of the cumulative value of the successive modifications . ### where the value of a modification can be expressed in monetary terms , the modification shall not be considered to be substantial within the meaning of paragraph 1 , where its value does not exceed the thresholds set out in article 12 and where it is below 10% of the price of the initial contract , provided that the modification does not alter the overall nature of the contract . where several successive modifications are made , the value shall be assessed on the basis of the cumulative value of the successive modifications .


### contracting entities 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 xiv . ### contracting entities shall decide not to award a contract to the tenderer submitting the best tender where they have established that the tender does not comply with obligations in the field of social and labour law or environmental law established by union or national legislation or by collective agreements applicable to the place where the work , service , or supply is to be performed , or by the international social and environmental law provisions listed in annex xi , or with obligations in the field of intellectual property law .


### mutual learning , cooperation , awareness raising and dissemination activities , such as identification of , and exchanges on , good practices , innovative approaches and experiences , organisation of peer review and mutual learning ; organisation of conferences and seminars ; organisation of awareness - raising and information campaigns , media campaigns and events , including corporate communication of the political priorities of the european union ; compilation and publication of materials to disseminate information as well as results of the programme ; development , operation and maintenance of systems and tools using information and communication technologies ; ### mutual learning , cooperation , coordination mechanisms for cross - border cooperation , awareness raising and dissemination activities , such as identification of , and exchanges on , good practices , innovative approaches and experiences , organisation of peer review and mutual learning ; organisation of conferences and seminars ; organisation of awareness - raising and information campaigns , media campaigns and events , including corporate communication of the legislation and political priorities of the european union ; compilation and publication of materials to disseminate information as well as results of the programme ; further development of e - learning tools ; development , operation and maintenance of systems and tools using information and communication technologies , including the cross - border interoperability of the existing systems and applications in the member states ;


### to promote effective , comprehensive and consistent application of union legislation in the areas of judicial cooperation in civil and criminal matters . ### to facilitate and support judicial cooperation in civil and criminal matters , including cooperation with eurojust in combating cross - border organised crime and other serious crimes .


### it is appropriate to provide for a harmonised approach concerning such diligent search in order to ensure a high level of protection of copyright in the union . a diligent search should involve the consultation of publicly accessible databases that supply information on the copyright status of a work . moreover , in order to avoid duplication of costly digitisation , member states should ensure that use of orphan works by the organisations referred to in this directive is recorded in a publicly accessible database . to the extent possible , publicly accessible databases of search results and use of orphan works should be designed and implemented so as to permit interlinkage with each other on a pan - european level and consultation thereof through a single entry point . ### it is appropriate to provide for a harmonised approach concerning such diligent search in order to ensure a high level of protection of copyright in the union . a diligent search should involve the consultation of publicly accessible databases that supply information on the copyright status of a work . moreover , in order to avoid duplication of costly digitisation , member states should ensure that use of orphan works by the organisations referred to in this directive is recorded in a publicly accessible database . to the extent possible , publicly accessible databases of search results and use of orphan works should be designed and implemented within a clear and user - friendly framework so as to permit interlinkage and interoperability on a pan - european level between the different member states , as well as consultation thereof through a single entry point .


### creating a legal framework to facilitate the digitisation and dissemination of works for which no author is identified or , even if identified , is not located , so called orphan works , is a key action of the digital agenda for europe , as set out in the communication from the commission to the european parliament , the council , the european economic and social committee and the committee of regions – a digital agenda for europe . ### creating a legal framework to facilitate the digitisation and dissemination of works for which no rightholder is identified or , even if identified , is not located , so called orphan works , is a key action of the digital agenda for europe , as set out in the communication from the commission to the european parliament , the council , the european economic and social committee and the committee of regions – a digital agenda for europe .


### before a work can be considered an orphan work , a good faith and reasonable diligent search for the author should be carried out . member states should be permitted to provide that such a diligent search may be carried out by the organisations referred to in this directive or by other organisations . ### before a work can be considered an orphan work , a good faith and reasonable diligent search for the rightholder should be carried out . member states should be permitted to provide that such a diligent search may be carried out by the organisations referred to in this directive or by other organisations .


### by acts of reproduction , within the meaning of article 2 of directive 2001 / 29 / ec , for the purposes of digitization , making available , indexing , cataloguing , preservation or restoration . ### by acts of reproduction , within the meaning of article 2 of directive 2001 / 29 / ec .


### with regard to receiver manufacture and security , security requirements make it necessary for this task to be entrusted only to a member state which has access to the prs or to undertakings established on the territory of a member state which has access to the prs . furthermore , the receiver manufacturer must have been duly authorised in advance by the european gnss agency established by means of regulation no xxx / 2010 and must comply with the rules laid down by its internal approval authority . it is the responsibility of the competent prs authorities to continuously monitor compliance both with the approval standards issued by the approval authority and with specific technical requirements stemming from the minimum common standards . ### with regard to receiver manufacture and security , security requirements make it necessary for this task to be entrusted at present only to a member state which has appointed a competent prs authority or to undertakings established on the territory of a member state which has appointed a competent prs authority . furthermore , the receiver manufacturer must have been duly authorised in advance by the european gnss agency established by means of regulation no xxx / 2010 and must comply with the rules laid down by its internal approval authority . it is the responsibility of the competent prs authorities to continuously monitor compliance both with the approval standards issued by the approval authority and with specific technical requirements stemming from the minimum common standards . the commission should consider whether in future , subject to a guarantee of reciprocity , authorised undertakings from non - eu countries should also be allowed to become involved in the manufacture of prs receivers .


### of the various services offered by european satellite navigation systems , the prs is both the most secure and the most sensitive . it must ensure service continuity for its participants , even in the most serious crisis situations . the consequences of infringing the security rules when using this service are not restricted to the user concerned , but could potentially extend to other users . use and management of the prs is therefore the joint responsibility of member states in order to protect the security of the european union and their own security . consequently , access to the prs must be strictly limited to certain categories of user which are subject to continuous monitoring . ### of the various services offered by european satellite navigation systems , the prs is both the most secure and the most sensitive . it must ensure service continuity for its participants , even in the most serious crisis situations . this is only possible if one can technically prevent major players in the field of space and navigation from being able to modify , disrupt or even destroy galileo or its components . the consequences of infringing the security rules when using this service are not restricted to the user concerned , but could potentially extend to other users . use and management of the prs is therefore the joint responsibility of member states in order to protect the security of the european union and their own security . consequently , access to the prs must be strictly limited to certain categories of user which are subject to continuous monitoring


### an agreement laying down the terms and conditions of the detailed rules for use of the prs by the non - member country or international organisation has been concluded between the european union and the non - member country or international organisation in accordance with the procedure provided for in article 128 of the treaty on the functioning of the european union . ### an agreement laying down the terms and conditions of the detailed rules for use of the prs by the non - member country or international organisation has been concluded between the european union and the non - member country or international organisation in accordance with the procedure provided for in article 218 of the treaty on the functioning of the european union , with the consent of the european parliament .


### the commission shall lay down , by means of delegated acts in accordance with articles 12 , 13 and 14 , rules relating to the protection of classified information concerning the prs , in particular those relating to a natural or legal person ' s need for access to classified information in order to be able to perform a specific function or task . each member state shall notify the commission of the specific provisions it adopts in order to implement this paragraph . ### the commission shall lay down , by means of delegated acts in accordance with articles 12 , 13 and 14 , rules relating to the protection of classified information concerning the prs , in particular those relating to a natural or legal person ' s need for access to classified information in order to be able to perform a specific function or task . each member state shall notify the commission of the specific provisions it adopts in order to implement this paragraph , ensuring a degree of protection at least equivalent to that guaranteed by the commission ' s rules on security set out in the annex to commission decision 2001 / 844 / ec , ecsc , euratom and by the security regulations of the council set out in the annex to council decision 2001 / 264 / ec .


### in order to achieve in an effective manner the lowering of prices in the outermost regions and mitigating the additional costs of their extreme remoteness , all the while maintaining the competitiveness of eu products , aid should be granted for the supply of community products to the outermost regions . such aid should take account of the additional cost of transport to these regions and the cost of exports to third countries and , in the case of agricultural inputs and products intended for processing , the additional costs of their extreme remoteness , specifically insularity and small surface areas . ### in order to achieve in an effective manner the lowering of prices in the outermost regions and mitigating the additional costs of their extreme remoteness , all the while maintaining the competitiveness of products of the outermost regions , aid should be granted for the supply of community products to the outermost regions . such aid should take account of the additional costs associated with the transport of those products to the outermost regions and the cost of exports to third countries and , in the case of agricultural inputs and products intended for processing , the additional costs of their extreme remoteness , specifically insularity and small surface areas .


### exported to third countries or dispatched to the rest of the union within the limits of traditional exports and traditional dispatches . these amounts are established by the commission by means of an implementing act on the basis of dispatches or export average figures during 1989 , 1990 and 1991 ; ### exported to third countries or dispatched to the rest of the union within the limits of average exports and average dispatches . these amounts shall be established by the commission by means of an implementing act on the basis of representative figures covering a period of no more than five years preceding the current year ;


### since 2006 , requirements in essential products have increased in some outermost regions , particularly in the azores and in the french overseas departments , as a result of the increasing livestock population and demographic pressure . the proportion of the budget which member states may use for the specific supply arrangements for the regions concerned should therefore be increased . ### since 2006 , requirements in essential products have increased in some outermost regions , particularly in the azores and in the french overseas departments , as a result of the increasing livestock population and demographic pressure . the annual budgetary allocation for the posei programmes and the proportion of the budget which member states may use for the specific supply arrangements for the regions concerned should therefore be increased .


### in order to achieve the objectives of the scheme promoting the union’s outermost regions more effectively , the posei programmes must include measures which ensure the supply of agricultural products and the preservation and development of local agricultural production . the level of programming for the regions concerned needs to be harmonised and the policy of partnership between the commission and the member states needs to become more systematic . ### in order to achieve the objectives of the scheme promoting the union’s outermost regions more effectively , the posei programmes must include measures which ensure the supply of agricultural products and the preservation and development of local agricultural production . the level of programming for the regions concerned needs to be harmonised and the policy of partnership between the commission , the member states and local authorities needs to become more systematic .


### in order to achieve the objectives of the scheme promoting the union’s outermost regions more effectively , the posei programmes must include measures which ensure the supply of agricultural products and the preservation and development of local agricultural production . the level of programming for the regions concerned needs to be harmonised and the policy of partnership between the commission and the member states needs to become more systematic . ### in order to achieve the objectives of the scheme promoting the union’s outermost regions more effectively , the posei programmes must include measures which ensure the supply of agricultural products and the preservation and development of local agricultural production . the level of programming for the regions concerned needs to be harmonised and the policy of partnership between the commission , the member states and the outermost regions needs to become more systematic .


### the ce marking shall be followed by the two last digits of the year in which it was first affixed , the name or the identifying mark and the registered address of the manufacturer , the unique identification code of the product - type , the reference number of the declaration of performance , the level or class of the performance declared , the reference to the harmonised technical specification applied , the identification number of the notified body , if applicable , and the intended use as laid down in the harmonised technical specification applied . ### the ce marking shall be followed by the two last digits of the year in which it was first affixed , the name and the registered address of the manufacturer , or the identifying mark allowing identification of the name and address of the manufacturer easily and without any ambiguity , the unique identification code of the product - type , the reference number of the declaration of performance , the level or class of the performance declared , the reference to the harmonised technical specification applied , the identification number of the notified body , if applicable , and the intended use as laid down in the harmonised technical specification applied .


### the declaration of performance may usefully include information on the content of hazardous substances in order to improve the possibilities for sustainable construction and to facilitate the development of environmentally - friendly products . this regulation is without prejudice to member states ' rights and obligations pursuant to other instruments of union law that may apply to hazardous substances , in particular , directive 98 / 8 / ec of the european parliament and of the council of 16 february 1998 concerning the placing of biocidal products on the market1 , directive 2000 / 60 / ec of the european parliament and of the council of 23 october 2000 establishing a framework for community action in the field of water policy2 , regulation no 1907 / 2006 of the european parliament and of the council of 18 december 2006 concerning the registration , evaluation , authorisation and restriction of chemicals , establishing a european chemicals agency3 , directive 2008 / 98 / ec of the european parliament and of the council of 19 november 2008 on waste4 and regulation no 1272 / 2008 of the european parliament and of the council of 16 december 2008 on classification , labelling and packaging of substances and mixtures5 . ### when applicable , the declaration of performance should include information on the content of hazardous substances in order to improve the possibilities for sustainable construction and to facilitate the development of environmentally - friendly products . this regulation is without prejudice to member states ' rights and obligations pursuant to other instruments of union law that may apply to hazardous substances , in particular , directive 98 / 8 / ec of the european parliament and of the council of 16 february 1998 concerning the placing of biocidal products on the market1 , directive 2000 / 60 / ec of the european parliament and of the council of 23 october 2000 establishing a framework for community action in the field of water policy2 , regulation no 1907 / 2006 of the european parliament and of the council of 18 december 2006 concerning the registration , evaluation , authorisation and restriction of chemicals , establishing a european chemicals agency3 , directive 2008 / 98 / ec of the european parliament and of the council of 19 november 2008 on waste4 and regulation no 1272 / 2008 of the european parliament and of the council of 16 december 2008 on classification , labelling and packaging of substances and mixtures5 .


### micro - enterprises manufacturing construction products covered by a harmonised standard may replace the determination of the product - type on the basis of type - testing for the applicable systems 3 and 4 as set out in annex v by using methods differing from those contained in the applicable harmonised standard . those manufacturers may also treat construction products to which system 3 applies in accordance with provisions for system 4 . when a manufacturer uses these simplified procedures , he shall demonstrate compliance of the construction product with the applicable requirements by means of a specific technical documentation . ### micro - enterprises manufacturing construction products covered by a harmonised standard may replace the determination of the product - type on the basis of type - testing for the applicable systems 3 and 4 as set out in annex v by using methods differing from those contained in the applicable harmonised standard . those manufacturers may also treat construction products to which system 3 applies in accordance with provisions for system 4 . when a manufacturer uses these simplified procedures , he shall demonstrate the fulfilment of these conditions and compliance of the construction product with the applicable requirements by means of appropriate documentation .


### the construction product is manufactured in a traditional manner and in a non - industrial process for adequately renovating construction works officially protected as part of a designated environment or because of their special architectural or historic merit , in compliance with the applicable national rules . ### the construction product is manufactured in a traditional manner and in a non - industrial process , notably for adequately renovating construction works officially protected as part of a designated environment or because of their special architectural or historic merit , in compliance with the applicable national rules .


### the ce marking shall be affixed to those construction products for which the manufacturer has drawn up a declaration of performance in accordance with articles 4 , 6 and 7 . if a declaration of performance has not been drawn up by the manufacturer in accordance with articles 4 , 6 and 7 , the ce marking shall not be affixed . ### the ce marking shall be affixed to those construction products for which the manufacturer has drawn up a declaration of performance in accordance with articles 4 and 6 . if a declaration of performance has not been drawn up by the manufacturer in accordance with articles 4 and 6 , the ce marking shall not be affixed .


### the construction product is individually manufactured or custom - made in a non - series process in response to a specific order , and installed in a single identified construction work , by a manufacturer who is responsible for the safe incorporation of the product into the construction works , in compliance with the applicable national rules and under the responsibility of those responsible for the safe execution of the construction works designated under the applicable national rules ; ### the assessment and verification of constancy of performance is established on the basis of system 3 or 4 and the construction product is individually manufactured or custom - made in a non - series process in response to a specific order , and installed in a single identified construction work , by a manufacturer who is responsible for the safe incorporation of the product into the construction works , in compliance with the applicable national rules and under the responsibility of those responsible for the safe execution of the construction works designated under the applicable national rules ;


### in relation to construction products covered by a harmonised standard and which are individually manufactured or custom - made in a non - series process in response to a specific order , and which are installed in a single identified construction work , the performance assessment part of the applicable system , as set out in annex v , may be replaced by the manufacturer by specific technical documentation demonstrating compliance of that product with the applicable requirements . ### in relation to construction products covered by a harmonised standard and which are individually manufactured or custom - made in a non - series process in response to a specific order , and which are installed in a single identified construction work , the performance assessment part of the applicable system , as set out in annex v , may be replaced by the manufacturer by appropriate documentation demonstrating the fulfilment of these conditions and compliance of that product with the applicable requirements .


### simplified procedures may be used by manufacturers by means of documentation in a format at their discretion and under the conditions set out in the relevant harmonised standard . ### conditions should be defined for the use of simplified procedures for the assessment of performance of construction products , in order to decrease as far as possible the cost of placing them on the market , without reducing the level of safety . the manufacturers using such simplified procedures should demonstrate appropriately the fulfilment of those conditions .


### when a construction product is covered by a harmonised standard or a european technical assessment has been issued for it , information in any form about its performance in relation to the essential characteristics , as defined in the applicable harmonised technical specification , shall be provided only if included and specified in the declaration of performance . ### when a construction product is covered by a harmonised standard or a european technical assessment has been issued for it , information in any form about its performance in relation to the essential characteristics , as defined in the applicable harmonised technical specification , may be provided only if included and specified in the declaration of performance .


### such intervention programmes or measures shall be adapted to meet the specific developmental needs for children who sexually offend , including those who are below the age of criminal responsibility . ### such intervention programmes or measures shall be adapted to meet the specific developmental needs for children who sexually offend against other children , including those who are below the age of criminal responsibility . member states should ensure that such children are offered a suitable response , which includes an assessment of their individual needs and appropriate treatment to address their offending behaviour .


### engaging in sexual activities with a child , where recourse is made to child prostitution shall be punishable by a maximum term of imprisonment of at least five years . ### engaging in sexual activities with a child , where recourse is made to child prostitution shall be punishable by a maximum term of imprisonment of at least eight years .


### engaging in sexual activities with a child who has not reached the age of sexual consent under national law shall be punishable by a maximum term of imprisonment of at least five years . ### engaging in sexual activities with a child who has not reached the age of sexual consent under national law shall be punishable by a maximum term of imprisonment of at least eight years .


### in order to ensure fast and effective enforcement , competent authorities should also have the power to impose either financial or non - financial measures or penalties for breach of a requirement under directive 2006 / 48 / ec , including the requirement to have remuneration policies that are consistent with sound and effective risk management . those measures and penalties should be effective , proportionate and dissuasive . ### in order to ensure fast and effective enforcement , competent authorities should also have the power to impose either financial or non - financial measures or penalties for breach of a requirement under directive 2006 / 48 / ec , including the requirement to have remuneration policies that are consistent with sound and effective risk management . those measures and penalties should be effective , proportionate and dissuasive . in order to ensure consistency and a level playing field , the commission should review the implementation of that provision with regard to the consistency between the measures and penalties across the union and , where appropriate , come forward with proposals , including as regards the need for introducing stricter penalties .


### the committee of european banking supervisors shall ensure the existence of guidelines on sound remuneration policies which comply with the principles set out in point 22 of annex v . the committee of european securities regulators shall cooperate closely with the committee of european banking supervisors in ensuring the existence of guidelines on remuneration policies for categories of staff involved in the provision of investment services and activities meaning of directive 2004 / 39 / ec of the european parliament and of the council of 21 april 2004 on markets in financial instruments . ### the eba may elaborate technical standards to facilitate the implementation of , and ensure consistency of information collected under , paragraph 2a of this article and the principles on remuneration policy as set out in points 22 and 22a of annex v . the commission shall adopt those technical standards by means of delegated acts in accordance with articles 151 , 151a and 151b . the european securities and markets authority shall cooperate closely with the eba in elaborating such technical standards on remuneration policies for categories of staff involved in the provision of investment services and activities within the meaning of directive 2004 / 39 / ec of the european parliament and of the council of 21 april 2004 on markets in financial instruments .


### in order to ensure adequate transparency to the market of their remuneration structures and the associated risk , credit institutions and investments forms should disclose information on their remuneration policies and practices for those staff whose professional activities have a material impact on the risk profile of the institution . however , this obligation should be without prejudice to directive 95 / 46 / ec of the european parliament and of the council of 24 october 1995 on the protection of individuals with the regard to the processing of personal data and the free movement of such data . ### in order to ensure adequate transparency to the market of their remuneration structures and the associated risk , credit institutions and investments forms should disclose detailed information on their remuneration policies , practices and , for reasons of confidentiality , aggregated amounts for those members of staff and managers whose professional activities have a material impact on the risk profile of the institution . that information should be made available to all stakeholders . however , this obligation should be without prejudice to directive 95 / 46 / ec of the european parliament and of the council of 24 october 1995 on the protection of individuals with the regard to the processing of personal data and the free movement of such data . the role of the european works councils should be respected in regard to the provision of information to and consultation of employees .


### the management body of the credit institution establishes the general principles of the remuneration policy and is responsible for its implementation ; ### the management body of the credit institution adopts and periodically reviews the general principles of the remuneration policy and is responsible for its implementation ;


### paragraph 1 shall apply in respect of positions in new re - securitisations issued after 31 december 2010 . in respect of positions in existing re - securitisations , paragraph 1 shall apply from 31 december 2014 where new underlying exposures are added or substituted after that date . ### paragraph 1 shall not apply until such a time as a definition for highly complex re - securitisations has been adopted in accordance with article 150 . subject to the adoption of such a definition , paragraph 1 shall apply in respect of positions in new re - securitisations issued after 31 december 2010 . in respect of positions in existing re - securitisations , and subject to the adoption of a definition , paragraph 1 shall apply from 31 december 2014 where new underlying exposures are added or substituted after that date .


### the measurement of performance used to calculate bonuses or bonus pools includes an adjustment for current and future risks and takes into account the cost of the capital and the liquidity required ; ### the size of the pool of variable remuneration components and its allocation within the credit institution takes into account the full range of current and potential risks , and in particular : — the cost and quantity of capital required to support the risks taken ; — the cost and quantity of the liquidity risk assumed in the conduct of business ; and — consistency with the timing and likelihood of potential future revenues incorporated into current earnings ;


### the following information shall be disclosed regarding the remuneration policy and practices of the credit institution for those categories of staff whose professional activities have a material impact on their risk profile : ### the following information , including regular updates no less than annually , shall be disclosed to the public regarding the remuneration policy and practices of the credit institution for those categories of staff whose professional activities have a material impact on its risk profile . credit institutions shall comply with those requirements in a way that is appropriate to their size , internal organisation and the nature , scope and complexity of their activities :


### a 10 - day holding period ; ### a 10 - day equivalent holding period ;


### since poorly designed remuneration policies and incentive schemes are capable of increasing to an unacceptable extent the risks to which credit institutions and investment firms are exposed , it is appropriate that competent authorities impose qualitative or quantitative measures on the relevant entities that are designed to address problems that have been identified in relation to remuneration policies in the pillar 2 supervisory review . qualitative measures available to competent authorities include requiring credit institutions or investment firms to reduce the risk inherent in their activities , products or systems , including structures of remuneration to the extent that they are inconsistent with effective risk management . quantitative measures include a requirement to hold additional own funds . ### since poorly designed remuneration policies and incentive schemes are capable of increasing to an unacceptable extent the risks to which credit institutions and investment firms are exposed , prompt remedial action and , if necessary , appropriate corrective measures should be taken . consequently , it is appropriate that competent authorities have the power to impose qualitative or quantitative measures on the relevant entities that are designed to address problems that have been identified in relation to remuneration policies in the pillar 2 supervisory review . qualitative measures available to competent authorities include requiring credit institutions or investment firms to reduce the risk inherent in their activities , products or systems , including structures of remuneration to the extent that they are inconsistent with effective risk management . quantitative measures include a requirement to hold additional own funds .


### payment of the major part of a significant bonus is deferred for an appropriate period and is linked to the future performance of the firm . ### a substantial proportion of the variable remuneration component is deferred over a sufficient period ; the size of the deferred proportion and the length of the deferral period is established in accordance with the business cycle , the nature of the business , its risks and the activities of the member of staff in question ; remuneration payable under deferral arrangements vests no faster than on a pro - rata basis ; at least 40&#160 ; % of the variable remuneration component is deferred ; iin the case of a variable remuneration component of a particularly high amount at least 60&#160 ; % of the amount is deferred and the deferral period is no less than three years ;


### in order to promote supervisory convergences in the assessment of remuneration policies and practices , the committee of european banking supervisors should ensure the existence of guidelines on sound remuneration policies in the banking sector . the committee of european securities regulators should assist in the elaboration of such guidelines to the extent that they also apply to remuneration policies for persons involved in the provision of investment services and the carrying out of investment activities by credit institutions and by investment firms within the meaning of directive 2004 / 39 / ec of the european parliament and of the council of 21 april 2004 on markets in financial instruments . ### in order to promote supervisory convergences in the assessment of remuneration policies and practices , the eba should elaborate technical standards to facilitate information collection and the consistent implementation of the remuneration principles in the banking sector . the commission should be empowered to adopt delegated acts in accordance with article 290 of the treaty on the functioning of the european union to establish those standards . the european securities and markets authority should assist in the elaboration of such technical standards to the extent that they also apply to remuneration policies for persons involved in the provision of investment services and the carrying out of investment activities by credit institutions and by investment firms within the meaning of directive 2004 / 39 / ec of the european parliament and of the council of 21 april 2004 on markets in financial instruments .


### excessive and imprudent risk - taking in the banking sector has led to the failure of individual financial institutions and systemic problems in member states and globally . while the causes of such risk - taking are many and complex , there is agreement by supervisors and regulatory bodies , including the g20 and the committee of european banking supervisors , that the inappropriate remuneration structures of some financial institutions have been a contributory factor . remuneration policies which give incentives to take risks that exceed the general level of risk tolerated by the institution can undermine sound and effective risk management and exacerbate excessive risk - taking behaviour . ### excessive and imprudent risk - taking in the banking sector has led to the failure of individual financial institutions and systemic problems in member states and globally . while the causes of such risk - taking are many and complex , there is agreement by supervisors and regulatory bodies , including the g20 and the committee of european banking supervisors , that the inappropriate remuneration structures of some financial institutions have been a contributory factor . remuneration policies which give incentives to take risks that exceed the general level of risk tolerated by the institution can undermine sound and effective risk management and exacerbate excessive risk - taking behaviour . the internationally agreed and endorsed principles of the financial stability board for sound compensation practices are therefore of particular importance .


### fixed and variable components of total remuneration are appropriately balanced ; the fixed component represents a sufficiently high proportion of the total remuneration to allow the operation of a fully flexible bonus policy , including the possibility to pay no bonus ; ### fixed and variable components of total remuneration are appropriately balanced ; the fixed component represents a sufficiently high proportion of the total remuneration to allow the operation of a fully flexible policy on variable remuneration components , including the possibility to pay no variable remuneration component and , in any event , the variable remuneration component does not exceed 50 % of the total remuneration of the individual concerned ;


### because excessive and imprudent risk - taking may undermine the financial soundness of financial institutions and destabilise the banking system , it is important that the new obligation concerning remuneration policies and practices should be implemented in a consistent manner . it is therefore appropriate to specify core principles on sound remuneration to ensure that the structure of remuneration does not encourage excessive risk - taking by individuals and is aligned with the risk appetite , values and long - term interests of the institution . in order to ensure that the design of remuneration policies is integrated in the risk management of the financial institution , the management body of each credit institution or investment firm should establish the general principles to be applied , and the policies should be subject to at least annual independent internal review . ### because excessive and imprudent risk - taking may undermine the financial soundness of financial institutions and destabilise the banking system , it is important that the new obligation concerning remuneration policies and practices should be implemented in a consistent manner . it is therefore appropriate to specify principles on sound remuneration to ensure that the structure of remuneration does not encourage excessive risk - taking by individuals or moral hazard and is aligned with the risk appetite , values and long - term interests of the institution . in order to ensure that the design of remuneration policies is integrated in the risk management of the financial institution , the management body of each credit institution or investment firm should establish the general principles to be applied , and the policies should be subject to at least annual independent internal review .


### in order to ensure adequate transparency to the market of their remuneration structures and the associated risk , credit institutions and investments forms should disclose information on their remuneration policies and practices for those staff whose professional activities have a material impact on the risk profile of the institution . however , this obligation should be without prejudice to directive 95 / 46 / ec of the european parliament and of the council of 24 october 1995 on the protection of individuals with the regard to the processing of personal data and the free movement of such data . ### good governance structures , transparency and disclosure are essential for sound remuneration policies . in order to ensure adequate transparency to the market of their remuneration structures and the associated risk , credit institutions and investments forms should disclose information on their remuneration policies and practices for those staff whose professional activities have a material impact on the risk profile of the institution . however , this obligation should be without prejudice to directive 95 / 46 / ec of the european parliament and of the council of 24 october 1995 on the protection of individuals with the regard to the processing of personal data and the free movement of such data .


### ‘ requesting authority’ means the competent authority of a member state which makes a request for assistance , information , notification or recovery concerning a penalty or fine as referred to in chapter v ; ### ‘ requesting authority’ means the competent authority of a member state which makes a request for assistance , information , notification or recovery ;


### for the purpose of implementing , applying and enforcing directive 96 / 71 / ec the competent authorities shall take into account factual elements characterising the activities carried out by an undertaking in the state in which it is established in order to determine whether it genuinely performs substantial activities , other than purely internal management and / or administrative activities . such elements may include : ### for the purpose of implementing , applying and enforcing directive 96 / 71 / ec the competent authorities shall take into account factual elements characterising the activities carried out by an undertaking in the member state in which it is established in order to determine whether it genuinely performs substantial activities , other than purely internal management and / or administrative activities . such elements may include :


### member states shall ensure the confidentiality of the information which they exchange . information exchanged shall be used only in respect of the matter for which it was requested . ### member states shall ensure the confidentiality of the information which they exchange in accordance with union data protection rules as well as their national law and practice .


### the disparities between the systems of the member states for enforcing imposed administrative fines and / or penalties in cross - border situations are prejudicial to the proper functioning of the internal market and risk making it very difficult , if not impossible , to ensure that posted workers enjoy an equivalent level of protection throughout the union . ### the disparities between the systems of the member states for enforcing imposed administrative fines and / or penalties in cross - border situations are prejudicial to the proper functioning of the internal market and risk making it very difficult , if not impossible , to ensure that posted workers enjoy an equivalent level of protection throughout the union . nevertheless , member states should ensure that an efficient administrative fines and / or penalties to ensure compliance with directive 96 / 71 / ec and of this directive are foreseen .


### the commission may support actions to improve smes access to the single market including information provision and awareness - raising . ### the commission may support actions to improve smes access to the single market including information provision and awareness - raising . measures may include ensuring that the contact points of the europe enterprise network and the europe direct service are provided with adequate information and , if necessary , training , to offer a high standard of service to smes , and refocusing the enterprise europe network on providing targeted , tailor - made support for smes .


### union support under this regulation shall , in principle , be established in partnership with the beneficiaries . the partnership shall involve as appropriate , national , regional and local authorities , other stakeholders , civil society , social partners and other non - state actors in preparing , implementing and monitoring union support . ### union support under this regulation shall be established in partnership with the beneficiaries . the partnership shall , in a transparent and verifiable way and through an institutionalised mechanism , involve the following stakeholders in preparing , implementing , monitoring and evaluating union support : national , regional and local authorities ; civil society organisations ; social partners ; other non - state actors . the commission , and in particular the union ' s delegations in partner countries , shall ensure that appropriate steps are taken to enhance the capacities of civil society organisations and other stakeholders to play a meaningful part in that process .


### support under this regulation shall promote enhanced political cooperation and progressive economic integration between the union and the partner countries and , in particular , the implementation of partnership and cooperation agreements , association agreements or other existing and future agreements , and jointly agreed action plans . ### support under this regulation shall promote enhanced political cooperation and progressive economic and social integration between the union and the partner countries and , in particular , the implementation of partnership and cooperation agreements , association agreements or other existing and future agreements , and jointly agreed action plans .


### the achievement of these objectives shall be measured using notably the relevant eu periodic reports on the implementation of the policy , and for paragraphs 2 , and , the relevant indicators established by international organisations and other relevant bodies ; for paragraphs 2 , and the uptake of the eu regulatory framework by the partner countries as relevant ; for paragraphs 2 and , the number of relevant agreements and cooperation actions . the indicators will include , among others , adequately monitored democratic elections , level of corruption , trade flows , indicators enabling measuring internal economic disparities , including employment levels . ### the achievement of these specific objectives shall be measured using predefined , clear , transparent and measurable indicators , while avoiding the creation of any unnecessary additional administrative burdens . the list of those indicators shall be established by the commission .


### sustainable and inclusive development in all aspects , poverty reduction , including through private - sector development ; promotion of internal economic , social and territorial cohesion , rural development , climate action and disaster resilience ; ### sustainable , equitable and inclusive development , hunger and poverty reduction , including through private - sector development ; promotion of internal economic , social and territorial cohesion , rural development , energy cooperation , combating climate change , disaster resilience and promotion of r&d ;


### european union external support has increasing financing needs but the economic and budgetary situation of the union limits the resources available for such support . the commission must therefore seek the most efficient use of available resources by using financial instruments with leverage effect . such effect could be increased by enabling the use and re - use of funds invested and generated by financial instruments . ### european union external support has increasing financing needs but the economic and budgetary situation of the union limits the resources available for such support . the commission must therefore seek the most efficient use of available resources by using financial instruments with leverage effect . such effect could be increased by enabling the use and re - use of funds invested and generated by financial instruments . it should be borne in mind in this regard that the union has at its disposal a limited number of ' soft power ' instruments with leverage effect and that financial instruments are one of them .


### the achievement of these objectives shall be measured using notably the relevant eu periodic reports on the implementation of the policy , and for paragraphs 2 , and , the relevant indicators established by international organisations and other relevant bodies ; for paragraphs 2 , and the uptake of the eu regulatory framework by the partner countries as relevant ; for paragraphs 2 and , the number of relevant agreements and cooperation actions . the indicators will include , among others , adequately monitored democratic elections , level of corruption , trade flows , indicators enabling measuring internal economic disparities , including employment levels . ### the achievement of these objectives shall be measured using notably the relevant eu periodic reports , including reports by the union’s agencies , on the implementation of the policy , and for paragraphs 2 , , and , the relevant indicators established by international organisations and other relevant bodies ; for paragraphs 2 , and the uptake of the eu regulatory framework by the partner countries as relevant ; for paragraphs 2 and , the number of relevant agreements and cooperation actions . the indicators will include , among others , the regulatory framework for social protection issues , adequately monitored democratic elections , level of corruption , trade flows , indicators enabling measuring internal economic disparities , including employment levels , quality of employment human capital development , poverty levels , income distribution , respect for human rights and minority rights , independence of the judiciary and the obligation of the social partners and civil society to participate in social dialogue and their right to be consulted before legislation is introduced .


### in the event of crises or threats to democracy , the rule of law , human rights and fundamental freedoms , or of natural or man - made disasters , an ad hoc review of the programming documents may be conducted . such emergency review shall ensure that coherence between union support provided under this regulation and support provided under other union financial instruments is maintained . an emergency review may lead to the adoption of revised programming documents . where this is the case , the commission shall send the revised programming documents to the european parliament and to the council for information within one month of their adoption . ### in the event of crises or threats to democracy , the rule of law , human rights and fundamental freedoms , including women ' s rights , or of natural or man - made disasters , an ad hoc review of the programming documents may be conducted . such emergency review shall ensure that coherence between union support provided under this regulation and support provided under other union financial instruments is maintained . an emergency review may lead to the adoption of revised programming documents . where this is the case , the commission shall send the revised programming documents to the european parliament and to the council for information within one month of their adoption .


### a number of major developments have taken place since the european neighbourhood policy was launched and the european neighbourhood and partnership instrument was set up . these include a deepening of the relationship with the partners , the launch of regional initiatives and democratic transition processes in the region . this triggered a new european neighbourhood policy vision set out in 2011 as a result of a comprehensive strategic review of the policy . it outlines key objectives for union cooperation with neighbourhood countries and provides for greater support to partners committed to building democratic societies and undertaking reforms , in line with the ‘ more for more’ and ‘ mutual accountability’ principles . ### a number of major political changes have occurred in both the southern and eastern neighbouring countries since the european neighbourhood policy was launched and the european neighbourhood and partnership instrument was set up . these include a deepening of the relationship with the partners , the launch of regional initiatives and democratic transition processes , particularly in the countries on the southern shore of the mediterranean following the events of spring 2011 . this triggered a new european neighbourhood policy vision set out in 2011 as a result of a comprehensive strategic review of the policy . this policy outlines key objectives for promoting cooperation and support to partners committed to building more equitable and democratic societies which respect human rights and fundamental freedoms , in line with the ‘ more for more’ and ‘ mutual accountability’ principles .


### promoting confidence building and other measures contributing to security and the prevention and settlement of conflicts ; ### promoting cultural , ethnic and religious awareness and tolerance , confidence building , the control of irregular migration to prevent migrants from being exposed to the risks of , inter alia , illegal behaviour and poor living conditions and other measures contributing to security and the prevention and settlement of conflicts ;


### this regulation should apply to second hand products that re - enter the supply chain in the course of a commercial activity , except for those second - hand products for which the consumer cannot reasonably expect that they fulfil state - of - the art safety standards , such as antiques . ### this regulation should apply to second hand products that re - enter the supply chain in the course of a commercial activity , provided that they have been placed on the market as such , and to second hand products originally placed on the market after the entry into force of this regulation , and except for those second - hand products for which the consumer cannot reasonably expect that they fulfil state - of - the art safety standards , such as antiques .


### this regulation should not cover services . however , in order to secure the attainment of the protection of health and safety of consumers , it should apply to products that are supplied or made available to consumers in the context of the provision of services , including products to which consumers are directly exposed during a service provision . equipment on which consumers ride or travel which is operated by a service provider should be excluded from the scope of this regulation since it has to be dealt with in conjunction with the safety of the service provided . ### this regulation should not cover services . however , in order to secure the attainment of the protection of health and safety of consumers , it should apply to all products that are used , supplied or made available to consumers in the context of the provision of services , including products to which consumers are directly exposed during a service provision by a service provider .


### the safety of products should be assessed taking into account all the relevant aspects , in particular their characteristics and presentation as well as the categories of consumers who are likely to use the products taking into account their vulnerability , in particular children , the elderly and the disabled . ### the safety of products should be assessed taking into account all the relevant aspects , in particular their characteristics , their composition , and presentation as well as the categories of consumers who are likely to use the products taking into account their vulnerability , in particular children , the elderly and the disabled .


### ' safe product ' means any product which , under normal or reasonably foreseeable conditions of use of the product concerned , including the duration of use and , where applicable , its putting into service , installation and maintenance requirements , does not present any risk or only the minimum risks compatible with the product ' s use , considered acceptable and consistent with a high level of protection of health and safety of persons ; ### ' safe product ' means any product which , under normal or reasonably foreseeable conditions of use of the product concerned , including the duration of use and , where applicable , its putting into service , installation , maintenance , training and supervision requirements , does not present any risk or only the minimum risks compatible with the product ' s use , considered acceptable and consistent with a high level of protection of health and safety of persons ;


### manufacturers who consider or have reason to believe that a product which they have placed on the market is not safe or is otherwise not in conformity with this regulation shall immediately take the corrective action necessary to bring that product into conformity , to withdraw it or recall it , if appropriate . furthermore , where the product is not safe , manufacturers shall immediately inform the market surveillance authorities of the member states in which they made the product available to that effect , giving details , in particular , of the risk to health and safety and of any corrective action taken . ### manufacturers who consider or have reason to believe that a product which they have placed on the market is not safe or is otherwise not in conformity with this regulation shall immediately take the corrective action necessary to bring that product into conformity , to withdraw it or recall it . furthermore , manufacturers shall immediately inform the market surveillance authorities of the member states in which they made the product available to that effect , giving details , in particular , of the risk to health and safety and of any corrective action taken .


### the indication of origin supplements the basic traceability requirements concerning the name and address of the manufacturer . in particular , the indication of the country of origin helps to identify the actual place of manufacture in all those cases where the manufacturer cannot be contacted or its given address is different from the actual place of manufacture . such information can facilitate the task of market surveillance authorities in tracing the product back to the actual place of manufacture and enable contacts with the authorities of the countries of origin in the framework of bilateral or multilateral cooperation on consumer product safety for appropriate follow up actions . ### the indication of origin is a necessary supplement to the basic traceability requirements laid down in this regulation concerning the name and address of the manufacturer . furthermore , the indication of the country of origin helps to identify the actual place of manufacture in all those cases where the manufacturer cannot be contacted , where its given address is different from the actual place of manufacture , where the name and address of the manufacturer is missing altogether or because the address was on the packaging that cannot be found . such information can facilitate the task of market surveillance authorities in tracing the product back to the actual place of manufacture and enable contacts with the authorities of the countries of origin in the framework of bilateral or multilateral cooperation on consumer product safety for appropriate follow up actions .


### no later than [ five ] years after the date of application , the commission shall assess the application of this regulation and transmit an evaluation report to the european parliament and the council . this report shall assess if this regulation achieved its objectives , in particular with regard to enhancing the protection of consumers against unsafe products , taking into account its impact on business and in particular on small and medium - sized enterprises . ### no later than [ five ] years after the date of application , and every five years from the first report , the commission shall assess the application of this regulation and transmit an evaluation report to the european parliament and the council . this report shall assess if this regulation achieved its objectives , in particular with regard to enhancing the protection of consumers against unsafe products within the meaning of article 4 of this regulation , taking into account its impact on business and in particular on small and medium - sized enterprises . also , this report shall assess the implications and contributions of regulation no 1025 / 2012 within the scope of this regulation .