### a biocidal product shall be considered as substantially identical to the reference product if one of the following conditions is met : the source of the active substances it contains is the same in terms of manufacturer and location of the production plant ; b ) it is either the same or similar with regard to the non - active substances present and the type of formulation ; c ) it is either the same or equivalent in terms of the potential adverse impact on the safety of the product with regard to human or animal health or the environment . ### a biocidal product shall be considered as identical to the reference product if all the following conditions are met : it has been manufactured by the same company or one of its associate companies or under licence , following the same production process ; b ) it is the same with regard to the specifications , the active substances present and the type of formulation ; c ) it is either the same or equivalent , as regards the co - formulants it contains and the format , materials and form of its packaging , in terms of the potential adverse impact on the safety of the product with regard to human or animal health or the environment .


### name and address of the authorisation holder in the member state of origin ### name and address of the authorisation holder in the member state of origin and a letter of access in accordance with article 50 from the holder of the authorisation


### text proposed where relevant , the biocidal property attributed to treated articles or materials ; ### where relevant , the biocidal property attributed to treated articles ;


### any hazard statement or precautionary statement set out in the authorisation for the biocidal product . ### any hazard statement or precautionary statement set out in the authorisation for the biocidal product where relevant , and for all active substances intended to be released by the article or material treated in normal or foreseeable conditions of use .


### the labelling shall be clearly visible , easily legible and appropriately durable . where this is necessary because of the size or the function of the treated article or material , the labelling shall be printed on the packaging , on the instructions for use or on the warranty of the treated article or material . ### the labelling shall be clearly visible , easily legible , appropriately durable and printed on the article or material , on the packaging , on the instructions for use or on the warranty of the treated article or material .


### information protected under directive 98 / 8 / ec or under this article or for which the protection period expired under directive 98 / 8 / ec or under this article shall not be protected again . ### an individual date of submission shall be assigned to each document , as identified by the unique code under article 48 .


### where those tests or studies have already been submitted in connection with a previous application , the competent authority or the agency shall without delay communicate the name and contact details of the owner of the information to the prospective applicant . ### where those tests or studies have already been submitted in connection with a previous application , the competent authority or the agency shall without delay assess whether they are technically equivalent in the light of the reference source . if the assessment confirms the fact , the competent authority of the agency shall communicate the name and contact details of the owner of the information to the prospective applicant .


### in the case of a biocidal product which has already been authorised in accordance with articles 15 , 25 or 28 , and where all periods of protection of information according to article 49 have expired , the receiving competent authority or the agency may agree that a subsequent applicant for authorisation may refer to data provided by the first applicant in so far as the subsequent applicant can provide evidence that the biocidal product is similar to and its active substances are technically equivalent to the one formerly authorised , including degree of purity and nature of impurities . ### in the case of a biocidal product which has already been authorised in accordance with articles 15 , 25 or 28 , and where all periods of protection of information according to article 49 have expired , the receiving competent authority or the agency may agree that a subsequent applicant for authorisation may refer to data provided by the first applicant and , if the information protection periods under article 49 have not ended , the competent authority or the agency may agree that a subsequent applicant for authorisation may share the data provided by the first applicant in accordance with article 52 , in so far as the subsequent applicant can provide evidence that the biocidal product is similar to and its active substances are technically equivalent to the one formerly authorised , including degree of purity and nature of impurities .


### disclosure of the following information shall be deemed to undermine the protection of the commercial interests of the concerned person : details of the full composition of a biocidal product ; b ) the precise use , function or application of a substance or mixture ; c ) the precise tonnage of the substance or mixture manufactured or placed on the market ; d ) links between a manufacturer of an active substance and the person responsible for the placing of a biocidal product on the market or between the person responsible for the placing of a biocidal product on the market and the distributors of the product . ### disclosure of the following information shall be deemed to undermine the protection of the commercial interests of the concerned person and may not be disclosed publicly : details of the full composition of a biocidal product ; b ) the precise use , function or application of a substance or mixture ; c ) the precise tonnage of the substance or mixture manufactured or placed on the market ; d ) links between a manufacturer of an active substance and the person responsible for the placing of a biocidal product on the market or between the person responsible for the placing of a biocidal product on the market and the distributors of the product ; manufacturers of the active substances ; the location of a biocidal product ' s manufacturing site ; the date of issue of an authorisation and the expiry date ; doses and instructions for use .


### directions for use and the dose rate , expressed in metric units , for each use provided for under the terms of the authorisation ; ### directions for use and the dose rate , expressed in a manner that is meaningful and comprehensible to users , for each use provided for under the terms of the authorisation ;


### 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 significantly expands the general rules of the convention on access and monetary and non - monetary benefit - sharing for the utilisation and any subsequent commercialisation 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 .


### collections are major suppliers of genetic resources and traditional knowledge associated with genetic resources used in the union . a system of union trusted collections should be set in place . it would ensure that collections included in the register of union trusted collections effectively apply measures to only supply samples of genetic resources to third persons with documentation providing evidence of legal acquisition and the establishment of mutually agreed terms , where required . a system of union trusted collections should substantially lower the risk that illegally acquired genetic resources are used in the union . competent authorities of member states would verify if a collection meets the requirements for recognition as union trusted collection . users that acquire a genetic resource from a collection listed in the union register should be considered to have exercised due diligence as regards the seeking of all necessary information . this should prove particularly beneficial for academic researchers as well as small and medium sized enterprises . ### collections are major suppliers of genetic resources and traditional knowledge associated with genetic resources used in the union . a system of union registered collections should be set in place . it would ensure that collections included in the register of union registered collections effectively apply measures to only supply samples of genetic resources to third persons with documentation providing evidence of legal acquisition and the establishment of mutually agreed terms , where required . a system of union registered collections should substantially lower the risk that illegally acquired genetic resources are used in the union . competent authorities of member states would verify if a collection meets the requirements for recognition as union registered collection . users that acquire a genetic resource from a collection listed in the union register should be considered to have exercised due diligence as regards the seeking of all necessary information . this should prove particularly beneficial for academic researchers as well as small and medium sized enterprises .


### 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 inside or outside of the jurisdiction of the countries of origin 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 ; b ) the need to review the implementation of the provisions of this regulation concerning traditional knowledge associated with genetic resources in light of developments in other relevant international organizations , including , inter alia , the world intellectual property organization , provided that they do not run counter to the objectives of this regulation , of the convention on biological diversity and the nagoya protocol ; c ) the need for further union action on access to genetic resources and traditional knowledge associated with genetic resources with the view to implement in full the rights of indigenous and local communities in accordance with articles 5 . 2 , 6 . 2 , 7 and 12 of the nagoya protocol .


### 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 .


### article 19 of directive 2009 / 28 / ec and article 7d of directive 98 / 70 / ec include provisions for encouraging the cultivation of biofuels in severely degraded and heavily contaminated land as an interim measure for mitigating against indirect land - use change . these provisions are no longer adequate in their current form and need to be integrated in the approach laid out in this directive to ensure that overall actions for minimising emission from indirect land - use change remain coherent . ### article 19 of directive 2009 / 28 / ec and article 7d of directive 98 / 70 / ec include provisions for encouraging the cultivation of biofuels in severely degraded and heavily contaminated land as an interim measure for mitigating against indirect land - use change . these provisions are no longer adequate in their current form and need to be integrated in the approach laid out in this directive to ensure that overall actions for minimising emission from indirect land - use change remain coherent . support must nevertheless continue to be provided for the use of degraded land to grow biofuels , where this does not cause any indirect land use change .


### by 31 december 2012 at the latest and every two years thereafter , the commission shall draw up a report on the estimated typical and default values in parts b and e of annex iv , paying special attention to greenhouse gas emissions from transport and processing . ### by 31 december 2012 at the latest and every two years thereafter , the commission shall draw up and publish a report on the estimated typical and default values in parts b and e of annex iv , paying special attention to greenhouse gas emissions from transport and processing .


### security of gas supply is a task of the natural gas undertakings , competent authorities of the member states , the industrial gas customers , and the commission within their respective areas of responsibility . it requires a high degree of cooperation between them . ### security of gas supply is a task of the natural gas undertakings , competent authorities of the member states , the industrial gas customers , and the commission within their respective areas of responsibility . a high degree of cooperation between them is required , and transparency and efficient exchange of information is essential .


### 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 .


### 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 concept of the socially - sustainable production process must be integrated into the definition and implementation of the union policies and activities , in particular with a view to promoting sustainable development and ensuring , throughout the supply chain , compliance with health , public safety and social norms and national and eu labour legislation . this directive clarifies how the contracting entities should contribute to the protection of the environment and the promotion of sustainable development and how they can use the discretionary power assigned to them to select technical specifications and award criteria with the aim of achieving socially - sustainable public procurement policy whilst ensuring the link with the subject - matter of the contract and that they can obtain the best value for money for their contracts .


### council decision 94 / 800 / ec of 22 december 1994 concerning the conclusion on behalf of the european community , as regards matters within its competence , of the agreements reached in the uruguay round multilateral negotiations , approved in particular the world trade organisation agreement on government procurement , hereinafter referred to as the “agreement” . the aim of the agreement is to establish a multilateral framework of balanced rights and obligations relating to public contracts with a view to achieving the liberalisation and expansion of world trade . for contracts covered by the agreement , as well as by other relevant international agreements by which the union is bound , contracting entities fulfil the obligations under those agreements by applying this directive to economic operators of third countries that are signatories to the agreements . ### council decision 94 / 800 / ec of 22 december 1994 concerning the conclusion on behalf of the european community , as regards matters within its competence , of the agreements reached in the uruguay round multilateral negotiations , approved in particular the world trade organisation agreement on government procurement , hereinafter referred to as the “agreement” . within that multilateral framework of balanced rights and obligations relating to public contracts , member states should endeavour to place union and third country businesses on an equal footing on the single market with a view to facilitating the integration of small and medium - sized enterprises and stimulating employment and innovation within the union . for contracts covered by the agreement , as well as by other relevant international agreements by which the union is bound , contracting authorities fulfil the obligations imposed by those various agreements by applying this directive to economic operators of third countries that are signatories to the agreements .


### council decision 94 / 800 / ec of 22 december 1994 concerning the conclusion on behalf of the european community , as regards matters within its competence , of the agreements reached in the uruguay round multilateral negotiations , approved in particular the world trade organisation agreement on government procurement , hereinafter referred to as the ‘ agreement’ . the aim of the agreement is to establish a multilateral framework of balanced rights and obligations relating to public contracts with a view to achieving the liberalisation and expansion of world trade . for contracts covered by the agreement , as well as by other relevant international agreements by which the union is bound , contracting entities fulfil the obligations under those agreements by applying this directive to economic operators of third countries that are signatories to the agreements . ### council decision 94 / 800 / ec of 22 december 1994 concerning the conclusion on behalf of the european community , as regards matters within its competence , of the agreements reached in the uruguay round multilateral negotiations , approved in particular the world trade organisation agreement on government procurement , hereinafter referred to as the ‘ agreement’ . the aim of the agreement is to establish a multilateral framework of balanced rights and obligations relating to public contracts upholding equal opportunities for union and third country economic operators to compete on equal terms in union and third country markets with a view to achieving the liberalisation and expansion of world trade . for contracts covered by the agreement , as well as by other relevant international agreements by which the union is bound , contracting entities fulfil the obligations under those agreements by applying this directive to economic operators of third countries that are signatories to the agreements .


### electronic means of communication are particularly well suited to support centralised purchasing practices and tools because of the possibility they offer to re - use and automatically process data and to minimise information and transaction costs . the use of such electronic means of communication should therefore , as a first step , be rendered compulsory for central purchasing bodies , while also facilitating converging practices across the union . this should be followed by a general obligation to use electronic means of communication in all procurement procedures after a transition period of two years . ### electronic means of communication are particularly well suited to support centralised purchasing practices and tools because of the possibility they offer to re - use and automatically process data , to minimise information and transaction costs and to ensure transparency . the use of such electronic means of communication should therefore , as a first step , be rendered compulsory for central purchasing bodies , while also facilitating converging practices across the union . this should be followed by a general obligation to use electronic means of communication in all procurement procedures after a transition period of two years .


### contracts should be awarded on the basis of objective criteria that ensure compliance with the principles of transparency , non - discrimination and equal treatment . those criteria should guarantee that tenders are assessed in conditions of effective competition , also where contracting entities require high - quality works , supplies and services that are optimally suited to their needs . as a result , contracting entities should be allowed to adopt as award criteria either ‘ the most economically advantageous tender’ or ‘ the lowest cost’ , taking into account that in the latter case they are free to set adequate quality standards by using technical specifications or contract performance conditions . ### contracts should be awarded on the basis of objective criteria that ensure compliance with the principles of transparency , non - discrimination and equal treatment . these criteria should guarantee that tenders are assessed in conditions of effective competition , at the same time ensuring that contracting authorities require high - quality works , supplies and services that are optimally suited to their needs and which include factors linked to socially - sustainable production process criteria . as a result , contracting entities should be allowed to adopt as award criteria either ‘ the most economically advantageous tender’ or ‘ the lowest cost’ , taking into account that in the latter case they should refer to adequate quality standards by using technical specifications or contract performance conditions .


### ‘ life cycle’ means all consecutive and / or interlinked stages , including production , transport , use and maintenance , throughout the existence of a product or a works or the provision of a service , from raw material acquisition or generation of resources to disposal , clearance and finalisation ; ### ‘ life cycle’ means all consecutive and / or interlinked stages , including production and location of production , transport , use and maintenance , throughout the existence of a product or works or the provision of a service , from raw material acquisition or generation of resources to disposal , clearance and finalisation ;


### 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 .


### contracting entities shall reject the tender , where they have established that the tender is abnormally low because it does not comply with obligations established by union legislation in the field of social and labour law or environmental law or by the international social and environmental law provisions listed in annex xiv . ### contracting entities shall reject the tender , where they have established that the tender is abnormally low because it does not comply with obligations established by union and national legislation , and by collective agreements applying in the place where the work , service , or supply is to be performed , in the field of social and labour law or environmental law , or by the international social and environmental law provisions listed in annex xiv .


### in the procurement documents , the contracting entity may ask , or may be required by a member state to ask , the tenderer to indicate in its tender any share of the contract it may intend to subcontract to third parties and any proposed subcontractors . ### in the procurement documents , the tenderer shall indicate to the contracting authority , in its tender , any share of the contract it may intend to subcontract to third parties and any proposed subcontractors .


### 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 is below 25% of the price of the initial contract , provided that the modification does not alter the overall nature of the contract . in addition , where the subject matter of the contract may be altered during the life of the contract as a result of : - an innovation or a significant technical development , or - technical difficulties as regards use or maintenance necessitating the intervention of the contractor or service provider performing the initial contract , or - the need for additional works , services , or supplies initially not provided for which cannot be technically or economically separated from the main contract without placing the contracting entity at a serious disadvantage , the modification shall not be considered to be substantial within the meaning of paragraph 1 . where several successive modifications are made , the value shall be assessed on the basis of the cumulative value of the successive modifications .


### 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 .


### to facilitate access to justice . ### to facilitate access to both preventive and litigious justice .


### 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 ;


### 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 .


### contractual arrangements may play a role in fostering the digitisation of european cultural heritage , it being understood that libraries , educational establishments , museums or archives and film heritage institutions may , with a view to undertake the uses permitted under this directive , conclude agreements with commercial partners for the digitisation and making available of orphan works . these agreements may include financial contributions by such partners . ### contractual arrangements may play a role in fostering the digitisation of european cultural heritage , it being understood that libraries , educational establishments , museums or archives , film heritage institutions and broadcasters may , with a view to undertake the uses permitted under this directive , conclude agreements with commercial partners for the digitisation and making available of orphan works . these agreements may include financial contributions by such partners .


### this directive should be without prejudice to existing arrangements in the member states concerning the management of rights such as extended collective licences . ### this directive is without prejudice to arrangements in the member states concerning the management of rights such as extended collective licences , legal presumptions of representation or transfer , mandatory collective management , or combinations of them .


### when a member state authorises , under the conditions established in this directive , the use of orphan works by publicly accessible libraries , educational establishments , museums , archives , film heritage institutions or public service broadcasting organisations for purposes beyond their public interest mission , rightholders who come forward to claim their works should be remunerated . such remuneration should take account of the type of work and the use concerned . member states may provide that revenues collected from such use of orphan works for the purpose of remuneration but which are unclaimed after the expiry of the period fixed in accordance with this directive should contribute to financing rights information sources that will facilitate diligent search , by low - cost and automated means , in respect of categories of works that fall actually or potentially within the scope of application of this directive . ### when a member state authorises , under the conditions established in this directive , the use of orphan works by publicly accessible libraries , educational establishments , museums , archives , film heritage institutions or public service broadcasting organisations for purposes beyond their public interest mission , rightholders who come forward to claim their works should be remunerated . such remuneration should be fair and proportionate , taking account of the type of work and the use concerned . member states may provide that revenues collected from such use of orphan works for the purpose of remuneration but which are unclaimed after the expiry of the period fixed in accordance with this directive should contribute to financing rights information sources that will facilitate diligent search , by low - cost and automated means , in respect of categories of works that fall actually or potentially within the scope of application of this directive .


### this directive applies to works first published or broadcast in a member state and which are : ### this directive applies to works protected by copyright which were first published or broadcast in a member state and which are :


### cinematographic , audio or audiovisual works produced by public service broadcasting organisations before the 31 december 2002 and contained in their archives . ### cinematographic , audio or audiovisual works produced by public service broadcasting organisations and contained in their archives .


### a diligent search is required to be carried out only in the member state of first publication or broadcast . ### a diligent search is required to be carried out , in good faith and in reasonable terms , only in the member state of first publication , broadcast or other form of public communication .


### member states shall ensure that a rightholder in a work considered to be orphan has , at any time , the possibility of putting an end to the orphan status . ### member states shall ensure that each rightholder to a work considered to be orphan has , at any time , the possibility to claim the respective copyrights , without prejudice to the orphan status of the work in respect of the rights of rightholders which have not been identified or located . a work shall only lose its status as an orphan work if all the rightholders to that work are identified or located .


### member states shall ensure that the organisations referred to in article 1 , when using orphan works in accordance with paragraph 1 , maintain records of their diligent search and publicly accessible records of use . ### member states shall ensure that the organisations referred to in article 1 , when using orphan works in accordance with article 6 : maintain records of their diligent searches ; maintain publicly accessible records of their use of orphan works ; indicate the name of any rightholder which has been identified but not located .


### the sources referred to in article 3 shall be the following : ### the sources referred to in article 3 shall include the following :


### regulation no 683 / 2008 of the european parliament and of the council of 9 july 2008 on the further implementation of the european satellite navigation programmes 7 makes provision in its annex that the specific objectives of the galileo programme are to ensure that the signals emitted by the system can be used in particular to offer a public regulated service restricted to government - authorised users , for sensitive applications which require a high level of service continuity . ### regulation no 683 / 2008 of the european parliament and of the council of 9 july 2008 on the further implementation of the european satellite navigation programmes 7 makes provision in its annex that the specific objectives of the galileo programme are to ensure that the signals emitted by the system can be used in particular to offer a public regulated service restricted to government - authorised users , for sensitive applications which require effective access control and a high level of service continuity .


### 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


### 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 and is therefore vital for services where high precision and complete reliability must be ensured . 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 . 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 . 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 . participation in 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 .


### generally speaking , the european union and the member states must do their utmost to ensure that both the system derived from the galileo programme and prs technologies and equipment are safe and secure , to prevent signals emitted for the prs from being used by non - authorised natural or legal persons , and to prevent any hostile use of the prs against them . ### generally speaking , the european union and the member states must do their utmost to ensure that both the system derived from the galileo programme and prs technologies and equipment are safe and secure , to prevent signals emitted for the prs from being used by non - authorised natural or legal persons , and to prevent any hostile use of the prs against them . a european monitoring system should therefore be introduced .


### it is important in this connection that the member states determine the system of penalties applicable in the event of non - compliance with the obligations stemming from this decision , and that they ensure that those penalties are applied . the penalties must be effective , proportionate and dissuasive . ### it is important in this connection that the commission determines the system of administrative measures applicable in the event of non - compliance with the obligations stemming from this decision , while the member states should determine what penalties are applicable when national provisions enacted pursuant to this decision are infringed . the member states should ensure that those penalties and administrative measures are applied . in all cases , the administrative measures and the penalties must be effective , proportionate and dissuasive . when administrative measures or penalties are imposed , the right of appeal for the accused individual or entity should be guaranteed .


### the council is also called upon to play a role in managing the prs , both through the application of council joint action 2004 / 552 / cfsp of 12 july 2004 on aspects of the operation of the european satellite radio - navigation system affecting the security of the european union , and through the approval of international agreements authorising a non - member country or an international organisation to use the prs . ### the council is also called upon to play a role in managing the prs , both through the application of council joint action 2004 / 552 / cfsp of 12 july 2004 on aspects of the operation of the european satellite radio - navigation system affecting the security of the european union and through the approval of international agreements authorising a non - member country or an international organisation to use the prs . the security governance must be clear in the event of an immediate attack by a hostile state or non - state actor against the union , the member states or partner countries using prs or other galileo services . the council should therefore update appropriately joint action 2004 / 552 / cfsp following the changes made by the lisbon treaty , especially the role of high representative for foreign affairs and security policy / vice - president of the commission on disrupting or significantly modifying the service in the event of an immediate threat .


### with regard to export control , exports outside the european union of equipment or technology relating to prs use must be restricted to those non - member countries which are duly authorised to access the prs under an international agreement with the european union ### in general terms , dual - use technology must be subject to effective control when exported from the european union . the member states , when considering export - control requests for gnss - related items from their industries , must comply with the provisions of european and international export control regimes , such as the wassenaar arrangement on export controls for conventional arms and dual - use goods and technologies . with regard to equipment or technology relating to prs use , in particular , exports must be restricted to those non - member countries which are duly authorised to access the prs under an international agreement with the european union .


### the council , the commission and the member states shall have unlimited and uninterrupted access to the prs worldwide . ### the council , the commission and all the member states shall have the right to unlimited and uninterrupted access to the prs worldwide


### prs users shall be natural or legal persons duly authorised by the prs participants to own or use a prs receiver . ### prs users shall be natural or legal persons , including governmental bodies , duly authorised by the prs participants to own or use a prs receiver .


### 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 . ### each member state shall ensure that security regulations ensuring a degree of protection at least equivalent to that guaranteed by the commission’s rules on security1 and by the security regulations of the council2 apply to all natural persons resident on its territory and all legal entities established on its territory that deal with eu classified information concerning the prs . 2a . member states shall immediately inform the commission of the adoption of national security regulations as referred to in paragraph 1 . 2b . natural persons resident in third countries and legal entities established in third countries may deal with eu classified information concerning the prs only where they are subject , in those countries , to security regulations ensuring a degree of protection at least equivalent to that guaranteed by the commission ' s rules on security set out in the annex to decision 2001 / 844 / ec , ecsc , euratom and by the security regulations of the council set out in the annex to decision 2001 / 264 / ec . the security regulations of the esa shall be considered as equivalent to those rules and regulations . the equivalence of security regulations applied in a third country may be recognised in an agreement with that country . 1 commission decision 2001 / 844 / ec , ecsc , euratom of 29 november 2001 amending its internal rules of procedure . 2 council decision 2001 / 264 / ec of 19 march 2001 adopting the council ' s security regulations .


### if it emerges that data relating to the prs have been disclosed to third parties not authorised to receive them , the commission shall launch an inquiry , inform the council and the parliament of the results of its investigations and take appropriate measures to remedy the consequences of the improper disclosure . ### if it emerges that data relating to the prs have been disclosed to third parties not authorised to receive them , the commission shall take appropriate measures to make sure that the breach does not continue and shall : inform the originator ; assess the potential damage caused to the interests of the union or of the member states ; take appropriate measures to prevent a recurrence ; and notify the appropriate authorities of the action taken ; and inform the european parliament and the council of the results of these actions ;


### penalties ### penalties and administrative measures


### member states shall determine what penalties are applicable when national provisions enacted pursuant to this decision are infringed . the penalties shall be effective , proportionate and dissuasive . ### member states shall determine what penalties and administrative measures are applicable when national provisions enacted pursuant to this decision are infringed .


### the commission shall , with the help of the member states and the european gnss agency , ensure that the competent prs authorities comply with the minimum common standards , in particular by carrying out audits or inspections . ### the commission shall , with the help of the member states and the european gnss agency , ensure that the competent prs authorities comply with the minimum common standards , in particular by carrying out audits or inspections on a regular basis .


### the authority responsible for approving the security of european satellite navigation systems may at any time withdraw from a body referred to in paragraph 1 the authorisation it has granted to that body to manufacture prs receivers and the associated security modules if it appears that the measures provided for in paragraph 3 have not been complied with . ### the authority responsible for approving the security of european satellite navigation systems may at any time withdraw from a body referred to in paragraph 1 the authorisation it has granted to that body to manufacture prs receivers and the associated security modules if it appears that the measures provided for in paragraph 3 have not been complied with . the decision on withdrawal of authorisation shall be subject to appeal . in the case of endangering the security of system based on the previous , current or potential acts of the bodies referred to in paragraph 1 , the appeal procedure has no suspensive effect .


### a non - member country on whose territory a reference station housing prs equipment and forming part of the system derived from the galileo programme is installed shall not be considered merely by virtue of that fact to be a prs participant . the commission shall lay down in conjunction with the non - member country the detailed rules for hosting and operating the reference station housing prs equipment . ### a non - member country on whose territory a reference station housing prs equipment and forming part of the system derived from the galileo programme is installed shall not be considered merely by virtue of that fact to be a prs participant . the commission shall lay down in conjunction with the non - member country the detailed rules for hosting and operating the reference station housing prs equipment . these detailed rules shall include the possibility of access to the reference station for control purposes for the appropriate european bodies .


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


### since any incident affecting the security of the prs must be notified , each competent prs authority shall implement methods of detecting and rectifying the incident and of reporting it to the security centre . ### since any event affecting the security of the prs must be notified , each competent prs authority shall implement methods of detecting and rectifying the event and of reporting it to the security centre .


### given that rice constitutes a staple of the diet of réunion , and since the island does not produce sufficient quantities to meet local requirements , the import of this product to the island should continue to be exempt from any form of import tax . ### given that rice constitutes a staple of the diet on réunion , and since the island does not produce sufficient quantities to meet local requirements , the import of this product to the island should continue to be exempt from any form of import tax .


### farmers in the outermost regions should be encouraged to supply high - quality products and to prioritise their marketing . use of the logo introduced by the union may be useful to this end . ### farmers in the outermost regions should be encouraged to supply high - quality products and to prioritise their marketing . use of the logo introduced by the union may be useful to this end . the use of quality indicators such as labels or controlled designations of origin should be encouraged in order to promote the products of the outermost regions .


### preservation and development of agricultural activities in the outermost regions , including the production , processing and the sale of local products . ### preservation and development of agricultural activities in the outermost regions , including the production , processing and the sale of local production and products .


### specific measures to assist local agricultural production as provided for in chapter iv . ### specific measures to assist local agricultural production as set out in chapter iv .


### depending on the annual evaluation of the implementation of measures included in the posei programmes , the member states may submit to the commission proposals for amendments thereto within the context of the financial allocation referred to in article 29 and , to bring them more into line with the requirements of the outermost regions and the strategy proposed . the commission shall adopt by means of an implementing act the uniform measures for the submission of proposals for amendments to the programme . ### depending on the annual evaluation of the implementation of measures included in the posei programmes , the member states may , after consulting local authorities , submit to the commission proposals for amendments thereto within the context of the financial allocation referred to in article 29 and , to bring them more into line with the requirements of the outermost regions and the strategy proposed . the commission shall adopt by means of an implementing act the uniform measures for the submission of proposals for amendments to the programme .


### no aid shall be granted for the supply of products which have already benefited from the specific supply arrangements in another outermost region . ### no aid shall be granted for the supply of products which have already benefited from the specific supply arrangements in another outermost region , in accordance with article 12 , which deals with the impact of the advantage .


### the part of the programme which includes measures to assist local agricultural production shall comprise at least the following elements : ### the parts of the programme which include measures to assist local agricultural production shall comprise at least the following elements :


### notwithstanding article 114 of regulation no 1234 / 2007 , the production in madeira and in the french overseas department of réunion of uht milk reconstituted from milk powder originating in the union shall be authorised within the limits of local consumption requirements , in so far as this measure does not hinder that locally produced milk is collected and finds outlets . this product shall be used for local consumption only . ### notwithstanding article 114 of regulation no 1234 / 2007 , the production in madeira and in the french overseas department of réunion of uht milk reconstituted from milk powder originating in the union shall be authorised within the limits of local consumption requirements , in so far as this measure does not hinder that locally produced milk is collected and finds outlets . should the member state in question demonstrate the expediency of such a measure for the french overseas departments of martinique and guadeloupe , the commission shall be empowered , in accordance with article 33 , to adopt the necessary delegated acts in order to extend this measure to the aforementioned departments . this product shall be used for local consumption only .


### not later than 30 june 2015 , and thereafter every five years , the commission shall submit a general report to the european parliament and the council showing the impact of the action taken under this regulation , including in the banana sector , accompanied if applicable by appropriate proposals . ### not later than 30 june 2015 , and thereafter every five years , the commission shall submit a general report to the european parliament and the council showing the impact of the action taken under this regulation , including in the banana and milk sectors , accompanied if applicable by appropriate proposals .


### the rules of member states require that construction works be designed and executed so as not to endanger the safety of persons , domestic animals or property . ### the rules of member states require that construction works be designed and executed so as not to endanger the safety of persons , domestic animals or property nor damage the environment .


### where applicable , provisions for an intended use of a construction product in a member state , aimed at fulfilling basic requirements for construction works , determine the essential characteristics the performance of which should be declared . ### where applicable , provisions for an intended use of a construction product in a member state , aimed at fulfilling basic requirements for construction works , determine the essential characteristics the performance of which should be declared . in order to avoid an empty declaration of performance at least one essential characteristic of a construction product relevant for the declared use or uses should be declared .


### the european committee for standardisation and the european committee for electrotechnical standardisation are recognised as the competent organisations for the adoption of harmonised standards in accordance with the general guidelines for cooperation between the commission and those two organisations signed on 28 march 2003 . manufacturers should use those harmonised standards when the references to them have been published in the official journal of the european union and in accordance with the criteria established under directive 98 / 34 / ec of the european parliament and of the council of 22 june 1998 laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on information society services1 . ### the european committee for standardisation and the european committee for electrotechnical standardisation are recognised as the competent organisations for the adoption of harmonised standards in accordance with the general guidelines for cooperation between the commission and those two organisations signed on 28 march 2003 . manufacturers should use those harmonised standards when the references to them have been published in the official journal of the european union and in accordance with the criteria established under directive 98 / 34 / ec of the european parliament and of the council of 22 june 1998 laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on information society services1 . once a sufficient level of technical and scientific expertise on all the relevant aspects is attained , recourse to harmonised standards with regard to construction products should be increased , including , where appropriate , by mandating those standards to be developed on the basis of existing european assessment documents .


### the establishment of draft european assessment documents and the issuing of european technical assessments should be entrusted to technical assessment bodies designated by member states . in order to ensure that tabs have the necessary competence for carrying out those tasks , the requirements for their designation should be set out at union level . ### the establishment of draft european assessment documents and the issuing of european technical assessments should be entrusted to technical assessment bodies designated by member states . in order to ensure that tabs have the necessary competence for carrying out those tasks , the requirements for their designation should be set out at union level . the designated tabs should be self - financed , where possible .


### tabs should establish an organisation , supported , where applicable , through union financing , to coordinate procedures for the establishment of draft european assessment documents and for the issuing of the european technical assessments . ### tabs should establish an organisation , supported , where applicable , through union financing , to coordinate procedures for the establishment of draft european assessment documents and for the issuing of the european technical assessments , ensuring the transparency and the necessary confidentiality of those procedures .


### 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 .


### 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 .


### in order to facilitate the free movement of goods , product contact points for construction should provide , free of charge , information about provisions aimed at fulfilling basic requirements for construction works applicable to the intended use of each construction product in the territory of each member state . product contact points may also provide economic operators with additional information or observations . for additional information , product contact points should be allowed to charge fees that are proportionate to the costs of providing such information or observations . ### in order to facilitate the free movement of goods , product contact points for construction should provide , free of charge , information about provisions aimed at fulfilling basic requirements for construction works applicable to the intended use of each construction product in the territory of each member state . product contact points may also provide economic operators with additional information or observations . for additional information , product contact points should be allowed to charge fees that are proportionate to the costs of providing such information or observations . member states should furthermore ensure that sufficient resources are allocated to the product contact points .


### with regard to the tasks defined in article 10 of regulation no 764 / 2008 , each member state shall ensure that the product contact points for construction provide information on the provisions within its territory aimed at fulfilling basic requirements for construction works applicable for the intended use of each construction product , as provided for in article 6 of this regulation . ### with regard to the tasks defined in article 10 of regulation no 764 / 2008 , each member state shall ensure that the product contact points for construction provide information , using transparent and easily understandable terms , on the provisions within its territory aimed at fulfilling basic requirements for construction works applicable for the intended use of each construction product , as provided for in article 6 of this regulation .


### manufacturers shall draw up a declaration of performance in accordance with articles 4 to&#160 ; 7 , and affix the ce marking in accordance with articles 8 and 9 . ### manufacturers shall draw up a declaration of performance in accordance with articles 4 and 6 , and affix the ce marking in accordance with articles 8 and 9 .


### before placing a construction product on the market , importers shall ensure that the assessment and the verification of constancy of performance has been carried out by the manufacturer . they shall ensure that the manufacturer has drawn up the technical documentation referred to in the second subparagraph of article 11 and the declaration of performance in accordance with articles 4 , 6 and 7 . they shall also ensure that the product , where required , bears the ce marking , that the product is accompanied by the required documents and that the manufacturer has complied with the requirements set out in article 11 and . ### before placing a construction product on the market , importers shall ensure that the assessment and the verification of constancy of performance has been carried out by the manufacturer . they shall ensure that the manufacturer has drawn up the technical documentation referred to in the second subparagraph of article 11 and the declaration of performance in accordance with articles 4 and 6 . they shall also ensure that the product , where required , bears the ce marking , that the product is accompanied by the required documents and that the manufacturer has complied with the requirements set out in article 11 and .


### when a member state or the commission considers that a harmonised standard does not entirely satisfy the requirements set out in the relevant mandate , the member state concerned or the commission shall bring the matter before the committee set up under article 5 of directive 98 / 34 / ec , giving its arguments . that committee shall , after having consulted the relevant european standardisation bodies and the standing committee on construction , deliver its opinion without delay . ### when a member state or the commission considers that a harmonised standard does not entirely satisfy the requirements set out in the relevant mandate , the member state concerned or the commission , after having consulted the standing committee on construction , shall bring the matter before the committee set up under article 5 of directive 98 / 34 / ec , giving its arguments . that committee shall , after having consulted the relevant european standardisation bodies deliver its opinion without delay .


### obligations of the responsible tab when receiving a request for a european technical assessment ### obligations of the tab receiving a request for a european technical assessment


### the tab receiving a request for a european technical assessment shall inform the manufacturer if the construction product is covered , fully or partially , by a harmonised technical specification as follows : where the product is fully covered by a harmonised standard , the responsible tab shall inform the manufacturer that , in accordance with article 19 , a european technical assessment cannot be issued ; where the product is fully covered by a european assessment document , the responsible tab shall inform the manufacturer that such a document will be used as the basis for the european technical assessment to be issued ; where the product is not covered , or not fully covered , by any harmonised technical specification , the responsible tab shall apply the procedures set out in annex ii or those established in accordance with article 19 . ### the tab receiving a request for a european technical assessment shall inform the manufacturer if the construction product is covered , fully or partially , by a harmonised technical specification as follows : where the product is fully covered by a harmonised standard , the tab shall inform the manufacturer that , in accordance with article 19 , a european technical assessment cannot be issued ; where the product is fully covered by a european assessment document , the tab shall inform the manufacturer that such a document will be used as the basis for the european technical assessment to be issued ; where the product is not covered , or not fully covered , by any harmonised technical specification , the tab shall apply the procedures set out in annex ii or those established in accordance with article 19 .


### in cases referred to in paragraph 1 and , the responsible tab shall inform the organisation of tabs and the commission of the content of the request and of the reference to a relevant commission decision for assessment and verification of constancy of performance , which the responsible tab intends to apply for that product , or of the lack of such a commission decision . ### in cases referred to in paragraph 1 and , the tab shall inform the organisation of tabs and the commission of the content of the request and of the reference to a relevant commission decision for assessment and verification of constancy of performance , which the tab intends to apply for that product , or of the lack of such a commission decision .


### european assessment documents adopted by the organisation of tabs shall be sent to the commission , which shall publish a list of references of the adopted european assessment documents in the official journal of the european union . the commission shall publish any updates to that list . ### european assessment documents adopted by the organisation of tabs shall be sent to the commission , which shall publish a list of references of the final european assessment documents in the official journal of the european union . the commission shall publish any updates to that list .


### a european assessment document shall contain , at least , a general description of the construction product , the essential characteristics and the methods and criteria for assessing the performance in relation to its essential characteristics , which are related to its use as foreseen by the manufacturer . in particular , a european assessment document shall contain the list of essential characteristics , relevant for the intended use of the product and agreed between the manufacturer and the organisation of tabs . ### a european assessment document shall contain , at least , a general description of the construction product , the list of essential characteristics , relevant for the intended use of the product as foreseen by the manufacturer , and agreed between the manufacturer and the organisation of tabs , as well as the methods and criteria for assessing the performance of the product in relation to those essential characteristics .


### member states may designate tabs within their territories , notably for one or several product areas listed in table 1 of annex iv . member states which have designated a tab shall communicate to the other member states and the commission its name and address and the product areas for which that tab is designated . ### member states may designate tabs within their territories , notably for one or several product areas listed in table 1 of annex iv . member states which have designated a tab shall communicate to the other member states and the commission its name and address and the product areas and / or construction products for which that tab is designated .


### the commission shall make publicly available by electronic means the list of tabs indicating the product areas and / or construction products for which they are designated . the commission shall make any updates to that list publicly available . ### the commission shall make publicly available by electronic means the list of tabs indicating the product areas and / or construction products for which they are designated , endeavouring to achieve the highest possible level of transparency . the commission shall make any updates to that list publicly available .


### organise the coordination of the tabs and ensure cooperation with other&#160 ; stakeholders ; ### organise the coordination of the tabs and ensure cooperation and consultation with other&#160 ; stakeholders , if necessary ;


### the commission shall evaluate the relevance of the tasks set out in article 31 that receive union financing in the light of the requirements of union policies and legislation , and inform the european parliament and the council of the outcome of that evaluation by 1 january 2017 and every five years thereafter . ### the commission shall evaluate the relevance of the tasks set out in article 31 that receive union financing in the light of the requirements of union policies and legislation , and inform the european parliament and the council of the outcome of that evaluation by 1 january 2017 and every four years thereafter .


### the construction product , covered by a harmonised technical specification , which the manufacturer places on the market is a system made of components , which the manufacturer assembles duly following precise instructions given by the provider of such a system or of a component thereof , who has already tested that system or that component for one or several of its essential characteristics in accordance with the relevant harmonised technical specification . when these conditions are fulfilled , the manufacturer is entitled to declare performance corresponding to all or part of the test results for the system or the component provided to him . the manufacturer may use the test results obtained by another manufacturer or system provider only after having obtained an authorisation of that manufacturer or system provider , who remains responsible for the accuracy , reliability and stability of those test results . ### under the conditions that the construction product , covered by a harmonised technical specification , which the manufacturer places on the market is a system made of components , which the manufacturer assembles duly following precise instructions given by the provider of such a system or of a component thereof , who has already tested that system or that component for one or several of its essential characteristics in accordance with the relevant harmonised technical specification , the manufacturer is entitled to declare performance corresponding to all or part of the test results for the system or the component provided to him . the fulfilment of these conditions shall be appropriately documented . the manufacturer may use the test results obtained by another manufacturer or system provider only after having obtained an authorisation of that manufacturer or system provider , who remains responsible for the accuracy , reliability and stability of those test results .


### a notified body and its personnel shall carry out the third party tasks in the process of assessment and verification of constancy of performance with the highest degree of professional integrity and requisite technical competence in the specific field and must be free from all pressures and inducements , particularly financial , which might influence their judgement or the results of their assessment and / or verification activities , especially from persons or groups of persons with an interest in the results of those activities . ### a notified body and its personnel shall carry out , with transparency as regards the manufacturer , the third party tasks in the process of assessment and verification of constancy of performance with the highest degree of professional integrity and requisite technical competence in the specific field and must be free from all pressures and inducements , particularly financial , which might influence their judgement or the results of their assessment and / or verification activities , especially from persons or groups of persons with an interest in the results of those activities .


### the powers to adopt delegated acts referred to in article 60 shall be conferred on the&#160 ; commission for a period of five years from . . . * the commission shall make a report in respect of the delegated powers at the latest six months before the end of the five - year period . the delegation of powers shall be automatically extended for periods of an identical duration , unless the european parliament or the council revokes it in accordance with article 62 . ### the powers to adopt delegated acts referred to in article 60 shall be conferred on the&#160 ; commission for a period of five years from . . . * the commission shall make a report in respect of the delegated powers at the latest six months before the end of the five - year period . the delegation of powers shall be tacitly extended for periods of an identical duration , unless the european parliament or the council revokes it in accordance with article 62


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


### construction works as a whole and in their separate parts must be fit for their intended use . subject to normal maintenance , construction works must satisfy these basic requirements for construction works for an economically reasonable working life . ### construction works as a whole and in their separate parts must be fit for their intended use , taking particularly into account the health and safety of persons involved throughout the life cycle of the works . subject to normal maintenance , construction works must satisfy these basic requirements for construction works for an economically reasonable working life .


### the construction works must be designed and built in such a way that they will not be a threat to the hygiene or health of their occupants or neighbours , nor have an exceedingly high impact , over their entire life cycle , on the environmental quality or on the climate , during their construction , use and demolition , in particular as a result of any of the following : ### the construction works must be designed and built in such a way that they will , throughout their life cycle , not be a threat to the hygiene or health and safety of their workers , occupants or neighbours , nor have an exceedingly high impact , over their entire life cycle , on the environmental quality or on the climate , during their construction , use and demolition , in particular as a result of any of the following :


### the construction works and their heating , cooling , lighting and ventilation installations must be designed and built in such a way that the amount of energy they require in use shall be low , when account is taken of the occupants and of the climatic conditions of the location . ### the construction works and their heating , cooling , lighting and ventilation installations must be designed and built in such a way that the amount of energy they require in use shall be low , when account is taken of the occupants and of the climatic conditions of the location . construction works must also be energy - efficient , using as little energy as possible during their life cycle .


### when a manufacturer makes a request for a european technical assessment to any tab for a construction product , and after the manufacturer and the tab have signed an agreement of commercial secrecy and confidentiality , he shall submit to the responsible tab a technical file describing the product , its use as foreseen by the manufacturer and details of the factory production control he intends to apply . ### when a manufacturer makes a request for a european technical assessment to any tab for a construction product , and after the manufacturer and the tab have signed an agreement of commercial secrecy and confidentiality , if requested by the manufacturer , he shall submit to the tab a technical file describing the product , its use as foreseen by the manufacturer and details of the factory production control he intends to apply .


### serious forms of child sexual abuse and sexual exploitation should be subject to effective , proportionate and dissuasive sanctions . this includes , in particular , various forms of sexual abuse and sexual exploitation facilitated by the use of information and communication technology . the definition of child pornography should also be clarified and brought closer to that contained in international instruments . ### serious forms of child sexual abuse and sexual exploitation should be subject to effective , proportionate and dissuasive sanctions . this includes , in particular , various forms of sexual abuse and sexual exploitation facilitated by the use of information and communication technology such as ' grooming ' in social networks and chat rooms . the definition of child pornography should also be clarified and brought closer to that contained in international instruments .


### rules on jurisdiction should be amended to ensure that child sexual abusers or exploiters from the european union face prosecution even if they commit their crimes outside the european union , in particular via so - called sex tourism . ### it is crucial to strengthen the effectiveness of laws , including extraterritorial criminal laws in order to ensure that child sexual abusers or exploiters from the european union face prosecution even if they commit their crimes outside the european union , in particular via so - called sex tourism , a phenomenon that is spreading geographically with serious implications .


### abuse is made of a particularly vulnerable situation of the child , notably because of a mental or physical disability or a situation of dependence shall be punishable by a maximum term of imprisonment of at least eight years ; or ### abuse is made of a particularly vulnerable situation of the child , notably because of a mental or physical disability or poverty and social exclusion or a situation of dependence shall be punishable by a maximum term of imprisonment of at least eight years ; or


### the organisation of travel arrangements with the purpose of committing any of the offences referred to in articles 3 to 6 . ### the organisation of travel and / or other arrangements with the purpose of committing any of the offences referred to in articles 3 to 6 .


### the offence was committed against a child in a particularly vulnerable situation , notably because of a mental or physical disability or a situation of dependence ; ### the offence was committed against a child in a particularly vulnerable situation , notably because of a mental or physical disability or poverty and social exclusion or a situation of dependence ;


### member states shall provide for the possibility of not prosecuting or imposing penalties on child victims of the offences referred to in articles 4 and article 5 to for their involvement in unlawful activities as a direct consequence of being subjected to those offences . ### member states shall not prosecute child victims or impose penalties on child victims of the offences referred to in articles 4 and article 5 to for their involvement in unlawful activities as a direct consequence of being subjected to those offences .


### member states shall take the necessary measures to enable investigative units or services to attempt to identify the victims of the offences referred to in articles 3 to 7 , in particular by analysing child pornography material , such as photographs and audiovisual recordings transmitted or made available by means of information and communication technology . ### member states shall take the necessary measures to enable and support investigative units or services to attempt to identify the victims of the offences referred to in articles 3 to 7 , in particular by analysing child pornography material , such as photographs and audiovisual recordings transmitted or made available by means of information and communication technology .


### without prejudice to the rights of the defence , member states shall take the necessary measures to ensure that in criminal investigations of any of the offences referred to in articles 3 to 7 : ### without prejudice to the rights of the defence , member states shall take the necessary measures to ensure that in criminal proceedings of any of the offences referred to in articles 3 to 7 :


### interviews with the child victim take place , where necessary , in premises designed or adapted for this purpose ; ### interviews with the child victim take place , where necessary , in premises designed or adapted for this purpose , and where the child feels safe ;


### the child victim may be accompanied by his or her legal representative or , where appropriate , an adult of his or her choice , unless a reasoned decision has been made to the contrary in respect of that person . ### the child victim should be accompanied by his or her appointed guardian , legal representative or , where appropriate , an adult of his or her choice , unless a reasoned decision has been made to the contrary in respect of that person .


### member states shall take the necessary measures to ensure , in criminal court proceedings relating to any of the offences referred to in articles 3 to 7 , that it may be ordered that : ### member states shall take the necessary measures to ensure , in criminal court proceedings relating to any of the offences referred to in articles 3 to 7 , that it must be ordered that :


### member states shall take the necessary measures to ensure that effective intervention programmes or measures are made available with a view to preventing and minimising the risks of repeated offences of a sexual nature against children . these programmes or measures shall be accessible at any time during the criminal proceedings , inside and outside prison , according to the conditions laid down in national law . ### member states shall take the necessary measures to ensure that effective intervention programmes or measures are made available with a view to preventing and minimising the risks of repeated offences of a sexual nature against children such as measures for the rehabilitation and reintegration of the offender . these programmes or measures shall be accessible at any time during the criminal proceedings , inside and outside prison , according to the conditions laid down in national law .