### in order to address the potentially detrimental effect of poorly designed remuneration structures on the sound management of risk and control of risk - taking behaviour by individuals , the requirements of directive 2006 / 48 / ec should be supplemented by an express obligation for credit institutions and investment firms to establish and maintain , for those categories of staff whose professional activities have a material impact on their risk profile , remuneration policies and practices that are consistent with effective risk management . ### in order to address the potentially detrimental effect of poorly designed remuneration structures on the sound management of risk and control of risk - taking behaviour by individuals , the requirements of directive 2006 / 48 / ec should be supplemented by an express obligation for credit institutions and investment firms to establish and maintain , for those categories of staff whose professional activities clearly have a material impact on their risk profile , remuneration policies and practices that are consistent with effective risk management . those categories of staff should include , at least , senior management , risk takers and control functions .


### because excessive and imprudent risk - taking may undermine the financial soundness of financial institutions and destabilise the banking system , it is important that the new obligation concerning remuneration policies and practices should be implemented in a consistent manner . it is therefore appropriate to specify core principles on sound remuneration to ensure that the structure of remuneration does not encourage excessive risk - taking by individuals and is aligned with the risk appetite , values and long - term interests of the institution . in order to ensure that the design of remuneration policies is integrated in the risk management of the financial institution , the management body of each credit institution or investment firm should establish the general principles to be applied , and the policies should be subject to at least annual independent internal review . ### because excessive and imprudent risk - taking may undermine the financial soundness of financial institutions and destabilise the banking system , it is important that the new obligation concerning remuneration policies and practices should be implemented in a consistent manner . it is therefore appropriate to specify clear and transparent core principles on sound remuneration , which are established with the involvement of staff members and their representatives within the firm , to ensure that the structure of remuneration does not encourage excessive risk - taking by individuals and is aligned with the risk appetite , values and long - term interests of the institution and the institution ' s employees . in order to ensure that the design of remuneration policies is integrated in the risk management of the financial institution , the management body of each credit institution or investment firm should establish the general principles to be applied , and the policies should be subject to at least annual independent internal review . credit institutions and investment firms of a significant size should set up internal independent remuneration committees as part of their governance structure . remuneration committees should cooperate with the risk and compliance function in order to supervise the incentives created for managing risk , capital and liquidity .


### remuneration policy should aim at aligning the personal objectives of staff members with the long - term interests of the credit institution or investment firm concerned . the assessment of the performance - based components of remuneration should be based on longer - term performance and take into account the outstanding risks associated with the performance . the assessment of performance should be set in a multi - year framework , for example of three to five years , in order to ensure that the assessment process is based on longer - term performance and that the actual payment of performance - based components of remuneration is spread over the business cycle of the firm . ### remuneration policy should aim at aligning the personal objectives of staff members with the long - term interests of the credit institution or investment firm concerned . the assessment of the performance - based components of remuneration should be based on longer - term performance and take into account the outstanding risks associated with the performance . the assessment of performance should be set in a multi - year framework , for example of three to five years , in order to ensure that the assessment process is based on longer - term performance and that the actual payment of performance - based components of remuneration is spread over the business cycle of the firm . corporate social responsibility and sustainable development targets should be included in the assessment of longer - term performance justifying the payment of deferred variable remuneration , for example by use of the european foundation for quality managment model .


### the provisions on remuneration should be without prejudice to the rights , where applicable , of social partners in collective bargaining . ### the provisions on remuneration should be without prejudice to the full exercise of fundamental rights guaranteed by the treaties , in particular the right of social partners to conclude and enforce collective agreements , in accordance with national laws and traditions .


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


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


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


### for the purposes of determining the appropriate level of own funds in the supervisory review process carried out in accordance with article 124 , the competent authorities shall assess whether any imposition of a specific own funds requirement in excess of the minimum level is required to capture risks to which a credit institution might be exposed , taking into account the following : ### for the purposes of determining the appropriate level of own funds on the basis of the review and evaluation carried out in accordance with article 124 , the competent authorities shall assess whether any imposition of a specific own funds requirement in excess of the minimum level is required to capture risks to which a credit institution is or might be exposed , taking into account the following :


### the outcome of the supervisory review process carried out in accordance with article 124 . ### the outcome of the review and evaluation carried out in accordance with article 124 .


### when establishing and applying the remuneration policies for those categories of staff whose professional activities have a material impact on their risk profile , credit institutions shall comply with the following principles in a way that is appropriate to their size , internal organisation and the nature , the scope and the complexity of their activities : ### when establishing and applying the remuneration policies for those categories of staff whose professional activities clearly have a material impact on their risk profile , credit institutions shall comply with the following principles in a way that is appropriate to their size , internal organisation and the nature , the scope and the complexity of their activities :


### the implementation of the remuneration policy is , at least annually , subject to central and independent internal review for compliance with policies and procedures for remuneration defined by the management body ; ### the implementation of the remuneration policy is , at least annually , subject to central and independent internal review for compliance with policies and procedures for remuneration adopted by the management body ;


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


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


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


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


### the following information shall be disclosed regarding the remuneration policy and practices of the credit institution for those categories of staff whose professional activities have a material impact on their risk profile : ### the following information , including regular updates , shall be disclosed to the public regarding the remuneration policy and practices of the credit institution for those categories of staff whose professional activities have a material impact on their risk profile :


### for the purposes of point 10b and 10b , the multiplication factor shall be increased by a plus - factor of between 0 and 1 in accordance with table 1 , depending on the number of overshootings for the most recent 250 business days as evidenced by the institution ' s back - testing of the value - at - risk measure as set out in point 10 . competent authorities shall require the institutions to calculate overshootings consistently on the basis of back - testing on hypothetical changes in the portfolio ' s value . an overshooting is a one - day change in the portfolio ' s value that exceeds the related one - day value - at - risk measure generated by the institution ' s model . for the purpose of determining the plus - factor the number of overshootings shall be assessed at least quarterly . ### for the purposes of point 10b and 10b , the multiplication factor shall be increased by a plus - factor of between 0 and 1 in accordance with table 1 , depending on the number of overshootings for the most recent 250 business days as evidenced by the institution ' s back - testing of the value - at - risk measure as set out in point 10 . competent authorities shall require the institutions to calculate overshootings consistently on the basis of back - testing on hypothetical and clean changes in the portfolio ' s value . an overshooting is a one - day change in the portfolio ' s value that exceeds the related one - day value - at - risk measure generated by the institution ' s model . for the purpose of determining the plus - factor the number of overshootings shall be assessed at least quarterly and shall be equal to the higher of the number of overshootings under hypothetical and clean changes in the value of the portfolio .


### member states obligations to make information on terms and conditions of employment generally available and to provide effective access to it , not only to service providers from other member states , but also to the posted workers concerned , should be further concretised . ### member states obligations to make information on terms and conditions of employment generally available free of charge and to provide effective access to it , not only to service providers from other member states , but also to the posted workers concerned , should be further concretised .


### in order to ensure the correct application of , and to monitor compliance with , the substantive rules on the terms and conditions of employment to be respected with regard to posted workers , member states should apply only certain control measures or administrative formalities to undertakings posting workers for the provision of services . such measures and requirements may only be imposed provided that the competent authorities cannot carry out their supervisory task effectively without the requested information and the necessary information cannot be obtained easily from the employer of posted workers or the authorities in the member state of establishment of the service provider within a reasonable delay and / or less restrictive measures would not ensure that the objectives of the national controls measures deemed necessary are attained . ### in order to ensure the correct application of , and to monitor compliance with , the substantive rules on the terms and conditions of employment to be respected with regard to posted workers , member states should apply all necessary control measures or administrative formalities to undertakings posting workers for the provision of services ; the possibility to take different control measures should not be limited .


### member states should take appropriate measures in the event of failure to comply with the obligations laid down in this directive , including administrative and judicial procedures , and should provide for effective , dissuasive and proportionate penalties for any breaches of the obligations under this directive . ### member states should take appropriate measures in the event of failure to comply with the obligations laid down in this directive , including administrative and judicial procedures , and should provide for effective , dissuasive and proportionate penalties for any breaches of the obligations under this directive . good cooperation between the member states is essential for a correct enforcement of directive 96 / 71 / ec and for creating a level playing field for companies and workers .


### this directive establishes a general common framework of appropriate provisions , measures and control mechanisms necessary for better and more uniform implementation , application and enforcement in practice of directive 96 / 71 / ec , including measures to prevent and sanction any abuse and circumvention of the applicable rules . ### this directive sets up provisions , measures and control mechanisms to ensure a better and more uniform implementation , application and enforcement by the member states in practice of directive 96 / 71 / ec , including measures to prevent and sanction any abuse and circumvention of the applicable rules .


### member states shall take the appropriate measures to ensure that the information on the terms and conditions of employment referred to in article 3 of directive 96 / 71 / ec which are to be applied and complied with by service providers are made generally available in a clear , comprehensive and easily accessible way at a distance and by electronic means , in formats and by web standards that ensure access to persons with disabilities and to ensure that the liaison offices or the other competent national bodies referred to in article 4 of directive 96 / 71 / ec are in a position to carry out their tasks effectively . ### member states shall take the appropriate measures to ensure that the information on the terms and conditions of employment referred to in article 3 of directive 96 / 71 / ec which are to be applied and complied with by service providers are made generally available free of charge and in a clear , comprehensive and easily accessible way at a distance and by electronic means , in formats and by web standards that ensure access to persons with disabilities and to ensure that the liaison offices or the other competent national bodies referred to in article 4 of directive 96 / 71 / ec are in a position to carry out their tasks effectively .


### the cooperation of the member states shall in particular consist in replying to reasoned requests for information and to carry out checks , inspections and investigations from competent authorities with respect to the situations of posting referred to in article 1 of directive 96 / 71 / ec , including investigation of any abuses of applicable rules on the posting of workers or possible cases of unlawful transnational activities . ### the cooperation of the member states shall in particular consist in replying to requests for information and to carry out checks , inspections and investigations from competent authorities with respect to the situations of posting referred to in article 1 of directive 96 / 71 / ec , including investigation of any abuses of applicable rules on the posting of workers or possible cases of unlawful transnational activities .


### member states shall ensure that appropriate checks and monitoring mechanisms are put in place and that effective and adequate inspections are carried out on their territory in order to control and monitor compliance with the provisions and rules laid down in directive 96 / 71 / ec and to guarantee its proper application and enforcement . such inspections shall be based primarily on a risk assessment to be drawn up regularly by the competent authorities . the risk assessment shall identify the sectors of activity in which the employment of workers posted for the provision of services is concentrated on their territory . when making such risk assessment the realisation of big infrastructural projects , the special problems and needs of specific sectors , the past record of infringement , as well as the vulnerability of certain groups of workers shall be taken into account . ### member states shall ensure that effective checks and monitoring mechanisms are put in place and that effective and adequate inspections are carried out on their territory in order to control and monitor compliance with the provisions and rules laid down in directive 96 / 71 / ec and in this directive and to guarantee its proper application and enforcement . such inspections shall be based primarily on a risk assessment to be drawn up regularly by the competent authorities . the risk assessment shall identify the sectors of activity in which the employment of workers posted for the provision of services is concentrated on their territory . when making such risk assessment the realisation of big infrastructural projects , the special problems and needs of specific sectors , the past record of infringement , as well as the vulnerability of certain groups of workers shall be taken into account .


### paragraphs 1 and 3 shall apply without prejudice to national rules on prescription deadlines or time limits for bringing similar actions and to national rules of procedure concerning representation and defence before the courts . ### paragraphs 1 and 3 shall apply without prejudice to national rules on prescription deadlines or time limits for bringing similar actions and to national rules of procedure concerning representation and defence before the courts . however , a minimum period of at least six months for filing a claim shall be provided for under national rules of procedure .


### before the start of any questioning by the police or other law enforcement authorities ; ### before the start of the police interview or an interview by any other law enforcement authorities ;


### the lawyer shall have the right to be present at any questioning and hearing . he shall have the right to ask questions , request clarification and make statements , which shall be recorded in accordance with national law . ### the lawyer shall have the right to be present at any police interview and hearing . he shall have the right to ask questions , request clarification and make statements , which shall be recorded in accordance with national law .


### the achievement of this objective shall be measured by indicators , inter alia , the level of improvement in asylum reception conditions , in the quality of asylum procedures , in the convergence of recognition rates across member states , and in member states ' resettlement efforts ; ### the achievement of this objective shall be measured by indicators including , inter alia , the quality of asylum procedures , the convergence of recognition rates across member states , and member states’ resettlement efforts ;


### the achievement of this objective shall be measured by indicators , inter alia , the level of improvement in asylum reception conditions , in the quality of asylum procedures , in the convergence of recognition rates across member states and in member states’ resettlement efforts . ### the achievement of this objective shall be measured by both qualitative and quantitative indicators , inter alia , the level of improvement in asylum reception conditions , in the quality of decision - making and of asylum procedures , in the provision of reliable , objective and up - to - date information on countries of origin and in member states’ resettlement efforts .


### information for local communities as well as training for the staff of local authorities , who will be interacting with those being received ; ### information for local communities as well as training for the staff of local authorities , who will be interacting with those being received , especially on compliance with fundamental rights of asylum seekers ;


### information for local communities as well as training for the staff of local authorities , who will be interacting with those being received ; ### information for local and regional communities as well as training for the staff of local and regional authorities and civil society , who will be interacting with those being received ;


### setting - up of administrative structures , systems and training of staff and relevant judicial authorities to ensure smooth access to asylum procedures for asylum seekers and efficient and quality asylum procedures . ### setting - up of administrative structures , systems and training of staff and relevant judicial authorities to ensure smooth access to asylum procedures for asylum seekers and efficient and quality asylum procedures complying with the fundamental rights of asylum seekers ; to this end , the european asylum curriculum must be maintained up - to - date and expanded to include other expert bodies , such as relevant civil society organisations , in its work .


### setting up of administrative structures , systems and training of staff and relevant judicial authorities to ensure smooth and easy access to asylum procedures for asylum seekers and efficient and quality asylum procedures . ### setting up of administrative structures , systems and training of staff and relevant administrative and judicial authorities to ensure smooth and easy access to asylum procedures for asylum seekers and efficient and quality asylum procedures .


### establishment of appropriate infrastructure and services to ensure the smooth and effective implementation of resettlement and relocation actions ; ### establishment of appropriate infrastructure and services to ensure the smooth and effective implementation of resettlement and relocation actions , complying with the fundamental rights of the persons concerned ;


### establishment of appropriate infrastructure and services to ensure the smooth and effective implementation of resettlement and relocation actions ; ### establishment of appropriate infrastructure and services to ensure the smooth and effective implementation of resettlement actions ;


### setting up and developing such integration strategies , including needs analysis , the improvement of indicators and evaluation ; ### setting up and developing such integration strategies , including needs analysis , the improvement of integration indicators , and evaluation of the conditions particular to asylum - seekers , including participatory assessments , in order to identify best practices ;


### setting up and developing such integration strategies , including needs analysis , the improvement of indicators and evaluation ; ### setting up and developing such integration strategies with the participation of local and / or regional actors , including needs analysis , the improvement of indicators and evaluation ;


### furthering intercultural capacities of implementing organisations providing public and private services , including educational institutions , promoting the exchange of experience and good practices , cooperation and networking ; ### furthering capacities of implementing organisations providing public and private services , including educational institutions , in the field of interculturality and of human rights ; promoting the exchange of experience and good practices , cooperation and networking ;


### setting up of administrative structures , systems and training of staff to ensure smooth return procedures ; ### setting up of administrative structures , systems and training of staff to ensure that return procedures are smooth and fully protect the fundamental rights of migrants ;


### studies on possible new forms of union cooperation in the field of asylum , immigration , integration and return and relevant eu law , the dissemination and exchange of information on best practices and on all other aspects of asylum , immigration , integration and return policies , including corporate communication on the political priorities of the union ; ### studies on possible new forms of union cooperation in the field of asylum , immigration , integration and return and relevant eu law , the dissemination and exchange of information on best practices and on all other aspects of asylum , immigration , integration and return policies , including corporate communication on the political priorities of the union and the respect of fundamental rights of persons falling within the categories set out in article 4 ;


### many of the union ' s competitiveness problems involve smes ' difficulties in getting access to finance because they struggle to demonstrate their credit - worthiness and have difficulties in gaining access to risk capital . this has a negative effect on the level and quality of the new enterprises created and on the growth of enterprises . the added value for the union of the proposed financial instruments lies inter alia in strengthening the single market for venture capital and in developing a pan - european sme finance market . the union’s actions should be complementary to the member states’ use of financial instruments for smes . the entities entrusted with the implementation of the actions should ensure additionality and avoid double financing through eu resources . ### many of the union ' s competitiveness problems involve smes ' difficulties in getting access to finance because they struggle to demonstrate their credit - worthiness and have difficulties in gaining access to risk capital . this has a negative effect on the level and quality of the new enterprises created , on the growth of enterprises and on the success of transfers of ownership or generational handovers . the added value for the union of the proposed financial instruments lies inter alia in strengthening the single market for venture capital and in developing a pan - european sme finance market . the union’s actions should be complementary to the member states’ use of financial instruments for smes . the entities entrusted with the implementation of the actions should ensure additionality and avoid double financing through eu resources .


### encouraging an entrepreneurial culture and promoting the creation and growth of smes . ### encouraging an entrepreneurial culture and promoting the creation , growth and smooth transfer of ownership of smes .


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


### the partnership and cooperation agreements , the association agreements and other existing or future agreements that establish a relationship with partner countries , corresponding communications , council conclusions and european parliament resolutions as well as relevant conclusions of ministerial meetings with the partner countries shall constitute the overall policy framework for programming and implementing union support under this regulation . ### the partnership and cooperation agreements , the association agreements and other existing or future agreements that establish a relationship with partner countries , corresponding communications , council conclusions and european parliament resolutions as well as relevant conclusions of ministerial meetings with the partner countries shall constitute the overall policy framework for programming and implementing union support under this regulation , actively linked with existing internal instruments and policies of the union regarding infrastructure , energy , transport , ict , employment and social policy , migration , education , culture , research and innovation .


### directive 2001 / 95 / ec of the european parliament and of the council of 3 december 2001 on general product safety lays down the requirement that consumer products must be safe and that member states ' market surveillance authorities must take action against dangerous products as well as exchange information to that effect through the community rapid information exchange system rapex . directive 2001 / 95 / ec needs to be fundamentally revised to improve its functioning and to ensure consistency with developments in union legislation as regards market surveillance , obligations of economic operators and standardisation . in the interest of clarity , directive 2001 / 95 / ec should be repealed and replaced by this regulation . ### directive 2001 / 95 / ec of the european parliament and of the council of 3 december 2001 on general product safety lays down the fundamental requirement for products on the internal market that consumer products must be safe and that member states ' market surveillance authorities must take efficient action against dangerous products as well as exchange information to that effect through the community rapid information exchange system rapex . directive 2001 / 95 / ec needs to be fundamentally revised to improve its functioning and to ensure consistency with developments in union legislation as regards market surveillance , obligations of economic operators and standardisation . in the interest of clarity , directive 2001 / 95 / ec should be repealed and replaced by this regulation .


### a regulation is the appropriate legal instrument as it imposes clear and detailed rules which do not give room for divergent transposition by member states . a regulation ensures that legal requirements are applicable at the same time throughout the union . ### a regulation is the appropriate legal instrument as it imposes clear and detailed rules which do not give room for divergent transposition and application by member states . a regulation ensures that legal requirements are applicable at the same time throughout the union .


### this regulation must contribute to the attainment of the objectives referred to in article 169 of the tfeu . in particular it should aim at ensuring the functioning of the internal market as regards products intended for consumers by laying down uniform rules regarding a general safety requirement , assessment criteria and obligations of economic operators . given that rules on market surveillance , including rules on rapex , are laid down in regulation no [ … / … ] [ on market surveillance of products ] 14 which applies also to products covered by this regulation , no further provisions on market surveillance or rapex are needed in this regulation . ### in order to ensure a high level of consumer protection , the union should contribute to protecting the health and safety of consumers . in this regard , this regulation is essential to delivering the fundamental aim of an internal market for safe products , whilst contributing to the attainment of the objectives referred to in article 169 of the treaty on the functioning of the european union .


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


### in order to ensure consistency between this regulation and sector - specific union harmonisation legislation with regard to specific obligations of economic operators , the provisions concerning manufacturers , authorised representatives , importers and distributors should be based on the reference provisions included in decision no 768 / 2008 / ec of the european parliament and of the council of 9 july 2008 on a common framework for the marketing of products . ### in order to ensure consistency between this regulation and sector - specific union harmonisation legislation with regard to specific obligations of economic operators , the provisions concerning manufacturers , authorised representatives , importers and distributors should be based on the reference provisions included in decision no 768 / 2008 / ec of the european parliament and of the council of 9 july 2008 on a common framework for the marketing of products . nevertheless , harmonised legislation should not impose unnecessary administrative burdens on enterprises .


### this regulation should apply to second hand products that re - enter the supply chain in the course of a commercial activity , except for those second - hand products for which the consumer cannot reasonably expect that they fulfil state - of - the art safety standards , such as antiques . ### this regulation should apply to second hand products that re - enter the supply chain in the course of a commercial activity . it should not apply to second - hand products for which the consumer cannot reasonably expect that they fulfil state - of - the art safety standards or resulting from transactions between private individuals .


### this regulation should also apply to consumer products which , although not foodstuff , resemble foodstuff and are likely to be confused with foodstuff in a way that consumers , especially children , may place them in their mouths , suck or ingest them , which might cause , for example , suffocation , poisoning , the perforation or obstruction of the digestive tract . those food - imitating products have so far been regulated by council directive 87 / 357 / eec of 25 june 1987 on the approximation of the laws of the member states concerning products which , appearing to be other than they are , endanger the health or safety of consumers which should be repealed . ### this regulation should also apply to , and thus prohibit the marketing , import and manufacture or export of , consumer products which , although not foodstuff , resemble foodstuff and are likely to be confused with foodstuff in a way that consumers , especially children , may place them in their mouths , suck or ingest them , which might cause , for example , suffocation , poisoning , the perforation or obstruction of the digestive tract . those food - imitating products have so far been regulated by council directive 87 / 357 / eec of 25 june 1987 on the approximation of the laws of the member states concerning products which , appearing to be other than they are , endanger the health or safety of consumers which should be repealed .


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


### economic operators should be responsible for the compliance of products , in relation to their respective roles in the supply chain , so as to ensure a high level of protection of the health and safety of consumers . ### economic operators should be responsible for the compliance of products , in relation to their respective roles in the supply chain , so as to ensure a high level of protection of the health and safety of consumers . in this regard , there should be a strict alignment of the provisions regarding obligations of economic operators in decision no 768 / 2008 / ec of the european parliament and of the council , of 9 july 2008 , on a common framework for the marketing of products1 , since this will provide a level playing field between the obligations on economic operators covered by harmonised legislation and those covered by non - harmonised legislation in this regulation . _____________ 1 oj l 218 , 13 . 8 . 2008 , p . 82 .


### this regulation shall not apply to products to be repaired or reconditioned prior to being used where those products are made available on the market as such . ### this regulation shall not apply to products to be repaired or reconditioned prior to being used where those products are made available on the market as such . this regulation shall not apply to transactions between private individuals .


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


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


### ‘ serious risk’ means a risk requiring rapid intervention and follow - up , including cases where the effects may not be immediate . ### ‘ serious risk’ means a risk or an exposure to risk , emergency or danger , including cases where the effects may not be immediate , requiring rapid intervention and follow - up by the public authorities ;


### the characteristics of the product , including its composition , packaging , instructions for assembly and , where applicable , for installation and maintenance ; ### the characteristics of the product , including its composition , packaging , instructions for assembly and , where applicable , for installation , maintenance and disposal ;


### the characteristics of the product , including its composition , packaging , instructions for assembly and , where applicable , for installation and maintenance ; ### the characteristics of the product , including its composition , packaging , instructions for assembly and disassembly , where applicable , for installation and maintenance ;


### the appearance of the product and in particular where a product , although not foodstuff , resembles foodstuff and is likely to be confused with foodstuff due to its form , odour , colour , appearance , packaging , labelling , volume , size or other characteristics . ### the appearance and characteristics of the product , its packaging and its presentation to consumers or other purchasers . this includes potentially misleading appearances , in particular where a product , although not designed for use by them , resembles in any way to another object commonly recognised as appealing to , or intended for use by , children , because of its design and characteristics .


### manufacturers shall ensure that their product is accompanied by instructions and safety information in a language which can be easily understood by consumers , as determined by the member state in which the product is made available , except where the product can be used safely and as intended by the manufacturer without such instructions and safety information . ### manufacturers shall ensure that their product is accompanied by instructions and safety information in a language which can be easily understood by consumers , as determined by the member state in which the product is made available , except where the product can be used safely and as intended by the manufacturer without such instructions and safety information . the safety information shall enable consumers to assess the risks inherent in a product throughout the normal or reasonably foreseeable period of its use , where such risks are not immediately obvious without adequate warning ;


### manufacturers who consider or have reason to believe that a product which they have placed on the market is not safe or is otherwise not in conformity with this regulation shall immediately take the corrective action necessary to bring that product into conformity , to withdraw it or recall it , if appropriate . furthermore , where the product is not safe , manufacturers shall immediately inform the market surveillance authorities of the member states in which they made the product available to that effect , giving details , in particular , of the risk to health and safety and of any corrective action taken . ### manufacturers who consider or have reason to believe that a product which they have placed on the market is not safe or is otherwise not in conformity with this regulation shall immediately take the corrective action necessary to bring that product into conformity , to withdraw it or recall it , if appropriate . furthermore , where the product is not safe , manufacturers shall immediately inform the market surveillance authorities of the member states in which they made the product available to that effect , giving details , in particular , of the risk to health and safety and of any corrective action taken . in urgent cases or where the manufacturer fails to comply with this obligation , member states shall require the manufacturer to take corrective measures pursuant to article 9 of regulation no [ . . . / … of the european parliament and of the council of … concerning market surveillance of products ] * . __________________ * note to oj : please insert the number , date and reference of the regulation on msp .


### importers who consider or have reason to believe that a product which they have placed on the market is not safe or is otherwise not in conformity with this regulation shall immediately take the corrective action necessary to bring that product into conformity , to withdraw it or recall it , if appropriate . furthermore , where the product is not safe , importers shall immediately inform the market surveillance authorities of the member states in which they made the product available to that effect , giving details , in particular , of the risk to health and safety and of any corrective action taken . ### importers who consider or have reason to believe that a product which they have placed on the market is not safe or is otherwise not in conformity with this regulation shall immediately take the corrective action necessary to bring that product into conformity , to withdraw it or recall it , if appropriate . furthermore , where the product is not safe , importers shall immediately inform the market surveillance authorities of the member states in which they made the product available to that effect , giving details , in particular , of the risk to health and safety and of any corrective action taken . in urgent cases or where the manufacturer fails to comply with this obligation , member states shall require the importer to take corrective measures pursuant to article 9 of regulation no [ . . . / … of the european parliament and of the council of … concerning market surveillance of products ] * . __________________ * note to oj : please insert the number , date and reference of the regulation on msp .


### distributors who consider or have reason to believe that a product which they have made available on the market is not safe or is not in conformity with article 8 , and and article 10 and , as applicable , shall make sure that the corrective action necessary to bring that product into conformity is taken , to withdraw it or recall it , if appropriate . furthermore , where the product is not safe , distributors shall immediately inform the manufacturer or importer , as applicable as well as market surveillance authorities of the member states in which they made the product available to that effect , giving details , in particular , of the risk to health and safety and of any corrective action taken . ### distributors who consider or have reason to believe that a product which they have made available on the market is not safe or is not in conformity with article 8 , and and article 10 and , as applicable , shall make sure that the corrective action necessary to bring that product into conformity is taken , to withdraw it or recall it , if appropriate . furthermore , where the product is not safe , distributors shall immediately inform the manufacturer or importer , as applicable as well as market surveillance authorities of the member states in which they made the product available to that effect , giving details , in particular , of the risk to health and safety and of any corrective action taken . in urgent cases or where the distributor fails to comply with this obligation , member states shall require the distributor to take corrective measures pursuant to article 9 of regulation no [ . . . / … of the european parliament and of the council of … concerning market surveillance of products ] * . __________________ * note to oj : please insert the number , date and reference of the regulation on msp .


### distributors who consider or have reason to believe that a product which they have made available on the market is not safe or is not in conformity with article 8 , and and article 10 and , as applicable , shall make sure that the corrective action necessary to bring that product into conformity is taken , to withdraw it or recall it , if appropriate . furthermore , where the product is not safe , distributors shall immediately inform the manufacturer or importer , as applicable as well as market surveillance authorities of the member states in which they made the product available to that effect , giving details , in particular , of the risk to health and safety and of any corrective action taken . ### distributors who consider or have reason to believe that a product which they have made available on the market is not safe or is not in conformity with article 8 , and and article 10 and , as applicable , shall make sure that the corrective action necessary to bring that product into conformity is taken , to withdraw it or recall it , if appropriate . distributors shall ensure that they have procedures for taking corrective action , withdrawing or recalling products that they have made available on the market . furthermore , where the product is not safe , distributors shall immediately inform the manufacturer or importer , as applicable as well as market surveillance authorities of the member states in which they made the product available to that effect , giving details , in particular , of the risk to health and safety and of any corrective action taken .


### economic operators shall , on request , identify the following to the market surveillance authorities : ### economic operators shall , on request , provide the market surveillance authorities with the following information :


### for certain products , categories or groups of products which , due to their specific characteristics or specific conditions of distribution or usage , susceptible to bear a serious risk to health and safety of persons , the commission may require economic operators who place and make available those products on the market to establish or adhere to a system of traceability . ### for products notified in the rapex system for bearing a serious risk to health and safety of persons or notified in the pan - european injury database as established in regulation no [ . . . / . . . of the european parliament and of the council , of . . . , on market surveillance of products ] * , or for products which , due to their specific characteristics or specific conditions of distribution or usage , can be deemed as susceptible to bear a serious risk to health and safety of persons , the commission may require economic operators who place and make available those products on the market to establish or adhere to a system of traceability . ______________ * oj : please insert the number , date and reference of regulation on msp .


### for certain products , categories or groups of products which , due to their specific characteristics or specific conditions of distribution or usage , susceptible to bear a serious risk to health and safety of persons , the commission may require economic operators who place and make available those products on the market to establish or adhere to a system of traceability . ### for certain products , categories or groups of products which , due to their specific characteristics or specific conditions of distribution or usage , susceptible to bear a serious risk to health and safety of persons , the commission may require economic operators who place and make available those products on the market to establish or adhere to a system of traceability for the manufacturer .


### determining the products , categories or groups of products susceptible to bear a serious risk to health and safety of persons as referred to in paragraph 1 ; ### determining the products notified via the rapex system or in the pan - european injury database and the products , categories or groups of products that can be deemed susceptible to bear a serious risk to health and safety of persons as referred to in paragraph 1 .


### the commission may request one or several european standardisation organisations to draft or identify a european standard , which aims at ensuring that products that conform to such standard or parts thereof comply with the general safety requirement laid down in article 4 . the commission shall determine the requirements as to the content to be met by the requested european standard and a deadline for its adoption . ### the commission may request one or several european standardisation organisations to draft or identify a european standard , which aims at ensuring that products that conform to such standard or parts thereof comply with the general safety requirement laid down in article 4 . the commission shall determine the requirements as to the content to be met by the requested european standard and a deadline for its adoption in accordance with a recommendation by the committee referred to in article 19 , first subparagraph .


### fishery producer organisations may be established as a group set up on the own initiative of producers of fishery products in one or more member states and recognised in accordance with section ii . ### fishery producer organisations may be transnational and established on the own initiative of producers of fishery products in one or more member states and recognised in accordance with section ii .


### promoting viable fishing activities of their members in full compliance with the conservation policy laid down in the regulation on the common fisheries policy and environmental legislation ; ### promoting sustainable fishing activities of their members in full compliance with the conservation policy laid down in the regulation on the common fisheries policy and environmental legislation ;


### fishery and aquaculture products referred to in points , , and of annex i which are marketed within the union , irrespective of their origin , may only be offered for retail to the final consumer where appropriate marking or labelling indicates : ### fishery and aquaculture products referred to in points , , and of annex i which are marketed within the union , irrespective of their geographical origin , may only be offered for retail to the final consumer where appropriate marking or labelling indicates :


### draft legislative resolution ### stresses that point 47 of the interinstitutional agreement of 17 may 2006 between the european parliament , the council and the commission on budgetary discipline and sound financial management1 should apply for the extension of the mandate for the european banking authority ; emphasises that any decision of the legislative authority in favour of such an extension shall be without prejudice to the decisions of the budgetary authority in the context of the annual budgetary procedure ; ____________________ 1 oj c 139 , 14 . 6 . 2006 , p . 1 .


### draft legislative resolution ### requests the commission to present a financial statement which fully takes into account the result of the legislative agreement between the european parliament and the council to meet the budgetary and staff requirements of the european banking authority and the commission services ;


### since 2005 , directive 2000 / 25 / ec foresees in article 4 the evaluation of the possible need for additional flexibilities in relation to stage iii b and iv limit values . in order to provide a temporary relief to industry when moving to the next stage , it is necessary to adapt the conditions for applying the flexibility scheme . ### since 2005 , directive 2000 / 25 / ec foresees in article 4 the evaluation of the possible need for additional flexibilities in relation to stage iii b and iv limit values . in order to provide a temporary relief to small and medium - sized undertakings in the industrial and agricultural sectors which are affected by these changes when moving to the next stage , it is necessary to adapt the conditions for applying the flexibility scheme .


### directive 93 / 7 / eec introduced arrangements enabling member states to secure the return to their territory of cultural objects which are classified as national treasures within the meaning of article 36 of the treaty , fall under the common categories of cultural object referred to in the treaty’s annex and have been removed from their territory in breach of the above - mentioned national measures or of council regulation no 116 / 2009 of 18 december 2008 on the export of cultural goods23 ; and cultural objects classified as national treasures and forming an integral part of public collections or inventories of ecclesiastical institutions but which do not fall within these common categories . __________________ 23 oj l 395 , 31 . 12 . 92 , p . 1 . oj l 39 , 10 . 02 . 09 , p . 1 . ### directive 93 / 7 / eec introduced arrangements enabling member states to secure the return to their territory of cultural objects which are classified as national treasures within the meaning of article 36 of the treaty , fall under the common categories of cultural object referred to in the treaty’s annex and have been removed from their territory in breach of the above - mentioned national measures or of council regulation no 116 / 2009 of 18 december 2008 on the export of cultural goods23 ; and cultural objects classified as national treasures and forming an integral part of public collections or inventories of ecclesiastical institutions but which do not fall within these common categories ; and cultural goods originating from illegal excavations . __________________ 23 oj l 395 , 31 . 12 . 92 , p . 1 . oj l 39 , 10 . 02 . 09 , p . 1 .


### enable the competent authorities of the requesting member state to check that the object in question is a cultural object , provided that the check is made within five months of the notification provided for in paragraph 2 . if it is not made within the stipulated period , paragraphs 4 and 5 shall cease to apply ; ### enable the competent authorities of the requesting member state to check that the object in question is a cultural object , provided that the check is made within five months of the notification provided for in paragraph 2 . if it is not made within the stipulated period , paragraphs 4 and 5 shall cease to apply ; the member state in which the cultural object is situated during this time shall be liable for any damage suffered by it and shall be obliged to take any measures necessary to protect and conserve the object in question from the time of its detection to the time of its designation as a ' cultural treasure ' and beyond .


### by contributing to the further development of detection and early warning systems , the union should assist member states in minimising the lead time to respond to disasters and to alert union citizens . these systems should take into account and build upon existing and future information sources and systems . ### by contributing to the further development and better integration of detection and early warning systems , the union should assist member states in minimising the lead time to respond to disasters and to alert union citizens . these systems should take into account and build upon existing and future information sources and systems .


### the mechanism should include a general policy framework aimed at continuously improving the level of preparedness of civil protection systems , personnel and citizens within the union . this includes training programmes and a training network , at union and member state level , on disaster prevention , preparedness , and response as called for in the council conclusions of 14 november 2008 on european disaster management training arrangements . ### the mechanism should include a general policy framework aimed at continuously improving the level of preparedness of civil protection systems and citizens within the union . this includes training programmes and a training network , at both the union and member state level , on disaster prevention , preparedness , and response as called for in the council conclusions of 14 november 2008 on european disaster management training arrangements .


### as regards disasters caused by terrorist action , nuclear or radiological accidents , the mechanism should cover only the preparedness and response actions within the remit of civil protection . ### regarding disasters caused by terrorist action , nuclear or radiological accidents , the mechanism should cover only the preparedness and response actions within the remit of civil protection , namely in cases of emergency health protection . initiatives in this regard shall be coordinated with and complement the actions already taken for the implementation of the council conclusions on strengthening chemical , biological , radiological and nuclear security in the european union - an eu cbrn action plan1 . they shall equally take into account the recommendations of the european parliament resolution of 2 december 2010 on the eu cbrn action plan . ________________ 1 council conclusions of 12 november 2009 , 15505 / 1 / 09 rev .


### progress in implementing the disaster prevention framework measured by the number of member states with disaster management plans as set out in article 4 ; ### progress in implementing the disaster prevention framework measured by the number of member states with disaster management plans ;


### manage a common emergency communication and information system to enable communication and sharing of information between the erc and contact points of the member states ; ### manage a common emergency communication and information system to enable communication and sharing of information between the erc and contact points of the member states and promote its linkage to existing commission and council crisis coordination platforms ;


### contribute to the development of detection and early warning and alert systems for disasters in order to enable a rapid response , and to promote their inter - linkage and their linkage to the erc and the cecis . those systems shall take into account and build upon existing and future information , monitoring and detection sources and systems ; ### contribute to the development and better integration of detection and early warning and alert systems for disasters in order to enable a rapid response , and to promote their linkage to the erc and the cecis . those systems shall take into account and build upon existing and future information , monitoring and detection sources and systems ;


### without prejudice to the commission ' s role , as defined in paragraph 2 , and respecting the imperative for an immediate operational response through the mechanism , upon activation the commission shall inform the european external action service to allow for consistency between the civil protection operation and the overall union relations with the affected country . ### without prejudice to the commission ' s role , as defined in paragraph 2 , and respecting the imperative for an immediate operational response through the mechanism , the commission shall consult the european external action service to allow for consistency between the civil protection operation and the overall union relations with the affected country .


### synergies shall be sought with other instruments of the union , in particular , with actions financed under regulation no 1257 / 96 . ### synergies shall be sought with other instruments of the union , in particular , with actions financed under regulation no 1257 / 96 and with actions developed under the common security and defence policy .


### establishment of the european union agency for law enforcement cooperation and training ### establishment of the european union agency for law enforcement cooperation


### a european union agency for law enforcement cooperation and training is hereby established to improve mutual cooperation among law enforcement authorities in the european union , to strengthen and support their actions as well as to deliver a coherent european training policy . ### a european union agency for law enforcement cooperation is hereby established to improve mutual cooperation among law enforcement authorities in the european union and strengthen and support their actions .


### europol , as established by this regulation , shall replace and succeed europol as established by decision 2009 / 371 / jha , and cepol as established by decision 2005 / 681 / jha . ### europol , as established by this regulation , shall replace and succeed europol as established by decision 2009 / 371 / jha .


### the executive director shall report to the european parliament on the performance of his / her tasks when invited . the council may invite the executive director to report on the performance of his / her duties . ### the executive director shall report to the european parliament and the national parliaments on the performance of his / her tasks and supply all relevant information thereon during the drawing up of annual work programmes and during the ex post evaluation process , when invited . the council may invite the executive director to report on the performance of his / her duties .


### four deputy executive directors , including one responsible for training , shall assist the executive director . the deputy executive director for training shall be responsible for managing the europol academy and its activities . the executive director shall define the tasks of the others . ### three deputy executive directors shall assist the executive director . the executive director shall define the tasks of the others .


### europol , as established by this regulation , shall be the general legal successor in respect of all contracts concluded by , liabilities incumbent on , and properties acquired by europol , as established by decision 2009 / 371 / jha , and cepol , as established under decision 2005 / 681 / jha . ### europol , as established by this regulation , shall be the general legal successor in respect of all contracts concluded by , liabilities incumbent on , and properties acquired by europol , as established by decision 2009 / 371 / jha .


### having regard to the treaty on the functioning of the european union , and in particular article 53 and article 62 and article 114 thereof , ### having regard to the treaty on the functioning of the european union , and in particular article , 14 , article 53 and article 62 and article 114 as well as protocol 26 thereof ,


### 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 article 9 , 10 and 11 of the treaty on the functioning of the european union , environmental protection requirements and social considerations 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 and how they can use their discretionary power to select technical specifications and award criteria with the aim of achieving sustainable public procurement , whilst ensuring the link to the subject matter of the contract and obtaining the best value for money for their contracts .


### in addition , new electronic purchasing techniques are constantly being developed , such as electronic catalogues . they help to increase competition and streamline public purchasing , particularly in terms of savings in time and money . certain rules should however be laid down to ensure that such use complies with the rules of this directive and the principles of equal treatment , non - discrimination and transparency . in particular where competition has been reopened under a framework agreement or where a dynamic purchasing system is being used and where sufficient guarantees are offered in respect of ensuring traceability , equal treatment and predictability , contracting entities should be allowed to generate tenders in relation to specific purchases on the basis of previously transmitted electronic catalogues . in line with the requirements of the rules for electronic means of communication , contracting entities should avoid unjustified obstacles to economic operators’ access to procurement procedures in which tenders are to be presented in the form of electronic catalogues and which guarantee compliance with the general principles of non - discrimination and equal treatment . ### in addition , new electronic purchasing techniques are constantly being developed , such as electronic catalogues . they help to increase competition and streamline public purchasing , particularly in terms of savings in time and money . certain rules should however be laid down to ensure that such use complies with the rules of this directive and the principles of equal treatment , non - discrimination and transparency . in particular where competition has been reopened under a framework agreement or where a dynamic purchasing system is being used and where sufficient social guarantees are offered in respect of ensuring accessibility , traceability , equal treatment and predictability , contracting entities should be allowed to generate tenders in relation to specific purchases on the basis of previously transmitted electronic catalogues . in line with the requirements of the rules for electronic means of communication , contracting entities should avoid unjustified obstacles to economic operators’ access to procurement procedures in which tenders are to be presented in the form of electronic catalogues and which guarantee compliance with the general principles of non - discrimination and equal treatment .


### public contracts should not be awarded to economic operators that have participated in a criminal organisation or have been found guilty of corruption , fraud to the detriment of the union ' s financial interests or money laundering . non - payment of taxes or social security contributions should also be sanctioned by mandatory exclusion at the level of the union . given that contracting entities , which are not contracting authorities , might not have access to indisputable proof on the matter , it is appropriate to leave the choice of whether or not to apply the exclusion criteria listed in directive [ 2004 / 18 ] to such contracting entities . the obligation to apply article 55 and of directive [ 2004 / 18 ] should therefore be limited to contracting entities that are contracting authorities . furthermore , contracting entities should be given the possibility to exclude candidates or tenderers for violations of environmental or social obligations , including rules on accessibility for disabled persons or other forms of grave professional misconduct , such as violations of competition rules or of intellectual property rights . ### public contracts should not be awarded to economic operators that have participated in a criminal organisation or have been found guilty of corruption , fraud to the detriment of the union ' s financial interests or money laundering . non - payment of taxes or social security contributions should also be sanctioned by mandatory exclusion at the level of the union . given that contracting entities , which are not contracting authorities , might not have access to indisputable proof on the matter , it is appropriate to leave the choice of whether or not to apply the exclusion criteria listed in directive [ 2004 / 18 ] to such contracting entities . the obligation to apply article 55 and of directive [ 2004 / 18 ] should therefore be limited to contracting entities that are contracting authorities . furthermore , contracting entities should be given the possibility to exclude candidates or tenderers for violations of environmental , labour or social obligations , including rules on working conditions , collective agreements and accessibility for disabled persons or other forms of grave professional misconduct , such as violations of competition rules or of intellectual property rights .


### at least 90 % of the activities of that legal person are carried out for the controlling contracting authority or for other legal persons controlled by that contracting authority ; ### at least 80% of the activities of that legal person , subject to the contract , are carried out for the controlling contracting authority or for other legal persons controlled by that contracting authority ;


### at least 90 % of the activities of that legal person are carried out for the controlling contracting authorities or other legal persons controlled by the same contracting authorities ; ### at least 80 % of the activities of that legal person , subject to the contract , are carried out for the controlling contracting authorities or other legal persons controlled by the same contracting authorities ;


### there is no private participation in the controlled legal person . ### there is no private participation in the controlled legal person , with the exception of legally enforced forms or private participation .


### paragraph 1 also applies where a controlled entity which is a contracting authority awards a contract to its controlling entity , or to another legal person controlled by the same contracting authority , provided that there is no private participation in the legal person being awarded the public contract . ### paragraph 1 also applies where a controlled entity which is a contracting authority awards a contract to its controlling entity or entities , or to another legal person controlled by the same contracting authority , provided that there is no private participation in the legal person being awarded the public contract with the exception of legally enforced forms or private participation .


### a contracting authority , which does not exercise over a legal person control within the meaning of paragraph 1 , may nevertheless award a contract without applying this directive to a legal person which it controls jointly with other contracting authorities , where the following conditions are fulfilled : ### a contracting authority , which does not exercise over a legal person control within the meaning of paragraph 1 , may nevertheless award a contract outside the scope of this directive to a legal person which it controls jointly with other contracting authorities , where the following conditions are fulfilled :


### the participating contracting authorities do not perform on the open market more than 10 % in terms of turnover of the activities which are relevant in the context of the agreement ; ### the participating public authorities do not perform on the open market more than 20 % in terms of turnover of the activities which are subject of the contract ;


### there is no private participation in any of the contracting authorities involved . ### the task is carried out solely by the public authorities concerned , with no participation of a private party with the exception of contracting authorities participating in the cooperation as a public law body in the sense of article 2


### the exclusions provided for in paragraphs 1 to 4 shall cease to apply from the moment any private participation takes place , with the effect that ongoing contracts need to be opened to competition through regular procurement procedures . ### the exclusions provided for in paragraphs 1 to 4 shall cease to apply from the moment any private participation takes place , with the effect that ongoing contracts need to be opened to competition through regular procurement procedures , unless the private participation is legally enforced and / or the private participation was not foreseeable at the time of the initial contracting .


### the labels are established in an open and transparent procedure in which all stakeholders , including government bodies , consumers , manufacturers , distributors and environmental organisations may participate , ### the labels are established in an open and transparent procedure in which all relevant stakeholders , including consumers , manufacturers , trade unions , distributors and environmental and social organisations have a substantial role . government bodies may participate but are not obligatory ;


### the criteria of the label are set by a third party which is independent from the economic operator applying for the label . ### the requirements to be met in order to obtain the label are set by a third party which is independent from the economic operator applying for the label .


### 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 may 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 established by union or national legislation in the field of social and labour law or environmental law or collective agreements which apply in the place where the work , service or supply is performed or by the international social and environmental law provisions listed in annex xiv and provided they are linked to the subject matter of the contract .


### external environmental costs directly linked to the life cycle , provided their monetary value can be determined and verified , which may include the cost of emissions of greenhouse gases and of other pollutant emissions and other climate change mitigation costs . ### external costs such as social and / or environmental costs , directly linked to the life cycle , provided their monetary value can be determined and verified , which may include the cost of emissions of greenhouse gases and of other pollutant emissions and other climate change mitigation costs .


### where contracting entities assess the costs using a life - cycle costing approach , they shall indicate in the procurement documents the methodology used for the calculation of the life - cycle costs . the methodology used must fulfil all of the following conditions : ### where contracting entities assess the costs using a life - cycle costing approach , they shall indicate in the procurement documents the data to be provided by the tenderers and the method which the contracting authority will use to determine the life - cycle costs . the method used for the assessment of those life - cycle costs must fulfil all of the following conditions :


### draft legislative resolution ### recalls its resolution of 8 june 2011 on ' investing in the future : a new multiannual financial framework for a competitive , sustainable and inclusive europe ' ; reiterates that , sufficient additional resources are needed in the next multiannual financial framework to enable the union to fulfil the existing policy priorities and the new tasks provided for by the treaty of lisbon , as well as to respond to unforeseen events ; points out that even with an increase in the level of resources for the next mff of at least 5 % compared to the 2013 level only a limited contribution can be made to the achievement of the union ' s agreed objectives and commitments and the principle of union solidarity ; challenges the council , in case it does not share this approach , to clearly identify which of its political priorities or projects could be dropped altogether , despite their proven european added value ;


### draft legislative resolution ### recalls its position expressed notably in its resolution of 7th june 2011 in favour of continuing the scheme for food distribution to the most deprived people in the union under the next multiannual financial period ; urges the commission to propose the most appropriate legal base ; underlines , however , that the objectives of the esf and the programme for deprived persons are not completely identical ;


### draft legislative resolution ### takes note of the commission ' s proposal of minimum shares of esf funding in the structural funds allocated to each category of regions ; takes notes that these thresholds vary between the three categories ; welcomes the fact that , if agreed , this would imply an overall minimum share for the esf of 25 % of the structural and cohesion funds altogether ;


### in order to ensure closer monitoring and improved assessment of the results achieved at european level by actions supported by the esf , a common set of output and result indicators should be established . ### in order to ensure closer monitoring and improved assessment of the results achieved at european level by actions supported by the esf , a common set of transparent and objective output and result indicators should be established .


### with a view to simplifying the use of the esf and reducing the risk of errors , and with regard to the specificities of the operations supported by the esf , it is appropriate to lay down provisions which complement articles 57 and 58 of regulation no [ … ] . ### with a view to simplifying the use of the esf and reducing the risk of errors , and with regard to the specificities of the operations supported by the esf , it is appropriate to lay down provisions which complement articles 57 and 58 of regulation no [ … ] . improving implementation and quality of spending should constitute guiding principles for achieving the objectives of the programme while ensuring optimal use of the financial resources ;


### the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission for establishing the definition of standard scales of unit costs and lump sums and their maximum amounts according to different types of operations and for defining the specific rules and conditions of policy - based guarantees . it is of particular importance that the commission carries out appropriate consultations during its preparatory work , including at expert level . the commission , when preparing and drawing up delegated acts , should ensure the simultaneous , timely and appropriate transmission of relevant documents to the european parliament and the council . ### the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission for establishing the definition in accordance with the relevant articles of the financial regulation of standard scales of unit costs and lump sums and their maximum amounts according to different types of operations and for defining the specific rules and conditions of policy - based guarantees . it is of particular importance that the commission carries out appropriate consultations during its preparatory work , including at expert level . the commission , when preparing and drawing up delegated acts , should ensure the simultaneous , timely and appropriate transmission of relevant documents to the european parliament and the council .


### c active inclusion ; ### c active inclusion : - integrated active inclusion approaches , for people of working age , which support holistic , personalised pathways to inclusion , quality of work and social participation , which include social , community integration and re - integration measures ) , and which contribute to ensuring adequate minimum income , access to quality services and inclusive labour markets . - mainstreaming of a life - cycle approach to ensure the provision of integrated support to reduce poverty and social exclusion of children and older people .


### c community - led local development strategies ; ### c community - led local development strategies , as defined in article 28 of the common provisions regulation ;


### complementing erdf interventions as referred to in article 7 of regulation no [ erdf ] , the esf may support sustainable urban development through strategies setting out integrated actions to tackle the economic , environmental and social challenges affecting urban areas of cities which are listed in the partnership contract . ### complementing erdf interventions as referred to in article 7 of regulation no [ erdf ] , the esf may support sustainable urban development through strategies setting out integrated actions to tackle the economic , environmental and social challenges affecting urban areas of cities which are listed in the partnership contract . these interventions shall be coordinated between the different instruments and programmes in order to avoid financing overlaps .


### member states may reject an application if the employer has been sanctioned in conformity with national law for undeclared work and / or illegal employment . ### member states may reject an application if the employer has been sanctioned in conformity with national law for undeclared work and / or illegal employment and / or the harassment , ill - treatment or exploitation of workers .


### member states shall take the necessary measures to make available information on conditions of entry and residence , including rights and all documentary evidence needed for an application to reside and work in the territory of a member state as a seasonal worker . ### member states shall take the necessary measures to make available information on conditions of entry and residence , including rights and all documentary evidence needed for an application to reside and work in the territory of a member state as a seasonal worker . this information shall be set out in a straightforward manner , comprehensible to people of every educational level .


### member states shall require employers of seasonal workers to provide evidence that the seasonal worker will benefit from accommodation that ensures an adequate standard of living . if seasonal workers are required to pay rent for such accommodation , its cost shall not be excessive in relation to their remuneration . ### member states shall require employers of seasonal workers to provide evidence that the seasonal worker will benefit from accommodation that ensures an adequate standard of living and shall appoint an official or a department responsible for : carrying out regular inspections into the standard of accommodation and living conditions making recommendations to the employer and fining employers who fail to comply with recommendations . . if seasonal workers are required to pay rent for such accommodation , its cost shall not be excessive in relation to their remuneration .


### the commission should have the power to adopt delegated acts in accordance with article 290 of the treaty in order to supplement or amend certain non - essential elements of regulation no 485 / 2008 . the elements for which that power may be exercised should be defined , as well as the conditions to which that delegation is to be subject . ### in order to ensure the proper functioning of the regime established by regulation no 485 / 2008 , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission in respect of supplementing or amending certain non - essential elements of that regulation . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level . the commission , when preparing and drawing up delegated acts , should ensure a simultaneous , timely and appropriate transmission of relevant documents to the european parliament and to the council .


### in order to guarantee a uniform application of regulation no 485 / 2008 in all member states , the commission should be empowered to adopt implementing acts in accordance with article 291 of the treaty . the commission should in particular be empowered to adopt uniform rules on the exchange of information . the commission should adopt those implementing acts with the assistance of the committee on the agricultural funds established by article 41d of council regulation 1290 / 2005 of 21 june 2005 on the financing of the common agricultural policy6 in accordance with the provisions of regulation no xx / xxxx of the european parliament and the council on… [ to be completed following the adoption of the regulation on control mechanisms , as referred to in article 291 of the tfeu , currently the subject of discussion by the european parliament and the council ] ### in order to ensure uniform conditions for the implementation of regulation no 485 / 2008 , implementing powers should be conferred on the commission . those powers , save where explicitly provided otherwise , should be exercised in accordance with regulation no 182 / 2011 of the european parliament and of the council of 16 february 2011 laying down the rules and general principles concerning mechanisms for control by member states of the commission ' s exercise of implementing powers1 . 1 oj l 209 , 11 . 8 . 2005 , p . 1 .


### in article 1 , the second sentence is replaced by the following : in order to exclude from the application of this regulation those measures which are by their nature unsuited for ex - post control by way of scrutiny of commercial documents , the commission may , by means of delegated acts in accordance with the conditions referred to in articles 13a , 13b and 13c of this regulation , establish a list of other measures to which this regulation does not apply . ### article 1 is replaced by the following : 2 . this regulation shall not apply to measures covered by the integrated administration and control system falling within council regulation no 73 / 2009 of 19 january 2009 establishing common rules for direct support schemes for farmers under the common agricultural policy and establishing certain support schemes for farmers1 . in order to exclude from the application of this regulation those measures which are by their nature unsuited for ex - post control by way of scrutiny of commercial documents , the commission may , by means of delegated acts in accordance with the conditions referred to in articles 13a , 13b and 13c of this regulation , establish a list of other measures to which this regulation does not apply . 1 oj l 30 , 31 . 1 . 2009 , p . 16 .