### the fee terminology should be determined by national competent authorities , allowing for consideration of the specificities of local markets . to be considered representative , services should be subject to a fee at a minimum of one payment service provider in member states . in addition , where possible , fee terminology should be standardised at eu level , thus allowing for comparison across the union . the european banking authority should establish guidelines to assist member states to determine the most representative payment services subject to a fee at national level . ### the fee terminology should be determined by national competent authorities , allowing for consideration of the specificities of local markets . to be considered representative , services should be subject to a fee or offered free of charge at a minimum of one payment service provider in member states . in addition , where possible , fee terminology should be standardised at eu level , thus allowing for comparison across the union . the european banking authority should establish guidelines to assist member states to determine the most representative payment services , subject to a fee or offered free of charge , at national level .


### member states shall ensure that consumers legally resident in the union are not discriminated against by reason of their nationality or place of residence when applying for or accessing a payment account within the union . ### member states shall ensure that consumers legally resident in the union are not discriminated against by reason of their nationality , place of residence or any other reason when applying for or accessing a payment account within the union .


### it is current practice for payment service providers to offer a payment account in a package with other financial products or services . this practice can be a means for payment service providers to diversify their offer and to compete against each other , and in the end it can be beneficial for consumers . however the commission study on tying practices in the financial sector conducted in 2009 as well as relevant consultations and consumer complaints have showed that payment service providers may offer bank accounts packaged with products not requested by consumers and which are not essential for payment accounts , such as household insurance . moreover , it has been observed that these practices may reduce transparency and comparability of prices , limit purchasing options for consumers and negatively impact upon their mobility . therefore , member states should ensure that when payment service providers offer packaged payment accounts consumers are provided with information on the applicable fees for the payment account and for each other financial service included in the package separately . these obligations should not apply to services which are naturally connected to the use of the payment account , such as withdrawals , wire transfers or payment cards . as a result , these services should be excluded from the scope of this provision . ### it is current practice for payment service providers to offer a payment account in a package with other financial products or services . this practice can be a means for payment service providers to diversify their offer and to compete against each other , and in the end it can be beneficial for consumers . however the commission study on tying practices in the financial sector conducted in 2009 as well as relevant consultations and consumer complaints have showed that payment service providers may offer bank accounts packaged with products not requested by consumers and which are not essential for payment accounts , such as household insurance . moreover , it has been observed that these practices may reduce transparency and comparability of prices , limit purchasing options for consumers and negatively impact upon their mobility . therefore , member states should ensure that when payment service providers offer payment accounts bundled with other financial services consumers are provided with information on whether it is possible to buy the components of the package separately and , if so , whether such services are to be provided with the information on the costs and charges of each financial service included in the package separately , electronically or on paper .


### member states shall ensure that fees , if any , applied by the transferring payment service provider to the consumer for the termination of the payment account held with it are determined in accordance with article 45 of directive 2007 / 64 / ec . ### member states shall ensure that no fees are applied by the transferring payment service provider to the consumer for the termination of the payment account held with it .


### ‘ fees’ means the charges , if any , payable by the consumer to the payment service provider for the provision of payment services or for transactions operated on a payment account ; ### ‘ fees’ means all charges and penalties , if any , payable by the consumer to the payment service provider for , and in relation to , the provision of payment services and other services linked to a payment account ;


### member states shall ensure that consumers legally resident in the union are not discriminated against by reason of their nationality or place of residence when applying for or accessing a payment account within the union . ### member states shall ensure that consumers legally staying in the union are not discriminated against by reason of their nationality or place of residence when applying for or accessing a payment account within the union . holding a basic payment account shall , furthermore , be in no way discriminatory . making any discrimination visible through , for example , a different appearance of the card , a different account or card number , shall not be allowed .


### member states shall ensure that at least one payment service provider in their territory offers a payment account with basic features to consumers . member states shall ensure that payment accounts with basic features are not only offered by payment service providers that provide the account solely with online banking facilities . ### member states shall in their territory ensure that a payment account with basic features is offered to consumers by all payment service providers offering payment accounts , covering at least the services listed in article 16 , as an integral part of their regular business .


### consumers should be guaranteed access to a range of basic payment services , for which a minimum number of operations shall be determined by member states in a way that should take into account both the needs of the consumers and the commercial practices in the member state concerned . beyond this list of minimum services , banks may apply their regular fees . services linked to basic payment accounts should include the facility to deposit and withdraw money . consumers should be able to undertake essential payment transactions such as receiving income or benefits , paying bills or taxes and purchasing goods and services , including via direct debit , credit transfer and the use of a payment card . such services should allow the purchase of goods and services online and should give consumers the opportunity to initiate payment orders via the payment service provider ' s online banking facility , where available . however , a payment account with basic features should not be restricted to online usage as this would create an obstacle for consumers without internet access . consumers should not be given access to an overdraft facility with a payment account with basic features . however , member states may allow payment services providers to offer buffering facilities for very small amounts in relation to payment accounts with basic features . ### consumers should be guaranteed access to a range of basic payment services . beyond this list of basic services , banks may apply their regular fees . services linked to basic payment accounts should include the facility to deposit and withdraw money . consumers should be able to undertake essential payment transactions such as receiving income or benefits , paying bills or taxes and purchasing goods and services , including via direct debit , credit transfer and the use of a payment card . such services should allow the purchase of goods and services online and should give consumers the opportunity to initiate payment orders via the payment service provider ' s online banking facility , where available . however , a payment account with basic features should not be restricted to online usage as this would create an obstacle for consumers without internet access . consumers should not be given access to an overdraft facility with a payment account with basic features . however , member states may allow payment services providers to offer buffering facilities for very small amounts in relation to payment accounts with basic features . provided that a payment account with basic features is operated by the consumer for personal use , there should be no limits to the number of operations to be provided to the consumer under the specific pricing rules of this account .


### member states shall ensure that at least one payment service provider in their territory offers a payment account with basic features to consumers . member states shall ensure that payment accounts with basic features are not only offered by payment service providers that provide the account solely with online banking facilities . ### member states shall ensure that payment accounts with basic features are offered to consumers by all payment service providers in their territory which operate in general retail payment services and that offer payment accounts as an integral part of their regular business . member states shall ensure that payment accounts with basic features are not only offered by payment service providers that provide the account solely with online banking facilities .


### member states shall ensure that fees , if any , applied by the transferring or the receiving payment service provider to the consumer for any service provided under article 10 , other than those referred to in paragraphs 1 to 3 , shall be appropriate and in line with the actual costs of that payment service provider . ### member states shall ensure that all services provided to the consumer under article 10 , other than those referred to in paragraphs 1 to 3 , shall be offered free of charge .


### ‘ credit transfer’ means a national or cross - border payment service for crediting a payee ' s payment account with a payment transaction or a series of payment transactions from a payer ' s payment account by the payment service provider which holds the payer ' s payment account , based on an instruction given by the payer ; ### ' credit transfer ' means a payment service for crediting a payee ' s payment account with a payment transaction or a series of payment transactions from a payer ' s payment account by the payment service provider which holds the payer ' s payment account , based on an instruction given by the payer ;


### consumers are only incentivised to switch accounts if the process does not entail an excessive administrative and financial burden . the procedure for switching payment accounts to another payment service provider should be clear and quick . the fees , if any , charged by payment service providers in relation to the switching service should be in line with the actual cost incurred by payment service providers . in order to have positive impact on competition , switching should also be facilitated at cross - border level . given that switching cross - border could be more complex than the switching at national level and may require payment service providers to adapt and refine their internal procedures , longer deadlines for the cross - border switch should be foreseen . the need to maintain different deadlines should be evaluated in the context of the review of the proposed directive . ### consumers are only incentivised to switch accounts if the process does not entail an excessive administrative and financial burden . the procedure for switching payment accounts to another payment service provider should be clear and quick . in order to have positive impact on competition , switching should also be facilitated at cross - border level . nevertheless a longer transposition period should be provided for in relation to the provisions of this directive dealing with switching services . member states should be provided with different transposition periods for the implementation of provisions related to switching services by distinguishing between switching services provided by payment service providers located in the same member state and by service providers located in different member states . in all member states redirection services in case of switching should be introduced . the member states shall provide a mechanism for redirection of standing orders and direct debits to the account held by the consumer with the receiving payment service provider for a period of at least one year .


### member states shall ensure that , in the cases indicated in paragraph 3 , the payment service provider immediately informs the consumer of the refusal , in writing and free of charge , unless such disclosure would be contrary to the objectives of national security or public policy . ### member states shall ensure that , in the cases indicated in paragraph 3 , the payment service provider immediately informs the consumer of the refusal and the reason for the refusal , in writing and free of charge , unless such disclosure would be contrary to the objectives of national security or public policy .


### member states should ensure that at least one payment service provider offers a payment account with basic features to consumers . access should not be overly difficult and should not entail excessive costs for consumers . in this respect , member states should consider factors such as the location of the designated payment service providers in their territory . in order to minimise the risk for consumers to become financially excluded , member states should improve financial education , including at school , and combat over - indebtedness . furthermore , member states should promote initiatives of payment service providers in order to facilitate the combination of providing payment accounts with basic features and financial education . ### member states should ensure that payment accounts with basic features are offered to consumers by all payment service providers in their territory which operate general retail payment services and that offer payment accounts as an integral part of their regular business . access to payment services with basic features should be provided throughout the union for all consumers legally staying in the union , including students , workers and homeless people without a fixed address . member states should ensure that payment accounts with basic features are not only offered by payment service providers that provide the account solely with online banking facilities . access should not be overly difficult and should be free of charge or entail only a nominal fee for consumers . payment accounts with basic features should be offered free of charge or for a nominal fee , only covering the actual cost incurred by the payment services operator . in this respect , member states should consider factors such as the location of the designated payment service providers in their territory . member states should also ensure that exemptions are only based on the requirements set out in directive 2005 / 60 / ec . in order to minimise the risk for consumers to become financially excluded , member states should improve financial education , including at school , and combat over - indebtedness . furthermore , member states should promote initiatives of payment service providers in order to facilitate the combination of providing payment accounts with basic features and financial education .


### the union also aims to ensure coherence with other areas of its external action . this should be ensured when formulating the union ' s development cooperation policy and its strategic planning programming and implementation of measures . ### the union should ensure coherence with other areas of its external action . since both the union’s cooperation policy and its commercial policy are governed by the common principles applicable to the union’s external action , in line with articles 205 and 207 tfeu , development cooperation programmes aimed at improving , increasing , strengthening or facilitating commercial relations with the countries forming the subject of this regulation must adhere to the same principles . commercial measures forming part of cooperation policy should foster economic , social and environmental development , strengthen human rights and labour laws and promote good environmental practice .


### in implementing this regulation , consistency shall be ensured with other areas of union external action and with other relevant union policies . to this end , measures financed under this regulation , including those managed by the eib , shall be based on the cooperation policies set out in instruments such as agreements , declarations and action plans between the union and the third countries and regions concerned , and on the union ' s decisions , specific interests , policy priorities and strategies . ### in implementing this regulation , consistency shall be ensured with other areas of union external action and with other relevant union policies . to this end , measures financed under this regulation , including those managed by the eib , shall be based on the cooperation policies set out in instruments such as agreements , trade agreements , declarations and action plans between the union and the third countries and regions concerned , and on the union’s decisions , specific interests , policy priorities , commercial objectives and strategies .


### union assistance should focus where it has more impact , having regard to its capacity to act on a global scale and respond to global challenges such as poverty eradication , sustainable and inclusive development and worldwide promotion of democracy , good governance , human rights and the rule of law , its long - term and predictable commitment to development assistance and its role in coordinating with its member states . to ensure such impact , the principle of differentiation should be applied not only at the level of funds allocation , but also at the level of programming , to ensure that bilateral development cooperation targets partner countries most in need , including fragile states and states with high vulnerability , and with limited capacity to have access to other sources of financing for supporting their own development , having regard to the potential impact of the union assistance in partner countries . as a consequence , bilateral programming would target such countries , pursuant to the application of objective criteria based on the needs and capacities of these countries , as well as the impact of eu assistance . ### union assistance should focus where it has more impact , having regard to its capacity to act on a global scale and respond to global challenges such as poverty eradication , sustainable and inclusive development and worldwide promotion of democracy , good governance , human rights and the rule of law , its long - term and predictable commitment to development assistance and its role in coordinating with its member states . to ensure such impact , the principle of differentiation should be applied not only at the level of funds allocation , but also at the level of programming , to ensure that bilateral development cooperation targets partner countries most in need , including fragile states and states with high vulnerability , and with limited capacity to have access to other sources of financing for supporting their own development , having regard to the potential impact of the union assistance in partner countries . for countries no longer eligible for country - specific geographical programmes , provision should be made for phasing out assistance through a gradual approach , paying special attention to the needs of particularly vulnerable population groups and bearing in mind that some of those countries will also cease to enjoy the commercial advantages of the generalised system of preferences , meaning they will be affected twice as badly .


### the european parliament and the council should be kept informed of committee proceedings on a regular basis . ### the european parliament and the council should be kept fully informed of committee proceedings on a regular basis .


### the commission or the relevant funding body may establish a secure electronic system for exchanges with the participants . a document submitted by means of this system , including grant agreements , shall be deemed to be the original of that document where the user identification and password of the participant ' s representative have been used . such identification shall constitute the signature of the document concerned . ### the commission shall establish a secure electronic system for exchanges with the participants . a document submitted by means of this system , including grant agreements , shall be deemed to be the original of that document where the user identification and password of the participant ' s representative have been used . such identification shall constitute the signature of the document concerned .


### provided that any access rights to the results can be exercised and that any additional exploitation obligations are complied with , the participant who owns results may grant licences or otherwise give the right to exploit them to any legal entity , including on an exclusive basis . ### provided that any access rights to the results can be exercised and that any additional exploitation obligations are complied with by the participant who owns results , that participant may grant licences or otherwise give the right to exploit the results to any legal entity , including on an exclusive basis .


### appropriate measures shall be taken to seek gender balance and geographical diversity when appointing independent experts . ### appropriate measures shall be taken to ensure gender and geographical balance to the extent possible when appointing independent experts .


### where participants in an action have jointly generated results and where their respective share of the work cannot be ascertained , they shall have joint ownership of those results . the joint owners shall establish an agreement regarding the allocation and terms of exercise of that joint ownership in accordance with their obligations under the grant agreement . ### where participants in an action have jointly generated results and where their respective share of the work cannot be ascertained , or where it is not possible to separate such joint result for the purpose of obtaining and / or maintaining the relevant patent protection or any other intellectual property right , they shall have joint ownership of those results . the joint owners shall establish an agreement regarding the allocation and terms of exercise of that joint ownership in accordance with their obligations under the grant agreement .


### by way of derogation from paragraph 1 , in the case of european research council frontier research actions , the sme instrument , programme co - fund actions and in justified cases provided for in the work programme or work plan , the minimum condition shall be the participation of one legal entity established in a member state or associated country . ### by way of derogation from paragraph 1 , in the case of european research council frontier research actions , the sme instrument , actions in the area of primary agricultural production , programme co - fund actions and in justified cases provided for in the work programme or work plan , the minimum condition shall be the participation of one legal entity established in a member state or associated country .


### the certificate on financial statements shall cover the total amount of the grant claimed by a participant under the form of reimbursement of actual costs and under the form of scale of unit costs referred to article 27 . the certificate shall only be submitted when that amount is equal to or greater than eur 325 000 at the time of claiming the payment of the balance of the grant . ### the certificate on financial statements shall cover the total amount of the grant claimed by a participant under the form of reimbursement of actual costs and under the form of scale of unit costs referred to article 27 . the certificate shall only be submitted when that amount is equal to or greater than eur 375 000 at the time of claiming the payment of the balance of the grant .


### eligible personnel costs shall only cover the actual hours worked by the persons directly carrying out work under the action . the evidence regarding the actual hours worked shall be provided by the participant , normally through a time recording system . ### eligible personnel costs shall cover the hours worked by the persons directly carrying out work under the action


### they ensure compliance with the non - profit requirement and avoidance of double funding of costs ; ### the non - profit requirement and avoidance of double funding of costs ;


### the consortium may propose to add or remove a participant in accordance with the respective provisions of the grant agreement , provided that this change is in conformity with the conditions for participation , does not adversely affect the implementation of the action and is not contrary to the principle of equal treatment . ### the consortium may propose to add or remove a participant or change a coordinator in accordance with the respective provisions of the grant agreement , provided that this change is in conformity with the rules for participation , does not adversely affect the implementation of the action and is not contrary to the principle of equal treatment .


### they comply with the provisions in article 23 ; ### the provisions in article 23 ;


### the members of any consortium wishing to participate in an action shall appoint one of them to act as coordinator which shall be identified in the grant agreement . ### the members of any consortium wishing to participate in an action shall appoint one of them to act as coordinator which shall be identified in the grant agreement . the coordinator shall be the principal point of contact between members of the consortium , represent the consortium in its dealings with the commission or the financial bodies concerned and monitor compliance by members of the consortium with their obligations under the grant agreement .


### the grant agreement shall establish the rights and obligations of the participants , of the commission or the relevant funding bodies . it shall also establish the rights and obligations of legal entities which become participants during the implementation of the action . ### the grant agreement shall establish the rights and obligations of the participants , of the commission or the relevant funding bodies . it shall also establish the rights and obligations of legal entities which become participants during the implementation of the action . it shall comply with this regulation and the provisions of regulation no xx / xx [ the financial regulation ] and regulation no xx / xx [ the delegated regulation ] .


### direct eligible personnel costs may be financed on the basis of scale of unit costs determined according to the participant ' s usual cost accounting practices , provided that they comply with the following cumulative criteria : ### direct eligible personnel costs may be financed on the basis of scale of unit costs determined as reference rates for different categories of researchers , updated by the commission on a yearly basis . rates are differentiated by countries and are obtained by applying the correction coefficients for cost of living in the country . scales of unit costs must comply with the following cumulative criteria :


### participants shall make no commitments which are incompatible with the grant agreement . where a participant fails to comply with its obligations regarding the technical implementation of the action , the other participants shall comply with the obligations without any additional union funding unless the commission or funding body expressly relieves them of that obligation . the financial responsibility of each participant shall be limited to its own debt , subject to the provisions relating to the fund . the participants shall ensure that the commission or funding body is informed of any event which might affect the implementation of the action or the interests of the union . ### participants shall make no commitments which are incompatible with the grant agreement . where a participant fails to comply with its obligations regarding the technical implementation of the action , the other participants shall comply with the obligations without any additional union funding unless the commission or funding body expressly relieves them of that obligation . the financial responsibility of each participant shall be limited to the funding which was directly received , subject to the provisions relating to the fund . the participants shall ensure that the commission or funding body is informed of any event which might affect the implementation of the action or the interests of the union .


### participants that calculate and claim direct personnel costs on the basis of scale of unit costs may submit to the commission a certificate on the methodology . that methodology shall comply with the conditions set out in article 27 and meet the requirements of grant agreement . ### participants that calculate direct personnel costs on the basis of scale of unit costs and / or claim indirect costs on the basis of indirect eligible costs actually incurred may submit to the commission a certificate on the methodology . that methodology shall comply with the conditions set out in article 27 .


### proposals shall be ranked according to the evaluation results . the selection shall be made on the basis of this ranking . ### proposals shall be ranked according to the evaluation results on the basis of the proposed numerical assessment scale . the same topic or a similar one may be given independently to two different research teams in order to enhance competitiveness .


### a funding body may establish rules which depart from those laid down in this regulation or regulation no xx / 2012 [ the financial regulation ] if this is provided for in the basic act or , subject to the consent of the commission , if its specific operating needs so require . ### the eit may establish rules which depart from those laid down in this regulation or regulation no xx / 2012 [ the financial regulation ] if this is provided for in the basic act or , subject to the consent of the commission , if its specific operating needs so require , in particular in relation to ownership , access rights , exploitation and dissemination of results .


### the grant agreement shall contain the minimum requirements for the time recording system as well as the number of annual productive hours to be used for the calculation of the hourly personnel rates . ### the grant agreement shall contain the minimum requirements for the time recording system .


### participants that calculate and claim direct personnel costs on the basis of scale of unit costs may submit to the commission a certificate on the methodology . that methodology shall comply with the conditions set out in article 27 and meet the requirements of grant agreement . ### participants that calculate and claim direct personnel costs on the basis of scale of unit costs or on the basis of indirect eligible costs actually incurred shall submit to the commission a certificate on the methodology . that methodology shall comply with the conditions set out in article 27 .


### provided that any access rights to the results can be exercised and that any additional exploitation obligations are complied with , the participant who owns results may grant licences or otherwise give the right to exploit them to any legal entity , including on an exclusive basis . ### provided that any access rights to the results can be exercised and that any additional exploitation obligations are complied with by the participant who owns results , that participant may grant licences or otherwise give the right to exploit the results to any legal entity , including on an exclusive basis .


### any proposal for research on human embryonic stem cells shall include , as appropriate , details of licensing and control measures that will be taken by the competent authorities of the member states as well as details of the ethical approvals that will be provided . as regards the derivation of human embryonic stem cells , institutions , organisations and researchers shall be subject to strict licensing and control in accordance with the legal framework of the member states involved . ### any proposal for research on human embryonic stem cells shall include details of licensing and control measures that will be taken by the competent authorities of the member states as well as details of the ethical approvals that will be provided . as regards the derivation of human embryonic stem cells , institutions , organisations and researchers shall be subject to strict licensing and control in accordance with the legal framework of the member states involved .


### specific challenges in the area of research and innovation should be addressed through new forms of funding such as prizes , pre - commercial procurement and public procurement of innovative solutions which require specific rules . ### specific challenges in the area of research and innovation should be addressed through new forms of funding such as prizes , pre - commercial procurement and public procurement of innovative solutions which require specific rules . it is appropriate to use different forms of funding , and where appropriate , combine different types of funding bodies . in particular , the financial instruments should be used in a complementary manner in cases where they help to leverage yet further private investment in research and innovation , including venture capital investments for innovative companies and in particular smes , and where the pursued results cannot be effectively achieved by grants , and where actions primarily consist of close - to - market activities . smes using instruments such as venture capital shall not be subject to undue delays or added barriers to further funding


### in line with the objectives of international cooperation as set out in articles 180 and 186 tfeu , the participation of legal entities established in third countries and of international organisations should be promoted . the implementation of these rules should be in conformity with the measures adopted in accordance with articles 75 and 215 tfeu and be in compliance with international law . moreover , the implementation of these rules should duly take into account conditions for the participation of union entities in third countries ' programmes . ### in line with the objectives of international cooperation as set out in articles 180 and 186 tfeu , the participation of legal entities established in third countries and of international organisations should be promoted . the implementation of these rules should be in conformity with the measures adopted in accordance with articles 75 and 215 tfeu and be in compliance with international law . moreover , the implementation of these rules should duly take into account conditions for the participation of union entities in third countries ' programmes , based on the principle of reciprocity .


### it is appropriate to establish the terms and conditions for providing union funding for participants in actions under horizon 2020 . in order to reduce the complexity of the existing funding rules and have a higher flexibility in the project implementation , a simplified cost reimbursement system should be adopted with enhanced use of lump sums , flat rates and scale of unit costs . for simplification purposes , a single reimbursement rate should be applied for each type of action with no differentiation according to the type of participant . ### it is appropriate to establish the terms and conditions for providing union funding for participants in actions under horizon 2020 . in order to reduce the complexity of the existing funding rules , a simplified cost reimbursement system should be adopted with enhanced use of lump sums , flat rates and scale of unit costs .


### for persons working exclusively for the action , no time recording is required . in such cases , the participant shall sign a declaration confirming that the person concerned has worked exclusively for the action . ### does not affect the english version .


### the work programme or work plan shall lay down further details of the application of the award criteria laid down in paragraph 1 , and specify weightings and thresholds . ### the work programme or work plan shall lay down further details of the application of the award criteria laid down in paragraph 1 , and specify weightings and thresholds . gender balance shall furthermore be established as one criterion of the work programmes .


### promote workers’ geographical mobility and boost employment opportunities by developing union labour markets that are open and accessible to all ; ### consolidate the single market by promoting workers’ geographical mobility and boost employment opportunities by developing union labour markets that are open and accessible to all by respecting and guaranteeing freedom of movement and workers’ rights throughout the territory of the european union ;


### with the aim of strengthening trade mark protection and combatting counterfeiting more effectively , the proprietor of a registered trade mark should be entitled to prevent third parties from bringing goods into the customs territory of the member state without being released for free circulation there , where such goods come from third countries and bear without authorization a trade mark which is essentially identical to the trade mark registered in respect of such goods . ### with the aim of strengthening trade mark protection and combatting counterfeiting more effectively , the proprietor of a registered trade mark should be entitled to prevent third parties from bringing goods into the customs territory of the member state without being released for free circulation there , where such goods come from third countries and bear without authorization a trade mark which is identical to the trade mark registered in respect of such goods . this should be without prejudice to the union ' s compliance with wto rules , notably with gatt article v on freedom of transit and its right to promote access to medicines for third countries , and more specifically to the production , circulation and distribution of generic medicines in the eu and abroad .


### in order to more effectively prevent the entry of infringing goods , particularly in the context of sales over the internet , the proprietor should be entitled to prohibit the importing of such goods into the union where it is only the consignor of the goods who acts for commercial purposes . ### in order to more effectively prevent the entry of infringing goods , particularly in the context of sales over the internet , the proprietor should be entitled to prohibit the importing of such goods into the union , where it is only the consignor of the goods who acts for commercial purposes . for this purpose , the proprietor should take relevant actions as provided for under directive 48 / 2004 / ec of the european parliament and of the council of 29 april 2004 on the enforcement of intellectual property rights and regulation 608 / 2013 of the european parliament and of the council of 12 june 2013 concerning customs enforcement of intellectual property rights .


### the proprietor of a registered trade mark shall also be entitled to prevent all third parties from bringing goods , in the context of commercial activity , into the customs territory of the member state where the trade mark is registered without being released for free circulation there , where such goods , including packaging , come from third countries and bear without authorization a trade mark which is identical to the trade mark registered in respect of such goods , or which cannot be distinguished in its essential aspects from that trade mark . ### the proprietor of a registered trade mark shall also be entitled to prevent all third parties from bringing goods , in the context of commercial activity , into the customs territory of the member state where the trade mark is registered without being released for free circulation there , where such goods , including packaging , come from third countries and bear without authorization a trade mark which is identical to the trade mark registered in respect of such goods , or which cannot be distinguished in its essential aspects from that trade mark . this shall be without prejudice to the union ' s compliance with wto rules , notably with gatt article v on freedom of transit .


### trade marks fulfil their purpose of distinguishing goods or services and allowing consumers to make informed choices only when they are actually used on the market . a requirement of use is also necessary in order to reduce the total number of trade marks registered and protected in the union and , consequently , the number of conflicts which arise between them . it is therefore essential to require that registered trade marks must actually be used in connection with the goods or services for which they are registered , or , if not used , must be liable to be revoked . ### trade marks fulfil their purpose of distinguishing goods or services and allowing consumers to make informed choices only when they are actually used on the market . a requirement of use is also necessary in order to reduce the total number of trade marks registered and protected in the union and , consequently , the number of conflicts which arise between them . it is therefore essential to require that registered trade marks must actually be used in connection with the goods or services for which they are registered , or , if not used within five years of the date of registration , must be liable to be revoked .


### the sign is identical with the trade mark and is used in relation to goods or services which are identical with those for which the trade mark is registered and where such use affects or is liable to affect the function of the trade mark to guarantee to consumers the origin of the goods or services ; ### the sign is identical with the trade mark and is used in relation to goods or services which are identical with those for which the trade mark is registered and where such use affects or is liable to affect the function of the trade mark to guarantee to consumers the origin of the goods or services by enabling him or her to distinguish without any possibility of confusion between that product and products which have another origin ;


### ensure that the person who conducts the interview is competent to take account of the personal or general circumstances surrounding the application , including the applicant ' s cultural origin , gender , &#160 ; or vulnerability ; ### ensure that the member of staff of the determining authority who conducts the interview is competent to take account of the personal and general circumstances surrounding the application , including the applicant ' s cultural origin , gender , &#160 ; sexual orientation , gender identity or vulnerability ;


### they shall be informed of the result of the decision by the determining authority in a language that they may reasonably be supposed to understand when they are not assisted or represented by a legal adviser or other counsellor . the information provided shall include information on how to challenge a negative decision in accordance with the provisions of article 10 . ### they shall be informed of the result of the decision by the determining authority in a language that they understand when they are not assisted or represented by a legal adviser or other counsellor . the information provided shall include information on how to challenge a negative decision in accordance with the provisions of article 10 .


### member states shall ensure that border guards , police and immigration authorities , and personnel of detention facilities have instructions and receive necessary training for dealing with applications for international protection . if these authorities are designated as competent authorities pursuant to paragraph 1 , the instructions shall include an obligation to register the application . in other cases , the instructions shall require to forward the application to the authority competent for this registration together with all relevant information . ### member states shall ensure that border guards , police and immigration authorities , and personnel of detention facilities have instructions and receive necessary training for recognising , registering and forwarding applications for international protection . if these authorities are designated as competent authorities pursuant to paragraph 1 , the instructions shall include an obligation to register the application . in other cases , the instructions shall require to forward the application to the authority competent for this registration together with all relevant information .


### provide for free legal assistance in procedures in accordance with chapter iii . this shall include , at least , the provision of information on the procedure to the applicant in the light of his / her particular circumstances and explanations of reasons in fact and in law in the case of a negative decision ; ### provide for free legal assistance in procedures in accordance with chapter iii . this shall include , at least , the provision of information on the procedure to the applicant in the light of his / her particular circumstances , preparation of the necessary procedural documents , representation , including during the personal interview , and explanations of reasons in fact and in law in the case of a negative decision ;


### member states should examine all applications on the substance , i . e . assess whether the applicant in question qualifies for international protection in accordance with directive [ … / . . / ec ] [ the qualification directive ] except where the present directive provides otherwise , in particular where it can be reasonably assumed that another country would do the examination or provide sufficient protection . in particular , member states should not be obliged to assess the substance of an application for international protection where a first country of asylum has granted the applicant refugee status or otherwise sufficient protection and the applicant will be readmitted to this country . ### member states should examine all applications on the substance , i . e . assess whether the applicant in question qualifies for international protection in accordance with directive [ … / . . / ec ] [ the qualification directive ] except where the present directive provides otherwise , in particular where it can be reasonably assumed that another country would do the examination or provide effective protection . in particular , member states should not be obliged to assess the substance of an application for international protection where a first country of asylum has granted the applicant refugee status or otherwise effective protection and the applicant will be readmitted to this country . member states should proceed in this way only in cases where the applicant in question is in safety in the third country concerned .


### in applying the concept of first country of asylum to the particular circumstances of an applicant for international protection member states may take into account article 32 . ### in applying the concept of first country of asylum to the particular circumstances of an applicant for international protection member states shall take into account article 32 . the applicant shall be allowed to challenge the application of the concept of first country of asylum on the grounds that the first country of asylum in question is not safe in his or her particular case .


### he / she otherwise enjoys sufficient protection in that country , including benefiting from the principle of non - refoulement ; ### he / she otherwise enjoys effective protection in that country , including benefiting from the principle of non - refoulement ;


### only to legal advisers or other counsellors specifically designated by national law to assist and / or represent applicants for international protection . ### only for the services provided by legal advisers or other counsellors specifically designated by national law to assist and / or represent applicants for international protection .


### member states shall also ensure that , where an application is rejected with regard to refugee status and / or subsidiary protection status , the reasons in fact and in law are stated in the decision and information on how to challenge a negative decision is given in writing . ### member states shall also ensure that , where an application is rejected or granted with regard to refugee status and / or subsidiary protection status , the reasons in fact and in law are stated in the decision and information on how to challenge a negative decision is given in writing .


### they shall be informed in a language which they may reasonably be supposed to understand of the procedure to be followed and of their rights and obligations during the procedure and the possible consequences of not complying with their obligations and not cooperating with the authorities . they shall be informed of the time - frame , as well as the means at their disposal for fulfilling the obligation to submit the elements as referred to in article 4 of directive [ &#8230 ; . / . . / ec ] [ the qualification directive ] . this information shall be given in time to enable them to exercise the rights guaranteed in this directive and to comply with the obligations described in article 12 ; ### they shall be informed in a language which they understand of the procedure to be followed and of their rights and obligations during the procedure and the possible consequences of not complying with their obligations and not cooperating with the authorities . they shall be informed of the time - frame , as well as the means at their disposal for fulfilling the obligation to submit the elements as referred to in article 4 of directive [ &#8230 ; . / . . / ec ] [ the qualification directive ] . this information shall be given in time to enable them to exercise the rights guaranteed in this directive and to comply with the obligations described in article 12 ;


### the competent authority is of the opinion that the applicant is unfit or unable to be interviewed owing to enduring circumstances beyond his / her control . when in doubt , the competent authority shall consult a medical expert to establish whether the condition is temporary or permanent . ### the determining authority is of the opinion that the applicant is unfit or unable to be interviewed owing to enduring circumstances beyond his / her control . when in doubt , the determining authority shall consult a medical expert to establish whether the condition is temporary or permanent .


### in the case of a decision taken in the accelerated procedure pursuant to article 27 and of a decision to consider an application inadmissible pursuant to article 29 , and where the right to remain in the member state pending the outcome of the remedy is not foreseen under national legislation , a court or tribunal shall have the power to rule whether or not the applicant may remain on the territory of the member state , either upon request of the concerned applicant or acting on its own motion . ### in the case of a decision taken in the accelerated procedure pursuant to article 27 and of a decision to consider an application inadmissible pursuant to article 29 , and if , in such cases , the right to remain in the member state pending the outcome of the remedy is not foreseen under national legislation , a court or tribunal shall have the power to rule whether or not the applicant may remain on the territory of the member state , either upon request of the concerned applicant or acting on its own motion .


### with the exception of article 59 , the requirements of this regulation shall not apply to devices classified as class a , b and c , in accordance with the rules set out in annex vii , and manufactured and used only within a single health institution , provided manufacture and use occur solely under the health institution ' s single quality management system , and the health institution is compliant with standard en iso 15189 or any other equivalent recognised standard . member states may require that the health institutions submit to the competent authority a list of such devices which have been manufactured and used on their territory and may make the manufacture and use of the devices concerned subject to further safety requirements . ### with the exception of article 59 , the requirements of this regulation shall not apply to devices classified as class a , b and c , in accordance with the rules set out in annex vii , and manufactured and used only within a single health institution , provided manufacture and use occur solely under the health institution ' s single quality management system , and the health institution is accredited with standard en iso 15189 or any other equivalent recognised standard . member states may require that the health institutions submit to the competent authority a list of such devices which have been manufactured and used on their territory and may make the manufacture and use of the devices concerned subject to further safety requirements .


### it shall apply from [ five years after entry into force ] . ### it shall apply from [ three years after entry into force ] .


### enhancing research and innovation infrastructure and capacities to develop r&amp ; i excellence and promoting centres of competence , in particular those of european interest ; ### enhancing research and innovation capacities to develop r&amp ; i excellence and promoting the setting - up , upgrade and operation and centres of competence , in particular those of european interest , including their necessary enabling infrastructures ;


### support for and services to enterprises , in particular smes ; ### support for and services to enhance innovation in enterprises , in particular smes ;


### developing new business models for smes , in particular for internationalisation ; ### developing and applying new business models for smes including new value chains and marketing organisation , in particular for internationalisation ;


### support to public research and innovation bodies and investment in technology and applied research in enterprises ; ### support to research and innovation bodies and investment in technology and applied research in enterprises ;


### enhancing research and innovation infrastructure and capacities to develop r&amp ; i excellence and promoting centres of competence , in particular those of european interest ; ### enhancing research and innovation infrastructure and capacities to develop r&amp ; i excellence and promoting centres of competence , in particular those of european interest and those presenting possible synergies with other european programmes , for example with the competition to create top research institutions under horizon 2020 ;


### the erdf should contribute to the europe 2020 strategy , thus ensuring greater concentration of erdf support on the priorities of the union . according to the category of regions supported , the support from the erdf should be concentrated on research and innovation , small and medium - sized enterprises and climate change mitigation . the degree of concentration should take into account the level of development of the region as well as the specific needs of regions whose gdp per capita for the 2007 - 13 period was less than 75% of the average gdp of the eu - 25 for the reference period . ### the erdf should contribute to the europe 2020 strategy , thus ensuring greater concentration of erdf support on the priorities of the union . according to the category of regions supported , the support from the erdf should be concentrated on research and innovation , small and medium - sized enterprises , promoting inclusive economic growth and climate change mitigation . the degree of concentration should take into account the level of development of the region as well as the specific needs of regions whose gdp per capita for the 2007 - 13 period was less than 75% of the average gdp of the eu - 25 for the reference period .


### fixed investment in equipment and small - scale infrastructure ; ### fixed investment in equipment and research infrastructure including the necessary enabling infrastructures ;


### promoting entrepreneurship , in particular by facilitating the economic exploitation of new ideas and fostering the creation of new firms ; ### promoting entrepreneurship , in particular by facilitating the economic exploitation of new ideas and research results and fostering the creation of new firms , including business incubators , also through providing the necessary enabling infrastructure ;


### at least 6% of the total erdf resources at national level shall be allocated to the thematic objective set out in point 4 of article 9 of regulation no [ … ] / 2012 [ cpr ] . ### at least 15 % of the total erdf resources at national level shall be allocated to the thematic objective set out in point 4 of article 9 of regulation no [ … ] / 2012 [ cpr ] .


### each programme , except those where technical assistance is undertaken under a specific programme , shall set out the indicative amount of support to be used for climate change objectives . ### each programme , except those where technical assistance is undertaken under a specific programme , shall set out the indicative amount of support to be used for climate change and environmental , including biodiversity and resource efficiency , objectives .


### each programme , except those which cover exclusively technical assistance , shall include a description of the actions to take into account the principles set out in articles 7 and 8 . ### each programme , except those which cover exclusively technical assistance , shall include milestones and targets , programme specific indicators and a description of the actions to align with the principles set out in articles 7 and 8 .


### the member states and the commission shall ensure that environmental protection requirements , resource efficiency , climate change mitigation and adaptation , disaster resilience and risk prevention and management are promoted in the preparation and implementation of partnership contracts and programmes . member states shall provide information on the support for climate change objectives using the methodology adopted by the commission . the commission shall adopt this methodology by means of an implementing act . the implementing act shall be adopted in accordance with the examination procedure referred to in article 143 . ### the member states and the commission shall ensure that environmental protection requirements , resource efficiency , climate change mitigation and adaptation , disaster resilience and risk prevention and management are promoted in the preparation and implementation of partnership contracts and programmes . member states shall provide information on the support for climate change and environmental objectives , including biodiversity and resource efficiency , using the methodology adopted by the commission . the methodology shall also , to the extent possible , assess the negative impacts of csf - fund expenditure on climate change and environmental objectives . the commission shall adopt this methodology by means of an implementing act . the implementing act shall be adopted in accordance with the examination procedure referred to in article 143 .


### the indicative allocation of support by the union by thematic objective at national level for each of the csf funds , as well as the total indicative amount of support foreseen for climate change objectives ; ### the indicative allocation of support by the union by thematic objective at national level for each of the csf funds , as well as the total indicative amount of support foreseen for climate change and environmental , including biodiversity and resource efficiency , objectives ;


### ‘ substantial modification’ : any change to any aspect of the clinical trial which is made after notification of the decision referred to in articles 8 , 14 , 19 , 20 and 23 and which is likely to have a substantial impact on the safety or rights of the subjects or on the reliability and robustness of the data generated in the clinical trial ; ### ' substantial modification ' : any change to any aspect of the clinical trial , including early termination of the trial , which is made after notification of the decision referred to in articles 8 , 14 , 19 , 20 and 23 which may have a substantial impact on the safety or rights of the subjects or on the reliability and robustness of the data generated in the clinical trial , i . e . change the interpretation of the scientific documents used to support the conduct of the trial , or if the modifications are otherwise significant .


### the conditions and criteria on the basis of which an application for a single permit can be rejected is laid down in national law including the obligation to respect the principle of community preference as expressed in particular in the relevant provisions of the acts of accession of 16 april 2003 and 25 april 2005 . ### the conditions and criteria on the basis of which an application for a single permit can be rejected should be objective , verifiable and laid down in national law including the obligation to respect the principle of community preference as expressed in particular in the relevant provisions of the acts of accession of 16 april 2003 and 25 april 2005 .


### reasons shall be given in the written notification for a decision rejecting the application , not granting , not modifying or not renewing , suspending or withdrawing the single permit on the basis of criteria specified in national or community law . ### reasons shall be given in the written notification for a decision rejecting the application for a single permit , not modifying or not renewing the single permit , or withdrawing the single permit on the basis of criteria provided for by national or union law .


### member states may request applicants to pay fees for handling applications in accordance with this directive . the level of fees must be proportionate and may be based on the principle of the service actually provided . ### member states may request applicants to pay fees for handling applications in accordance with this directive . the level of fees shall be proportionate and affordable and shall not exceed the real costs incurred by the national administration .


### any decision rejecting the application , not granting , modifying or renewing , suspending or withdrawing a single permit shall be open to challenge before the courts of the member state concerned . the written notification shall specify the possible redress procedures available and the time - limit for taking action . ### any decision rejecting the application , not granting , modifying or renewing , suspending or withdrawing a single permit shall be open to challenge before the courts of the member state concerned . the written notification shall specify the court or administrative authority with which the person concerned may lodge an appeal and the time - limit for the appeal .


### have free access to the entire territory of the member state issuing the single permit within the limits provided for by national legislation for reasons of security ; ### have free access to the entire territory of the member state issuing the single permit . member states may impose territorial restrictions on the right of residence and the right to work within the limits provided for by national legislation for reasons of security , only where the same restrictions apply to their own nationals ;


### liquid renewable fuels are likely to be required by the transport sector in order to reduce its greenhouse gas emissions . advanced biofuels , such as those made from wastes and algae , provide high greenhouse gas savings with low risk of causing indirect land use change and do not compete directly for agricultural land for the food and feed markets . it is appropriate , therefore , to encourage greater production of such advanced biofuels as these are currently not commercially available in large quantities , in part due to competition for public subsidies with established food crop based biofuel technologies . further incentives should be provided by increasing the weighting of advanced biofuels towards 10% target for transport set in directive 2009 / 28 / ec compared to conventional biofuels . in this context , only advanced biofuels with low estimated indirect land use change impacts and high overall greenhouse gas savings should be supported as part of the post 2020 renewable energy policy framework . ### liquid renewable fuels are likely to be required by the transport sector in order to reduce its greenhouse gas emissions . advanced biofuels , such as those made from wastes and algae , provide high greenhouse gas savings with low risk of causing indirect land use change and do not compete directly for agricultural land for the food and feed markets . it is appropriate , therefore , to encourage greater production of such advanced biofuels as these are currently not commercially available in large quantities , in part due to competition for public subsidies with established food crop based biofuel technologies . further incentives should be provided by laying down a separate - target of at least 3% for advanced biofuels for transport in directive 2009 / 28 / ec . in this context , only biofuels with low estimated indirect land use change impacts and high overall greenhouse gas savings should be supported as part of the post 2020 renewable energy policy framework .


### liquid renewable fuels are likely to be required by the transport sector in order to reduce its greenhouse gas emissions . advanced biofuels , such as those made from wastes and algae , provide high greenhouse gas savings with low risk of causing indirect land use change and do not compete directly for agricultural land for the food and feed markets . it is appropriate , therefore , to encourage greater production of such advanced biofuels as these are currently not commercially available in large quantities , in part due to competition for public subsidies with established food crop based biofuel technologies . further incentives should be provided by increasing the weighting of advanced biofuels towards 10% target for transport set in directive 2009 / 28 / ec compared to conventional biofuels . in this context , only advanced biofuels with low estimated indirect land use change impacts and high overall greenhouse gas savings should be supported as part of the post 2020 renewable energy policy framework . ### liquid renewable fuels are likely to be required by the transport sector in order to reduce its greenhouse gas emissions . advanced biofuels , such as those made from wastes , residues , algae , microorganisms and biodegradation by bacteria , provide high greenhouse gas savings with low risk of causing indirect land use change and do not compete directly for agricultural land for the food and feed markets . it is appropriate , therefore , to encourage greater production of such advanced biofuels as these are currently not commercially available in large quantities . further incentives should be provided by increasing the weighting of advanced biofuels towards 10% target for transport set in directive 2009 / 28 / ec compared to conventional biofuels . establishing progressively more ambitious mandatory targets for advanced biofuels in the transport sector will send a clear signal of support for them at union level . in this context , advanced biofuels with estimated low indirect land use change impacts and high overall greenhouse gas savings should be especially supported as part of the post 2020 renewable energy policy framework provided that this does not result in yet greater dependence of member states on foreign sources of energy carriers and raw materials . however , to avoid market distortions and frauds related to the production of advanced biofuels also the latter should comply with relevant sustainability criteria .


### in order to ensure the long - term competitiveness of bio - based industrial sectors , and in line with the 2012 communication ' innovating for sustainable growth : a bioeconomy for europe ' and the roadmap to a resource efficient europe , promoting integrated and diversified biorefineries across europe , enhanced incentives under directive 2009 / 28 / ec should be set in a way that gives preference to the use of biomass feedstocks that do not have a high economic value for other uses than biofuels . ### in order to ensure the long - term competitiveness of bio - based industrial sectors , and in line with the 2012 communication ' innovating for sustainable growth : a bioeconomy for europe’ and the roadmap to a resource efficient europe , promoting integrated and diversified biorefineries across europe , enhanced incentives under directive 2009 / 28 / ec should be set in a way that gives preference to the use of biomass feedstocks that do not have a high economic value for other uses than biofuels , that use waste materials for energy purposes only in accordance with the waste hierarchy set out in article 4 of directive 2008 / 98 / ec , that do not compete for the use of land and water and hence protect land and food rights and that do not reduce organic matter , thereby having adverse environmental repercussions on the local ecosystem .


### the commission shall , before 31 december 2017 , submit a report to the european parliament and to the council reviewing , on the basis of the best latest available scientific evidence , the effectiveness of the measures introduced by this directive in limiting indirect land - use change greenhouse gas emissions associated with the production of biofuel and bioliquids . the report shall , if appropriate , be accompanied by a legislative proposal based on the best available scientific evidence , for introducing estimated indirect land use change emissions factors into the appropriate sustainability criteria to be applied from 1st january 2021 and a review of the effectiveness of the incentives provided for biofuels from non - land using feedstocks and non - food crops under article 3d of directive 2009 / 28 / ec . ### the commission shall , before 31 december 2017 , submit a report to the european parliament and to the council reviewing , on the basis of the best latest available scientific evidence , the effectiveness of the measures introduced by this directive in limiting indirect land - use change greenhouse gas emissions associated with the production of biofuel and bioliquids . the report shall , if appropriate , be accompanied by a legislative proposal based on the best available scientific evidence , for establishing appropriate sustainability criteria for biofuels from non - land using feedstocks and non - food crops under article 3d of directive 2009 / 28 / ec .


### the commission should review the effectiveness of the measures introduced by this directive , based on the best and latest available scientific evidence , in limiting indirect land - use change greenhouse gas emissions and addressing ways to further minimise that impact , which could include the introduction of estimated indirect land - use change emission factors in the sustainability scheme as of 1st january 2021 . ### the commission should review the effectiveness of the measures introduced by this directive , based on the best and latest available scientific evidence , in limiting indirect land - use change greenhouse gas emissions and addressing ways to further minimise that impact , which should include the establishment of appropriate sustainability criteria for advanced biofuels .


### for the calculation of biofuels in the numerator , the share of energy from biofuels produced from cereal and other starch rich crops , sugars and oil crops shall be no more than 5% , the estimated share at the end of 2011 , of the final consumption of energy in transport in 2020 . ### for the calculation of biofuels in the numerator , the share of energy from biofuels produced from oil crops shall be no more than 4% , the estimated share at the end of 2011 , of the final consumption of energy in transport in 2020 .


### for the calculation of biofuels in the numerator , the share of energy from biofuels produced from cereal and other starch rich crops , sugars and oil crops shall be no more than 5% , the estimated share at the end of 2011 , of the final consumption of energy in transport in 2020 . ### for the calculation of biofuels in the numerator , the share of energy from biofuels produced from cereal and other starch rich crops , sugars , oil and other energy crops grown on land shall be no more than 4% , the estimated share at the end of 2011 , of the final consumption of energy in transport in 2020 .


### the 5% limit set up in article 3d does not affect the member states ' freedom to arrange their own trajectory as to compliance with this prescribed share of conventional biofuels within the overall 10% target . as a consequence , the access to the market of the biofuels produced by the installations in operation before the end of 2013 remains fully open . therefore this amending directive does not affect the legitimate expectations of the operators of such installations . ### the 6 . 5% limit set up in article 3d does not affect the member states ' freedom to arrange their own trajectory as to compliance with this prescribed share of conventional biofuels within the overall 10% target . as a consequence , the access to the market of the biofuels produced by the installations in operation before the end of 2013 remains fully open . therefore this amending directive does not affect the legitimate expectations of the operators of such installations and does not compromise any investments already made .


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


### to prepare for the transition towards advanced biofuels and minimise the overall indirect land use change impacts in the period to 2020 , it is appropriate to limit the amount of biofuels and bioliquids obtained from food crops as set out in part a of annex viii to directive 2009 / 28 / ec and part a of annex v to directive 98 / 70 / ec that can be counted towards targets set out in directive 2009 / 28 / ec . without restricting the overall use of such biofuels , the share of biofuels and bioliquids produced from cereal and other starch rich crops , sugar and oil crops that can be counted towards the targets of directive 2009 / 28 / ec should be limited to the share of such biofuels and bioliquids consumed in 2011 . ### to prepare for the transition towards advanced biofuels and minimise the overall indirect land use change impacts in the period to 2020 , it is appropriate to limit the amount of biofuels and bioliquids obtained from food crops as set out in part a of annex viii to directive 2009 / 28 / ec and part a of annex v to directive 98 / 70 / ec that can be counted towards targets set out in directive 2009 / 28 / ec and directive 98 / 70 / ec . without restricting the overall use of such biofuels , the share of biofuels and bioliquids produced from cereal and other starch rich crops , sugar and oil crops that can be counted towards the targets of directive 2009 / 28 / ec and directive 98 / 70 / ec should be limited to the share of such biofuels and bioliquids consumed in 2011 .


### where pasture or agricultural land previously destined for the food , feed and fibre markets is diverted to biofuel production , the non - fuel demand will still need to be satisfied either through intensification of current production or by bringing non - agricultural land into production elsewhere . the latter case represents indirect land - use change and when it involves the conversion of high carbon stock land it can lead to significant greenhouse gas emissions . directives 98 / 70 / ec and 2009 / 28 / ec should therefore include provisions to address indirect land use change given that current biofuels are mainly produced from crops grown on existing agricultural land . ### where pasture or agricultural land previously destined for the food , feed and fibre markets is diverted to biofuel production , the non - fuel demand will still need to be satisfied either through intensification of current production or by bringing non - agricultural land into production elsewhere . the latter case represents indirect land - use change and when it involves the conversion of high carbon stock land it can lead to significant greenhouse gas emissions . directives 98 / 70 / ec and 2009 / 28 / ec should therefore include provisions to address indirect land use change given that current biofuels are mainly produced from crops grown on existing agricultural land . if quantities of emissions are compared over a crop’s life cycle , oil crops have far higher emission quantities than sugar and starch crops . in order to achieve benefits to the environment as effectively as possible , the focus should be on limiting biofuels and specifically the one which has the most adverse environmental impact . it is therefore important first of all to take measures against oil crops .


### liquid renewable fuels are likely to be required by the transport sector in order to reduce its greenhouse gas emissions . advanced biofuels , such as those made from wastes and algae , provide high greenhouse gas savings with low risk of causing indirect land use change and do not compete directly for agricultural land for the food and feed markets . it is appropriate , therefore , to encourage greater production of such advanced biofuels as these are currently not commercially available in large quantities , in part due to competition for public subsidies with established food crop based biofuel technologies . further incentives should be provided by increasing the weighting of advanced biofuels towards 10% target for transport set in directive 2009 / 28 / ec compared to conventional biofuels . in this context , only advanced biofuels with low estimated indirect land use change impacts and high overall greenhouse gas savings should be supported as part of the post 2020 renewable energy policy framework . ### liquid renewable fuels are likely to be required by the transport sector in order to reduce its greenhouse gas emissions . advanced biofuels , such as those made from wastes and algae , provide high greenhouse gas savings with low risk of causing indirect land use change and do not compete directly for agricultural land for the food and feed markets . it is appropriate , therefore , to encourage greater production of such advanced biofuels as these are currently not commercially available in large quantities , in part due to competition for public subsidies with established food crop based biofuel technologies . further incentives should be provided by increasing the weighting of advanced biofuels towards 10% target for transport set in directive 2009 / 28 / ec compared to conventional biofuels . sustainability criteria are required for advanced biofuels in order to ensure that they do not result in biodiversity loss or ecosystem services loss and do not compete with food for land , water or other resources . in this context , the increased weighting should not be implemented for specific advanced biofuels until the adoption of sustainability criteria at union level .


### based on forecasts of biofuel demand provided by the member states and estimates of indirect land - use change emissions for different biofuel feedstocks it is likely that greenhouse gas emissions linked to indirect land use change are significant , and could negate some or all of the greenhouse gas savings of individual biofuels . this is because almost the entire biofuel production in 2020 is expected to come from crops grown on land that could be used to satisfy food and feed markets . in order to reduce such emissions , it is appropriate to distinguish between crop groups such as oil crops , cereals , sugars and other starch containing crops accordingly . ### based on forecasts of biofuel demand provided by the member states and estimates of indirect land - use change emissions for different biofuel feedstocks greenhouse gas emissions linked to indirect land use change are significant , and will negate some or all of the greenhouse gas savings of individual biofuels . this is because almost the entire biofuel production in 2020 is expected to come from crops grown on land that could be used to satisfy food and feed markets . furthermore , biofuel production from food crops contributes to food price volatility . in order to reduce such emissions and mitigate such negative effects on food security , it is appropriate to set up the 5% limit laid down in article 3d as well as take into account indirect land - use change emissions when calculating the greenhouse gas emission savings required under the sustainability criteria set out in directive 2009 / 28 / ec and directive 98 / 70 / ec .


### based on forecasts of biofuel demand provided by the member states and estimates of indirect land - use change emissions for different biofuel feedstocks it is likely that greenhouse gas emissions linked to indirect land use change are significant , and could negate some or all of the greenhouse gas savings of individual biofuels . this is because almost the entire biofuel production in 2020 is expected to come from crops grown on land that could be used to satisfy food and feed markets . in order to reduce such emissions , it is appropriate to distinguish between crop groups such as oil crops , cereals , sugars and other starch containing crops accordingly . ### based on forecasts of biofuel demand provided by the member states and estimates of indirect land - use change emissions for different biofuel feedstocks greenhouse gas emissions linked to indirect land use change are significant , and will negate some or all of the greenhouse gas savings of individual biofuels . this is because almost the entire biofuel production in 2020 is expected to come from crops grown on land that could be used to satisfy food and feed markets . furthermore , increased use of biofuels produced from food crops contributes to food price volatility and could have negative impacts on for global food security . this has had significant negative social impacts on livelihoods and the ability to realise human rights including the right to food or access to land for local communities living in poverty in countries outside the union . in order to reduce such emissions and such negative social impacts , it is appropriate to in particular focus on reducing the projected use of biofuels grown on land .


### where pasture or agricultural land previously destined for the food , feed and fibre markets is diverted to biofuel production , the non - fuel demand will still need to be satisfied either through intensification of current production or by bringing non - agricultural land into production elsewhere . the latter case represents indirect land - use change and when it involves the conversion of high carbon stock land it can lead to significant greenhouse gas emissions . directives 98 / 70 / ec and 2009 / 28 / ec should therefore include provisions to address indirect land use change given that current biofuels are mainly produced from crops grown on existing agricultural land . ### where pasture or agricultural land previously destined for the food , feed and fibre markets is diverted to biofuel production , the non - fuel demand will still need to be satisfied either through intensification of current production or by bringing non - agricultural land into production elsewhere . this can be achieved either through an increase in agricultural production or through increased agricultural productivity . the latter case represents indirect land - use change and when it involves the conversion of high carbon stock land it can lead to significant greenhouse gas emissions . directives 98 / 70 / ec and 2009 / 28 / ec should therefore include provisions to address indirect land use change given that current biofuels are mainly produced from crops grown on existing agricultural land .


### based on forecasts of biofuel demand provided by the member states and estimates of indirect land - use change emissions for different biofuel feedstocks it is likely that greenhouse gas emissions linked to indirect land use change are significant , and could negate some or all of the greenhouse gas savings of individual biofuels . this is because almost the entire biofuel production in 2020 is expected to come from crops grown on land that could be used to satisfy food and feed markets . in order to reduce such emissions , it is appropriate to distinguish between crop groups such as oil crops , cereals , sugars and other starch containing crops accordingly . ### based on the union ' s objectives to increase the overall share of energy from renewable sources to 20% by 2020 , and to 10 % in the transport sector , forecasts of biofuel demand provided by the member states , centralised at european level , and estimates of indirect land - use change emissions for different biofuel feedstocks it is likely that greenhouse gas emissions linked to indirect land use change are significant , and could negate some or all of the greenhouse gas savings of individual biofuels . this is because almost the entire biofuel production in 2020 is expected to come from crops grown on land that could be used to satisfy food and feed markets . such practices can have unfavourable impact on local communities especially in the developing countries . emission reduction strategies should accordingly take into account of the social impact . in order to reduce such emissions , it is appropriate to distinguish between crop groups such as oil crops , cereals , sugars and other starch containing crops accordingly .


### ‘ article 10a exercise of the delegation the power to adopt delegated acts is conferred on the commission subject to the conditions laid down in this article . 2 . the delegation of power referred to in article 7a , the second subparagraph of article 7b , articles 7d , 7d , 7d , 8a and 10 shall be conferred for an indeterminate period of time from the date of entry into force of this directive . 3 . the delegation of powers referred to in articles 7a , the second subparagraph of article 7b , articles 7d , 7d , 7d , 8a and 10 may be revoked at any time by the european parliament or by the council . a decision of revocation shall put an end to the delegation of the power specified in that decision . it shall take effect the day following the publication of the decision in the official journal of the european union or at a later date specified therein . it shall not affect the validity of any delegated acts already in force . 4 . as soon as it adopts a delegated act , the commission shall notify it simultaneously to the european parliament and to the council . 5 . a delegated act adopted pursuant to articles 7a , the second subparagraph of article 7b , articles 7d , 7d , 7d , 8a and 10 shall enter into force only if no objection has been expressed either by the european parliament or the council within a period of 2 months of notification of that act to the european parliament and the council or if , before the expiry of that period , the european parliament and the council have both informed the commission that they will not object . that period shall be extended by 2 months at the initiative of the european parliament or the council . ' ### ‘ article 10a exercise of the delegation the power to adopt delegated acts is conferred on the commission subject to the conditions laid down in this article . 2 . the delegation of power referred to in article 7a , the second subparagraph of article 7b , articles 7d , 7d , 7d , 7d , 8a and 10 shall be conferred for an indeterminate period of time from the date of entry into force of this directive . 3 . the delegation of powers referred to in articles 7a , the second subparagraph of article 7b , articles 7d , 7d , 7d , 7d , 8a and 10 may be revoked at any time by the european parliament or by the council . a decision of revocation shall put an end to the delegation of the power specified in that decision . it shall take effect the day following the publication of the decision in the official journal of the european union or at a later date specified therein . it shall not affect the validity of any delegated acts already in force . 4 . as soon as it adopts a delegated act , the commission shall notify it simultaneously to the european parliament and to the council . 5 . a delegated act adopted pursuant to articles 7a , the second subparagraph of article 7b , articles 7d , 7d , 7d , 7d , 8a and 10 shall enter into force only if no objection has been expressed either by the european parliament or the council within a period of 2 months of notification of that act to the european parliament and the council or if , before the expiry of that period , the european parliament and the council have both informed the commission that they will not object . that period shall be extended by 2 months at the initiative of the european parliament or the council . '


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


### liquid renewable fuels are likely to be required by the transport sector in order to reduce its greenhouse gas emissions . advanced biofuels , such as those made from wastes and algae , provide high greenhouse gas savings with low risk of causing indirect land use change and do not compete directly for agricultural land for the food and feed markets . it is appropriate , therefore , to encourage greater production of such advanced biofuels as these are currently not commercially available in large quantities , in part due to competition for public subsidies with established food crop based biofuel technologies . further incentives should be provided by increasing the weighting of advanced biofuels towards 10% target for transport set in directive 2009 / 28 / ec compared to conventional biofuels . in this context , only advanced biofuels with low estimated indirect land use change impacts and high overall greenhouse gas savings should be supported as part of the post 2020 renewable energy policy framework . ### liquid renewable fuels are likely to be required by the transport sector in order to reduce its greenhouse gas emissions . advanced biofuels , such as those made from wastes and algae , provide high greenhouse gas savings with no risk of causing indirect land use change and do not compete directly for agricultural land for the food and feed markets . it is appropriate , therefore , to encourage greater production of such advanced biofuels as these are currently not commercially available in large quantities , in part due to competition for public subsidies with established food crop based biofuel technologies . further incentives should be provided by increasing the weighting of advanced biofuels towards 10% target for transport set in directive 2009 / 28 / ec compared to conventional biofuels . in this context , only advanced biofuels which meet sustainability criteria , which do not compete with food for land , water or other resources and which have no estimated indirect land use change impacts and high overall greenhouse gas savings should be supported as part of the post 2020 renewable energy policy framework


### the delegation of power referred to in article 7a , the second subparagraph of article 7b , articles 7d , 7d , 7d , 8a and 10 shall be conferred for an indeterminate period of time from the date of entry into force of this directive . ### the delegation of power referred to in article 7a , the second subparagraph of article 7b , articles 7d , 7d , 7d , 7d , 8a and 10 shall be conferred for an indeterminate period of time from the date of entry into force of this directive .


### those exercises shall take place with regards to all priority pests concerned within a reasonable period of time . ### those exercises shall take place with regard to all priority pests concerned within a reasonable period of time and with the involvement of the stakeholders concerned .


### each member state shall draw up and keep up to date , for each priority pest which is capable of entering into and establishing in its territory , or a part thereof , a separate plan containing information concerning the decision making processes , procedures and protocols to be followed , and resources to be made available , in case of a confirmed or suspected presence of the pest concerned , hereinafter ' the contingency plan ' . ### each member state shall , after consultation with all the stakeholders concerned , draw up and keep up to date , for each priority pest which is capable of entering into and establishing in its territory , or a part thereof , a separate plan containing information concerning the decision making processes , procedures and protocols to be followed , and resources to be made available , in case of a confirmed or suspected presence of the pest concerned , hereinafter ' the contingency plan ' .


### efficient management of the external borders through checks and surveillance contributes to combat illegal immigration and trafficking in human beings and to reduce the threats to the internal security , public policy , public health and international relations of the member states . ### efficient management of the external borders through checks and surveillance contributes to combat irregular immigration and trafficking in human beings and to reduce the threats to the internal security , public policy , public health and international relations of the member states .