### the commission shall make financial corrections by cancelling all or part of the union contribution to a programme and effecting recovery from the member state in order to exclude from union financing expenditure which is in breach of applicable union and national law , including in relation to deficiencies in the management and control systems of member states which have been detected by the commission or the european court of auditors . ### the commission shall make financial corrections by cancelling all or part of the union contribution to a programme and effecting recovery from the member state in order to exclude from union financing expenditure which is in breach of applicable union and national law , including in relation to deficiencies in the management and control systems of member states which have been detected by the commission or the european court of auditors or which have been detected by the member state but which have not been subject to an adequate correction by the member state concerned .


### when deciding on the amount of a financial correction under paragraph 1 , the commission shall take account of the nature and gravity of the breach of applicable union or national law and its financial implications for the union budget . ### when deciding on the amount of a financial correction under paragraph 1 , the commission shall take account of the nature and gravity of the breach of applicable union or national law , including in relation to deficiencies in the management and control systems of member states , and its financial implications for the union budget .


### in deciding whether to request those documents , the commission shall take into account whether the management and control systems for the operational programme are similar to those in place for the previous programming period , whether the managing authority also carries out the functions of the certifying authority , and any evidence of their effective functioning . ### in deciding whether to request those documents , the commission shall apply a risk - based approach taking into account whether the management and control systems for the operational programme are similar to those in place for the previous programming period , whether the managing authority also carries out the functions of the certifying authority , and any evidence of their effective functioning .


### in deciding whether to request those documents , the commission shall take into account whether the management and control systems for the operational programme are similar to those in place for the previous programming period , whether the managing authority also carries out the functions of the certifying authority , and any evidence of their effective functioning . ### by applying a risk - based approach , the commission shall take into account whether the management and control systems for the operational programme are similar to those in place for the previous programming period , whether the managing authority also carries out the functions of the certifying authority , and any evidence of their effective functioning .


### all or part of the interim payments at the level of priority axes or operational programmes may be suspended by the commission where : ### all or part of the interim payments at the level of priority axes or operational programmes may be suspended by the commission if one or more of the following conditions are met :


### the contribution from the funds cancelled in accordance with paragraph 2 may be reused by the member state within the operational programme concerned , subject to paragraph 4 . ### provided that irregularities have been prevented , detected and corrected and subject to an adequate financial adjustment by the member state , the contribution from the funds cancelled in accordance with paragraph 2 may be reused by the member state within the operational programme concerned , subject to paragraph 4 .


### the commission shall make financial corrections by means of implementing acts by cancelling all or part of the union contribution to an operational programme in accordance with article 77 where , after carrying out the necessary examination , it concludes that : ### the commission shall make financial corrections by means of implementing acts by cancelling all or part of the union contribution to an operational programme in accordance with article 77 where , after carrying out the necessary examination , it concludes that one or more of the following conditions are met :


### in order to define the requirements for the provision of operational assistance by the agency , such as additional anti - pollution vessels , the agency shall set up on a regular basis a list of the public and , where available , private pollution response mechanisms and associated response capabilities in the various regions of the union . ### in order to define the requirements for the provision of operational assistance by the agency , such as additional anti - pollution vessels , the agency shall set up on a regular basis a list of the public and private pollution response mechanisms and associated response capabilities in the various regions of the union .


### on the basis of this report , the commission may , if appropriate , propose amendments to this regulation in particular in order to take account of scientific progress in the field of combating pollution caused by ships and marine pollution caused by oil and gas installations , especially pollution caused by oil or hazardous and noxious substances . ### on the basis of this report , the commission should , if appropriate , propose amendments to this regulation in particular in order to take account of scientific progress in the field of combating pollution caused by ships and marine pollution caused by oil and gas installations , especially pollution caused by oil or hazardous and noxious substances .


### having regard to the treaty on the functioning of the european union , and in particular article 53 , article 62 and article 114 thereof , ### having regard to the treaty on the functioning of the european union , and in particular article 14 , article 53 , article 62 and article 114 as well as protocol no 26 thereof ,


### this directive should not in any way affect the freedom of member states or public authorities to decide on the direct provision of works or services to the public or on the outsourcing of such provision to third parties . member states or public authorities should remain free to define the characteristics of the service to be provided , including any conditions regarding the quality or price of the services , in order to pursue their public policy objectives ### this directive must guarantee the freedom of member states or public authorities to decide on the direct provision of works or services to the public or on the outsourcing of such provision to third parties . member states or public authorities should remain free to define the characteristics of the service to be provided , including any conditions regarding the quality or price of the services , in order to pursue their public policy objectives


### given the importance of the cultural context and the sensitivity of these services , member states should be given wide discretion to organise the choice of the service providers in the way they consider most appropriate . the rules of this directive do not prevent member states to apply specific quality criteria for the choice of service providers , such as the criteria set out in the voluntary european quality framework for social services of the european union ' s social protection committee . member states and / or public authorities remain free to provide these services themselves or to organise social services in a way that does not entail the conclusion of concessions , for example through the mere financing of such services or by granting licences or authorisations to all economic operators meeting the conditions established beforehand by the contracting authority or contracting entity , without any limits or quotas , provided such system ensures sufficient advertising and complies with the principles of transparency and non - discrimination . ### given the importance of the cultural context and the sensitivity of these services , member states shall be given wide discretion to organise the choice of the service providers in the way they consider most appropriate . the rules of this directive do not prevent member states to apply specific quality criteria for the choice of service providers , such as the criteria set out in the voluntary european quality framework for social services of the european union ' s social protection committee . member states and / or public authorities remain free to provide these services themselves or to organise social services , such as all services of general economic interest , in a way that does not entail the conclusion of concessions , for example through the mere financing of such services or by granting licences or authorisations to all economic operators meeting the conditions established beforehand by the contracting authority or contracting entity , without any limits or quotas , provided such system ensures sufficient advertising and complies with the principles of transparency and non - discrimination .


### the choice and application of proportional , non - discriminatory and fair selection criteria to economic operators is crucial for their effective access to the economic opportunities related to concessions . in particular , the possibility for a candidate to rely on the capacities of other entities can be decisive to enable the participation of small and medium sized enterprises . therefore , it is appropriate to provide that the selection criteria should relate exclusively to the technical , financial and economic capacity of operators , should be announced in the concession notice and cannot preclude an economic operator from relying on the capacities of other entities , regardless of the legal nature of its links with those entities , if the latter proves to the contracting authority or entity that it will have at its disposal the necessary resources . ### the choice and application of proportional , non - discriminatory and fair selection criteria to economic operators is crucial for their effective access to the economic opportunities related to concessions . in particular , the possibility for a candidate to rely on the capacities of other entities can be decisive to enable the participation of small and medium sized enterprises . therefore , it is appropriate to provide that the selection criteria should relate to the technical , financial and economic capacity of operators , but also , as regards services of general economic interest , their compliance with environmental , social and cohesion - related provisions , as well as with the objectives of a high level of quality , safety and affordability , equal treatment and the promotion of universal access and of user rights , should be announced in the concession notice and cannot preclude an economic operator from relying on the capacities of other entities , regardless of the legal nature of its links with those entities , if the latter proves to the contracting authority or entity that it will have at its disposal the necessary resources .


### in technical specifications and in award criteria , contracting authorities and contracting entities should be allowed to refer to a specific production process , a specific mode of provision of services , or a specific process for any other stage of the life cycle of a product or service , provided that they are linked to the subject - matter of the concession . in order to better integrate social considerations in the award of concessions , procurers may also be allowed to include , in the award criteria , characteristics related to the working conditions . however , where the contracting authorities or contracting entities use the most economically advantageous tender , such criteria may only relate to the working conditions of the persons directly participating in the process of production or provision in question . those characteristics may only concern the protection of health of the staff involved in the production process or the favouring of social integration of disadvantaged persons or members of vulnerable groups amongst the persons assigned to performing the contract , including accessibility for persons with disabilities . in this case , any award criteria which include those characteristics should in any event remain limited to characteristics that have immediate consequences on staff members in their working environment . they should be applied in accordance with directive 96 / 71 / ec of the european parliament and of the council of 16 december 1996 concerning the posting of workers in the framework of the provision of services and in a way that does not discriminate directly or indirectly against economic operators from other member states or from third countries parties to the agreement or to free trade agreements to which the union is party . contracting authorities and contracting entities should , also where they use the criterion of the most economically advantageous tender , be allowed to use as an award criterion the organisation , qualification and experience of the staff assigned to performing the concession in question , as this may affect the quality of concession performance and , as a result , the economic value of the tender . ### in technical specifications and in award criteria , contracting authorities and contracting entities should be allowed to refer to a specific production process , a specific mode of provision of services , or a specific process for any other stage of the life cycle of a product or service , provided that they are linked to the subject - matter of the concession . in order to better integrate social considerations in the award of concessions , granting authorities may also be allowed to include , in the award criteria , characteristics related to the working conditions . however , where the contracting authorities or contracting entities use the most economically advantageous tender , such criteria may only relate to the working conditions of the persons directly participating in the process of production or provision in question . those characteristics may only concern the protection of health of the staff involved in the production process , and safeguarding their employment and working conditions and compliance with collective agreements for them , or the favouring of social integration of disadvantaged persons or members of vulnerable groups amongst the persons assigned to performing the contract , including accessibility for persons with disabilities . in this case , any award criteria which include those characteristics should in any event remain limited to characteristics that have immediate consequences on staff members in their working environment . they should be applied in accordance with directive 96 / 71 / ec of the european parliament and of the council of 16 december 1996 concerning the posting of workers in the framework of the provision of services and in a way that does not discriminate directly or indirectly against economic operators from other member states or from third countries parties to the agreement or to free trade agreements , based on compliance with ilo standards , to which the union is party . contracting authorities and contracting entities should , also where they use the criterion of the most economically advantageous tender , be allowed to use as an award criterion the organisation , qualification and experience of the staff assigned to performing the concession in question , as this may affect the quality of concession performance and , as a result , the economic value of the tender .


### this directive establishes rules on the procedures for procurement by contracting authorities and by contracting entities with respect to concessions whose value is estimated to be not less than the thresholds laid down in article 5 . ### this directive establishes rules on the procedures for the award of works or services concessions whose value is estimated to be not less than the thresholds laid down in article 5 .


### ' concessions ' means public works concessions , works concessions or services concessions . ### ' concessions ' means works concessions , services concessions or concessions for services of general economic interest .


### methods for calculating the estimated value of concessions ### thresholds and methods for calculating the estimated value of concessions


### the choice of the method used to calculate the estimated value of a concession shall not be made with the intention of excluding it from the scope of this directive . a works project or an entirety of services shall not be subdivided with the effect of preventing it from falling within the scope of this directive , unless justified by objective reasons . ### the estimation of the value of a concession shall not be made with the intention of excluding it from the scope of this directive .


### concessions shall be awarded on the basis of objective criteria which ensure compliance with the principles of transparency , non - discrimination and equal treatment and which ensure that tenders are assessed in conditions of effective competition permitting to identify an overall economic advantage for the contracting authority or the contracting entity . ### concessions shall be awarded on the basis of objective criteria which ensure compliance with the principles of transparency , non - discrimination and equal treatment and which ensure that tenders are assessed with a view to identifying an overall economic , environmental , social and cohesion - related advantage .


### contributions shall not be used to fund activities of third parties , in particular national political parties or political foundations at european or national level , whether in the form of grants , donations , loans or any other similar agreements . ### contributions shall not be used to grant directly or indirectly any personal advantage , in cash or in kind , to any individual member or staff of a european political party . contributions shall not be used to fund directly or indirectly activities of third parties , in particular national political parties or political foundations at european or national level , whether in the form of grants , donations , loans or any other similar agreements . contributions to the organisation of joint events shall not be considered as donations . contributions shall not be used to fund directly or indirectly national , regional or local elections , candidates or referendum campaigns , except for referendum campaigns relating to union legislation or the functioning of union institutions .


### european political parties receiving a contribution shall not receive other funds from the budget for the same purposes . in any case , no cost item may be financed twice by the budget . ### no cost item may be financed twice by the budget .


### applications for contribution shall be submitted in writing , including , where appropriate , in a secure electronic format . ### applications for contribution shall be submitted duly on time in writing , including , where appropriate , in a secure electronic format .


### the authorising officer may be assisted by a committee to evaluate and establish the award decision . the authorising officer shall specify the rules regarding the composition , appointment and functioning of such committee , and the rules to prevent any conflict of interests . ### only in the situations mentioned in article 204e and , the authorising officer shall be assisted by a committee to evaluate and establish the award decision . that committee shall follow the composition rules laid down in article 7 of regulation no [ . . . ] . it shall act in accordance with a transparent procedure and objective criteria laid down in that regulation . the authorising officer shall specify the rules regarding the composition , appointment and functioning of such committee , and the rules to prevent any conflict of interests .


### the authorising officer responsible shall inform applicants in writing of the decision on their application . if the contribution request is rejected or the amounts requested are not awarded in part or in full , the authorising officer shall give the reasons for either the rejection of the application or the non - award of the amounts requested , with reference in particular to the eligibility and award criteria referred to in paragraphs 1 and 2 . ### the authorising officer responsible shall inform applicants in writing of the decision on their application . if the contribution request is rejected or the amounts requested are not awarded in part or in full , the authorising officer shall give the reasons for either the rejection of the application or the non - award of the amounts requested , with reference in particular to the eligibility and award criteria referred to in paragraphs 1 and 2 . if the application is rejected , the authorising officer shall inform the applicant of all possible judicial and extrajudicial remedies available .


### contributions shall be spent in accordance with article 204b . ### contributions shall be spent in accordance with article 204b and the principles set by regulation no [ . . . ] .


### where the european political party is no longer registered in the registry referred to in article 6 of regulation no [ … . ] or has been the subject of any of the penalties provided for in article 22 of that regulation , the authorising officer responsible may suspend , reduce or terminate the contribution and recover amounts unduly paid under the contribution agreement or decision , in proportion to the seriousness of the errors , irregularities , fraud or other breach of obligations related to the use of contribution , after the political party has been given the opportunity to present its observations . ### where the european political party is no longer registered in the registry referred to in article 6 of regulation no [ … . ] or has been the subject of any of the penalties provided for in article 22 of that regulation , the authorising officer responsible may , in accordance with the procedures laid down in article 7 of regulation no [ . . . ] , suspend , reduce or terminate the contribution and recover amounts unduly paid under the contribution agreement or decision , in proportion to the seriousness of the errors , irregularities , fraud or other breach of obligations related to the use of contribution , after the political party has been given the opportunity to present its observations .


### administrative and financial penalties which are effective , proportionate and dissuasive may be imposed on applicants by the authorising officer , in accordance with article 109 of this regulation , without prejudice to article 22 of regulation no [ … . ] . ### administrative and financial penalties , which are effective , proportionate , appropriate and dissuasive and take into account the gravity , the duration and the time that has elapsed as well as the intention or degree of negligence , may be imposed on applicants by the authorising officer , in accordance with article 109 of this regulation , without prejudice to article 22 of regulation no [ … . ] . as a penalty , the authorising officer may also withdraw the funding partly or totally .


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


### consequently , it is necessary to provide a framework for the recruitment of high calibre staff in terms of productivity and integrity , drawn on the widest possible geographical basis from among citizens of the member states , and to enable such staff to carry out their duties as effectively and efficiently as possible . ### consequently , it is necessary to provide a framework for the recruitment of staff with the highest level of skills and competences , drawn on the widest possible geographical basis from among citizens of the member states , and to enable such staff to carry out their duties as effectively and efficiently as possible .


### the potential advantages for officials and other servants of the european union of the application of the method should be balanced by the continuation of the system of special levy , to be renamed as ' solidarity levy ' . while the rate of the special levy in force during the period from 2004 to 2012 increased gradually over time and averaged at 4 . 23 % , it seems appropriate in the present circumstances to increase the solidarity levy at the uniform rate of 6% , so as to take account of a difficult economic context and its ramifications for public finances throughout the european union . such a solidarity levy should apply to all officials and other servants of the european union for the same period as the ' method ' itself . ### the potential advantages for officials and other servants of the european union of the application of the method should be balanced by the continuation of the system of special levy , to be renamed as ‘ solidarity levy’ . while the rate of the special levy in force during the period from 2004 to 2012 increased gradually over time and averaged at 4 . 23 % , it seems appropriate in the present circumstances to increase the solidarity levy at the uniform rate of 6% , so as to help to finance the union’s growth and employment policies from the union ' s budget and to take account of a difficult economic context and its ramifications for public finances throughout the european union , such a solidarity levy should apply to all officials and other servants of the european union for the same period as the ‘ method’ itself .


### taking this request into account , it is appropriate that promotion to a higher grade should be made conditional on performing duties whose importance justifies the official ' s appointment to that higher grade . ### taking this request into account , it is appropriate that promotion to a higher grade should be made conditional on personal dedication , improving skills , and competences , and also on performing duties whose importance justifies the official ' s appointment to that higher grade .


### recruitment shall be directed to securing for the institution the services of officials of the highest standard of ability , efficiency and integrity , recruited on the broadest possible geographical basis from among nationals of member states of the european union . no posts shall be reserved for nationals of any specific member state . the principle of the equality of union’s citizens shall allow each institution to adopt corrective measures following the observation of a long lasting and significant imbalance between nationalities among officials which is not justified by objective criteria . these corrective measures shall never result in recruitment criteria other than those based on merit . before such corrective measures are adopted , the appointing authority of the institution concerned shall adopt general provisions for giving effect to this paragraph in accordance with article 110 . ### recruitment shall be directed to securing for the institution the services of officials of the highest standard of skills , competences , ability , efficiency and integrity , recruited on the broadest possible geographical basis from among nationals of member states of the european union so as to ensure their proportionate representation in all grades of all function groups . no posts shall be reserved for nationals of any specific member state . the principle of the equality of union ' s citizens binds each institution to adopt corrective measures following the observation of a long lasting and significant imbalance between nationalities among officials which is not justified by objective criteria . these corrective measures shall never result in recruitment criteria other than those based on merit . before such corrective measures are adopted , the appointing authority of the institution concerned shall adopt general provisions for giving effect to this paragraph in accordance with article 110 .


### identification documents accompanying pet animals of the species listed in part a of annex i which are moved for non - commercial purposes into member states are necessary to attest compliance with the conditions of this regulation . the regulation should therefore establish the conditions for issuing the identification documents and the requirements for their content , validity and format . ### identification documents accompanying pet animals of the species listed in part a of annex i which are moved for non - commercial purposes into member states are necessary to attest compliance with the conditions of this regulation . the regulation should therefore establish the conditions for issuing the identification documents and the requirements for their content , validity , safety features and format , as well as for their registration on an authorised database .


### are accompanied by a duly completed identification document issued in accordance with article 20 . ### are accompanied by a duly completed identification document issued in accordance with article 20 and the unique identification document number is registered on an authorised database , which is accessible across member states from a central point of access .


### from a third country or territory listed in the implementing acts adopted pursuant to article 13 after transit through third countries or territories other than those listed in the implementing acts adopted pursuant to article 13 , provided that the owner or a natural person acting on behalf of and in agreement with the owner provides proof that during such transit , the pet animals have had no contact with species susceptible to rabies and remain secured within a means of transport or within the perimeter of an international airport . ### from a third country or territory listed in the implementing acts adopted pursuant to article 13 after transit through third countries or territories other than those listed in the implementing acts adopted pursuant to article 13 , provided that transport was by ship , rail or air and the owner or authorised person provides proof by means of a written declaration that during such transit the pet animals have had no contact with species susceptible to rabies and remain secured within a means of transport or within the perimeter of an international airport .


### the name and address of the owner or the natural person acting on behalf of and in agreement with the owner ; ### the name and address of the owner or the natural person acting on behalf of and in agreement with the owner , and , if applicable , information about previous owners ;


### electronic communications , infrastructure and services are an essential factor in economic and societal development . they play a vital role for society and have become ubiquitous utilities in the same way that electricity or water supplies are . their disruption has the potential to cause considerable economic damage , underlining the importance of measures to increase protection and resilience aimed at ensuring continuity of critical services . the security of electronic communications , infrastructure and services , in particular their integrity and availability , faces continuously expanding challenges . this is of increasing concern to society not least because of the possibility of problems due to system complexity , accidents , mistakes and attacks that may have consequences for the physical infrastructure which delivers services critical to the well - being of european citizens . ### electronic communications , infrastructure and services are an essential factor in economic and societal development . they play a vital role for society and have become ubiquitous utilities in the same way that electricity or water supplies are . their disruption has the potential to cause considerable economic and social damage , underlining the importance of measures to increase protection and resilience aimed at ensuring continuity of critical services . the security of electronic communications , infrastructure and services , in particular their integrity and availability , faces continuously expanding challenges . this is of increasing concern to society not least because of the possibility of problems due to system complexity , accidents , mistakes and attacks that may have consequences for the physical infrastructure which delivers services critical to the well - being of european citizens .


### the representatives of the member states , meeting in the european council on 13 december 2003 , decided that the european network and information security agency , that was to be established on the basis of the proposal submitted by the commission , would have its seat in a town in greece to be determined by the greek government . ### the representatives of the member states , meeting in the european council on 13 december 2003 , decided that the european network and information security agency , that was to be established on the basis of the proposal submitted by the commission , would have its seat in a town in greece to be determined by the greek government . the seat of the agency is in heraklion , crete .


### the agency should carry out the tasks conferred on it by present union legislation in the field of electronic communications and , in general , contribute to an enhanced level of security of electronic communications by , among other things , providing expertise and advice , and promoting the exchange of good practices . ### the agency should carry out the tasks conferred on it by present union legislation in the field of electronic communications and , in general , contribute to an enhanced level of security of electronic communications as well as privacy and personal data protection by , among other things , providing expertise and advice , and promoting the exchange of good practices .


### the agency should contribute to a high level of network and information security within the union and to the development of a culture of network and information security for the benefit of citizens , consumers , businesses and public sector organisations in the european union , thus contributing to the smooth functioning of the internal market . ### the agency should contribute to a high level of network and information security within the union , to better protection of privacy and personal data , and to the development of a culture of network and information security for the benefit of citizens , consumers , businesses and public sector organisations in the european union , thus contributing to the smooth functioning of the internal market .


### a set of tasks should indicate how the agency is to accomplish its objectives while allowing flexibility in its operations . the tasks carried out by the agency should include the collection of appropriate information and data needed to carry out analyses of the risks to the security and resilience of electronic communications , infrastructure and services and to assess , in cooperation with member states , the state of network and information security in europe . the agency should ensure coordination with member states and enhance cooperation between stakeholders in europe , in particular by involving in its activities competent national bodies and private sector experts in the area of network and information security . the agency should provide assistance to the commission and the member states in their dialogue with industry to address security - related problems in hardware and software products , thereby contributing to a collaborative approach to network and information security . ### a set of tasks should indicate how the agency is to accomplish its objectives while allowing flexibility in its operations . the tasks carried out by the agency should include the collection of appropriate information and data needed to carry out analyses of the risks to the security and resilience of electronic communications , infrastructure and services and to assess , in cooperation with member states , the state of network and information security in europe . the agency should ensure coordination with member states and enhance cooperation between stakeholders in europe , in particular by involving in its activities competent national bodies and private sector experts in the area of network and information security . the agency should provide assistance to the european institutions and the member states in their dialogue with industry to address security - related problems in hardware and software products , thereby contributing to a collaborative approach to network and information security .


### the agency should facilitate cooperation among the member states’ competent public bodies , in particular supporting the development and exchange of good practices and standards for education programmes and awareness - raising schemes . increased information exchange between member states will facilitate such action . the agency should also support cooperation between public and private stakeholders at the union level , partly by promoting information sharing , awareness - raising campaigns and education and training programmes . ### the agency should facilitate cooperation among the member states’ competent independent regulatory authorities , in particular supporting the development and exchange of good practices and standards for education programmes and awareness - raising schemes . increased information exchange between member states will facilitate such action . the agency should also support cooperation between public and private stakeholders at the union level , partly by promoting information sharing , awareness - raising campaigns and education and training programmes .


### the exercise of the agency ' s tasks should not interfere with the competencies nor pre - empt , impede or overlap with the relevant powers and tasks of : the national regulatory authorities as set out in the directives relating to the electronic communications networks and services , as well as on the body of european regulators for electronic communications established by regulation 1211 / 2009 of the european parliament and the council and the communications committee referred to in directive 2002 / 21 / ec , the european standardisation bodies , the national standardisation bodies and the standing committee as set out in directive 98 / 34 / ec of the european parliament and of the council of 22 june 1998 laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on information society services and the supervisory authorities of the member states relating to the protection of individuals with the regard to the processing of personal data and on the free movement of such data . ### the exercise of the agency ' s tasks should not interfere with the competencies nor pre - empt , impede or overlap with the relevant powers and tasks of : the national regulatory authorities as set out in the directives relating to the electronic communications networks and services , as well as on the body of european regulators for electronic communications established by regulation 1211 / 2009 of the european parliament and the council and the communications committee referred to in directive 2002 / 21 / ec , the european standardisation bodies , the national standardisation bodies and the standing committee as set out in directive 98 / 34 / ec of the european parliament and of the council of 22 june 1998 laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on information society services and the independent supervisory authorities of the member states relating to the protection of individuals with the regard to the processing of personal data and on the free movement of such data .


### the agency shall assist the commission and the member states to meet the legal and regulatory requirements of network and information security in present and future union legislation , thus contributing to the smooth functioning of the internal market . ### the agency shall assist the commission , the council , the european parliament and the member states to meet the legal and regulatory requirements of network and information security , as well as privacy and personal data protection , in present and future union legislation , thus contributing to the smooth functioning of the internal market .


### assist the commission , at its request or on its own initiative , on network and information security policy development by providing it with advice and opinions and with technical and socio - economic analyses , and with preparatory work for developing and updating union legislation in the field of network and information security ; ### assist the commission , at its request or on its own initiative , on network and information security policy development by providing it with advice and opinions and with technical and socio - economic analyses , and with preparatory work for developing and updating union legislation in the field of network and information security , as well as privacy and personal data protection , with particular reference to the online aspects ;


### the management board shall inform the european parliament about its intention to extend the executive director ' s term of office . within a month before the extension of his / her term of office , the executive director may be invited to make a statement before the competent committee of the parliament and answer questions put by its members . ### the management board shall inform the european parliament about its intention to extend the executive director ' s term of office . within a month before the extension of his / her term of office , the executive director shall be invited to make a statement before the competent committee of the parliament and answer questions put by its members .


### the joint implementation of empir requires an implementation structure . the participating states have agreed on the implementation structure for emrp and set up in 2007 euramet e . v . , the european regional metrology organisation and a non - profit association under german law . euramet also has tasks and obligations related to the wider european and global harmonisation of metrology . membership of euramet is open to all european national metrology institutes , as members , and to designated institutes , as associates . membership in euramet is not conditional upon existence of national metrology research programmes . given that , according to the report on interim evaluation of emrp , the governance structure of euramet has proved to be efficient and of high quality for the implementation of the emrp , euramet should also be used for the implementation of empir . euramet should be the recipient of the union’s financial contribution . ### the joint implementation of empir requires an implementation structure . the participating states have agreed on the implementation structure for emrp and set up in 2007 euramet e . v . , the european regional metrology organisation and a non - profit association under german law . euramet also has tasks and obligations related to the wider european and global harmonisation of metrology . membership of euramet is open to all european national metrology institutes , as members , and to designated institutes , as associates . membership in euramet is not conditional upon existence of national metrology research programmes . given that , according to the report on interim evaluation of emrp , the governance structure of euramet has proved to be efficient and of high quality for the implementation of the emrp , euramet should also be used for the implementation of empir . euramet should be the recipient of the union’s financial contribution . in staffing euramet attention must be paid to gender equality under article 15 of the ' horizon 2020 ' famework programme .


### the maximum union ' s financial contribution , including efta appropriations , to empir shall be eur 300 million . the contribution shall be paid from appropriations in the general budget of the union allocated to the relevant parts of the specific programme , implementing horizon 2020 framework programme , established by decision &#8230 ; / 2013 / eu , in accordance with article 58 and articles 60 and 61 of regulation no 966 / 2012 . ### the maximum union ' s financial contribution , including efta appropriations , to empir shall be eur 262 . 5 million . the contribution shall be paid from appropriations in the general budget of the union allocated to the relevant parts of the specific programme , implementing horizon 2020 framework programme , established by decision &#8230 ; / 2013 / eu , in accordance with article 58 and articles 60 and 61 of regulation no 966 / 2012 .


### by 31 december 2017 the commission shall conduct an interim evaluation of empir . the commission shall prepare a report on that evaluation which includes conclusions of the evaluation and observations by the commission . the commission shall send that report to the european parliament and to the council by 30 june 2018 . ### by 30 june 2017 the commission shall conduct an interim evaluation of empir . the commission shall prepare a report on that evaluation which includes conclusions of the evaluation and observations by the commission . the commission shall send that report to the european parliament and to the council by 31 december 2017 .


### the creation of unitary patent protection should be achieved by giving unitary effect to european patents in the post - grant phase by virtue of this regulation and in respect of the participating member states . the main feature of european patents with unitary effect should be their unitary character , i . e . providing uniform protection and having equal effect in all participating member states . consequently , a european patent with unitary effect should only be limited , licensed , transferred , revoked or lapse in respect of all the participating member states . to ensure the uniform substantive scope of protection conferred by unitary patent protection , only european patents that have been granted for all the participating member states with the same set of claims should benefit from unitary effect . however , to ensure legal certainty in the event of a limitation or revocation on the ground of lack of novelty pursuant to article 54 epc , the limitation or revocation of a european patent with unitary effect should take effect only in respect of the participating member state designated in the earlier european patent application as published . finally , the unitary effect attributed to a european patent should have an accessory nature and should cease to exist or be limited to the extent that the basic european patent has been revoked or limited . ### the creation of unitary patent protection should be achieved by giving unitary effect to european patents in the post - grant phase by virtue of this regulation and in respect of all the participating member states . the main feature of european patents with unitary effect should be their unitary character , i . e . providing uniform protection and having equal effect in all participating member states . consequently , a european patent with unitary effect should only be granted , limited , transferred or revoked , or lapse or become subject to law enforcement , in respect of all the participating member states . it should be possible for a european patent with unitary effect to be licensed in respect of the whole or part of the territories of the participating member states . to ensure the uniform substantive scope of protection conferred by unitary patent protection , only european patents that have been granted for all the participating member states with the same set of claims should benefit from unitary effect . finally , the unitary effect attributed to a european patent should have an accessory nature and should cease to exist or be limited to the extent that the basic european patent has been revoked or limited .


### renewal fees should be paid to the european patent organisation . 50 percent thereof minus expenses incurred by the european patent office in carrying out tasks in relation to the unitary patent protection shall be distributed among the participating member states , which should be used for patent - related purposes . the share of distribution should be set on the basis of fair , equitable and relevant criteria namely the level of patent activity and the size of the market . the distribution should provide compensation for having an official language other than one of the official languages of the european patent office , having a disproportionately low level of patenting activity and having acquired membership of the european patent organisation relatively recently . ### renewal fees should be paid to the european patent organisation . the european patent office shall retain an amount to cover the expenses generated at the european patent office in carrying out tasks in relation to the unitary patent protection in accordance with article 146 epc . the remaining amount shall be distributed among the participating member states , which should be used for patent - related purposes . the share of distribution should be set on the basis of fair , equitable and relevant criteria namely the level of patent activity and the size of the market and should guarantee a minimum amount to be redistributed to each participating member state in order to maintain a balanced and sustainable functioning of the system . the distribution should provide compensation for having an official language other than one of the official languages of the european patent office , having a disproportionately low level of patenting activity established on the basis of the european innovation scoreboard and having acquired membership of the european patent organisation relatively recently .


### ' european patent with unitary effect ' means a european patent which benefits from unitary effect in the territories of the participating member states by virtue of this regulation ; ### ' european patent with unitary effect ' means a european patent which benefits from unitary effect in the territories of all the participating member states by virtue of this regulation ;


### without prejudice to article 5 , a european patent with unitary effect may only be limited , licensed , transferred , revoked or lapse in respect of all the participating member states . ### european patents with unitary effect may only be granted , limited , transferred or revoked , or lapse or become subject to law enforcement , in respect of all the participating member states . a european patent with unitary effect may be licensed in respect of the whole or part of the territories of the participating member states .


### the participating member states shall take the necessary measures to ensure that , where the unitary effect of a european patent has been registered , the european patent is deemed not to have taken effect as a national patent in their territory on the date of the publication of the mention of the grant in the european patent bulletin . ### the participating member states shall take the necessary measures to ensure that , where the unitary effect of a european patent has been registered and extends to their territory , the european patent is deemed not to have taken effect as a national patent in their territory on the date of the publication of the mention of the grant in the european patent bulletin .


### using a process which is the subject matter of the patent or , where the third party knows , or should have known , that the use of the process is prohibited without the consent of the proprietor of the patent , from offering the process for use within the participating member states ; ### using a process which is the subject matter of the patent or , where the third party knows , or should have known , that the use of the process is prohibited without the consent of the proprietor of the patent , from offering the process for use within the territory of the participating member states in which that patent has unitary effect ;


### the european patent with unitary effect shall confer on its proprietor the right to prevent any third party from supplying or offering to supply within the participating member states any person without the proprietor ' s consent , other than a party entitled to exploit the patented invention , with means , relating to an essential element of that invention , for putting it into effect therein , when the third party knows , or should have known , that those means are suitable and intended for putting that invention into effect . ### the european patent with unitary effect shall confer on its proprietor the right to prevent any third party not having the proprietor ' s consent from supplying or offering to supply , within the participating member states in which that patent has unitary effect , any person other than a party entitled to exploit the patented invention , with means , relating to an essential element of that invention , for putting it into effect therein , when the third party knows , or should have known , that those means are suitable and intended for putting that invention into effect .


### the european patent with unitary effect shall confer on its proprietor the right to prevent any third party from supplying or offering to supply within the participating member states any person without the proprietor ' s consent , other than a party entitled to exploit the patented invention , with means , relating to an essential element of that invention , for putting it into effect therein , when the third party knows , or should have known , that those means are suitable and intended for putting that invention into effect . ### the european patent with unitary effect shall confer on its proprietor the right to prevent any third party not having the proprietor ' s consent from supplying or offering to supply , within the participating member states , any person other than the one entitled to exploit the patented invention , with means , relating to an essential element of that invention , for putting it into effect therein , when the third party knows , or should have known , that those means are suitable and intended for putting that invention into effect .


### the use on board vessels of countries other than participating member states of the patented invention , in the body of the vessel , in the machinery , tackle , gear and other accessories , when such vessels temporarily or accidentally enter the waters of participating member states , provided that the invention is used there exclusively for the needs of the vessel ; ### the use on board vessels of countries other than participating member states in which that patent has unitary effect of the patented invention , in the body of the vessel , in the machinery , tackle , gear and other accessories , when such vessels temporarily or accidentally enter the waters of participating member states in which that patent has unitary effect , provided that the invention is used there exclusively for the needs of the vessel ;


### the use of the patented invention in the construction or operation of aircraft or land vehicles or other means of transport of states other than participating member states , or of accessories to such aircraft or land vehicles , when these temporarily or accidentally enter participating member states ; ### the use of the patented invention in the construction or operation of aircraft or land vehicles or other means of transport of states other than participating member states in which that patent has unitary effect , or of accessories to such aircraft or land vehicles , when these temporarily or accidentally enter the territory of the participating member states in which that patent has unitary effect ;


### the acts specified in article 27 of the convention on international civil aviation of 7 december 1944 , where these acts concern the aircraft of a country other than a participating member state ; ### the acts specified in article 27 of the convention on international civil aviation of 7 december 1944 , where these acts concern the aircraft of a country other than a participating member state in which that patent has unitary effect ;


### acts as covered by the farmers privilege pursuant to article 14 of regulation no . 2100 / 94 which applies mutatis mutandis ; ### the use by a farmer of the product of his crop for propagation or multiplication on his own holding , provided that the reproductive vegetable material was sold or otherwise commercialised by the patent proprietor or with his consent to the farmer for agricultural purposes . the scope and the detailed methods of such use are laid down in article 14 of regulation no 2100 / 94 ;


### the acts and the use of the obtained information as allowed under articles 5 and 6 of council directive 91 / 250 / eec1 , in particular , by its provisions on decompilation and interoperability ; and ____________________ 1 council directive 91 / 250 / eec of 14 may 1991 on the legal protection of computer programs . ### the acts and the use of the obtained information as allowed under articles 5 and 6 of directive 2009 / 24 / ec1 , in particular , by its provisions on decompilation and interoperability ; and ____________________ 1 directive 2009 / 24 / ec of the european parliament and of the council of 23 april 2009 on the legal protection of computer programs .


### a european patent with unitary effect as an object of property shall be treated in its entirety and in all the participating member states as a national patent of the participating member state in which , according to the european patent register : ### a european patent with unitary effect as an object of property shall be treated in its entirety and in all the participating member states as a national patent of the participating member state in which that patent has unitary effect in which , according to the european patent register :


### where no proprietor has his / her residence or a place of business in a participating member state for the purposes of paragraphs 1 or 2 , the european patent with unitary effect as an object of property shall be dealt with in its entirety and in all the participating member states as a national patent of the state where the european patent organisation has its headquarters in accordance with article 6 of the epc . ### where no proprietor has his / her residence , principal place of business or place of business in a participating member state in which that patent has unitary effect for the purposes of paragraphs 1 or 2 , the european patent with unitary effect as an object of property shall be dealt with in its entirety and in all the participating member states as a national patent of the state where the european patent organisation has its headquarters in accordance with article 6 of the epc .


### the inclusion and administration of a register for unitary patent protection registering unitary effect as well as any limitation , license , transfer , revocation or lapse of a european patent with unitary effect , within the european patent register ; ### the inclusion within the european patent register , and the administration , of the register for unitary patent protection ;


### the participating member states shall ensure effective legal protection before a national court against the decisions of the european patent office in carrying out the tasks referred to in paragraph 1 . ### the participating member states shall ensure effective legal protection before a competent court of one or several participating member states against the decisions of the european patent office in carrying out the tasks referred to in paragraph 1 .


### the level of the renewal fees shall be fixed with the aim of ### the level of the renewal fees , shall be fixed , taking into account , among others , the situation of specific entities such as small and medium - sized enterprises , with the aim of


### being similar to the level of the national renewal fees for an average european patent taking effect in the participating member states at the time where the level of the renewal fees is first fixed by the commission . ### being similar to the level of the national renewal fees for an average european patent taking effect in the participating member states at the time where the level of the renewal fees is first fixed .


### in order to reach these objectives set out in this chapter , the commission shall set the level of renewal fees at a level that ### in order to reach these objectives set out in this chapter , the level of renewal fees shall be set at a level that :


### in order to reach these objectives set out in this chapter , the commission shall set the level of renewal fees at a level that ### in order to reach the objectives set out in this chapter , the select committee shall , taking due account of the position of the commission , set the level of renewal fees at a level that :


### the part of the collected renewal fees to be distributed to the participating member states referred to in article 12 shall be 50 percent of the renewal fees referred to in article 14 paid for european patents with unitary effect minus the costs associated with the administration of the unitary patent protection referred to in article 12 . ### the european patent office shall retain 50 percent of the renewal fees referred to in article&#160 ; 14 paid for european patents with unitary effect . the remaining amount shall be distributed to the participating member states in accordance with the share of distribution of the renewal fees set in accordance with article 12 .


### in order to reach these objectives set out in this chapter , the commission shall set the share of distribution of renewal fees referred to in paragraph 1 among the participating member states on the basis of the following fair , equitable and relevant criteria : ### in order to reach the objectives set out in this chapter , the share of distribution of renewal fees among the participating member states shall be based on the following fair , equitable and relevant criteria :


### provision of compensation to member states for having an official language other than one of the official languages of the european patent office , having a disproportionately low level of patenting activity and having acquired membership of the european patent organisation relatively recently . ### provision of compensation to member states for having an official language other than one of the official languages of the european patent office and / or having a disproportionately low level of patenting activity and / or having acquired membership of the european patent organisation relatively recently .


### not later than six years from the date on which the first european patent with unitary effect takes effect in the territories of the participating member states , the commission shall present to the council a report on the operation of this regulation and , where necessary , make appropriate proposals for amending it . subsequent reports on the operation of this regulation shall be presented by the commission every six years . ### not later than three years from the date on which the first european patent with unitary effect takes effect in the territories of the participating member states , the commission shall present to the european parliament and the council a report on the operation of this regulation and , where necessary , make appropriate proposals for amending it . subsequent reports on the operation of this regulation shall be presented by the commission every five years .


### the commission shall submit reports regularly on the functioning of the renewal fees referred to in article 14 with particular emphasis on the continued compliance with the principles set out in article 15 . ### the commission shall regularly submit to the european parliament and the council reports on the functioning of the renewal fees referred to in article 14 with particular emphasis on the continued compliance with the principles set out in article 15 .


### the participating member states shall notify the commission of the measures adopted in accordance with articles 4 and 12 by the date set in article 22 . ### the participating member states shall notify the commission of the measures adopted in accordance with article 12 by the date set in article 22 . 1a . each participating member state shall notify the commission of the measures adopted in accordance with article 4by the date of application of this regulation or , in the case of a participating member state in which the unified patent court does not have exclusive jurisdiction with regard to european patents with unitary effect on the date of application of this regulation , the date from which the unified patent court has such exclusive jurisdiction in that participating member state .


### it shall apply from [ a specific date will be set and it will coincide with the date of application of council regulation … / … on the implementation of enhanced cooperation in the area of the creation of unitary patent protection with regard to the applicable translation arrangements ] . ### it shall apply from 1 january 2014 or the date of entry into force of the agreement on a unified patent court , whichever is the later . by way of derogation from articles 3 - and 4 , a european patent for which unitary effect is registered in the register for unitary patent protection referred to in article 2 shall have unitary effect only in those participating member states in which the unified patent court has exclusive jurisdiction with regard to european patents with unitary effect at the date of registration . 2a . each participating member state shall notify the commission of its ratification of the agreement at the time of deposit of its ratification instrument . the commission shall publish the date of entry into force of the agreement and a list of the member states who have ratified the agreement at the date of entry into force in the official journal of the european union . the commission shall thereafter regularly update the list of the participating member states which have ratified the agreement and publish it in the official journal .


### the lawyer shall have the right to be present at any other investigative or evidence - gathering act at which the suspect or accused person’s presence is required or permitted as a right , in accordance with national law , unless this would prejudice the acquisition of evidence . ### the lawyer shall have the right to be present at any other investigative or evidence - gathering act at which the suspect or accused person’s presence is required or permitted as a right , in accordance with national law , except where the person responsible for the act reasonably believes that the evidence to be gathered will be altered , removed , destroyed as a result of the passage of time needed for the the lawyer to arrive .


### where the person is a child , member states shall ensure that the child’s legal representative or another adult , depending on the interest of the child , is informed as soon as possible of the deprivation of liberty and the reasons pertaining thereto , unless it would be contrary to the best interests of the child , in which case another appropriate adult shall be informed . ### where the person is a child or a vulnerable person , member states shall ensure that the child’s legal representative or another adult , depending on the interest of the child or the vulnerable person , is informed as soon as possible of the deprivation of liberty and the reasons pertaining thereto , unless it would be contrary to the best interests of the child or the vulnerable person , in which case another appropriate adult or legal representative shall be informed .


### member states shall ensure that persons to whom article 2 refers , who are deprived of their liberty and who are non - nationals have the right to have consular or diplomatic authorities of their state of nationality informed of the detention as soon as possible and to communicate with the consular or diplomatic authorities . ### member states shall ensure that persons to whom article 2 refers , who are deprived of their liberty and who are non - nationals have the right to have consular or diplomatic authorities of their state of nationality informed promptly upon their arrest or detention of the detention / arrest and to communicate with the consular or diplomatic authorities . such authorities have the right to visit such persons and to arrange for their legal representation , and to observe court proceedings in relation to the person .


### shall be limited in time as much as possible and in any event not extend to the trial stage ; ### must be strictly limited in time as much and in any event not extend to the trial stage ;


### motion for a resolution ### recalls its resolution of 8 june 2011 on investing in the future : a new multiannual financial framework for a competitive , sustainable and inclusive europe1 ; reiterates that sufficient additional resources are needed in the next mff in order to enable the union to fulfil its existing policy priorities and the new tasks provided for in the treaty of lisbon , as well as to respond to unforeseen events ; points out that even with an increase in the level of resources for the next mff of at least 5 % compared to the 2013 level only a limited contribution can be made to the achievement of the union’s agreed objectives and commitments and the principle of union solidarity ; challenges the council , if it does not share this approach , to clearly identify which of its policy priorities or projects could be dropped altogether , despite their proven european added value ; _____________ texts adopted , p7_ta0266 .


### this regulation lays down a financial allocation for the entire duration of the programme which is to be the prime reference for the budgetary authority , within the meaning of point 37 of the inter - institutional agreement of 17 may 2006 between the european parliament , the council and the commission on budgetary discipline and sound financial management , in the framework of the annual budgetary procedure . ### for 2013 , this regulation lays down a financial allocation for the programme which is to be the prime reference for the budgetary authority , within the meaning of point 37 of the inter - institutional agreement of 17 may 2006 between the european parliament , the council and the commission on budgetary discipline and sound financial management , in the framework of the annual budgetary procedure . for 2014 - 2017 , this regulation lays down a financial allocation for the entire duration of the programme which is to be the prime reference for the budgetary authority , within the meaning of point [ 17 ] of the interinstitutional agreement of xx / 201y between the european parliament , the council and the commission on cooperation in budgetary matters and sound financial management .


### the programme represents the added value of ensuring that european statistics are focused on the information needed to design , implement , monitor and evaluate union policies . in addition , it contributes to the effective use of resources by fostering actions which provide an essential contribution to the development , production and dissemination of harmonised , comparable and reliable statistical information . ### the programme represents the added value of ensuring that european statistics are focused on the information needed to design , implement , monitor and evaluate union policies . in addition , it contributes to the effective use of resources by fostering actions which provide an essential contribution to the development , production and dissemination of harmonised , comparable and reliable statistical information . it is based on the idea of a reasonable burden - sharing between the eu budget and the member states ' budgets .


### the programme shall be implemented in accordance with the principles of the european statistics code of practice with a view to producing and disseminating high - quality , harmonised european statistics and ensuring the proper functioning of the european statistical system as a whole . appropriate measures shall be taken to ensure good coordination and effective priority setting within the ess in order to contribute to the reduction of administrative burden on statistical respondents . national authorities and the union statistical authority shall ensure that european statistics comply with the european quality standards and serve the needs of european union institutional users , governments , regional authorities , research institutions , civil society organisations , enterprises and the public . ### the programme shall be implemented in accordance with the principles of the european statistics code of practice with a view to producing and disseminating high - quality , harmonised european statistics as defined in article 12 of regulation no 223 / 2009 and ensuring the proper functioning of the european statistical system as a whole . appropriate measures shall be taken to ensure good coordination and effective priority setting within the ess in order to contribute to the reduction of administrative burden on statistical respondents . national authorities and the union statistical authority shall ensure that european statistics comply with the european quality standards and serve the needs of european union institutional users , governments , regional authorities , research institutions , civil society organisations , enterprises and the public .


### reports ### evaluation and review


### a limited number of categories of food constitutes the sole source of nourishment of certain groups of the population or represent a partial source of nourishment ; such categories of food are vital for the management of certain conditions and / or are essential to maintain the intended nutritional adequacy for certain well - established vulnerable groups of the population . those categories of food include infant formulae and follow - on formulae , processed cereal - based food and baby food and food for special medical purposes . experience has shown that the provisions laid down in commission directive 2006 / 141 / ec , commission directive 2006 / 125 / ec , as well as commission directive 1999 / 21 / ec ensure the free movement of such food in a satisfactory manner , while ensuring a high level of protection of public health . it is therefore appropriate that this regulation focuses on the general compositional and information requirements for infant formula and follow - on formulae , processed cereal - based food and baby food for infants and young children and to food for special medical purposes , taking into account commission directive 2006 / 141 / ec , commission directive 2006 / 125 / ec and commission directive 1999 / 21 / ec . ### a limited number of categories of food constitutes the sole source of nourishment of certain groups of the population or represent a partial source of nourishment ; such categories of food are vital for the management of certain conditions and / or are essential to maintain the intended nutritional adequacy for certain well - established vulnerable groups of the population . those categories of food include infant formulae and follow - on formulae , processed cereal - based food and baby food , food for medical purposes and foodstuffs for people intolerant to gluten . experience has shown that the provisions laid down in commission directives 2006 / 141 / ec , 2006 / 125 / ec and 1999 / 21 / ec and in commission regulation no 41 / 2009 ensure the free movement of such food in a satisfactory manner , while ensuring a high level of protection of public health . it is therefore appropriate that this regulation focuses on the general compositional and information requirements for infant formula and follow - on formulae , processed cereal - based food and baby food for infants and young children , food for special medical purposes and foodstuffs for people intolerant to gluten taking into account commission directives 2006 / 141 / ec , 2006 / 125 / ec and 1999 / 21 / ec , and commission regulation no 41 / 2009 .


### the dissemination of any useful information or recommendations with reference to the categories of food referred to in article 1 may be made exclusively by persons having qualifications in medicine , nutrition , pharmacy or other professionals responsible for maternal and child health care . ### the drawing up and dissemination of any useful information or recommendations with reference to the categories of food referred to in article 1 may be made exclusively by persons having qualifications in medicine , nutrition , pharmacy or other professionals responsible for maternal and child health care and must be based on scientific data that can be independently verified . .


### the delegation of power referred to in article 10 shall be conferred on the commission for an indeterminate period of time from the date of entry into force of this regulation . ### the delegation of power referred to in article 10 shall be conferred on the commission for a period of seven years from the date of entry into force of this regulation . the commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the seven - year period . the delegation of power shall be tacitly extended for periods of an identical duration , unless the european parliament or the council opposes such extension not later than three months before the end of each period .


### ' alien species ' means any live specimens of species , subspecies or lower taxon of animals , plants , fungi or micro - organisms introduced outside its natural past or present distribution ; it includes any part , gametes , seeds , eggs , or propagules of such species , as well as any hybrids , varieties or breeds that might survive and subsequently reproduce ; ### ' alien species ' means any live specimens of species , subspecies or lower taxon of animals , plants , fungi or micro - organisms introduced outside its natural past or present distribution ; it includes any part , gametes , seeds , eggs , or propagules of such species , as well as any feral domestic species , hybrids , varieties or breeds that might survive and subsequently reproduce ;


### they are , having regard to scientific evidence available , found to be alien to the territory of the union excluding the outermost regions ; ### they are , having regard to scientific evidence available , found to be invasive species alien to one or more member states , excluding the outermost regions ;


### species included on the list referred to in article 4 shall not be intentionally : ### species included on the list referred to in article 4 shall not be intentionally or negligently :


### the union ' s humanitarian aid is delivered in situations where other instruments related to development cooperation , crisis management and civil protection operate . the eu aid volunteers should work in a coherent and complementarity manner with relevant policies and instruments in order to make the most effective use of these instruments while systematically promoting humanitarian principles and long - term development goals . synergies of the actions of the eu aid volunteers should be sought with the union civil protection mechanism , the emergency response centre established by decision xx / xxxx and with the eeas and the eu delegations in order to coordinate the union ' s response to humanitarian crises in third countries . ### the union ' s humanitarian aid is delivered in situations where other instruments related to development cooperation , crisis management and civil protection operate . the eu aid volunteers should work in a coherent and complementarity manner with relevant policies and instruments in order to make the most effective use of these instruments and avoid overlaps , while systematically promoting humanitarian principles and long - term development goals . synergies of the actions of the eu aid volunteers should be sought in particular with the union civil protection mechanism , the emergency response centre established by decision xx / xxxx , with the eeas , the eu delegations , regional and local actors and international organisations in order to coordinate the union ' s response to humanitarian crises in third countries .


### the commission and the member states shall cooperate to improve the consistency and coherence between relevant national volunteering schemes and the actions of the eu aid volunteers . ### the commission and the member states shall cooperate to improve the efficiency , effectiveness , consistency and coherence between relevant national volunteering schemes and the actions of the eu aid volunteers .


### – the number of eu aid volunteers deployed or ready for deployment ; ### – the number of eu aid volunteers deployed or ready for deployment with the required qualifications ;


### - the number of people reached by humanitarian aid provided by the union ### – the number of people reached by humanitarian aid and efficiency assessment of the humanitarian aid provided by the union through eu aid volunteers .


### – the number of volunteers trained and the quality of the training on the basis of the reviews and level of satisfaction ; ### – the number of volunteers that successfully completed the training and the assessment of the quality of the training on the basis of the reviews , level of satisfaction .


### – the number of certified sending organisations ; ### – qualitative and quantitative assessment of certified sending organisations ;


### the commission shall establish a training programme in order to prepare the candidate volunteers for undertaking humanitarian activities and for deployment in humanitarian aid operations . ### the commission shall establish a training programme in order to prepare the candidate volunteers for undertaking humanitarian activities and for deployment in humanitarian aid operations . proper funding for ngos and other entities entitled to perform training of volunteers shall be ensured .


### financial assistance under this regulation may be awarded to natural persons and legal persons , whether governed by private or public law , which shall then be deemed financial beneficiaries in the sense of the financial regulation xx / 2012 . ### financial assistance under this regulation may be awarded to natural persons and legal persons , whether governed by private or public law , which shall then be deemed financial beneficiaries in the sense of regulation no 966 / 2012 of the european parliament and of the council of 25 october 2012 on the financial rules applicable to the general budget of the union1 . ____________ 1 oj l 298 , 26 . 10 . 2012 , p . 1 .


### the financial reference amount for the implementation of this regulation for the period 2014 to 2020 shall be eur 239 . 100 . 000 at current prices . if necessary , appropriations could be entered in the budget beyond 2020 to cover similar expenses , in order to enable the management of actions not yet completed by 31 december 2020 . ### the indicative financial reference amount as defined in point [ 17 ] of the interinstitutional agreement of xx / 201z between the european parliament , the council and the commission on cooperation in budgetary matters and sound financial management shall be eur 239 100 000 at current prices . annual appropriations shall be authorised by the budgetary authority without prejudice to the provisions of the regulation laying down the multiannual financial framework for the years 2014 - 2020 and the interinstitutional agreement xxx / 201z between the european parliament , council and the commission on cooperation in budgetary matters and sound financial management . if necessary , payment appropriations could be entered in the budget beyond 2020 to cover similar expenses , in order to enable the payment management of actions not yet completed by 31 december 2020 ,


### the commission shall implement the union ' s financial assistance in accordance with the financial regulation xx / 2012 applicable to the budget of the union . ### the commission shall implement the union ' s financial assistance in accordance with regulation no 966 / 2012 on the financial rules applicable to the general budget of the union .


### enhancing widespread understanding and visibility of the union and its role on the world scene by means of public diplomacy , education / academic cooperation and outreach activities to promote union ' s values and interests . this objective may be measured , inter alia , by opinion surveys or evaluations . ### enhancing widespread understanding and visibility of the union and its role on the world scene by means of education / academic cooperation , outreach activities to promote union ' s values and interests and support for civil society organisations including trade unions . this objective may be measured , inter alia , by opinion surveys or evaluations .


### for the entire duration of gmes initial operations , a financial envelope of eur 107 million constituting the prime reference , within the meaning of point 37 of the interinstitutional agreement of 17 may 2006 between the european parliament , the council and the commission on budgetary discipline and sound financial managementshould be established . it is envisaged that this financial envelope will be complemented by an amount of eur 43 million from the space theme of the seventh framework programme for research actions accompanying gmes initial operations . ### for the entire duration of gmes initial operations , a financial envelope of eur 500 million constituting the prime reference , within the meaning of point 37 of the interinstitutional agreement of 17 may 2006 between the european parliament , the council and the commission on budgetary discipline and sound financial managementshould be established . this financial envelope should in particular help to ensure funding for the remaining elements of the initial build - up phase of the gmes space component to ensure a seamless and cost effective transition , without postponing decisions to beyond 2013 . it is envisaged that this financial envelope will be complemented by at least eur 43 million from the space theme of the seventh framework programme for research actions accompanying gmes initial operations ; these additional resources should be used for the implementation of the second and the third phase of the space component ;


### community grants may be provided in specific forms , including framework partnership agreement , or co - funding of operating or action grants . operating grants to bodies pursuing objectives of general european interest shall not be subject to the degressivity provisions of the financial regulation . for grants , the maximum rate of co - financing shall be adopted in accordance with the procedure of article 11 . ### public procurement should be the preferred funding instrument for implementing the gmes programme . where this is justified , community grants may be provided in specific forms , including framework partnership agreement , or co - funding of operating or action grants . operating grants to bodies pursuing objectives of general european interest shall not be subject to the degressivity provisions of the financial regulation . for grants , the maximum rate of co - financing shall be adopted in accordance with the procedure of article 11 .


### the scope of the common fisheries policy extends to conservation , management and exploitation of marine biological resources . in addition , the common fisheries policy’s scope extends in relation to market measures and financial measures in support of its objectives , to fresh water biological resources and aquaculture , as well as to the processing and marketing of fishery and aquaculture products , where such activities take place on the territory of member states , or in union waters , including by fishing vessels flying the flag of , and registered in , third countries , or by union fishing vessels , or by nationals of member states , without prejudice to the primary responsibility of the flag state , bearing in mind the provisions of article 117 of the united nations convention on the law of the sea . ### the scope of the common fisheries policy extends to conservation , sustainable management of marine biological resources , and the minimisation of impacts caused to the marine environment . in addition , the common fisheries policy’s scope extends in relation to market measures and financial measures in support of its objectives , to fresh water biological resources and aquaculture , as well as to the processing and marketing of fishery and aquaculture products , where such activities take place on the territory of member states , or in union waters , including by fishing vessels flying the flag of , and registered in , third countries , or by union fishing vessels , or by nationals of member states , without prejudice to the primary responsibility of the flag state , bearing in mind the provisions of article 117 of the united nations convention on the law of the sea .


### the common fisheries policy should ensure that fishing and aquaculture activities contribute to long - term sustainable environmental , economic , and social conditions . it should contribute moreover to increased productivity , a fair standard of living for the fisheries sector , stable markets , ensure the availability of resources and that supplies reach consumers at reasonable prices . ### the common fisheries policy should ensure that fishing and aquaculture activities contribute to long - term sustainable environmental , economic , and social stability . it should contribute moreover to increased productivity , the delivery of food security , a fair standard of living for the fisheries sector , decent working conditions for those working in the sector , stable markets , ensure the availability of resources and that supplies reach consumers at reasonable prices .


### multi - annual plans should where possible cover multiple stocks where those stocks are jointly exploited . the multiannual plans should establish the basis for fixing fishing opportunities and quantifiable targets for the sustainable exploitation of stocks and marine ecosystems concerned , defining clear timeframes and safeguard mechanisms for unforeseen developments . ### multi - annual plans should where possible cover either fisheries exploiting single fish stocks or fisheries exploiting a mixture of stocks . the multiannual plans should establish the basis for fixing fishing opportunities in compliance with the best available scientific advice , quantifiable targets for the sustainable management of stocks and marine ecosystems concerned , defining clear timeframes and safeguard mechanisms for unforeseen developments . the multiannual plans should include an assessment of the balance between fleet capacity and available fishing opportunities .


### for stocks for which no multi - annual plan has been established , exploitation rates delivering maximum sustainable yield should be ensured by setting catch and / or fishing effort limits . ### for stocks for which no multi - annual plan has been established , catch and fishing effort limits should be set to ensure that the exploitation rates do not compromise the objective to restore and maintain population of harvested species above levels which can produce the maximum sustainable yield by 2015


### member states should be in a position to present substantiated requests to the commission to draw up measures under the common fisheries policy for measures identified by member states as necessary to comply with obligations as regards special protection areas pursuant to article 4 of council directive 2009 / 147 / ec of 30 november 2009 on the conservation of wild birds26 , special areas of conservation pursuant to article 6 of council directive 92 / 43 / eec of 21 may 1992 on the conservation of natural habitats and of wild fauna and flora27 and marine protected areas pursuant to article 13 of directive 2008 / 56 / ec of the european parliament and of the council of 17 june 2008 establishing a framework for community action in the field of marine environmental policy 28 . ### member states shall regulate fishing activities that impact negatively on the conservation status of designated sites in their waters in such a way as to comply with obligations as regards special protection areas pursuant to article 4 of council directive 2009 / 147 / ec of 30 november 2009 on the conservation of wild birds26 , special areas of conservation pursuant to article 6 of council directive 92 / 43 / eec of 21 may 1992 on the conservation of natural habitats and of wild fauna and flora27 and marine protected areas pursuant to article 13 of directive 2008 / 56 / ec of the european parliament and of the council of 17 june 2008 establishing a framework for community action in the field of marine environmental policy 28 .


### sustainable fisheries agreements concluded with third countries should ensure that union fishing activities in third country waters are based on the best available scientific advice , ensuring a sustainable exploitation of the marine biological resources . those agreements , which provide for access rights in exchange for a financial contribution from the union , should contribute to the establishment of a high quality governance framework to ensure in particular efficient monitoring , control and surveillance measures . ### sustainable fisheries agreements concluded with third countries should ensure that union fishing activities in third country waters are based on the best available scientific advice , ensuring a sustainable exploitation of the marine biological resources . those agreements , which provide for access rights in exchange for a financial contribution from the union , should contribute to data collection on stocks and current fishing pressure and to the establishment of a high quality governance framework to ensure in particular efficient monitoring , control and surveillance measures .


### conservation , management and exploitation of marine biological resources ; and ### conservation , management and sustainable exploitation of marine biological resources and fresh water biological resources ; and


### the common fisheries policy shall be guided by the following principles of good governance : ### the common fisheries policy shall apply the following principles of good governance :


### consistence with the integrated maritime policy , and with other union policies . ### consistence with the integrated maritime policy , and with other union policies , in particular with existing eu environmental legislation , and international legally binding agreements , whilst ensuring policy coherence for development .


### – ‘ conservation reference point’ means values of fish stock population parameters used in fisheries management , for example with respect to an acceptable level of biological risk or a desired level of yield ; ### – ‘ conservation reference point’ means values of fish stock population parameters used in fisheries management , for example with respect to msy or the best proxy equivalent , and reflecting a healthy population age and size distribution , the fishing mortality rate which generates maximum sustainable yield should be regarded as a minimum standard for limit reference points , in accordance with the 1995 un fish stocks agreement ;


### – ‘ safeguard’ means a precautionary measure designed to protect or prevent something undesirable occurring ; ### – ‘ safeguard’ means a precautionary measure designed to protect or prevent the exploitation of marine biological resources from exceeding sustainable levels , including conservation reference points , or from negatively impacting the marine ecosystem ;