### the commission shall review the functioning of this regulation and , after a public consultation , shall report to the european parliament and the council no later than 30&#160 ; june &#160 ; 2015 . the commission shall evaluate in particular whether the objectives of this regulation have been achieved . in so doing , the commission shall review , inter alia : ### in order to bring about &#160 ; the necessary changes for a single market in mobile phone communications , as required in article 4a , the commission , after consultation&#160 ; with berec and other relevant stakeholders , shall present a new proposal to the european parliament and the council&#160 ; by 1 january 2013 at the latest , which should also include a&#160 ; proposal to update the wholesale caps for the period between 1 july 2016 and 30 june 2020 taking into account the developments in wholesale charges for the provision of voice , sms and data communication services :


### it shall expire on 30 june 1 2022 . ### the commission shall evaluate the regulation by 30 june 2020 at the latest , in the light of the experience acquired and the progress made in its implementation , and shall bring forward any necessary proposals .


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


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


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


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


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


### draft legislative resolution 7 . an agreement laying down the terms and conditions of the detailed rules for use of the prs by the non - member country or international organisation has been concluded between the european union and the non - member country or international organisation in accordance with the procedure provided for in article 128 of the treaty on the functioning of the european union . ### an agreement laying down the terms and conditions of the detailed rules for use of the prs by the non - member country or international organisation has been concluded between the european union and the non - member country or international organisation in accordance with the procedure provided for in article 218 of the treaty on the functioning of the european union , with the consent of the european parliament .


### draft legislative resolution 2 . the commission shall lay down , by means of delegated acts in accordance with articles 12 , 13 and 14 , rules relating to the protection of classified information concerning the prs , in particular those relating to a natural or legal person ' s need for access to classified information in order to be able to perform a specific function or task . each member state shall notify the commission of the specific provisions it adopts in order to implement this paragraph . ### the commission shall lay down , by means of delegated acts in accordance with articles 12 , 13 and 14 , rules relating to the protection of classified information concerning the prs , in particular those relating to a natural or legal person ' s need for access to classified information in order to be able to perform a specific function or task . each member state shall notify the commission of the specific provisions it adopts in order to implement this paragraph , ensuring a degree of protection at least equivalent to that guaranteed by the commission ' s rules on security set out in the annex to commission decision 2001 / 844 / ec , ecsc , euratom and by the security regulations of the council set out in the annex to council decision 2001 / 264 / ec .


### penalties ### penalties and administrative measures


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


### draft legislative resolution 7 . the commission shall , with the help of the member states and the european gnss agency , ensure that the competent prs authorities comply with the minimum common standards , in particular by carrying out audits or inspections . ### the commission shall , with the help of the member states and the european gnss agency , ensure that the competent prs authorities comply with the minimum common standards , in particular by carrying out audits or inspections on a regular basis .


### where a situation or conflict referred to in the second subparagraph arise , the heads of union delegations shall inform the responsible commission department and the high representative of the union for foreign affairs and security policy thereof without delay . ### where a situation or conflict referred to in the second subparagraph arise , the heads of union delegations shall inform the responsible directors - general of the commission and of the eeas and , where appropriate , the specialised financial irregularities panel set up pursuant to article 66 or the european anti - fraud office thereof without delay .


### when a head of a union delegation finds himself in a situation referred to in article 60 , he shall refer to the specialised financial irregularities panel set up pursuant to article 66 . in the event of any illegal activity , fraud or corruption which may harm the interests of the union , he shall inform the authorities and bodies designated by the applicable legislation . ### when a head , or any other staff member , of a union delegation finds himself in a situation referred to in article 60 , or if the department for inspections in the central administration of the eeas become aware of situations liable to fall under article 60 , they shall refer to the specialised financial irregularities panel set up pursuant to article 66 . in the event of any illegal activity , fraud or corruption which may harm the interests of the union , the head , or any other staff member , of a union delegation and / or the department for inspections shall inform the authorities and bodies designated by the applicable legislation .


### for the purposes of the internal auditing of the eeas , heads of union delegations , acting as authorising officers by subdelegation in accordance with the second paragraph of article 51 shall be subject to the verifying powers of the internal auditor of the commission for the financial management sub - delegated to them . for reasons of coherence , efficiency and cost - effectiveness , the internal auditor of the commission shall also act as the internal auditor of the eeas in respect of the budget implementation of the eeas section of the budget . ### the internal auditor of the commission shall have the same responsibilities in respect of the eeas referred to in article 1 , as he / she has in respect of commission departments . the commission ' s internal auditor shall work closely with the department for inspections in the central administration of the eeas . the department for inspections of the eeas shall , without delay , send all information relating to situations liable to fall under article 60 to the commission ' s internal auditor , and , where appropriate , to the specialised financial irregularities panel set up pursuant to article 66 or to olaf .


### in order to ensure that it can be implemented , the support programme may also contain measures for financing studies , demonstration projects , training and technical assistance . ### in order to ensure that the support programme can be implemented , it must in future be admissible to link subsidies with production .


### farmers in the smaller aegean islands should be encouraged to supply quality products and the marketing of such products should be assisted . ### farmers in the smaller aegean islands should be encouraged to supply quality products , making the maximum use of local genetic and propagation material and the marketing of such products should be assisted , particularly at local level , making use of the opportunities offered by the development of other sectors such as tourism .


### since 2007 , requirements in essential products have increased in the smaller aegean islands as a result of the increasing livestock population and demographic pressure . the proportion of the budget which greece may use for the specific supply arrangements for the smaller aegean islands should therefore be increased . ### since 2007 , requirements in essential products have increased in the smaller aegean islands as a result of the increasing livestock population , abandonment of the primary sector because of exorbitant production costs and tourist and demographic pressure . the proportion of the budget which greece may use for the specific supply arrangements for the smaller aegean islands should therefore be increased . the increase should not , however , be at the expense of the budget for strengthening local agricultural production but should be accompanied by an increase in the amounts set aside to support such production .


### the provision for a single supervisory mechanism is the first step towards the creation of a european banking union , underpinned by a true single rulebook for financial services and composed also of a common deposit insurance and resolution framework . ### following the adoption of the treaty establishing the european stability mechanism , the provision for a single supervisory mechanism , is key to break the vicious circle between banks and sovereigns ; to have the possibility to recapitalise banks directly ; as well as a first step towards the creation of an european banking union which needs to be complemented with common mechanisms to resolve banks and guarantee customer deposits underpinned at eu level by a true single rulebook for financial services and composed of a common deposit insurance and resolution framework too .


### in case of any loss of financial instruments which the depositary safe - keeps , the depositary can only discharge itself of its liability if it can prove that it could not have avoided the loss which has occurred . ### in case of any loss of financial instruments which the depositary safe - keeps , the depositary can only discharge itself of its liability if it can prove that the loss has been caused by an external event and was not foreseeable and that it could not have avoided the loss which has occurred .


### a description of all fees , charges and expenses and of the maximum amounts thereof which are directly or indirectly borne by investors ; ### a description of all fees , charges and expenses and of the maximum amounts thereof which are directly or indirectly borne by investors , together with a description of fees , charges and expenses paid in the last twelve months ;


### for each aif an aifm manages , it shall periodically disclose to investors : ### for each aif an aifm manages , it shall disclose to investors :


### the current risk profile of the aif and the risk management systems employed by the aifm to manage these risks . ### on a periodic basis , but not less than every month , unless the information has not changed since the last disclosure , the current risk profile of the aif , including the level of leverage used , and the risk management systems employed by the aifm to manage these risks .


### the commission shall adopt implementing measures further specifying the reporting obligations referred to in paragraphs 1 , 2 and 3 and their frequency . ### the commission shall adopt implementing measures further specifying the reporting obligations referred to in paragraphs 1 , 2 and 3 , which may be adapted and supplemented in the light of evolving financial techniques , and their frequency .


### home member states shall ensure that all information received under article 24 , aggregated in respect of all aifm that it supervises , are made available to other competent authorities through the procedure set out in article 46 on supervisory co - operation . it shall , without delay , also provide information through this mechanism , and bilaterally to other member states directly concerned , if an aifm under its responsibility could potentially constitute an important source of counterparty risk to a credit institution or other systemically relevant institution in other member states . ### home member states shall ensure that all information received under article 24 , aggregated in respect of all aif and aifm that it supervises , are made available to other competent authorities , the european committee on systemic risks and the esma through the procedure set out in article 46 on supervisory co - operation . it shall , without delay , also provide information through this mechanism , and bilaterally to other member states directly concerned , if an aif and aifm under its responsibility could potentially constitute an important source of counterparty risk to a credit institution or other systemically relevant institution in other member states .


### in exceptional circumstances and when this is required in order to ensure the stability and integrity of the financial system , the competent authorities of the home member state may impose additional limits to the level of leverage that aifm can employ . measures taken by the competent authorities of the home member states shall have a temporary nature and should comply with the provisions adopted by the commission pursuant to paragraph 3 . ### in exceptional circumstances and when this is required in order to ensure the stability and integrity of the financial system , the competent authorities of the home member state may impose additional limits to the level of leverage that aifm and aif can employ . measures taken by the competent authorities of the home member states shall have a temporary nature and should comply with the provisions adopted by the commission pursuant to paragraph 3 .


### in addition to article 27 , member states shall ensure that where an aifm acquires 30 % or more of the voting rights of an issuer or a non - listed company , that aifm makes the information set out in the second and third subparagraphs available to the issuer , the non - listed company , their respective shareholders and representatives of employees or , where there are no such representatives , to the employees themselves . ### in addition to article 27 , member states shall ensure that where an aifm , acting alone or in concert with other aifm , comes to hold through one or several aif which it manages 30 % or more of the voting rights of an issuer or a non - listed company , or otherwise holds a controlling influence in such aif , that aifm notifies the information set out in the second subparagraph to the issuer , the non - listed company , their respective shareholders and representatives of employees or , where there are no such representatives , the employees themselves , the competent authority of the aifm and the competent authority of the member state where the issuer or the non - listed company is established .


### with regard to issuers , the aifm shall make available the following to the issuer concerned , its shareholders and representatives of employees : ### without prejudice to article 6 of directive 2004 / 25 / ec of the european parliament and of the council of 21 april 2004 on takeover bids1 , the notification required under subparagraph 1 shall contain the following information : 1oj l 142 , 30 . 4 . 2004 , p . 12 .


### the aif annual report shall include the following additional information for each issuer and non listed company in which the aif has invested : ### the aif annual report shall include the following additional information for each issuer and non listed company in which an aifm exercises a controlling influence within the meaning of article 28 :


### these objectives are fully in line with the objectives of the creative europe programme which aims to promote european cultural and linguistic diversity and to strengthen the competitiveness of the cultural and creative sectors , with a view to supporting smart , sustainable and inclusive growth . ### these objectives are fully in line with the objectives of the creative europe programme which aims to promote european cultural and linguistic diversity and to strengthen the competitiveness of the cultural and creative sectors , with a view to supporting smart , sustainable and inclusive growth . as stated in the european parliament resolution of 27 september 2011 on europe , the world ' s no 1 tourist destination : a new political framework for tourism in europe1 , the european tourism sector in particular can benefit from the capital of culture programme and make a strong contribution to sustainable growth . _______________ 1 p7_ta0407 .


### the european capital of culture title should continue to be reserved to cities , but in order to reach a wider public and amplify the impacts , these cities should also continue to have the possibility to involve their surrounding region . ### the european capital of culture title should in principle be awarded to cities ; exceptionally , the title may be awarded to a region , which may be a cross - border region , where it is shown in the concept for the candidate region concerned that this will make it possible to reach a wider public , amplify the impacts and make a significant contribution to achieving the scheme ' s objectives .


### the european capital of culture title should continue to be reserved to cities , but in order to reach a wider public and amplify the impacts , these cities should also continue to have the possibility to involve their surrounding region . ### the european capital of culture title should continue to be reserved to cities , but in order to reach a wider public and amplify the impacts , these cities should also continue to have the possibility to involve their surrounding region . this applies in particular to cross - border regions , whose participation can highlight the historical and cultural affinities between member states .


### the award of the title of european capital of culture should continue to be based on a cultural programme created specifically for the european capital of culture year and which should have a very strong european dimension , but this programme must be part of a longer - term strategy . ### the award of the title of european capital of culture should continue to be based on a cultural programme created specifically for the european capital of culture and should have a strong european dimension , based on current european themes and european issues with broad social impact . this programme must be part of a longer - term strategy , with sustainable effects for the local economic and social development .


### to enhance the range , diversity and european dimension of the cultural offer in cities , including through transnational co - operation ; ### to enhance the production , range , diversity and european dimension of the cultural offering in cities , including through transnational cooperation ;


### to enhance the range , diversity and european dimension of the cultural offer in cities , including through transnational co - operation ; ### to enhance the range , diversity and european dimension of the cultural offer in cities , particularly through transnational co - operation ;


### the competition for the european capital of culture title shall only be open to cities . candidate cities may involve their surrounding regions . however , the applications shall be made under the name of the leading city and , if selected , the title will be awarded to this city . ### in principle , the competition for the european capital of culture title shall be open to cities . exceptionally , the title may be awarded to a region , which may be a cross - border region , where it is shown in the concept for the candidate region concerned that this will make it possible to reach a wider public , amplify the impacts and make a significant contribution to achieving the scheme ' s objectives . however , the applications shall always be made under the name of a leading city located in a member state which is entitled to apply that year .


### the plans for the monitoring and evaluation of the impact of the title on the city ; ### the plans for the monitoring and the evaluation of the impact of the title on the city and for disseminating the results of the evaluation ;


### the application has cross - party political support ; ### the application has broad cross - party political support and a sustainable financial commitment from the local , regional and national authorities ;


### the involvement of the local population and civil society in the preparation of the application and the implementation of the european capital of culture ; ### the involvement of individual districts , the local population , and civil society in the preparation of the application and the implementation of the european capital of culture ;


### the members of the european panel shall declare any actual or potential conflict of interest in respect of a specific candidate city . in the event of such a declaration by a member , or if such a conflict of interest comes to light , that member shall not participate in the selection procedure for the member state concerned or , where appropriate , in the selection procedure for candidate or potential candidate countries . the member concerned shall not be replaced for this procedure and the selection shall be carried out by the remaining members of the european panel . ### the members of the european panel shall declare any actual or potential conflict of interest in respect of a specific candidate city . in the event of such a declaration by a member , or if such a conflict of interest comes to light , that member shall resign and the relevant union institution or body shall replace that member for the remainder of the mandate , in accordance with the relevant procedure .


### each of the member states concerned shall convene the european panel for a pre - selection meeting with the candidate cities five years before the beginning of the year of the title . ### each of the member states concerned shall convene the european selection panel for a pre - selection meeting with the candidate cities five years before the beginning of the year of the title . if two consultative members are appointed by the member states , they shall attend the meeting and bring their input to the discussion .


### the european panel shall assess the applications according to the criteria set out in article 5 . it shall agree on a short - list of candidate cities which are to be considered further and issue a report on the applications of all the candidate cities and recommendations to the short - listed candidate cities . ### the european panel shall assess the applications according to the criteria set out in article 5 . justifying its selection , it shall agree on a short - list of candidate cities , which are to be considered further and issue a report on the applications of all the candidate cities and recommendations to the short - listed candidate cities .


### each of the member states concerned shall convene the european panel for a final selection meeting with the short - listed candidate cities nine months after the pre - selection meeting . ### each of the member states concerned shall convene the european selection panel for a final selection meeting with the short - listed candidate cities nine months after the pre - selection meeting . if two consultative members are appointed by the member states , they shall attend the meeting and bring their input to the discussion .


### however , for reasons of equity with the cities in the member states , every city shall only be allowed to participate in one competition for cities in candidate and potential candidate countries during the period from 2020 to 2033 , and it shall not be possible for a city which participated in such a competition to participate in any subsequent competition in a new member state under the rules laid down in article 3 during that same period . ### each city in the member states is allowed to host the title only once during the period from 2020 to 2033 . the same is valid for cities in candidate and potential candidate countries which have held the title during the same period , irrespective of whether their state has been accepted in the meantime as a new member state or not .


### furthermore , also for reasons of equity with member states , each candidate country or potential candidate country shall only be allowed to host the title once during the period from 2020 to 2033 . therefore , cities from countries which were already awarded the title shall not be allowed to participate in the subsequent competitions during that same period . ### cities in member states or in candidate and potential candidate countries who have not won the title shall be allowed to participate in the competition whenever they chose during the period from 2020 to 2033 .


### to this end , the commission shall convene the european panel and the concerned cities to three meetings : the first meeting shall take place three years before the beginning of the year of the title ; the second meeting shall take place eighteen months before the beginning of the year of the title and the third meeting shall take place two months before the beginning of the year of the title . the member state or country concerned may nominate an observer to these meetings . ### to this end , the commission shall convene the european panel and the concerned cities to three meetings : the first meeting shall take place three years before the beginning of the year of the title ; the second meeting shall take place eighteen months before the beginning of the year of the title and the third meeting shall take place two months before the beginning of the year of the title . if two consultative members are appointed by the member states , they shall attend the meeting and bring their input to the discussion .


### the communication strategy and the communication material used by the city clearly reflect that the european capitals of culture are an initiative of the union ; ### the communication strategy and the communication material used by the city clearly reflect that the european capitals of culture are an official union’s action ;


### make public all relevant information and contribute to the visibility of the action at european level ; ### make public all relevant information and contribute to the visibility of the action at european level ; additionally , international visibility shall be sought ;


### the commission shall establish common guidelines and indicators for the cities based on the objectives and the criteria of the action in order to ensure a coherent approach to the evaluation procedure . ### the commission shall establish common guidelines and indicators for the cities based on the objectives and the criteria of the action in order to ensure a coherent approach to the evaluation procedure . these guidelines shall include the production of statistics on the impact of the capital of culture award on local tourism .


### by way of derogation from the ceilings set out in paragraphs 3 , 4 and 5 , the eafrd contribution may be increased up to a maximum of 95% of eligible public expenditure in the regions eligible under the convergence objective and the outermost regions and the smaller aegean islands , and 85% of eligible public expenditure in other regions . these rates shall apply to the eligible expenditure newly declared in each certified declaration of expenditure submitted during the period in which a member state complies with one of the following conditions : ### by way of derogation from the ceilings set out in paragraphs 3 , 4 and 5 , the eafrd contribution may be increased up to a maximum of 95% of eligible public expenditure in the regions eligible under the convergence objective and the outermost regions and the smaller aegean islands , and 85% of eligible public expenditure in other regions . these rates shall apply to the eligible expenditure newly declared in each certified declaration of expenditure incurred during the period in which a member state complies with one of the following conditions :


### a member state wishing to make use of the derogation provided in the first subparagraph shall submit a request to the commission to modify its rural development programme accordingly . the derogation shall apply as of the approval , by the commission , of the modification of the programme , and shall cease to apply once the member state does no longer meet in any of the conditions set out in points , or of the first subparagraph . the member state shall then send the commission a proposal for modification of the programme including a new financing plan in conformity with the maximum rates applicable before the derogation . ### a member state wishing to make use of the derogation provided in the first subparagraph shall submit a request to the commission to modify its rural development programme accordingly . the derogation shall apply as of the approval , by the commission , of the modification of the programme , and shall cease to apply once the member state does no longer meet in any of the conditions set out in points , or of the first subparagraph . in any event , the derogation provided in the first subparagraph shall only apply to the expenditure incurred by the paying agencies until 31 december 2013 . the member state shall then send the commission a proposal for modification of the programme including a new financing plan in conformity with the maximum rates applicable before the derogation .


### if a member state does not submit to the commission a proposal for modifying its rural development programme , including a new financing plan on the date it does no longer meet any of the conditions set out in points , or of the first subparagraph of this paragraph , or if the financing plan notified is not in conformity with the maximum rates laid down in paragraphs 3 , 4 and 5 of this article , those rates shall become automatically applicable as from that date . ### if a member state does not submit to the commission a proposal for modifying its rural development programme , including a new financing plan , on the date the derogation ceases to apply in accordance with the second subparagraph , or if the financing plan notified is not in conformity with the maximum rates laid down in paragraphs 3 , 4 and 5 of this article , those rates shall become automatically applicable as from that date .


### it is therefore appropriate to extend autonomous trade preferences to pakistan by suspending for a limited period of time all tariffs for certain products of export interest to pakistan . the provision of these trade preferences would not cause any meaningful adverse effects on the domestic market of the union and would not affect negatively least developed members of the world trade organisation . ### given the hardship being suffered by the pakistani people due to the devastating floods it is therefore appropriate to extend exceptional autonomous trade preferences to pakistan by suspending for a limited period of time all tariffs for certain products of export interest to pakistan . the provision of these trade preferences would cause limited adverse effects on the domestic market of the union and would not affect negatively least developed members of the world trade organisation .


### in order to ensure an immediate and sustainable impact on the economic recovery of pakistan in the aftermath of the floods it is recommended to limit the duration of the trade preferences until 31 december 2013 . ### in accordance with the wto waiver , the trade preferences expire on 31 december 2012 . a one year extension until 31 december 2013 could be envisaged by the european parliament and the council depending on the assessment of the impact of the trade preferences on the union ' s industry , the real benefits they provide to the pakistani people and the ability of the commission to obtain an extension of the wto waiver


### the power to adopt the delegated acts referred to in article 4 shall be conferred on the commission for an indeterminate period of time . ### the power to adopt the delegated acts referred to in articles 3b and 4 shall be conferred on the commission for the duration of this regulation .


### the powers to adopt delegated acts are conferred on the commission subject to the conditions laid down in articles 6 and 7 . ### the powers to adopt delegated acts are conferred on the commission subject to the conditions laid down in articles 6 to 7a .


### it shall apply from 1 january 2011 provided that the tariff preferences provided for in this regulation are permitted by a waiver granted by the world trade organisation . in case the world trade organisation grants such a waiver after 1 january 2011 , it shall apply from such later date on which the waiver takes effect . ### it shall apply from 1 january 2011 provided that the tariff preferences provided for in this regulation are permitted by a waiver granted by the world trade organisation and that the conditions set out in article 2 are met . in case the world trade organisation grants such a waiver after 1 january 2011 , it shall apply from such later date on which the waiver takes effect .


### the commission shall publish a notice in the official journal of the european union to inform operators of the date on which the waiver is granted by the world trade organization . if after 1 january 2011 the date specified shall be the date from which the tariff preferences apply pursuant to the second sentence of paragraph 2 . ### the commission shall publish a notice in the official journal of the european union to inform operators of the date on which the waiver is granted by the world trade organization . if the waiver is granted after 1 january 2011 the date specified in the notice shall be the date from which the tariff preferences apply pursuant to the second sentence of paragraph 2 . the preferences shall expire on 31 december 2012 .


### where the commission finds that there is sufficient evidence of failure to comply with the conditions set out in article 2 it may take measures to suspend in whole or in part the preferential arrangements provided for in this regulation for a period of not more than six months , provided that it has first : ### where the commission , also on the initiative of the european parliament , finds that there is sufficient evidence of failure to comply with the conditions set out in article 2 it may take measures to suspend in whole or in part the preferential arrangements provided for in this regulation for a period of not more than six months , provided that it has first :


### union multilingual standard forms should be issued upon request to citizens and companies or other undertakings entitled to receive the equivalent public documents existing in the issuing member state and under the same conditions . the standard forms should have the same formal evidentiary value as the equivalent public documents drawn up by the authorities of the issuing member state , leaving the choice to union citizens and companies or other undertakings in each individual case to use them or the equivalent national documents . union multilingual standard forms should not produce legal effects as regards the recognition of their content in the member states where they are presented . the commission should develop detailed guidance on their use , by associating central authorities for that purpose . ### union multilingual standard forms should be issued upon request to citizens and companies or other undertakings entitled to receive a public document issued by the issuing member state in evidence of the particular legal facts and transactions and under the same conditions . the standard forms should have the same formal evidentiary value as the equivalent public documents drawn up by the authorities of the issuing member state , leaving the choice to union citizens and companies or other undertakings in each individual case to use them or the equivalent national documents . union multilingual standard forms should not produce legal effects as regards the recognition of their content in the member states where they are presented . the commission should develop detailed guidance on their use , by associating central authorities for that purpose .


### ' public documents ' means documents issued by authorities of a member state and having formal evidentiary value relating to : birth ; death ; name ; marriage and registered partnership ; parenthood ; adoption ; residence ; citizenship and nationality ; real estate ; legal status and representation of a company or other undertaking ; intellectual property rights ; absence of a criminal record ; ### ' public documents ' means : documents drawn up by authorities of the member states ; documents drawn up by an authority or an official connected with the courts or tribunals of the member state , including those drawn up by a public prosecutor , a clerk of the court or a bailiff ; authentic instruments ; official certificates which are placed on documents signed by persons in their private capacity , such as official certificates recording the registration of a document or the fact that it was in existence on a certain date , and official and notarial authentications of signatures ;


### ' authority ' means a public authority of a member state or entity authorised by virtue of an act or an administrative decision to carry out public duties ; ### ' authority ' means a public authority of a member state or an entity authorised by virtue of an act or an administrative decision to carry out public duties , including courts or notaries issuing public documents as referred to in point 1 , or an eu authority ;


### ' similar formality ' means the addition of the certificate foreseen by the hague convention of 1961 abolishing the requirement of legalisation for foreign public documents ; ### “apostille“ means the addition of the certificate foreseen by the hague convention of 1961 abolishing the requirement of legalisation for foreign public documents ;


### public documents shall be exempted from all forms of legalisation and similar formality . ### authorities shall accept public documents submitted to them which have been issued by authorities of another member state or by eu authorities without legalisation or an apostille .


### authorities shall accept non - certified translations of public documents issued by the authorities of other member states . ### authorities shall accept non - certified translations of public documents issued by the authorities of other member states or by eu authorities .


### where the authorities of a member state in which a public document or its certified copy is presented have reasonable doubt as to their authenticity , which cannot be otherwise resolved , they may submit a request for information to the relevant authorities of the member state where these documents were issued , either by using the internal market information system referred in article 8 directly , or by contacting the central authority of their member state . ### where the authorities of a member state in which a public document or its certified or uncertified copy is presented have reasonable doubt as to the authenticity of the public document , which cannot be otherwise resolved , they may submit a request for information to the relevant authorities of the member state where the document was issued , either by using the internal market information system referred in article 8 directly , or by contacting the central authority of their member state .


### requests for information shall be accompanied by a scanned copy of the public document concerned or of its certified copy . the requests and any replies to those requests shall not be subject to any tax , duty or charge . ### requests for information shall be accompanied by a copy of the public document concerned or of its copy . the requests and any replies to those requests shall not be subject to any tax , duty or charge .


### if the reply of the authorities to the requests for information does not confirm the authenticity of the public document or of its certified copy , the requesting authority shall not be obliged to accept them . ### if the reply of the authorities to the requests for information does not confirm the authenticity of the public document , the requesting authority shall not be obliged to accept it or a copy of it .


### union multilingual standard forms shall be issued upon request to citizens and companies or other undertakings entitled to receive the equivalent public documents existing in the issuing member state and under the same conditions . ### union multilingual standard forms shall be issued upon request to citizens and companies or other undertakings entitled to receive the equivalent public documents existing in the issuing member state and under the same conditions . the fee for issuing a union form must not exceed the fee charged for issuing the corresponding customary public document in the member state .


### the authorities of a member state shall issue a union multilingual standard form if an equivalent public document exists in that member state . union multilingual standard forms shall be issued regardless of the denomination of equivalent public documents in that member state . ### the authorities of a member state shall issue a union multilingual standard form if an authority exists in that member state which is in a position to confirm the correctness of the information in question . union multilingual standard forms shall be issued regardless of the denomination of equivalent public documents in that member state .


### union multilingual standard forms shall be accepted by the authorities of the member states where they are presented without legalisation or similar formality . ### union multilingual standard forms shall be accepted by the authorities of the member states where they are presented without a translation .


### this regulation shall not prejudice the application of union law which contains provisions on legalisation , similar formality , other formalities , but shall complement it . ### this regulation shall not prejudice the application of union law which contains specific provisions on legalisation , apostille or other formalities with reference to individual fields .


### by …21 , the member states shall communicate to the commission the designation of one or more central authorities and their contact details referred to in article 9 . the member states shall inform the commission of any subsequent changes to that information . _______ 21 oj : please insert the date : six months before the date of application of this regulation . ### by …21 , the member states shall communicate to the commission the designation of one or more central authorities and their contact details . the member states shall inform the commission of any subsequent changes to that information . ________ oj : please insert the date : six months before the date of application of this regulation .


### extension of the scope of this regulation to public documents relating to other categories than defined in article 3 paragraph 1 points &#8211 ; ; ### extension of the scope of this regulation to further documents ;


### establishment of union multilingual standard forms relating to parenthood , adoption , residence , citizenship and nationality , real estate , intellectual property rights and absence of a criminal record ; ### establishment of further union multilingual standard forms ;


### the office should offer a forum that brings together public authorities and the private sector , ensuring the collection , analysis and dissemination of relevant objective , comparable and reliable data regarding the value of intellectual property rights and the infringements of those rights , the development of best practices and strategies to protect intellectual property rights , and raising public awareness of the impacts of intellectual property rights infringements . furthermore , the office should fulfil additional tasks , such as to improve the understanding of the value of intellectual property rights , enhance the expertise of persons involved in the enforcement of intellectual property rights by appropriate training measures , increase knowledge on techniques to prevent counterfeiting , and improve cooperation with third countries and international organisations . ### the office should offer a forum that brings together public authorities and the private sector , ensuring the collection , analysis and dissemination of relevant objective , comparable and reliable data regarding the value of intellectual property rights and raising public awareness of the impacts of intellectual property rights infringements . furthermore , the office should improve the understanding of the value of intellectual property rights , enhance the expertise of persons involved in the enforcement of intellectual property rights by appropriate training measures , and increase knowledge on techniques to prevent counterfeiting and unauthorised copying .


### with regard to representatives of the private sector , the office should involve , when assembling the observatory in the context of its activities , a representative selection of the economic sectors most concerned by and most experienced in the fight against infringements of intellectual property rights , in particular representatives of right holders and internet service providers . also , a proper representation of consumers and of small and medium sized enterprises should be ensured . ### with regard to representatives of the private sector , the office should involve , when assembling the observatory in the context of its activities , a representative selection of the sectors most concerned by and most experienced in the fight against infringements of intellectual property rights , in particular representatives of right holders and internet service providers . in this connection , particular attention should be paid to sectors which , by their very nature , generate value which is to a large extent intangible , such as the cultural and creative sector . also , a proper representation of consumers , small and medium sized enterprises and creators and users of cultural services and platforms should be ensured .


### enhancing the expertise of persons involved in the enforcement of intellectual property rights ; ### enhancing the expertise of persons involved in the enforcement of intellectual property rights and their ability to deal with the new challenges raised by the digital era ;


### establishing a methodology for the collection , analysis and reporting of independent , objective , comparable and reliable data related to infringements of intellectual property rights ; ### establishing a methodology for the collection , analysis and reporting of independent , objective , comparable , robust , and reliable data related to infringements of intellectual property rights ;


### collecting , analysing and disseminating relevant objective , comparable and reliable data regarding the economic value of intellectual property and its contribution to economic growth , welfare , innovation , creativity , cultural diversity , the creation of high quality jobs and the development of high quality products and services within the union ; ### collecting , analysing and disseminating relevant objective , comparable and reliable data regarding the value of intellectual property and its contribution to economic growth , welfare , innovation , creativity , cultural diversity , the creation of high quality jobs and the development of high quality products and services within the union ;


### drawing up reports and publications to raise awareness of the union’s citizens of the impact of infringements of intellectual property rights , and organising conferences , on - line and off - line campaigns , events and meetings at european and international levels ; ### drawing up reports and publications to raise awareness of the union’s citizens of the impact of infringements of intellectual property rights , and organising conferences , on - line and off - line campaigns , events and meetings at european and international levels , which examine new , balanced and flexible proposals for protecting intellectual property rights in particularly sensitive areas , such as the cultural and creative sector , while upholding citizens’ access rights , in accordance with applicable law ;


### building strategies in cooperation with the central industrial property offices of the member states , including the benelux office for intellectual property , and developing techniques , skills and tools related to the protection of intellectual property rights , including training programmes and awareness campaigns ; ### developing strategies , in cooperation with the central industrial property offices of the member states , including the benelux office for intellectual property , related to the protection of intellectual property rights , including training programmes and awareness campaigns ;


### the office shall invite to the meetings referred to in point of article 2 representatives from public administrations , bodies and organisations dealing with the protection of intellectual property rights and representatives from the private sector . ### the office shall invite to the meetings referred to in point of article 2 representatives from public administrations , bodies and organisations dealing with the protection of intellectual property rights and representatives from non - governmental organisations and the private sector .


### representatives meeting as the observatory invited from the private sector shall include a broad and representative range of union and national bodies representing the different economic sectors most concerned by and most experienced in the fight against infringements of intellectual property rights . ### representatives meeting as the observatory invited from non - governmental organisations and the private sector shall cover a broad and representative range .


### the office shall invite one national representative from each member state , and five representatives each from the european parliament and the commission . ### the office shall invite one national representative from each member state , and five representatives each from the european parliament and the commission . when parliament’s representatives are appointed , due account must be taken of the committees on which members sit , so as to ensure that areas in which the impact of intellectual property rights is the greatest , such as industry , culture or health , are represented as fully as possible .


### the evaluation report shall assess the performance of the office in the operation of this regulation , in particular as regards its impact on the protection of intellectual property rights in the internal market . ### the evaluation report shall assess the performance of the office in the operation of this regulation , in particular as regards its impact on the protection of intellectual property rights in the internal market , and focus on the various areas and sectors over which intellectual property rights have a bearing .


### furthermore , whilst democracy and human rights objectives must be increasingly mainstreamed in all external assistance financing instruments , union assistance under this regulation will have a specific complementary and additional role by virtue of its global nature and its independence of action from the consent of third country governments and other public authorities . this will allow for cooperation with civil society on sensitive human rights and democracy issues possible , providing the flexibility to respond to changing circumstances . it should also provide union capacity to articulate and support specific objectives and measures at international level which are neither geographically linked nor crisis related and which may require a transnational approach or involve operations both within the union and in a range of third countries . moreover , it will provide the necessary framework for operations , such as support for independent european union election observation missions requiring policy coherence , a unified management system and common operating standards . ### furthermore , whilst democracy and human rights objectives must be increasingly mainstreamed in all external assistance financing instruments , union assistance under this regulation will have a specific complementary and additional role by virtue of its global nature and its independence of action from the consent of third country governments and other public authorities . this will allow for cooperation with civil society on democracy issues and sensitive human rights such as gender equality , providing the flexibility to respond to changing circumstances . it should also provide union capacity to articulate and support specific objectives and measures at international level which are neither geographically linked nor crisis related and which may require a transnational approach or involve operations both within the union and in a range of third countries . moreover , it will provide the necessary framework for operations , such as support for independent european union election observation missions requiring policy coherence , a unified management system and common operating standards .


### strengthening of the international framework for the protection of human rights , justice , the rule of law and democracy , and for the promotion of international humanitarian law , in particular by : ### strengthening of the international framework for the protection of human rights , justice , gender equality , the rule of law and democracy , and for the promotion of international humanitarian law , in particular by :


### the self - provision of service which entails shipping companies or providers of port services to employ staff of their own choice and to provide themselves port services is regulated in a number of member states for safety or social reasons . the stakeholders consulted by the commission when preparing its proposal highlighted that imposing a generalised allowance of the self - provision of service at union level would require additional rules on safety and social issues in order to avoid possible negative impacts in these areas . it appears therefore appropriate at this stage not to regulate this issue at union level and to leave it to the member states to regulate the self - provision of port services or not . therefore , this regulation should only cover the provision of port services for remuneration . ### the self - provision of service which entails shipping companies or providers of port services to employ staff of their own choice and to provide themselves port services is regulated in a number of member states for safety or social reasons . the stakeholders consulted by the commission when preparing its proposal highlighted that imposing a generalised allowance of the self - provision of service at union level would require additional rules on safety and social issues in order to avoid possible negative impacts in these areas . it is therefore not appropriate to regulate this issue at union level and it should be left to the member states to regulate the self - provision of port services or not . therefore , this regulation should only cover the provision of port services for remuneration .


### in the interest of efficient , safe and environmentally sound port management , the managing body of the port should be able to require that port service providers can demonstrate that they meet minimum requirements to perform the service in an appropriate way . these minimum requirements should be limited to a clearly defined set of conditions concerning the professional qualifications of the operators , including in terms of training , and the equipment required insofar as these requirements are transparent , non - discriminatory , objective and relevant for the provision of the port service . ### in the interest of efficient , safe , environmentally and socially sound port management , the managing body of the port should be able to require that port service providers can demonstrate that they meet minimum requirements to perform the service in an appropriate way . these minimum requirements should be limited to a clearly defined set of conditions concerning the professional qualifications of the operators including relevant local knowledge essential for safe operations , the equipment needed in order to provide the relevant port service and compliance with maritime safety requirements , including the application of laws and agreements to protect health and safety and for the protection of the employees including the good repute of the provider regarding the respect of social and labour rights .


### member states should retain the power to ensure an adequate level of social protection for the staff of undertaking providing port services . this regulation shall not affect the application of the social and labour rules of the member states . in cases of limitation of the number of port service providers , where the conclusion of a port service contract may entail a change of port service operator , it should be possible for the competent authorities to ask the chosen service operator to apply the provisions of council directive 2001 / 23 / ec on the approximation of the laws of the member states relating to the safeguarding of employees ' rights in the event of transfers of undertakings , businesses or parts of undertakings or businesses11 . __________________ 11 oj l 82 , 22 . 3 . 2001 , p . 16 . ### member states should retain the power to ensure an adequate level of social protection for the staff of undertakings providing port services . this regulation shall not affect the application of the social and labour rules of the member states . in cases of limitation of the number of port service providers , where the conclusion of a port service contract may entail a change of port service operator , the competent authorities shall require the chosen service operator to apply the provisions of council directive 2001 / 23 / ec on the approximation of the laws of the member states relating to the safeguarding of employees ' rights in the event of transfers of undertakings , businesses or parts of undertakings or businesses11 . __________________ 11 oj l 82 , 22 . 3 . 2001 , p . 16 .


### member states should retain the power to ensure an adequate level of social protection for the staff of undertaking providing port services . this regulation shall not affect the application of the social and labour rules of the member states . in cases of limitation of the number of port service providers , where the conclusion of a port service contract may entail a change of port service operator , it should be possible for the competent authorities to ask the chosen service operator to apply the provisions of council directive 2001 / 23 / ec on the approximation of the laws of the member states relating to the safeguarding of employees ' rights in the event of transfers of undertakings , businesses or parts of undertakings or businesses11 . __________________ 11 oj l 82 , 22 . 3 . 2001 , p . 16 . ### member states should retain the power to ensure an adequate level of social protection for the staff of undertaking providing port services . this regulation shall not affect the application of the social and labour rules of the member states . in cases of limitation of the number of port service providers , where the conclusion of a port service contract may entail a change of port service operator , the competent authorities should require the chosen service operator to apply the provisions of council directive 2001 / 23 / ec on the approximation of the laws of the member states relating to the safeguarding of employees ' rights , terms and conditions in the event of transfers of undertakings , businesses or parts of undertakings or businesses11 . __________________ 11 oj l 82 , 22 . 3 . 2001 , p . 16 .


### ‘ cargo handling services’ means the organisation and handling of cargo between the carrying waterborne vessel and the shore be it for import , export or transit of the cargo , including the processing , transporting and temporary storage of the cargo on the relevant cargo handling terminal and directly related to the transporting of the cargo , but excluding warehousing , stripping , repackaging or any other value added services related to the handled cargo ; ### ‘ cargo handling services’ means the organisation and handling of cargo between the carrying waterborne vessel and the shore be it for import , export or transit of the cargo , including the processing , lashing , unlashing , transporting and temporary storage of the cargo on the relevant cargo handling terminal and directly related to the transporting of the cargo , but excluding warehousing , stripping , repackaging or any other value added services related to the handled cargo ;


### the managing body of the port may require that providers of port services comply with minimum requirements to perform the corresponding port service . ### the managing body of the port shall require that providers of port services comply with minimum requirements to perform the corresponding port service .


### without prejudice to national and union law including collective agreements between social partners , the managing bodies of the port may require the designated provider of port services appointed in accordance with the procedure established by article 7 , in the case where this provider is different from the incumbent provider of port services , to grant staff previously taken on by the incumbent provider of port services the rights to which they would have been entitled if there had been a transfer within the meaning of directive 2001 / 23 / ec . ### without prejudice to national and union law including collective agreements between social partners , the managing bodies of the port may require the designated provider of port services appointed in accordance with the procedure established by articles 7 and 9 , in the case where this provider is different from the incumbent provider of port services , to grant staff previously taken on by the incumbent provider of port services the rights to which they would have been entitled if there had been a transfer within the meaning of directive 2001 / 23 / ec .


### where managing bodies of the port require providers of port services to comply with certain social standards as regards the provision of relevant port services , tender documents and port service contracts shall list the staff concerned and give transparent details of their contractual rights and the conditions under which employees are deemed to be linked to the port services . ### where managing bodies of the port require all providers which are involved in providing port services to comply with all the existing social standards , tender documents and port service contracts shall list the staff concerned and give transparent details of their contractual rights and the conditions under which employees are deemed to be linked to the port services .


### where managing bodies of the port require providers of port services to comply with certain social standards as regards the provision of relevant port services , tender documents and port service contracts shall list the staff concerned and give transparent details of their contractual rights and the conditions under which employees are deemed to be linked to the port services . ### where managing bodies of the port require providers of port services to comply with certain social standards as regards the provision of relevant port services , tender documents and port service contracts shall list the staff concerned and indicate the status of their contractual rights and the conditions under which employees are deemed to be linked to the port services .


### the managing body of the port shall regularly consult stakeholders such as undertakings established in the port , providers of port services , operators of waterborne vessels , cargo owners , land transport operators and public administrations operating in the port area on the following : ### the managing body of the port shall regularly consult stakeholders such as undertakings established in the port , providers of port services , operators of waterborne vessels , cargo owners , land transport operators , public administrations and representatives of the workforce operating in the port area on the following :


### the managing body of the port shall regularly consult stakeholders such as undertakings established in the port , providers of port services , operators of waterborne vessels , cargo owners , land transport operators and public administrations operating in the port area on the following : ### the managing body of the port shall regularly consult stakeholders , including representatives of employers and employees at undertakings established in the port , providers of port services , operators of waterborne vessels , cargo owners , land transport operators and public administrations operating in the port area on the following :


### the current use of different reporting formats makes it difficult for manufacturers and importers to fulfil their reporting obligations and burdensome for the member states and the commission to compare , analyse and draw conclusions from the information received . in this light there should be a common mandatory format for the reporting of ingredients and emissions . the greatest possible transparency of product information should be ensured for the general public , while ensuring that appropriate account is taken of the commercial and intellectual property rights of the manufacturers of tobacco products . ### the current use of different reporting formats makes it difficult for manufacturers and importers to fulfil their reporting obligations and burdensome for the member states and the commission to compare , analyse and draw conclusions from the information received . making it mandatory to list the dangerous or potentially dangerous ingredients would enable greater transparency for the general public in terms of the harmful effects and the composition of tobacco products to be guaranteed , while ensuring that appropriate account is taken of the commercial and intellectual property rights of the manufacturers of tobacco products and that the provisions of the directive are compatible with wto obligations , the provisions on technical barriers to trade and agreements on trade - related intellectual property rights .


### considerable volumes of illicit products , which do not comply with the requirements laid down in directive 2001 / 37 / ec , are placed on the market and indications are that these volumes might increase . such products undermine the free circulation of compliant products and the protection provided for by tobacco control legislations . in addition , the fctc obliges the union to fight against illicit products , as part of a comprehensive tobacco control policy . provision should thus be made for unit packets of tobacco products to be marked in a unique and secure way and their movements to be recorded so that these products can be tracked and traced in the union and their compliance with this directive can be monitored and better enforced . in addition , provision should be made for the introduction of security features that will facilitate the verification of whether or not products are authentic . ### considerable volumes of illicit products , which do not comply with the requirements laid down in directive 2001 / 37 / ec , are placed on the market and indications are that these volumes might increase . such products undermine the free circulation of compliant products and the protection provided for by tobacco control legislations . in addition , the fctc obliges the union to fight against illicit products , as part of a comprehensive tobacco control policy . provision should thus be made for unit packets and any outside packaging of tobacco products to be marked in a unique and secure way and their movements to be recorded so that these products can be tracked and traced in the union and the illegal trafficking of tobacco and tobacco products can be combated , particularly along the external borders of the union but also from non - eu countries ; and so that their compliance with this directive can be monitored and better enforced . in addition , provision should be made for the introduction of security features for individual authentication that will facilitate the verification of whether or not products are authentic . the eu and the member states must take and must reinforce adequate steps to combat contraband and counterfeiting by improving checks of the product supply chain and imposing penalties on criminal networks .


### all tobacco products have the potential to cause mortality , morbidity and disability and their consumption should be contained . it is therefore important to monitor developments as regards novel tobacco products . a notification obligation for novel tobacco products should be put on manufacturers and importers , without prejudice to the power of the member states to ban or to authorise them . the commission should monitor the development and submit a report 5 years after the transposition deadline of this directive , in order to assess whether amendments to this directive are necessary . ### all tobacco products have the potential to cause mortality , morbidity and disability and their sale and consumption should be contained , in particular by means of education and prevention from taking up the habit of smoking . it is therefore important to monitor developments as regards new tobacco products , how they are produced and their sales channels . a notification obligation for novel tobacco products should be put on manufacturers and importers , without prejudice to the power of the member states to ban or to authorise them . the commission should monitor the development and submit a report 5 years after the transposition deadline of this directive , in order to assess whether amendments to this directive are necessary .


### a member state that deems it necessary to maintain more stringent national provisions for aspects falling inside the scope of this directive should be allowed to do so , for all products alike , on grounds of overriding needs relating to the protection of public health . a member state should also be allowed to introduce more stringent provisions , applying to all products alike , on grounds relating to the specific situation of this member state and provided the provisions are justified by the need to protect public health . more stringent national provisions should be necessary and proportionate , not constitute a means of arbitrary discrimination or a disguised restriction on trade between member states . stricter national provisions require prior notification to , and approval from , the commission taking into account the high level of health protection achieved through this directive . ### a member state that deems it necessary to maintain more stringent national provisions for aspects falling inside the scope of this directive should be allowed to do so , for domestic and imported products alike , on grounds of overriding needs relating to the protection of public health . a member state should also be allowed to introduce more stringent provisions , applying to domestic and imported products alike , on grounds relating to the specific situation of this member state and provided the provisions are justified by the need to protect public health and comply with the exceptions which apply to public health such as those set out , for example , in article xx of the gatt , the preamble to the tbt agreement and in bilateral trade and investment agreements . more stringent national provisions should be necessary and proportionate , not constitute a means of arbitrary discrimination or a disguised restriction on trade between member states . stricter national provisions require prior notification to , and approval from , the commission taking into account the high level of health protection achieved through this directive .


### member states should remain free to maintain or introduce national legislations applying to all products alike for aspects falling outside the scope of this directive , provided they are compatible with the treaty and do not jeopardise the full application of this directive . accordingly , member states could , for instance , maintain or introduce provisions providing standardisation of packaging of tobacco products provided that those provisions are compatible with the treaty , with wto obligations and do not affect the full application of this directive . a prior notification is required for technical regulations pursuant to 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 on rules on information society services . ### member states should remain free to maintain or introduce national legislations applying to domestic and imported products alike , for aspects falling outside the scope of this directive , provided they are compatible with the treaty and do not jeopardise the full application of this directive . accordingly , member states could , for instance , maintain or introduce provisions providing standardisation of packaging of tobacco products other than cigarettes and roll your own , provided that those provisions do not affect the full application of this directive and are compatible with the treaty . they must also be compatible with wto obligations , in particular those set out in the agreement on technical barriers to trade , agreements on trade - related intellectual property rights , and commitments undertaken in compliance with bilateral trade and investment agreements , which usually contain exceptions applying to public health . these provisions must form an instrument which will complement the fight against the counterfeiting of products concerned by this directive . a prior notification is required for technical regulations pursuant to 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 on rules on information society services .


### ‘ ingredient’ means an additive , tobacco , as well as any substance present in a finished tobacco product including paper , filter , inks , capsules and adhesives ; ### ‘ ingredient’ means any additive present in a finished tobacco product including paper , filter , inks , capsules and adhesives ;


### each unit packet and any outside packaging of tobacco for smoking shall carry combined health warnings . the combined health warnings shall : ### each unit packet and any outside packaging of tobacco for smoking shall carry combined health warnings ensuring the right of consumers to have access to sufficient and reliable information . the warnings shall :


### printed in black helvetica bold type on a white background . in order to accommodate language requirements , member states may determine the point size of the font , provided that the font size specified in their legislation is such as to occupy the greatest possible proportion of the area set aside for the text required ; ### printed in black bold type on a white background . the warnings may also be printed on stickers , provided that these remain firmly affixed to the packaging . in order to accommodate language requirements , member states may determine the point size of the font , provided that the font size specified in their legislation is such as to occupy the greatest possible proportion of the area set aside for the text required ;


### member states shall ensure that all unit packets of tobacco products shall be marked with a unique identifier . in order to ensure their integrity , unique identifiers shall be irremovably printed / affixed , indelible and in no way hidden or interrupted in any form , including through tax stamps and price marks , or by the opening of the packet . in relation to products manufactured outside the union the obligations laid down in this article apply only to those destined to or placed on the union market . ### in order to enable effective monitoring and identification , member states shall ensure that all unit packets of tobacco products , including all outside packaging , shall be marked with a unique identification mark which is clear and permanent . in order to ensure their integrity , these unique and secure identifiers shall be irremovably printed / affixed , indelible and in no way hidden or interrupted in any form , including through tax stamps and price marks , or by the opening of the packet . in relation to products manufactured outside the union the obligations laid down in this article apply only to those destined to or placed on the union market .


### to increase the value added of the union ' s cohesion policy , the specific provisions should lead to considerable simplification on all levels involved : beneficiaries , programme authorities , participating member states and third countries , as well as the commission . ### to increase the value added of the union ' s cohesion policy in general , and to take into account the multicountry dimension of european territorial cooperation , the specific provisions should lead to considerable simplification on all levels involved : beneficiaries , programme authorities , participating member states and third countries , as well as the commission , since beneficiaries may have to enforce different sets of rules , both from the union itself , from one or several member states and possibly from third countries . particular attention should be paid to the need to avoid inconsistencies between those different sets of rules and to avoid increasing administrative burden .


### objective criteria for designating eligible regions and areas should be fixed . to this end , the identification of eligible regions and areas at union level should be based on the common system of classification of the regions established by regulation no 1059 / 2003 of the european parliament and of the council of 26 may 2003 on the establishment of a common classification of territorial units for statistics . ### objective and transparent criteria for designating eligible regions and areas should be fixed . to this end , the identification of eligible regions and areas at union level should be based on the common system of classification of the regions established by regulation no 1059 / 2003 of the european parliament and of the council of 26 may 2003 on the establishment of a common classification of territorial units for statistics .


### the selection of thematic objectives should be limited in order to maximise the impact of cohesion policy across the union . however , the concentration under interregional cooperation should be reflected in the aim of each operation rather than in a limitation of the number of thematic objectives , in order to get the most out of interregional cooperation for the reinforcement of the effectiveness of cohesion policy under the investment for growth and jobs and the european territorial cooperation goals . ### the selection of thematic objectives should be limited in order to maximise the impact of cohesion policy across the union . however , the concentration under interregional cooperation should be reflected in the aim of each operation rather than in a limitation of the number of thematic objectives , in order to get the most out of interregional cooperation for the reinforcement of the effectiveness of cohesion policy under the investment for growth and jobs and the european territorial cooperation goals . improving implementation and quality of spending should constitute guiding principles for achieving the objectives of the programme while ensuring optimal use of the financial resources .


### due to the involvement of more than one member state , the general rule laid down in the regulation no [ … ] / 2012 [ cpr ] that each member state adopts its national eligibility rules is not appropriate for the european territorial cooperation goal . based on experience from the 2007 - 13 programming period , a clear hierarchy of eligibility rules should be established with a strong move towards joint eligibility rules . ### due to the involvement of more than one member state , the general rule laid down in the regulation no [ … ] / 2012 [ cpr ] that each member state adopts its national eligibility rules is not appropriate for the european territorial cooperation goal . based on experience from the 2007 - 13 programming period , a clear hierarchy of eligibility rules should be established with a strong move towards joint eligibility rules and contradictions and inconsistencies between the regulation no . . . / 2012 of the european parliament and of the council on [ the financial rules applicable to the annual budget of the union ] , the common provisions regulation and national rules should be avoided .


### for matters not covered by eligibility rules laid down in or on the basis of articles 55 to 61 of regulation no [ … ] / 2012 [ cpr ] , regulation no [ … ] / 2012 [ erdf ] or this regulation or by the monitoring committee , the national rules of the country in which the expenditure is incurred shall apply . ### for matters not covered by eligibility rules laid down in or on the basis of articles 55 to 61 of regulation no [ … ] / 2012 [ cpr ] , regulation no [ … ] / 2012 [ erdf ] , regulation no . . . / 2012 of the european parliament and of the council on [ the financial rules applicable to the annual budget of the union ] or this regulation or by the monitoring committee , the national rules of the country in which the expenditure is incurred shall apply and shall neither contradict union rules , nor add disproportionate administrative burden to the beneficiary .


### for the purposes of articles 113 and of regulation no&#160 ; [ &#8230 ; ] / 2012 [ cpr ] , member states participating in a cooperation programme shall appoint a single managing authority and , for the purpose of article 113 of that regulation , a single audit authority , which shall be situated in the same member state . ### for the purposes of articles 113 and of regulation no&#160 ; [ &#8230 ; ] / 2012 [ cpr ] , member states participating in a cooperation programme shall accredit a single managing authority and , for the purpose of article 113 of that regulation , a single audit authority , which shall be situated in the same member state .


### the union inland navigation certificate should be issued to a craft that passes a technical inspection carried out prior to the craft being put into service . this technical inspection should be used to check whether the craft complies with the technical requirements set out in this directive . the competent authorities of the member states should be entitled to carry out additional inspections at any time to verify that the craft ' s physical state matches the union inland navigation certificates . ### the union inland navigation certificate should be issued to a craft that passes a technical inspection carried out prior to the craft being put into service . this technical inspection should be used to check whether the craft complies with the technical requirements set out in this directive . the competent authorities of the member states shall be entitled to carry out additional inspections at any time to verify that the craft ' s physical state matches the union inland navigation certificates .


### changes in technical requirements need to be taken into account for reasons of safety of inland navigation and equivalence of certificates . in order to do so , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission to adapt the annexes to this directive in line with scientific and technical progress or with developments in this area arising from the work of other international organisations , in particular the ccnr . it is particularly important that the commission carries out appropriate consultations during its preparatory work , including at expert level . the commission , when preparing and drawing - up delegated acts , should ensure simultaneous , timely and appropriate submission of the relevant documents to the european parliament and to the council . ### changes in technical requirements need to be taken into account for reasons of safety of inland navigation and equivalence of certificates . in order to do so , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission to adapt the annexes to this directive in line with scientific and technical progress or with developments in this area arising from the work of other international organisations , in particular the ccnr . the commission shall , in an open and transparent manner carry out appropriate consultations with all stakeholders during its preparatory work , including at expert level . the commission , when preparing and drawing - up delegated acts , should ensure simultaneous , timely and appropriate submission of the relevant documents to the european parliament and to the council .


### union inland navigation certificates may be issued by the competent authorities of the member states . ### union inland navigation certificates shall be issued by the competent authorities of the member states .


### in addition to the expenditure referred to in article 59 of regulation no [ … ] , the purchase of infrastructure , land and real estate shall not be eligible for a contribution from the esf . ### in addition to the expenditure referred to in article 59 of regulation no [ … ] , the purchase of infrastructure , land and real estate , regardless of the value , shall not be eligible for a contribution from the esf .


### financial audit shall exclusively aim at verifying that the conditions for reimbursements by the commission on the basis of standard scales of unit costs and lump sums have been fulfilled . ### any financial audit deemed necessary shall aim at verifying that the conditions for reimbursements by the commission on the basis of standard scales of unit costs and lump sums have been fulfilled .


### where these forms of funding are used , the member state may apply its accounting practices to support operations . for the purpose of this regulation and regulation no [ … ] these accounting practices and the resulting amounts shall not be subject to audit by the audit authority or by the commission . ### where these forms of funding are used , the member state may apply its accounting practices to support operations .


### in accordance with the principle of proportionality , it is necessary and appropriate for the achievement of the basic objective of the alignment of the powers conferred upon the commission to articles 290 and 291 of the treaty to lay down rules on such alignment in the domain of transport statistics . this regulation does not go beyond what is necessary in order to achieve that objective , in accordance with article 5 of the treaty on the european union . ### in accordance with the principle of proportionality , it is necessary and appropriate for the achievement of the basic objective of the alignment of the powers conferred upon the commission to articles 290 and 291 of the treaty to lay down common rules on such alignment in the domain of transport statistics . this regulation does not go beyond what is necessary in order to achieve that objective , in accordance with article 5 of the treaty on the european union .


### when placing a non - automatic weighing instrument on the market , every importer should indicate on the non - automatic weighing instrument his name and the address at which he can be contacted . exceptions should be provided for in cases where the size or nature of the non - automatic weighing instrument does not allow it . this includes cases where the importer should have to open the packaging to put his name and address on the instrument . ### when placing a non - automatic weighing instrument on the market , every importer should indicate on the non - automatic weighing instrument his name and the address at which he can be contacted .


### it is necessary to provide for transitional arrangements that allow making available on the market and putting into service non - automatic weighing instruments that have already been placed on the market in accordance with directive 2009 / 23 / ec . ### manufacturers and importers need to be given reasonable , but limited , time to exercise any rights under national rules in force before the date of application of national rules transposing this directive in order , for example , to sell their stocks of manufactured products . it is necessary to provide for transitional arrangements that allow making available on the market and putting into service non - automatic weighing instruments that have already been placed on the market in accordance with directive 2009 / 23 / ec .


### ' weighing instrument ' means&#160 ; a measuring instrument serving to determine the mass of a body by using the action of gravity on that body or serving&#160 ; to determine other mass - related magnitudes , quantities , parameters or characteristics ; ### ' weighing instrument ' means a measuring instrument serving to determine the mass of a body by using the action of gravity on that body ; a weighing instrument may also serve to determine other mass - related magnitudes , quantities , parameters or characteristics ;


### member states shall take all steps to ensure that instruments continue to conform to the requirements of this directive . ### member states shall take all steps to ensure that instruments bearing the ‘ ce’ conformity marking attesting conformity with the requirements of this directive continue to conform to those requirements .


### manufacturers shall ensure that the instrument is accompanied by instructions and information in a language which can be easily understood by consumers and other end - users , as determined by the member state concerned . ### manufacturers shall ensure that the instrument is accompanied by a copy of the eu declaration of conformity and instructions and information in a language which can be easily understood by consumers and other end - users , as determined by the member state concerned .


### importers shall ensure that the instrument is accompanied by instructions and information in a language which can be easily understood by consumers and other end - users , as determined by the member state concerned . ### importers shall ensure that the instrument is accompanied by a copy of the eu declaration of conformity and instructions and information in a language which can be easily understood by consumers and other end - users , as determined by the member state concerned .


### manufacturers shall indicate their name , registered trade name or registered trade mark and the address at which they can be contacted on the instrument or , where that is not possible , on its packaging or in a document accompanying the instrument . the address must indicate a single point at which the manufacturer can be contacted . ### manufacturers shall indicate their name , registered trade name or registered trade mark and the address at which they can be contacted on the instrument . the address must indicate a single point at which the manufacturer can be contacted .


### importers shall indicate their name , registered trade name or registered trade mark and the address at which they can be contacted on the vessel or , where that is not possible , on its packaging or in a document accompanying the vessel . ### importers shall indicate their name , registered trade name or registered trade mark and the address or , where appropriate , the web address of the importer , at which they can be contacted on the vessel or , where that is not possible , on its packaging or in a document accompanying the vessel .


### proper implementation of some of the features of this directive , such as means of redress , compliance with charging principles and reporting obligations require supervision by independent authorities competent on the re - use of public sector information . to ensure consistency between approaches at union level , coordination between the independent authorities should be encouraged , particularly through exchange of information on best practices and data re - use policies . ### proper implementation of some of the features of this directive , such as means of redress , compliance with charging principles and reporting obligations require supervision by independent authorities competent on the re - use of public sector information . to ensure consistency between approaches at union level , coordination between the independent authorities should be encouraged , particularly through exchange of information on best practices and data re - use policies . where implementation results in conflict , recourse can be made to national ombudsmen systems or the european ombudsman .


### over the last decade , environmental issues , such as resource efficiency , biodiversity , climate change , and disaster risks , have become more important in policy making and should therefore also constitute critical elements in assessment and decision - making processes , especially for infrastructure projects . ### over the last decade , environmental issues , such as resource efficiency and sustainability , biodiversity protection , combating climate change , and natural and man - made disaster risks , have become more important in policy making . they should therefore also constitute critical elements in the assessment and decision - making processes for any public or private project likely to have a significant impact on the environment , especially for infrastructure projects .


### in its communication entitled ‘ roadmap to a resource efficient europe’ , the commission committed itself to including broader resource efficiency considerations in the context of the revision of directive 2011 / 92 / eu . ### in its communication entitled ‘ roadmap to a resource efficient europe’ , the commission committed itself to including broader resource efficiency and sustainability considerations in the context of the revision of directive 2011 / 92 / eu .


### with a view to ensuring transparency and accountability , the competent authority should be required to substantiate its decision to grant development consent in respect of a project , indicating that it has taken into consideration the results of the consultations carried out and the relevant information gathered . ### with a view to ensuring transparency and accountability , the competent authority should be required to substantiate comprehensively and in detail its decision to grant development consent in respect of a project , indicating that it has taken into consideration the results of the consultations carried out with the public concerned and all the relevant information gathered . should that condition not be met , the public concerned should have the right to appeal against the decision .