### compliant and trustworthy economic operators should , as ‘ authorised economic operators’ , be able to take maximum advantage of widespread use of simplification and , taking account of security and safety aspects , benefit from reduced levels of customs control . they may thus enjoy the status of authorised economic operator for customs simplifications or the status of authorised economic operator for security and safety . they may be granted one or other status , or both together . ### compliant and trustworthy economic operators who help to secure the customs clearance chain and the european union ' s financial interests should , as ' authorised economic operators ' , be able to take maximum advantage of widespread use of simplification and , taking account of security and safety aspects , should enjoy practical benefits including reduced levels of customs control . they may thus enjoy the status of authorised economic operator for customs simplifications or the status of authorised economic operator for security and safety . they may be granted one or other status , or both together .


### ‘ declaration for temporary storage’ means the act whereby a person indicates , in the prescribed form and manner , that goods are placed or intended to be placed under that procedure ; ### ‘ declaration for temporary storage’ means the act whereby a person indicates , in the prescribed form and manner , that goods are or are intended to be in temporary storage ;


### the cases where the requirement for the declarant to be established in the customs territory of the union is waived in accordance with article 21 ; ### identification of the customs authority competent for the granting of such status and authorisations ;


### where the customs debt is incurred as the result of an act which , at the time it was committed , was liable to give rise to criminal court proceedings , the three year period laid down in paragraph 1 shall be extended to a period of ten years . ### where the customs debt is incurred as the result of an act which , at the time it was committed , was liable to give rise to criminal court proceedings , the three year period laid down in paragraph 1 shall be extended to a period of five years .


### where an appeal is lodged under article 37 , the periods laid down in paragraphs 1 and 2 shall be suspended , for the duration of the appeal proceedings , from the date on which the appeal is lodged . ### periods laid down in paragraphs 1 and 2 shall be suspended for the time period referred to in article 24 , paragraph 4 . where an appeal is lodged under article 37 , the periods laid down in paragraphs 1 and 2 of this article shall be suspended , for the duration of the appeal proceedings , from the date on which the appeal is lodged .


### the person presenting the goods shall make a reference to the entry summary declaration or customs declaration which has been lodged in respect of the goods , except where the lodging of such declaration is not required . ### the person presenting the goods shall make a reference to the entry summary declaration or customs declaration or declaration for temporary storage which has been lodged in respect of the goods , except where the lodging of an entry summary declaration is not required .


### where non - union goods presented to customs are not covered by an entry summary declaration , and except where the lodging of such declaration is not required , the holder of the goods shall lodge such a declaration or a customs declaration replacing it immediately . ### where non - union goods presented to customs are not covered by an entry summary declaration , and except where the lodging of such declaration is not required , one of the persons referred to in article 114 shall immediately lodge an entry summary declaration or a customs declaration or a declaration for temporary storage replacing the entry summary declaration .


### formalities after presentation ### temporary storage of goods


### obligation to place non - union goods under a customs procedure ### obligation to place goods in temporary storage under a customs procedure


### without prejudice to articles 167 , 168 and 169 non - union&#160 ; goods presented to customs shall be placed under a customs procedure . ### non - union&#160 ; goods in temporary storage shall be placed under a customs procedure or re - exported within a specific time - limit .


### except as otherwise provided , the declarant shall be free to choose the customs procedure under which he wishes to place the goods , under the conditions for that procedure , irrespective of their nature or quantity , or their country of origin , consignment or destination . ### except where otherwise provided , the declarant shall be free to choose the customs procedure under which he wishes to place the goods , under the conditions for that procedure , irrespective of their nature or quantity , or their country of origin , consignment or destination .


### all goods intended to be placed under a customs procedure , except for the free zone and the temporary storage procedures , shall be covered by a customs declaration appropriate for the particular procedure . ### all goods intended to be placed under a customs procedure , except for the free zone procedure , shall be covered by a customs declaration appropriate for the particular procedure .


### the customs authorities may authorise a person to lodge , at the customs office responsible for the place where he is established a customs declaration for goods which are presented to customs at another customs office . in such cases , the customs debt shall be deemed to be incurred at the customs office at which the customs declaration is lodged . ### the customs authorities may authorise an authorized economic operator authorised under points and of article 21 to lodge , at the customs office responsible for the place where he is established a customs declaration for goods which are presented to customs at another customs office . in such cases , the customs debt shall be deemed to be incurred at the customs office at which the customs declaration is lodged .


### the customs authorities may authorise a person to lodge at the customs office responsible for the place where he is established a customs declaration for goods which are presented to customs at another customs office . in such cases , the customs debt shall be deemed to be incurred at the customs office at which the customs declaration is lodged . ### customs authorities may authorise a person to lodge , or make available , at the customs office responsible for the place where he is established a customs declaration for goods which are presented to customs at another customs office . in such cases , the customs debt shall be deemed to be incurred at the customs office at which the customs declaration is lodged or made available .


### the customs office at which the customs declaration is lodged shall carry out the formalities for the verification of the declaration , and the recovery of the amount of import or export duty corresponding to any customs debt . ### the customs office at which the customs declaration is lodged or made available shall carry out the formalities for the verification of the declaration , the recovery of the amount of import or export duty corresponding to any customs debt and for granting release of the goods . information received from that office .


### the customs office at which the goods are presented shall , without prejudice to its own controls , carry out any examination justifiably requested by the customs office at which the customs declaration has been is lodged . ### the customs office at which the goods are presented shall , without prejudice to its own controls for security and safety purposes , carry out any examination justifiably requested by the customs office at which the customs declaration is lodged or made available and shall allow release of the goods , taking into account information received from that office .


### storage , which shall comprise temporary storage , customs warehousing and free zones ; ### storage , which shall comprise customs warehousing and free zones ;


### the operation of storage facilities for the temporary storage or customs warehousing of goods , except where the storage facility operator is the customs authority itself . ### the operation of storage facilities for the customs warehousing of goods , except where the storage facility operator is the customs authority itself .


### the customs authorities may , where an economic need exists and customs supervision will not be adversely affected , authorise the storage of union goods in a storage facility for temporary storage or customs warehousing . those goods shall not be regarded as being under the temporary storage or customs warehousing procedure . ### the customs authorities may , where an economic need exists and customs supervision will not be adversely affected , authorise the storage of union goods in a storage facility for customs warehousing . those goods shall not be regarded as being under the customs warehousing procedure .


### ensuring that goods under the temporary storage or customs warehousing procedures are not removed from customs supervision ; ### ensuring that goods under customs warehousing procedures are not removed from customs supervision ;


### fulfilling the obligations arising from the storage of goods covered by the temporary storage or customs warehousing procedures ; ### fulfilling the obligations arising from the storage of goods covered by the customs warehousing procedures ;


### complying with the particular conditions specified in the authorisation for the operation of a customs warehouse or temporary storage facilities . ### complying with the particular conditions specified in the authorisation for the operation of a customs warehouse facilities .


### the holder of the procedure shall be responsible for fulfilling the obligations arising from the placing of the goods under the temporary storage or customs warehousing procedures . ### the holder of the procedure shall be responsible for fulfilling the obligations arising from the placing of the goods under the customs warehousing procedures .


### waste and scrap resulting from destruction of goods placed under the end - use procedure shall be deemed to be placed under the temporary storage procedure . ### waste and scrap resulting from destruction of goods placed under the end - use procedure shall be deemed to be in temporary storage .


### goods under the temporary storage procedure which are directly re - exported from a temporary storage facility ### goods in temporary storage which are directly re - exported from a temporary storage facility .


### regulation no [ … ] / 2012 of [ … ] laying down common provisions on the european regional development fund , the european social fund , the cohesion fund , the european agricultural fund for rural development and the european maritime and fisheries fund covered by the common strategic framework and laying down general provisions on the european regional development fund , the european social fund and the cohesion fund and repealing regulation no 1083 / 2006 [ common provisions regulation - cpr ] establishes a new framework for the action of the structural funds and the cohesion fund . it is necessary to specify the objectives of the cohesion fund in relation to the new framework for its action and in relation to the purpose assigned to it in the treaty . ### regulation no [ … ] / 2012 of [ … ] laying down common provisions on the european regional development fund , the european social fund , the cohesion fund , the european agricultural fund for rural development and the european maritime and fisheries fund covered by the common strategic framework and laying down general provisions on the european regional development fund , the european social fund and the cohesion fund and repealing regulation no 1083 / 2006 [ common provisions regulation - cpr ] establishes a new framework for the action of the structural funds and the cohesion fund . it is necessary to specify the objectives of the cohesion fund in relation to the new framework for its action and in relation to the purpose assigned to it in the treaty . synergies should also be fostered between the cohesion fund and other eu instruments and programmes , relevant to transport , energy , climate , and environmental policy


### the union may , through the cohesion fund , contribute to actions in pursuit of the union ' s environmental objectives specified in articles 11 and 191 of the treaty . ### the union should , through the cohesion fund , also contribute to actions in pursuit of the union ' s environmental objectives specified in articles 11 and 191 of the treaty .


### trans - european transport network projects financed by the cohesion fund are to comply with the guidelines adopted by decision no 661 / 2010 / eu of the european parliament and of the council of 7 july 2010 on union guidelines for the development of the trans - european transport network . in order to concentrate efforts , priority should be given to projects of common interest as defined in that decision . ### trans - european transport network projects financed by the cohesion fund are to comply with the guidelines set out in regulation no [ . . . . ] / 20121 on union guidelines for the development of the trans - european transport network . in order to concentrate efforts , priority should be given to projects of common interest as defined in that decision . ______________ 1 oj l …


### this regulation lays down rules to determine the phytosanitary risks posed by any species , strain or biotype of pathogenic agents , animals or parasitic plants injurious to plants or plant products and measures to reduce those risks to an acceptable level . ### this regulation lays down rules regarding phytosanitary inspections and other official measures by the member state authorities for the purpose of identifying the phytosanitary risks posed by any species , strain or biotype of pathogenic agents , animals or parasitic plants injurious to plants or plant products and phytosanitary measures necessary to prevent the entry of pests from other member states or third countries .


### where the presence of a union quarantine pest is officially confirmed , the competent authority shall immediately take all necessary measures to eliminate that pest in the area concerned and to prevent its spread out of that area . those measures shall be adopted in accordance with annex iv on measures and principles for the management of the risks of pests . ### where the presence of a union quarantine pest is officially confirmed , the competent authority shall immediately take all necessary measures to eliminate that pest , if possible , from the area concerned or , where eradication is not possible , to prevent its spread out of that area . those measures shall be adopted in accordance with annex iv on measures and principles for the management of the risks of pests .


### where the presence of a priority pest is officially confirmed in the territory of a member state pursuant to article 11 , the competent authority shall immediately adopt a plan setting out the measures for the eradication of the pest concerned , as provided for in articles 16 , 17 and 18 , and a time schedule for the application of those measures . that plan is referred to as the ' eradication plan . ### where the presence of one or more priority pests is officially confirmed in the territory of a member state pursuant to article 11 , the competent authority shall immediately adopt a plan setting out the measures for the eradication of the pest concerned , as provided for in articles 16 , 17 and 18 , and a time schedule for the application of those measures . that plan is referred to as the ' eradication plan .


### a pest shall be referred to as a ' union quality pest ' if it fulfils the following conditions and it is included in the list referred to in article 37 : ### a pest shall be referred to as a ' regulated union non - quarantine pest ' if it fulfils the following conditions and it is included in the list referred to in article 37 :


### it supplies exclusively small , as appropriate to the plants , plant products and other objects concerned , quantities of plants , plant products and other objects to final users , by other means than sales through distance contracts ; ### it supplies exclusively small , as appropriate to the plants other than plants for planting , plant products and other objects concerned , quantities of plants other than plants for planting , plant products and other objects to final users , by other means than sales through distance contracts ;


### the member states shall lay down the rules on penalties applicable to infringements of this regulation and shall take all measures necessary to ensure that they are implemented . the penalties provided for must be effective , proportionate and dissuasive . ### the member states shall lay down the rules on penalties applicable to infringements of this regulation and shall take all measures necessary to ensure that they are implemented . the penalties provided for must be effective , proportionate to the extent of the financial loss and phytosanitary damage incurred throughout the union’s territory , and dissuasive .


### economic impacts : the pest has the potential to cause major losses in terms of the direct and indirect effects referred to in point of section i for crops with a total annual production value for the union territory of at least eur 1 billion . ### economic impacts : the pest has the potential to cause major losses in terms of the direct and indirect effects referred to in point of section 1 for crops in the union territory .


### plants for planting from third countries shall be considered likely to pose phytosanitary risks for the union territory , as referred to in article 47 , where those plants for planting fulfil at least three of the following conditions , including at least one of the conditions provided in points , and : ### plants for planting from third countries shall be considered likely to pose phytosanitary risks for the union territory , as referred to in article 47 , where those plants for planting fulfil at least one of the following conditions :


### surveillance , visual examination , sampling , laboratory testing of plants , plant products and other objects for the presence of quarantine pests , including through subjection to quarantine procedures . ### surveillance , visual examination , sampling , laboratory testing of plants , plant products and other objects for the presence of quarantine pests , including through subjection to quarantine procedures and pre - shipment inspections in third countries .


### measures taken to manage the risk of a pest shall be technically justified on the basis of conclusions reached by using an appropriate risk analysis or , where applicable , another comparable examination and evaluation of available scientific information . those measures should reflect , and , where appropriate , be modified or removed to reflect new or updated risk analysis or relevant scientific information . ### measures taken to manage the risk of a pest shall be technically justified on the basis of conclusions reached by using an appropriate risk analysis or , where applicable , another comparable examination and an efsa supervised evaluation of available scientific information . those measures should reflect , and , where appropriate , be modified or removed to reflect new or updated risk analysis or relevant scientific information .


### proposal for a regulation of the european parliament and of the council on the prevention and correction of macroeconomic imbalances ### proposal for a regulation of the european parliament and of the council on the prevention and correction of macroeconomic and social imbalances


### there is a need to build upon the experience gained during the first decade of functioning of economic and monetary union . ### there is a need to build upon the experience gained during the first decade of functioning of the economic and monetary union regarding macroeconomic and social imbalances .


### in particular , surveillance of the economic policies of the member states should be broadened beyond budgetary surveillance to prevent excessive macroeconomic imbalances and help the member states affected devise corrective plans before divergences become entrenched . this broadening of the economic surveillance framework should go in parallel with deepening of fiscal surveillance . ### in particular , surveillance of the economic policies of the member states should be broadened beyond budgetary surveillance to prevent excessive macroeconomic and social imbalances , help the member states affected devise corrective plans before divergences become entrenched , promote mutually reinforcing development strategies and facilitate monitoring the progress towards the union’s growth and jobs objectives . this broadening of the economic surveillance framework should go in parallel with deepening of fiscal surveillance .


### to help address such imbalances , a procedure laid down in detail in legislation is necessary . ### to help address such imbalances , a more integrated economic and social approach and a procedure laid down in detail in legislation is necessary .


### it is appropriate to supplement the multilateral surveillance referred to in article 121 and of the treaty with specific rules for detection , prevention and correction of macroeconomic imbalances . ### it is appropriate to supplement the multilateral surveillance referred to in article 121 and tfeu with specific rules for detection , prevention and correction of macroeconomic imbalances that include incentives as well as fines .


### this procedure should rely on an alert mechanism for early detection of emerging macroeconomic imbalances . it should be based on use of an indicative and transparent scoreboard combined with economic judgment . ### this procedure should rely on an alert mechanism for early detection of emerging macroeconomic and social imbalances . it should be based on use of an indicative and transparent scoreboard combined with economic and social judgment .


### the scoreboard should consist of a limited set of economic and financial indicators relevant to detection of macroeconomic imbalances , with corresponding indicative thresholds . the composition of the scoreboard may evolve in time , inter alia due to evolving threats to macroeconomic stability or enhanced availability of relevant statistics . ### the scoreboard should consist of a limited set of real and nominal economic , social and financial indicators relevant to detection of macroeconomic and social imbalances , with corresponding indicative thresholds . the composition of the scoreboard should be amended by way of delegated acts , if needed , inter alia due to evolving threats to macroeconomic and social stability or enhanced availability of relevant statistics .


### the crossing of one or more indicative thresholds need not necessarily imply that macroeconomic imbalances are emerging , as economic policy - making should take into account inter - linkages between macroeconomic variables . economic judgment should ensure that all pieces of information , whether from the scoreboard or not , are put in perspective and become part of a comprehensive analysis . ### the crossing of one or more indicative thresholds need not necessarily imply that macroeconomic or social imbalances are emerging , as economic policy - making should take into account inter - linkages between macroeconomic and social variables as well as the moment of the economic cycle an economy finds itself in . economic judgment should ensure that all pieces of information , whether from the scoreboard or not , are put in perspective and become part of a comprehensive analysis .


### based on the multilateral surveillance procedure and the alert mechanism , the commission should identify the member states to be subject to an in - depth review . the in - depth review should encompass a thorough analysis of sources of imbalances in the member state under review . it should be discussed within the council and the euro group for the member states whose currency is the euro . ### based on the multilateral surveillance procedure and the alert mechanism , the commission should identify the member states to be subject to an in - depth review . the in - depth review should encompass a thorough analysis of sources of imbalances in the member state under review . it should be built on a detailed investigation of a broad range of economic variables and should acknowledge the national specificities regarding industrial relations and social dialogue . it should be discussed within the council and the euro group for the member states whose currency is the euro .


### based on the multilateral surveillance procedure and the alert mechanism , the commission should identify the member states to be subject to an in - depth review . the in - depth review should encompass a thorough analysis of sources of imbalances in the member state under review . it should be discussed within the council and the euro group for the member states whose currency is the euro . ### based on the multilateral surveillance procedure and the alert mechanism , the commission should identify the member states to be subject to an in - depth review . the in - depth review should encompass a thorough analysis of sources of internal and external imbalances in the member state under review as well as in the euro area . it should be discussed within the european parliament , the council and the euro group for the member states whose currency is the euro .


### a procedure to monitor and correct adverse macroeconomic imbalances , with preventive and corrective elements , will require enhanced surveillance tools based on those used in the multilateral surveillance procedure . this may include enhanced surveillance missions by the commission to member states and additional reporting by the member state in case of severe imbalances , including imbalances that jeopardise the proper functioning of the economic and monetary union . ### a procedure to monitor and correct adverse macroeconomic and social imbalances , with preventive and corrective elements , will require enhanced surveillance tools based on those used in the multilateral surveillance procedure and analysing the impact of employment on the macro - economic situation based on the joint assessment framework including the employment performance monitor . this may include enhanced surveillance missions by the commission to member states and additional reporting by the member state in case of severe imbalances , including imbalances that jeopardise the proper functioning of the economic and monetary union or social cohesion .


### when assessing imbalances , account should be taken of their severity , of the degree to which they may be considered unsustainable and of the potential negative economic and financial spillovers to other member states . the economic adjustment capacity and the track record of the member state concerned as regards compliance with earlier recommendations issued under this regulation and other recommendations issued under article 121 of the treaty as part of multilateral surveillance , in particular the broad guidelines for the economic policies of the member states and of the union , should also be considered . ### when assessing imbalances , account should be taken of their severity , of the degree to which they may be considered unsustainable and particularly of the potential negative economic , social and financial spillovers to other member states . the economic adjustment capacity and the track record of the member state concerned as regards compliance with earlier recommendations issued under this regulation and other recommendations issued under articles 121 and 148 tfeu as part of multilateral surveillance , in particular the broad guidelines for the economic policies of the member states and of the union and the guidelines for the employment policies of the member states , should also be considered .


### if macroeconomic imbalances are identified , recommendations should be addressed to the member state concerned to provide guidance on appropriate policy responses . the policy response of the member state concerned to imbalances should be timely and should use all available policy instruments under the control of public authorities . it should be tailored to the specific environment and circumstances of the member state concerned and cover the main economic policy areas , potentially including fiscal and wage policies , labour markets , product and services markets and financial sector regulation . ### if macroeconomic imbalances are identified , recommendations should be addressed to the member state concerned to provide guidance on appropriate policy responses . the policy response of the member state concerned to imbalances should be timely and should use all relevant policy instruments under the control of public authorities . it should be based on a thorough dialogue with social partners and other national stakeholders and should fully take into account the restrictions that the fundamental rights of these actors place on government action . it should be tailored to the specific environment and circumstances of the member state concerned and cover the main economic policy areas , potentially including fiscal policies , labour markets , product and services markets and financial sector regulation


### if macroeconomic imbalances are identified , recommendations should be addressed to the member state concerned to provide guidance on appropriate policy responses . the policy response of the member state concerned to imbalances should be timely and should use all available policy instruments under the control of public authorities . it should be tailored to the specific environment and circumstances of the member state concerned and cover the main economic policy areas , potentially including fiscal and wage policies , labour markets , product and services markets and financial sector regulation . ### if macroeconomic and social imbalances are identified , recommendations should be addressed to the member state concerned to provide guidance on appropriate policy responses . the policy response of the member state concerned to imbalances should be timely and should use all available policy instruments under the control of public authorities . it should be tailored to the specific environment and circumstances of the member state concerned and cover the main economic policy areas , potentially including fiscal and taxation policies , labour markets , product and services markets and financial sector regulation . it should be undertaken in respect of article 9 tfeu , and with a view to the promotion of a high level of employment , the guarantee of adequate social protection and the fight against social exclusion .


### the early warnings and recommendations by the european systemic risk board to member states or the union address risks of a macrofinancial nature . these may also warrant appropriate follow - up action in the context of the surveillance of imbalances . ### the early warnings and recommendations by the european systemic risk board to member states or the union address only risks of a macrofinancial nature . these may also warrant appropriate follow - up action in the context of the surveillance of imbalances .


### if severe macroeconomic imbalances are identified , including imbalances that jeopardise the proper functioning of economic and monetary union , an excessive imbalance procedure should be initiated that may include issuing recommendations to the member state , enhanced surveillance and monitoring requirements and in respect of member states whose currency is the euro , the possibility of enforcement in accordance with regulation no [ … / … ] in the event of sustained failure to take corrective action . ### if severe macroeconomic and social imbalances are identified , including imbalances that jeopardise the proper functioning of economic and monetary union or social cohesion , an excessive imbalance procedure should be initiated that may include issuing recommendations to the member state , enhanced surveillance and monitoring requirements and in respect of member states whose currency is the euro , the possibility of enforcement in accordance with regulation no [ … / … ] in the event of sustained failure to take corrective action .


### any member state placed under the excessive imbalance procedure should establish a corrective action plan setting out details of its policies designed to implement the council recommendations . the corrective action plan should include a timetable for implementation of the measures envisaged . it should be endorsed by the council on a report from the commission . ### any member state placed under the excessive imbalance procedure should establish a corrective action plan setting out details of its policies designed to implement the council recommendations . the corrective action plan should reflect the nature of the imbalances , be restricted to policy aspects under the legitimate control of government authorities and include a timetable for implementation of the measures envisaged . it should be endorsed by the council on a report from the commission .


### any member state placed under the excessive imbalance procedure should establish a corrective action plan setting out details of its policies designed to implement the council recommendations . the corrective action plan should include a timetable for implementation of the measures envisaged . it should be endorsed by the council on a report from the commission . ### any member state placed under the excessive imbalance procedure should establish a corrective action plan setting out details of its policies designed to implement the council recommendations . the corrective action plan should include a timetable for implementation of the measures envisaged . it should be endorsed by the council on a report from the commission and after consulting the european parliament .


### since an effective framework for detection and prevention of macroeconomic imbalances cannot be sufficiently achieved by the member states because of the deep trade and financial inter - linkages between member states and the spillover effect of national economic policies on the union and the euro area as a whole and can be better achieved at union level , the union may adopt measures in accordance with the principle of subsidiarity , as set out in article 5 of the treaty on european union . in accordance with the principle of proportionality , as set out in the same article , this regulation does not go beyond what is necessary to achieve those objectives , ### since an effective framework for detection and prevention of macroeconomic and social imbalances cannot be sufficiently achieved by the member states because of the deep trade and financial inter - linkages between member states and the spillover effect of national economic policies on the union and the euro area as a whole and can be better achieved at union level , the union may adopt measures in accordance with the principle of subsidiarity , as set out in article 5 of the treaty on european union . in accordance with the principle of proportionality , as set out in the same article , this regulation does not go beyond what is necessary to achieve those objectives ,


### this regulation sets out detailed rules for the detection , prevention and correction of macroeconomic imbalances within the union . ### this regulation sets out detailed rules for the detection , prevention and correction of macroeconomic and social imbalances within the union .


### ' imbalances ' means macroeconomic developments which are adversely affecting , or have the potential adversely to affect , the proper functioning of the economy of a member state or of economic and monetary union , or of the union as a whole . ### ' imbalances ' means macroeconomic or social developments which are adversely affecting , or have the potential adversely to affect , the proper functioning of the economy of , or the social cohesion in , a member state , the euro area , or the union as a whole .


### the commission shall regularly assess the appropriateness of the scoreboard , including the composition of indicators , the thresholds set and the methodology used , and shall adapt it if necessary to preserve or enhance its capability to detect emerging imbalances and monitor their development . changes in the underlying methodology and composition of the scoreboard and the associated thresholds shall be made public . ### the commission shall regularly assess the appropriateness of the scoreboard , including the composition of indicators , the thresholds set and the methodology used , and shall adapt it if necessary to preserve or enhance its capability to detect emerging imbalances and monitor their development .


### the release of the updated scoreboard shall be accompanied by a commission report containing an economic and financial assessment putting the movement of the indicators into perspective , drawing if necessary on any other economic and financial indicator relevant to detection of imbalances . the report shall also indicate whether the crossing of lower or upper thresholds in one or more member states signifies the possible emergence of imbalances . ### the release of the updated scoreboard shall be accompanied by a commission report containing an economic , social and financial assessment putting the movement of the indicators into perspective , drawing if necessary on any other economic , social and financial indicator relevant to detection of imbalances . the report shall also indicate whether the crossing of lower or upper thresholds in one or more member states signifies the possible emergence of imbalances .


### as part of the multilateral surveillance in accordance with article 121 of the treaty , the council shall discuss and adopt conclusions on the commission report . the euro group shall discuss the report as far as it relates , directly or indirectly , to member states whose currency is the euro . ### as part of the multilateral surveillance in accordance with article 121 tfeu and of the examination of the implementation of the employment policies in accordance with article 148 tfeu , the council shall discuss and adopt conclusions on the commission report after consulting the employment committee and the social partners . the euro group shall discuss the report as far as it relates , directly or indirectly , to member states whose currency is the euro .


### taking account of the discussions in the council and the euro group , as provided for in article 4 , the commission shall prepare an in - depth review for each member state it considers affected by , or at risk of , imbalances . this assessment shall include an evaluation of whether the member state in question is affected by imbalances , and of whether these imbalances constitute excessive imbalances . ### taking account of the discussions in the council and the euro group , as provided for in article 4 , the commission shall prepare an in - depth review for each member state it considers affected by , or at risk of , imbalances . this assessment shall include an evaluation of whether the member state in question is affected by imbalances , and of whether these imbalances constitute excessive imbalances . the in - depth review should be built on a detailed investigation of a broad range of economic variables and should acknowledge the national specificities regarding industrial relations and social dialogue .


### as appropriate , whether the member state under review has taken appropriate action in response to council recommendations or invitations adopted in accordance with articles 121 and 126 of the treaty and under articles 6 , 7 , 8 and 10 of this regulation ; ### as appropriate , whether the member state under review has taken appropriate action in response to council recommendations or invitations adopted in accordance with articles 121 , 126 and 148 tfeu and under articles 6 , 7 , 8 and 10 of this regulation ;


### if , on the basis of its in - depth review referred to in article 5 of this regulation , the commission considers that a member state is experiencing imbalances , it shall inform the council accordingly . the council , on a recommendation from the commission , may address the necessary recommendations to the member state concerned , in accordance with the procedure set out in article 121 of the treaty . ### if , on the basis of its in - depth review referred to in article 5 of this regulation , the commission considers that a member state is experiencing imbalances , it shall inform the european parliament and the council accordingly . the council , on a recommendation from the commission and after consulting the european parliament , may address the necessary recommendations to the member state concerned , in accordance with the procedure set out in article 121 tfeu .


### the council shall inform the european parliament of its recommendations . the council recommendations shall be made public . ### the council shall inform the national parliaments of its recommendations . the council recommendations shall be made public .


### if , on the basis of the in - depth review referred to in article 5 , the commission considers that the member state concerned is affected by excessive imbalances , it shall inform the council accordingly . ### if , on the basis of the in - depth review referred to in article 5 , the commission considers that the member state concerned is affected by excessive imbalances , it shall inform the european parliament and the council accordingly .


### the council , on a recommendation from the commission , may adopt recommendations in accordance with article 121 of the treaty declaring the existence of an excessive imbalance and recommending the member state concerned to take corrective action . those recommendations shall set out the nature of the imbalances and specify the corrective action to be taken in detail and the deadline within which the member state concerned must take such corrective action . the council may , as provided for in article 121 of the treaty , make its recommendations public . ### the council , on a recommendation from the commission after consulting the european parliament , may adopt recommendations in accordance with article 121 tfeu declaring the existence of an excessive imbalance and recommending the member state concerned to take corrective action . those recommendations shall set out the nature of the imbalances and specify the corrective action to be taken in detail and the deadline within which the member state concerned must take such corrective action . the council may , as provided for in article 121 tfeu , make its recommendations public .


### any member state for which an excessive imbalance procedure is opened shall submit a corrective action plan to the council and the commission within a deadline to be defined in the recommendations in accordance with article 7 . the corrective action plan shall set out the specific and concrete policy actions the member state concerned has implemented or intends to implement and shall include a timetable for implementation thereof . ### any member state for which an excessive imbalance procedure is opened shall submit a corrective action plan to the council and the commission within a deadline to be defined in the recommendations in accordance with article 7 . the corrective action plan shall make use of all relevant policy instruments under the control of public authorities , taking into account the fundamental rights of citizens , social partners and other national stakeholders . the plan shall set out the specific and concrete policy actions the member state concerned has implemented or intends to implement and shall include a timetable for implementation thereof .


### if economic circumstances change , the council , on a recommendation from the commission , may amend the recommendations adopted under article 7 in accordance with the procedure laid down in the same article . the member state concerned shall submit a revised corrective action plan that shall be assessed in accordance with the procedure laid down in article 8 . ### if economic circumstances change , the council , on a recommendation from the commission and after consulting the european parliament , may amend the recommendations adopted under article 7 in accordance with the procedure laid down in the same article . the member state concerned shall submit a revised corrective action plan that shall be assessed in accordance with the procedure laid down in article 8 .


### the european aviation safety agency carries out on behalf of the member states the functions and tasks of the state of design , manufacture and registry when related to design approval , as specified in the chicago convention and its annexes , and therefore should be represented during a safety investigation to contribute to its efficiency and to ensure safety of aircraft design , without affecting the independent status of the investigation . ### the european aviation safety agency carries out on behalf of the member states the functions and tasks of the state of design , manufacture and registry when related to design approval , as specified in the chicago convention and its annexes , and therefore , without prejudice to the provisions of annex 13 of the convention , should be represented during a safety investigation to contribute to its efficiency and to ensure safety of aircraft design , as well as the independent status of the investigation .


### the civil aviation safety system is based on feedback and lessons learned from accidents and incidents which require strict application of confidentiality to ensure the future availability of valuable sources of information ; in this context sensitive safety information should not be used for purposes other than prevention of accidents and incidents unless there is an overriding public interest in its disclosure . ### the civil aviation safety system is based on feedback and lessons learned from accidents and incidents which require strict application of confidentiality and data protection to ensure the future availability of valuable sources of information . in this connection it is necessary to apply the principle of ' a just culture ' under which penalties are not imposed on individuals for actions , omissions or decisions conditioned by their experience and training , while at the same time , gross negligence , wilful violations and destructive acts are not tolerated . in this context sensitive safety information should not be used for purposes other than prevention of accidents and incidents unless there is an overriding public interest in its disclosure . while certain information must remain confidential , for the sake of the families of the victims and the proper administration of justice , it is important to ensure that judicial authorities have access to certain facts and data of relevance to the legal investigation . this must be done in accordance with the relevant instructions issued to protect the continued confidentiality of the information once the judicial authorities have completed their investigations .


### this regulation aims to improve aviation safety by ensuring a high level of efficiency and quality of european civil aviation safety investigations , the sole objective of which is the prevention of future accidents and incidents without apportioning blame or liability . ### this regulation , and in particular the creation of a network of accident investigation authorities , aims to improve aviation safety by ensuring a high level of efficiency , diligence , and quality of european civil aviation safety investigations , through the exchange of ideas and knowledge between members of the network , the sole objective of which is the prevention of future accidents and incidents without apportioning blame or liability . this regulation seeks also to establish rules concerning the availability of lists of all persons on board aircraft involved in accidents and to improve the assistance given to air accident victims and their families .


### the commission and easa shall be invited and may be represented at all the meetings of the network and its expert working groups , unless the chairperson of the network decides , on the basis of the criteria specified in the rules of procedure , that such participation would create a conflict of interest with the tasks of the safety investigation authorities . ### the commission and easa shall be invited and may be represented at all the meetings of the network and its expert working groups , unless the chairperson or coordinator of the network decides , on the basis of the criteria specified in the rules of procedure , that such participation would create a conflict of interest with the tasks of the safety investigation authorities . this decision must be duly substantiated .


### the head of the safety investigation authority is authorised to inform victims and their families or their associations or , make public any information on the factual observations and the proceedings of the safety investigation and possibly preliminary conclusions and / or recommendations , provided that it does not compromise the objectives of the investigation . ### the head of the safety investigation authority is authorised to inform victims and their families or their associations or , make public any information on the factual observations and the proceedings of the safety investigation and possibly preliminary conclusions and / or recommendations , provided that it does not compromise the objectives of the investigation and fully complies with provisions regarding the protection of personal data .


### the list shall not be publicly available before all families of the passengers have been informed by the relevant authorities . member states may decide to keep the list confidential . ### the list shall not be publicly available before all families of the passengers have been informed by the relevant authorities and their agreement has been obtained . member states may decide to keep the list confidential .


### it is necessary to provide for transitional arrangements that allow making available on the market and putting into service of products that have already been placed on the market in accordance with directive 94 / 9 / 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 of products that have already been placed on the market in accordance with directive 94 / 9 / ec .


### the internet has developed over the past decades as an open platform for innovation with low access barriers for end - users , content and application providers and internet service providers . the existing regulatory framework aims at promoting the ability of end - users to access and distribute information or run applications and services of their choice . recently , however , the report of the body of european regulators for electronic communications on traffic management practices published in may 2012 and a study , commissioned by the executive agency for consumers and health and published in december 2012 , on the functioning of the market of internet access and provision from a consumer perspective , showed that a significant number of end - users are affected by traffic management practices which block or slow down specific applications . these tendencies require clear rules at the union level to maintain the open internet and to avoid fragmentation of the single market resulting from individual member states ' measures . ### the internet has developed over the past decades as an open platform for innovation with low access barriers for end - users , content and application providers and internet service providers . the existing regulatory framework aims at promoting the ability of end - users to access and distribute information or run applications and services of their choice . this ability is best ensured when all types of traffic are treated equally by providers of electronic communications to the public . recently , however , the report of the body of european regulators for electronic communications on traffic management practices published in may 2012 and a study , commissioned by the executive agency for consumers and health and published in december 2012 , on the functioning of the market of internet access and provision from a consumer perspective , showed that a significant number of end - users are affected by traffic management practices which block or slow down specific applications . these tendencies require clear rules at the union level to maintain the open internet and to avoid fragmentation of the single market resulting from individual member states ' measures .


### ‘ specialised service’ means an electronic communications service or any other service that provides the capability to access specific content , applications or services , or a combination thereof , and whose technical characteristics are controlled from end - to - end or provides the capability to send or receive data to or from a determined number of parties or endpoints ; and that is not marketed or widely used as a substitute for internet access service ; ### ‘ specialised service’ means an electronic communications service or any other service operated within closed electronic communications networks using the internet protocol with strict admission control that is not marketed or used as a substitute for internet access service ; and that is not functionally identical to services available over the public internet ;


### national regulatory authorities shall closely monitor and ensure the effective ability of end - users to benefit from the freedoms provided for in article 23 and , compliance with article 23 , and the continued availability of non - discriminatory internet access services at levels of quality that reflect advances in technology and that are not impaired by specialised services . they shall , in cooperation with other competent national authorities , also monitor the effects of specialised services on cultural diversity and innovation . national regulatory authorities shall report on an annual basis to the commission and berec on their monitoring and findings . ### national regulatory authorities shall closely monitor and ensure the effective ability of end - users to benefit from the freedoms provided for in article 23 and , compliance with article 23 and article 2 , and the continued availability of non - discriminatory internet access services at levels of quality that reflect advances in technology and that are not impaired by specialised services . they shall , in cooperation with other competent national authorities , also monitor the effects of specialised services on cultural diversity and innovation . national regulatory authorities shall report on an annual basis to the commission , berec and the public on their monitoring and findings .


### the commission may adopt implementing acts defining uniform conditions for the implementation of the obligations of national competent authorities under this article . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 33 . ### the commission shall adopt , after consultation with berec and other stakeholders , delegated acts defining uniform conditions for the obligations of national competent authorities under this article . those acts shall be adopted in accordance with article 32 .


### given the increasing usage of satellite navigation across a great number of fields of activity , an interruption in the supply of services could lead to significant harm to modern society . in addition , due to their strategic aspect , satellite navigation systems are sensitive infrastructures , that could be susceptible to malicious use . the abovementioned aspects could affect the security of the union and its member states . security requirements must therefore be taken into account in the design , implementation and operation of the infrastructures emerging from the galileo and egnos programmes . ### given the increasing usage of satellite navigation across a great number of fields of activity , an interruption in the supply of services could lead to significant harm to modern society . in addition , due to their strategic aspect , satellite navigation systems are sensitive infrastructures , that could be susceptible to malicious use . the abovementioned aspects could affect the security of the union and its member states . security requirements must therefore be taken into account in the design , implementation and operation of the infrastructures emerging from the galileo and egnos programmes . capabilities at member state level , as well as in the framework of the common security and defence policy , should be developed in order to prevent spoofing attacks against the encrypted public regulated service signal and to ensure the security of critical infrastructure .


### since the union is responsible , in principle , for financing the programmes in full , provision should be made for it to own all tangible and intangible assets created or developed under these programmes . in order to comply fully with any fundamental rights relating to ownership , the necessary arrangements with existing owners should be made , particularly for essential elements of the infrastructures and their security . in order to facilitate adoption of satellite navigation by the markets , there is a need to ensure that third parties can make optimum use in particular of the intellectual property rights arising from the programmes which belong to the union , in particular at social and economic level . ### since the union is responsible , in principle , for financing the programmes in full , the governance and operation of the european gnss should remain under civilian control within the union and provision should be made for it to own all tangible and intangible assets created or developed under these programmes . in order to comply fully with any fundamental rights relating to ownership , the necessary arrangements with existing owners should be made , particularly for essential elements of the infrastructures and their security . in order to facilitate adoption of satellite navigation by the markets , there is a need to ensure that third parties can make optimum use in particular of the intellectual property rights arising from the programmes which belong to the union , in particular at social and economic level .


### the deployment and exploitation phases of the galileo programme and the exploitation phase of the egnos programme should , in principle , be entirely financed by the union . however in accordance with regulation no 1605 / 2002 of 25 june 2002 on the financial regulation applicable to the general budget of the european communities , the member states should be able to provide additional funding to the programmes or a contribution in kind , on the basis of appropriate agreements , in order to fund additional programme elements requested by them , e . g . concerning the system architecture or particular security needs . third countries and international organisations should also be able to contribute to the programmes . ### the deployment and exploitation phases of the galileo programme and the exploitation phase of the egnos programme should , in principle , be entirely financed by the union . however in accordance with regulation no 1605 / 2002 of 25 june 2002 on the financial regulation applicable to the general budget of the european communities , the member states should be able to provide additional funding to the programmes or a contribution in kind , on the basis of appropriate agreements , in order to fund additional programme elements requested by them , e . g . concerning the system architecture or particular security needs . third countries and international organisations should also be able to contribute to the programmes , to the extent that the independence of the global navigation satellite system of the union is not affected .


### it is important to note that the investment and operating costs of the systems as estimated for the period 2014 - 2020 do not take account of unforeseen financial obligations which the union may be obliged to bear , in particular those relating to non - contractual liability arising from the public ownership of the systems , especially with regard to force majeure and catastrophic failure . these obligations are the subject of a specific analysis by the commission . ### it is important to note that the investment and operating costs of the systems as estimated for the period 2014 - 2020 do not take account of unforeseen financial obligations which the union may be obliged to bear , in particular those relating to non - contractual liability arising from the public ownership of the systems , especially with regard to force majeure and catastrophic failure . these obligations are the subject of a specific analysis by the commission and will be communicated to the council and the european parliament in due time .


### responsibility for the progress of the programmes includes , in particular , responsibility for their security and the security of their systems and operation . except in the case of application of joint action 2004 / 552 / cfsp of 12 july 2004 on aspects of the operation of the european satellite radio - navigation system affecting the security of the european union , which could be adapted if necessary to changes in the programmes , their governance and the lisbon treaty , the commission is responsible for security , even if certain security - related tasks are entrusted to the european gnss agency . it is the responsibility of the commission to establish mechanisms to ensure suitable coordination between the various entities responsible for security . ### responsibility for the progress of the programmes includes , in particular , responsibility for their security and the security of their systems and operation . except in the case of application of joint action 2004 / 552 / cfsp of 12 july 2004 on aspects of the operation of the european satellite radio - navigation system affecting the security of the european union , which could be adapted if necessary to changes in the programmes , their governance and the lisbon treaty , the commission is responsible for security , even if certain security - related tasks are entrusted to the european gnss agency . it is the responsibility of the commission to establish mechanisms to ensure suitable coordination between the various entities responsible for security , under the authority of the high representative of the union for foreign affairs and security policy .


### business - as - usual is therefore not an option . research and innovation , driven by policy objectives and focused on the key challenges , shall contribute substantially to achieve the union ' s targets of limiting global temperature increase to 2ºc , cutting 60 % of co2 emissions from transport , drastically reduce congestion and accident costs , and virtually eradicating road deaths by 2050 . ### business - as - usual is therefore not an option . research and innovation , driven by policy objectives and focused on the key challenges , shall contribute substantially to achieve the union ' s targets of limiting global temperature increase to 2ºc and cutting 60 % of co2 emissions from transport . in order to achieve those targets by 2050 , it is essential to lay down more specific , concrete provisions for the period up to 2020 . that requires , first and foremost , an ambitious reduction in emissions of co2 and other greenhouse gases from transport . such emission reductions will be determined for each mode of transport , in accordance with the 20 - 20 - 20 targets . research and innovation must also lead to the internalisation of external costs by 2020 , drastically reduce congestion and accident costs , and make every effort to make progress towards the target of zero fatalities in road transport by 2050 and halve the number of road deaths by 2020 .


### the problems of pollution , congestion , safety and security are common throughout the union and call for collaborative europe - wide responses . accelerating the development and deployment of new technologies and innovative solutions for vehicles , infrastructures and transport management will be key to achieve a cleaner and more efficient transport system in the union ; to deliver the results necessary to mitigate climate change and improve resource efficiency ; to maintain european leadership on the world markets for transport related products and services . these objectives cannot be achieved through fragmented national efforts alone . ### the problems of pollution , congestion , safety and security are common throughout the union and call for collaborative europe - wide responses . accelerating the development and deployment of new technologies and innovative solutions for vehicles , infrastructures and transport management will be key to achieve a cleaner , safer and more efficient transport system in the union ; to deliver the results necessary to mitigate climate change and improve resource efficiency ; to maintain european leadership on the world markets for transport related products and services . these objectives cannot be achieved through fragmented national efforts alone .


### the focus of activities shall be to reduce congestion , improve accessibility and match user needs by promoting integrated door - to - door transport and logistics ; to enhance inter - modality and the deployment of smart planning and management solutions ; and to drastically reduce the occurrence of accidents and the impact of security threats . ### the focus of activities shall be to reduce congestion , improve accessibility and match user needs by promoting integrated door - to - door transport and logistics ; to accelerate the uptake of intermodal solutions for passengers , to enhance inter - modality and the deployment of smart planning and management solutions ; and to drastically reduce the occurrence of accidents . and the impact of security threats


### the focus of activities shall be to reduce congestion , improve accessibility and match user needs by promoting integrated door - to - door transport and logistics ; to enhance inter - modality and the deployment of smart planning and management solutions ; and to drastically reduce the occurrence of accidents and the impact of security threats . ### the focus of activities shall be to reduce congestion , improve accessibility and match user needs by promoting integrated door - to - door transport and logistics ; to enhance inter - modality and the deployment of smart planning and management solutions ; adapting road infrastructure to unprotected road users and the needs of an ageing society ; identifying benefits that its and cooperative systems can bring for infrastructure safety management ; and to drastically reduce the occurrence of accidents and the impact of security threats .


### the lack of a harmonised approach on ingredients regulation affects the functioning of the internal market and impacts on the free movement of goods across the eu . some member states have adopted legislation or entered into binding agreements with the industry allowing or prohibiting certain ingredients . as a result , some ingredients are regulated in some member states , but not in others . member states are also taking different approaches as regards additives integrated in the filter of cigarettes as well as additives colouring the tobacco smoke . without harmonisation , the obstacles on the internal market are expected to increase in the coming years taking into account the implementation of the fctc and its guidelines and considering experience gained in other jurisdictions outside the union . the guidelines on articles 9 and 10 fctc call in particular for the removal of ingredients that increase palatability , create the impression that the tobacco products have health benefits , are associated with energy and vitality or have colouring properties . ### the lack of a harmonised approach on ingredients regulation affects the functioning of the internal market and impacts on the free movement of goods across the eu . some member states have adopted legislation or entered into binding agreements with the industry allowing or prohibiting certain ingredients . as a result , some ingredients are regulated in some member states , but not in others . member states are also taking different approaches as regards additives integrated in the filter of cigarettes as well as additives colouring the tobacco smoke . without harmonisation , the obstacles on the internal market are expected to increase in the coming years taking into account the implementation of the fctc and its guidelines and considering experience gained in other jurisdictions outside the union . the guidelines on articles 9 and 10 fctc call in particular for the removal of ingredients that increase palatability , create the impression that the tobacco products have health benefits , are associated with energy and vitality or have colouring properties . ingredients that increase addictiveness and toxicity should also be removed .


### in order to ensure independence and transparency , manufacturers of tobacco products should conclude data storage contracts with independent third parties , under the auspices of an external auditor . the data related to the tracking and tracing system should be kept separate from other company related data and be under the control of and accessible at all times by the competent authorities from member states and the commission . ### in order to ensure efficacy , independence and transparency , manufacturers of tobacco products should conclude data storage contracts with independent third parties , under the auspices of an external auditor . the data related to the tracking and tracing system should be kept separate from other company related data and be under the control of and accessible at all times by the competent authorities from member states and the commission .


### cross - border distance sales of tobacco facilitate access to tobacco products of young people and risk to undermine compliance with the requirements provided for by tobacco control legislation and in particular by this directive . common rules on a notification system are necessary to ensure that this directive achieves its full potential . the provision on notification of cross - border distance sales of tobacco in this directive should apply notwithstanding the notification procedure set out in directive 2000 / 31 / ec of the european parliament and of the council of 8 june 2000 on certain legal aspects of information society services . business to consumer distance sale of tobacco products is further regulated by directive 97 / 7 / ec of the european parliament and the council of 20 may 1997 on the protection of consumers in respect of distance contracts , which will be replaced by directive 2011 / 83 / eu of the european parliament and the council of 25 october 2011 on consumer rights , as of 13 june 2014 . ### cross - border distance sales of tobacco should be prohibited , as they facilitate young people ' s access to tobacco products , and risk undermining compliance with the requirements of this directive .


### member states shall require manufacturers and importers of tobacco products to submit to their competent authorities a list of all ingredients , and quantities thereof , used in the manufacture of the tobacco products by brand name and type , as well as their emissions and yields . manufacturers or importers shall also inform the competent authorities of the concerned member states if the composition of a product is modified affecting the information provided under this article . information required under this article shall be submitted prior to the placing of the market of a new or modified tobacco product . ### member states shall require manufacturers and importers of tobacco products , nicotine - containing products and herbal products for smoking to submit to their competent authorities a list of all ingredients , and quantities thereof , used in the manufacture of the tobacco products by brand name and type , as well as their emissions and yields . manufacturers or importers shall also inform the competent authorities of the concerned member states if the composition of a product is modified affecting the information provided under this article . information required under this article shall be submitted prior to the placing of the market of a new or modified tobacco product .


### 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 . ### with a view to enabling effective tracking and tracing , member states shall require that unique , secure and non - removable identification markings , such as codes or stamps , are affixed to or form part of all unit packets and packages and any outside packaging of cigarettes . 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 .


### the climate and energy package17 calling for contributions of all sectors of the economy to achieving these emission reductions , including international maritime shipping , provides a clear mandate : ' &#8230 ; in the event that no international agreement which includes international maritime emissions in its reduction targets through the international maritime organisation has been approved by member states or no such agreement through the unfccc has been approved by the community by 31 december 2011 , the commission should make a proposal to include international maritime emissions in the community reduction commitment , with the aim of the proposed act entering into force by 2013 . such a proposal should minimise any negative impact on the community ' s competitiveness while taking into account the potential environmental benefits . ' __________________ 17 decision n°406 / 2009 / ec and directive n°2009 / 29 / ec ### the climate and energy package demands contributions of all sectors of the economy to achieving these emission reductions , except international maritime shipping , but provides a clear mandate : ' . . . in the event that no international agreement which includes international maritime emissions in its reduction targets through the international maritime organisation has been approved by member states or no such agreement through the unfccc has been approved by the community by 31 december 2011 , the commission should make a proposal to include international maritime emissions in the community reduction commitment , with the aim of the proposed act entering into force by 2013 . such a proposal should minimise any negative impact on the community ' s competitiveness while taking into account the potential environmental benefits . ' __________________ 17 decision n°406 / 2009 / ec and directive n°2009 / 29 / ec


### in july 2011 , the international maritime organisation adopted technical and operational measures , in particular the energy efficiency design index for new ships and the ship energy efficiency management plan , which will bring improvement in terms of reducing the expected increase in greenhouse gas emissions , but alone cannot lead to the necessary absolute emission reductions of greenhouse gases from international shipping to keep efforts in line with the global objective of limiting increases in global temperatures to 2°c . ### in july 2011 , the international maritime organisation adopted technical and operational measures , in particular the energy efficiency design index for new ships and the ship energy efficiency management plan , which will bring improvement in terms of reducing the expected increase in greenhouse gas emissions , but alone cannot lead to the necessary absolute emission reductions of greenhouse gases from international shipping to keep efforts in line with the global objective of limiting increases in global temperatures to 2°c . even when accounting for these imo measures world trade projections show that eu - related emissions from shipping will rise with an additional 51% to 2050 compared to 2010 levels indicating that additional measures are needed .


### by way of derogation from paragraph 1 , for ships falling under the scope of this regulation for the first time after 1 january 2018 , the company shall submit a monitoring plan to the verifier without undue delay and no later than two months after their first call in a port under the jurisdiction of a member state . ### by way of derogation from paragraph 1 , for ships falling under the scope of this regulation for the first time after 1 january 2016 , the company shall submit a monitoring plan to the verifier without undue delay and no later than two months after their first call in a port under the jurisdiction of a member state .


### from 1 january 2018 , companies shall , based on the monitoring plan approved in accordance with article 13 , monitor emissions for each ship on a per - voyage and an annual basis by applying the appropriate method among those set out in part b of annex i and by calculating emissions in accordance with part a of annex i ### from 1 january 2016 , companies shall , based on the monitoring plan approved in accordance with article 13 , monitor emissions for each ship on a per - voyage and an annual basis by applying the appropriate method among those set out in part b of annex i and by calculating emissions in accordance with part a of annex i


### from 2019 , by 30 april of each year , companies shall submit to the commission and to the authorities of the flag states concerned , an emission report concerning the emissions and other climate - relevant information during the entire reporting period for each ship under their responsibility , which has been verified as satisfactory by a verifier in accordance with the requirements referred to in article 14 . ### from 2017 , by 30 april of each year , companies shall submit to the commission and to the authorities of the flag states concerned , an emission report concerning the emissions and other climate - relevant information during the entire reporting period for each ship under their responsibility , which has been verified as satisfactory by a verifier in accordance with the requirements referred to in article 14 .


### from 30 june 2019 ships arriving at , within or departing from a port under the jurisdiction of a member state shall carry on board a valid document certifying the ship ' s compliance with the reporting and monitoring obligations for the concerned reporting period , issued in accordance with article 17 . ### from 30 june 2017 ships arriving at , within or departing from a port under the jurisdiction of a member state shall carry on board a valid document certifying the ship ' s compliance with the reporting and monitoring obligations for the concerned reporting period , issued in accordance with article 17 .


### member states shall lay down a system of penalties for failure to comply with the monitoring and reporting requirements set out in articles 8 to 12 and shall take all the measures necessary to ensure that those penalties are applied . the penalties provided for shall be no less stringent than those foreseen under national legislation on greenhouse gas emissions in case of non - compliance with reporting obligations by operators and be effective , proportionate and dissuasive . member states shall notify these provisions to the commission by 1 july 2017 , and shall notify any subsequent amendments affecting these provisions to the commission without delay . ### member states shall lay down a system of penalties for failure to comply with the monitoring and reporting requirements set out in articles 8 to 12 and shall take all the measures necessary to ensure that those penalties are applied . the penalties provided for shall be no less stringent than those foreseen under national legislation on greenhouse gas emissions in case of non - compliance with reporting obligations by operators and be effective , proportionate and dissuasive . member states shall notify these provisions to the commission by 1 july 2015 , and shall notify any subsequent amendments affecting these provisions to the commission without delay .


### this regulation shall enter into force on 1 july 2015 . ### this regulation shall enter into force on 1 july 2014 .


### to ensure transparency and non - discriminatory access to rail infrastructure and to services in service facilities for all railway undertakings , all the information required to use access rights should be published in a network statement . ### to ensure transparency and non - discriminatory access to rail infrastructure and services in service facilities for all railway undertakings , all the information required to use access rights is to be published in a network statement . the network statement should be published in at least two official languages of the union in line with existing international practices .


### ' infrastructure manager ' means any body or firm responsible in particular for establishing , managing and maintaining railway infrastructure , including traffic management and control - command and signalling ; the functions of the infrastructure manager on a network or part of a network may be allocated to different bodies or firms ; ### ' infrastructure manager ' means any body or firm responsible in particular for establishing , managing and maintaining railway infrastructure , including traffic management and control - command and signalling , in compliance with applicable safety rules ; the essential functions of the infrastructure manager are : the decision making on train path allocation , including both the definition and the assessment of availability and the allocation of individual train paths and the decision making on infrastructure charging , including determination and collection of the charges , and investments in infrastructure ;


### ' contractual agreement ' means an agreement or , mutatis mutandis , an arrangement within the framework of administrative or regulatory measures ; ### ' contractual agreement ' means an agreement or , mutatis mutandis , an arrangement within the framework of administrative measures ;


### separation of accounts ### transparent separation of accounts


### member states may also provide that this separation shall require the organisation of distinct divisions within a single undertaking or that the infrastructure and transport services shall be managed by separate entities . ### member states may also provide that this separation shall require the organisation of distinct divisions within a single undertaking or that the infrastructure and transport services shall be managed by separate entities in order to ensure the development of competition , continued investment and the cost - effectiveness of service provision of the railway sector .


### member states shall develop their national railway infrastructure by taking into account , where necessary , the general needs of the union , &#160 ; including the need to cooperate with neighbouring third countries . for this purpose , they shall publish by [ two years after the entry into force of this directive ] an&#160 ; indicative rail infrastructure development strategy with a view to meeting future mobility needs in terms of maintenance , renewal and development of the infrastructure based on sustainable financing of the railway system . the strategy shall cover a period of at least five years and be renewable . ### member states shall develop their national railway infrastructure by taking into account , where necessary , the general needs of the union , &#160 ; including the need to cooperate with neighbouring third countries . for this purpose , they shall publish at the latest two years after the entry into force of this directive , after consultation with the interested parties , an&#160 ; indicative rail infrastructure development strategy with a view to meeting future mobility needs in terms of maintenance , renewal and development of the infrastructure based on sustainable financing of the railway system . the strategy shall cover a period of at least five years and be renewable .


### member states shall develop their national railway infrastructure by taking into account , where necessary , the general needs of the union , including the need to cooperate with neighbouring third countries . for this purpose , they shall publish by&#8230 ; . . * an indicative rail infrastructure development strategy with a view to meeting future mobility needs in terms of maintenance , renewal and development of the infrastructure based on sustainable financing of the railway system . that strategy shall cover a period of at least five years and be renewable . ### member states shall develop their national railway infrastructure by taking into account , where necessary , the general needs of the union . for this purpose , they shall publish at the latest two years after the entry into force of this directive and after consultation of interested parties and stakeholders , including local and regional authorities concerned , trade unions , sectoral unions and users ' representatives , a rail infrastructure development strategy with a view to meeting future mobility needs based on sound and sustainable financing of the railway system . the strategy shall cover a period of at least seven years and be renewable .


### member states shall ensure that , under normal business conditions and over a reasonable period [ … ] which shall not exceed the period of the contractual agreement referred to in article 30 , the accounts of an infrastructure manager shall at least balance income from infrastructure charges , surpluses from other commercial activities and state and private funding on the one hand , including advance payments from the state , where appropriate , and infrastructure expenditure , including for long - term asset renewals and enhancements on the other hand . ### member states shall ensure that , under normal business conditions and over a reasonable period which shall not exceed the period of the contractual agreement referred to in article 30 and in any case a period of five years , the accounts of an infrastructure manager shall at least balance income from infrastructure charges , surpluses from other commercial activities , non refundable incomes from private sources and state funding on the one hand , including advance payments from the state , where appropriate , and infrastructure expenditure , including for long - term asset renewals and enhancements on the other hand .


### member states shall ensure that , under normal business conditions and over a reasonable period which shall not exceed the period of application of the contractual agreement referred to in article 30 , the accounts of an infrastructure manager shall at least balance income from infrastructure charges , surpluses from other commercial activities and state and private funding on the one hand , including advance payments from the state , where appropriate , and infrastructure expenditure , including for long - term asset renewals and enhancements on the other hand . ### member states shall ensure that , under normal business conditions , the accounts of the infrastructure manager shall over a period of no more than two years at least balance income from infrastructure charges , surpluses from other commercial activities , non - refundable grants from private sources and state funding , including advance payments from the state where appropriate , on the one hand , and infrastructure expenditure on the other , including sustainable financing of long - term asset renewals , where appropriate .


### based on the experience of regulatory bodies , competent authorities and railway undertakings and based on the activities of the working group referred to in article 57 the commission may adopt measures setting out the details of the procedure and criteria to be followed for the application of paragraph 3 of this article . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 62 . ### based on the experience of regulatory bodies , competent authorities and railway undertakings and based on the activities of the network of regulatory bodies referred to in article 57 , the commission shall , within 18 months after the deadline for transposition set in article 64 , adopt measures setting out the details of the procedure and criteria to be followed for the application of paragraph 3 of this article . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 62 .


### based on the experience of regulatory bodies , competent authorities and railway undertakings and based on the activities of the working group referred to in article 57 the commission may adopt measures setting out the details of the procedure and criteria to be followed for the application of paragraphs 1 , 2 and 3 of this article . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 62 . ### based on the experience of regulatory bodies , competent authorities and railway undertakings and based on the activities of the network of regulatory bodies referred to in article 57 , the commission shall , within 18 months after the deadline for transposition set in article 64 , adopt measures setting out the details of the procedure and criteria to be followed for the application of paragraphs 1 , 2 and 3 of this article . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 62 .


### based on the experience of regulatory bodies , competent authorities and railway undertakings and based on the activities of the working group referred to in article 57 , the commission may adopt measures setting out the details of the procedure and criteria to be followed for the application of this article . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 62 . ### based on the experience of regulatory bodies , competent authorities and railway undertakings and based on the activities of the network of regulatory bodies referred to in article 57 , the commission shall adopt measures setting out the details of the procedure and criteria to be followed for the application of this article . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 62 .


### the competent authorities and the railway undertakings providing the public services shall provide the relevant regulatory body or bodies with the information reasonably required to reach a decision . the regulatory body shall consider the information provided , consulting all the relevant parties as appropriate , and shall inform the relevant parties of its reasoned decision within a pre - determined , reasonable time , and , in any case , within two months of receipt of all relevant information . ### the competent authorities and the railway undertakings providing the public services shall provide the relevant regulatory body or bodies with the information reasonably required to reach a decision . the regulatory body shall consider the information provided by these parties , and , as appropriate shall ask for any relevant additional information and initiate consultation with all relevant parties within one month from the receipt of the request . the regulatory body shall consult all the relevant parties , as appropriate , and shall inform the relevant parties of its reasoned decision within a pre - determined , reasonable time , and , in any case , within six weeks of receipt of all relevant information .


### the competent authorities and the railway undertakings providing the public services shall provide the relevant regulatory body or bodies with the information reasonably required to reach a decision . the regulatory body shall consider the information provided , consulting all the relevant parties as appropriate , and shall inform the relevant parties of its reasoned decision within a pre - determined , reasonable time , and , in any case , within two months of receipt of all relevant information . ### the competent authorities and the railway undertakings providing the public services shall provide the relevant regulatory body or bodies with the information reasonably required to reach a decision . the regulatory body shall consider the information provided , consulting all the relevant parties as appropriate , and shall inform the relevant parties of its reasoned decision within one month from the receipt of the complaint .


### operators of service facilities shall supply to railway undertakings the services referred to in point 2 of annex ii , in a non - discriminatory manner . ### operators of service facilities shall supply to all railway undertakings access , including track access , to the facilities referred to in annex iii , point 2 , and to the services supplied in these facilities in a non - discriminatory manner .


### requests by railway undertakings for access to , and supply of services in the service facility may only be refused if there are viable alternatives allowing them to operate the freight or passenger service concerned on the same or alternative routes under economically acceptable conditions . this shall not oblige the operator of the service facility to make investments in resources or facilities in order to accommodate all requests by railway undertakings . where requests by railway undertakings concern access to , and supply of services in a service facility managed by an operator of the service facility referred to in paragraph 3 , the operator of the service facility shall justify any decision of refusal and indicate viable alternatives in other facilities . ### requests by railway undertakings for access to , and supply of services in the service facility shall be answered within a reasonable time limit set by the regulatory body referred to in article 55 . such requests may only be rejected if there are viable alternatives allowing them to operate the freight or passenger service concerned on the same routes under economically acceptable conditions . this shall not oblige the operator of the service facility to make investments in resources or facilities in order to accommodate all requests by railway undertakings . where requests by railway undertakings concern access to , and supply of services in a service facility managed by an operator of the service facility referred to in paragraph 3 , the operator of the service facility shall in written form justify any negative decision and indicate viable alternatives in other facilities .


### in this context , the commission shall closely involve representatives of the member states and of the sectors concerned in its work , including users , so that they are better able to monitor the development of the railway sector and the evolution of the market , to assess the effect of the measures adopted and to analyse the impact of the measures planned by the commission . ### in this context , the commission shall closely involve representatives of the member states , including representatives of the regulatory bodies referred to in article 55 , and of the sectors concerned in its work , including local and regional authorities concerned , the railways sector ' s social partners and users , so that they are able better to monitor the development of the railway sector and the evolution of the market , to assess the effect of the measures adopted and to analyse the impact of the measures planned by the commission . the commission shall also involve the european railway agency where appropriate .


### the commission shall monitor the use of the networks and the evolution of framework conditions in the rail sector , in particular infrastructure charging , capacity allocation , developments as regards prices and the quality of rail transport services , rail transport services covered by public service contracts , licensing and the degree of harmonisation between member states . ### the commission shall monitor the use of the networks and the evolution of framework conditions in the rail sector , in particular infrastructure charging , capacity allocation , investments made in railway infrastructure , developments as regards prices and the quality of rail transport services , rail transport services covered by public service contracts , licensing and the degree of market opening and harmonisation between member states , development of employment and the related - social conditions in the rail sector . these monitoring activities are without prejudice to similar activities existing in member states and to the role of social partners .