### member states may limit the period of validity of transferable fishing concessions to a period of at least 15 years , for the purpose of reallocating such concessions . where member states have not limited the period of validity of the transferable fishing concessions , they may recall such concessions with a notice of at least 15 years . ### member states shall limit the period of validity of transferable fishing concessions to a period of maximum up to 5 years , for the purpose of reallocating such concessions . where member states have not limited the period of validity of the transferable fishing concessions , they may recall such concessions with a notice of maximum up to 5 years .


### in special areas of conservation within the meaning of article 6 of directive 92 / 43 / eec , of article 4 of directive 2009 / 147 / ec and of article 13 of directive 2008 / 56 / ec , fishing activities shall be conducted by member states in such a way so as to alleviate the impact from fishing activities in such special areas of conservation . ### in special areas of conservation within the meaning of article 6 of directive 92 / 43 / eec , special protection areas within the meaning of article 4 of directive 2009 / 147 / ec and other marine protected areas within the meaning of article 13 of directive 2008 / 56 / ec , fishing activities shall be conducted by the member state that has designated the site&#160 ; in such a way as to avoid the deterioration of natural habitats and the significant disturbance of species for which the areas have been designated .


### mitigate the impact of fishing gear on the ecosystem and the environment , with particular regard to the protection of biologically sensitive stocks and habitats . ### minimise the impact of fishing gear on the ecosystem and the environment , with particular regard to the protection of biologically sensitive stocks and habitats , particularly the sea floor ;


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


### in special areas of conservation within the meaning of article 6 of directive 92 / 43 / eec , of article 4 of directive 2009 / 147 / ec and of article 13 of directive 2008 / 56 / ec , fishing activities shall be conducted by member states in such a way so as to alleviate the impact from fishing activities in such special areas of conservation . ### the cfp and all subsequent measures adopted by member states shall be in full compliance with directive 92 / 43 / eec , directive 2009 / 147 / ec and directive 2008 / 56 / ec . in the areas mentioned in article 6 of directive 92 / 43 / eec , article 4 of directive 2009 / 147 / ec and article 13 of directive 2008 / 56 / ec , member states shall ensure that fishing is conducted in such a way as to avoid any significant effect on such areas , subject to the provisions regarding appropriate assessment in article 6 of directive 92 / 43 / ec .


### an ecosystem based approach to fisheries management needs to be implemented , environmental impacts of fishing activities should be limited and unwanted catches should be minimised and progressively eliminated . ### an ecosystem based approach to fisheries management needs to be implemented so as to limit environmental impacts of fishing activities on fish stocks , on non - targeted species , on habitats and on the seabed and unwanted catches should be minimised and progressively eliminated .


### technical measures frameworks to ensure the protection of marine biological resources and the reduction of the impact of fishing activities on fish stocks and on marine eco - systems shall be established . technical measures frameworks shall : ### technical measures frameworks to ensure , in eu waters and for eu vessels operating outside eu waters , that fish stock populations are maintained or restored above levels which can produce the maximum sustainable yield by 2015 , above levels capable or producing maximum economic yield by 2020 and that a good environmental status is achieved and maintained in the community ' s marine environment by 2020 . technical measures frameworks shall :


### minimum conservation reference sizes based on the best available scientific advice shall be established for the fish stocks set out in paragraph 1 . the sale of catches of such fish stocks below the minimum conservation reference size shall be restricted for reduction to fish meal or pet food only . ### minimum conservation reference sizes based on the best available scientific advice shall be established for the fish stocks set out in paragraph 1 . it shall be prohibited to make available on the market fish species caught below the minimum conservation reference size .


### multiannual plans shall be based on the precautionary approach to fisheries management and shall take into account the limitations of the available data and assessment methods and all quantified sources of uncertainty in a scientifically valid manner . ### multiannual plans shall be based on precautionary fisheries management , so that where scientific data is uncertain fisheries management will act more cautiously and absence of adequate scientific data shall not be used as justification for a lack of action .


### in cases where the determination of a fishing mortality rate that restores and maintains stocks above levels capable of producing maximum sustainable yield is not possible , multiannual plans shall provide for precautionary measures ensuring a comparable degree of conservation of the relevant stocks . ### in cases where the determination of a fishing mortality rate consistent with paragraph 1 is not possible , multiannual plans shall provide for precautionary measures ensuring a comparable degree of conservation of the relevant stocks and shall set a target of the earliest biologically possible date for the achievement of stock levels above maximum sustainable yield .


### in special areas of conservation within the meaning of article 6 of directive 92 / 43 / eec , of article 4 of directive 2009 / 147 / ec and of article 13 of directive 2008 / 56 / ec , fishing activities shall be conducted by member states in such a way so as to alleviate the impact from fishing activities in such special areas of conservation . ### in special areas of conservation within the meaning of article 6 of directive 92 / 43 / eec , special protection areas within the meaning of article 4 of directive 2009 / 147 / ec and other marine protected areas within the meaning of article 13 of directive 2008 / 56 / ec , fishing activities shall be&#160 ; regulated by member states that has designated the site in such a way so as to avoid the deterioration of natural habitats and the habitats of species as well as disturbance of the species for which the areas have been designated , in so far as such disturbance and deterioration could be significant in relation to the objectives of aforementioned directives .


### the collection , management and use of data shall be done in the framework of a multi - annual programme as of 2014 . such a multi - annual programme shall include targets for the precision of the data to be collected , and aggregation levels for the collection , management and use of such data . ### the collection , management and use of data shall be done in the framework of regulation 2008 / 199 / ec , which shall be reviewed and / or amended , or , if necessary replaced , with a framework of at least equivalent standard and implementing the provisions of this article . a new multi - annual programme shall govern the collection , management and use of data as of 2014 , which shall be subject to the provisions of this article and / or of regulation 2008 / 199 / ec as amended , reviewed or replaced . such a multi - annual programme shall include targets for the precision of the data to be collected , and aggregation levels for the collection , management and use of such data . regulation 2008 / 199 / ec shall continue to apply to the national programmes adopted for the collection and management of data until such time as the entry into force of new measures to establish a union framework for the collection , management and use of data in the fisheries sector .


### the commission shall be empowered to adopt delegated acts in accordance with article 55 , to specify fishing related measures to alleviate the impact of fishing activities in special areas of conservation . ### subject to any right of a member state to ensure the application of directive 1992 / 43 / eec , directive 2009 / 147 / ec and directive 2008 / 56 / ec , the commission shall be empowered to adopt delegated acts in accordance with article 55 , to specify fishing related measures to prevent or alleviate any significant impact of fishing on the areas referred to in paragraph 1 of this article .


### in a multiannual plan established pursuant to articles 9 , 10 and 11 member states may be authorised to adopt measures , in accordance with that multiannual plan , which specify the conservation measures applicable to vessels flying their flag in relation to stocks in union waters for which they have been allocated fishing opportunities . ### in a multiannual plan established pursuant to articles 9 , 10 and 11 member states may be authorised to adopt measures , in accordance with that multiannual plan , which specify the conservation measures applicable to vessels flying their flag in relation to stocks in union waters for which they have been allocated fishing opportunities and to all vessels fishing within the territorial waters of the member state .


### member states may reserve up to 5% of fishing opportunities . they shall establish objectives and transparent criteria for the allocation of such reserved fishing opportunities . those fishing opportunities may only be allocated to eligible holders of transferable fishing concessions as set out in article 28 . ### member states may reserve up to 20 % of fishing opportunities . they shall establish objectives and transparent criteria for the allocation of such reserved fishing opportunities .


### member states may reserve up to 5% of fishing opportunities . they shall establish objectives and transparent criteria for the allocation of such reserved fishing opportunities . those fishing opportunities may only be allocated to eligible holders of transferable fishing concessions as set out in article 28 . ### member states may reserve up to 10 % of fishing opportunities . they shall establish objectives and transparent criteria for the allocation of such reserved fishing opportunities .


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


### support part of the cost of access to the fisheries resources in third country waters ; ### support a decreasing part of the cost of access to the fisheries resources in third country waters , which shall be phased out over time , but not later than by 2020 .


### at the world summit on sustainable development at johannesburg in 2002 , the union and its member states committed to act against the continued decline of many fish stocks . therefore , the union should improve its common fisheries policy to ensure that as a matter of priority exploitation levels of marine biological resources stocks are restored and maintained at levels capable of producing maximum sustainable yields from the populations of harvested stocks by 2015 . where less scientific information is available , this may require applying proxies to maximum sustainable yield . ### at the world summit on sustainable development at johannesburg in 2002 , the union and its member states committed to act against the continued decline of many fish stocks . therefore , the union should improve its common fisheries policy to ensure that as a matter of priority population levels of harvested stocks are restored and maintained at levels above those capable of producing maximum sustainable yields by 2015 . where less scientific information is available , the precautionary approach should apply .


### the commission shall be empowered to adopt delegated acts in accordance with article 55 , to specify fishing related measures to alleviate the impact of fishing activities in special areas of conservation . ### the commission shall be empowered to adopt delegated acts in accordance with article 55 , to specify fishing related measures to alleviate the impact of fishing activities in special areas referred to in paragraph 1 .


### member states may require holders of a fishing licence for fishing vessels of 12 meters length overall or more flying their flag to contribute proportionally to the costs of implementing the union fisheries control system . ### member states shall require holders of a fishing licence for fishing vessels of 12 meters length overall or more flying their flag to contribute proportionally to the costs of implementing the union fisheries control system .


### each member state shall allocate transferable fishing concessions on the basis of transparent criteria , for each stock or group of stocks for which fishing opportunities are allocated in accordance with article 16 , excluding fishing opportunities obtained under sustainable fisheries agreements . ### each member state that chooses to establish a system of transferable fishing concessions shall allocate transferable fishing concessions on the basis of transparent criteria for each stock or group of stocks for which fishing opportunities are allocated in accordance with article 16 , excluding fishing opportunities obtained under sustainable fisheries agreements . the transparent criteria will be set by the council and the parliament , will be made publicly available and will include but not be limited to : the employment of more selective fishing methods , gears and practices with low by - catch and low impact on the marine ecosystem ; have a good record of compliance with the rules of the common fisheries policy and with respecting catch and / or fishing effort limits designated by scientific advice ensure increased , good quality employment , provided that this does not have negative environmental impacts ; the use of vessels and fishing methods that have low fuel emissions and are energy efficient ; and the use of video surveillance or an equivalent electronic monitoring equipment , working conditions that comply with relevant international standards , notably the 2007 ilo work in fishing convention . the reported production during the period of at least the three previous years .


### each member state shall decide how fishing opportunities assigned to it in accordance with article 16 , and which are not subject to a system of transferable fishing concessions , may be allocated to vessels flying its flag . it shall inform the commission of the allocation method . ### each member state shall decide how fishing opportunities assigned to it in accordance with article 16 , and which are not subject to a system of transferable fishing concessions , may be allocated to vessels flying its flag , on the basis of transparent and objective criteria , in line with the criteria set out in article 28 , which shall be publicly available . it shall inform the commission of the allocation method .


### mitigate the impact of fishing gear on the ecosystem and the environment , with particular regard to the protection of biologically sensitive stocks and habitats . ### mitigate the impact of all fishing gear on the ecosystem and the environment , with particular regard to the protection of biologically sensitive stocks and habitats and to contribute to achieving good environmental status of the marine environment as provided by directive 2008 / 56 / ec .


### the collection , management and use of data shall be done in the framework of a multi - annual programme as of 2014 . such a multi - annual programme shall include targets for the precision of the data to be collected , and aggregation levels for the collection , management and use of such data . ### the collection , management and use of data shall be done in the framework of council regulation 2008 / 199 / ec of 25 february 2008 concerning the establishment of a community framework for the collection , management and use of data in the fisheries sector and support for scientific advice regarding the common fisheries policy1 , which shall be reviewed and / or amended , or , if necessary , replaced with a framework of at least equivalent standard , implementing the provisions of this article . a new multi - annual programme shall govern the collection , management and use of data as of 2014 , which shall be subject to the provisions of this article and regulation 2008 / 199 / ec . such a multi - annual programme shall include targets for the precision of the data to be collected , and aggregation levels for the collection , management and use of such data . regulation 2008 / 199 / ec shall continue to apply to the national programmes adopted for the collection and management of data for the years 2011 , 2012 and 2013 . _____________ oj l 60 , 5 . 3 . 2008 , p . 1 .


### mitigate the impact of fishing gear on the ecosystem and the environment , with particular regard to the protection of biologically sensitive stocks and habitats . ### minimise the impact of technical equipment , including fishing gear , on the ecosystem and the environment , with particular regard to the protection of biologically sensitive stocks and habitats .


### – ‘ fishing capacity’ means a vessel’s tonnage in gt and its power in kw as defined in articles 4 and 5 of council regulation no 2930 / 8635 ; ### – ‘ fishing capacity’ means the ability of a vessel to catch fish . indicators that can be used to quantify fishing capacity are vessel characteristics , including a vessel’s tonnage in gt and its power in kw as defined in articles 4 and 5 of council regulation no 2930 / 8635 , the fishing gear and fishing technique it employs and the number of days spent at fishing ;


### therefore , in order to supplement or amend certain non - essential elements of directives 1999 / 4 / ec , 2000 / 36 / ec , 2001 / 111 / ec , 2001 / 113 / ec and 2001 / 114 / ec to take account of technical progress and / or , where appropriate , the developments in international standards , the power to adopt acts in accordance with article 290 of the treaty should be delegated to the commission in respect of the following scope and content : as regards directive 1999 / 4 / ec , to adapt or update the technical characteristics related to the product descriptions and definitions in the annex , normally expressed in percentages ; as regards directive 2000 / 36 / ec , to adapt or update the technical characteristics related to the sales names and definitions of section a of annex 1 , normally expressed in percentages and / or grams , as well as sections b , c and d of that annex ; as regards directive 2001 / 111 / ec , to adapt or update part a of the annex in respect of the technical characteristics related to the product names and definitions , as well as part b of the annex ; as regards directive 2001 / 113 / ec , to adapt or update annex i in respect of the technical characteristics related to the product names and definitions , normally expressed in grams and / or percentage , as well as annex ii and part b of annex iii ; and as regards directive 2001 / 114 / ec , to adapt or update annex i in respect of the technical characteristics related to the definitions of products and product names , normally expressed in percentages , as well as annex ii . ### therefore , in order to supplement or amend certain non - essential elements of directives 2000 / 36 / ec , 2001 / 111 / ec , 2001 / 113 / ec to take account of technical progress and / or , where appropriate , the developments in international standards , the power to adopt acts in accordance with article 290 of the treaty should be delegated to the commission in respect of the following scope and content : as regards directive 2000 / 36 / ec , to adapt or update sections c and d of annex i ; as regards directive 2001 / 111 / ec , to adapt or update part b of the annex ; and as regards directive 2001 / 113 / ec , to adapt or update part b of annex iii .


### the commission shall be empowered to adopt delegated acts in accordance with article 6 to amend annex i in respect of the technical characteristics related to the product names and definitions , as well as annex ii and part b of annex iii , to take account of the developments in relevant international standards , where appropriate , and of technical progress . ### the commission shall be empowered to adopt delegated acts in accordance with article 6 to amend annex ii , by adding ingredients to , but not removing ingredients from , that annex , and to amend part b of annex iii , in order to take into account technical progress and developments in relevant international standards .


### the commission shall be empowered to adopt delegated acts in accordance with article 6 to amend the technical characteristics related to the sales names and definitions of section a of annex 1 , as well as sections b , c and d of that annex , to take account of the developments in relevant international standards , where appropriate , and of technical progress . ### the commission shall be empowered to adopt delegated acts in accordance with article 6 to amend sections c and d of annex i to take account of the developments in relevant international standards , where appropriate , and of technical progress .


### therefore , in order to supplement or amend certain non - essential elements of directives 1999 / 4 / ec , 2000 / 36 / ec , 2001 / 111 / ec , 2001 / 113 / ec and 2001 / 114 / ec to take account of technical progress and / or , where appropriate , the developments in international standards , the power to adopt acts in accordance with article 290 of the treaty should be delegated to the commission in respect of the following scope and content : as regards directive 1999 / 4 / ec , to adapt or update the technical characteristics related to the product descriptions and definitions in the annex , normally expressed in percentages ; as regards directive 2000 / 36 / ec , to adapt or update the technical characteristics related to the sales names and definitions of section a of annex 1 , normally expressed in percentages and / or grams , as well as sections b , c and d of that annex ; as regards directive 2001 / 111 / ec , to adapt or update part a of the annex in respect of the technical characteristics related to the product names and definitions , as well as part b of the annex ; as regards directive 2001 / 113 / ec , to adapt or update annex i in respect of the technical characteristics related to the product names and definitions , normally expressed in grams and / or percentage , as well as annex ii and part b of annex iii ; and as regards directive 2001 / 114 / ec , to adapt or update annex i in respect of the technical characteristics related to the definitions of products and product names , normally expressed in percentages , as well as annex ii . ### therefore , in order to supplement or amend certain non - essential elements of directives 1999 / 4 / ec , 2000 / 36 / ec , 2001 / 111 / ec , 2001 / 113 / ec and 2001 / 114 / ec to take account of technical progress and of developments in relevant international standards , the power to adopt acts in accordance with article 290 of the treaty should be delegated to the commission in respect of the following scope and content : as regards directive 1999 / 4 / ec , to adapt or update the technical characteristics related to the product descriptions and definitions in the annex , normally expressed in percentages ; as regards directive 2000 / 36 / ec , to adapt or update the technical characteristics related to the sales names and definitions of section a of annex 1 , normally expressed in percentages and / or grams , as well as sections b , c and d of that annex ; as regards directive 2001 / 111 / ec , to adapt or update part a of the annex in respect of the technical characteristics related to the product names and definitions , as well as part b of the annex ; as regards directive 2001 / 113 / ec , to adapt or update annex i in respect of the technical characteristics related to the product names and definitions , normally expressed in grams and / or percentage , as well as annex ii and part b of annex iii ; and as regards directive 2001 / 114 / ec , to adapt or update annex i in respect of the technical characteristics related to the definitions of products and product names , normally expressed in percentages , as well as annex ii .


### although annexes to directives 1999 / 4 / ec , 2000 / 36 / ec , 2001 / 111 / ec , and 2001 / 114 / ec contain technical elements which might have to be adapted or updated to take account of developments in relevant international standards , those directives do not confer on the commission appropriate powers to promptly adapt or update those annexes to take account of developments in international standards . in addition , directive 1999 / 4 / ec does not confer on the commission appropriate powers to promptly adapt or update its annex to take account of technical progress , although that annex contains technical elements which might also have to be adapted or updated to take account of technical progress . furthermore , although containing technical elements which might have to be adapted or updated to take account of technical progress , sections a and b of annex i to directive 2000 / 36 / ec are not covered by the commission ' s powers to adapt certain provisions of that annex to technical progress . therefore , for the consistent implementation of directives 1999 / 4 / ec , 2000 / 36 / ec , 2001 / 111 / ec , 2001 / 113 / ec and 2001 / 114 / ec , the additional powers to adapt or update the annexes to directives 1999 / 4 / ec , 2000 / 36 / ec , 2001 / 111 / ec , and 2001 / 114 / ec to take account of technical progress and of developments in international standards should also be conferred on the commission ### annexes to directives 1999 / 4 / ec , 2000 / 36 / ec , 2001 / 111 / ec , and 2001 / 114 / ec contain elements related to the product names and / or sales names , descriptions , definitions and characteristics of products which might have to be adapted or updated to take account of developments in relevant international standards or technical progress . where those provisions concern non - essential technical elements , namely in sections c and d of annex i to directive 2000 / 36 / ec , in part b of the annex to directive 2001 / 111 / ec and in part b of annex iii to directive 2001 / 113 / ec , it is appropriate to confer the power to adopt delegated acts on the commission in accordance with article 290 of the treaty , in order to bring those annexes into line with relevant developments in international standards or to take account of technical progress


### the power to adopt delegated acts referred to in article 5 shall be conferred on the commission for an indeterminate period of time from . . ### the power to adopt delegated acts referred to in article 5 shall be conferred on the commission for a period of five years from . . the commission shall draw up a report in respect of the delegations of power not later than nine months before the end of the five - year period . the delegation of power shall be tacitly extended for periods of an identical duration , unless the european parliament or the council opposes such extension not later than three months before the end of each period .


### the commission shall ensure a midterm and final evaluation of the programme , regarding the aspects referred to in paragraph 2 and 3 . the results shall be integrated into decisions on possible renewal , modification or suspension of subsequent programmes . an independent external evaluator shall carry out these evaluations . ### the commission shall ensure a midterm and final evaluation of the programme regarding the aspects referred to in paragraph 2 and 3 . the results shall be integrated into decisions on possible renewal , modification or suspension of subsequent programmes . the mid - term evaluation shall review whether it is necessary to introduce ceilings for the different actions referred to in article 7 . an independent external evaluator shall carry out these evaluations .


### partner countries of the european neighbourhood policy provided that those countries have reached a sufficient level of approximation of the relevant legislation and administrative methods to those of the union . the partner countries concerned shall participate to the programme in accordance with provisions to be determined with those countries following the establishment of framework agreements concerning their participation in union programmes . ### only on matters relating to the fight against tax fraud and tax evasion , partner countries of the european neighbourhood policy provided that those countries have reached a sufficient level of approximation of the relevant legislation and administrative methods to those of the union . the partner countries concerned shall participate to the programme in accordance with provisions to be determined with those countries following the establishment of framework agreements concerning their participation in union programmes .


### in order to provide for enhanced transparency of payments made to governments , issuers whose securities are admitted to trading on a regulated market and which have activities in the extractive or logging of primary forest industries should disclose in a separate report on an annual basis payments made to governments in the countries in which they operate . the report should include types of payments comparable to those disclosed under the extractive industries transparency initiative and provide civil society with information to hold governments of resource - rich countries to account for their receipts from the exploitation of natural resources . the initiative is also complementary to the eu flegt action plan and the timber regulationwhich require traders of timber products to exercise due diligence in order to prevent illegal wood from entering into the eu market . the detailed requirements are defined in chapter 9 of directive 2011 / . . . / eu of the european parliament and of the council . ### in order to provide for enhanced transparency of payments made to governments , issuers whose securities are admitted to trading on a regulated market should disclose as part of their annual financial statements payments made to governments in the countries in which they operate . disclosures should be made on a country - by - country basis . in the case of issuers engaged in activities related to extractive or forest industries , disclosures should include types of payments comparable to those disclosed under the extractive industries transparency initiative and should be on a country - by - country and project - by - project basis , where a project means a contract , licence , lease or other legal agreement under which an issuer operates and which gives rise to specific revenue liabilities . for all issuers , disclosures should include turnover of the constituent entities of the undertaking that might give rise to payments and , on a country - by - country basis , quantities produced , profit before tax , effective tax rates , total number of people employed and their aggregate remuneration and expenditure on fixed asset investment during the course of the reporting period . the detailed requirements are defined in chapter 9 of directive 2011 / . . . / eu of the european parliament and of the council .


### member states shall require issuers active in the extractive or logging of primary forest industries , as defined in [ … ] to prepare , in accordance with chapter 9 of directive 2011 / . . . / eu of the european parliament and of the council , a report on payments made to governments on an annual basis . the report shall be made public at the latest six months after the end of each financial year and shall remain publicly available for at least five years . payments to governments shall be reported at consolidated level . ### member states shall require issuers to prepare , in accordance with chapter 9 of directive 2011 / . . . / eu of the european parliament and of the council , a report on payments made to governments on an annual basis . the report shall incorporate disclosures on a country - by - country as well as on a project - by - project basis . it shall be attached to the annual financial statement and shall remain publicly available for at least five years . payments to governments shall be reported at consolidated level .


### member states shall require issuers active in the extractive or logging of primary forest industries , as defined in [ … ] to prepare , in accordance with chapter 9 of directive 2011 / . . . / eu of the european parliament and of the council , a report on payments made to governments on an annual basis . the report shall be made public at the latest six months after the end of each financial year and shall remain publicly available for at least five years . payments to governments shall be reported at consolidated level . ### member states shall require issuers to prepare , in accordance with chapter 9 of directive 2011 / . . . / eu of the european parliament and of the council , a report on payments made to governments on an annual basis . the report shall incorporate disclosures on a country - by - country as well as a project - by - project basis where a project means a contract , licence , lease or other legal agreement under which an issuer operates , and from which its specific revenue liabilities arise . it shall be attached to the annual financial statement . the report shall be made public at the latest six months after the end of each financial year and shall remain publicly available . payments to governments shall be reported at consolidated level . for all issuers , disclosures should include turnover of the constituent entities of the undertaking that might give rise to payments and , on a country - by - country basis , quantities produced , purchases and sales , third - party and intragroup financial flows , profit before tax , actual tax payments , deferred taxation liabilities for the country at the start and close of each accounting period , total number of people employed and their aggregate remuneration and expenditure on fixed asset investment during the course of the reporting period .


### the commission shall adopt delegated acts in accordance with article 9 for the purpose of establishing the scope of observation for the requirements laid down in article 3 as regards the data on characteristics of same - day visits . ### the scope of observation for the requirements in article 3 as regards the data on characteristics of same - day visits shall be all same - day visits outside the usual environment by the resident population , unless otherwise specified in section 3 of annex ii .


### national tourism , in terms of the tourism demand , which concerns the characteristics of same - day visits , for the variables , periodicity and breakdowns which shall be established by the commission by delegated acts . those delegated acts shall be adopted in accordance with article 9 . ### national tourism , in terms of the tourism demand , which concerns the characteristics of same - day visits , for the variables , periodicity and breakdowns laid down in section 3 of annex ii .


### ‘ nanomaterial’ means nanomaterial as defined in commission recommendation 20 . . / … / ec of … … … concerning the definition of nanomaterials ; ### ‘ nanomaterial’ means nanomaterial as defined in commission recommendation 20 . . / … / ec of … … … concerning the definition of nanomaterials ; the commission shall regularly review and update the definition in light of latest advances in technical and scientific development .


### the active substance is essential to prevent or to control a serious danger to public or animal health or the environment ; or ### it is shown by evidence that the active substance is necessary to prevent or control a serious danger to public or animal health or to the environment , to food and feed safety , or to the public interest and that there are no effective alternative substances or technologies available . the use of any biocidal product containing active substances included in annex i pursuant to this paragraph shall be subject to appropriate risk mitigation measures to ensure that exposure of humans and the environment is minimised .


### the fees payable to the agency , including an annual fee ; ### the fees payable to the agency , including an annual and a submission fee ;


### the active substance is essential to prevent or to control a serious danger to public or animal health or the environment ; or ### it is shown by evidence that the active substance is necessary to prevent or control a serious danger to public or animal health or to the environment , to food and feed safety , or to the public interest and that there are no effective alternative substances or technologies available . the use of any biocidal product containing active substances included in annex i pursuant to this paragraph shall be subject to appropriate risk mitigation measures to ensure that exposure of humans and the environment is minimised . member state authorising a biocidal product containing an active substance included in annex i pursuant to this paragraph shall draw up a substitution plan concerning the control of the serious danger by other means including non - chemical methods , which are as effective as the biocidal product concerned and shall without delay transmit that plan to the commission . the use of the biocidal product with the active substance concerned shall be restricted to those member states where the serious danger has to be prevented or , if it occurs , controlled .


### ' biocidal product ' means any substance , mixture or article , in the form in which it is supplied to the user , consisting of , containing or generating one or more active substances , with the primary intention of destroying , deterring , rendering harmless , preventing the action of , or otherwise exerting a controlling effect on , any harmful organism by any means other than mere physical or mechanical action ; ### ' biocidal products ' means substances , mixtures or articles , in the form in which they are supplied to the user , consisting of , containing or being the precursor for one or more active substances , with the intention of destroying , deterring , rendering harmless , preventing the action of , or otherwise exerting a controlling effect on , any harmful organism by any means other than mere physical or mechanical action ;


### any of the member states concerned may , in particular , propose in accordance with the first subparagraph to refuse to grant an authorisation or to adjust the terms and conditions of the authorisation to be granted for a biocidal product containing an active substance to which article 5 or 10 applies . ### any of the member states concerned may , in particular , in accordance with the first subparagraph refuse to grant an authorisation or to adjust the terms and conditions of the authorisation to be granted for a biocidal product containing an active substance to which article 5 or 10 applies .


### ' nanomaterial ' means nanomaterial as defined in commission recommendation 20 . . / … / ec of … … … concerning the definition of nanomaterials ; ### ' nanomaterial ' means any intentionally produced material that has one or more dimensions of the order of 100 nm or less or is composed of discrete functional parts , either internally or at the surface , many of which have one or more dimensions of the order of 100 nm or less , including structures , agglomerates or aggregates , which may have a size above the order of 100 nm but retain properties that are characteristic of the nanoscale . properties that are characteristic of the nanoscale include : those related to the large specific surface area of the materials considered ; and / or specific physico - chemical properties that are different from those of the non - nanoform of the same material . on entry into force of commission recommendation 20 . . / … / ec of … … concerning the definition of nanomaterials , this definition shall be replaced by the definition contained therein ;


### if the member state concerned is unable to reach agreement with the applicant or receives no reply from the applicant within 60 days of that communication it shall inform the commission . in that case , the commission : ### if the member state concerned is unable to reach agreement with the applicant or receives no reply from the applicant within 60 days of that communication it shall without delay inform other member states and the commission of any decision taken in this respect and its justification .


### the evaluating competent authority shall reject the application if the applicant fails to submit the requested information within the deadline and shall inform the applicant and the agency accordingly . in such cases , part of the fee paid in accordance with article 79 shall be reimbursed . ### the evaluating competent authority shall reject the application if the applicant fails to submit the requested information within the deadline and shall inform the applicant and the agency accordingly . in such cases , part of the fee paid in accordance with article 79 and shall be reimbursed .


### an active substance shall be approved for an initial period not exceeding 10 years if at least one biocidal product containing that active substance may be expected to meet the criteria laid down in point of article 18 taking into account the factors set out in article&#160 ; 18 and&#160 ; . ### an active substance shall be included in annex - i for an initial period not exceeding 10 years if at least one biocidal product containing that active substance fulfils the conditions laid down in point of article 18 taking into account the factors set out in article&#160 ; 18 and&#160 ; .


### the risk to humans or the environment from exposure to the active substance in a biocidal product , under realistic worst case conditions of use , is negligible , in particular where the product is used in closed systems or strictly controlled conditions ; ### the risk to humans or the environment from exposure to the active substance in a biocidal product , under realistic worst case conditions of use , is negligible , meaning that the product is used in closed systems or under other conditions excluding contact with humans ;


### ‘ nanomaterial’ means nanomaterial as defined in commission recommendation 20 . . / … / ec of … … … concerning the definition of nanomaterials ; ### ' nanomaterial ' means any intentionally produced material that has one or more dimensions of the order of 100 nm or less or is composed of discrete functional parts , either internally or at the surface , many of which have one or more dimensions of the order of 100 nm or less , including structures , agglomerates or aggregates , which may have a size above the order of 100 nm but retain properties that are characteristic of the nanoscale . properties that are characteristic of the nanoscale include : those related to the large specific surface area of the materials considered ; and / or specific physico - chemical properties that are different from those of the non - nanoform of the same material . no later than six months after the adoption of recommendation 20 . . / … / ec of … … concerning the definition of nanomaterials , the commission shall make a legislative proposal to include the definition in this regulation .


### this regulation should apply to biocidal products that , in the form in which they are supplied to the user , consist of , contain or generate one or more active substances . it therefore should not apply to devices within industrial plants that generate biocidal products in situ . ### this regulation should apply to biocidal products that , in the form in which they are supplied to the user , consist of , contain or generate one or more active substances .


### by way of derogation from article 31 , any of the member states concerned may propose to refuse to grant an authorisation or to adjust the terms and conditions of the authorisation to be granted , provided that such a measure can be justified on grounds of : ### by way of derogation from article 31 , any of the member states concerned may refuse to grant an authorisation or adjust the terms and conditions of the authorisation to be granted , provided that such a measure can be justified on grounds of :


### member states shall ensure that associations , organisations or other legal entities , which have , in accordance with the criteria laid down by their national law , a legitimate interest in ensuring that the provisions of this directive are complied with , may engage , either on behalf of or in support of the worker and members of his / her family , with his / her approval , in any judicial and / or administrative procedure provided for the enforcement of rights under article 45 of the treaty and articles 1 to 10 of regulation no 492 / 2011 . ### member states shall ensure that trade unions , associations , organisations or other legal entities , which have , in accordance with the criteria laid down by their national law , collective agreements or national practices , a legitimate interest in ensuring that the provisions of this directive are complied with , may engage either on behalf of a collective interest or on behalf of or in support of the worker and members of his / her family in any judicial and / or administrative procedure provided for the enforcement of rights under article 45 of the treaty and articles 1 to 10 of regulation no 492 / 2011 .


### member states should promote dialogue with non - governmental organisations and between social partners to address and combat different forms of discrimination on the grounds of nationality . ### member states should promote dialogue with social partners and non - governmental organisations to address and combat different forms of discrimination on the grounds of nationality .


### member states should ensure the promotion of synergies with existing information and support tools at the union level and to this end they should ensure that existing or newly created bodies are aware , make use of and co - operate with the existing information and assistance services , such as your europe , solvit , eures , enterprise europe network and the points of single contact . ### member states should ensure the promotion of synergies with existing information and support tools at the union level and to this end they should ensure that existing or newly created bodies are aware , make use of and co - operate with the existing information and assistance services , such as your europe , solvit , eures , enterprise europe network and the points of single contact . member states shall also ensure that existing or newly created bodies are aware , make use of and co - operate with existing information and assistance services provided by the trade unions , associations , organisations or other legal entities .


### member states should establish how employers , workers and other people can be provided with easily accessible , relevant information on the provisions of this directive and the relevant provisions of regulation no 492 / 2011 . this information should also be easily accessible through your europe and eures . ### member states should establish how employers , workers and other people can be provided with easily accessible , relevant information on provisions of regulation no 492 / 2011 , including information on the institution to which the tasks referred to in article 5 are attributed . this information should also be easily accessible through your europe and eures .


### the free movement of workers gives every citizen the right to move freely to another member state to work and reside there for that purpose . it protects them against discrimination on the grounds of nationality as regards employment , remuneration and other working conditions by ensuring their equal treatment in comparison to nationals of that member state . it needs to be distinguished from the freedom to provide services , which includes the right of undertakings to provide services in another member state , for which they may send their own workers to another member state temporarily to carry out the work necessary to provide these services there . ### the free movement of workers gives every citizen the right to move freely to another member state to work and reside there for that purpose . it protects them against discrimination on the grounds of nationality as regards employment , remuneration and other working conditions by ensuring their equal treatment in comparison to nationals of that member state .


### to provide more effective levels of protection , associations and legal entities should also be empowered to engage , as the member states determine , on behalf of or in support of any victim in proceedings , without prejudice to national rules of procedure concerning representation and defense before the courts . ### to provide more effective levels of protection , associations and legal entities should also be empowered to engage , as the member states determine , on behalf of or in support of any victim in proceedings , without prejudice to national rules of procedure concerning representation and defence before the courts . member states should be encouraged to implement the commission’s recommendation c3539 of 11 june 2013 on common principles for injunctive and compensatory collective redress mechanisms in the member states concerning violations of rights granted under union law and to facilitate the operation of its mechanism to protect workers efficiently .


### member states shall encourage dialogue with appropriate non - governmental organisations and the social partners which have , in accordance with their national law and practice , a legitimate interest in contributing to the fight against discrimination on grounds of nationality with a view to promoting the principle of equal treatment . ### member states shall encourage dialogue with the social partners and appropriate non - governmental organisations which have , in accordance with their national law and practice , a legitimate interest in contributing to the fight against discrimination on grounds of nationality with a view to promoting the principle of equal treatment .


### member states shall encourage dialogue with appropriate non - governmental organisations and the social partners which have , in accordance with their national law and practice , a legitimate interest in contributing to the fight against discrimination on grounds of nationality with a view to promoting the principle of equal treatment . ### member states shall establish dialogue with appropriate non - governmental organisations and the social partners which have , in accordance with their national law and practice , a legitimate interest in contributing to the fight against discrimination on grounds of nationality with a view to promoting the principle of equal treatment .


### paragraph 1 shall apply without prejudice to national rules on time limits for enforcement of those rights . these time limits shall be such that they cannot be regarded as capable of rendering virtually impossible or excessively difficult the exercise of rights conferred by union law . ### time limits for enforcement of those rights shall be such that they cannot be regarded as capable of rendering virtually impossible or much more difficult the exercise of rights conferred by union law .


### member states should establish how employers , workers and other people can be provided with easily accessible , relevant information on the provisions of this directive and the relevant provisions of regulation no 492 / 2011 . this information should also be easily accessible through your europe and eures . ### member states should establish how employers , workers and other people can be provided with easily accessible , relevant information on provisions of regulation no 492 / 2011 , including information on the bodies to which the tasks referred to in article 5 are allocated . this information should also be easily accessible through your europe and eures .


### without prejudice to the right of workers or the members of their family and associations and organisations or other legal entities referred to in article 4 , the provision of independent legal and / or other assistance to workers or the members of their family in pursuing their complaints ; ### without prejudice to the right of workers or the members of their family and associations and organisations or other legal entities referred to in article 4 , the provision of independent legal and / or other assistance covering all aspects of national labour law to workers or the members of their family in pursuing their complaints ;


### member states shall designate a structure , a body or bodies for the promotion , analysis , monitoring and support of equal treatment of all workers or members of their families without discrimination on grounds of nationality and make the necessary arrangements for functioning of such bodies . these bodies may form part of agencies at a national level with similar objectives but covering a wider range of discrimination grounds . in that case , the member state shall ensure allocation of sufficient resources to the existing body for the performance of additional tasks in order to ensure that the performance of already existing tasks of these bodies will not suffer . ### member states shall designate a structure , a body or bodies for the promotion , analysis , monitoring and support of equal treatment of all workers or members of their families without discrimination on grounds of nationality and make the necessary arrangements for functioning of such bodies . these bodies may form part of existing agencies or bodies at a national level with similar objectives but covering a wider range of discrimination grounds . in that case , the member state shall ensure allocation of sufficient resources to the existing body for the performance of additional tasks in order to ensure that the performance of already existing tasks of these bodies will not suffer .


### member states shall ensure that existing or newly created bodies are aware , make use of and co - operate with the existing information and assistance services at union level , such as your europe , solvit , eures , enterprise europe network and the points of single contact . ### member states shall ensure that existing or newly created bodies are aware , make use of and co - operate with the existing information and assistance services at union level , such as your europe , solvit , eures , enterprise europe network and the points of single contact . member states shall also ensure that existing or newly created bodies are aware , make use of and co - operate with existing information and assistance services provided by the trade unions , associations , organisations or other legal entities .


### paragraph 1 shall apply without prejudice to national rules on time limits for enforcement of those rights . these time limits shall be such that they cannot be regarded as capable of rendering virtually impossible or excessively difficult the exercise of rights conferred by union law . ### paragraph 1 shall apply without prejudice to national rules on time limits for enforcement of those rights . these time limits shall be such that they cannot be regarded as capable of rendering virtually impossible or significantly difficult the exercise of rights conferred by union law .


### conditions of employment and work , in particular as regards remuneration and dismissal ; ### conditions of employment and work , in particular as regards remuneration , dismissal and health and safety at work ;


### member states shall designate a structure , a body or bodies for the promotion , analysis , monitoring and support of equal treatment of all workers or members of their families without discrimination on grounds of nationality and make the necessary arrangements for functioning of such bodies . these bodies may form part of agencies at a national level with similar objectives but covering a wider range of discrimination grounds . in that case , the member state shall ensure allocation of sufficient resources to the existing body for the performance of additional tasks in order to ensure that the performance of already existing tasks of these bodies will not suffer . ### member states shall designate a structure , a body or bodies for the promotion , analysis , monitoring and support of equal treatment of all workers or members of their families without discrimination on grounds of nationality and make the necessary arrangements for functioning of such bodies . these bodies may form part of existing agencies or bodies at a national level with similar objectives but covering a wider range of discrimination grounds . in that case , the member state shall ensure allocation of sufficient resources to the existing body for the performance of additional tasks in order to ensure that the performance of already existing tasks of these bodies will not suffer . in keeping with the provisions of their national law , member states shall give non - governmental bodies the task of assisting the victims of discrimination .


### member states should make information about employment terms and conditions more widely available to workers from other member states , to employers and to other interested parties . ### member states should ensure that information about employment terms and conditions and their enforcement is more widely available to workers from other member states , to employers and to other interested parties . member states should provide , on request , similar information to those of its own citizens who wish to exercise the right to freedom of movement and move to another member state .


### member states shall deploy no later than 1 october 2015 the necessary ecall psap infrastructure required for the proper receipt and handling of all ecalls , if necessary purged of non - emergency calls , on their territory , in accordance with the specifications laid down by delegated regulation no 305 / 2013 , in order to ensure the compatibility , interoperability and continuity of the interoperable eu - wide ecall service . this is without prejudice to the right of each member state to organise its emergency services in the way most cost effective and appropriate to its needs , including the possibility to filter calls that are not emergency calls and may not be handled by ecall psaps , in particular in the case of manually triggered ecalls ; ### member states shall deploy no later than 1 june 2016 the necessary ecall psap infrastructure required for the proper receipt and handling of all ecalls , if necessary purged of non - emergency calls , on their territory , in accordance with the specifications laid down by delegated regulation no 305 / 2013 , in order to ensure the compatibility , interoperability and continuity of the interoperable eu - wide ecall service . member states shall also ensure that the level of accuracy and reliability of caller location of a call to 112 with a gnss - enabled mobile terminal is equivalent to that of an ecall , in accordance with directive 95 / 46 / ec on data protection , and no later than 1 june 2016 . this is without prejudice to the right of each member state to organise its emergency services in the way most cost effective and appropriate to its needs , including the possibility to filter calls that are not emergency calls and may not be handled by ecall psaps , in particular in the case of manually triggered ecalls ;


### arbitration and conciliation services ; ### arbitration and conciliation services , legal services and notarial services ;


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


### public procurement plays a key role in the europe 2020 strategy12 as one of the market - based instruments to be used to achieve a smart , sustainable and inclusive growth while ensuring the most efficient use of public funds . for that purpose , the current public procurement rules adopted pursuant to directive 2004 / 17 / ec of the european parliament and of the council of 31 march 2004 coordinating the procurement procedures of entities operating in the water , energy , transport and postal services sectors and directive 2004 / 18 / ec of the european parliament and of the council of 31 march 2004 on the coordination of procedures for the award of public works contracts , public supply contracts and public service contracts have to be revised and modernised in order to increase the efficiency of public spending , facilitating in particular the participation of small and medium - sized enterprises in public procurement and to enable procurers to make better use of public procurement in support of common societal goals . there is also a need to clarify basic notions and concepts to ensure better legal certainty and to incorporate certain aspects of related well - established case - law of the court of justice of the european union . ### public procurement plays a key role in the europe 2020 strategy as one of the market - based instruments to be used to achieve a smart , sustainable and inclusive growth while ensuring the most efficient use of public funds . for that purpose , the current public procurement rules adopted pursuant to directive 2004 / 17 / ec of the european parliament and of the council of 31 march 2004 coordinating the procurement procedures of entities operating in the water , energy , transport and postal services sectors and directive 2004 / 18 / ec of the european parliament and of the council of 31 march 2004 on the coordination of procedures for the award of public works contracts , public supply contracts and public service contracts have to be revised and modernised in order to enable procurers to make better use of public procurement in support of sustainable development compliance with social and labour rights and other common societal goals and in order thereby to increase the efficiency of public spending , guaranteeing the best possible result in terms of cost - effectiveness and facilitating in particular the participation of small and medium - sized enterprises in public procurement and to enable procurers to make better use of public procurement in support of common societal goals . there is also a need to simplify union rules on public procurement , in particular as regards the method used to achieve the sustainability objectives which should be part and parcel of public procurement policy and clarify basic notions and concepts to ensure better legal certainty and to incorporate certain aspects of related well - established case - law of the court of justice of the european union .


### the notices referred to in paragraphs 1 and 2 shall be published in accordance with article 49 . ### the notices referred to in paragraph 2 shall be published in accordance with article 49 .


### contracting authorities may decide not to award a contract to the tenderer submitting the best tender where they have established that the tender does not comply , at least in an equivalent manner , with obligations established by union legislation in the field of social and labour law or environmental law or of the international social and environmental law provisions listed in annex xi . ### contracting authorities may decide not to award a contract to the tenderer submitting the best tender where it has been established that the tender does not comply , at least in an equivalent manner , with obligations established by national or union legislation in the field of social and labour law or environmental law or of the international social and environmental law provisions listed in annex xi .


### the notices referred to in paragraphs 1 and 2 shall contain the information referred to in annexes vi part h and i , in accordance with the standard forms . ### the notices referred to in paragraph 2 shall contain the information referred to in annexes vi part h and i , in accordance with the standard forms .


### some weaknesses have , however , recently been identified , in particular with regard to the statistical quality - management framework . ### some major weaknesses have , however , recently been identified , in particular with regard to the statistical quality - management framework , which have resulted in inaccurate , and in some cases , false statistical data .


### within their national statistical system , the heads of nsis shall have the sole responsibility for deciding on processes , statistical methods , standards and procedures , and on the content and timing of statistical releases and publications for all european statistics . they shall be empowered to decide on all matters regarding the internal management of the nsi . they shall coordinate the statistical activities of all national authorities that contribute to the development , production and dissemination of european statistics . when carrying out these tasks , the heads of nsis shall act in an independent manner ; they shall neither seek nor take instructions from any government or other institution , body , office or entity ; they shall refrain from any action incompatible with the performance of these tasks . ### within their national statistical system , the heads of nsis shall have the sole responsibility for deciding on processes , statistical methods , standards and procedures , and on the content and timing of statistical releases and publications for all european statistics . they shall be empowered to decide on all matters regarding the internal management of the nsi . they shall coordinate the statistical activities of all national authorities that contribute to the development , production and dissemination of european statistics produced through the ess . furthermore , they shall cooperate with the respective ncbs on issues related to the production of european statistics that are common to the ess and to the escb . when carrying out these tasks , the heads of nsis shall act in an independent manner ; they shall neither seek nor take instructions from any government or other institution , body , office or entity ; they shall refrain from any action incompatible with the performance of these tasks .


### member states shall ensure that the period for payment fixed in the contract shall not exceed the time limits provided for in paragraph 2 , unless it is specifically agreed between the debtor and the creditor and is duly justified in the light of particular circumstances such as an objective need to schedule payment over a longer period . ### member states shall ensure that the period for payment fixed in the contract shall not exceed the time limits provided for in paragraph 2 .


### member states shall ensure that the period for payment fixed in the contract shall not exceed the time limits provided for in paragraph 2 , unless it is specifically agreed between the debtor and the creditor and is duly justified in the light of particular circumstances such as an objective need to schedule payment over a longer period . ### member states shall ensure that the period for payment fixed in the contract shall not exceed the time limits provided for in paragraph 4 , unless it is specifically agreed between the debtor and the creditor and is duly justified in accordance with the principle of necessity , and at all events never exceeds 60 days .


### interest in case of late payment ### interest in case of late payment in commercial transactions between undertakings


### in the absence of a system for declaring collective agreements of universal application , member states may base themselves on collective agreements which are generally applicable to all similar undertakings in the geographical area and in the profession or industry concerned , and / or collective agreements which have been concluded by the most representative employers ' and labour organisations at national level and which are applied throughout national territory . ### in addition to the legislative , administrative and regulatory provisions applicable to workers who are nationals of the host member state , arbitration decisions and collective agreements and contracts concluded at any level , in accordance with the host member state’s national law and practice , should also apply to third - country national seasonal workers under the same terms as to nationals of the host member state .


### working conditions , including pay and dismissal as well as health and safety requirements at the workplace , applicable to seasonal work as laid down by law , regulation or administrative provision and / or universally applicable collective agreements in the member state to which they have been admitted according to this directive . ### working conditions , including pay and dismissal , working time and leave , holidays and disciplinary provisions , professional and family life as well as health and safety requirements at the workplace , taking into account , in addition to legal , administrative and regulatory provisions , the arbitration decisions and collective agreements and contracts , concluded , at any level , in accordance with the host member state ' s law and practices , by the most representative employers ' and labour organisations , under the same terms as for nationals of the host member state .


### whatever the law applicable to the employment relationship , seasonal workers shall be entitled to : working conditions , including pay and dismissal as well as health and safety requirements at the workplace , applicable to seasonal work as laid down by law , regulation or administrative provision and / or universally applicable collective agreements in the member state to which they have been admitted according to this directive . in the absence of a system for declaring collective agreements to be of universal application , member states may , if they so decide , base themselves on collective agreements which are generally applicable to all similar undertakings in the geographical area and in the profession or industry concerned , and / or collective agreements which have been concluded by the most representative employers ' and labour organisations at national level and which are applied throughout national territory ; 2 . equal treatment with nationals of the host member state as regards at least with regard to : freedom of association and affiliation and membership of an organisation representing workers or of any organisation whose members are engaged in a specific occupation , including the benefits conferred by such organisations , without prejudice to the national provisions on public policy and public security ; b ) provisions in national laws regarding the branches of social security as defined in article 3 of council regulation no 883 / 04 ; c ) payment of statutory pensions based on the worker ' s previous employment under the same conditions as nationals of the member states concerned when they move to a third country ; d ) access to goods and services and the supply of goods and services made available to the public , except public housing and counselling services afforded by employment services . ### seasonal workers shall be entitled to equal treatment with nationals of the host member state at least with regard to : working conditions , including pay and dismissal , working hours , holidays and disciplinary provisions , as well as health and safety requirements at the workplace , taking into account , in addition to legal , administrative and regulatory provisions , arbitration decisions and collective agreements and contracts , concluded at any level , in accordance with the host member state ' s law and practices , by the most representative employers ' and labour organisations , under the same terms as for nationals of the host member state ; 2 . freedom of association and affiliation and membership of an organisation representing workers or of any organisation whose members are engaged in a specific occupation , including the rights and benefits conferred by such organisations , including the right to negotiate and conclude collective agreements and the right to strike and take industrial action , in accordance with the host member state’s national law and practices which comply with union law , without prejudice to the national provisions on public policy and public security ; 3 . the branches of social security , as defined in regulation no 883 / 2004 ; 4 . access to goods and services and the supply of goods and services made available to the public including procedures for obtaining housing and the assistance and advice services afforded by employment offices as provided by national law . this paragraph shall be without prejudice to the freedom of contract in accordance with national and union law .


### to facilitate enforcement , relevant designated third parties such as trade unions or other associations should be able to lodge complaints in order to ensure effective application of the directive . this is considered necessary to address situations where seasonal workers are unaware of the existence of enforcement mechanisms or hesitant to use these in their own name , out of fear of possible consequences . ### to facilitate enforcement of this directive , effective mechanisms should be developed through which seasonal workers may lodge complaints directly or through relevant third parties such as trade unions or other associations . this is considered necessary to address situations where seasonal workers are unaware of the existence of enforcement mechanisms or hesitant to use these in their own name , out of fear of possible consequences . there should also be adequate judicial protection against the victimisation of seasonal workers as a result of a complaint being made . organisations representing workers ' rights should have access to the relevant documentation and to any accommodation provided .


### member states should have the possibility to apply a test demonstrating that a post cannot be filled from within the domestic labour market . ### also as a consequence of the crisis , the high unemployment rate and the great number of long - term unemployed people living in the eu , for whom seasonal work is often an important tool for easing financial difficulties , member states should have the possibility to apply a test every year demonstrating that a post cannot be filled from within the domestic and the union labour market .


### to facilitate enforcement , relevant designated third parties such as trade unions or other associations should be able to lodge complaints in order to ensure effective application of the directive . this is considered necessary to address situations where seasonal workers are unaware of the existence of enforcement mechanisms or hesitant to use these in their own name , out of fear of possible consequences . ### to facilitate enforcement of this directive , there should be effective mechanisms through which seasonal workers may lodge complaints directly or through relevant third parties such as trade unions or other associations . this is considered necessary to address situations where seasonal workers are unaware of the existence of enforcement mechanisms or hesitant to use these in their own name , out of fear of possible consequences . there should also be adequate judicial protection against victimisation of seasonal workers as a result of a complaint being made .


### ‘ activity dependent on the passing of the seasons’ means an activity that is tied to a certain time of the year by an event or pattern during which labour levels are required that are far above those necessary for usually ongoing operations ; ### ‘ activity dependent on the passing of the seasons’ means an activity that is tied to a certain time of the year by an event or pattern of events linked to seasonal conditions during which the required labour levels are regularly and predictably far above those necessary for usually ongoing operations ;


### considering the specially vulnerable situation of third - country national seasonal workers and the temporary nature of their assignment , there is a need to define clearly the working conditions applicable to such workers in order to ensure legal certainty by referring such conditions to generally binding instruments providing effective protection of the rights of third - country seasonal workers , such as law or universally applicable collective agreements . ### considering the specially vulnerable situation of third - country national seasonal workers and the temporary nature of their assignment , there is a need to provide effective protection of the rights of third - country seasonal workers and to fully guarantee respect for the principle of equal treatment with workers who are nationals of the host member state .


### ‘ activity dependent on the passing of the seasons’ means an activity that is tied to a certain time of the year by an event or pattern during which labour levels are required that are far above those necessary for usually ongoing operations ; ### ‘ activity dependent on the passing of the seasons’ means an activity that is tied to a certain time of the year by an event or pattern of events during which the required labour levels are regularly and predictably far above those necessary for usually ongoing operations ;


### member states shall require employers of seasonal workers to provide evidence that the seasonal worker will benefit from accommodation that ensures an adequate standard of living . if seasonal workers are required to pay rent for such accommodation , its cost shall not be excessive in relation to their remuneration . ### member states shall require employers of seasonal workers to provide evidence that the seasonal worker will benefit from adequate accommodation , pursuant to national legislation and practice , that ensures a decent standard of living . as a minimum , such accommodation shall provide the inhabitants with adequate space , shall protect them from the elements and other threats to health , shall be safe and well maintained , and shall provide the facilities essential for health , security , comfort and nutrition , such as safe drinking water , systems for cooking , heating and lighting , sanitation and washing facilities , means of food storage and&#160 ; refuse disposal . the accommodation shall allow access to basic services .


### working conditions , including pay and dismissal as well as health and safety requirements at the workplace , applicable to seasonal work as laid down by law , regulation or administrative provision and / or universally applicable collective agreements in the member state to which they have been admitted according to this directive . ### working conditions including pay and dismissal , working hours and holidays as well as health and safety requirements at the workplace , as laid down by law , regulation or administrative and regulatory provisions and collective agreements in the member states in which they are currently working .


### a valid work contract or , as provided for in national law , a binding job offer to work as a seasonal worker in the member state concerned with an employer established in the member state that specifies the rate of pay and the working hours per week or month and , when applicable , other relevant working conditions ; ### a valid work contract or , as provided for in national law , a binding job offer to work as a seasonal worker in the member state concerned with an employer established in the member state that specifies the essential aspects of the contract or employment relationship as laid down in article 2 of council directive 91 / 533 / ec of 14 october 1991 on an employer ' s obligation to inform employees of the conditions applicable to the contract or employment relationship1 , in accordance with the provisions laid down in article 16 of this directive ; _____________ 1 oj l 228 , 18 . 10 . 1991 , p . 32 .


### activities dependent on the passing of the seasons are typically to be found in sectors such as agriculture , during the planting or harvesting period , or tourism , during the holiday period . ### activities dependent on the passing of the seasons are typically to be found in sectors such as agriculture and horticulture , during the planting or harvesting period , or tourism , during the holiday period .


### the directive should provide for a flexible entry system based on demand and objective criteria , such as a valid work contract or a binding job offer that specifies the level of remuneration applicable to seasonal workers in the sector concerned . ### the directive should provide for a flexible entry system based on demand and objective criteria , such as a valid work contract or a binding job offer that specifies the essential aspects of the contract or employment relationship .


### working conditions , including pay and dismissal as well as health and safety requirements at the workplace , applicable to seasonal work as laid down by law , regulation or administrative provision and / or universally applicable collective agreements in the member state to which they have been admitted according to this directive . ### terms of employment &#8211 ; that is , the minimum working age , restrictions on home - working and all other matters regarded as terms of employment according to the host member state ' s law and national practice &#8211 ; and working conditions , including pay and dismissal , working hours and holidays as well as health and safety requirements at the workplace , as laid down by law , regulation or administrative provision or by arbitration decisions , collective agreements and contracts concluded at any level , in accordance with the host member state ' s national law and practice and under the same terms as those applicable to nationals of the host member state .


### this directive shall not affect the right of member states to adopt or retain more favourable provisions for persons to whom it applies in respect of articles 13 to 17 of this directive . ### this directive shall not affect the right of member states to adopt or retain more favourable provisions for third - country nationals to whom it applies in respect of articles 13 to 17 of this directive .


### freedom of association and affiliation and membership of an organisation representing workers or of any organisation whose members are engaged in a specific occupation , including the benefits conferred by such organisations , without prejudice to the national provisions on public policy and public security ; ### freedom of association and affiliation and membership of an organisation representing workers or of any organisation whose members are engaged in a specific occupation , including the rights and benefits conferred by such organisations , inter alia the right to negotiate and conclude collective agreements and the right to strike and take industrial action , in accordance with the host member state ' s national law and practice , without prejudice to the national provisions on public policy and public security ;


### activities dependent on the passing of the seasons are typically to be found in sectors such as agriculture , during the planting or harvesting period , or tourism , during the holiday period . ### activities dependent on the passing of the seasons are typically to be found in sectors such as agriculture , during the planting or harvesting period , tourism , or large - scale construction during the holiday period .


### third - country national seasonal workers should be granted equal treatment in respect of those branches of social security listed in article 3 of regulation no 883 / 2004 on the coordination of social security systems . this directive should not confer more rights than those already provided in existing eu legislation in the field of social security for third - country nationals who have cross - border interests between member states . furthermore , this directive should not grant rights in relation to situations which lie outside the scope of that eu legislation such as , for example , to family members residing in a third country . this is without prejudice to the non discriminatory application by member states of national legislation providing for de minimis rules on contributions to pension systems . ### adequate social security coverage for seasonal workers is a key element of this directive and important for ensuring that their working and living conditions while staying in the union are decent . equal treatment should be granted to third - country nationals . special attention should be given to provisions ensuring equal treatment as regards social security under national law in respect of those branches of social security defined in article 3 of regulation no 883 / 04 of the european parliament and of the council of 29 april 2004 on the coordination of social security systems . without prejudice to bilateral agreements providing for better social security coverage , this directive should establish mechanisms which ensure effective coverage by social security during the stay and mechanisms for exporting acquired rights where applicable . this may include special adjustments concerning inter alia the qualifying or the waiting period . any restrictions to the equal treatment in the field of social security under this directive should be without prejudice to the rights conferred in application of regulation no1231 / 2010 of the european parliament and of the council of 24 november 2010 extending regulation no 883 / 2004 and regulation no 987 / 2009 to nationals of third countries who , solely on the ground of their nationality , are not already covered by these regulations .


### moreover , there are opportunities for mutually reinforcing interaction with the union ' s cohesion policy by addressing the linkages between the local and global aspects of innovation . co - location centres provide for cross - border collaboration and are well positioned to capitalise on various funding schemes from their respective regions . the co - location centres play a major role in strengthening the local - global connectivity of the kic as a whole , including through close co - operation with regional authorities , in particular those involved in designing and delivering the regional innovation strategies for smart specialisation . furthermore , linkages between kics and local cluster organisations could be strengthened to increase the involvement of smes in the activities of the kics . while opportunities for synergies differ depending on the thematic area of a kic , a number of initiatives and programmes at eu level seem particularly prone to offering benefits from cooperation and coordination . as the very concept of the eit / kics rests on adding value to existing european excellence , the kics – present and future – will by definition seek to explore these synergies to a maximum . kics will add value to initiatives that may exist in the relevant areas , including joint programming initiatives , european innovation partnerships and public private partnerships . ### moreover , there are opportunities for mutually reinforcing interaction with the union ' s cohesion policy by addressing the linkages between the local and global aspects of innovation . co - location centres provide for cross - regional and cross - border collaboration and are well positioned to capitalise on various funding schemes from their respective regions . the co - location centres play a major role in strengthening the local - global connectivity of the kic as a whole , including through close co - operation with regional authorities , in particular those involved in designing and delivering the regional innovation strategies for smart specialisation . furthermore , linkages between kics and local cluster organisations could be strengthened to increase the involvement of smes in the activities of the kics . while opportunities for synergies differ depending on the thematic area of a kic , a number of initiatives and programmes at eu level seem particularly prone to offering benefits from cooperation and coordination . as the very concept of the eit / kics rests on adding value to existing european excellence , the kics – present and future – will by definition seek to explore these synergies to a maximum . kics will add value to initiatives that may exist in the relevant areas , including joint programming initiatives , european innovation partnerships and public private partnerships . safeguards shall be created in order to avoid double funding . any reduction in funding of other education - related programmes should be avoided .


### for each aif an aifm manages , it shall periodically disclose to investors : ### for each aif that permits redemptions at the option of investors , the managing aifm shall periodically disclose to investors :


### the commission shall adopt implementing measures further specifying the reporting obligations referred to in paragraphs 1 , 2 and 3 and their frequency . ### the commission is empowered to adopt , in accordance with article 49 of this directive , delegated acts further specifying the reporting obligations referred to in paragraphs 1 , 2 and 3 , which may be adapted and supplemented in the light of evolving financial techniques , and their frequency .


### for each aif an aifm manages , it shall periodically disclose to investors : ### aif and aifm , for each aif that it manages , shall periodically disclose to investors , beneficiaries , their representatives and their assigned analysts :


### the commission shall adopt implementing measures specifying the criteria for assessing the equivalence of the valuation standards and rules of third countries as referred to in paragraph . those measures , designed to amend non - essential elements of this directive by supplementing it , shall be adopted in accordance with the regulatory procedure with scrutiny referred to in article 49 . ### the commission is empowered to adopt , in accordance with article 49 of this directive , delegated acts specifying the criteria for assessing the equivalence of the valuation standards and rules of third countries as referred to in paragraph .