title: Directive 2014/42/EU of the European Parliament and of the Council of 3 April 2014 on the freezing and confiscation of instrumentalities and proceeds of crime in the European Union

text:
               29.4.2014

               EN

               Official Journal of the European Union

               L 127/39

         DIRECTIVE 2014/42/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
   of 3 April 2014
   on the freezing and confiscation of instrumentalities and proceeds of crime in the European Union
   THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 82(2) and Article 83(1) thereof,
   Having regard to the proposal from the European Commission,
   After transmission of the draft legislative act to the national parliaments,
   Having regard to the opinion of the European Economic and Social Committee (1),
   Having regard to the opinion of the Committee of the Regions (2),
   Acting in accordance with the ordinary legislative procedure (3),
   Whereas:

               (1)

               The main motive for cross-border organised crime, including mafia-type criminal organisation, is financial gain. As a consequence, competent authorities should be given the means to trace, freeze, manage and confiscate the proceeds of crime. However, the effective prevention of and fight against organised crime should be achieved by neutralising the proceeds of crime and should be extended, in certain cases, to any property deriving from activities of a criminal nature.

               (2)

               Organised criminal groups operate without borders and increasingly acquire assets in Member States other than those in which they are based and in third countries. There is an increasing need for effective international cooperation on asset recovery and mutual legal assistance.

               (3)

               Among the most effective means of combating organised crime is providing for severe legal consequences for committing such crime, as well as effective detection and the freezing and confiscation of the instrumentalities and proceeds of crime.

               (4)

               Although existing statistics are limited, the amounts recovered from proceeds of crime in the Union seem insufficient compared to the estimated proceeds. Studies have shown that, although regulated by Union and national law, confiscation procedures remain underused.

               (5)

               The adoption of minimum rules will approximate the Member States’ freezing and confiscation regimes, thus facilitating mutual trust and effective cross-border cooperation.

               (6)

               The Stockholm Programme and the Justice and Home Affairs Council Conclusions on confiscation and asset recovery adopted in June 2010 emphasise the importance of a more effective identification, confiscation and re-use of criminal assets.

               (7)

               The current Union legal framework on freezing, seizure and confiscation of assets consists of Joint Action 98/699/JHA (4), Council Framework Decision 2001/500/JHA (5), Council Framework Decision 2003/577/JHA (6), Council Framework Decision 2005/212/JHA (7) and Council Framework Decision 2006/783/JHA (8).

               (8)

               The Commission implementation reports on Framework Decisions 2003/577/JHA, 2005/212/JHA and 2006/783/JHA show that existing regimes for extended confiscation and for the mutual recognition of freezing and confiscation orders are not fully effective. Confiscation is hindered by differences between Member States’ law.

               (9)

               This Directive aims to amend and expand the provisions of Framework Decisions 2001/500/JHA and 2005/212/JHA. Those Framework Decisions should be partially replaced for the Member States bound by this Directive.

               (10)

               Member States are free to bring confiscation proceedings which are linked to a criminal case before any competent court.

               (11)

               There is a need to clarify the existing concept of proceeds of crime to include the direct proceeds from criminal activity and all indirect benefits, including subsequent reinvestment or transformation of direct proceeds. Thus proceeds can include any property including that which has been transformed or converted, fully or in part, into other property, and that which has been intermingled with property acquired from legitimate sources, up to the assessed value of the intermingled proceeds. It can also include the income or other benefits derived from proceeds of crime, or from property into or with which such proceeds have been transformed, converted or intermingled.

               (12)

               This Directive provides for a broad definition of property that can be subject to freezing and confiscation. That definition includes legal documents or instruments evidencing title or interest in such property. Such documents or instruments could include, for example, financial instruments, or documents that may give rise to creditor claims and are normally found in the possession of the person affected by the relevant procedures. This Directive is without prejudice to the existing national procedures for keeping legal documents or instruments evidencing title or interest in property, as they are applied by the competent national authorities or public bodies in accordance with national law.

               (13)

               Freezing and confiscation under this Directive are autonomous concepts, which should not prevent Member States from implementing this Directive using instruments which, in accordance with national law, would be considered as sanctions or other types of measures.

               (14)

               In the confiscation of instrumentalities and proceeds of crime following a final decision of a court and of property of equivalent value to those instrumentalities and proceeds, the broad concept of criminal offences covered by this Directive should apply. Framework Decision 2001/500/JHA requires Member States to enable the confiscation of instrumentalities and proceeds of crime following a final conviction and to enable the confiscation of property the value of which corresponds to such instrumentalities and proceeds. Such obligations should be maintained for the criminal offences not covered by this Directive, and the concept of proceeds as defined in this Directive should be interpreted in the similar way as regards criminal offences not covered by this Directive. Member States are free to define the confiscation of property of equivalent value as subsidiary or alternative to direct confiscation, as appropriate in accordance with national law.

               (15)

               Subject to a final conviction for a criminal offence, it should be possible to confiscate instrumentalities and proceeds of crime, or property the value of which corresponds to such instrumentalities or proceeds. Such final conviction can also result from proceedings in absentia. When confiscation on the basis of a final conviction is not possible, it should nevertheless under certain circumstances still be possible to confiscate instrumentalities and proceeds, at least in the cases of illness or absconding of the suspected or accused person. However, in such cases of illness and absconding, the existence of proceedings in absentia in Member States would be sufficient to comply with this obligation. When the suspected or accused person has absconded, Member States should take all reasonable steps and may require that the person concerned be summoned to or made aware of the confiscation proceedings.

               (16)

               For the purposes of this Directive, illness should be understood to mean the inability of the suspected or accused person to attend the criminal proceedings for an extended period, as a result of which the proceedings cannot continue under normal conditions. Suspected or accused persons may be requested to prove illness, for example by a medical certificate, which the court should be able to disregard if it finds it unsatisfactory. The right of that person to be represented in the proceedings by a lawyer should not be affected.

               (17)

               When implementing this Directive in respect of confiscation of property the value of which corresponds to instrumentalities, the relevant provisions could be applicable where, in view of the particular circumstances of the case at hand, such a measure is proportionate, having regard in particular to the value of the instrumentalities concerned. Member States may also take into account whether and to what extent the convicted person is responsible for making the confiscation of the instrumentalities impossible.

               (18)

               When implementing this Directive, Member States may provide that, in exceptional circumstances, confiscation should not be ordered, insofar as it would, in accordance with national law, represent undue hardship for the affected person, on the basis of the circumstances of the respective individual case which should be decisive. Member States should make a very restricted use of this possibility, and should only be allowed to provide that confiscation is not to be ordered in cases where it would put the person concerned in a situation in which it would be very difficult for him to survive.

               (19)

               Criminal groups engage in a wide range of criminal activities. In order to effectively tackle organised criminal activities there may be situations where it is appropriate that a criminal conviction be followed by the confiscation not only of property associated with a specific crime, but also of additional property which the court determines constitutes the proceeds of other crimes. This approach is referred to as extended confiscation. Framework Decision 2005/212/JHA provides for three different sets of minimum requirements that Member States can choose from in order to apply extended confiscation. As a result, in the process of transposition of that Framework Decision, Member States have chosen different options which resulted in divergent concepts of extended confiscation in national jurisdictions. That divergence hampers cross-border cooperation in relation to confiscation cases. It is therefore necessary to further harmonise the provisions on extended confiscation by setting a single minimum standard.

               (20)

               When determining whether a criminal offence is liable to give rise to economic benefit, Member States may take into account the modus operandi, for example if a condition of the offence is that it was committed in the context of organised crime or with the intention of generating regular profits from criminal offences. However, this should not, in general, prejudice the possibility to resort to extended confiscation.

               (21)

               Extended confiscation should be possible where a court is satisfied that the property in question is derived from criminal conduct. This does not mean that it must be established that the property in question is derived from criminal conduct. Member States may provide that it could, for example, be sufficient for the court to consider on the balance of probabilities, or to reasonably presume that it is substantially more probable, that the property in question has been obtained from criminal conduct than from other activities. In this context, the court has to consider the specific circumstances of the case, including the facts and available evidence based on which a decision on extended confiscation could be issued. The fact that the property of the person is disproportionate to his lawful income could be among those facts giving rise to a conclusion of the court that the property derives from criminal conduct. Member States could also determine a requirement for a certain period of time during which the property could be deemed to have originated from criminal conduct.

               (22)

               This Directive lays down minimum rules. It does not prevent Member States from providing more extensive powers in their national law, including, for example, in relation to their rules on evidence.

               (23)

               This Directive applies to criminal offences which fall within the scope of the instruments listed herein. Within the scope of those instruments, Member States should apply extended confiscation at least to certain criminal offences as defined in this Directive.

               (24)

               The practice by a suspected or accused person of transferring property to a knowing third party with a view to avoiding confiscation is common and increasingly widespread. The current Union legal framework does not contain binding rules on the confiscation of property transferred to third parties. It is therefore becoming increasingly necessary to allow for the confiscation of property transferred to or acquired by third parties. Acquisition by a third party refers to situations where, for example, property has been acquired, directly or indirectly, for example through an intermediary, by the third party from a suspected or accused person, including when the criminal offence has been committed on their behalf or for their benefit, and when an accused person does not have property that can be confiscated. Such confiscation should be possible at least in cases where third parties knew or ought to have known that the purpose of the transfer or acquisition was to avoid confiscation, on the basis of concrete facts and circumstances, including that the transfer was carried out free of charge or in exchange for an amount significantly lower than the market value. The rules on third party confiscation should extend to both natural and legal persons. In any event the rights of bona fide third parties should not be prejudiced.

               (25)

               Member States are free to define third party confiscation as subsidiary or alternative to direct confiscation, as appropriate in accordance with national law.

               (26)

               Confiscation leads to the final deprivation of property. However, preservation of property can be a prerequisite to confiscation and can be of importance for the enforcement of a confiscation order. Property is preserved by means of freezing. In order to prevent the dissipation of property before a freezing order can be issued, the competent authorities in the Member States should be empowered to take immediate action in order to secure such property.

               (27)

               Since property is often preserved for the purposes of confiscation, freezing and confiscation are closely linked. In some legal systems freezing for the purposes of confiscation is regarded as a separate procedural measure of a provisional nature, which may be followed by a confiscation order. Without prejudice to different national legal systems and to Framework Decision 2003/577/JHA, this Directive should approximate some aspects of the national systems of freezing for the purposes of confiscation.

               (28)

               Freezing measures are without prejudice to the possibility for a specific property to be considered evidence throughout the proceedings, provided that it would ultimately be made available for effective execution of the confiscation order.

               (29)

               In the context of criminal proceedings, property may also be frozen with a view to its possible subsequent restitution or in order to safeguard compensation for the damage caused by a criminal offence.

               (30)

               Suspected or accused persons often hide property throughout the entire duration of criminal proceedings. As a result confiscation orders cannot be executed, leaving those subject to confiscation orders to benefit from their property once they have served their sentences. It is therefore necessary to enable the determination of the precise extent of the property to be confiscated even after a final conviction for a criminal offence, in order to permit the full execution of confiscation orders when no property or insufficient property was initially identified and the confiscation order remains unexecuted.

               (31)

               Given the limitation of the right to property by freezing orders, such provisional measures should not be maintained longer than necessary to preserve the availability of the property with a view to possible subsequent confiscation. This may require a review by the court in order to ensure that the purpose of preventing the dissipation of property remains valid.

               (32)

               Property frozen with a view to possible subsequent confiscation should be managed adequately in order not to lose its economic value. Member States should take the necessary measures, including the possibility of selling or transferring the property to minimise such losses. Member States should take relevant measures, for example the establishment of national centralised Asset Management Offices, a set of specialised offices or equivalent mechanisms, in order to effectively manage the assets frozen before confiscation and preserve their value, pending judicial determination.

               (33)

               This Directive substantially affects the rights of persons, not only of suspected or accused persons, but also of third parties who are not being prosecuted. It is therefore necessary to provide for specific safeguards and judicial remedies in order to guarantee the preservation of their fundamental rights in the implementation of this Directive. This includes the right to be heard for third parties who claim that they are the owner of the property concerned, or who claim that they have other property rights (‘real rights’, ‘ius in re’), such as the right of usufruct. The freezing order should be communicated to the affected person as soon as possible after its execution. Nevertheless, the competent authorities may postpone communicating such orders to the affected person due to the needs of the investigation.

               (34)

               The purpose of communicating the freezing order is, inter alia, to allow the affected person to challenge the order. Therefore, such communication should indicate, at least briefly, the reason or reasons for the order concerned, it being understood that such indication can be very succinct.

               (35)

               Member States should consider taking measures allowing confiscated property to be used for public interest or social purposes. Such measures could, inter alia, comprise earmarking property for law enforcement and crime prevention projects, as well as for other projects of public interest and social utility. That obligation to consider taking measures entails a procedural obligation for Member States, such as conducting a legal analysis or discussing the advantages and disadvantages of introducing measures. When managing frozen property and when taking measures concerning the use of confiscated property, Member States should take appropriate action to prevent criminal or illegal infiltration.

               (36)

               Reliable data sources on the freezing and confiscation of the proceeds of crime are scarce. In order to allow for the evaluation of this Directive, it is necessary to collect a comparable minimum set of appropriate statistical data on freezing and confiscation of property, asset tracing, judicial and asset disposal activities.

               (37)

               Member States should endeavour to collect data for certain statistics at a central level, with a view to sending them to the Commission. This means that the Member States should make reasonable efforts to collect the data concerned. It does not mean, however, that the Member States are under an obligation to achieve the result of collecting the data where there is a disproportionate administrative burden or when there are high costs for the Member State concerned.

               (38)

               This Directive respects the fundamental rights and observes the principles recognised by the Charter of Fundamental Rights of the European Union (‘the Charter’) and the European Convention for the Protection of Human Rights and Fundamental Freedoms (‘the ECHR’), as interpreted in the case-law of the European Court of Human Rights. This Directive should be implemented in accordance with those rights and principles. This Directive should be without prejudice to national law in relation to legal aid and does not create any obligations for Member States’ legal aid systems, which should apply in accordance with the Charter and the ECHR.

               (39)

               Specific safeguards should be put in place, so as to ensure that as a general rule reasons are given for confiscation orders, unless when, in simplified criminal proceedings in minor cases, the affected person has waived his or her right to be given reasons.

               (40)

               This Directive should be implemented taking account of the provisions of Directive 2010/64/EU of the European Parliament and of the Council (9), Directive 2012/13/EU of the European Parliament and of the Council (10) and Directive 2013/48/EU of the European Parliament and of the Council (11) which concern procedural rights in criminal proceedings.

               (41)

               Since the objective of this Directive, namely facilitating confiscation of property in criminal matters, cannot be sufficiently achieved by the Member States but can rather be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union (TEU). In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve that objective.

               (42)

               In accordance with Articles 3 and 4a(1) of Protocol (No 21) on the position of the United Kingdom and Ireland in respect of the Area of Freedom, Security and Justice, annexed to the TEU and to the Treaty on the Functioning of the European Union (TFEU), Ireland has notified its wish to take part in the adoption and application of this Directive. In accordance with that Protocol, Ireland is to be bound by this Directive only in respect of the offences covered by the instruments by which it is bound.

               (43)

               In accordance with Articles 1, 2 and 4a(1) of Protocol (No 21) on the position of the United Kingdom and Ireland in respect of the Area of Freedom, Security and Justice, annexed to the TEU and to the TFEU, and without prejudice to Article 4 of that Protocol, the United Kingdom is not taking part in the adoption of this Directive and is not bound by it or subject to its application. Subject to its participation in accordance with Article 4 of that Protocol, the United Kingdom is to be bound by this Directive only in respect of the offences covered by the instruments by which it is bound.

               (44)

               In accordance with Articles 1 and 2 of Protocol (No 22) on the position of Denmark annexed to the TEU and to the TFEU, Denmark is not taking part in the adoption of this Directive and is not bound by it or subject to its application,

         HAVE ADOPTED THIS DIRECTIVE:
   Article 1
   Subject matter
   1.   This Directive establishes minimum rules on the freezing of property with a view to possible subsequent confiscation and on the confiscation of property in criminal matters.
   2.   This Directive is without prejudice to the procedures that Member States may use to confiscate the property in question.
   Article 2
   Definitions
   For the purpose of this Directive, the following definitions apply:

               (1)

               ‘proceeds’ means any economic advantage derived directly or indirectly from a criminal offence; it may consist of any form of property and includes any subsequent reinvestment or transformation of direct proceeds and any valuable benefits;

               (2)

               ‘property’ means property of any description, whether corporeal or incorporeal, movable or immovable, and legal documents or instruments evidencing title or interest in such property;

               (3)

               ‘instrumentalities’ means any property used or intended to be used, in any manner, wholly or in part, to commit a criminal offence or criminal offences;

               (4)

               ‘confiscation’ means a final deprivation of property ordered by a court in relation to a criminal offence;

               (5)

               ‘freezing’ means the temporary prohibition of the transfer, destruction, conversion, disposal or movement of property or temporarily assuming custody or control of property;

               (6)

               ‘criminal offence’ means an offence covered by any of the instruments listed in Article 3.

         Article 3
   Scope
   This Directive shall apply to criminal offences covered by:

               (a)

               Convention drawn up on the basis of Article K.3(2)(c) of the Treaty on European Union on the fight against corruption involving officials of the European Communities or officials of the Member States of the European Union (12) (‘Convention on the fight against corruption involving officials’);

               (b)

               Council Framework Decision 2000/383/JHA of 29 May 2000 on increasing protection by criminal penalties and other sanctions against counterfeiting in connection with the introduction of the euro (13);

               (c)

               Council Framework Decision 2001/413/JHA of 28 May 2001 on combating fraud and counterfeiting on non-cash means of payment (14);

               (d)

               Council Framework Decision 2001/500/JHA of 26 June 2001 on money laundering, the identification, tracing, freezing, seizing and confiscation of instrumentalities and the proceeds of crime (15);

               (e)

               Council Framework Decision 2002/475/JHA of 13 June 2002 on combating terrorism (16);

               (f)

               Council Framework Decision 2003/568/JHA of 22 July 2003 on combating corruption in the private sector (17);

               (g)

               Council Framework Decision 2004/757/JHA of 25 October 2004 laying down minimum provisions on the constituent elements of criminal acts and penalties in the field of illicit drug trafficking (18);

               (h)

               Council Framework Decision 2008/841/JHA of 24 October 2008 on the fight against organised crime (19);

               (i)

               Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims, and replacing Council Framework Decision 2002/629/JHA (20);

               (j)

               Directive 2011/93/EU of the European Parliament and of the Council of 13 December 2011 on combating the sexual abuse and sexual exploitation of children and child pornography, and replacing Council Framework Decision 2004/68/JHA (21);

               (k)

               Directive 2013/40/EU of the European Parliament and of the Council of 12 August 2013 on attacks against information systems and replacing Council Framework Decision 2005/222/JHA (22),

         as well as other legal instruments if those instruments provide specifically that this Directive applies to the criminal offences harmonised therein.
   Article 4
   Confiscation
   1.   Member States shall take the necessary measures to enable the confiscation, either in whole or in part, of instrumentalities and proceeds or property the value of which corresponds to such instrumentalities or proceeds, subject to a final conviction for a criminal offence, which may also result from proceedings in absentia.
   2.   Where confiscation on the basis of paragraph 1 is not possible, at least where such impossibility is the result of illness or absconding of the suspected or accused person, Member States shall take the necessary measures to enable the confiscation of instrumentalities and proceeds in cases where criminal proceedings have been initiated regarding a criminal offence which is liable to give rise, directly or indirectly, to economic benefit, and such proceedings could have led to a criminal conviction if the suspected or accused person had been able to stand trial.
   Article 5
   Extended confiscation
   1.   Member States shall adopt the necessary measures to enable the confiscation, either in whole or in part, of property belonging to a person convicted of a criminal offence which is liable to give rise, directly or indirectly, to economic benefit, where a court, on the basis of the circumstances of the case, including the specific facts and available evidence, such as that the value of the property is disproportionate to the lawful income of the convicted person, is satisfied that the property in question is derived from criminal conduct.
   2.   For the purpose of paragraph 1 of this Article, the notion of ‘criminal offence’ shall include at least the following:

               (a)

               active and passive corruption in the private sector, as provided for in Article 2 of Framework Decision 2003/568/JHA, as well as active and passive corruption involving officials of institutions of the Union or of the Member States, as provided for in Articles 2 and 3 respectively of the Convention on the fight against corruption involving officials;

               (b)

               offences relating to participation in a criminal organisation, as provided for in Article 2 of Framework Decision 2008/841/JHA, at least in cases where the offence has led to economic benefit;

               (c)

               causing or recruiting a child to participate in pornographic performances, or profiting from or otherwise exploiting a child for such purposes if the child is over the age of sexual consent, as provided for in Article 4(2) of Directive 2011/93/EU; distribution, dissemination or transmission of child pornography, as provided for in Article 5(4) of that Directive; offering, supplying or making available child pornography, as provided for in Article 5(5) of that Directive; production of child pornography, as provided for in Article 5(6) of that Directive;

               (d)

               illegal system interference and illegal data interference, as provided for in Articles 4 and 5 respectively of Directive 2013/40/EU, where a significant number of information systems have been affected through the use of a tool, as provided for in Article 7 of that Directive, designed or adapted primarily for that purpose; the intentional production, sale, procurement for use, import, distribution or otherwise making available of tools used for committing offences, at least for cases which are not minor, as provided for in Article 7 of that Directive;

               (e)

               a criminal offence that is punishable, in accordance with the relevant instrument in Article 3 or, in the event that the instrument in question does not contain a penalty threshold, in accordance with the relevant national law, by a custodial sentence of a maximum of at least four years.

         Article 6
   Confiscation from a third party
   1.   Member States shall take the necessary measures to enable the confiscation of proceeds, or other property the value of which corresponds to proceeds, which, directly or indirectly, were transferred by a suspected or accused person to third parties, or which were acquired by third parties from a suspected or accused person, at least if those third parties knew or ought to have known that the purpose of the transfer or acquisition was to avoid confiscation, on the basis of concrete facts and circumstances, including that the transfer or acquisition was carried out free of charge or in exchange for an amount significantly lower than the market value.
   2.   Paragraph 1 shall not prejudice the rights of bona fide third parties.
   Article 7
   Freezing
   1.   Member States shall take the necessary measures to enable the freezing of property with a view to possible subsequent confiscation. Those measures, which shall be ordered by a competent authority, shall include urgent action to be taken when necessary in order to preserve property.
   2.   Property in the possession of a third party, as referred to under Article 6, can be subject to freezing measures for the purposes of possible subsequent confiscation.
   Article 8
   Safeguards
   1.   Member States shall take the necessary measures to ensure that the persons affected by the measures provided for under this Directive have the right to an effective remedy and a fair trial in order to uphold their rights.
   2.   Member States shall take the necessary measures to ensure that the freezing order is communicated to the affected person as soon as possible after its execution. Such communication shall indicate, at least briefly, the reason or reasons for the order concerned. When it is necessary to avoid jeopardising a criminal investigation, the competent authorities may postpone communicating the freezing order to the affected person.
   3.   The freezing order shall remain in force only for as long as it is necessary to preserve the property with a view to possible subsequent confiscation.
   4.   Member States shall provide for the effective possibility for the person whose property is affected to challenge the freezing order before a court, in accordance with procedures provided for in national law. Such procedures may provide that when the initial freezing order has been taken by a competent authority other than a judicial authority, such order shall first be submitted for validation or review to a judicial authority before it can be challenged before a court.
   5.   Frozen property which is not subsequently confiscated shall be returned immediately. The conditions or procedural rules under which such property is returned shall be determined by national law.
   6.   Member States shall take the necessary measures to ensure that reasons are given for any confiscation order and that the order is communicated to the person affected. Member States shall provide for the effective possibility for a person in respect of whom confiscation is ordered to challenge the order before a court.
   7.   Without prejudice to Directive 2012/13/EU and Directive 2013/48/EU, persons whose property is affected by a confiscation order shall have the right of access to a lawyer throughout the confiscation proceedings relating to the determination of the proceeds and instrumentalities in order to uphold their rights. The persons concerned shall be informed of that right.
   8.   In proceedings referred to in Article 5, the affected person shall have an effective possibility to challenge the circumstances of the case, including specific facts and available evidence on the basis of which the property concerned is considered to be property that is derived from criminal conduct.
   9.   Third parties shall be entitled to claim title of ownership or other property rights, including in the cases referred to in Article 6.
   10.   Where, as a result of a criminal offence, victims have claims against the person who is subject to a confiscation measure provided for under this Directive, Member States shall take the necessary measures to ensure that the confiscation measure does not prevent those victims from seeking compensation for their claims.
   Article 9
   Effective confiscation and execution
   Member States shall take the necessary measures to enable the detection and tracing of property to be frozen and confiscated even after a final conviction for a criminal offence or following proceedings in application of Article 4(2) and to ensure the effective execution of a confiscation order, if such an order has already been issued.
   Article 10
   Management of frozen and confiscated property
   1.   Member States shall take the necessary measures, for example by establishing centralised offices, a set of specialised offices or equivalent mechanisms, to ensure the adequate management of property frozen with a view to possible subsequent confiscation.
   2.   Member States shall ensure that the measures referred to in paragraph 1 include the possibility to sell or transfer property where necessary.
   3.   Member States shall consider taking measures allowing confiscated property to be used for public interest or social purposes.
   Article 11
   Statistics
   1.   Member States shall regularly collect and maintain comprehensive statistics from the relevant authorities. The statistics collected shall be sent to the Commission each year and shall include:

               (a)

               the number of freezing orders executed;

               (b)

               the number of confiscation orders executed;

               (c)

               the estimated value of property frozen, at least of property frozen with a view to possible subsequent confiscation at the time of freezing;

               (d)

               the estimated value of property recovered at the time of confiscation.

         2.   Member States shall also send each year the following statistics to the Commission, if they are available at a central level in the Member State concerned:

               (a)

               the number of requests for freezing orders to be executed in another Member State;

               (b)

               the number of requests for confiscation orders to be executed in another Member State;

               (c)

               the value or estimated value of the property recovered following execution in another Member State.

         3.   Member States shall endeavour to collect data referred to in paragraph 2 at a central level.
   Article 12
   Transposition
   1.   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 4 October 2015. They shall forthwith transmit to the Commission the text of those provisions.
   2.   When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.
   3.   Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
   Article 13
   Reporting
   The Commission shall, by 4 October 2018 submit a report to the European Parliament and the Council, assessing the impact of existing national law on confiscation and asset recovery, accompanied, if necessary, by adequate proposals.
   In that report, the Commission shall also assess whether there is any need to revise the list of offences in Article 5(2).
   Article 14
   Replacement of Joint Action 98/699/JHA and of certain provisions of Framework Decisions 2001/500/JHA and 2005/212/JHA
   1.   Joint Action 98/699/JHA, point (a) of Article 1 and Articles 3 and 4 of Framework Decision 2001/500/JHA, and the first four indents of Article 1 and Article 3 of Framework Decision 2005/212/JHA, are replaced by this Directive for the Member States bound by this Directive, without prejudice to the obligations of those Member States relating to the time limits for transposition of those Framework Decisions into national law.
   2.   For the Member States bound by this Directive, references to Joint Action 98/699/JHA and to the provisions of Framework Decisions 2001/500/JHA and 2005/212/JHA referred to in paragraph 1 shall be construed as references to this Directive.
   Article 15
   Entry into force
   This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
   Article 16
   Addressees
   This Directive is addressed to Member States in accordance with the Treaties.

      Done at Brussels, 3 April 2014.

            For the European Parliament

            The President

         M. SCHULZ

            For the Council

            The President

         D. KOURKOULAS

      (1)  OJ C 299, 4.10.2012, p. 128.

      (2)  OJ C 391, 18.12.2012, p. 134.

      (3)  Position of the European Parliament of 25 February 2014 (not yet published in the Official Journal) and Council decision of 14 March 2014.

      (4)  Joint Action 98/699/JHA of 3 December 1998 adopted by the Council on the basis of Article K.3 of the Treaty on European Union, on money laundering, the identification, tracing, freezing, seizing and confiscation of instrumentalities and the proceeds from crime (OJ L 333, 9.12.1998, p. 1).

      (5)  Council Framework Decision 2001/500/JHA of 26 June 2001 on money laundering, the identification, tracing, freezing, seizing and confiscation of instrumentalities and the proceeds of crime (OJ L 182, 5.7.2001, p. 1).

      (6)  Council Framework Decision 2003/577/JHA of 22 July 2003 on the execution in the European Union of orders freezing property or evidence (OJ L 196, 2.8.2003, p. 45).

      (7)  Council Framework Decision 2005/212/JHA of 24 February 2005 on confiscation of crime-related proceeds, instrumentalities and property (OJ L 68, 15.3.2005, p. 49).

      (8)  Council Framework Decision 2006/783/JHA of 6 October 2006 on the application of the principle of mutual recognition to confiscation orders (OJ L 328, 24.11.2006, p. 59).

      (9)  Directive 2010/64/EU of the European Parliament and of the Council of 20 October 2010 on the right to interpretation and translation in criminal proceedings (OJ L 280, 26.10.2010, p. 1).

      (10)  Directive 2012/13/EU of the European Parliament and of the Council of 22 May 2012 on the right to information in criminal proceedings (OJ L 142, 1.6.2012, p. 1).

      (11)  Directive 2013/48/EU of the European Parliament and of the Council of 22 October 2013 on the right of access to a lawyer in criminal proceedings and in European arrest warrant proceedings, and on the right to have a third party informed upon deprivation of liberty and to communicate with third persons and with consular authorities while deprived of liberty (OJ L 294, 6.11.2013, p. 1).

      (12)  OJ C 195, 25.6.1997, p. 1.

      (13)  OJ L 140, 14.6.2000, p. 1.

      (14)  OJ L 149, 2.6.2001, p. 1.

      (15)  OJ L 182, 5.7.2001, p. 1.

      (16)  OJ L 164, 22.6.2002, p. 3.

      (17)  OJ L 192, 31.7.2003, p. 54.

      (18)  OJ L 335, 11.11.2004, p. 8.

      (19)  OJ L 300, 11.11.2008, p. 42.

      (20)  OJ L 101, 15.4.2011, p. 1.

      (21)  OJ L 335, 17.12.2011, p. 1.

      (22)  OJ L 218, 14.8.2013, p. 8.


title: Directive 2014/89/EU of the European Parliament and of the Council of 23 July 2014 establishing a framework for maritime spatial planning

text:
               28.8.2014

               EN

               Official Journal of the European Union

               L 257/135

         DIRECTIVE 2014/89/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
   of 23 July 2014
   establishing a framework for maritime spatial planning
   THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 43(2), 100(2), 192(1), and 194(2) thereof,
   Having regard to the proposal from the European Commission,
   After transmission of the draft legislative act to the national parliaments,
   Having regard to the opinion of the European Economic and Social Committee (1),
   Having regard to the opinion of the Committee of the Regions (2),
   Acting in accordance with the ordinary legislative procedure (3),
   Whereas:

               (1)

               The high and rapidly increasing demand for maritime space for different purposes, such as installations for the production of energy from renewable sources, oil and gas exploration and exploitation, maritime shipping and fishing activities, ecosystem and biodiversity conservation, the extraction of raw materials, tourism, aquaculture installations and underwater cultural heritage, as well as the multiple pressures on coastal resources, require an integrated planning and management approach.

               (2)

               Such an approach to ocean management and maritime governance has been developed in the Integrated Maritime Policy for the European Union (‘IMP’), including, as its environmental pillar, Directive 2008/56/EC of the European Parliament and of the Council (4). The objective of the IMP is to support the sustainable development of seas and oceans and to develop coordinated, coherent and transparent decision-making in relation to the Union’s sectoral policies affecting the oceans, seas, islands, coastal and outermost regions and maritime sectors, including through sea-basin strategies or macro-regional strategies, whilst achieving good environmental status as set out in Directive 2008/56/EC.

               (3)

               The IMP identifies maritime spatial planning as a cross-cutting policy tool enabling public authorities and stakeholders to apply a coordinated, integrated and trans-boundary approach. The application of an ecosystem-based approach will contribute to promoting the sustainable development and growth of the maritime and coastal economies and the sustainable use of marine and coastal resources.

               (4)

               Maritime spatial planning supports and facilitates the implementation of the Europe 2020 Strategy for smart, sustainable and inclusive growth (‘the Europe 2020 Strategy’), endorsed by the European Council in its conclusions of 17 June 2010, which aims to deliver high levels of employment, productivity and social cohesion, including promotion of a more competitive, resource-efficient and green economy. The coastal and maritime sectors have significant potential for sustainable growth and are keys to the implementation of the Europe 2020 Strategy.

               (5)

               In its communication entitled ‘Blue Growth: opportunities for marine and maritime sustainable growth’, the Commission has identified a number of ongoing Union initiatives which are intended to implement the Europe 2020 Strategy, as well as a number of activities on which blue growth initiatives could focus in the future and which could be adequately supported by greater confidence and certainty for investors provided through maritime spatial planning.

               (6)

               Regulation (EU) No 1255/2011 of the European Parliament and of the Council (5) supported and facilitated the implementation of maritime spatial planning and integrated coastal management. European Structural and Investment Funds, including the European Maritime and Fisheries Fund (6), will provide opportunities to support the implementation of this Directive for 2014-2020.

               (7)

               The United Nations Convention on the Law of the Sea of 1982 (‘Unclos’) states in its preamble that issues relating to the use of ocean space are closely interrelated and need to be considered as a whole. Planning of ocean space is the logical advancement and structuring of obligations and of the use of rights granted under Unclos and a practical tool in assisting Member States to comply with their obligations.

               (8)

               In order to promote the sustainable coexistence of uses and, where applicable, the appropriate apportionment of relevant uses in the maritime space, a framework should be put in place that consists at least of the establishment and implementation by Member States of maritime spatial planning, resulting in plans.

               (9)

               Maritime spatial planning will contribute to the effective management of marine activities and the sustainable use of marine and coastal resources, by creating a framework for consistent, transparent, sustainable and evidence-based decision-making. In order to achieve its objectives, this Directive should lay down obligations to establish a maritime planning process, resulting in a maritime spatial plan or plans; such a planning process should take into account land-sea interactions and promote cooperation among Member States. Without prejudice to the existing Union acquis in the areas of energy, transport, fisheries and the environment, this Directive should not impose any other new obligations, notably in relation to the concrete choices of the Member States about how to pursue the sectoral policies in those areas, but should rather aim to contribute to those policies through the planning process.

               (10)

               In order to ensure consistency and legal clarity, the geographical scope for maritime spatial planning should be defined in conformity with existing legislative instruments of the Union and international maritime law, in particular Unclos. The competences of Member States relating to maritime boundaries and jurisdiction are not altered by this Directive.

               (11)

               While it is appropriate for the Union to provide a framework for maritime spatial planning, Member States remain responsible and competent for designing and determining, within their marine waters, the format and content of such plans, including institutional arrangements and, where applicable, any apportionment of maritime space to different activities and uses respectively.

               (12)

               In order to respect proportionality and subsidiarity, as well as to minimise additional administrative burdens, the transposition and implementation of this Directive should to the greatest extent possible build upon existing national, regional and local rules and mechanisms, including those set out in Recommendation 2002/413/EC of the European Parliament and of the Council (7) or in Council Decision 2010/631/EU (8).

               (13)

               In marine waters, ecosystems and marine resources are subject to significant pressures. Human activities, but also climate change effects, natural hazards and shoreline dynamics such as erosion and accretion, can have severe impacts on coastal economic development and growth, as well as on marine ecosystems, leading to deterioration of environmental status, loss of biodiversity and degradation of ecosystem services. Due regard should be had to these various pressures in the establishment of maritime spatial plans. Moreover, healthy marine ecosystems and their multiple services, if integrated in planning decisions, can deliver substantial benefits in terms of food production, recreation and tourism, climate change mitigation and adaptation, shoreline dynamics control and disaster prevention.

               (14)

               In order to promote the sustainable growth of maritime economies, the sustainable development of marine areas and the sustainable use of marine resources, maritime spatial planning should apply an ecosystem-based approach as referred to in Article 1(3) of Directive 2008/56/EC with the aim of ensuring that the collective pressure of all activities is kept within levels compatible with the achievement of good environmental status and that the capacity of marine ecosystems to respond to human-induced changes is not compromised, while contributing to the sustainable use of marine goods and services by present and future generations. In addition, an ecosystem-based approach should be applied in a way that is adapted to the specific ecosystems and other specificities of the different marine regions and that takes into consideration the ongoing work in the Regional Sea Conventions, building on existing knowledge and experience. The approach will also allow for an adaptive management which ensures refinement and further development as experience and knowledge increase, taking into account the availability of data and information at sea basin level to implement that approach. Member States should take into account the precautionary principle and the principle that preventive action should be taken, as laid down in Article 191(2) of the Treaty on the Functioning of the European Union.

               (15)

               Maritime spatial planning will contribute, inter alia, to achieving the aims of Directive 2009/28/EC of the European Parliament and of the Council (9), Council Regulation (EC) No 2371/2002 (10), Directive 2009/147/EC of the European Parliament and of the Council (11), Council Directive 92/43/EEC (12), Decision No 884/2004/EC of the European Parliament and of the Council (13), Directive 2000/60/EC of the European Parliament and of the Council (14), Directive 2008/56/EC, recalling the Commission communication of 3 May 2011 entitled ‘Our life insurance, our natural capital: an EU biodiversity strategy to 2020’, the Commission communication of 20 September 2011 entitled ‘Roadmap to a Resource Efficient Europe’, the Commission communication of 16 April 2013 entitled ‘An EU Strategy on Adaptation to Climate Change’ and the Commission communication of 21 January 2009 entitled ‘Strategic goals and recommendations for the EU’s maritime transport policy until 2018’, as well as, where appropriate, those of the Union’s Regional Policy, including the sea-basin and macro-regional strategies.

               (16)

               Marine and coastal activities are often closely interrelated. In order to promote the sustainable use of maritime space, maritime spatial planning should take into account land-sea interactions. For this reason, maritime spatial planning can play a very useful role in determining orientations related to sustainable and integrated management of human activities at sea, preservation of the living environment, the fragility of coastal ecosystems, erosion and social and economic factors. Maritime spatial planning should aim to integrate the maritime dimension of some coastal uses or activities and their impacts and ultimately allow an integrated and strategic vision.

               (17)

               This framework Directive does not interfere with Member States’ competence for town and country planning, including any terrestrial or land spatial planning system used to plan how land and coastal zone should be used. If Member States apply terrestrial planning to coastal waters or parts thereof, this Directive should not apply to those waters.

               (18)

               Maritime spatial planning should cover the full cycle of problem and opportunity identification, information collection, planning, decision-making, implementation, revision or updating, and the monitoring of implementation, and should have due regard to land-sea interactions and best available knowledge. Best use should be made of mechanisms set out in existing or future legislation, including Commission Decision 2010/477/EU (15) and the Commission’s Marine Knowledge 2020 initiative.

               (19)

               The main purpose of maritime spatial planning is to promote sustainable development and to identify the utilisation of maritime space for different sea uses as well as to manage spatial uses and conflicts in marine areas. Maritime spatial planning also aims at identifying and encouraging multi-purpose uses, in accordance with the relevant national policies and legislation. In order to achieve that purpose, Member States need at least to ensure that the planning process or processes result in a comprehensive planning identifying the different uses of maritime space and taking into consideration long-term changes due to climate change.

               (20)

               Member States should consult and coordinate their plans with the relevant Member States and should cooperate with third-country authorities in the marine region concerned in conformity with the rights and obligations of those Member States and of the third countries concerned under Union and international law. Effective cross-border cooperation between Member States and with neighbouring third countries requires that the competent authorities in each Member State be identified. Member States therefore need to designate the competent authority or authorities responsible for the implementation of this Directive. Given the differences between various marine regions or sub-regions and coastal zones, it is not appropriate to prescribe in detail in this Directive the form which those cooperation mechanisms should take.

               (21)

               The management of marine areas is complex and involves different levels of authorities, economic operators and other stakeholders. In order to promote sustainable development in an effective manner, it is essential that stakeholders, authorities and the public be consulted at an appropriate stage in the preparation of maritime spatial plans under this Directive, in accordance with relevant Union legislation. A good example of public consultation provisions can be found in Article 2(2) of Directive 2003/35/EC of the European Parliament and of the Council (16).

               (22)

               Through maritime spatial plans, Member States can reduce the administrative burden and costs in support of their action to implement other relevant Union legislation. The timelines for maritime spatial plans should therefore, where possible, be coherent with the timetables set out in other relevant legislation, especially: Directive 2009/28/EC, which requires the share of energy from renewable sources in gross final consumption of energy in 2020 to be at least 20 % and which identifies coordination of authorisation, certification and planning procedures, including spatial planning, as an important contribution to the achievement of the Union’s targets for energy from renewable sources; Directive 2008/56/EC and point 6 of Part A of the Annex to Decision 2010/477/EU, which require Member States to take the necessary measures to achieve or maintain good environmental status in the marine environment by 2020 and which identify maritime spatial planning as a tool to support the ecosystem-based approach to the management of human activities in order to achieve good environmental status; Decision No 884/2004/EC, which requires that the trans-European transport network be established by 2020 by means of the integration of Europe’s land, sea and air transport infrastructure networks.

               (23)

               Directive 2001/42/EC of the European Parliament and of the Council (17) establishes environmental assessment as an important tool for integrating environmental considerations into the preparation and adoption of plans and programmes. Where maritime spatial plans are likely to have significant effects on the environment, they are subject to Directive 2001/42/EC. Where maritime spatial plans include Natura 2000 sites, such an environmental assessment can be combined with the requirements of Article 6 of Directive 92/43/EEC, to avoid duplication.

               (24)

               With a view to ensuring that maritime spatial plans are based on reliable data and to avoid additional administrative burdens, it is essential that Member States make use of the best available data and information by encouraging the relevant stakeholders to share information and by making use of existing instruments and tools for data collection, such as those developed in the context of the Marine Knowledge 2020 initiative and Directive 2007/2/EC of the European Parliament and of the Council (18).

               (25)

               Member States should send copies of their maritime spatial plans and any updates to the Commission, so as to enable the latter to monitor the implementation of this Directive. The Commission will use the information provided by the Member States, and existing information available under Union legislation, to keep the European Parliament and the Council informed of progress made in implementing this Directive.

               (26)

               Timely transposition of this Directive is essential since the Union has adopted a number of policy initiatives that are to be implemented by the year 2020 and which this Directive aims to support and complement.

               (27)

               A landlocked Member State would be under a disproportionate and unnecessary obligation if it had to transpose and implement this Directive. Therefore, such Member States should be exempted from the obligation to transpose and implement this Directive,

         HAVE ADOPTED THIS DIRECTIVE:
   CHAPTER I

      GENERAL PROVISIONS

   Article 1
   Subject matter
   1.   This Directive establishes a framework for maritime spatial planning aimed at promoting the sustainable growth of maritime economies, the sustainable development of marine areas and the sustainable use of marine resources.
   2.   Within the Integrated Maritime Policy of the Union, that framework provides for the establishment and implementation by Member States of maritime spatial planning, with the aim of contributing to the objectives specified in Article 5, taking into account land-sea interactions and enhanced cross-border cooperation, in accordance with relevant Unclos provisions.
   Article 2
   Scope
   1.   This Directive shall apply to marine waters of Member States, without prejudice to other Union legislation. It shall not apply to coastal waters or parts thereof falling under a Member State’s town and country planning, provided that this is communicated in its maritime spatial plans.
   2.   This Directive shall not apply to activities the sole purpose of which is defence or national security.
   3.   This Directive shall not interfere with Member States’ competence to design and determine, within their marine waters, the extent and coverage of their maritime spatial plans. It shall not apply to town and country planning.
   4.   This Directive shall not affect the sovereign rights and jurisdiction of Member States over marine waters which derive from relevant international law, particularly Unclos. In particular, the application of this Directive shall not influence the delineation and delimitation of maritime boundaries by the Member States in accordance with the relevant provisions of Unclos.
   Article 3
   Definitions
   For the purposes of this Directive, the following definitions apply:

               (1)

               ‘Integrated Maritime Policy’ (IMP) means a Union policy whose aim is to foster coordinated and coherent decision-making to maximise the sustainable development, economic growth and social cohesion of Member States, and notably the coastal, insular and outermost regions in the Union, as well as maritime sectors, through coherent maritime-related policies and relevant international cooperation;

               (2)

               ‘maritime spatial planning’ means a process by which the relevant Member State’s authorities analyse and organise human activities in marine areas to achieve ecological, economic and social objectives;

               (3)

               ‘marine region’ means the marine region referred to in Article 4 of Directive 2008/56/EC;

               (4)

               ‘marine waters’ means the waters, the seabed and subsoil as defined in point (1)(a) of Article 3 of Directive 2008/56/EC and coastal waters as defined in point 7 of Article 2 of Directive 2000/60/EC and their seabed and their subsoil.

         CHAPTER II

      MARITIME SPATIAL PLANNING

   Article 4
   Establishment and implementation of maritime spatial planning
   1.   Each Member State shall establish and implement maritime spatial planning.
   2.   In doing so, Member States shall take into account land-sea interactions.
   3.   The resulting plan or plans shall be developed and produced in accordance with the institutional and governance levels determined by Member States. This Directive shall not interfere with Member States’ competence to design and determine the format and content of that plan or those plans.
   4.   Maritime spatial planning shall aim to contribute to the objectives listed in Article 5 and fulfil the requirements laid down in Articles 6 and 8.
   5.   When establishing maritime spatial planning, Member States shall have due regard to the particularities of the marine regions, relevant existing and future activities and uses and their impacts on the environment, as well as to natural resources, and shall also take into account land-sea interactions.
   6.   Member States may include or build on existing national policies, regulations or mechanisms that have been or are being established before the entry into force of this Directive, provided they are in conformity with the requirements of this Directive.
   Article 5
   Objectives of maritime spatial planning
   1.   When establishing and implementing maritime spatial planning, Member States shall consider economic, social and environmental aspects to support sustainable development and growth in the maritime sector, applying an ecosystem-based approach, and to promote the coexistence of relevant activities and uses.
   2.   Through their maritime spatial plans, Member States shall aim to contribute to the sustainable development of energy sectors at sea, of maritime transport, and of the fisheries and aquaculture sectors, and to the preservation, protection and improvement of the environment, including resilience to climate change impacts. In addition, Member States may pursue other objectives such as the promotion of sustainable tourism and the sustainable extraction of raw materials.
   3.   This Directive is without prejudice to the competence of Member States to determine how the different objectives are reflected and weighted in their maritime spatial plan or plans.
   Article 6
   Minimum requirements for maritime spatial planning
   1.   Member States shall establish procedural steps to contribute to the objectives listed in Article 5, taking into account relevant activities and uses in marine waters.
   2.   In doing so, Member States shall:

               (a)

               take into account land-sea interactions;

               (b)

               take into account environmental, economic and social aspects, as well as safety aspects;

               (c)

               aim to promote coherence between maritime spatial planning and the resulting plan or plans and other processes, such as integrated coastal management or equivalent formal or informal practices;

               (d)

               ensure the involvement of stakeholders in accordance with Article 9;

               (e)

               organise the use of the best available data in accordance with Article 10;

               (f)

               ensure trans-boundary cooperation between Member States in accordance with Article 11;

               (g)

               promote cooperation with third countries in accordance with Article 12.

         3.   Maritime spatial plans shall be reviewed by Member States as decided by them but at least every ten years.
   Article 7
   Land-sea interactions
   1.   In order to take into account land-sea interactions in accordance with Article 4(2), should this not form part of the maritime spatial planning process as such, Member States may use other formal or informal processes, such as integrated coastal management. The outcome shall be reflected by Member States in their maritime spatial plans.
   2.   Without prejudice to Article 2(3), Member States shall aim through maritime spatial planning to promote coherence of the resulting maritime spatial plan or plans with other relevant processes.
   Article 8
   Setting-up of maritime spatial plans
   1.   When establishing and implementing maritime spatial planning, Member States shall set up maritime spatial plans which identify the spatial and temporal distribution of relevant existing and future activities and uses in their marine waters, in order to contribute to the objectives set out in Article 5.
   2.   In doing so and in accordance with Article 2(3), Member States shall take into consideration relevant interactions of activities and uses. Without prejudice to Member States’ competences, possible activities and uses and interests may include:

               —

               aquaculture areas,

               —

               fishing areas,

               —

               installations and infrastructures for the exploration, exploitation and extraction of oil, of gas and other energy resources, of minerals and aggregates, and for the production of energy from renewable sources,

               —

               maritime transport routes and traffic flows,

               —

               military training areas,

               —

               nature and species conservation sites and protected areas,

               —

               raw material extraction areas,

               —

               scientific research,

               —

               submarine cable and pipeline routes,

               —

               tourism,

               —

               underwater cultural heritage.

         Article 9
   Public participation
   1.   Member States shall establish means of public participation by informing all interested parties and by consulting the relevant stakeholders and authorities, and the public concerned, at an early stage in the development of maritime spatial plans, in accordance with relevant provisions established in Union legislation.
   2.   Member States shall also ensure that the relevant stakeholders and authorities, and the public concerned, have access to the plans once they are finalised.
   Article 10
   Data use and sharing
   1.   Member States shall organise the use of the best available data, and decide how to organise the sharing of information, necessary for maritime spatial plans.
   2.   The data referred to in paragraph 1 may include, inter alia:

               (a)

               environmental, social and economic data collected in accordance with Union legislation pertaining to the activities referred to in Article 8;

               (b)

               marine physical data about marine waters.

         3.   When implementing paragraph 1, Member States shall make use of relevant instruments and tools, including those already available under the IMP, and under other relevant Union policies, such as those mentioned in Directive 2007/2/EC.
   Article 11
   Cooperation among Member States
   1.   As part of the planning and management process, Member States bordering marine waters shall cooperate with the aim of ensuring that maritime spatial plans are coherent and coordinated across the marine region concerned. Such cooperation shall take into account, in particular, issues of a transnational nature.
   2.   The cooperation referred to in paragraph 1 shall be pursued through:

               (a)

               existing regional institutional cooperation structures such as Regional Sea Conventions; and/or

               (b)

               networks or structures of Member States’ competent authorities; and/or

               (c)

               any other method that meets the requirements of paragraph 1, for example in the context of sea-basin strategies.

         Article 12
   Cooperation with third countries
   Member States shall endeavour, where possible, to cooperate with third countries on their actions with regard to maritime spatial planning in the relevant marine regions and in accordance with international law and conventions, such as by using existing international forums or regional institutional cooperation.
   CHAPTER III

      IMPLEMENTATION

   Article 13
   Competent authorities
   1.   Each Member State shall designate the authority or authorities competent for the implementation of this Directive.
   2.   Each Member State shall provide the Commission with a list of those competent authorities, together with the items of information listed in the Annex to this Directive.
   3.   Each Member State shall inform the Commission of any change to the information provided pursuant to paragraph 1 within six months of such a change coming into effect.
   Article 14
   Monitoring and reporting
   1.   Member States shall send copies of the maritime spatial plans, including relevant existing explanatory material on the implementation of this Directive, and all subsequent updates, to the Commission and to any other Member States concerned within three months of their publication.
   2.   The Commission shall submit to the European Parliament and to the Council, at the latest one year after the deadline for establishment of the maritime spatial plans, and every four years thereafter, a report outlining the progress made in implementing this Directive.
   CHAPTER IV

      FINAL PROVISIONS

   Article 15
   Transposition
   1.   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 18 September 2016. They shall immediately inform the Commission thereof.
   When Member States adopt those measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.
   2.   The authority or authorities referred to in Article 13(1) shall be designated by 18 September 2016.
   3.   The maritime spatial plans referred to in Article 4 shall be established as soon as possible, and at the latest by 31 March 2021.
   4.   The obligation to transpose and implement this Directive shall not apply to landlocked Member States.
   Article 16
   Entry into force
   This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
   Article 17
   Addressees
   This Directive is addressed to the Member States.

      Done at Brussels, 23 July 2014.

            For the European Parliament

            The President

         M. SCHULZ

            For the Council

            The President

         S. GOZI

      (1)  OJ C 341, 21.11.2013, p. 67.

      (2)  OJ C 356, 5.12.2013, p. 124.

      (3)  Position of the European Parliament of 17 April 2014 (not yet published in the Official Journal) and decision of the Council of 23 July 2014.

      (4)  Directive 2008/56/EC of the European Parliament and of the Council of 17 June 2008 establishing a framework for Community action in the field of marine environmental policy (Marine Strategy Framework Directive) (OJ L 164, 25.6.2008, p. 19).

      (5)  Regulation (EU) No 1255/2011 of the European Parliament and of the Council of 30 November 2011 establishing a Programme to support the further development of an Integrated Maritime Policy (OJ L 321, 5.12.2011, p. 1).

      (6)  Regulation (EU) No 508/2014 of the European Parliament and of the Council of 15 May 2014 on the European Maritime and Fisheries Fund and repealing Council Regulations (EC) No 2328/2003, (EC) No 861/2006, (EC) No 1198/2006 and (EC) No 791/2007 and Regulation (EU) No 1255/2011 of the European Parliament and of the Council (OJ L 149, 20.5.2014, p. 1).

      (7)  Recommendation 2002/413/EC of the European Parliament and of the Council of 30 May 2002 concerning the implementation of Integrated Coastal Zone Management in Europe (OJ L 148, 6.6.2002, p. 24).

      (8)  Council Decision 2010/631/EU of 13 September 2010 concerning the conclusion, on behalf of the European Union, of the Protocol on Integrated Coastal Zone Management in the Mediterranean to the Convention for the Protection of the Marine Environment and the Coastal Region of the Mediterranean (OJ L 279, 23.10.2010, p. 1).

      (9)  Directive 2009/28/EC of the European Parliament and of the Council of 23 April 2009 on the promotion of the use of energy from renewable sources and amending and subsequently repealing Directives 2001/77/EC and 2003/30/EC (OJ L 140, 5.6.2009, p. 16).

      (10)  Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy (OJ L 358, 31.12.2002, p. 59).

      (11)  Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds (OJ L 20, 26.1.2010, p. 7).

      (12)  Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (OJ L 206, 22.7.1992, p. 7).

      (13)  Decision No 884/2004/EC of the European Parliament and of the Council of 29 April 2004 amending Decision No 1692/96/EC on Community guidelines for the development of the trans-European transport network (OJ L 167, 30.4.2004, p. 1).

      (14)  Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy (OJ L 327, 22.12.2000, p. 1).

      (15)  Commission Decision 2010/477/EU of 1 September 2010 on criteria and methodological standards on good environmental status of marine waters (OJ L 232, 2.9.2010, p. 14).

      (16)  Directive 2003/35/EC of the European Parliament and of the Council of 26 May 2003 providing for public participation in respect of the drawing up of certain plans and programmes relating to the environment and amending with regard to public participation and access to justice Council Directives 85/337/EEC and 96/61/EC (OJ L 156, 25.6.2003, p. 17).

      (17)  Directive 2001/42/EC of the European Parliament and of the Council of 27 June 2001 on the assessment of the effects of certain plans and programmes on the environment (OJ L 197, 21.7.2001, p. 30).

      (18)  Directive 2007/2/EC of the European Parliament and of the Council of 14 March 2007 establishing an Infrastructure for Spatial Information in the European Community (INSPIRE) (OJ L 108, 25.4.2007, p. 1).

      ANNEX

         COMPETENT AUTHORITIES

                  (1)

                  Name and address of the competent authority or authorities — the official name and address of the competent authority or authorities identified.

                  (2)

                  Legal status of the competent authority or authorities — a brief description of the legal status of the competent authority or authorities.

                  (3)

                  Responsibilities — a brief description of the legal and administrative responsibilities of the competent authority or authorities, and of its/their role in relation to the marine waters concerned.

                  (4)

                  Membership — when the competent authority or authorities act(s) as a coordinating body for other competent authorities, a list of the latter is required together with a summary of the institutional relationships established, in order to ensure coordination.

                  (5)

                  Regional coordination — a summary is required of the mechanisms established, in order to ensure coordination between Member States where their waters are covered by this Directive and fall within the same marine region or sub-region.


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31992L0020

Sixth Council Directive 92/20/EEC of 26 March 1992 on summertime arrangements

Official Journal L 089 , 04/04/1992 P. 0028 - 0029

SIXTH COUNCIL DIRECTIVE 92/20/EEC  of 26 March 1992  on summertime arrangementsTHE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 100a thereof,  Having regard to the proposal from the Commission (1),  In cooperation with the European Parliament (2),  Having regard to the opinion of the Economic and Social Committee (3),  Whereas the Fifth Council Directive 89/47/EEC, of 21 December 1988 on summertime arrangements (4) introduced a common date and time throughout the Community for the beginning of the summertime period for 1990, 1991 and 1992 and, for the end of that  period in those years, two different dates, one for Member States apart from Ireland and the United Kingdom and one for Ireland and the United Kingdom;  Whereas, for as long as Member States apply summertime arrangements, it is important for the establishment and functioning of the internal market that a common date and time for both the beginning and end of the summertime period should be fixed in the  whole Community area from 1993 onwards;  Whereas, for geographical reasons, Ireland and the United Kingdom should, however, be afforded the possibility of fixing, for one or both of the two years 1993 and 1994, an end date for summertime different from that provided for the other Member  States;  Whereas Article 4 of the Fifth Directive provides that the Council, acting on a proposal of the Commission, shall adopt before 1 January 1992 the arrangements to apply from 1993 onwards;  Whereas, for geographical reasons, common summertime arrangements should not apply to the overseas territories of the Member States;  Whereas it is appropriate to re-examine the summertime period from time to time and whereas provisions should therefore be adopted for 1993 and 1994,  HAS ADOPTED THIS DIRECTIVE:  Article 1  For the purposes of this Directive, the expression 'summertime period' shall mean the period of the year during which time is advanced by 60 minutes in relation to the time for the rest of the year.  Article 2  Member States shall take the measures necessary to ensure that in each Member State the summertime period for 1993 and 1994 begins at 1 a.m. Greenwich Mean Time (GMT) on the last Sunday in March, that is to say:  - in 1993: on 28 March,  - in 1994: on 27 March.  Article 3  1. Member States shall take the measures necessary to ensure that in each Member State the summertime period for 1993 and 1994 ends at 1 a.m. Greenwich Mean Time (GMT) on the last Sunday in September, that is to say:  - in 1993: on 26 September,  - in 1994: on 25 September.  2. Ireland and the United Kingdom may, however, take the measures necessary to ensure that the summertime period for 1993 and 1994 ends at 1 a.m. Greenwich Mean Time (GMT) on the fourth Sunday in October, that is to say:  - in 1993: on 24 October,  - in 1994: on 23 October.  3. Should Ireland and the United Kingdom decide, before 1994, to bring the end of their summertime period into line with the dates provided for in paragraph 1, they shall notify the Commission, which will inform the other Member States thereof.  Article 4  The Council, acting on a proposal from the Commission, shall adopt by 1 January 1994 the arrangements to apply from 1995 onwards.  Article 5  This Directive shall not apply to the overseas territories of the Member States.  Article 6  This Directive is addressed to the Member States. Done at Brussels, 26 March 1992. For the Council  The President  Joaquim FERREIRA DO AMARAL   (1) OJ No C 219, 22. 8. 1991, p. 4. (2) OJ No C 13, 20. 1. 1992, and Decision of 11 March 1992 (not yet published in the Official Journal). (3) OJ No C 40, 17. 2. 1992, p. 14. (4) OJ No L 17, 21. 1. 1989, p. 57.


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31990L0412

Commission Directive 90/412/EEC of 20 July 1990 amending the Annexes to Council Directive 70/524/EEC concerning additives in feedingstuffs

Official Journal L 209 , 08/08/1990 P. 0025 - 0026 Finnish special edition: Chapter 3 Volume 33 P. 0109  Swedish special edition: Chapter 3 Volume 33 P. 0109

*****COMMISSION  DIRECTIVE  of 20 July 1990  amending the Annexes to Council Directive 70/524/EEC concerning additives in feedingstuffs  (90/412/EEC)  THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Directive 70/524/EEC of 23 November 1970 concerning additives in feedingstuffs (1), as last amended by Commission Directive 90/214/EEC (2), and in particular Article 7 thereof,  Whereas Directive 70/524/EEC provides for regular amendment of the content of its Annexes to take account of advances in scientific and technical knowledge; whereas the Annexes were consolidated by Commission Directive 85/429/EEC (3);  Whereas the use of various additives has been successfully tested in certain Member States; whereas these new uses should be provisionally authorized, at least at national level until such time as it is permitted at Community level;  Whereas the measures provided for in this Directive are in accordance with the opinion of the Standing Committee for Feedingstuffs,  HAS ADOPTED THIS DIRECTIVE:  Article 1  The Annex II to Directive 70/524/EEC is hereby amended as set out in the Annex hereto.  Article 2  This Directive is addressed to the Member States.  Done at Brussels, 20 July 1990.  For the Commission  Ray MAC SHARRY  Member of the Commission  (1) OJ No L 270, 14. 12. 1970, p. 1.  (2) OJ No L 113, 4. 5. 1990, p. 39.  (3) OJ No L 245, 12. 9. 1985, p. 1.  ANNEX  In Annex II to Directive 70/524/EEC:  1. In part A 'Antibiotics', the following is added to item No 28, 'Avilamycin':  1.2.3.4.5.6.7.8.9 //  //  //  //  //  //  //  //  //  // No  // Additive   // Chemical formula, description   // Species or category of animal  // Maximum age   // Minimum content  // Maximum content   //   //  1.2.3.4.5.6,7.8.9 //   //   //  //   //   // mg/kg of complete feedingstuffs  // Other provisions  // Period of authorization  // 1.2.3.4.5.6.7.8.9 //  //  //  //  //  //  //  //  //  //  // //  // 'Chickens  for fattening   // -   // 2,5   // 10   // -  // 30. 11. 1991'   //  //  //  //  //  //  //  //  // 2. In part D 'Coccidiostats and other medicinal substances', the following items are added:  1.2.3.4.5.6.7.8.9 //  //  //  //  //  //  //  //  //  // No  // Additive  // Chemical formula, description  // Species or category of animal  // Maximum age   // Minimum content  // Maximum content   //   //  1.2.3.4.5.6,7.8.9 //   //   //  //   //   // mg/kg of complete feedingstuffs  // Other provisions  // Period of authorization  // 1.2.3.4.5.6.7.8.9 //  //  //  //  //  //  //  //  //  // '22  // Robenidine   // 1,3-bis[(4-chlorobenzylidene)-amino] guanidine hydrochloride   // Rabbits for breeding purposes  // -   // 50   // 66   // Use prohibited at least five days before slaughter   // 30. 11. 1990  // 23  // Narasin / Nicarbazin (mixture of (a) narasin and (b) nicarbazin in a 1/1 ratio)   // (a) C43H72O11 (polyether of monocarboxylicacid produced by Streptomyces aureofaciens) In granular form (b) Equimolecular complex of 1,3bis (4-nitrophenyl) urea and 4,6-dimethyl pyrimidin-2-ol In granular form   // Chickens for fattening   // -   // 80   // 100   // Use prohibited at least seven days before slaughter. Indicate in the instructions for use: 'Dangerous for equines'.   // 30. 11. 1990'


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31968L0360

Council Directive 68/360/EEC of 15 October 1968 on the abolition of restrictions on movement and residence within the Community for workers of Member States and their families

Official Journal L 257 , 19/10/1968 P. 0013 - 0016 Finnish special edition: Chapter 5 Volume 1 P. 0044  Danish special edition: Series I Chapter 1968(II) P. 0477  Swedish special edition: Chapter 5 Volume 1 P. 0044  English special edition: Series I Chapter 1968(II) P. 0485  Greek special edition: Chapter 05 Volume 1 P. 0043  Spanish special edition: Chapter 05 Volume 1 P. 0088  Portuguese special edition Chapter 05 Volume 1 P. 0088

COUNCIL DIRECTIVE of 15 October 1968 on the abolition of restrictions on movement and residence within the Community for workers of Member States and their families (68/360/EEC)    THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 49 thereof;  Having regard to the proposal from the Commission;  Having regard to the Opinion of the European Parliament1;  Having regard to the Opinion of the Economic and Social Committee2;  Whereas Council Regulation (EEC) No 1612/683 fixed the provisions governing freedom of movement for workers within the Community ; whereas, consequently, measures should be adopted for the abolition of restrictions which still exist concerning movement and residence within the Community, which conform to the rights and privileges accorded by the said Regulation to nationals of any Member State who move in order to pursue activities as employed persons and to members of their families;  Whereas the rules applicable to residence should, as far as possible, bring the position of workers from other Member States and members of their families into line with that of nationals;  Whereas the co-ordination of special measures relating to the movement and residence of foreign nationals, justified on grounds of public policy, public security of public health, is the subject of the Council Directive of 25 February 1964,4 adopted in application of Article 56 (2) of the Treaty;  HAS ADOPTED THIS DIRECTIVE:     Article 1 Member States shall, acting as provided in this Directive, abolish restrictions on the movement and residence of nationals of the said States and of members of their families to whom Regulation (EEC) No 1612/68 applies.    Article 2 1. Member States shall grant the nationals referred to in Article 1 the right to leave their territory in order to take up activities as employed persons and to pursue such activities in the territory of another Member State. Such right shall be exercised simply on production of a valid identity card or passport. Members of the family shall enjoy the same right as the national on whom they are dependent.  2. Member States shall, acting in accordance with their laws, issue to such nationals, or renew, an identity card or passport, which shall state in particular the holder's nationality.  3. The passport must be valid at least for all Member States and for countries through which the holder must pass when travelling between Member States. Where a passport is the only document on which the holder may lawfully leave the country, its period of validity shall be not less than five years.  4. Member States may not demand from the nationals referred to in Article 1 any exit visa or any equivalent document.    Article 3 1. Member States shall allow the persons referred to in Article 1 to enter their territory simply on production of a valid identity card or passport.  2. No entry visa or equivalent document may be demanded save from members of the family who are not nationals of a Member State. Member States shall accord to such persons every facility for obtaining any necessary visas.    Article 4 1. Member States shall grant the right of residence in their territory to the persons referred to in  1 OJ No 268, 6.11.1967, p. 10. 2 OJ No 298, 7.12.1967, p. 10. 3 OJ No L 257, 19.10.1968, p. 2. 4 OJ No 56, 4.4.1964, p. 850/64.  Article 1 who are able to produce the documents listed in paragraph 3.  2. As proof of the right of residence, a document entitled "Residence Permit for a National of a Member State of the EEC" shall be issued. This document must include a statement that it has been issued pursuant to Regulation (EEC) No 1612/68 and to the measures taken by the Member States for the implementation of the present Directive. The text of such statement is given in the Annex to this Directive.  3. For the issue of a Residence Permit for a National of a Member State of the EEC, Member States may require only the production of the following documents;  - by the worker:    (a) the document with which he entered their territory;       (b) a confirmation of engagement from the employer or a certificate of employment;   - by the members of the worker's family:    (c) the document with which they entered the territory;       (d) a document issued by the competent authority of the State of origin or the State whence they came, proving their relationship;       (e) in the cases referred to in Article 10 (1) and (2) of Regulation (EEC) No 1612/68, a document issued by the competent authority of the State of origin or the State whence they came, testifying that they are dependent on the worker or that they live under his roof in such country.         4. A member of the family who is not a national of a Member State shall be issued with a residence document which shall have the same validity as that issued to the worker on whom he is dependent.    Article 5 Completion of the formalities for obtaining a residence permit shall not hinder the immediate beginning of employment under a contract concluded by the applicants.    Article 6 1. The residence permit:    (a) must be valid throughout the territory of the Member State which issued it;       (b) must be valid for at least five years from the date of issue and be automatically renewable.         2. Breaks in residence not exceeding six consecutive months and absence on military service shall not affect the validity of a residence permit.  3. Where a worker is employed for a period exceeding three months but not exceeding a year in the service of an employer in the host State or in the employ of a person providing services, the host Member State shall issue him a temporary residence permit, the validity of which may be limited to the expected period of the employment.  Subject to the provisions of Article 8 (1) (c), a temporary residence permit shall be issued also to a seasonal worker employed for a period of more than three months. The period of employment must be shown in the documents referred to in paragraph 4 (3) (b).    Article 7 1. A valid residence permit may not be withdrawn from a worker solely on the grounds that he is no longer in employment, either because he is temporarily incapable of work as a result of illness or accident, or because he is involuntarily unemployed, this being duly confirmed by the competent employment office.  2. When the residence permit is renewed for the first time, the period of residence may be restricted, but not to less than twelve months, where the worker has been involuntarily unemployed in the Member State for more than twelve consecutive months.    Article 8 1. Member States shall, without issuing a residence permit, recognise the right of residence in their territory of:   (a) a worker pursuing an activity as an employed person, where the activity is not expected to last for more than three months. The document with which the person concerned entered the territory and a statement by the employer on the expected duration of the employment shall be sufficient to cover his stay ; a statement by the employer shall not, however, be required in the case of workers coming within the provisions of the Council Directive of 25 February 19641 on the attainment of freedom of establishment and freedom to provide services in respect of the activities of intermediaries in commerce, industry and small craft industries.  (b) a worker who, while having his residence in the territory of a Member State to which he returns as a rule, each day or at least once a week, is employed in the territory of another Member State. The competent authority of the State where he is employed may issue such worker with a special permit valid for five years and automatically renewable;  (c) a seasonal worker who holds a contract of employment stamped by the competent authority of the Member State on whose territory he has come to pursue his activity.  2. In all cases referred to in paragraph 1, the competent authorities of the host Member State may require the worker to report his presence in the territory.    Article 9 1. The residence documents granted to nationals of a Member State of the EEC referred to in this Directive shall be issued and renewed free of charge or on payment of an amount not exceeding the dues and taxes charged for the issue of identity cards to nationals.  2. The visa referred to in Article 3 (2) and the stamp referred to in Article 8 (1) (c) shall be free of charge.  3. Member States shall take the necessary steps to simplify as much as possible the formalities and procedure for obtaining the documents mentioned in paragraph 1.    Article 10 Member States shall not derogate from the provisions of this Directive save on grounds of public policy, public security or public health.    Article 11 1. This Directive shall not affect the provisions of the Treaty establishing the European Coal and Steel Community which relate to workers with recognised skills in coal mining and steel making, or the provisions of the Treaty establishing the European Atomic Energy Community which deal with the right to take up skilled employment in the field of nuclear energy, or any measures taken in implementation of those Treaties.  2. Nevertheless, this Directive shall apply to the categories of workers referred to in paragraph 1, and to members of their families, in so far as their legal position is not governed by the abovementioned Treaties or measures.    Article 12 1. Member States shall, within nine months of notification of this Directive, bring into force the measures necessary to comply with its provisions and shall forthwith inform the Commission thereof.  2. They shall notify the Commission of amendments made to provisions imposed by law, regulation or administrative action for the simplification of the formalities and procedure for issuing such documents as are still necessary for the entry, exit and residence of workers and members of their families.    Article 13 1. The Council Directive of 25 March 19642 on the abolition of restrictions on movement and on residence within the Community of workers and their families shall continue to have effect until this Directive is implemented by the Member States.   1 OJ No 56, 4.4.1964, p. 869/64. 2 OJ No 62, 17.4.1964, p. 981/64.   2. Residence permits issued pursuant to the Directive referred to in Paragraph 1 shall remain valid until the date on which they next expire.    Article 14 This Directive is addressed to the Member States.     Done at Luxembourg, 15 October 1968.  For the Council  The President  G. SEDATI    ANNEX Text of the statement referred to in Article 4 (2):  "This permit is issued pursuant to Regulation (EEC) No 1612/68 of the Council of the European Communities of 15 October 1968 and to the measures taken in implementation of the Council Directive of 15 October 1968.  In accordance with the provisions of the above-mentioned Regulation, the holder of this permit  has the right to take up and pursue an activity as an employed person in ...1  territory under the same conditions as ...1workers."  1Belgian, German, French, Italian, Luxembourg, Netherlands, according to the country issuing the permit.