### where it is found in an investigation pursuant to article 8 , and after following the procedure foreseen in article 9 , that restrictive procurement measures adopted or maintained by that third country leads to an lack of substantial reciprocity in market opening between the union and the third country as referred to in article 6 , the commission may adopt implementing acts to temporarily limit the access of non - covered goods and services originating in a third country . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 17 . ### where it is found in an investigation pursuant to article 8 , and after following the procedure foreseen in article 9 , that restrictive procurement measures adopted or maintained by that third country leads to an lack of substantial reciprocity in market opening between the union and the third country as referred to in article 8 , the commission may adopt implementing acts to temporarily limit the access of non - covered goods and services originating in a third country for up to five years . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 17 .


### withdrawal or suspension of measures ### renewal , withdrawal or suspension of measures


### draft legislative resolution ### recalls its resolution of 8 june 2011 on ' investing in the future : a new multiannual financial framework for a competitive , sustainable and inclusive europe ' 1 ; reiterates that sufficient additional resources are needed in the next mff in order to enable the union to fulfil its existing policy priorities and the new tasks provided for by the treaty of lisbon , as well as to respond to unforeseen events ; points out that even with an increase in the level of resources for the next mff of at least 5% compared to the 2013 level only a limited contribution can be made to the achievement of the union’s agreed objectives and commitments and the principle of union solidarity ; challenges the council , if it does not share this approach , to clearly identify which of its political priorities or projects could be dropped altogether , despite their proven european added value ; _______________ 1 texts adopted , p7_ta0266 .


### draft legislative resolution ### stresses that point 47 of the interinstitutional agreement of 17 may 2006 between the european parliament , the council and the commission on budgetary discipline and sound financial management1 should apply for the extension of the mandate for the european agency for the management of operational cooperation at the external borders ; emphasises that any decision of the legislative authority in favour of such an extension shall be without prejudice to the decisions of the budgetary authority in the context of the annual budgetary procedure ; ________________ 1 oj c 139 , 14 . 6 . 2006 , p . 1 .


### draft legislative resolution ### requests that the commission present a new financial statement which fully takes into account the result of the legislative agreement between the european parliament and council to meet the budgetary and staff requirements in the agency and in commission ' s services ;


### the establishment of a european border surveillance system is necessary in order to strengthen the information exchange and operational cooperation between national authorities of member states as well as with the european agency for the management of operational cooperation at the external borders of the member states of the european union established by council regulation no 2007 / 2004 of 26 october 2004 , hereinafter referred to as ' the agency ' . eurosur should provide these authorities and the agency with the infrastructure and tools needed to improve their situational awareness and reaction capability when detecting and preventing irregular migration and cross - border crime as well as protecting and saving lives of migrants at the external borders of the member states of the union . ### the establishment of a european border surveillance system is necessary in order to strengthen the information exchange and operational cooperation between national authorities of member states as well as with the european agency for the management of operational cooperation at the external borders of the member states of the european union established by council regulation no 2007 / 2004 of 26 october 2004 , hereinafter referred to as ' the agency ' . eurosur should provide these authorities and the agency with the infrastructure and tools needed to improve their situational awareness and reaction capability towards situations which might turn out to be irregular migration and cross - border crime with an aim to protect and save lives of people in distress at the external borders of the member states of the union .


### communication network ; ### data exchange and communication network ;


### principles of coherent management and of using existing structures : the agency shall ensure the coherence between the different components of the eurosur framework , including providing guidance and support to the national coordination centres and promoting the interoperability of information and technology . to the extent possible , the eurosur framework shall make use of existing systems and capabilities . in this context , eurosur shall be established in full compatibility with the initiative for a common information sharing environment for the surveillance of the eu maritime domain , thereby contributing to and benefit from a coordinated and cost - efficient approach for cross - sectoral information exchange in the union . ### principles of coherent management and of using existing structures : the agency shall ensure the coherence between the different components of the eurosur framework , including providing guidance and support to the national coordination centres and promoting the interoperability of information and technology . to the extent possible , the eurosur framework shall make use of existing systems and capabilities , in order to optimise the use of the enion budget and to avoid the creation of redundancies . in this context , eurosur shall be established in full compatibility with the initiative for a common information sharing environment for the surveillance of the eu maritime domain , thereby contributing to and benefit from a coordinated and cost - efficient approach for cross - sectoral information exchange in the union .


### the programme shall finance actions with european added value . to that effect , the commission shall ensure that the actions selected for funding are intended to produce results with european added value and shall monitor whether european added value was actually achieved through the final results of the actions financed by the programme . ### the programme shall finance actions with european added value in accordance with the principles of gender budgeting . to that effect , the commission shall ensure that the actions selected for funding are intended to produce results with european added value and shall monitor whether european added value was actually achieved through the final results of the actions financed by the programme . european added value shall be assessed on the basis of the potential of the actions to contribute to achieving the overarching priorities of gender equality and combating violence against women .


### to promote the effective implementation of the principles of non discrimination on the grounds of sex , racial or ethnic origin , religion or belief , disability , age or sexual orientation , including equality between women and men and the rights of persons with disabilities and of the elderly ; ### to promote the effective implementation of the principles of non discrimination on the grounds of gender , gender identity and gender expression , racial or ethnic origin , religion or belief , disability , age or sexual orientation , including equality between women and men and the rights of persons with disabilities and of the elderly ;


### apply a high level of diligence in the selection and ongoing monitoring of investments in qualifying portfolio undertakings ; ### apply a appropriate and proportional level of diligence in the selection and ongoing monitoring of investments in qualifying portfolio undertakings ;


### in order to ensure that holders of copyright and related rights can fully benefit from the internal market when their rights are being managed collectively and that their freedom to exercise their rights is not unduly affected , it is necessary to provide for the inclusion of appropriate safeguards in the constituting documents of collective management organisations . moreover , in accordance with directive 2006 / 123 / ec collective management organisations should not discriminate , directly or indirectly , between rightholders on the basis of their nationality , place of residence or place of establishment when providing their management services . ### in order to ensure that holders of copyright and related rights can fully benefit from the internal market when their rights are being managed collectively and that their freedom to exercise their rights is not unduly affected , it is necessary to provide for the inclusion of appropriate safeguards in the constituting documents of collective management organisations . moreover , collective management organisations should not discriminate , directly or indirectly , between rightholders on the basis of their nationality , place of residence or place of establishment when providing their management services . any direct or indirect discrimination on the basis of existing licences , extent of repertoire or expected sales should be prohibited .


### having the freedom to provide and to receive collective management services across national borders entails that rightholders are able to freely choose the collecting society for the management of their rights , such as public performance or broadcasting rights , or categories of rights , such as interactive communication to the public , provided the collecting society already manages such rights or categories of rights . this implies that rightholders can easily withdraw their rights or categories of rights from a collecting society and entrust or transfer all or part of them to another collecting society or another entity irrespective of the member state of residence or the nationality of either the collecting society or the rightholder . collecting societies managing different types of works and other subject matter , such as literary , musical or photographic works , should also allow this flexibility to rightholders as regards the management of different types of works and other subject matter . collecting societies should inform rightholders of this choice and allow them to exercise it as easily as possible . finally , this directive should not prejudice the possibilities of rightholders to manage their rights individually , including for non - commercial uses . ### having the freedom to provide and to receive collective management services across national borders entails that rightholders are able to freely choose the collecting society for the management of their rights , such as public performance or broadcasting rights , or categories of rights , such as interactive communication to the public , provided the collecting society already manages such rights or categories of rights . this implies that rightholders can easily withdraw their rights or categories of rights from a collecting society and entrust or transfer all or part of them to another collecting society or another entity irrespective of the member state of residence or the nationality of either the collecting society or the rightholder . collecting societies managing different types of works and other subject matter , such as literary , musical or photographic works , should also allow this flexibility to rightholders as regards the management of different types of works and other subject matter . collecting societies should inform rightholders of this choice and allow them to exercise it as easily as possible . finally , this directive should protect and enhance the possibilities of rightholders to manage their rights individually , including for non - commercial uses .


### collecting societies are expected to act in the best interests of their members . it is therefore important to provide for systems which enable members of collecting societies to exercise their membership rights by participating in the societies ' decision - making process . the representation of the different categories of members in the decision - making process should be fair and balanced . the effectiveness of the rules on the general meeting of members of collecting societies may be undermined if there were no provisions on how the general meeting should be run . thus , it is necessary to ensure that the general meeting is convened regularly , and at least annually , and that the most important decisions in the collecting society are taken by the general meeting . ### collective management organisations should act in the best collective interests of the rightholders they represent . it is therefore important to provide for systems which enable members of collecting societies to exercise their membership rights by participating in the societies ' decision - making process . the representation in the decision - making process of the different categories of members , such as producers or performers , should be fair and balanced . the effectiveness of the rules on the general assembly of members of collective management organisations would be undermined if there were no provisions on how the general assembly should be run . thus , it is necessary to ensure that the general assembly is convened regularly , and at least annually , and that the most important decisions in the collective management organisation are taken by the general assembly .


### collecting societies are expected to act in the best interests of their members . it is therefore important to provide for systems which enable members of collecting societies to exercise their membership rights by participating in the societies ' decision - making process . the representation of the different categories of members in the decision - making process should be fair and balanced . the effectiveness of the rules on the general meeting of members of collecting societies may be undermined if there were no provisions on how the general meeting should be run . thus , it is necessary to ensure that the general meeting is convened regularly , and at least annually , and that the most important decisions in the collecting society are taken by the general meeting . ### collective management organisations should act in the best collective interests of the rightholders they represent . it is therefore important to provide for systems which enable the members of a collective management organisation to exercise their membership rights by participating in an organisation ' s decision - making process . the representation in the decision - making process of the different categories of members , such as producers or performers , should be fair and balanced . the effectiveness of the rules on the general meeting of members of collective management organisations would be undermined if there were no provisions on how the general meeting of members should be run . thus , it is necessary to ensure that the general meeting of members is convened regularly , and at least annually , and that the most important decisions in the collective management organisation are taken by the general meeting of members .


### members of collecting societies should be allowed to participate and vote in the general meeting ; the exercise of these rights may only be subject to fair and proportionate restrictions . the exercise of voting rights should be made easy . ### members of collective management organisations should be allowed to participate and vote in the general meeting of members ; the exercise of these rights should only be subject to fair and proportionate restrictions . in some exceptional cases , collective management organisations have been established in the legal form of a foundation , hence they have no membership . in such cases , the powers of the general meeting of members should be exercised by the body entrusted with the supervisory function . the general meeting of members should , at least , have the power to set the framework of the activities of the management , in particular with respect to the use of rights revenue by the collective management organisation . the exercise of voting rights should be made easy . in addition to the exercise of members ' rights by electronic means , members should be allowed to participate and vote in the general meeting of members through a proxy . proxy voting should only be restricted in order to make sure that members are not faced with de facto obligations to enter into agreements where they cede their right to participate in the decision making process of the collective management organisation to a third party . the use of proxies should be an active decision and the expression of a will to participate in the decision making processes of the organisation . therefore any contractual agreement stipulating that a member cedes his rights to participate in the general meeting of members to a third party shall be considered as null and void . a collecting society may also require that any one natural or legal person does not exercise more than a certain number of proxies at a given general meeting of members as long as they allow for the exercise of at least 10 proxies . the holder of a proxy must respect the instructions given to him or her by the member on whose behalf the proxy has been issued .


### members should be allowed to take part in monitoring the management of collecting societies . to this end , collecting societies should establish a supervisory function appropriate to their organisational structure and allow members to be represented in the body that exercises this function . to avoid imposing excessive burden on smaller collecting societies and to make the obligations arising from this directive proportionate , member states should be able to , if they consider this to be necessary , exclude the smallest collecting societies from having to organise such a supervisory function . ### members should be allowed to take part in monitoring the management of collective management organisations . to this end , collective management organisations should establish a supervisory function appropriate to their organisational structure and allow members , representing different categories of rightholders , to be represented in a balanced manner in the body that exercises this function . to avoid imposing excessive burden on smaller collecting societies and to make the obligations arising from this directive proportionate , member states should be able to , if they consider this to be necessary , exclude the smallest collecting societies from having to organise such a supervisory function .


### members should be allowed to take part in monitoring the management of collecting societies . to this end , collecting societies should establish a supervisory function appropriate to their organisational structure and allow members to be represented in the body that exercises this function . to avoid imposing excessive burden on smaller collecting societies and to make the obligations arising from this directive proportionate , member states should be able to , if they consider this to be necessary , exclude the smallest collecting societies from having to organise such a supervisory function . ### members should be allowed to take part in the continuous monitoring of the management of collective management organisations . to this end , these organisations should have a supervisory function appropriate to their organisational structure and allow members to be represented in the body that exercises this function . depending on the organisational structure of the collective management organisation , the supervisory function may be exercised by a separate body , such as a supervisory board . members of the administrative board may not at the same time serve as members in the body exercising the supervisory function as this function has as one of its principal duties to supervise the work of the administrative board . the requirement of fair and balanced representation of members should not prevent the collective management organisation from electing third parties to the body exercising the supervisory function , including professional members , and rightholders who do not fulfil the membership requirements or who are not directly represented by the organisation but via an entity which is a member of the collective management organisation .


### collecting societies collect , manage and distribute revenue from the exploitation of the rights entrusted to them by rightholders . this revenue is ultimately due to rightholders who may be members of that society , or another society . it is therefore important that collecting societies exercise the utmost diligence in collecting , managing and distributing that revenue . accurate distribution is only possible where collecting societies maintain proper records of membership , licences and use of works and other subject matter . where appropriate , data should also be provided by rightholders and users and verified by the collecting societies . amounts collected and due to rightholders should be managed separately from any own assets of the collecting society and , if they are invested , pending their distribution to rightholders , this should be carried out in accordance with the investment policy decided by the collecting societies ' general meeting . in order to maintain a high level of protection for the rights of rightholders and to ensure that any income which may be derived from exploitation of their rights accrues for the benefit of rightholders , the investments made and held by the collecting society should be managed in accordance with criteria which would oblige the collecting society to act prudently , while allowing the collecting society to decide on the most secure and efficient investment policy . this should allow the colleting society to opt for an asset allocation that suits the precise nature and duration of any exposure to risk of any rights revenue invested and which does not unduly prejudice any rights revenue owed to rightholders . moreover , in order to ensure that the amounts due to rightholders are appropriately and effectively distributed , it is necessary to require collecting societies to undertake diligent and good faith reasonable measures to identify and locate the relevant rightholders . it is also appropriate to provide for the approval by members of collecting societies of the rules governing any situation where , due to the lack of identified or located rightholders , amounts collected cannot be distributed . ### collecting societies collect , manage and distribute revenue from the exploitation of the rights entrusted to them by rightholders . this revenue is ultimately due to rightholders who may be members of that society , or another society . it is therefore important that collecting societies exercise the utmost diligence in collecting , managing and distributing that revenue . accurate distribution is only possible where collecting societies maintain proper records of membership , licences and use of works and other subject matter . where appropriate , data should also be provided by rightholders and users and verified by the collecting societies . amounts collected and due to rightholders should be managed separately from any own assets of the collecting society and , if they are invested , pending their distribution to rightholders , this should be carried out in accordance with the investment policy decided by the collecting societies ' general meeting . in order to maintain a high level of protection for the rights of rightholders and to ensure that any income which may be derived from exploitation of their rights accrues for the benefit of rightholders , the investments made and held by the collecting society should be managed in accordance with criteria which would oblige the collecting society to act prudently , while allowing the collecting society to decide on the most secure and efficient investment policy . this should allow the colleting society to opt for a secure and profitable asset allocation that prevents exposure to risk of any rights revenue invested and which does not prejudice any rights revenue owed to rightholders . moreover , in order to ensure that the amounts due to rightholders are appropriately , timely and effectively distributed , it is necessary to require collecting societies to undertake diligent and good faith reasonable measures to identify and locate the relevant rightholders . it is also appropriate to provide for the approval by members of collecting societies of the rules governing any situation where , due to the lack of identified or located rightholders , amounts collected cannot be distributed .


### collecting societies collect , manage and distribute revenue from the exploitation of the rights entrusted to them by rightholders . this revenue is ultimately due to rightholders who may be members of that society , or another society . it is therefore important that collecting societies exercise the utmost diligence in collecting , managing and distributing that revenue . accurate distribution is only possible where collecting societies maintain proper records of membership , licences and use of works and other subject matter . where appropriate , data should also be provided by rightholders and users and verified by the collecting societies . amounts collected and due to rightholders should be managed separately from any own assets of the collecting society and , if they are invested , pending their distribution to rightholders , this should be carried out in accordance with the investment policy decided by the collecting societies ' general meeting . in order to maintain a high level of protection for the rights of rightholders and to ensure that any income which may be derived from exploitation of their rights accrues for the benefit of rightholders , the investments made and held by the collecting society should be managed in accordance with criteria which would oblige the collecting society to act prudently , while allowing the collecting society to decide on the most secure and efficient investment policy . this should allow the colleting society to opt for an asset allocation that suits the precise nature and duration of any exposure to risk of any rights revenue invested and which does not unduly prejudice any rights revenue owed to rightholders . moreover , in order to ensure that the amounts due to rightholders are appropriately and effectively distributed , it is necessary to require collecting societies to undertake diligent and good faith reasonable measures to identify and locate the relevant rightholders . it is also appropriate to provide for the approval by members of collecting societies of the rules governing any situation where , due to the lack of identified or located rightholders , amounts collected cannot be distributed . ### collective management organisations collect , manage and distribute revenue from the exploitation of the rights entrusted to them by rightholders . this revenue is ultimately due to rightholders who may be members of that organisation , or another organisation . it is therefore important that collective management organisations exercise the utmost diligence in collecting , managing and distributing that revenue . accurate distribution is only possible where collective management organisations maintain proper records of membership , licences and use of works and other subject matter . where appropriate , data should also be provided by rightholders and users and verified by the collective management organisations . amounts collected and due to rightholders should be managed separately from any own assets of the collective management organisation and , if they are invested , pending their distribution to rightholders , this should be carried out in accordance with the investment policy decided by the collective management organisations ' general meeting of members . in order to maintain a high level of protection for the rights of rightholders and to ensure that any income which may be derived from exploitation of their rights accrues for the benefit of rightholders , the investments made and held by the collective management organisation should be managed in accordance with criteria which would oblige the collective management organisation to act prudently , while allowing the collective management organisation to decide on the most secure and efficient investment policy . this should allow the collective management organisation to opt for an asset allocation that suits the precise nature and duration of any exposure to risk of any rights revenue invested and which does not unduly prejudice any rights revenue owed to rightholders . moreover , in order to ensure that the amounts due to rightholders are appropriately and effectively distributed , it is necessary to require collective management organisations to undertake diligent and good faith reasonable measures to identify and locate the relevant rightholders . any funds that have not been correctly attributed to a rightsholder within three years should be transferred from the collective management organisation to a fund designated by the member state in which the collective management organisation has its seat . this fund shall support social , cultural or educational services that are in accordance with article 11 of this directive . when a collective management organisation is forced to transfer collected revenue to the fund mentioned above , it has failed in its duty towards the rightholders on whose behalf it collected the revenue , therefore the collective management organisation may not make any deductions from rights revenue transferred to this fund . with respect to these provisions a collective management organisation can only perform deductions on rights revenue at the same time as it distributes the revenues to the rightholders . in cases where a collective management organisations has over time applied management fees that have been higher then required to cover the management costs of the collective management organisation its members should have the possibility , at the general meeting of members , to transfer accumulated funds originating from management fees to the cultural fund mentioned above as it would not be possible to make a fair redistribution of these funds directly to the rightsholders concerned .


### in the online music sector , where collective management of authors ' rights on a territorial basis remains the norm , it is essential to create conditions conducive to the most effective licensing practices by collecting societies , in an increasingly cross - border context . it is therefore appropriate to provide for a set of rules coordinating basic conditions for the provision by collecting societies of multi - territorial collective licensing of authors ' online rights in musical works . these provisions should ensure the necessary minimum quality of the cross - border services provided by collecting societies , notably in terms of transparency of repertoire represented and accuracy of financial flows related to the use of the rights . they should also set out a framework for facilitating the voluntary aggregation of music repertoire and thus reducing the number of licences a user needs to operate a multi - territorial service . these provisions should enable a collecting society to request another collecting society to represent its repertoire on a multi - territorial basis where it cannot fulfil the requirements itself . there should be an obligation on the requested society , provided that it aggregates repertoire and offers or grants multi - territorial licences , to accept the mandate of the requesting society . the development of legal online music services across the union should also contribute to the fight against piracy . ### unlike other creative sectors where direct licensing plays a more prominent role , the collective management of authors ' rights on a territorial basis remains the norm in the music sector . therefore , it is essential to create conditions conducive to the most effective licensing practices by collecting management organisations , in an increasingly cross - border context . it is therefore appropriate to provide for a set of rules coordinating basic conditions for the provision by collecting management organisations of multi - territorial collective licensing of authors ' online rights in musical works , thereby enhancing consumer choice and advancing towards completion of the digital single market . these provisions should ensure the necessary minimum quality of the cross - border services provided by collecting management organisations , notably in terms of transparency of repertoire represented and accuracy of financial flows related to the use of the rights . they should also set out a framework for facilitating the voluntary aggregation of music repertoire and thus reducing the number of licences a user needs to operate a multi - territorial service . these provisions should enable a collecting management organisation to request another collecting management organisation to represent its repertoire on a multi - territorial basis where it cannot fulfil the requirements itself . there should be an obligation on the requested organisation , provided that it aggregates repertoire and offers or grants multi - territorial licences , to accept the mandate of the requesting organisation , without abusing its market power . the development of legal online music services across the union should also contribute to the fight against piracy .


### in the online music sector , where collective management of authors ' rights on a territorial basis remains the norm , it is essential to create conditions conducive to the most effective licensing practices by collecting societies , in an increasingly cross - border context . it is therefore appropriate to provide for a set of rules coordinating basic conditions for the provision by collecting societies of multi - territorial collective licensing of authors ' online rights in musical works . these provisions should ensure the necessary minimum quality of the cross - border services provided by collecting societies , notably in terms of transparency of repertoire represented and accuracy of financial flows related to the use of the rights . they should also set out a framework for facilitating the voluntary aggregation of music repertoire and thus reducing the number of licences a user needs to operate a multi - territorial service . these provisions should enable a collecting society to request another collecting society to represent its repertoire on a multi - territorial basis where it cannot fulfil the requirements itself . there should be an obligation on the requested society , provided that it aggregates repertoire and offers or grants multi - territorial licences , to accept the mandate of the requesting society . the development of legal online music services across the union should also contribute to the fight against piracy . ### in the online music sector , where collective management of authors ' rights on a territorial basis remains the norm , it is essential to create conditions conducive to the most effective licensing practices by collective management organisations , in an increasingly cross - border context . in order to allow the aggregation of a multiplicity of repertoires and to be able to grant multi - repertoire and multi - territorial licences , collective management organisations should have the possibility to conclude representation agreements with other collective management organisations for the coordination and efficiency of such licenses under equal and non - discriminatory terms . it is appropriate to provide for a set of rules coordinating basic conditions for the provision by collective management organisations of multi - territorial collective licensing of authors ' online rights in musical works . these provisions should ensure the necessary minimum quality of the cross - border services provided by collective management organisations , notably in terms of transparency of repertoire represented and accuracy of financial flows related to the use of the rights . they should also set out a framework for facilitating the voluntary aggregation of music repertoire and thus reducing the number of licences a user needs to operate a multi - territorial service . these provisions should enable a collective management organisation to request another collective management organisation to represent its repertoire on a multi - territorial basis where it cannot fulfil the requirements itself . there should be an obligation on the requested organisation , provided that it aggregates repertoire and offers or grants multi - territorial licences , to accept the mandate of the requesting organisation . the development of legal online music services across the union should also contribute to the fight against piracy .


### in the online music sector , where collective management of authors ' rights on a territorial basis remains the norm , it is essential to create conditions conducive to the most effective licensing practices by collecting societies , in an increasingly cross - border context . it is therefore appropriate to provide for a set of rules coordinating basic conditions for the provision by collecting societies of multi - territorial collective licensing of authors ' online rights in musical works . these provisions should ensure the necessary minimum quality of the cross - border services provided by collecting societies , notably in terms of transparency of repertoire represented and accuracy of financial flows related to the use of the rights . they should also set out a framework for facilitating the voluntary aggregation of music repertoire and thus reducing the number of licences a user needs to operate a multi - territorial service . these provisions should enable a collecting society to request another collecting society to represent its repertoire on a multi - territorial basis where it cannot fulfil the requirements itself . there should be an obligation on the requested society , provided that it aggregates repertoire and offers or grants multi - territorial licences , to accept the mandate of the requesting society . the development of legal online music services across the union should also contribute to the fight against piracy . ### in the online music sector , where collective management of authors ' rights on a territorial basis remains the norm , it is essential to create conditions conducive to the most effective licensing practices by collecting societies , in an increasingly cross - border context . it is therefore appropriate to provide for a set of rules coordinating basic conditions for the provision by collecting societies of multi - territorial collective licensing of authors ' online rights in musical works . these provisions should ensure the necessary minimum quality of the cross - border services provided by collecting societies , notably in terms of transparency of repertoire represented and accuracy of financial flows related to the use of the rights . they should also set out a framework for facilitating the voluntary aggregation of music repertoire and thus reducing the number of licences a user needs to operate a multi - territorial service . these provisions should enable a collecting society to request another collecting society to represent its repertoire on a multi - territorial basis where it cannot fulfil the requirements itself . there should be an obligation on the requested society , provided that it aggregates repertoire and offers or grants multi - territorial licences , to accept the mandate of the requesting society . the development of legal online content services across the union will provide an alternative to online content over which no copyright fees are paid .


### it is necessary to ensure the effective enforcement of the provisions of the national law adopted pursuant to this directive . collecting societies should offer their members specific procedures for the handling of complaints and the resolution of disputes . these procedures should also be made available to other rightholders represented by the collecting society . it is also appropriate to ensure that member states have independent , impartial and effective dispute resolution bodies capable of settling commercial disputes between collecting societies and users on existing or proposed licensing conditions as well as on situations in which the granting of a licence is refused . furthermore , the effectiveness of the rules on the multi - territorial licensing of online rights in musical works could be undermined if disputes between collecting societies and their counterparts were not solved quickly and efficiently by independent and impartial bodies . as a result , it is appropriate to provide , without prejudice to the right of access to a tribunal , for an easily accessible , efficient and impartial out - of - court procedure for resolving conflicts between collecting societies , on the one hand , and online music service providers , rightholders or other collecting societies , on the other . ### it is necessary to ensure the effective enforcement of the provisions of the national law adopted pursuant to this directive . collecting societies should offer their members specific procedures for the handling of complaints and the resolution of disputes . these procedures should also be made available to other rightholders represented by the collecting society . it is also appropriate to ensure that member states have independent , impartial and effective dispute resolution bodies capable of settling commercial disputes between collecting societies and users on existing or proposed licensing conditions as well as on situations in which the granting of a licence is refused . furthermore , the effectiveness of the rules on the multi - territorial licensing of online rights in musical works could be undermined if disputes between collecting societies and their counterparts were not solved quickly and efficiently by independent and impartial bodies . as a result , it is appropriate to provide , without prejudice to the right of access to a court , for an easily accessible , efficient and impartial out - of - court procedure for resolving conflicts between collecting societies , on the one hand , and online music service providers , rightholders or other collecting societies , on the other .


### ' rightholder ' means any natural person or legal entity other than a collecting society that holds a copyright or related right or who under an agreement for the exploitation of rights is entitled to a share of the rights revenue from any of the rights managed by the collecting society ; ### ) ' rightholder ' means any natural person or legal entity other than a collecting society that holds a copyright or related right , i . e . a writer , performer , their heirs , an editor or a producer , as defined by community texts and member state law ;


### ‘ director’ means any individual managing director , any member of the administrative board , the management or the supervisory board of a collecting society ; ### ‘ director’ means : where national law or the statute of the collective management organisation provides for a unitary board , any member of the administrative board , where national law or the statute of the collective management organisation provides for a dual board , any member of the management board or the supervisory board ;


### the general meeting shall not decide on the appointment or dismissal of members of the management board or the individual managing director where the supervisory board has the power to appoint or dismiss them . ### in a collective management organisation with a dual board system , the general meeting of members may decide to delegate to the supervisory board decisions on the appointment or dismissal of members of the management board or approve their remuneration and other benefits .


### any restriction on the right of the members of the collecting society to participate and to exercise voting rights at the general meeting shall be fair and proportionate and be based on the following criteria : duration of membership ; amounts received or due to a member in relation to the specified financial period . ### every member of a collective management organisation shall have the right to participate in and to stand for election and vote at the general meeting , including , where appropriate , by electronic vote . any restriction on that right shall be fair and proportionate and shall be limited to the criteria based on the duration of membership .


### member states shall ensure that the collecting society establishes a supervisory function responsible for continuously monitoring the activities and the performance of the duties of the persons entrusted with managerial responsibilities in the collecting society . there shall be fair and balanced representation of the members of the collecting society in the body exercising this function in order to ensure their effective participation . ### member states shall ensure that the collective management organisation establishes a supervisory function responsible for continuously monitoring the activities and the performance of the duties of the persons entrusted with managerial responsibilities in that organisation . there shall be fair and balanced representation of the members of the collective management organisation , representing different categories of rightholders , including niche repertoire , in the body exercising this function in order to ensure their effective participation .


### member states shall ensure that the collecting society establishes a supervisory function responsible for continuously monitoring the activities and the performance of the duties of the persons entrusted with managerial responsibilities in the collecting society . there shall be fair and balanced representation of the members of the collecting society in the body exercising this function in order to ensure their effective participation . ### member states shall ensure that the collective management organisation has a supervisory function responsible for continuously monitoring the activities and the performance of the duties of the persons who manage the business of the organisation . there shall be fair and balanced representation of the different categories of members of the collective management organisation in the body exercising the supervisory function in order to ensure their effective participation . members of the administrative board shall not be allowed to be members of the body exercising the supervisory function . each member of the body exercising the supervisory function shall make an annual individual statement on conflicts of interest containing the information referred to in article 9 , second subparagraph .


### member states shall ensure that the persons who effectively manage the business of a collecting society and its directors , with the exception of the directors exercising supervisory function , manage the collecting society in a sound and prudent manner , using sound administrative and accounting procedures and internal control mechanisms . ### member states shall ensure that a collective management organisation puts in place and applies procedures to ensure that the persons who manage the business of the collective management organisation do so in a sound , prudent and appropriate manner , using sound administrative and accounting procedures and internal control mechanisms .


### member states shall ensure that the persons who effectively manage the business of a collecting society and its directors , with the exception of the directors exercising supervisory function , design procedures so as to avoid conflicts of interest . the collecting society shall have procedures to identify , manage , monitor and disclose conflicts of interest in order to prevent them from adversely affecting the interests of members of the society . ### member states shall ensure that collective management organisations put in place and apply procedures so as to avoid conflicts of interest . the collective management organisation shall have procedures in place to identify , manage , monitor and disclose conflicts of interest or potential conflicts of interest in order to prevent them from adversely affecting the collective interests of the members and rightholders represented by the organisation .


### where , pending the distribution of the amounts due to rightholders , the collecting society invests the rights revenue and any income derived from its investment , it shall do so in accordance with the general investment policy referred to in article 7 and the following rules : ### where , pending the distribution of the amounts due to rightholders , the collecting society invests the rights revenue and any income derived from its investment , it shall do so in the best interests of the rightholders whose rights it represents and in accordance with the general investment policy referred to in article 7 and the following rules :


### where , pending the distribution of the amounts due to rightholders , the collecting society invests the rights revenue and any income derived from its investment , it shall do so in accordance with the general investment policy referred to in article 7 and the following rules : ### where , pending the distribution of the amounts due to rightholders , the collecting society invests the rights revenue and any income derived from its investment , it shall do so in accordance with the general investment and risk management policy referred to in article 7 and the following rules :


### member states shall ensure that the collecting society regularly and diligently distributes and pays amounts due to all rightholders it represents . the collecting society shall carry out such distribution and payments no later than 12 months from the end of the financial year in which the rights revenue was collected , unless objective reasons related in particular to reporting by users , the identification of rights , rightholders or to the matching of information on works and other subject matter with rightholders prevent the collecting society from respecting this deadline . the collecting society shall carry out such distribution and payments accurately , ensuring equal treatment of all categories of rightholders . ### member states shall ensure that the collective management organisation regularly , transparently , in a timely manner and diligently distributes and pays amounts due to all rightholders it represents . the collective management organisation shall carry out such distribution and payments without undue delay and no later than 12 months after the rights revenue was collected . the collective management organisation shall carry out such distribution and payments at least on a quarterly basis and accurately , ensuring equal treatment of all categories of rightholders .


### for the purposes of paragraph 2 , measures to identify and locate rightholders shall include verifying membership records and making available to the members of the collecting society as well as to the public a list of works and other subject matter for which one or more rightholders have not been identified or located . ### for the purposes of paragraph 2 , the collecting society shall put in place effective measures to identify and locate rightholders while ensuring appropriate safeguards to deter fraud . such measures shall include verifying membership records and making available to the members of the collecting society as well as to the public a list of works and other subject matter for which one or more rightholders have not been identified or located including , where available , the title of the work , the name of the author , the name of the publisher and any other relevant information available which could be necessary to identify the rightholders .


### member states shall ensure that a collecting society does not discriminate between its members and any rightholders whose rights it manages under a representation agreement , in particular with respect to applicable tariffs , management fees , and the conditions for the collection of the rights revenue and distribution of the amounts due to rightholders . ### member states shall ensure that a collecting society does not discriminate against any rightholders whose rights it manages under a representation agreement , in particular with respect to applicable tariffs , management fees , and the conditions for the collection of the rights revenue and distribution of the amounts due to rightholders .


### the collecting society shall regularly , diligently and accurately distribute and pay amounts due to other collecting societies . ### the collective management organisation society shall regularly , transparently , in a timely manner , diligently and accurately distribute and pay amounts due to other collective management organisations . the collective management organisation shall carry out such distribution and payments to other collective management organisations without undue delay and no later than 12 months after the rights revenue was collected . the collective management organisation shall carry out such distribution and payments at least on a quarterly basis .


### the list of the persons referred to in article 9 ; ### a list of the persons who manage the business of the organisation ;


### rules on deductions from rights revenue for purposes other than management fees , including deductions for the purposes of social , cultural and educational services ; ### rules on deductions from rights revenue , including those that may be required by national law , for purposes other than management fees , including deductions for the purposes of social , cultural and educational services ;


### report by [ 5 years after the end of the transposition period ] , the commission shall assess the application of this directive and report to the european parliament and to the council on the application of this directive , including its impact on the development of cross - border services and on cultural diversity , and , if necessary , on the need to review it . the commission shall submit its report accompanied , if appropriate , by a legislative proposal . ### report and review by [ 5 years after the end of the transposition period ] , the commission shall assess the application of this directive and report to the european parliament and to the council on the application of this directive , including the assessment of the costs and benefits of common databases , joint invoicing and pooling of online rights among collective management organisations and of the impact of the directive on the development of cross - border services and on cultural diversity , and , if necessary , on the need to review it . the commission shall submit its report accompanied , if appropriate , by a legislative proposal .


### by [ 5 years after the end of the transposition period ] , the commission shall assess the application of this directive and report to the european parliament and to the council on the application of this directive , including its impact on the development of cross - border services and on cultural diversity , and , if necessary , on the need to review it . the commission shall submit its report accompanied , if appropriate , by a legislative proposal . ### by [ 5 years after the end of the transposition period ] , the commission shall assess the application of this directive and report to the european parliament and to the council on the application of this directive , including its impact on the development of cross - border services and on cultural diversity , and , if necessary , on the need to review it . the report shall also be used to assess the financial impact of implementing the provisions of this directive and the possibility of introducing related funding for collecting societies , if necessary . the commission shall submit its report accompanied , if appropriate , by a legislative proposal .


### this regulation applies to protection measures taken in civil matters whatever the nature of the authority . it does not apply to protection measures covered by regulation no 2201 / 2003 . ### this regulation applies to protection measures taken in civil matters whatever the nature of the authority issuing the protection measure . it does not apply to protection measures covered by regulation no 2201 / 2003 or to the protection measures covered by directive [ . . . ] of the european parliament and of the council on the european protection order , in order to prevent overlapping between the civil law and criminal law systems .


### ' protection measure ' means any decision , whatever it may be called , of a preventive and temporary nature taken by an authority in a member state in accordance with its national law with a view to protecting a person when serious reasons exist to consider the person ' s physical and / or psychological integrity or liberty to be at risk . it shall include measures ordered without the person causing the risk being summoned to appear . the following are notably protection measures : an obligation not to enter certain localities , places or defined areas where the protected person resides , works or that he visits ; or an obligation not to enter into contact , in any form , with the protected person , including by phone , electronic or ordinary mail , fax or any other means ; or an obligation not to approach the protected person closer than a prescribed distance ; or a decision attributing the exclusive use of the common housing of two persons to the protected person . ### ' protection measure ' means any decision , whatever it may be called , of a preventive and temporary nature taken by an authority in a member state in accordance with its national law with a view to protecting an individual person when serious reasons exist to consider the person ' s life , physical and / or psychological integrity , dignity , personal liberty or sexual integrity to be at risk . it shall include measures ordered without the person causing the risk being summoned to appear . protection measures may include one or more of the following obligations or prohibitions : a prohibition from entering and / or remaining in certain localities , places or defined areas where the protected person resides , works or that he visits ; or a prohibition or regulation of contact , in any form , with the protected person , including by phone , electronic or ordinary mail , fax or any other means ; or a prohibition or regulation on approaching the protected person closer than a prescribed distance ; or a decision attributing the exclusive use of the common housing of two persons to the protected person ; or any other prohibitions or regulations imposed in order to guarantee the protection of the protected person .


### upon reception of the certificate pursuant to article 5 provided by the protected person , the competent authorities of the member state of recognition shall , without delay and where necessary according to the rules of regulation no 1393 / 2007 , bring to the notice of the person causing the risk and to the protected person : ### upon reception of the certificate pursuant to article 5 , the competent authorities of the member state of recognition shall , without delay and where necessary according to the rules of regulation no 1393 / 2007 of the european parliament and of the council of 13 november 2007 on the service in the member states of judicial and extrajudicial documents in civil or commercial matters 1 , bring to the notice of the person causing the risk and to the protected person and , where appropriate , his or her legal representative , guardian or tutor in a language which they understand : _______________ 1 oj l 324 , 10 . 12 . 2007 , p . 79 .


### the 800 mhz band is optimal for the coverage of large areas by wireless broadband services . building on the harmonisation of technical conditions under decision 2010 / 267 / eu , and on commission recommendation of 28 october 2009 calling for analogue broadcasting to be switched off by 1 january 2012 , and given rapid national regulatory developments , this band should in principle be made available for electronic communications in the union by 2013 . in the longer term , additional spectrum below 790 mhz could also be envisaged , depending on experience and the lack of spectrum in other bands adequate for coverage . considering the capacity of the 800 mhz band to transmit over large areas , coverage obligations should be attached to rights . ### the 800 mhz band can be used for the coverage of large areas by wireless broadband services . building on the harmonisation of technical conditions under decision 2010 / 267 / eu , and on commission recommendation of 28 october 2009 calling for analogue broadcasting to be switched off by 1 january 2012 , and given rapid national regulatory developments , this band should in principle be made available for electronic communications in the union by 2015 . in the longer term , additional spectrum in the uhf band could also be envisaged , depending on actual market demands , social and cultural objectives , experience and the lack of spectrum in other bands adequate for coverage . considering the capacity of the 800 mhz band to transmit over large areas , coverage obligations should be attached to rights .


### applying the least onerous authorisation system possible in such a way as to maximise flexibility and efficiency in spectrum usage ; ### applying the most appropriate authorisation system possible in such a way as to maximise flexibility and efficiency in spectrum usage ;


### competition ### regulatory principles for competition in the field of electronic communications


### in order to implement fully the obligations of paragraph 1 , and in particular to ensure that competition is not distorted by any accumulation , transfer or modification of rights of use for radio frequencies , member states may adopt inter alia the following measures , which are without prejudice to the application of competition rules : ### in order to preserve and promote effective competition in the internal market , and pursuant to article 9 of directive 2009 / 140 / ec , member states may adopt inter alia the following measures , which are without prejudice to the application of competition rules :


### member states shall , by 1 january 2013 make the 800 mhz band available for electronic communications services in line with the harmonised technical conditions laid down pursuant to the decision no 676 / 2002 / ec . in member states where exceptional national or local circumstances would prevent the availability of the band , the commission may authorise specific derogations until 2015 . in accordance with article 9 of directive 2002 / 21 / ec , the commission , in cooperation with the member states , shall keep under review the use of the spectrum below 1ghz and assess whether additional spectrum could be freed and made available for new applications . ### member states shall , by 17 june 2015 make the 800 mhz band available for electronic communications services in line with the harmonised technical conditions laid down pursuant to the decision no 676 / 2002 / ec . in member states where the digital switchover process is already well advanced or completed and where the migration of incumbent services can be managed on time , the commission recommends to make the band available by 1 january 2013 . in accordance with article 9 of directive 2002 / 21 / ec , the commission , in cooperation with the member states , shall keep under review the use of the uhf band and assess whether additional spectrum could be freed and made available for new applications .


### support for the production of cow’s milk in madeira and réunion has not been sufficient to maintain the balance between domestic and external supply , chiefly because of the serious structural difficulties affecting the sector and its poor capacity to adapt to new economic environments . consequently , authorisation to produce uht milk reconstituted from milk powder of eu origin should continue , in order to cover local consumption more fully . in order to inform the consumer correctly , it should be made compulsory to indicate the method by which uht milk is reconstituted using milk powder on the sales labelling . ### support for the production of cow’s milk in madeira and réunion has not been sufficient to maintain the balance between domestic and external supply , chiefly because of the serious structural difficulties affecting the sector and its problems in adapting to new economic environments . consequently , authorisation to produce uht milk reconstituted from milk powder of eu origin should continue , in order to cover local consumption more fully , provided that this does not pose an obstacle to the collection and marketing of all locally produced milk , or hamper efforts to promote the expansion of local production , the medium - term aim being to secure , for réunion , self - sufficiency in milk production . in order to inform the consumer correctly , it should be made compulsory to indicate the method by which uht milk is reconstituted using milk powder on the sales labelling . this provision should also be applicable in martinique , french guiana and guadeloupe , should france make such a request citing the wish of local stakeholders to be covered by it and their ability to develop the milk sector .


### measures taken under posei programmes must comply with european union law and be consistent with other eu policies and with the measures taken under such policies . ### measures taken under posei programmes must comply with european union law and be consistent with other eu policies and with the measures taken under such policies , without prejudice to article&#160 ; 349 of the treaty on the functioning of the european union , which grants the outermost regions special status with a view to fostering their development and their integration on a fair basis into the union through the implementation of specific programmes and instruments tailored to their situation .


### exported to third countries or dispatched to the rest of the union within the limits of traditional exports and traditional dispatches . these amounts are established by the commission by means of an implementing act on the basis of dispatches or export average figures during 1989 , 1990 and 1991 ; ### exported to third countries or dispatched to the rest of the union within agreed limits of exports and dispatches . these amounts are established by the commission by means of an implementing act on the basis of the dispatches or the export average figures of the three most favourable years between 2001 and 2011 ;


### biofuels are fuels produced from biomass , as defined in the directive 2009 / 28 / ec . biofuels are currently the most important type of alternative fuels , accounting for 4 . 4% in eu transport . they can contribute to a substantial reduction in overall co2 emissions , if they are produced sustainably and do not cause indirect lands use change . they could provide clean power to all modes of transport . however , supply constraints and sustainability considerations may limit their use . ### biofuels are fuels produced from biomass , as defined in the directive 2009 / 28 / ec . biofuels are currently the most widespread type of alternative fuels , accounting for 4 . 4% in eu transport . they can contribute to a substantial reduction in overall co2 emissions , if they are produced sustainably and do not cause indirect lands use change . they could provide clean power to all modes of transport . however , supply constraints and sustainability considerations may limit their use .


### electric vehicles could contribute to the stability of the electricity system by recharging their batteries from the grid at times of low general electricity demand and feeding power from the batteries back into the grid at times of high general electricity demand . therefore recharging points should use intelligent metering systems , and the price for electricity at a recharging point should be market based , so that flexible consumption of electricity is promoted through dynamic pricing . ### the charging process for electric vehicles should contribute to the stability of the electricity system by making it possible for their batteries to be recharged from the grid at times of low general electricity demand and feeding power from the batteries back into the grid at times of high general electricity demand . periods of high demand on the local electricity distribution system can correspond to times when prices are low on the wholesale electricity market . therefore , in the market consolidation phase , recharging points should be connected to intelligent charging systems , which regulate the power and duration of the charge , and linked up to intelligent metering systems , so that flexible consumption of electricity is promoted through dynamic pricing and signals from the electricity distribution system operator .


### lng might also offer a cost - efficient technology for heavy duty vehicles to meet the stringent pollutant emission limits of euro vi standards . ### lng is also an attractive fuel for heavy duty vehicles , enabling them to meet the stringent pollutant emission limits of euro vi standards .


### ‘ refuelling point for lng’ means a provision of lng , either through a physically established pump connected to fixed or mobile installations or through a movable lng container . ### ‘ refuelling point for lng’ means a provision of lng , either through fixed or mobile installations or through a movable lng container or any other systems .


### each member state shall adopt a national policy framework for the market development of alternative fuels and their infrastructure , that will include information listed in annex i , and contain at least the following elements : ### each member state shall , in close cooperation with regional and local authorities and with the industry concerned , adopt a national policy framework for the market development of alternative fuels and their infrastructure , that will include information listed in annex i , and contain at least the following elements :


### – deployment and manufacturing support measures ; ### – deployment and manufacturing support measures , with particular emphasis on the initial launch phase ;


### member states shall notify their national policy frameworks to the commission [ within 18 months from the date of entry into force of this directive ] . ### member states shall notify their national policy frameworks to the commission [ within 18 months from the date of entry into force of this directive ] including their priority ports , as well as the applicable technical and administrative procedures , personnel , methodology , legislation , etc . to avoid bureaucratic and legislative delays , in order to ensure that a request of an intended lng provider is authorised within three months from the request .


### the commission shall evaluate the national policy frameworks and ensure that there is coherence at eu level . it shall forward to the european parliament the report on the evaluation on the national policy frameworks within one year from the reception of the national policy frameworks . ### the commission shall evaluate effectiveness in achieving the objectives of the national policy frameworks and ensure that there is coherence at eu level . for this , member states shall provide a breakdown how effective achievement of the plans has been at regional level . it shall forward to the european parliament the report on the evaluation on the national policy frameworks within one year from the reception of the national policy frameworks .


### member states shall ensure that the equipment for slow and fast recharging points as set out in annex iii . 1 . 1 and annex iii . 1 . 2 shall be available on fair , reasonable and non - discriminatory terms . ### member states shall ensure that the equipment for slow and fast recharging points as set out in annex iii . 1 . 1 and annex iii . 1 . 2 shall be available on fair , reasonable and non - discriminatory terms . they may impose additional safety requirements , such as the charging sockets being fitted with a safety shutter .


### all publicly accessible recharging points for electric vehicles shall be equipped with intelligent metering systems as defined in article 2 of directive 2012 / 27 / eu and respect the requirements laid down in article 9 of that directive . ### all publicly accessible recharging points or stations for electric vehicles shall be equipped , when payment per kw used is required , with intelligent metering systems as defined in article 2 of directive 2012 / 27 / eu and respect the requirements laid down in article 9 of that directive .


### all cng refuelling points for motor vehicles shall provide gas at a quality that is required for use in current and advanced technology cng vehicles . ### all lng and cng refuelling points for motor vehicles shall provide gas at a quality complying with the standards developed by cen .


### the commission report shall assess the requirements and the dates set out in this directive in respect to the infrastructure build - up and implementation of specifications , taking into account the technical , economic and market developments of the respective alternative fuels , accompanied if appropriate by a legislative proposal . ### the commission report shall assess the requirements , targets and the dates set out in this directive in respect to the infrastructure build - up and implementation of specifications , taking into account the technical , economic and market developments of the respective alternative fuels , accompanied if appropriate by a legislative proposal .


### those directives have been reviewed in the light of experience with a view to simplifying and updating the applicable rules , removing inconsistencies and closing unwanted gaps in the rules . that review has shown that it is appropriate to replace those four directives by this single directive . this directive should accordingly lay down standard rules for the common aspects and move away from the minimum harmonisation approach in the former directives under which member states could maintain or adopt stricter national rules . ### those directives have been reviewed in the light of experience with a view to simplifying and updating the applicable rules , removing inconsistencies and closing unwanted gaps in the rules . that review has shown that it is appropriate to replace those four directives by this single directive .


### in accordance with article 14 of the treaty , the internal market comprises an area without internal frontiers in which the free movement of goods and services and freedom of establishment are ensured . the harmonisation of certain aspects of consumer contract law is necessary for the promotion of a real consumer internal market striking the right balance between a high level of consumer protection and the competitiveness of enterprises , while ensuring the respect of the principle of subsidiarity . ### in accordance with article 26 of the treaty on the functioning of the european union , the internal market comprises an area without internal frontiers in which the free movement of goods , persons , services and capital are ensured . the harmonisation of certain aspects of consumer contract law is necessary for the promotion of a real internal market for consumers and traders which strikes the right balance between a high level of consumer protection , in line with articles 12 and 114 of the treaty on the functioning of the european union , and the competitiveness of enterprises , while ensuring the respect of the principle of subsidiarity .


### the cross - border potential of distance selling which should be one of the main tangible results of the internal market is not fully exploited by consumers . compared with the significant growth of domestic distance sales over the last few years , the growth in cross - border distance sales has been limited . this discrepancy is particularly significant for internet sales for which the potential of further growth is high . the cross - border potential of contracts negotiated away from business premises is constrained by a number of factors including the different national consumer protection rules imposed upon the industry . compared with the growth of domestic direct selling over the last few years , in particular in the services sector , the number of consumers using this channel for cross - border purchases has remained flat . responding to increased business opportunities in many member states , small and medium size enterprises or agents of direct selling companies should be more inclined to seek business opportunities in other member states , in particular in border regions . therefore the full harmonisation of consumer information and the right of withdrawal in distance and off - premises contracts will contribute to the better functioning of the business to consumer internal market . ### the cross - border potential of distance selling which should be one of the main tangible results of the internal market is not fully exploited by consumers . compared with the significant growth of domestic distance sales over the last few years , the growth in cross - border distance sales has been limited . this discrepancy is particularly significant for internet sales for which the potential of further growth is high . the cross - border potential of contracts negotiated away from business premises is constrained by a number of factors including the different national consumer protection rules imposed upon the industry . compared with the growth of domestic direct selling over the last few years , in particular in the services sector , the number of consumers using this channel for cross - border purchases has remained flat . responding to increased business opportunities in many member states , small and medium size enterprises or agents of direct selling companies should be more inclined to seek business opportunities in other member states , in particular in border regions . therefore the full harmonisation of certain aspects of consumer information and of the right of withdrawal in distance and off - premises contracts can contribute to the better functioning of the business to consumer internal market .


### business premises should include premises in whatever form which serve as a permanent place of business for the trader . market stalls and fair stands should be treated as business premises even though they may be used by the trader on a temporary basis . other premises which are rented for a short time only and where the trader is not established should not be regarded as business premises . similarly , all public spaces including public transport or facilities as well as private homes or workplaces should not be regarded as business premises . ### business premises should include premises in whatever form which serve as a permanent place of business for the business . premises which are rented for a short time only and where the business is not established should not be regarded as business premises . similarly , all public spaces including public transport or facilities as well as private homes or workplaces should not be regarded as business premises . applies throughout the text . adopting it will necessitate corresponding changes throughout . )


### since in the case of distance sales , the consumer is not able to see the good before concluding the contract he should have a right of withdrawal , which allows him to ascertain the nature and functioning of the goods . ### since in the case of distance sales , the consumer is not able to see the good before concluding the contract he should have a right of withdrawal of an appropriate duration in order to allow him to ascertain the nature , quality and functioning of the goods .


### if the good is not in conformity with the contract , firstly , the consumer should have the possibility to require the trader to repair the goods or to replace them at the trader ' s choice unless the trader proves that those remedies are unlawful , impossible or causes the trader disproportionate effort . the trader ' s effort should be determined objectively considering costs incurred by the trader when remedying the lack of conformity , the value of the goods and the significance of the lack of conformity . the lack of spare parts should not be a valid ground to justify the trader ' s failure to remedy the lack of conformity within a reasonable time or without a disproportionate effort . ### if the good is not in conformity with the contract , the consumer should have the possibility to require the business to repair the goods or to replace them . the lack of spare parts should not be a valid ground to justify the business ' s failure to remedy the lack of conformity within a reasonable time or without a disproportionate effort .


### in order to ensure legal certainty and improve the functioning of the internal market , the directive should contain two lists of unfair terms . annex ii contains a list of terms which should in all circumstances be considered unfair . annex iii contains a list of terms which should be deemed unfair unless the trader proves otherwise . these same lists should apply in all member states . ### in order to ensure legal certainty and improve the functioning of the internal market , the directive should contain two non - exhaustive lists of unfair terms . annex ii contains a list of terms which should in all circumstances be considered unfair . annex iii contains a list of terms which should be deemed unfair unless the business proves otherwise .


### ' consumer ' means any natural person who , in contracts covered by this directive , is acting for purposes which are outside his trade , business , craft or profession ; ### ' consumer ' means any natural person who , in contracts covered by this directive , is acting primarily for purposes which are not related to his trade , business , craft or profession ;


### prior to the conclusion of any sales or service contract , the trader shall provide the consumer with the following information , if not already apparent from the context : ### prior to the conclusion of any sales or service contract , the business shall provide the consumer with such information as the consumer may reasonably expect , taking into account the standards of quality and performance which would be normal under the circumstances . the information shall be clear and precise , and expressed in plain and intelligible language . the information must include , in particular , the following information , if not already apparent from the context :


### the price inclusive of taxes , or where the nature of the product means that the price cannot reasonably be calculated in advance , the manner in which the price is calculated , as well as , where appropriate , all additional freight , delivery or postal charges or , where these charges cannot reasonably be calculated in advance , the fact that such additional charges may be payable ; ### the final price inclusive of taxes , or where the nature of the product means that the price cannot reasonably be calculated in advance , the manner in which the price is calculated , as well as , where appropriate , all additional freight , delivery or postal charges or , where these charges cannot reasonably be calculated in advance , the fact that such additional charges may be payable ;


### without prejudice to articles 7 , 13 and 42 , the consequences of any breach of article 5 , shall be determined in accordance with the applicable national law . member states shall provide in their national laws for effective contract law remedies for any breach of article 5 . ### without prejudice to articles 7 , 13 and 42 , the consequences of any breach of article 5 shall be determined in accordance with the applicable national law , save those breaches of a de minimis , technical nature where the effects of the breach under the applicable national law would be disproportionate to the harm actually incurred . member states shall provide in their national laws for effective remedies for any breach of article 5 .


### with respect to off - premises contracts , the information provided for in article 9 shall be given in the order form in plain and intelligible language and be legible . the order form shall include the standard withdrawal form set out in annex i . ### with respect to off - premises contracts , the information provided for in article 9 shall be given in the order form in plain and intelligible language and confirmed in textual form on a durable medium . the order form shall include the standard withdrawal form set out in annex i . the order form shall be provided to the consumer prior to the conclusion of the contract . in cases where the order form is not on paper , the consumer shall receive a copy of the order form on another durable medium .


### member states shall not provide for any other formal requirements applicable to this standard withdrawal form . ### member states shall not provide for any formal requirements applicable to the communication of withdrawal . a communication of withdrawal may be made by the consumer , in particular , in the form of a statement addressed to the business drafted in his own words , using the standard withdrawal form as set out in annex i , and , unless the circumstances indicate otherwise , by returning the subject matter of the contract .


### for distance contracts concluded on the internet , the trader may , in addition to the possibilities referred to in paragraph 1 , give the option to the consumer to electronically fill in and submit the standard withdrawal form on the trader ' s website . in that case the trader shall communicate to the consumer an acknowledgement of receipt of such a withdrawal by email without delay . ### for distance contracts concluded on the internet , if the business gives the option to the consumer to electronically fill in and submit the standard withdrawal form on the business ' s website , the business shall communicate to the consumer an acknowledgement of receipt of such a withdrawal by email without delay .


### the trader shall reimburse any payment received from the consumer within thirty days from the day on which he receives the communication of withdrawal . ### the business shall reimburse any payment received from the consumer without undue delay , and in any case not later than thirty days from the day on which it receives the communication of withdrawal .


### legal rights of the consumer , as provided for in article 26 and a clear statement that those rights are not affected by the commercial guarantee , ### the rights of the consumer under article 26 of this directive and a clear statement that those rights are not affected by the commercial guarantee , and


### set the contents of the commercial guarantee and the conditions for making claims , notably the duration , territorial scope and the name and address of the guarantor , ### the terms of the commercial guarantee , in particular those relating to its duration and territorial scope , and requirements for making claims , notably the duration , territorial scope and the name and address of the guarantor ,


### if the consumer so requests , the trader shall make the guarantee statement available in a durable medium . ### at the consumer ' s request , the business shall provide the guarantee statement in textual form on a durable medium .


### non compliance with paragraph 2 or 3 shall not affect the validity of the guarantee . ### non compliance with paragraph 2 , 2 a or 3 shall not affect the validity of a commercial guarantee .


### this chapter shall apply to contract terms drafted in advance by the trader or a third party , which the consumer agreed to without having the possibility of influencing their content , in particular where such contract terms are part of a pre - formulated standard contract . ### this chapter shall apply to contract terms supplied by the business or a third party .


### in recent years , the security risks related electronic payments have increased , which is due to the greater technical complexity of electronic payments , the continuously growing volumes of electronic payments worldwide and the emerging types of payment services . as safe and secure payment services constitute a vital condition for a well - functioning payment services market , users of payment services should be adequately protected against such risks . payment services are essential for the maintenance of vital economic and societal activities and therefore payment services providers such as credit institutions have been qualified as market operators according to article 3 of directive [ pls insert number of nis directive after adoption ] of the european parliament and of the council25 . __________________ 25 directive xxxx / xx / eu of the european parliament and of the council of [ date ] concerning measures to ensure a high common level of network and information security across the union . ### in recent years , the security risks related electronic payments have increased , which is due to the greater technical complexity of electronic payments , the continuously growing volumes of electronic payments worldwide and the emerging types of payment services . as safe and secure payment services constitute a vital condition for a well - functioning payment services market , users of payment services should be adequately protected against such risks . payment services are essential for the maintenance of vital economic and societal activities and therefore payment services providers such as credit institutions have been qualified as market operators according to article 3 of directive [ pls insert number of nis directive after adoption ] of the european parliament and of the council25 . when processing personal data for the purposes of this directive the security requirements laid down in articles 16 and 17 of directive 95 / 46 / ec should be respected . __________________ 25 directive xxxx / xx / eu of the european parliament and of the council of [ date ] concerning measures to ensure a high common level of network and information security across the union .


### overall , the functioning of the cooperation between the competent national authorities responsible for granting authorisations to payment institutions , carrying out controls and deciding on the withdrawal of those authorisations , has proven to work satisfactorily . however , the cooperation between the competent authorities should be enhanced , both with regard to the information exchanged as well as a coherent application and interpretation of the directive , in cases where the authorised payment institution would like to provide payment services also in a member state other than its home member state , in exercise of the right of establishment or the freedom to provide services . the european banking authority should be asked to prepare a set of guidelines on the cooperation and data exchange . ### overall , the functioning of the cooperation between the competent national authorities responsible for granting authorisations to payment institutions , carrying out controls and deciding on the withdrawal of those authorisations , has proven to work satisfactorily . however , the cooperation between the competent authorities should be enhanced , both with regard to the information exchanged as well as a coherent application and interpretation of the directive , in cases where the authorised payment institution would like to provide payment services also in a member state other than its home member state , in exercise of the right of establishment or the freedom to provide services . the european banking authority after consulting an advisory panel set up for the purposes of implementation of this directive and representing i . e . non - banking actors , should prepare a set of guidelines on the cooperation and data exchange .


### while this directive specifies the minimum set of powers competent authorities should have when supervising the compliance of payment institutions , these powers are to be exercised with respect to fundamental rights , including the right to privacy . for the exercise of those powers which may amount to serious interferences with the right to respect private and family life , home and communications , member states should have in place adequate and effective safeguards against any abuse or arbitrariness , for instance , where appropriate through prior authorisation from the judicial authority of the member state concerned . ### while this directive specifies the minimum set of powers competent authorities should have when supervising the compliance of payment institutions , these powers are to be exercised with respect to fundamental rights , including the right to privacy . without prejudice to the control of an independent authority under article 8 of the charter of fundamental rights of the european union , for the exercise of those powers which may amount to serious interferences with the right to respect private and family life , home and communications , member states should have in place adequate and effective safeguards against any abuse or arbitrariness , for instance , where appropriate through prior authorisation from the judicial authority of the member state concerned .


### this directive should specify the obligations on payment service providers as regards the provision of information to the payment service users who should receive the same high level of clear information about payment services in order to make well - informed choices and be able to choose freely within the union . in the interest of transparency this directive should lay down the harmonised requirements needed to ensure that necessary and sufficient information is given to the payment service users with regard to the payment service contract and the payment transactions . in order to promote smooth functioning of the single market in payment services , member states should be able to adopt only those information provisions laid down in this directive . ### this directive should specify the obligations on payment service providers as regards the provision of information to the payment service users who should receive the same high level of clear information about payment services in order to make well - informed choices and be able to choose freely within the union . in the interest of transparency this directive should lay down the harmonised requirements needed to ensure that necessary and sufficient information is given to the payment service users with regard to the payment service contract and the payment transactions . in order to promote smooth functioning of the single market in payment services , member states should be able to adopt those information provisions laid down in this directive , as well as under directive 95 / 46 / ec and regulation ec no 45 / 2001 .


### it is necessary to set up the criteria under which tpps are allowed to access and use the information on the availability of funds on the payment service user account held with another payment service provider . in particular , necessary data protection and security requirements set or referred to in this directive or included in the eba guidelines should be fulfilled by both the tpp and the payment service provider servicing the account of the payment service user . the payers should give an explicit consent to the tpp to access their payment account and be properly informed about the extent of this access . to allow the development of other payment services providers which cannot receive deposits , it is necessary that credit institutions provide them with the information on the availability of funds if the payer has given consent for this information to be communicated to the payment service provider issuer of the payment instrument . ### it is necessary to set up the criteria under which tpps are allowed to access and use the information on the availability of funds on the payment service user account held with another payment service provider . in particular , necessary data protection and security requirements set or referred to in this directive or included in the eba implementing technical standards should be fulfilled by both the tpp and the payment service provider servicing the account of the payment service user . the payers should give an explicit consent to the tpp to access their payment account and be properly informed about the extent of this access . to allow the development of other payment services providers which cannot receive deposits , it is necessary that credit institutions provide them with the information on the availability of funds if the payer has given consent for this information to be communicated to the payment service provider issuer of the payment instrument .