### the union shall provide , upon request , political and technical support to member states in their bilateral negotiations with non - union neighbouring countries including candidate and acceding countries , to resolve spectrum coordination issues that prevent member states from implementing their obligations under union law regarding spectrum policy and management . the union shall also support efforts by third countries to implement spectrum management that is compatible with that of the union , so as to safeguard union spectrum policy objectives . ### in order to resolve spectrum coordination issues that would otherwise prevent member states from implementing their obligations under union law regarding spectrum policy and management , the union shall provide political and technical support to member states in their bilateral negotiations with non - union neighbouring countries including candidate and acceding countries . the union shall also support efforts by third countries to implement spectrum management that is compatible with that of the union , so as to safeguard union spectrum policy objectives


### consent should not provide a valid legal ground for the processing of personal data , where there is a clear imbalance between the data subject and the controller . this is especially the case where the data subject is in a situation of dependence from the controller , among others , where personal data are processed by the employer of employees ' personal data in the employment context . where the controller is a public authority , there would be an imbalance only in the specific data processing operations where the public authority can impose an obligation by virtue of its relevant public powers and the consent cannot be deemed as freely given , taking into account the interest of the data subject . ### consent should not provide a valid legal ground for the processing of personal data , where there is a clear imbalance of power between the data subject and the controller . this is especially the case where the data subject is in a situation of dependence from the controller , among others , where personal data are processed by the employer of employees ' personal data in the employment context . in an employment context , data processing intended to have primarily legally or financially advantageous consequences for the employee is an exception . where the controller is a public authority , there would be an imbalance only in the specific data processing operations where the public authority can impose an obligation by virtue of its relevant public powers and the consent cannot be deemed as freely given , taking into account the interest of the data subject .


### this regulation applies to the processing of personal data wholly or partly by automated means , and to the processing other than by automated means of personal data which form part of a filing system or are intended to form part of a filing system . ### this regulation applies to the processing of personal data wholly or partly by automated means , without discrimination between such processing means , and to the processing other than by automated means of personal data which form part of a filing system or are intended to form part of a filing system .


### ‘ data concerning health’ means any information which relates to the physical or mental health of an individual , or to the provision of health services to the individual ; ### ‘ data concerning health’ means any information which directly relates to the physical or mental health of an individual ;


### the basis of the processing referred to in points and of paragraph 1 must be provided for in : ### the legal basis for the processing referred to in point of paragraph 1 must be provided for in :


### the processing of personal data , revealing race or ethnic origin , political opinions , religion or beliefs , trade - union membership , and the processing of genetic data or data concerning health or sex life or criminal convictions or related security measures shall be prohibited . ### the processing of personal data , revealing race or ethnic origin , political opinions , religion or beliefs , trade - union membership , the processing of genetic data or data concerning sex life and the processing of personal data intended to reveal information concerning health shall be prohibited .


### processing is carried out in the course of its legitimate activities with appropriate safeguards by a foundation , association or any other non - profit - seeking body with a political , philosophical , religious or trade - union aim and on condition that the processing relates solely to the members or to former members of the body or to persons who have regular contact with it in connection with its purposes and that the data are not disclosed outside that body without the consent of the data subjects ; or ### processing is carried out in the course of its legitimate activities with appropriate safeguards by a foundation , association , organisations active in the labour market or any other non - profit - seeking body with a political , philosophical , religious , sporting or trade - union aim and on condition that the processing relates solely to the members or to former members of the body or to persons who have regular contact with it in connection with its purposes and that the data are not disclosed outside that body without the consent of the data subjects ; or


### processing of data concerning health is necessary for health purposes and subject to the conditions and safeguards referred to in article 81 ; or ### processing of personal data intended to reveal information concerning health is necessary for purposes of preventative or occupational medicine , medical diagnosis , the provision of care or treatment or the management of health - care services , where those data are processed by a health professional subject to the obligation of professional secrecy or another person also subject to an equivalent obligation of confidentiality under member state law or rules established by national competent bodies ; or


### processing of data relating to criminal convictions or related security measures is carried out either under the control of official authority or when the processing is necessary for compliance with a legal or regulatory obligation to which a controller is subject , or for the performance of a task carried out for important public interest reasons , and in so far as authorised by union law or member state law providing for adequate safeguards . a complete register of criminal convictions shall be kept only under the control of official authority . ### processing of personal data relating to offences , criminal convictions or related security measures is carried out either under the control of official authority or when the processing is necessary for compliance with a legal or regulatory obligation to which a controller is subject , or for the performance of a task carried out for important public interest reasons , and in so far as authorised by union law or member state law providing for adequate safeguards . a complete register of criminal convictions shall be kept only under the control of official authority .


### the controller shall provide any information and any communication relating to the processing of personal data to the data subject in an intelligible form , using clear and plain language , adapted to the data subject , in particular for any information addressed specifically to a child . ### the controller shall provide any information and any communication relating to the processing of personal data to the data subject in an intelligible and permanent form , using clear and plain language , adapted to the data subject , in particular for any information addressed specifically to a child .


### if the controller refuses to take action on the request of the data subject , the controller shall inform the data subject of the reasons for the refusal and on the possibilities of lodging a complaint to the supervisory authority and seeking a judicial remedy . ### if the controller does not take action on the request of the data subject , the data subject shall have the right to lodge a complaint with the supervisory authority .


### the data subject shall have the right to obtain from the controller at any time , on request , confirmation as to whether or not personal data relating to the data subject are being processed . where such personal data are being processed , the controller shall provide the following information : ### the data subject shall have the right to obtain from every controller at any time , on request , confirmation as to whether or not personal data relating to the data subject are being processed . the confirmation shall , at the minimum , include the following information :


### the data subject shall have the right to obtain from the controller at any time , on request , confirmation as to whether or not personal data relating to the data subject are being processed . where such personal data are being processed , the controller shall provide the following information : ### subject to article 12 , the data subject shall have the right to obtain the following information from the controller :


### the controller shall carry out the erasure without delay , except to the extent that the retention of the personal data is necessary : ### where the controller learns of a request for erasure pursuant to this article or article 13 , he shall carry out the erasure without delay , except to the extent that the retention of the personal data is necessary :


### for exercising the right of freedom of expression in accordance with article 80 ; ### in the contexts referred to under article 5a , , and , in accordance with articles 80 , 81 and 83 of this regulation and article 10 of the european convention on human rights ;


### where processing of personal data is restricted pursuant to paragraph 4 , the controller shall inform the data subject before lifting the restriction on processing . ### where processing of personal data is restricted pursuant to paragraph 4 , the controller or processor shall inform the data subject before lifting the restriction on processing .


### right to data portability ### right to obtain data


### the data subject shall have the right , where personal data are processed by electronic means and in a structured and commonly used format , to obtain from the controller a copy of data undergoing processing in an electronic and structured format which is commonly used and allows for further use by the data subject . ### where the data subject has provided the personal data and where personal data are processed by electronic means , the data subject shall have the right to obtain from the controller a copy of the provided personal data in an electronic and structured format which is commonly used and allows for further use by the data subject , without hindrance from the controller from whom the personal data are withdrawn .


### the data subject shall have the right , where personal data are processed by electronic means and in a structured and commonly used format , to obtain from the controller a copy of data undergoing processing in an electronic and structured format which is commonly used and allows for further use by the data subject . ### the data subject shall have the right , where personal data are processed by electronic means and in a structured and commonly used format , to obtain from the controller a copy of data undergoing processing .


### the data subject shall have the right , where personal data are processed by electronic means and in a structured and commonly used format , to obtain from the controller a copy of data undergoing processing in an electronic and structured format which is commonly used and allows for further use by the data subject . ### the data subject shall have the right , where personal data are processed by electronic means , to obtain from the controller a copy of data undergoing processing in an electronic , interoperable and structured format which is commonly used and allows for further use by the data subject .


### where the data subject has provided the personal data and the processing is based on consent or on a contract , the data subject shall have the right to transmit those personal data and any other information provided by the data subject and retained by an automated processing system , into another one , in an electronic format which is commonly used , without hindrance from the controller from whom the personal data are withdrawn . ### where the data subject has provided the personal data , the data subject shall have the right to transmit those personal data and any other information provided by the data subject and retained by an automated processing system , into another one , in an electronic format which is commonly used , without hindrance from the controller from whom the personal data are withdrawn .


### the commission may specify the electronic format referred to in paragraph 1 and the technical standards , modalities and procedures for the transmission of personal data pursuant to paragraph 2 . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 87 . ### the commission shall be empowered to adopt delegated acts in accordance with article 86 for the purpose of specifying the electronic format referred to in paragraph 1 and the technical standards , modalities and procedures for the transmission of personal data pursuant to paragraph 2 .


### the commission may specify the electronic format referred to in paragraph 1 and the technical standards , modalities and procedures for the transmission of personal data pursuant to paragraph 2 . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 87 . ### the electronic format , related functionalities and procedures for the transmission of personal data pursuant to paragraph 2 , shall be determined by the controller by reference to the most appropriate industry standards available or as defined by industry stakeholders or standardisation bodies . the commission shall promote and assist industry , stakeholders and standardisation bodies in the mapping and adoption of technical standards , modalities and procedures for the transmission of personal data pursuant to paragraph 2 .


### the data subject shall have the right to object , on grounds relating to their particular situation , at any time to the processing of personal data which is based on points , and of article 6 , unless the controller demonstrates compelling legitimate grounds for the processing which override the interests or fundamental rights and freedoms of the data subject . ### the data subject shall have the right to object , on compelling legitimate grounds relating to his particular situation , at any time to the processing of personal data relating to him which is based on points , and of article 6 .


### union or member state law may restrict by way of a legislative measure the scope of the obligations and rights provided for in points to of article 5 and articles 11 to 20 and article 32 , when such a restriction constitutes a necessary and proportionate measure in a democratic society to safeguard : ### union or member state law may restrict or extend by way of a legislative measure the scope of the obligations and rights provided for in points to of article 5 and articles 11 to 19 and article 32 , when such a restriction or extension constitutes a necessary and proportionate measure in a democratic society to safeguard :


### responsibility of the controller ### responsibility and accountability of the controller


### where a controller determines the purposes , conditions and means of the processing of personal data jointly with others , the joint controllers shall determine their respective responsibilities for compliance with the obligations under this regulation , in particular as regards the procedures and mechanisms for exercising the rights of the data subject , by means of an arrangement between them . ### where several controllers share personal data by determining the purposes and means of the processing of personal data jointly , the joint controllers shall equally fulfil their responsibilities for compliance with the obligations under this regulation , in particular as regards the procedures and mechanisms for exercising the rights of the data subject , by means of an arrangement between them .


### where a processing operation is to be carried out on behalf of a controller , the controller shall choose a processor providing sufficient guarantees to implement appropriate technical and organisational measures and procedures in such a way that the processing will meet the requirements of this regulation and ensure the protection of the rights of the data subject , in particular in respect of the technical security measures and organizational measures governing the processing to be carried out and shall ensure compliance with those measures . ### where processing is to be carried out on behalf of a controller , the controller shall choose a processor providing sufficient guarantees to implement appropriate technical and organisational measures and procedures in such a way that the processing will meet the requirements of this regulation and ensure the protection of the rights of the data subject , in particular in respect of the technical security measures and organizational measures governing the processing to be carried out and shall ensure compliance with those measures .


### the controller and the processor shall implement appropriate technical and organisational measures to ensure a level of security appropriate to the risks represented by the processing and the nature of the personal data to be protected , having regard to the state of the art and the costs of their implementation . ### having regard to the state of technological development and the cost of implementation , the controller must implement appropriate technical and organisational measures to ensure a level of security in relation to the processing personal data that is appropriate to : the harm that might result from unauthorised or unlawful processing or accidental loss , destruction or damage as mentioned in article 5 , and the nature and scope of the data to be processed .


### when the personal data breach is likely to adversely affect the protection of the personal data or privacy of the data subject , the controller shall , after the notification referred to in article 31 , communicate the personal data breach to the data subject without undue delay . ### when the personal data breach causes or is likely to cause significant adverse effect on the privacy of the data subject and minimizing of the harm requires action by data subjects , the controller shall , after the notification referred to in article 31 , communicate the personal data breach to the data subject without undue delay unless this is disproportionally difficult . when communication to data subjects would risk causing further serious harm to the protection of the personal data or privacy of the data subject , the controller may , after consulting with the supervisory authority , delay communication to data subjects until such risk no longer prevails .


### the communication of a personal data breach to the data subject shall not be required if the controller demonstrates to the satisfaction of the supervisory authority that it has implemented appropriate technological protection measures , and that those measures were applied to the data concerned by the personal data breach . such technological protection measures shall render the data unintelligible to any person who is not authorised to access it . ### the communication of a personal data breach to the data subject shall not be required if the controller demonstrates to the satisfaction of the supervisory authority that it has implemented appropriate technological protection measures , and that those measures were applied to the data concerned by the personal data breach . such technological protection measures shall have the purpose to render the data unintelligible to any person who is not authorised to access them , taking into account the nature of the data , the state of the art and the cost .


### data protection impact assessment and prior authorisation ### lifecycle data protection management


### the commission may set out standard forms and procedures for prior authorisations and consultations referred to in paragraphs 1 and 2 , and standard forms and procedures for informing the supervisory authorities pursuant to paragraph 6 . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 87 . ### the commission shall be empowered to adopt delegated acts in accordance with article 86 for the purpose of setting out standard forms and procedures for prior consultations referred to in paragraph 2 , and standard forms and procedures for informing the supervisory authorities pursuant to paragraph 6 .


### the commission may set out standard forms and procedures for prior authorisations and consultations referred to in paragraphs 1 and 2 , and standard forms and procedures for informing the supervisory authorities pursuant to paragraph 6 . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 87 . ### the commission may set out non mandatory standard forms and procedures for prior authorisations . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 87 .


### where the controller or the processor is a public authority or body , the data protection officer may be designated for several of its entities , taking account of the organisational structure of the public authority or body . ### where the controller or the processor is a public authority or body , the data protection officer or officers may be designated for several of its entities , taking account of the organisational structure of the public authority or body .


### where the controller or the processor is a public authority or body , the data protection officer may be designated for several of its entities , taking account of the organisational structure of the public authority or body . ### where the controller or the processor is a public authority or body , a single data protection officer may be designated for several such authorities or bodies , taking account of their organisational structure and size .


### the controller or the processor shall ensure that the data protection officer is properly and in a timely manner involved in all issues which relate to the protection of personal data . ### the controller or the processor shall ensure that the data protection organisation or data protection officer is properly and in a timely manner involved in all issues which relate to the protection of personal data .


### the international commitments the third country or international organisation in question has entered into . ### the international commitments the third country or international organisation in question has entered into , in particular any legally binding conventions or instruments under human rights law or international law .


### where the commission has taken no decision pursuant to article 41 , a controller or processor may transfer personal data to a third country or an international organisation only if the controller or processor has adduced appropriate safeguards with respect to the protection of personal data in a legally binding instrument . ### where the commission has taken no decision pursuant to article 41 , a controller or processor may transfer personal data to a controller or processor in a third country or an international organisation only if the controller or processor has adduced appropriate safeguards with respect to the protection of personal data in a legally binding instrument .


### where a transfer is based on contractual clauses as referred to in point of paragraph 2 of this article the controller or processor shall obtain prior authorisation of the contractual clauses according to point of article 34 from the supervisory authority . if the transfer is related to processing activities which concern data subjects in another member state or other member states , or substantially affect the free movement of personal data within the union , the supervisory authority shall apply the consistency mechanism referred to in article 57 . ### where the relevant safeguards are provided for on the basis of contractual clauses as referred to in point of paragraph 2 of this article the controller or processor shall ensure compliance of the intended processing with this regulation and mitigate any risks involved for the data subject . the supervisory authority shall support the compliance of the regulation by providing guidance and advice under this provision . if the processing concerns data subjects in another member state or other member states , or substantially affect the free movement of personal data within the union , the edpb shall provide guidance to ensure consistent application of the regulation , taking into account the specific circumstances of individual member states .


### in the absence of an adequacy decision pursuant to article 41 or of appropriate safeguards pursuant to article 42 , a transfer or a set of transfers of personal data to a third country or an international organisation may take place only on condition that : ### in the absence of an adequacy decision pursuant to article 41 or of appropriate safeguards pursuant to article 42 , a transfer or a set of transfers of personal data to a third country or an international organisation may take place , to the extent that the processing is not massive , not repetitive and not structural , only on condition that :


### the data subject has consented to the proposed transfer , after having been informed of the risks of such transfers due to the absence of an adequacy decision and appropriate safeguards ; or ### the data subject has consented to the proposed transfer , after having been informed of the risks of such transfers due to the absence of an adequacy decision and appropriate safeguards ; and


### develop effective international co - operation mechanisms to facilitate the enforcement of legislation for the protection of personal data ; ### develop effective international co - operation mechanisms to ensure the enforcement of legislation for the protection of personal data ;


### to notify the controller or the processor of an alleged breach of the provisions governing the processing of personal data , and , where appropriate , order the controller or the processor to remedy that breach , in a specific manner , in order to improve the protection of the data subject ; ### to notify the controller or the processor of an alleged breach of the provisions governing the processing of personal data , and , where appropriate , order the controller or the processor to remedy that breach , in a specific manner , in order to improve the protection of the data subject or , where necessary , oblige the controller to communicate the personal data breach to the data subject ;


### each supervisory authority shall have the investigative power to obtain from the controller or the processor : ### each supervisory authority shall have the investigative power to obtain from the controller or the processor without prior notice :


### access to all personal data and to all information necessary for the performance of its duties ; ### access to all personal data and to all documents and information necessary for the performance of its duties ;


### before a supervisory authority adopts a measure referred to in paragraph 2 , this supervisory authority shall communicate the draft measure to the european data protection board and the commission . ### before the competent supervisory authority adopts a measure referred to in paragraph 2 , this competent supervisory authority shall communicate the draft measure to the european data protection board and the commission .


### where the supervisory authority concerned intends not to follow the opinion of the commission , it shall inform the commission and the european data protection board thereof within the period referred to in paragraph 1 and provide a justification . in this case the draft measure shall not be adopted for one further month . ### where the supervisory authority concerned intends not to follow the opinion of the commission , it shall inform the commission and the european data protection board thereof within the period referred to in paragraph 1 and provide a justification .


### where the supervisory authority concerned intends not to follow the opinion of the commission , it shall inform the commission and the european data protection board thereof within the period referred to in paragraph 1 and provide a justification . in this case the draft measure shall not be adopted for one further month . ### where the supervisory authority concerned intends not to follow the opinion of the commission , it shall inform the commission and the european data protection board thereof within one month and provide a reasoned justification . this reasoned justification shall be made publicly available .


### where more than one controller or processor is involved in the processing , each controller or processor shall be jointly and severally liable for the entire amount of the damage . ### where more than one controller is involved in the processing , each controller shall be liable only to the extent that he is responsible for the event giving rise to the damage and that liability has not already been established in the determination or responsibilities envisaged in article 24 .


### the administrative sanction shall be in each individual case effective , proportionate and dissuasive . the amount of the administrative fine shall be fixed with due regard to the nature , gravity and duration of the breach , the intentional or negligent character of the infringement , the degree of responsibility of the natural or legal person and of previous breaches by this person , the technical and organisational measures and procedures implemented pursuant to article 23 and the degree of co - operation with the supervisory authority in order to remedy the breach . ### an administrative sanction shall be in every individual case effective , proportionate and dissuasive . in deciding on the nature , scope and seriousness of the administrative sanction to apply the supervisory authority shall have regard to all the circumstances and , in particular : the nature , gravity and duration of the breach ; whether the breach was deliberate ; whether reasonable steps were taken to prevent it ; whether the breach did or is likely to cause substantial harm or substantial prejudice to the fundamental rights and freedoms of a data subject , or substantial distress to a data subject ; any steps taken to mitigate the consequences of a breach , including the degree of cooperation with the supervisory authority in order to remedy the breach or its consequences ; any previous breaches .


### within the limits of this regulation , member states may adopt by law specific rules regulating the processing of employees ' personal data in the employment context , in particular for the purposes of the recruitment , the performance of the contract of employment , including discharge of obligations laid down by law or by collective agreements , management , planning and organisation of work , health and safety at work , and for the purposes of the exercise and enjoyment , on an individual or collective basis , of rights and benefits related to employment , and for the purpose of the termination of the employment relationship . ### member states may , in accordance with the rules set out in this regulation , and taking into account the principle of proportionality , adopt by legal provisions specific rules regulating the processing of employees ' personal data in the employment context , in particular but not limited to the purposes of the recruitment and job applications within the group of undertakings , the performance of the contract of employment , including discharge of obligations laid down by law and by collective agreements , company agreements and collective agreements in accordance with national law and practice , management , planning and organisation of work , health and safety at work , and for the purposes of the exercise and enjoyment , on an individual or collective basis , of rights and benefits related to employment , and for the purpose of the termination of the employment relationship . the level of protection afforded by this regulation may not be undercut . notwithstanding the previous sentence , where arrangements are made by agreement between employee representatives and the management of the undertaking or of the controlling undertaking of a group of undertakings the level of protection afforded by this regulation may not be significantly undercut . the right of member states , or the social partners via collective agreements , to provide employees with more favourable protection provisions in respect of the processing of personal data in the employment context shall remain unaffected .


### within the limits of this regulation , member states may adopt by law specific rules regulating the processing of employees ' personal data in the employment context , in particular for the purposes of the recruitment , the performance of the contract of employment , including discharge of obligations laid down by law or by collective agreements , management , planning and organisation of work , health and safety at work , and for the purposes of the exercise and enjoyment , on an individual or collective basis , of rights and benefits related to employment , and for the purpose of the termination of the employment relationship . ### within the limits of this regulation , member states or collective agreement among employers and employees may adopt by law specific rules regulating the processing of employees ' personal data in the employment context , in particular for the purposes of the recruitment , the performance of the contract of employment , including discharge of obligations laid down by law or by collective agreements , management , planning and organisation of work , criminal conviction , health and safety at work , and for the purposes of the exercise and enjoyment , on an individual or collective basis , of rights and benefits related to employment , and for the purpose of the termination of the employment relationship .


### a delegated act adopted pursuant to article 6 , article 8 , article 9 , article 12 , article 14 , article 15 , article 17 , article 20 , article 22 , article 23 , article 26 , article 28 , article 30 , article 31 , article 32 , article 33 , article 34 , article 35 , article 37 , article 39 , article 43 , article 44 , article 79 , article 81 , article 82 and article 83 shall enter into force only if no objection has been expressed either by the european parliament or the council within a period of two months of notification of that act to the european parliament and the council or if , before the expiry of that period , the european parliament and the council have both informed the commission that they will not object . that period shall be extended by two months at the initiative of the european parliament or the council . ### a delegated act adopted pursuant to [ articles xxx ] shall enter into force only if no objection has been expressed either by the european parliament or the council within a period of twelve months of notification of that act to the european parliament and the council or if , before the expiry of that period , the european parliament and the council have both informed the commission that they will not object . that period shall be extended by six months at the initiative of the european parliament or the council .


### decision 1 / cp . 15 of the conference of the parties to the unfccc and decision 1 / cp . 16 of the conference of the parties to the unfccc contributed significantly to progress in addressing the challenges raised by climate change in a balanced manner . those decisions introduced new monitoring and reporting requirements that apply to the implementation of ambitious emission reductions to which the union and its member states have committed , and provided support to developing countries . those decisions also recognised the importance of addressing adaptation with the same priority as mitigation . decision 1 / cp . 16 also requires that developed countries elaborate low - carbon development strategies or plans . such strategies or plans are expected to contribute towards building a low - carbon society and ensure continued high growth and sustainable development . this regulation should facilitate , through its delegated acts , the implementation of these and future monitoring and reporting requirements arising from further decisions or the approval of an international agreement under the unfccc . ### decision 1 / cp . 15 of the conference of the parties to the unfccc and decision 1 / cp . 16 of the conference of the parties to the unfccc contributed significantly to progress in addressing the challenges raised by climate change in a balanced manner . those decisions introduced new monitoring and reporting requirements that apply to the implementation of ambitious emission reductions to which the union and its member states have committed , and provided support to developing countries . those decisions also recognised the importance of addressing adaptation with the same priority as mitigation . decision 1 / cp . 16 also requires that developed countries elaborate low - carbon development strategies or plans . such strategies or plans are expected to contribute towards building a low - carbon society and ensure continued high growth and sustainable development , and should be in line with a cost - efficient trajectory towards the union ' s 2050 climate target . this regulation should facilitate , through its delegated acts , the implementation of these and future monitoring and reporting requirements arising from further decisions or the approval of an international agreement under the unfccc .


### the climate and energy package adopted in 2009 , in particular decision no 406 / 2009 / ec of 23 april 2009 on the efforts of member states to reduce their greenhouse gas emissions to meet the community ' s greenhouse gas emission reduction commitments up to 2020 and directive 2009 / 29 / ec of 23 april 2009 amending directive 2003 / 87 / ec to improve and extend the greenhouse gas emission allowance trading scheme of the community , marks another firm commitment by the union and the member states to significantly reduce their greenhouse gas emissions . the union ' s system for monitoring and reporting emissions also should be updated in the light of new requirements under that legislation . ### the climate and energy package adopted in 2009 , in particular decision no 406 / 2009 / ec of the european parliament and of the council of 23 april 2009 on the efforts of member states to reduce their greenhouse gas emissions to meet the community ' s greenhouse gas emission reduction commitments up to 2020 , directive 2009 / 29 / ec of the european parliament and of the council of 23 april 2009 amending directive 2003 / 87 / ec so as to improve and extend the greenhouse gas emission allowance trading scheme of the community , and directive 2009 / 28 / ec of the european parliament and of the council of 23 april 2009 on the promotion of the use of energy from renewable sources1 , marks another firm commitment by the union and the member states to significantly reduce their greenhouse gas emissions . the union ' s system for monitoring and reporting emissions also should be updated in the light of new requirements under that legislation . _____________ 1 oj l 140 , 5 . 6 . 2009 , p . 16 .


### member states , and the commission on behalf of the union , shall each devise and implement a low - carbon development strategy to contribute to : ### member states , and the commission on behalf of the union , shall each devise and implement a low - carbon development strategy to ensure :


### detailed information on assistance provided by both the public and private sectors , as appropriate , to developing countries that are particularly vulnerable to the effects of climate change in adapting to those climate change effects ; ### detailed information on assistance provided by both the public and private sectors , as appropriate , to developing countries that are particularly vulnerable to the effects of climate change in adapting to those climate change effects , specifying recipient country , sector and type of activity ;


### detailed information on assistance provided by both the public and private sectors , as appropriate , to developing countries to mitigate greenhouse gas emissions ; ### detailed information on assistance provided by both the public and private sectors , as appropriate , to developing countries to mitigate greenhouse gas emissions , specifying recipient country , sector and type of activity ;


### information referred to in point of article 6 of decision no 406 / 2009 / ec and information on how their purchasing policy enhances the achievement of an international agreement on climate change . ### information referred to in point of article 6 of decision no 406 / 2009 / ec and information on how their purchasing policy enhances the achievement of an international agreement on climate change . in the case of hydroelectric power production project activities with a generating capacity exceeding 20mw , member states shall , when approving such project activities , ensure that relevant international criteria and guidelines , in particular the hydropower sustainability assessment protocol 2010 , will be respected during the development of such project activities .


### the nagoya protocol on access to genetic resources and the fair and equitable sharing of benefits arising from their utilization to the convention on biological diversity is an international treaty adopted on 29 october 2010 by the parties to the convention . the nagoya protocol significantly expands the general rules of the convention on access and benefit - sharing for the use of genetic resources and traditional knowledge associated with genetic resources . ### the nagoya protocol on access to genetic resources and the fair and equitable sharing of benefits arising from their utilization to the convention on biological diversity is an international treaty adopted on 29 october 2010 by the parties to the convention . the nagoya protocol further details the general rules of the convention on access and benefit - sharing for the use of genetic resources and traditional knowledge associated with genetic resources .


### with a view to ensuring an effective implementation of the nagoya protocol , all users of genetic resources and traditional knowledge associated with such resources should have to exercise due diligence to ascertain that the genetic resources and associated traditional knowledge used were accessed in accordance with applicable legal requirements and to ensure that , where relevant , benefits are shared . however , given the diversity of users within the union it is not appropriate to oblige all users to take the same measures for exercising due diligence . therefore , only minimum features of due diligence measures should be set out . the specific choices taken by users on the tools and measures applied for exercising due diligence should be supported through the recognition of best practices as well as complementary measures in support of sectoral codes of conduct , model contractual clauses , and guidelines with a view to increasing legal certainty and reducing costs . the obligation on users to keep information relevant for access and benefit - sharing should be limited in time , consistent with the time - span for an eventual innovation . ### with a view to ensuring an effective implementation of the nagoya protocol , all users of genetic resources and traditional knowledge associated with such resources should have to exercise due diligence to ascertain that the genetic resources and associated traditional knowledge used were accessed in accordance with applicable legal requirements and to ensure that , where relevant , benefits are shared . however , given the diversity of users within the union it is not appropriate to oblige all users to take the same measures for exercising due diligence . this is the case in particular for subsequent users where the due diligence obligation should only apply in the case such users access and use genetic resources in the form as originally accessed by the initial user . the obligation on users to keep information relevant for access and benefit - sharing should be limited in time , consistent with the time - span for an eventual innovation .


### this regulation establishes rules governing access and benefit - sharing for genetic resources and traditional knowledge associated with genetic resources , in accordance with the provisions of the nagoya protocol on access to genetic resources and the fair and equitable sharing of benefits arising from their utilisation to the convention on biological diversity . ### this regulation establishes rules governing compliance with access and benefit - sharing for genetic resources and traditional knowledge associated with genetic resources , in accordance with the provisions of the nagoya protocol on access to genetic resources and the fair and equitable sharing of benefits arising from their utilisation to the convention on biological diversity .


### the source from which the resources or the knowledge were directly obtained as well as subsequent users of genetic resources or traditional knowledge associated with such resources ; ### the source from which the resources or the knowledge were directly obtained ;


### access decisions and mutually agreed terms , where applicable ; ### access permits and mutually agreed terms , where applicable ;


### obtain a proper access permit , establish mutually agreed terms , or discontinue the use where it appears that access was not in accordance with applicable access and benefit - sharing legislation or regulatory requirements . ### obtain a proper access permit and establish mutually agreed terms where it appears that access was not in accordance with applicable access and benefit - sharing legislation or regulatory requirements .


### the checks referred to in paragraph 1 of this article shall be conducted in accordance with a periodically reviewed plan following a risk - based approach . when developing this risk - based approach , member states shall consider that the implementation by a user of a best practice recognised under article 8 of this regulation or under article 20 of the nagoya protocol reduces that user ' s risk of non - compliance . ### the checks referred to in paragraph 1 of this article shall be conducted in accordance with a periodically reviewed plan following a risk - based approach , of which the key principles shall be laid down by the commission in accordance with the procedure referred to in article 15 . such an approach shall take into account that the implementation by a user of a best practice recognised under article 8 of this regulation or under article 20 of the nagoya protocol reduces that user ' s risk of non - compliance .


### the checks referred to in paragraph 1 shall include at least : ### the checks referred to in paragraph 1 shall include :


### the competent authorities shall exchange information on serious shortcomings detected through checks referred to in article 9 and on the types of penalties imposed in accordance with article 11 with the competent authorities of other member states and with the commission . ### the competent authorities shall exchange information on the organization of their checking system for monitoring user compliance with this regulation and on serious shortcomings detected through checks referred to in article 9 and on the types of penalties imposed in accordance with article 11 with the competent authorities of other member states and with the commission .


### a union platform on access to genetic resources and traditional knowledge associated with genetic resources is hereby established . ### a union platform on access to genetic resources and traditional knowledge associated with genetic resources is hereby established . member states which envisage adopting access rules as regards their genetic resources shall first conduct an impact assessment of these rules and submit the result of this assessment to the union platform for consideration pursuant to the procedure laid down in paragraph 5 of this article .


### the union platform shall contribute to the streamlining of access conditions at union level by discussing related issues , including the design and performances of access regimes established in member states , simplified access for non - commercial research , access practices of collections in the union , access of union stakeholders in third countries and the sharing of best practices . ### the union platform shall contribute to the streamlining of access conditions at union level by discussing related issues , including the design and performances of access regimes established in member states , simplified access for non - commercial research , access practices of collections in the union , access of union stakeholders in third countries and the sharing of best practices . in particular , the platform should advocate that where competent authorities leave requests for access unanswered , the due diligence obligation shall be deemed to be fulfilled and access should be without any further obligations .


### every ten years after its first report the commission shall , on the basis of reporting on and experience with the application of this regulation , review the functioning and effectiveness of this regulation . in its reporting the commission shall in particular consider the administrative consequences for public research institutions , small or medium - sized enterprises and micro - enterprises . it shall also consider the need for further union action on access to genetic resources and traditional knowledge associated with genetic resources . ### every ten years after its first report the commission shall , on the basis of reporting on and experience with the application of this regulation , review the functioning and effectiveness of this regulation . in its reporting the commission shall in particular consider the administrative consequences for specific sectors , public research institutions , small or medium - sized enterprises and micro - enterprises . it shall also consider the need for further union action on access to genetic resources and traditional knowledge associated with genetic resources .


### when conducting a border surveillance operation at sea , a situation may occur where it will be necessary to render assistance to persons found in distress . in accordance with international law , every state must require the master of a ship flying its flag , in so far as he can do so without serious danger to the ship , the crew or the passengers , to render assistance to any person found at sea in danger of being lost and to proceed with all possible speed to the rescue of persons in distress . such assistance should be provided regardless of the nationality or status of the persons to be assisted or of the circumstances in which they are found . ### when conducting a border surveillance operation at sea , a situation may occur where it will be necessary to render assistance to persons found in distress . in accordance with international law , every state must require the master of a ship flying its flag , in so far as he can do so without serious danger to the ship , the crew or the passengers , to render assistance to any person found at sea in danger of being lost and to proceed with all possible speed to the rescue of persons in distress . such assistance must be provided regardless of the nationality or status of the persons to be assisted or of the circumstances in which they are found .


### that obligation should be carried out by member states in accordance with the applicable provisions of international instruments governing search and rescue situations and in accordance with the requirements concerning the protection of fundamental rights . this regulation should not affect the responsibilities of search and rescue authorities , including for ensuring that coordination and cooperation is carried out in such a way that the persons rescued can be delivered to a port or a place of safety . ### that obligation must be carried out by member states in accordance with the applicable provisions of international instruments governing search and rescue situations and in accordance with the requirements concerning the protection of fundamental rights . this regulation does not affect the responsibilities of search and rescue authorities , including for ensuring that coordination and cooperation is carried out in such a way that the persons rescued can be delivered to a port or a place of safety .


### border guards participating in a sea operation shall be trained with regard to relevant provisions of fundamental rights , refugee law and the international legal regime of search and rescue . ### border guards participating in a sea operation shall be trained with regard to relevant provisions of fundamental rights , refugee law and the international legal regime of search and rescue and provided specialised practical training in on - the - spot assistance to people in distress , particularly the provision of humanitarian assistance and emergency medical care .


### whilst the directive already provides for detailed obligations for member states to exchange information , such obligations should be reinforced . member states should not only react to request for information but also alert other member states in a proactive manner . such alert system should be similar to that of directive 2006 / 123 / ec . a specific alert mechanism is however necessary for health professionals benefiting from automatic recognition under directive 2005 / 36 / ec . this should also apply to veterinary surgeons unless the member states have already triggered the alert mechanism provided for in directive 2006 / 123 / ec . all member states should be alerted if a professional due to a disciplinary action or criminal conviction is no longer entitled to move to another member state . this alert should be activated through the imi regardless of whether the professional has exercised any of the rights under directive 2005 / 36 / ec or of whether he has applied for recognition of his professional qualifications through the issuance of a european professional card or through any other method provided for by that directive . the alert procedure should comply with union law on the protection of personal data and other fundamental rights . ### whilst the directive already provides for detailed obligations for member states to exchange information , such obligations should be reinforced . member states should not only react to request for information but also alert other member states in a proactive manner . such alert system should be similar to that of directive 2006 / 123 / ec . a specific alert mechanism is however necessary for health professionals benefiting from automatic recognition under directive 2005 / 36 / ec . this should also apply to veterinary surgeons unless the member states have already triggered the alert mechanism provided for in directive 2006 / 123 / ec . all member states should be alerted if a professional due to a disciplinary action , legal sanction or criminal conviction is no longer entitled to practice the profession , or when a professional has used fraudulent or false qualifications or supporting information when applying for recognition . this alert should be activated through the imi regardless of whether the professional has exercised any of the rights under directive 2005 / 36 / ec or of whether he has applied for recognition of his professional qualifications through the issuance of a european professional card or through any other method provided for by that directive . the alert procedure should comply with union law on the protection of personal data and other fundamental rights .


### there are significant differences in the national rules governing the functioning of collecting societies , in particular as regards their transparency and accountability towards their members and rightholders . beyond the difficulties non - domestic rightholders face when exercising their rights and the too often poor financial management of the revenues collected , problems with the functioning of collecting societies lead to inefficiencies in the exploitation of copyright and related rights across the internal market to the detriment of the members of collecting societies , rightholders and users alike . these difficulties do not arise in the functioning of independent rights management service providers who act as agents for rightholders for the management of their rights on a commercial basis and in which rightholders do not exercise membership rights . ### there are significant differences in the national rules governing the functioning of collecting societies , in particular as regards their transparency and accountability towards their members , rightholders and users . beyond the difficulties non - domestic rightholders face when exercising their rights and the too often poor financial management of the revenues collected , problems with the functioning of collecting societies lead to inefficiencies in the exploitation of copyright and related rights across the internal market to the detriment of the members of collecting societies , rightholders and users alike .


### the protection of the interests of the members of collecting societies , rightholders and third parties requires that the laws of the member states related to copyright management and multi - territorial licensing for online rights in musical works be coordinated with a view to having equivalent safeguards throughout the union . accordingly , the directive is based on article 50 of the treaty . ### the protection of the interests of the members of collecting societies , rightholders and third parties requires that the laws of the member states related to copyright management and multi - territorial licensing for online rights in musical works be coordinated with a view to having equivalent safeguards throughout the union .


### 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 rights1 , provided the collecting society already manages such rights . this implies that rightholders can easily withdraw their 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 . collective management organisations should inform rightholders of this choice and allow them to exercise it as easily as possible . finally , given that direct licensing between users and rightholders plays a major role in some creative sectors and facilitates the development of innovative services , this directive should not prejudice the possibilities of rightholders to manage their rights individually , including for non - commercial uses . __________________ 1 the reference to ‘ categories of rights’ is to be deleted throughout the text .


### 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 receive services for collective management of copyright and related rights across national borders entails that rightholders are able to freely choose the collective management organisation 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 collective management organisation already manages such rights or categories of rights . this implies that rightholders can easily withdraw their rights or categories of rights from a collective management organisation and entrust or transfer all or part of them to another collective management organisation or another entity irrespective of the member state of residence or the nationality of either the collective management organisation or the rightholder . collective management organisations 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 . collective management organisations 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 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 not prejudice the possibilities of rightholders to manage their rights individually , including for non - commercial uses or placement in the public domain .


### 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 collective management organisation 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 that collective management organisation already manages such rights or categories of rights . this implies that rightholders can easily withdraw their rights or categories of rights from a collective management organisation and entrust or transfer all or part of them to another collective management organisation or another entity irrespective of the member state of residence or the nationality of either the collective management organisation or the rightholder . collective management organisations 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 . collective management organisations 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 .


### 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 collective management organisation , or another society . it is therefore important that collective management organisations exercise the utmost diligence , with maximum efficiency , 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 . data on the use of the rights managed by collective management organisations should also be provided by rightholders and users as quickly as possible , and with due care , and verified by those 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 organisation ' s 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 collective management organisation should be managed in accordance with criteria which would oblige the organisation to act prudently , while allowing it 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 . it is also appropriate to provide for the approval by members of collective management organisations 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 . ### 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 . as the collective management of rights by collecting societies is not a profit - making activity , these organisations should opt for an asset allocation that is suitable in terms of its precise nature and duration , and avoids any exposure to risk of rights revenue . 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 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 and transparent 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 collecting society to opt for a secure and profitable asset allocation that prevents 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 .


### fair commercial terms in licensing are particularly important to ensure that users can license the works and other protected subject - matter for which a collecting society represents rights and to ensure the remuneration of rightholders . collecting societies and users should therefore conduct licensing negotiations in good faith and apply tariffs determined on the basis of objective criteria . ### fair commercial terms in licensing are particularly important to ensure that users can license the works and other protected subject - matter for which a collecting society represents rights and to ensure the remuneration of rightholders . collecting societies and users should therefore conduct licensing negotiations in good faith and apply tariffs determined on the basis of objective and non - discriminatory criteria .


### while the internet knows no borders , the online market for music services in the eu is still fragmented , and a single market has still not been fully achieved . the complexity and difficulty associated with the collective management of rights in europe has , in a number of instances , exacerbated the fragmentation of the european digital market for online music services . this situation comes in stark contrast to the fast growing demand of consumers for access to digital content and associated innovative services , including across national borders . ### while the internet knows no borders , the online market for music services in the eu is still fragmented , and a single market has still not been fully achieved . the complexity and difficulty associated with the collective management of rights in europe has , in a number of instances , exacerbated the fragmentation of the european digital market for online music services . this situation comes in stark contrast to the fast growing demand of consumers for access to legally available digital content and associated innovative services , including across national borders .


### commission recommendation 2005 / 737 / ec promoted a new regulatory environment better suited to the management , at union level , of copyright and related rights for the provision of legitimate online music services . it recognised that in an era of online exploitation of musical works , commercial users need a licensing policy that corresponds to the ubiquity of the online environment and which is multi - territorial . however , the recommendation , due to its voluntary nature , has not been sufficient to encourage the widespread multi - territorial licensing of online rights in musical works and to address the specific demands of multi - territorial licensing . ### commission recommendation 2005 / 737 / ec promoted a new regulatory environment for the management , at union level , of copyright and related rights for the provision of legitimate online music services . it recognised that in an era of online exploitation of musical works , commercial users need a licensing policy that corresponds to the ubiquity of the online environment and which is multi - territorial . however , the recommendation has not been sufficient to encourage the widespread multi - territorial licensing of online rights in musical works and to address the specific demands of multi - territorial licensing .


### 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 , thus reducing the number of licences a user needs to operate a multi - territorial service and enabling them to be issued more efficiently . 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 .


### to ensure that the data on the music repertoire they process is as accurate as possible , collecting societies granting multi - territorial licences of musical works should be required to update their databases continuously and without delay . they should establish easily accessible procedures to enable rightholders and other collecting societies whose repertoire they may represent to inform them about any inaccuracy that the collecting societies databases may contain in respect of works they own or control , including rights – in whole or in part – and member states for which they have mandated the relevant collecting society to act . they should also have the capacity to process electronically the registration of works and authorisations to manage rights . given the importance of information automation for the fast and effective processing of data , collecting societies should provide for the use of electronic means for the structured communication of that information by rightholders . collecting societies should , as far as possible , ensure that such electronic means take into account the relevant industry standards or practices developed at international level or at the level of the union . ### to ensure that the data on the music repertoire they process is as accurate as possible , collecting societies granting multi - territorial licences of musical works should be required to update their databases continuously and without delay . they should establish easily accessible procedures to enable rightholders , other collecting societies whose repertoire they may represent , users and consumers to inform them about any inaccuracy that the collecting societies databases may contain in respect of works they own or control , including rights – in whole or in part – and member states for which they have mandated the relevant collecting society to act . they should also have the capacity to process electronically the registration of works and authorisations to manage rights . given the importance of information automation for the fast and effective processing of data , collecting societies should provide for the use of electronic means for the structured communication of that information by rightholders . collecting societies should , as far as possible , ensure that such electronic means take into account the relevant industry standards or practices developed at international level or at the level of the union .


### to ensure that the data on the music repertoire they process is as accurate as possible , collecting societies granting multi - territorial licences of musical works should be required to update their databases continuously and without delay . they should establish easily accessible procedures to enable rightholders and other collecting societies whose repertoire they may represent to inform them about any inaccuracy that the collecting societies databases may contain in respect of works they own or control , including rights – in whole or in part – and member states for which they have mandated the relevant collecting society to act . they should also have the capacity to process electronically the registration of works and authorisations to manage rights . given the importance of information automation for the fast and effective processing of data , collecting societies should provide for the use of electronic means for the structured communication of that information by rightholders . collecting societies should , as far as possible , ensure that such electronic means take into account the relevant industry standards or practices developed at international level or at the level of the union . ### to ensure that the data on the music repertoire they process is as accurate as possible , collecting societies granting multi - territorial licences of musical works should be required to update their databases continuously and without delay . they should establish easily accessible procedures to enable rightholders and other collecting societies whose repertoire they may represent to inform them about any inaccuracy that the collecting societies databases may contain in respect of works they own or control , including rights – in whole or in part – and member states for which they have mandated the relevant collecting society to act . they should also have the capacity to process electronically the registration of works and authorisations to manage rights . given the importance of information automation for the fast and effective processing of data , collecting societies should provide for the use of electronic means for the structured communication of information – confined to the information required for this transaction – by rightholders . collecting societies should , as far as possible , ensure that such electronic means take into account the relevant industry standards or practices developed at international level or at the level of the union .


### digital technology allows the automated monitoring by collecting societies of the use by the licensee of the licensed musical works and facilitates invoicing . industry standards for music usage , sales reporting and invoicing are instrumental to improve the efficiency in the exchange of data between collecting societies and users . the monitoring of the use of licences should respect fundamental rights , namely the right to respect of private and family life and data protection . to ensure that these efficiency gains result in faster financial processing and ultimately in earlier payments to rightholders , collecting societies should be required to invoice service providers and to distribute amounts due to rightholders without delay . for this requirement to be effective , it is necessary that licensees make every effort to provide collecting societies with accurate and timely reports on the use of the works . collecting societies should not be required to accept users ' reports in proprietary formats when widely used industry standards are available . ### digital technology allows the automated monitoring by collecting societies of the use by the licensee of the licensed musical works and facilitates invoicing . industry standards for music usage , sales reporting and invoicing are instrumental to improve the efficiency in the exchange of data between collecting societies and users . the monitoring of the use of licences should respect fundamental rights , namely the right to respect of private and family life and data protection . to ensure that these efficiency gains result in faster financial processing and ultimately in earlier payments to rightholders , collecting societies should be required to establish cooperation procedures among themselves so as to ensure that each user receives a single joint invoice and to distribute amounts due to rightholders without delay . for this requirement to be effective , it is necessary that licensees make every effort to provide collecting societies with accurate and timely reports on the use of the works . collecting societies should not be required to accept users ' reports in proprietary formats when widely used industry standards are available .