### aggregating of different music repertoires for multi - territorial licensing facilitates the licensing process and , by making all repertoires accessible to the market for multi - territorial licensing , enhances cultural diversity and contributes to reducing the number of transactions an online service provider needs in order to offer that service . that aggregation of repertoires should facilitate the development of new online services , and should also result in a reduction of transaction costs that are passed on to consumers . therefore , collecting societies that are not willing to or are not able to grant multi - territorial licences directly in their own music repertoire should be encouraged to mandate other collecting societies voluntarily with the task of managing their repertoire under non - discriminatory terms . where the request to mandate takes place , the requested collecting society should be required to accept , provided that it aggregates repertoire and offers or grants multi - territorial licences . in addition , exclusivity in agreements on multi - territorial licenses would restrict the choices available to users seeking multi - territorial licenses and also restrict the choices available to collecting societies seeking administration services for their repertoire on a multi - territorial basis . therefore , all representation agreements between collecting societies providing for multi - territorial licensing should be concluded on a non - exclusive basis . ### aggregating of different music repertoires for multi - territorial licensing facilitates the licensing process and , by making all repertoires accessible to the market for multi - territorial licensing , enhances cultural diversity and contributes to reducing the number of transactions an online service provider needs in order to offer that service . that aggregation of repertoires should facilitate the development of new online services , and should also result in a reduction of transaction costs that are passed on to consumers . therefore , collecting societies that are not willing to or are not able to grant multi - territorial licences directly in their own music repertoire should mandate other collecting societies voluntarily with the task of managing their repertoire under non - discriminatory terms . where the request to mandate takes place , the requested collecting society should be required to accept , provided that it aggregates repertoire and offers or grants multi - territorial licences . in addition , exclusivity in agreements on multi - territorial licenses would restrict the choices available to users seeking multi - territorial licenses and also restrict the choices available to collecting societies seeking administration services for their repertoire on a multi - territorial basis . therefore , all representation agreements between collecting societies providing for multi - territorial licensing should be concluded on a non - exclusive basis .


### moreover , member states should establish appropriate procedures by means of which it will be possible to make complaints against collecting societies who do not comply with the law and to ensure that , where appropriate , effective , proportionate and dissuasive sanctions are imposed . member states should determine which authorities should be responsible for administering the complaints procedures and sanctions . to ensure that the requirements for multi - territorial licensing are complied with , specific provisions on the monitoring of their implementation should be laid down . the competent authorities of the member states and the european commission should cooperate with each other to this end . ### moreover , member states should establish appropriate procedures by means of which it will be possible to make complaints against collecting societies who do not comply with the law and to ensure that , where appropriate , effective , proportionate and dissuasive measures and sanctions are imposed . member states should determine which authorities should be responsible for administering the complaints procedures and sanctions . to ensure that the requirements for multi - territorial licensing are complied with , specific provisions on the monitoring of their implementation should be laid down . the competent authorities of the member states and the european commission should cooperate with each other to this end .


### this directive lays down requirements necessary to ensure the proper functioning of the management of copyright and related rights by collecting societies . it also lays down requirements for multi - territorial licensing by collecting societies of authors ' rights in musical works for online use . ### this directive lays down requirements necessary to ensure the proper , efficient , accurate , accountable and transparent functioning of the management of copyright and related rights by collecting societies . it also lays down requirements for multi - territorial licensing by collecting societies of authors ' rights in musical works for online use .


### title iii and articles 36 and 40 of title iv shall only apply to those collecting societies managing authors ' rights in musical works for online use on a multi - territorial basis . ### title iii and articles 36 and 40 of title iv shall only apply to those collecting societies managing authors ' rights in musical works for online use on a multi - territorial and multi - repertoire basis .


### ' rightholder ' means any natural person or legal entity other than a collecting society that holds a copyright or related right or who under an agreement for the exploitation of rights is entitled to a share of the rights revenue from any of the rights managed by the collecting society ; ### ' rightholder ' means any natural person or legal entity other than a collecting society that holds a copyright or related right ;


### ' director ' means any individual managing director , any member of the administrative board , the management or the supervisory board of a collecting society ; ### ' director ' means any individual managing director , or person with management responsibilities within the society that actually manages the activities of a collecting society ;


### ' multi - territorial licence ' means a licence which covers the territory of more than one member state ; ### ' multi - territorial licence ' means a licence for an online music service which covers the territory of more than one member state ;


### rightholders shall have the right to terminate the authorisation to manage rights , categories of rights or types of works and other subject matter granted to a collecting society or to withdraw from a collecting society any of the rights or categories of rights or types of works and other subject matter of their choice , for the member states of their choice , upon serving reasonable notice not exceeding six months . the collecting society may decide that such termination or withdrawal will take effect only at the middle and at the end of the financial year , whichever is sooner after the expiry of the notice period . ### rightholders shall have the right to terminate the authorisation to manage rights , categories of rights or types of works and other subject matter granted to a collective management organisations or to withdraw from a collective management organisations any of the rights or categories of rights or types of works and other subject matter of their choice , at any time during the term of the authorisation , for the member states of their choice , upon serving reasonable notice not exceeding six months . the collective management organisation may decide that such termination or withdrawal will take effect only at the middle and at the end of the financial year , whichever is sooner after the expiry of the notice period .


### collecting societies shall not restrict the exercise of rights provided under paragraphs 3 and 4 by requiring that the management of rights or categories of rights or type of works and other subject matter which are subject to the termination or the withdrawal are entrusted to another collecting society . ### collecting societies shall not restrict the exercise of rights provided under paragraphs 3 and 4 by requiring that the management of rights or categories of rights or type of works and other subject matter which are subject to the termination or the withdrawal are entrusted to another collecting society . these provisions shall not apply to collecting societies which administer the rights of authors in the audiovisual field in respect of which member states may possibly envisage provisions on suitable conditions for withdrawal .


### member states shall ensure that the rightholder gives express consent specifically for each right or category of rights or type of works and other subject matter which that rightholder authorises the collecting society to manage and that any such consent is evidenced in documentary form . ### member states shall ensure that the rightholder gives express consent specifically for each right or category of rights or type of works and other subject matter which that rightholder authorises the collecting society to manage and that any such consent is evidenced in documentary form with the exception of models of non - voluntary collective management .


### member states shall ensure that the rightholder gives express consent specifically for each right or category of rights or type of works and other subject matter which that rightholder authorises the collecting society to manage and that any such consent is evidenced in documentary form . ### member states shall ensure that the rightholder gives express consent specifically for each right or category of rights or type of works and other subject matter which that rightholder authorises the collecting society to manage and that any such consent is evidenced in documentary form . this paragraph does not apply to the arrangements in the member states concerning the administration of rights through extended collective licenses , legal presumptions of representation or transfer , mandatory collective management or similar arrangements or a combination of them .


### the general meeting shall have the power to decide on the appointment or dismissal of the directors and approve their remuneration and other benefits such as non - monetary benefits , pension awards , right to other awards and rights to severance pay . ### the general meeting shall have the power to decide on the appointment or dismissal of the administrators and directors and approve their remuneration and other benefits such as non - monetary benefits , pension awards , right to other awards and rights to severance pay .


### the general meeting shall have the power to decide on the appointment or dismissal of the directors and approve their remuneration and other benefits such as non - monetary benefits , pension awards , right to other awards and rights to severance pay . ### the general meeting shall have the power to decide on the appointment or dismissal of the directors , monitor their general performance and approve their remuneration and other benefits such as non - monetary benefits , pension awards , right to other awards and rights to severance pay .


### the general meeting shall not decide on the appointment or dismissal of members of the management board or the individual managing director where the supervisory board has the power to appoint or dismiss them . ### the general meeting shall not decide on the appointment or dismissal of the individual managing director where the body responsible for exercising the supervisory function has the power to appoint or dismiss them .


### the policy on the distribution of the amounts due to rightholders , except where the general meeting decides to delegate this decision to the body exercising the supervisory function ; ### the policy on the distribution of the amounts due to rightholders , except where the general meeting decides to delegate this decision to the management board or to the body exercising the supervisory function ;


### member states shall ensure that the collecting society establishes a supervisory function responsible for continuously monitoring the activities and the performance of the duties of the persons entrusted with managerial responsibilities in the collecting society . there shall be fair and balanced representation of the members of the collecting society in the body exercising this function in order to ensure their effective participation . ### member states shall ensure that , if it does not already have one , the collecting society establishes a supervisory function , in accordance with the criteria laid down in article 3 , responsible for continuously monitoring the activities and the performance of the duties of the persons entrusted with managerial responsibilities in the collecting society . there shall be fair and balanced representation of the members of the collecting society in the body exercising this function in order to ensure their effective participation .


### where the amounts due to rightholders cannot be distributed , after five years from the end of the financial year in which the collection of the rights revenue occurred , and provided that the collecting society has taken all necessary measures to identify and locate the rightholders , the collecting society shall decide on the use of the amounts concerned in accordance with article 7 , without prejudice to the right of the rightholder to claim such amounts from the collecting society . ### where the amounts due to rightholders cannot be distributed , after three years from the end of the financial year in which the collection of the rights revenue occurred , or earlier where national legislation provides for a shorter period , and provided that the collective management organisation has taken all necessary measures to identify and locate the rightholders , the collective management organisation shall decide on the use of the amounts concerned in accordance with article 7 , without prejudice to the right of the rightholder to claim such amounts from the collective management organisation .


### where the amounts due to rightholders cannot be distributed , after five years from the end of the financial year in which the collection of the rights revenue occurred , and provided that the collecting society has taken all necessary measures to identify and locate the rightholders , the collecting society shall decide on the use of the amounts concerned in accordance with article 7 , without prejudice to the right of the rightholder to claim such amounts from the collecting society . ### where the amounts due to rightholders cannot be distributed , after three years from the end of the financial year in which the collection of the rights revenue occurred , and provided that the collecting society has taken all necessary measures to identify and locate the rightholders , the general meeting of members shall decide on the use of the amounts concerned in accordance with article 7 .


### for the purposes of paragraph 2 , measures to identify and locate rightholders shall include verifying membership records and making available to the members of the collecting society as well as to the public a list of works and other subject matter for which one or more rightholders have not been identified or located . ### for the purposes of paragraph 2 , the collecting society shall put in place effective measures to identify and locate rightholders while ensuring appropriate safeguards to deter fraud . such measures shall include verifying membership records and making available regularly and at least annually to the members of the collecting society as well as to the public a list of works and other subject matter for which one or more rightholders have not been identified or located .


### licensing terms shall be based on objective criteria , in particular in relation to tariffs . ### licensing terms shall be based on objective , non - discriminatory criteria , in particular in relation to tariffs .


### tariffs for exclusive rights shall reflect the economic value of the rights in trade and of the service provided by the collecting society . ### tariffs for exclusive rights and rights to remuneration shall reflect the economic value of the use of the rights in trade and the economic value of the service provided by the collective management organisation .


### a collecting society shall monitor the use of online rights in musical works which it represents , in whole or in part , by online music service providers to which it has granted a multi - territorial licence for those rights . ### the member states shall ensure that the collective management organisation monitors the use of online rights in musical works which it represents , in whole or in part , by online music service providers to which it has granted a multi - territorial licence for those rights .


### the mandating collecting society shall inform its members of the duration of the agreement , the costs of the services provided by the other collecting society and any other significant terms of the agreement . ### the mandating collective management organisation shall inform the rightholders of the duration of the agreement , the costs of the services provided by the other collective management organisation and any other significant terms of the agreement .


### the requested collecting society shall accept such a request if it is already granting or offering to grant multi - territorial licences for the same category of online rights in musical works in the repertoire of one or more other collecting societies . ### the requested collecting society shall accept such a request within 1 month after receipt , if it is already granting or offering to grant multi - territorial licences for the same category of online rights in musical works in the repertoire of one or more other collecting societies .


### the management fee for the service provided by the requested collecting society to the requesting society shall not exceed the costs reasonably incurred by the requested collecting society in managing the repertoire of the requesting collecting society and a reasonable profit margin . ### the management fee for the service provided by the requested collecting society to the requesting society shall not exceed the costs reasonably incurred by the requested collecting society in managing the repertoire of the requesting collecting society and a normal market profit margin regarded as economically justifiable by all parties .


### the requesting collecting society shall make available to the requested collecting society the information on its own music repertoire required for the provision of multi - territorial licences for online rights in musical works . where information is insufficient or provided in a form that does not allow the requested collecting society to meet the requirements of this title , the requested collecting society shall be entitled to charge for the reasonable costs incurred in meeting such requirements or to exclude those works for which information is insufficient or cannot be used . ### the requesting collective management organisation shall make available to the requested collective management organisation , in electronic form , the information on its own music repertoire required for the provision of multi - territorial licences for online rights in musical works . where information is insufficient or provided in a form that does not allow the requested collective management organisation to meet the requirements of this title , the requested collective management organisation shall be entitled to charge for the reasonable costs incurred in meeting such requirements or to exclude those works for which information is insufficient or cannot be used .


### member states shall ensure that where a collecting society does not grant or offer to grant multi - territorial licences in online rights in musical works or does not allow another collecting society to represent those rights for such purpose by one year after the transposition date of this directive , rightholders who have authorised that collecting society to represent their online rights in musical works can grant multi - territorial licences in their online rights in musical works themselves or through any collecting society complying with the provisions of this title or any other party they authorise . the collecting society which does not grant or offer to grant multi - territorial licences shall continue to grant or offer to grant licences for the online rights in musical works of such rightholders for their use in the territory of the member state where the collecting society is established , unless the rightholders terminate their authorisation to manage them . ### member states shall ensure that where a collective management organisation does not grant or offer to grant multi - territorial licences in online rights in musical works or does not allow another collective management organisation to represent those rights for such purpose by one year after the transposition date of this directive , rightholders who have authorised that collective management organisation to represent their online rights in musical works can grant multi - territorial licences in their online rights in musical works themselves or through any collective management organisation complying with the provisions of this title or any other party they authorise . the rightholders shall notify the affected collective management organisation of their decision without delay . the collective management organisation which does not grant or offer to grant multi - territorial licences shall continue to grant or offer to grant licences for the online rights in musical works of such rightholders for their use in the territory of the member state where the collecting society is established , unless the rightholders terminate their authorisation to manage them .


### member states shall ensure that disputes between collecting societies and users concerning existing and proposed licensing conditions , tariffs , and any refusal to grant a licence can be submitted to a court , and if appropriate , to an independent and impartial dispute resolution body . ### member states shall ensure that disputes between collecting societies and users concerning existing or proposed licensing conditions , tariffs or any refusal to grant a licence for example can be submitted to a court , and if appropriate , to an independent and impartial dispute resolution body . however , if the law of the member state concerned so permits , priority shall be given to mediation .


### member states shall take all the necessary measures to ensure that the complaints procedures referred to in paragraph 1 are administered by the competent authorities empowered to ensure compliance with the provisions of national law adopted pursuant to the requirements laid down in this directive . ### member states shall ensure that compliance by the collective management organisations established on their territory with the provisions of national law adopted and implemented pursuant to the requirements laid down in this directive is monitored by the authorities empowered to do so .


### member states shall provide that their respective competent authorities may take appropriate administrative sanctions and measures where the provisions of the national provisions adopted in the implementation of this directive have not been complied with , and shall ensure that they are applied . the sanctions and measures shall be effective , proportionate and dissuasive . ### member states shall ensure that competent authorities have the power to impose appropriate sanctions and to take appropriate measures where the provisions of national law adopted in the implementation of this directive have not been complied with . these sanctions and measures shall be effective , proportionate and dissuasive .


### the commission shall assess the information provided on the fulfilment of ex ante conditionalities in the framework of its assessment of the partnership contract and programmes . it may decide , when adopting a programme , to suspend all or part of interim payments to the programme pending the satisfactory completion of actions to fulfil an ex ante conditionality . the failure to complete actions to fulfil an ex ante conditionality by the deadline set out in the programme shall constitute a basis for suspending payments by the commission . ### the commission shall assess the information provided on the fulfilment of ex ante conditionalities in the framework of its assessment of the partnership contract and programmes . it may decide , when adopting a programme , to suspend all or part of interim payments to the programme pending the satisfactory completion of actions to fulfil an ex ante conditionality . it shall take into account in its decision - making process the economic and social impact of such a decision . the failure to complete actions to fulfil an ex ante conditionality by the deadline set out in the programme shall constitute a basis for suspending payments by the commission .


### local development strategies shall be selected by a committee set up for this purpose by the relevant managing authorities of the programmes . ### local development strategies shall be selected by a committee set up for this purpose by the relevant managing authorities of the programmes , on which the partners referred to in article 5 are represented .


### lump sums not exceeding eur 100 000 of public contribution ; ### lump sums not exceeding eur 200 . 000 of public contribution ;


### ' investment for growth and jobs ' in member states and regions , to be supported by all the funds ; and ### ' investment for growth , jobs and social inclusion ' in member states and regions , to be supported by all the funds ; and


### the structural funds shall support the investment for growth and jobs goal in all regions corresponding to level 2 of the common classification of territorial units for statistics established by regulation no 1059 / 2003 . ### the structural funds shall support the investment for growth , jobs and social inclusion goal in all regions corresponding to level 2 of the common classification of territorial units for statistics established by regulation no 1059 / 2003 .


### resources for the investment for growth and jobs goal shall be allocated among the following three categories of nuts level 2 regions : ### resources for the investment for growth , jobs and social inclusion goal shall be allocated among the following three categories of nuts level 2 regions :


### 0 , 2% of the erdf resources for the investment for growth and jobs goal shall be allocated to innovative actions at the initiative of the commission in the area of sustainable urban development . ### 1% of the erdf resources for the investment for growth and jobs goal shall be allocated to innovative actions at the initiative of the commission in the area of sustainable urban development .


### the funds may jointly provide support for operational programmes under the investment for growth and jobs goal . ### the funds may jointly provide support for operational programmes under the investment for growth , jobs and social inclusion goal .


### progress in the implementation of measures to address the specific needs of geographical areas most affected by poverty or of target groups at highest risk of discrimination or exclusion , with special regard to marginalised communities including , where appropriate , the financial resources used ; ### progress in the implementation of measures to address the specific needs of geographical areas most affected by poverty or of target groups at highest risk of discrimination or exclusion , with special regard to marginalised communities including the financial resources used ;


### given the high levels of cod discards that have been observed during the period of implementation of the plan , it is necessary that member states take appropriate action to minimise discards , inter alia by allocating their fishing opportunities amongst vessels in such a way as to match quotas to expected catches to the greatest degree possible . ### given the high levels of cod discards that have been observed during the period of implementation of the plan , it is necessary that member states take appropriate action to minimise and , where possible , eliminate discards , inter alia by allocating their fishing opportunities amongst vessels in such a way as to match quotas to expected catches to the greatest degree possible .


### one of the greatest challenges of the cultural and creative sectors , especially small operators including small and medium - sized enterprises and micro - enterprises , is their difficulty accessing the funds they need to finance their activities , grow , maintain their competitiveness or internationalise . while this is a common challenge for smes in general , the situation is significantly more difficult in the cultural and creative sectors due to the intangible nature of many of their assets , the prototype profile of their activities , the lack of investment - readiness of the operators in the sectors as well as the insufficient investor - readiness of financial institutions . ### one of the greatest challenges of the cultural and creative sectors , especially small operators including small and medium - sized enterprises and micro - enterprises , is their difficulty accessing the funds they need to finance their activities , grow , maintain their competitiveness or internationalise . while this is a common challenge for smes in general , the situation is significantly more difficult in the cultural and creative sectors due to the intangible nature of many of their assets , the prototype profile of their activities and their intrinsic need to take risk as well as to experiment in order to innovate , the lack of investment - readiness of the operators in the sectors as well as the insufficient investor - readiness of financial institutions .


### with regard to the implementation of the programme , the specific nature of the cultural and creative sectors should be taken into account , and particular care should be taken to ensure that administrative and financial procedures are simplified . ### with regard to the implementation of the programme , the specific nature of the cultural and creative sectors should be taken into account also by consulting the sector through appropriate channels , and particular care should be taken to ensure that administrative and financial procedures are simplified .


### the transnational character of its activities and their impact , which will complement national , international and other union programmes ; ### the transnational character of its activities and their impact , notably on knowledge sharing , which will complement national , international and other union programmes ;


### transnational cooperation stimulating more comprehensive , rapid and effective responses to global challenges and creating long - term systemic effects on the sectors ; ### transnational cooperation stimulating more comprehensive , rapid and effective responses to global challenges and innovation , and creating long - term systemic effects on the sectors ;


### to support transnational policy cooperation in order to foster policy development , innovation , audience building and new business models . ### to support transnational policy cooperation in order to foster policy development , innovation , audience building , new business models and entrepreneurial activity .


### ensuring product identification and the traceability of products throughout the entire supply chain helps to identify economic operators and to take effective corrective measures against unsafe products , such as targeted recalls . product identification and traceability thus ensure that consumers and economic operators obtain accurate information regarding unsafe products which enhances confidence in the market and avoids unnecessary disruption of trade . products should therefore bear information allowing their identification and the identification of the manufacturer and , if applicable , of the importer . manufacturers should also establish technical documentations regarding their products for which they may choose the most appropriate and cost - efficient way such as by electronic means . moreover , economic operators should be required to identify the operators who supplied them and to whom they supplied a product . directive 95 / 46 / ec of the european parliament and of the council of 24 october 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data is applicable to the processing of personal data for the purposes of this regulation . ### it is essential to ensure that all products placed on the eu market are safe so as to guarantee a high level of protection for consumers among others . stresses that the product identification , indication of origin and traceability of products throughout the entire supply chain will help to identify economic and to take effective corrective measures against unsafe products , such as targeted recalls . product identification and traceability thus ensure that consumers and economic operators obtain accurate information regarding unsafe products which enhances confidence in the market and avoids unnecessary disruption of trade . products should therefore bear information allowing their identification and the identification of the manufacturer and , if applicable , of the importer . manufacturers should also establish technical documentations regarding their products for which they may choose the most appropriate and cost - efficient way such as by electronic means . in this regard european parliament urges the commission to establish a public consumer product safety information database , to raise awareness of dangerous products across borders in the internal market . calls on the commission to allow product safety professionals , producers , trade and consumer organisations and national authorities to have access to all relevant information while ensuring the necessary confidentiality . moreover , economic operators should be required to identify the operators who supplied them and to whom they supplied a product . directive 95 / 46 / ec of the european parliament and of the council of 24 october 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data is applicable to the processing of personal data for the purposes of this regulation .


### member states should lay down rules on penalties applicable to infringements of this regulation and ensure that they are implemented . those penalties must be effective , proportionate and dissuasive . ### member states should lay down rules on penalties applicable to infringements of this regulation and ensure that they are implemented . it is vital that the penalties are harmonised in all member states , to avoid more importation and distribution in states where penalties are less strict than in others . those penalties must be proportionate regarding the quantity , the value of the good and the length of time it has been available on the market , as well as effective and deterrent .


### before placing a product on the market importers shall ensure that the product is compliant with the general safety requirement laid down in article 4 and that the manufacturer has complied with the requirements set out in article 8 , and . ### before placing a product on the market importers are subject to the same obligations as eu producers and shall thus ensure that the product is compliant with the general safety requirement laid down in article 4 and that the manufacturer complies with the requirements set out in article 8 , and .


### distributors who consider or have reason to believe that a product which they have made available on the market is not safe or is not in conformity with article 8 , and and article 10 and , as applicable , shall make sure that the corrective action necessary to bring that product into conformity is taken , to withdraw it or recall it , if appropriate . furthermore , where the product is not safe , distributors shall immediately inform the manufacturer or importer , as applicable as well as market surveillance authorities of the member states in which they made the product available to that effect , giving details , in particular , of the risk to health and safety and of any corrective action taken . ### distributors who consider or have reason to believe that a product which they have made available on the union or on - line market is not safe or is not in conformity with article 8 , and and article 10 and , as applicable , shall make sure that the corrective action necessary to bring that product into conformity is taken , to withdraw it or recall it . furthermore , where the product is not safe , distributors shall immediately inform the manufacturer or importer , as applicable as well as market surveillance authorities of the member states in which they made the product available to that effect , giving details , in particular , of the risk to health and safety and of any corrective action taken .


### the member states shall lay down the rules on penalties applicable to infringements of the provisions of this regulation and shall take all measures necessary to ensure that they are implemented . the penalties provided for must be effective , proportionate and dissuasive . member states shall notify those provisions to the commission by [ insert date - 3 months prior to the date of application of this regulation ] and shall notify it without delay of any subsequent amendment affecting them . ### the member states shall lay down the rules on penalties applicable to infringements of the provisions of this regulation and shall take all measures necessary to ensure that they are implemented . the penalties provided for must be effective , harmonised , proportionate and dissuasive . member states shall notify those provisions to the commission by [ insert date - 3 months prior to the date of application of this regulation ] and shall notify it without delay of any subsequent amendment affecting them .


### the executive board shall be composed of the chairperson of the management board , one representative of the commission to the management board and three other members appointed by the management board from among its members with the right to vote . the chairperson of the management board shall also be the chairperson of the executive board . the executive director shall take part in the meetings of the executive board , but shall not have the right to vote . ### the working group shall be composed of at least one representative of the commission to the management board and two members of the management board . the chairperson of the working group shall be appointed by the chairperson of the management board .


### all means of identification applied to one animal shall bear the same unique identification code , which makes it possible to identify the animal individually together with the holding on which it was born . ### all means of identification applied to one animal shall bear the same unique identification code , which makes it possible to identify the animal individually together with the holding on which it was born . by way of derogation , in cases where it is not possible for the two individual means of identification to bear the same unique identification code , the competent authority may , under its supervision , allow for the second means of identification to bear a different code provided that full traceability is ensured and the individual identification of the animal , including the holding on which it was born , is possible .


### in its communication on ' a digital agenda for europe ' , the first eu2020 flagship initiative adopted on 19 may 2010 , the commission stressed the importance of ict for ageing well , proposing in particular the reinforcement of the ambient assisted living joint programme . the digital agenda for europe also recommended taking concerted action to increase the digital competences of all europeans , including older persons , a group that is over - represented within the 150 million citizens , or about 30% of the total , who have never used the internet . ### in its communication on ' a digital agenda for europe ' , the first eu2020 flagship initiative adopted on 19 may 2010 , the commission stressed the importance of ict for ageing well , proposing in particular the reinforcement of the ambient assisted living joint programme . the digital agenda for europe also recommended taking concerted action to increase the digital competences of all europeans , including older persons , a group that is over - represented within the 150 million citizens , or about 30% of the total , who have never used the internet . in the coming years , investments should particularly be made in the infrastructure of the outermost regions , so that the opportunities presented by the digital strategy can be exploited in the areas where there is the greatest need for them , e . g . in the form of e - health services .


### a system of protection against electromagnetic fields should limit itself to a definition , free of excessive detail , of the objectives to be attained , the principles to be observed and the fundamental values to be applied , in order to enable member states to apply the minimum requirements in an equivalent manner . ### a system of protection against electromagnetic fields should limit itself to a definition , free of excessive detail , of the objectives to be attained , the principles to be observed and the fundamental values to be applied , in order to enable member states to apply the minimum requirements in an equivalent manner . furthermore , this protection system should be accompanied by more detailed and independent research to obtain scientific data on the short - and long - term effects , in particular the possible carcinogenic effects , of exposure to electromagnetic fields .


### safe working practices to minimise risks from exposure . ### safe working practices and equipment to minimise risks from exposure .


### in accordance with directive 85 / 337 / eec , as amended , which applies to exploration and exploitation of oil and gas activities , projects likely to have significant effects on the environment by virtue , inter alia , of their nature , size or location are made subject to an assessment with regard to their effects and a requirement for development consent . in line with directive 85 / 337 / eec when an activity is subject to development consent an effective public participation should be provided in accordance with the united nations economic commission for europe convention on access to information , public participation in decision - making and access to justice in environmental matters ### in accordance with directive 85 / 337 / eec , as amended , which applies to exploration and exploitation of oil and gas activities , projects likely to have significant effects on the environment by virtue , inter alia , of their nature , size or location are made subject to an assessment with regard to their effects and a requirement for development consent . in line with the århus convention and directive 85 / 337 / eec when an activity is subject to development consent an effective public participation should be provided in accordance with the united nations economic commission for europe convention on access to information , public participation in decision - making and access to justice in environmental matters . members of the public concerned should have access to justice in order to contribute to the protection of the right to live in an environment which is adequate for personal health and well - being .


### the serious environmental concerns relating to the arctic waters , a neighbouring marine environment of particular importance for the community , require special attention to ensure the environmental protection of the arctic in relation to any offshore activities , including exploration . ### the serious environmental concerns and vulnerability relating to the unique arctic waters , a neighbouring marine environment of particular importance for the community which plays an important role in mitigating climate change , require special attention to ensure the environmental protection of the arctic . as long as an effective response to any accident in the arctic conditions cannot be guaranteed , member states should refrain from authorising offshore activities , including exploration , in the area .


### in particular , when assessing the technical and financial capacity of the entities that apply for authorisation for offshore oil and gas activities , due account shall be taken of the risk , hazards and any other relevant information related to the area concerned and the particular stage of exploration and production operations and also of the applicants ‘ financial capacities , including any financial security and capacity to cover liabilities potentially deriving from offshore oil and gas activities in question , in particular liability for environmental damages . ### in particular , when assessing the technical and financial capacity of the entities that apply for authorisation for offshore oil and gas activities , due account shall be taken of the risk , hazards and any other relevant information related to the area concerned and the particular stage of exploration and production operations and also of the applicants ‘ financial capacities , including any financial security and capacity to cover all liabilities potentially deriving from offshore oil and gas activities in question , in particular liability for environmental damages . worldwide corporate responsibility regarding accidents or incidents in which the applicant was involved , including the transparency and effectiveness of any response measures shall also be taken into account .


### the information pursuant annex vi shall be made publicly available without a need for request pursuant to applicable provisions of union legislation on access to environmental information . ### the information under article 22 to 25 and annex vi shall be made publicly available by the competent authority without a need for request in accordance with directive 2003 / 4 / ec of the european parliament and of the council of 28 january 2003 on public access to environmental information .


### member states shall conduct thorough investigations of major accidents involving significant damage or involving major loss of assets . the report of the investigation shall include an assessment of the effectiveness of the competent authority ' s regulation of the installation concerned in the time preceding the accident and recommendations for adequate changes to the relevant regulatory practices where needed . ### member states shall conduct thorough investigations of major accidents involving significant damage or involving major loss of assets . the report of the investigation shall include an assessment of the effectiveness of the competent authority ' s oversight of the installation concerned in the time preceding the accident and recommendations for adequate changes to the relevant regulatory practices where needed .


### the commission , in close cooperation with the member states , shall promote cooperation with third countries that undertake offshore oil and gas operations in the same marine regions as member states including , where appropriate , within the framework of regional sea conventions . ### the commission , in close cooperation with the member states , shall take measures to ensure cooperation with third countries that undertake offshore oil and gas operations in the same marine regions as member states including , where appropriate , within the framework of regional sea conventions or other international cooperation mechanisms .


### member states shall prepare external emergency plans covering all offshore oil and gas installations and potentially affected areas within their jurisdiction . ### member states shall prepare external emergency response plans covering all offshore oil and gas installations or connected infrastructure and potentially affected areas within their jurisdiction . the external emergency response plans shall specify the role of operators in the external emergency response , and the operators ' liability regarding the costs of external emergency response .


### in the event of a major accident , or of an imminent threat thereof , which causes or is capable of causing transboundary effects , the member state under whose jurisdiction the emergency has occurred shall , without delay , notify the commission and those member states which may be affected by the emergency . ### in the event of a major accident , or of an imminent threat thereof , which causes or is capable of causing transboundary effects , the member state under whose jurisdiction the emergency has occurred shall , without delay , notify the commission and those member states or third countries which may be affected by the emergency .


### he is sufficiently independent of a management system which has , or has had , any responsibility for any aspect of a component in the independent scheme of verification or well examination so as to ensure he will be objective in carrying out his functions within the scheme ; ### he is independent of a management system which has , or has had , any responsibility for any aspect of a component in the independent scheme of verification or well examination so as to ensure he will be objective in carrying out his functions within the scheme ;


### an assessment of the availability of emergency response equipment and adequacy of procedures to effectively put it in use ; ### an assessment of the availability and sufficiency of emergency response equipment and adequacy of procedures to effectively put it in use , including oil spill response gap analysis where relevant ;


### a description of the equipment and the resources available ; ### a description of the equipment and the resources available , including for capping any potential spill ;


### arrangements that coordinate with the recovery arrangements described in the major hazards report for example as described in annex ii , part , and part to secure a good prospect of survival for persons on the installation during a major accident ; ### arrangements that coordinate with the recovery arrangements described in the major hazards report for example as described in annex ii , part , and part to secure a good prospect of survival for persons on the installation and minimise environmental damage during a major accident ;


### article 6 report on payments to governments member states shall require issuers active in the extractive or logging of primary forest industries , as defined in [ … ] to prepare , in accordance with chapter 9 of directive 2011 / . . . / eu of the european parliament and of the council , a report on payments made to governments on an annual basis . the report shall be made public at the latest six months after the end of each financial year and shall remain publicly available for at least five years . payments to governments shall be reported at consolidated level . ### article 6 report on payments to governments member states shall require all issuers to prepare , in accordance with chapter 9 of directive 2011 / . . . / eu of the european parliament and of the council , a report on payments made to governments and additional information on their financial activities in third countries on an annual basis as part of the annual financial statements . the report shall be made public at the latest six months after the end of each financial year and shall remain publicly available . payments to governments shall be reported at consolidated level .


### [ member states ] not using the possibility under paragraph 1 , [ may decide , before . . . , to make available as direct payments under regulation no 73 / 2009 and this regulation up to [ 15 ] % of the amount allocated to support for measures under rural development programming financed under the eafrd in the period 2015 - 2020 as specified under regulation no [ … ] [ rd ] ] . bulgaria , estonia , finland , latvia , lithuania , poland , portugal , romania , slovakia , spain , sweden and the united - kingdom may decide to make available as direct payments an [ additional ] [ 10% ] of the amount allocated under rural development . as a result , the corresponding amount shall no longer be available for support measures under rural development programming . ### before . . . , bulgaria , estonia , finland , latvia , lithuania , poland , portugal , romania , slovakia , spain , sweden and the united - kingdom may decide to make available as direct payments an up to 10% of the amount allocated under rural development . as a result , the corresponding amount shall no longer be available for support measures under rural development programming .


### manufacturers’ compliance with the targets under this regulation should be assessed at the community level . manufacturers whose average specific emissions of co2 exceed those permitted under this regulation should pay an excess emissions premium with respect to each calendar year from 1 january 2014 . the premium should be modulated as a function of the extent to which manufacturers fail to comply with their target . in order to ensure consistency , the premium mechanism should be similar to the one set in regulation no 443 / 2009 . the amounts of the excess emissions premium should be considered as revenue in the general budget of the european union . ### manufacturers’ compliance with the targets under this regulation should be assessed at the community level . manufacturers whose average specific emissions of co2 exceed those permitted under this regulation should pay an excess emissions penalty with respect to each calendar year from 1 january 2014 . the penalty should be modulated as a function of the extent to which manufacturers fail to comply with their target . in order to ensure consistency , the penalty mechanism should be similar to the one set in regulation no 443 / 2009 . the amounts of the excess emissions penalty should be considered as revenue in the general budget of the european union .


### the speed of road vehicles has a strong influence on their fuel consumption and co2 emissions . in addition , in the absence of speed limitation for light commercial vehicles , it is possible that there is an element of competition as regards top speed which could lead to oversized powertrains and associated inefficiencies in slower operating conditions . it is therefore appropriate to investigate the feasibility of extending the scope of council directive 92 / 6 / eec on the installation and use of speed limitation devices for certain categories of motor vehicles in the community , with the aim of including light commercial vehicles covered in this regulation . ### the speed of road vehicles has a strong influence on their fuel consumption and co2 emissions . in addition , in the absence of speed limitation for light commercial vehicles , it is possible that there is an element of competition as regards top speed which could lead to oversized powertrains and associated inefficiencies in slower operating conditions . it is therefore appropriate to envisage the possibility of extending the scope of council directive 92 / 6 / eec on the installation and use of speed limitation devices for certain categories of motor vehicles in the community , with the aim of including , as a voluntary option , light commercial vehicles covered in this regulation .


### ' average specific emissions of co2 ' means , in relation to a manufacturer , the average of the specific emissions of co2 of all light commercial vehicles of which it is the manufacturer ; ### ' average specific emissions of co2 ' means , in relation to a manufacturer , the average of the specific emissions of co2 of all light commercial vehicles of which it is the manufacturer , as defined in article 2 of this regulation ;


### ‘ excess emissions’ means the positive number of grams per kilometre by which a manufacturer’s average specific emissions of co2 taking into account co2 emissions reductions due to innovative technologies approved in accordance with article 11 exceeded its specific emissions target in the calendar year or part of the calendar year to which the obligation under article 4 applies , rounded to the nearest three decimal places ; and ### ‘ excess emissions’ means the positive number of grams per kilometre by which a manufacturer’s average specific emissions of co2 taking into account co2 emissions reductions due to innovative technologies approved in accordance with article 11 and to the use of speed - limiting devices in accordance with article 5 , exceeded its specific emissions target in the calendar year or part of the calendar year to which the obligation under article 4 applies , rounded to the nearest three decimal places ; and


### by 31 october 2016 , and every three years thereafter , measures shall be adopted to amend annex i to adjust the figure m0 , referred to therein , to the average mass of new light commercial vehicles in the previous three calendar years . ### by 31 october 2018 , and every three years thereafter , measures shall be adopted to amend annex i to adjust the figure m0 , referred to therein , to the average mass of new light commercial vehicles in the previous three calendar years .


### where other credit rating agencies registered or certified according to this regulation request access to the information referred to in paragraph 1 , they shall be granted access without delay provided that they meet all of the following conditions : ### where institutional investors or other credit rating agencies registered or certified according to this regulation request access to the information referred to in paragraph 1 , they shall be granted access without delay provided that they have the systems and organisational structure in place to ensure the confidentiality of this information .


### a credit rating agency registered in the union shall maintain a password - protected website containing : ### a credit rating agency or group of credit rating agencies registered in the union shall maintain an appropriately protected website containing :


### a link to the password protected website on which the issuer of the structured finance instrument or a related third party provides the information required under article 8a , as soon as it is in possession of this link . ### a link to the appropriately protected website on which the issuer of the structured finance instrument or a related third party provides the information required under article 8a , as soon as it is in possession of this link .


### a credit rating agency shall grant access without delay to the password protected website referred to in paragraph 1 to any credit rating agency registered or certified under this regulation provided that the credit rating agency requesting access complies with the requirements set out in article 8a . ### a credit rating agency shall grant access without delay to the appropriately protected website referred to in paragraph 1 to any credit rating agency registered or certified under this regulation provided that the credit rating agency requesting access complies with the requirements set out in article 8a .


### where requesting information referred to in paragraph 1 , esma shall refer to this article as the legal basis of the request and state the purpose of it , specify what information is required and fix the time - limit within which it is to be provided . it shall also indicate the penalties provided for in article 36b in case the production of the required information is incomplete or where the answers to questions asked are incorrect or misleading . ### where requesting information referred to in paragraph 1 , the european supervisory authority shall refer to this article as the legal basis of the request and state the purpose of it , specify what information is required and fix the time - limit within which it is to be provided . it shall also indicate the penalties provided for in article 36b in case the production of the required information is incomplete or where the answers to questions asked are incorrect or misleading . where relevant , the european supervisory authority shall specify the legal remedies available under regulation no . . . / 2010 as well as the right to have any decision to impose a penalty payment reviewed by the court of justice .


### the powers to adopt the delegated acts referred to in the third subparagraph of article 5 , article 19 , article 36a and article 37 shall be conferred on the commission for an indeterminate period of time . ### the power to adopt delegated acts referred to in article 5 , article 19 , article 25 , article 36a , article 36b , article 36c and article 37 shall be conferred on the commission for a period of four years following the entry into force of this regulation . the commission shall draw up a report in respect of the delegated powers not later than six months before the end of the four - year period . the delegation of power shall be automatically extended for periods of an identical duration , unless the european parliament or the council revokes it in accordance with article 38b .


### for the purposes of this regulation , a natural or legal person shall be considered to have an uncovered position in a credit default swap relating to an obligation of a member state or the union , to the extent that the credit default swap is not serving to hedge against the risk of default of the issuer where the natural or legal person has a long position in the sovereign debt of that issuer or any long position in the debt of an issuer for which the price of its debt has a high correlation with the price of the obligation of a member state or the union . the party under a credit default swap that is obliged to make the payment or pay the compensation in the event of a default or a credit event relating to the reference entity does not by reason of that obligation have an uncovered position for the purposes of this paragraph . ### for the purposes of this regulation , a natural or legal person shall be considered to have an uncovered position in a credit default swap relating to an obligation of a member state or the union , to the extent that the credit default swap is not serving to hedge against the risk of a decline of the creditworthiness of the issuer where the natural or legal person has a another position whose value is likely to be negatively impacted by such a decline . the party under a credit default swap that is obliged to make the payment or pay the compensation in the event of a default or a credit event relating to the reference entity does not by reason of that obligation have an uncovered position for the purposes of this paragraph .


### a trading venue that has shares admitted to trading shall establish procedures that ensure that natural or legal persons executing orders on the trading venue mark sell orders as short orders if the seller is entering into a short sale of the share . the trading venue shall publish at least daily a summary of the volume of orders marked as short orders . ### a trading venue that has shares admitted to trading or an investment firm which executes orders on behalf of clients in those instruments outside a trading venue shall establish procedures for exceptional circumstances that ensure that natural or legal persons executing orders on the trading venue or through the investment firm are in a position to mark sell orders as short orders if the seller is entering into a short sale of the share .


### a natural or legal person who has a net short position in relation to the issued share capital of a company that has shares admitted to trading on a trading venue shall disclose to the public details of the position whenever the position reaches or falls below a relevant publication threshold referred to in paragraph 2 . ### a natural or legal person who has a net short position in relation to the issued share capital of a company that has shares admitted to trading on a trading venue shall notify details of the position to esa whenever the position reaches or falls below a relevant publication threshold referred to in paragraph 2 . esa shall disclose such positions to the public .


### articles 5 , 6 , 7 , 8 and 12 shall not apply to the activities of an investment firm or a third country entity or a local firm that is a member of a trading venue or of a market in a third country , whose legal and supervisory framework has been declared equivalent pursuant to paragraph 2 , when it deals as principal in a financial instrument , whether traded on or outside a trading venue , in either or both of the following capacities : ### articles 5 to 8 and 12 shall not apply to the activities of an investment firm or a third country entity that is a member of a relevant trading venue or of a relevant market in a third country , whose legal and supervisory framework has been declared equivalent pursuant to paragraph 2 , when it deals as principal in a relevant financial instrument , whether traded on or outside a trading venue , in one or more of the following capacities and by hedging positions arising out of those dealings :


### articles 8 and 12 shall not apply to the activities of a natural or legal person when , acting as an authorised primary dealer pursuant to an agreement with an issuer of sovereign debt , it is dealing as principal in a financial instrument in relation to primary or secondary market operations relating to the sovereign debt . ### articles 8 and 12 and any restrictions or requirements imposed in relation to sovereign debt under article 16 , 17 , 18 or 24 shall not apply to the activities of a natural or legal person which is an authorised primary dealer pursuant to an agreement with an issuer of sovereign debt and which is dealing as principal in a financial instrument in relation to primary or secondary market operations relating to the sovereign debt of a member state .


### the competent authorities shall conclude cooperation agreements on exchange of information with the competent authorities of third countries only where the information disclosed is subject to guarantees of professional secrecy which are at least equivalent to those set out in article 29 . such exchange of information must be intended for the performance of the tasks of those competent authorities . ### the competent authorities shall not enter into cooperation arrangements with third countries which result in obligations for member states other than the provision of information . cooperation arrangements on exchange of information shall be entered into only where the information disclosed is subject to guarantees of professional secrecy which are at least equivalent to those set out in article 29 . such exchange of information must be intended for the performance of the tasks of those competent authorities .


### the union is committed to implement the resolutions adopted by the general assembly of the united nations , in particular resolutions 61 / 105 and 64 / 72 , which call on states and regional fisheries management organisations to ensure the protection of vulnerable deep - sea marine ecosystems from the destructive impact of bottom fishing gears , as well as the sustainable exploitation of deep - sea fish stocks . ### the union is committed to implement the resolutions adopted by the general assembly of the united nations , in particular resolutions 61 / 105 and 64 / 72 , which call on states and regional fisheries management organisations to ensure the protection of vulnerable deep - sea marine ecosystems from the impact of bottom fishing gears , as well as the sustainable exploitation of deep - sea fish stocks .


### in order to maintain necessary reductions in fishing capacity achieved so far in deep - sea fisheries , it is appropriate to provide that fishing for deep - sea species is subject to a fishing authorisation which limits the capacity of vessels eligible to land deep - sea species . with a view to focus management measures on the part of the fleet most relevant for deep - sea fisheries , the fishing authorisations should be issued according to target or by - catch fishery . ### in order to maintain necessary reductions in fishing capacity achieved so far in deep - sea fisheries , and to focus management measures on the most relevant part of the fleet for deep sea fisheries , it is appropriate to provide that fishing for deep - sea species is subject to a fishing authorisation which limits the capacity of vessels eligible to fish deep - sea species in a targeted manner . it is however necessary that fishing licenses are also delivered for bycatch fishing of deep - sea species , considering that all these fishing activities are likely to occur in areas where deep water vulnerable marine ecosystems may be present , and that they should be protected against the adverse effects that may have these activities , including those using bottom gears . however , the council and parliament regulation no xxx / 2013 from xxx 2013 on the common fisheries policy defines a goal of eliminating discards that also apply to deep - sea species . the novelty of this new requirement should be taken into account so that vessels incidentally capturing deep - sea species and which are not currently subjected to a licensing regime for fishing , are not totally deprived of the opportunity to continue their traditional fishing activities .


### scientific advice concerning certain fish stocks found in the deep - sea indicates that these stocks are particularly vulnerable to exploitation , and that fishing for these stocks should be limited or reduced as a precautionary measure . fishing opportunities for deep - sea stocks should not go beyond those levels which are scientifically advised as precautionary . in the case of advice being absent for lack of sufficient information about stocks or species , no fishing opportunities should be allocated . ### scientific advice concerning certain fish stocks found in the deep - sea indicates that these stocks are particularly vulnerable to exploitation , however there have been quantified improvements in some stocks such as the roundnose grenadier , blue ling and black scabbardfish . fishing opportunities for deep - sea stocks should not go beyond those levels which are scientifically advised as precautionary . in the case of advice being absent for lack of sufficient information about stocks or species , no fishing opportunities should be allocated .


### the vessel ' s master records in the logbook a percentage of deep - sea species equal or superior to 10% of the overall catch weight in the fishing day concerned . ### the vessel ' s master records in the logbook a percentage of the species defined in annex i which is equal or superior to 25% of the overall catch weight in the fishing trip concerned .


### the aggregate fishing capacity measured in gross tonnage and in kilowatt of all fishing vessels holding a fishing authorisation issued by a member state , allowing the catch of deep - sea species , whether as target or by - catch species , shall at no time exceed the aggregate fishing capacity of vessels of that member state which have landed 10 tonnes or more of deep - sea species during any of the two calendar years preceding the entry into force of this regulation , whichever year provides the higher figure . ### the aggregate fishing capacity measured in gross tonnage and in kilowatt of all fishing vessels holding a fishing authorisation issued by a member state , allowing the targeted catch of deep - sea species as defined in article 4 shall at no time exceed the aggregate fishing capacity of vessels of that member state which have landed 10 tonnes or more of deep - sea species during any of the calendar years 2009 - 2011 , whichever year provides the higher figure .


### each application for a fishing authorisation allowing for the catch of deep - sea species whether as target or by - catch species , and for its renewal shall be accompanied by a description of the area where it is intended to conduct fishing activities , the type of gears , the depth range at which the activities will be deployed , and of the individual species targeted . ### each application for a fishing authorisation allowing for the catch of deep - sea species within areas of existing fishing activities , and for its renewal shall be accompanied by a description of the area where it is intended to conduct fishing activities , the type of gears , the depth range at which the activities will be deployed , and of the relevant species .


### in addition to the requirements set out in article 6 , each application for a fishing authorisation for targeted deep sea fisheries , as referred to in article 4 , that allows the use of bottom gears in union waters as referred to in article 2 , shall be accompanied by a detailed fishing plan specifying : ### in addition to the requirements set out in article 6 , each application for an authorisation for fishing deep - water stocks that allows for the use of bottom gears in union waters as defined in article 2 , or in waters under neafc jurisdiction as referred to in article 2 , shall :


### the locations of the intended activities targeting deep - sea species in the deep - sea m&#233 ; tier . the location shall be defined by coordinates in accordance with the world geodetic system of 1984 ; ### list the bottom - sea gear that will be used ;


### any fishing authorisation issued on the basis of an application made in accordance with paragraph 1 shall specify the bottom gear to be used and limit the fishing activities authorised to the area in which the intended fishing activity , as set out in paragraph 1 , and the existing fishing activity , as set out in paragraph 1 , overlap . however , the area of the intended fishing activity can be extended beyond the area of the existing fishing activity if the member state has assessed and documented , based on scientific advice , that such extension would not have significant adverse impacts on vulnerable marine ecosystems . ### without prejudice to article 7 , fishing activities that are to take place in waters defined in paragraph 1 but that are defined as new fishing areas in the meaning of article 3 paragraph 2b shall be subject to a fishing authorisation . applications for such authorisations shall include a detailed project for the exploratory fishing activity that follows the neafc guidelines outlined in annex iia . applications will be accepted if it can be shown that the activity described will have no harmful effects on vulnerable marine ecosystems .


### data collection ### data collection and compliance


### the power to adopt delegated acts as referred to in article 13 shall be conferred on the commission for an indeterminate period of time . ### the power to adopt delegated acts as referred to in article 13 shall be conferred on the commission for period of three years from the date of entry into force of this regulation . the commission shall draw up a report in respect of the delegation of power no later than nine months before the end of the three year period . the delegation of power shall be tacitly extended for periods of an identical duration , unless the european parliament or the council oppose such extension no later than three months before the end of each period .


### encouraging an entrepreneurial culture and promoting the creation and growth of smes . ### encouraging an entrepreneurial culture amongst both women and men and promoting the creation and growth of smes .


### draft legislative resolution ### recalls its resolution of 8 june 2011 on investing in the future : a new multiannual financial framework for a competitive , sustainable and inclusive europe1 ; reiterates that , regardless of realisable savings and reallocations , sufficient additional resources are needed in the next mff to enable the union to fulfil its existing policy priorities and the new tasks provided for by the treaty of lisbon , as well as to respond to unforeseen events ; challenges the council , if it does not share this approach , to clearly identify which of its political priorities or projects could be dropped altogether , despite their proven european added value ; ______________ 1 texts adopted , p7_ta0266 .


### the core network should be identified and implemented as a priority within the framework provided by the comprehensive network by 2030 . it should constitute the backbone of the development of a multi - modal transport network and stimulate the development of the entire comprehensive network . it should enable union action to concentrate on those components of the trans - european transport network with the highest european added value , in particular cross - border sections , missing links , multi - modal connecting points and major bottlenecks . ### the core network should be identified and implemented as a priority within the framework provided by the comprehensive network by 2030 . it should constitute the backbone of the development of a multi - modal transport network and stimulate the development of the entire comprehensive network . it should enable union action to concentrate on those components of the trans - european transport network with the highest european added value , in particular serving the objective of reducing greenhouse gas emissions from transport by 60 % by 2050 , cross - border sections , missing links , multi - modal connecting points and major bottlenecks .


### ‘ european added value’ means , in relation to a project , the value resulting from union intervention which is additional to the value that would otherwise have been created by member state action alone ; ### ‘ european added value’ means , in relation to a project , the value resulting from union intervention which is assessed and demonstrated to be additional to the value that would otherwise have been created by member state action alone . this added value shall contribute to meeting the objectives of the europe 2020 strategy and the roadmap for moving to a low - carbon economy in 2050 ;


### improving or maintaining the quality of infrastructure in terms of efficiency , safety , security , climate and where appropriate disaster resilience , environmental performances , social conditions , accessibility for all users , quality of services and continuity of traffic flows ; ### improving or maintaining the quality of infrastructure in terms of efficiency , safety , security , minimising climate impact and where appropriate disaster resilience , environmental performances , social conditions , accessibility for all users , quality of services and continuity of traffic flows ;


### rivers , canals and lakes comply with the minimum requirements for class iv waterways as laid down in the european agreement on main inland waterways of international importance on the new classification of inland waterways and ensure continuous bridge clearance . ### rivers , canals and lakes comply with the minimum requirements for class iv waterways as laid down in the european agreement on main inland waterways of international importance on the new classification of inland waterways and ensure continuous bridge clearance where appropriate , without preventing achievement of the environmental objectives of at least directive 92 / 43 / eec of 21 may 1992 on the conservation of natural habitats and of wild fauna and flora , directive 2000 / 60 / ec of the european parliament and of the council : of 23 october 2000 establishing a framework for community action in the field of water policy , and directive 2009 / 147 / ec of 30 november 2009 on the conservation of wild birds .


### for existing inland waterways : implementing measures necessary to reach the standards of the inland waterways class iv ; ### for existing inland waterways : implementing measures necessary to reach the standards of the inland waterways class iv where appropriate without preventing achievement of the environmental objectives of at least directive 92 / 43 / eec of 21 may 1992 on the conservation of natural habitats and of wild fauna and flora , directive 2000 / 60 / ec of the european parliament and of the council of 23 october 2000 establishing a framework for community action in the field of water policy , and directive 2009 / 147 / ec of 30 november 2009 on the conservation of wild birds ;


### where appropriate , achieving higher standards than inland waterways class iv , to meet market demands ; ### where appropriate to meet market demands achieving higher standards than inland waterways class iv without preventing achievement of the environmental objectives of at least directive 92 / 43 / eec of 21 may 1992 on the conservation of natural habitats and of wild fauna and flora , directive 2000 / 60 / ec of the european parliament and of the council of 23 october 2000 establishing a framework for community action in the field of water policy , and directive 2009 / 147 / ec of 30 november 2009 on the conservation of wild ;


### the draft budget shall contain a summary general statement of the expenditure and revenue of the union and consolidate the estimates referred to in article 32 . ### the draft budget shall contain a summary general statement of the expenditure and revenue of the union , including a summary general statement of the reserve for payments and commitments , and consolidate the estimates referred to in article 32 .


### this reserve must be drawn upon before the end of the financial year by means of transfer in accordance with the procedure laid down in articles 21 and 23 . ### this reserve must be drawn upon as soon as possible and before the end of the financial year , in first instance by means of the reserve for payments and commitments , as laid down in article 15 , or by means of transfer in accordance with the procedure laid down in articles 21 and 23 .


### directive 2005 / 36 / ec only applies to professionals who want to pursue the same profession in another member state . there are cases where the activities concerned are part of a profession with a larger scope of activities in the host member state . if the differences between the fields of activity are so large that in reality a full programme of education and training is required from the professional to compensate for shortcomings and if the professional so requests , a host member state should under these particular circumstances grant partial access . however , in case of overriding reasons of general interest , such as in the case of a doctor of medicine or other health professionals , a member state should be able to refuse partial access . ### directive 2005 / 36 / ec only applies to professionals who want to pursue the same profession in another member state . there are cases where the activities concerned are part of a profession with a larger scope of activities in the host member state . if the differences between the fields of activity are so large that in reality a full programme of education and training is required from the professional to compensate for shortcomings and if the professional so requests , a host member state should grant partial access . in respect of professions with implications for public health , safety or health monitoring , a member state could refuse to grant partial access were it to consider the quality of service provided to be lower . in case of overriding reasons of general interest , a member state should always be able to refuse partial access .


### at least five years of full - time study at a university or comparable teaching institution leading to successful completion of a university - level examination and at least one year of remunerated traineeship . ### at least four years of full - time study at a university or comparable teaching institution leading to successful completion of a university - level examination and at least two years of traineeship for practical training to gain professional experience ;


### the profession concerned is neither covered by another common training framework nor regulated already under chapter iii of title iii ; ### the profession concerned is not covered by another common training framework ;


### where contracting authorities / entities receive tenders that meet the conditions of paragraph 1 for which they intend to request the exclusion for that reason , they shall notify the commission . during the notification procedure the contracting authority / entity may continue its analysis of the tenders . ### where contracting authorities / entities receive tenders that meet the conditions of paragraph 1 for which they exclude for that reason , they shall notify the commission . during the notification procedure the contracting authority / entity may continue its analysis of the tenders .


### that information shall be provided within eight working days , commencing on the first working day following the date on which it receives the request for additional information . if the commission receives no information within this period the period established in paragraph 3 shall be suspended , until the commission receives the requested information . ### that information shall be provided within eight working days , commencing on the first working day following the date on which it receives the request for additional information .


### simplification is a central aim of horizon 2020 which should be fully reflected in its design , rules , financial management and implementation . horizon 2020 should aim to attract the strong participation of universities , research centres , industry and specifically smes and be open to new participants , as it brings together the full range of research and innovation support in one common strategic framework , including a streamlined set of forms of support and uses rules for participation with principles applicable to all actions under the programme . simpler funding rules should reduce the administrative costs for participation and will contribute to a reduction of financial errors . ### simplification is a central aim of horizon 2020 which should be fully reflected in its design , rules , financial management and implementation . horizon 2020 should aim to attract the strong participation of both union and associated country and third country universities , research centres , industry and specifically smes and be open to new participants , as it brings together the full range of research and innovation support in one common strategic framework , including a streamlined set of forms of support and uses rules for participation with principles applicable to all actions under the programme . simpler funding rules should reduce the administrative costs for participation and will contribute to a reduction of financial errors .


### to achieve maximum impact , horizon 2020 should develop close synergies with other union programmes in areas such as education , space , environment , competitiveness and smes , the internal security , culture and media and with the cohesion policy funds and rural development policy , which can specifically help to strengthen national and regional research and innovation capabilities in the context of smart specialisation strategies . ### to achieve maximum impact , horizon 2020 should develop close synergies with other union programmes in areas such as health , education , space , environment , sustainable energy , competitiveness and smes , the internal security , culture and media and with the cohesion policy funds and rural development policy , which can specifically help to strengthen national and regional research and innovation capabilities in the context of smart specialisation strategies . developing synergies with union external action and development programmes will also help ensure maximum impact of horizon 2020 , whilst fulfilling the principle of policy coherence for development enshrined in article 208 of the tfeu .


### with the aim to achieve the greatest possible impact of union funding , horizon 2020 is to develop closer synergies , which may also take the form of public - public partnerships , with national and regional programmes that support research and innovation . ### with the aim to achieve the greatest possible impact of union funding , horizon 2020 is to develop closer synergies , which may also take the form of public - public partnerships , with international , national and regional programmes that support research and innovation .


### horizon 2020 should promote cooperation with third countries based on common interest and mutual benefit . international cooperation in science , technology and innovation should be targeted to contribute to achieving the europe 2020 objectives to strengthen competitiveness , contribute to tackling societal challenges and support union external and development policies , including by developing synergies with external programmes and contributing to the union ' s international commitments such as the achievement of millennium development goals . ### horizon 2020 should promote cooperation with third countries based on common interest and mutual benefit . international cooperation in science , technology and innovation should be targeted to contribute to achieving the europe 2020 objectives to strengthen competitiveness , contribute to tackling societal challenges and support union external and development policies , including by developing synergies with external programmes . horizon 2020 should contribute to the union ' s international commitments in the field of sustainable development , in particular the achievement of millennium development goals and their subsequent internationally agreed adaptations .


### financial contributions from the union to joint undertakings established on the basis of article 187 tfeu under the seventh framework programme , subject to the amendment of their basic acts ; to new public - private partnerships set up on the basis of article 187 tfeu ; and to other funding bodies referred to in article [ 55 or ] of regulation no xx / 2012 [ new financial regulation ] . this form of partnerships shall only be implemented where the scope of the objectives pursued and the scale of the resources required justify it ; ### financial contributions from the union to joint undertakings established on the basis of article 187 tfeu under the seventh framework programme , subject to the amendment of their basic acts ; to new public - private partnerships set up on the basis of article 187 tfeu ; to other existing innovative research and innovation partnerships such as product development partnerships , and to other funding bodies referred to in article [ 55 or ] of regulation no xx / 2012 [ new financial regulation ] . this form of partnerships shall only be implemented where the scope of the objectives pursued and the scale of the resources required justify it ;


### the scale of impact on industrial competitiveness , sustainable growth and socio - economic issues ; ### the scale of impact on industrial competitiveness , sustainable growth and socio - economic issues and the societal challenges , which are global in nature ;


### entities established in third countries and international organisations shall be eligible to participate in indirect actions of horizon 2020 under the conditions set out in regulation xx / xx [ rules for participation ] . international cooperation with third countries and international organisations shall be promoted across and within horizon 2020 to achieve , in particular , the following objectives : ### entities established in third countries and international organisations shall be eligible to participate in indirect actions of horizon 2020 under the conditions set out in regulation xx / xx [ rules for participation ] . international cooperation with third countries and international organisations shall be promoted and integrated in horizon 2020 to achieve , in particular , the following objectives :


### supporting the union ' s external and development policy objectives , complementing external and development programmes . ### supporting the union ' s external and development policy objectives as set out in the european consensus on development , complementing external and development programmes , and contributing to the fulfilment of international commitments in the field of sustainable development , in particular the achievement of the millennium development goals and their subsequent internationally agreed adaptations .


### targeted actions with the objective of promoting cooperation with specific third countries or groups of third countries shall be implemented on the basis of common interest and mutual benefit , taking into account their scientific and technological capabilities and market opportunities , and the expected impact . ### targeted actions with the objective of promoting cooperation with specific third countries or groups of third countries shall be implemented on the basis of common interest and mutual benefit , taking into account their scientific and technological capabilities and market opportunities , their developmental needs , and the expected impact .


### cooperation priorities shall take into account developments in union policy and opportunities for cooperation with third countries , as well as possible deficiencies in third country intellectual property systems . ### cooperation priorities shall take into account developments in union policy including external and development policies and opportunities for cooperation with third countries , as well as possible deficiencies in third country intellectual property systems .


### social sciences and humanities shall be an integral part of the activities to address all the challenges . in addition , the underpinning development of these disciplines shall be supported under the specific objective ‘ inclusive , innovative and secure societies’ . support will also focus on providing a strong evidence base for policy making at international , union , national and regional levels . given the global nature of many of the challenges , strategic cooperation with third countries shall be an integral part of each challenge . in addition , cross - cutting support for international cooperation shall be provided under the specific objective ‘ inclusive , innovative and secure societies’ . ### social sciences and humanities , including issues of access to education and to social and cultural rights , shall be an integral part of the activities to address all the challenges . in addition , the underpinning development of these disciplines shall be supported under the specific objective ‘ inclusive , innovative and secure societies’ . support will also focus on providing a strong evidence base for policy making at international , union , national and regional levels .


### key activities shall be to encourage experienced researchers to broaden or deepen their skills by means of mobility by opening attractive career opportunities in universities , research institutions , businesses , smes and other socio - economic groups all over europe and beyond . opportunities to restart a research career after a break shall also be supported . ### key activities shall be to encourage experienced researchers to broaden or deepen their skills by means of mobility by opening attractive career opportunities in universities , research institutions , businesses , smes and other socio - economic groups all over europe and beyond , offering researchers the opportunity to be trained and to enhance their knowledge in a third - country high - level research organisation . opportunities to restart a research career after a break shall also be supported .


### the aim shall be to support partnerships between relevant policymakers and funding bodies , mapping and monitoring tools for decision - making and also international cooperation activities . ### the aim shall be to support partnerships between relevant policymakers and funding bodies , mapping and monitoring tools for decision - making and also international cooperation activities . european research infrastructures shall be supported in their international relations activities and consulted in the process of shaping the european strategy for international cooperation in research .


### these activities will contribute to the objectives of the europe 2020 flagship initiatives on innovation union , resource efficient europe , an industrial policy for the globalisation era , and a digital agenda for europe as well as union space policy objectives . ### these activities will contribute to the objectives of the europe 2020 flagship initiatives on innovation union , resource efficient europe , an industrial policy for the globalisation era , and a digital agenda for europe . they will also contribute to union policy objectives and international commitments in the fields of space , health , environment , energy and food security .