### where the commission considers that a foreign direct investment is likely to affect projects or programmes of union interest on grounds of security or public order , the commission may issue an opinion addressed to the member state where the foreign direct investment is planned or has been completed . ### where the commission considers that a foreign direct investment is likely to affect projects or programmes of union interest on grounds of security , the commission may issue an advisory opinion addressed to the member state where the foreign direct investment is planned or has been completed .


### the member states where the foreign direct investment is planned or has been completed shall take utmost account of the commission ' s opinion and provide an explanation to the commission in case its opinion is not followed . ### the member states where the foreign direct investment is planned or has been completed may take account of advice received .


### where the commission considers that a foreign direct investment is likely to affect security or public order in one or more member states , it may issue an opinion addressed to the member state in which the foreign direct investment is planned or has been completed . the commission may issue an opinion irrespective of whether other member states have provided comments . ### where the commission considers that a foreign direct investment is likely to affect security in one or more member states , it may issue an advisory opinion addressed to the member state in which the foreign direct investment is planned or has been completed . the commission may issue an advisory opinion irrespective of whether other member states have provided comments .


### member states shall notify to the commission their existing screening mechanisms by [ &#8230 ; ] at the latest . member states shall notify to the commission any amendment to an existing screening mechanism or any newly adopted screening mechanism within 30 days of entry into force of the screening mechanism at the latest . ### member states shall notify to the commission their existing screening mechanisms by [ &#8230 ; ] at the latest . member states shall notify the commission of any amendment to an existing screening mechanism or any newly adopted screening mechanism within 30 days of entry into force of the screening mechanism at the latest .


### public sector bodies are increasingly making their documents available for re - use in a proactive manner , by ensuring online discoverability and actual availability of both metadata and the underlying content . documents should also be made available for re - use following a request lodged by a re - user . in those cases , the time limit for replying to requests for re - use should be reasonable and in accordance with the equivalent time for requests to access the document under the relevant access regimes . public undertakings , educational establishments , research performing organisations and research funding organisations should however be exempt from this requirement . reasonable time limits throughout the union will stimulate the creation of new aggregated information products and services at pan - european level . this is particularly important for dynamic data , the economic value of which depends on the immediate availability of the information and of regular updates . dynamic data should therefore be made available immediately after collection , via an application programming interface so as to facilitate the development of internet , mobile and cloud applications based on such data . whenever this is not possible due to technical or financial constraints , public sector bodies should make the documents available in a timeframe that allows their full economic potential to be exploited . should a licence be used , the timely availability of documents may be a part of the terms of the licence . ### public sector bodies are increasingly making their documents available for re - use in a proactive manner , by ensuring online discoverability and actual availability of both metadata and the underlying content . documents should also be made available for re - use following a request lodged by a re - user . in those cases , the time limit for replying to requests for re - use should be reasonable and in accordance with the equivalent time for requests to access the document under the relevant access regimes . public undertakings , educational establishments , research performing organisations and research funding organisations may however be exempt from this requirement . reasonable time limits throughout the union will stimulate the creation of new aggregated information products and services at pan - european level . this is particularly important for dynamic data , the economic value of which depends on the immediate availability of the information and of regular updates . dynamic data should therefore be made available immediately after collection , via an application programming interface so as to facilitate the development of internet , mobile and cloud applications based on such data . whenever this is not possible due to technical or financial constraints , public sector bodies should make the documents available in a timeframe that allows their full economic potential to be exploited . should a licence be used , the timely availability of documents may be a part of the terms of the licence .


### no sooner than four years after the date of transposition of this directive , the commission shall carry out an evaluation of this directive and present a report on the main findings to the european parliament , the council and the european economic and social committee . the evaluation shall be conducted according to the commission ' s better regulation guidelines47 . member states shall provide the commission with the information necessary for the preparation of that report . _________________ 47 swd 350 ### no sooner than seven years after the date of transposition of this directive , the commission shall carry out an evaluation of this directive and present a report on the main findings to the european parliament , the council and the european economic and social committee . the evaluation shall be conducted according to the commission ' s better regulation guidelines47 . member states shall provide the commission with the information necessary for the preparation of that report . _________________ 47 swd 350


### novel foods should be authorised and used only if they fulfil the criteria laid down in this regulation . novel foods should be safe and their use should not mislead the consumer . therefore , where a novel food is intended to replace another food , it should not differ from that food in a way that would be nutritionally less advantageous for the consumer . ### novel foods should be authorised and used only if they fulfil the criteria laid down in this regulation . novel foods should be safe and their use should not mislead the consumer . product labelling requirements are therefore of the utmost importance , particularly if the novel food has been created using new rearing or farming methods , new materials or new production processes . therefore , where a novel food is intended to replace another food , it should not differ from that food in a way that would be nutritionally less advantageous for the consumer .


### the commission may request efsa to render its opinion if the update is liable to have an effect on human health . ### the commission shall request efsa to render its opinion if the update is liable to endanger human health .


### for removing a traditional food from a third country from the union list or for adding , removing or changing conditions , specifications or restrictions associated with the inclusion of a traditional food from a third country on the union list , articles 9 to 12 apply . ### for removing a traditional food from a third country from the union list or for adding , removing or changing specifications , conditions of use , additional specific labelling requirements or post - market monitoring requirements associated with the inclusion of a traditional food from a third country on the union list , articles 9 to 12 apply .


### adding , removing or changing the conditions , specifications or restrictions associated with the inclusion of a novel food on the union list . ### adding , removing or changing the specifications , conditions of use , additional specific labelling requirements or post - market monitoring requirements associated with the inclusion of a novel food on the union list .


### ' 3 . the commission shall , as appropriate , present proposals for measures to strengthen and complement the enforcement of the essential requirements and to ensure that new packaging is put on the market only if the producer has taken all necessary measures to minimise its environmental impact without compromising the essential functions of the packaging . ' ### in article 4 , paragraph 3 is replaced by the following : ' 3 . the commission shall , as appropriate , present proposals for measures to strengthen and complement the enforcement of the essential requirements and to ensure that packaging is put on the market only if the producer has taken all necessary measures to minimise its environmental impact without compromising the essential functions of the packaging . the commission shall in particular propose measures concerning non - recyclable packaging , packaging containing hazardous substances , disposable and excess packaging , as well as evaluating new packaging material , and assess their impact at union level . '


### 55 % of plastic ; ### 60 % of plastic ;


### 85% of ferrous metal ; ### 90% of ferrous metal ;


### waste management in the union should be improved , with a view to protecting , preserving and improving the quality of the environment , protecting human health , ensuring prudent and rational utilisation of natural resources and promoting a more circular economy . ### waste management in the union should be improved , with a view to protecting , preserving and improving the quality of the environment , protecting human health , ensuring prudent and rational utilisation of natural resources , promoting the transition towards a more circular economy , increasing energy efficiency and reducing the eu ' s resource dependence . however , a comprehensive and integrated approach to the circular economy goes beyond conventional end - of - pipe approaches . it requires a paradigm shift in pollution control and should take account of water and energy consumption , as well as transport pollution throughout the life of a product and its packaging .


### 75% of wood ; ### 80% of wood ;


### ' 3 . the commission shall , as appropriate , present proposals for measures to strengthen and complement the enforcement of the essential requirements and to ensure that new packaging is put on the market only if the producer has taken all necessary measures to minimise its environmental impact without compromising the essential functions of the packaging . ' ### in article 4 , paragraph 3 is replaced by the following : ' 3 . no later than 31 december 2018 the commission shall present proposals to update the essential requirements , for measures to strengthen and complement the enforcement of these requirements so as to ensure that new packaging is put on the market only if the producer has taken all necessary measures to minimise its environmental impact without compromising the essential functions of the packaging . the commission shall in particular focus on measures that enhance design for reuse and recycling , in consultation with all stakeholders involved . '


### 85% of aluminium ; ### 90% of aluminium ;


### the commission shall , as appropriate , present proposals for measures to strengthen and complement the enforcement of the essential requirements and to ensure that new packaging is put on the market only if the producer has taken all necessary measures to minimise its environmental impact without compromising the essential functions of the packaging . ### in article 4 , paragraph 3 is replaced by the following : ' 3 . no later than 31 december 2018 the commission shall present proposals for measures to strengthen and complement the enforcement of the essential requirements and to ensure that new packaging is put on the market only if the producer has taken all necessary measures to minimise its environmental impact without compromising the essential functions of the packaging . the commission shall in particular present a proposal for measures concerning non - recyclable packaging , packaging containing hazardous substances , single use packaging , disposable and excess packaging , and assess the possibility of market restrictions for those items at union level . '


### 75% of aluminium ; ### 80% of aluminium ;


### the title is replaced by ' recovery , re - use and recycling ' ; ### the title is replaced by ' recovery and recycling ' ;


### no later than 31 december 2025 a minimum of 65% by weight of all packaging waste will be prepared for reuse and recycled ; ### no later than 31 december 2025 a minimum of 70 % by weight of all packaging waste will be recycled ;


### member states should , for the purposes of calculating whether the preparation for re - use and recycling targets are achieved , be able to take into account products and components that are prepared for re - use by recognised preparation for re - use operators and deposit - refund schemes . to ensure harmonised conditions for those calculations , the commission will adopt detailed rules on the determination of recognised preparation for re - use operators and deposit - refund schemes and on the collection , verification and reporting of data . ### to ensure harmonised conditions , the commission will adopt detailed rules on the determination of registered preparation for re - use operators and deposit - refund schemes and on the collection , verification and reporting of data .


### 75% of ferrous metal ; ### 80% of ferrous metal ;


### member states may encourage reuse systems of packaging , which can be reused in an environmentally sound manner , in conformity with the treaty . ### in article 5 , paragraph 1 is replaced by the following : member states shall encourage reuse systems of packaging , which can be reused in an environmentally sound manner , in conformity with the treaty .


### 85% of glass ; ### 90% of glass ;


### waste management in the union should be improved , with a view to protecting , preserving and improving the quality of the environment , protecting human health , ensuring prudent and rational utilisation of natural resources and promoting a more circular economy . ### waste management in the union should be improved , with a view to protecting , preserving and improving the quality of the environment , protecting human health , ensuring prudent , rational and reduced utilisation of natural resources and promoting a more circular economy , which is key to the eu ' s long - term competitiveness .


### member states shall , where appropriate , encourage the use of materials obtained from recycled packaging waste for the manufacturing of packaging and other products by : improving market conditions for such materials ; reviewing existing regulations preventing the use of those materials . ### in article 6 , paragraph 4 is replaced by the following : ' 4 . member states shall encourage the use of materials obtained from recycled packaging waste for the manufacturing of packaging and other products by : improving market conditions for such materials ; reviewing existing regulations preventing the use of those materials ; making use of adequate economic instruments in order to incentivise the uptake of secondary raw material , such as fiscal incentives based on the recycled content of the products and green public procurement criteria ; promoting materials that , when recycled , do not endanger human health when they are recycled into food contact materials . '


### no later than 31 december 2030 a minimum of 75% by weight of all packaging waste will be prepared for reuse and recycled ; ### no later than 31 december 2030 a minimum of 65% by weight of all generated packaging waste will be prepared for reuse and recycled ;


### no later than 31 december 2030 a minimum of 75% by weight of all packaging waste will be prepared for reuse and recycled ; ### no later than 31 december 2030 a minimum of 80% by weight of all packaging waste generated will be prepared for reuse and recycled ;


### clear environmental , economic and social benefits would be derived from further increasing the targets laid down in directive 94 / 62 / ec for preparation for re - use and recycling of packaging waste . ### clear environmental , economic and social benefits would be derived from further increasing the targets laid down in directive 94 / 62 / ec for recycling of packaging waste .


### in order to ensure harmonised conditions for the application of paragraph 1 and and of annex iv , the commission shall adopt delegated acts in accordance with article 21a establishing minimum quality and operational requirements for the determination of recognised preparation for re - use operators and deposit - refund schemes , including specific rules on data collection , verification and reporting . ### in order to ensure harmonised conditions for the application of paragraph 1 and of annex iv , the commission shall adopt delegated acts in accordance with article 21a establishing specific rules on the exact point of ' input to the final recycling process ' per material stream , data collection , verification and reporting .


### 60% of wood ; ### 65% of wood ;


### furthermore , in order to ensure greater coherence in waste legislation , the definitions in directive 94 / 62 / ec should be aligned to those of directive 2008 / 98 / ec of the european parliament and of the council14 applicable to waste in general . __________________ 14 directive 2008 / 98 / ec of the european parliament and of the council of 19 november 2008 on waste and repealing certain directives . ### furthermore , in order to ensure greater coherence in waste legislation , without prejudice to packaging specificity , the definitions in directive 94 / 62 / ec should be aligned , where relevant , to those of directive 2008 / 98 / ec of the european parliament and of the council14 applicable to waste in general . __________________ 14 directive 2008 / 98 / ec of the european parliament and of the council of 19 november 2008 on waste and repealing certain directives .


### the targets laid down in directive 94 / 62 / ec of the european parliament and of the council13 for the recovery and recycling of packaging and packaging waste should be amended by increasing the preparing for re - use and recycling of packaging waste in order to better reflect the union’s ambition to move towards a circular economy . __________________ 13 directive 94 / 62 / ec of european parliament and council of 20 december 1994 on packaging and packaging waste . ### the targets laid down in directive 94 / 62 / ec of the european parliament and of the council13 for the recovery and recycling of packaging and packaging waste should be amended by increasing the recycling of packaging waste in order to better reflect the union’s ambition to move towards a circular economy . __________________ 13 directive 94 / 62 / ec of european parliament and council of 20 december 1994 on packaging and packaging waste .


### with the combination of recycling targets and landfill restrictions laid down in directives 2008 / 98 / ec and 1999 / 31 / ec , the union targets for energy recovery and the recycling targets for packaging waste laid down in directive 94 / 62 / ec are no longer necessary . ### with the combination of recycling targets and landfill restrictions laid down in directives 2008 / 98 / ec and 1999 / 31 / ec , the union targets for energy recovery for packaging waste laid down in directive 94 / 62 / ec are no longer necessary .


### furthermore , in order to ensure greater coherence in waste legislation , the definitions in directive 94 / 62 / ec should be aligned to those of directive 2008 / 98 / ec of the european parliament and of the council14 applicable to waste in general . __________________ 14 directive 2008 / 98 / ec of the european parliament and of the council of 19 november 2008 on waste and repealing certain directives . ### furthermore , in order to ensure greater coherence in waste legislation , without prejudice to packaging and packaging waste specificity , the definitions in directive 94 / 62 / ec should be aligned , where relevant , to those of directive 2008 / 98 / ec of the european parliament and of the council14 applicable to waste in general . __________________ 14 directive 2008 / 98 / ec of the european parliament and of the council of 19 november 2008 on waste and repealing certain directives .


### asia and latin america : eur 3 785 000 000 , broken down into the following sub - ceilings : ### asia and latin america : eur 3 407 295 000 , broken down into the following sub - ceilings :


### the maximum amounts under the general mandate and the private sector lending mandate referred to in paragraph 1 shall be broken down into regional ceilings and sub - ceilings as laid down in annex i . within the regional ceilings , the eib shall progressively ensure a balanced country distribution within the regions covered by the eu guarantee . ; ### the maximum amounts under the general mandate and the private sector lending mandate referred to in paragraph 1 shall be broken down into regional ceilings and sub - ceilings as laid down in annex i , following reprioritisation , ensuring that the increased elm is distributed between european neighbourhood countries and the western balkans . given the decision of the european parliament to halt eu pre - accession talks with turkey and the increased needs of the mediterranean countries as a result of the many regional crises , part of the financing for turkey is to be distributed to projects in the mediterranean . within the regional ceilings , the eib shall progressively ensure a balanced country distribution within the regions covered by the eu guarantee . ' ;


### developing skills for smart specialisation , industrial transition and entrepreneurship ; ### developing skills for smart specialisation , industrial transition , rural development and infrastructures for smart specialisation , the re - establishment of industries in regions affected by waning industrial capacity and entrepreneurship ;


### developing smart energy systems , grids and storage at local level ; ### developing smart energy systems , grids and storage ;


### those with a gross national income ratio equal to or above 75 % and below 100 % of the eu average ; ### transition regions , whose per capita gross domestic product is between 75% and 100% of the eu ' s average gdp ;


### improving access to inclusive and quality services in education , training and life long learning through developing infrastructure ; ### improving access to inclusive and quality services in education , preschool – in particular by strengthening the links between education and the economy and business – training and life long learning through developing infrastructure ;


### promoting climate change adaptation , risk prevention and disaster resilience ; ### promoting climate change adaptation , risk prevention and management and natural disaster resilience , in particular eco - system based approaches ;


### developing smart energy systems , grids and storage at local level ; ### developing smart energy systems , smart grids , storage at local level and establishing energy cooperatives


### productive investments in smes ; ### productive investments in smes and any support in smes in the form of financial instruments ;


### enhancing digital connectivity ; ### enhancing digital connectivity and access to high - speed internet particularly in rural areas with lower populations that are not as attractive to commercial operators ;


### in addition , investments under the erdf should contribute to the development of a comprehensive high - speed digital infrastructure network , and to promoting clean and sustainable multimodal urban mobility . ### in addition , investments under the erdf should contribute to the development of a comprehensive high - speed digital infrastructure network that also covers rural areas , and to promoting clean and sustainable multimodal urban and rural mobility , thereby fostering greater economic , social and territorial cohesion which can effectively combat climate change .


### those with a gross national income ratio below 75 % of the eu average . ### less developed regions , whose per capita gross domestic product is below 75 % of the eu27 average ;


### fostering the integrated social , economic and environmental local development , cultural heritage and security , including for rural and coastal areas also through community - led local development . ### fostering integrated social , economic and environmental development , culture , natural heritage , sustainable tourism and security , all at local level , cultural heritage and security , including for mountainous , rural and coastal areas , and areas that have difficulty accessing basic services , through territorial and local development strategies , through the forms set out in points and of article 22 of regulation 2018 / xxxx [ new cpr ] .


### individual export authorisations and global export authorisations shall be valid for one year , and may be renewed by the competent authority . global export authorisations for large projects shall be valid for a duration to be determined by the competent authority . ### individual export authorisations and global export authorisations shall be valid for two years , and may be renewed by the competent authority . global export authorisations for large projects shall be valid for a duration to be determined by the competent authority .


### the list of dual - use items set out in section b of annex i may be amended if this is necessary due to risks that the export of such items may pose as regards the commission of serious violations of human rights or international humanitarian law or the essential security interests of the union and its member states . ### the list of dual - use items set out in section b of annex i may be amended if this is necessary due to risks that the export of such items may pose as regards the commission and serious violations of the freedom of expression , the freedom of assembly and the right to privacy in countries where internal repression and the absence of functioning rule of law mechanisms as listed by the commission , or violations of the security of the union and its member states . any such update should also take due account of the union ' s and member states ' relevant international obligations and should happen in close consultation with industry ;


### cyber - surveillance technology which can be used for the commission of serious violations of human rights or international humanitarian law , or can pose a threat to international security or the essential security interests of the union and its member states . ### cyber - surveillance technology which is designed for the commission of serious violations of the freedom of expression , the freedom of assembly and the right to privacy in countries where internal repression and the absence of functioning rule of law mechanisms is assessed and reported on by the commission , or violations of the security of the union and its member states ;


### considerations about intended end use and the risk of diversion , including existence of a risk that the dual - use items will be diverted or re - exported under undesirable conditions . ### considerations about intended end use and the risk of diversion , including


### information regarding the application of controls , including licensing data , and , where available , data on exports of dual - use items carried out in other member states ; ### information regarding the application of controls ;


### the competent authorities of the member states shall process requests for individual or global authorisations within a period of time to be determined by national law or practice . the competent authorities shall provide to the commission all information on the average times for processing applications for authorisations relevant for the preparation of the annual report referred to in article 24 . ### the competent authorities of the member states shall process requests for individual or global authorisations within a period of time to be determined by national law or practice .


### if an exporter , under his obligation to exercise due diligence , is aware that dual - use items which he proposes to export , not listed in annex i , are intended , in their entirety or in part , for any of the uses referred to in paragraph 1 , he must notify the competent authority , which will decide whether or not it is expedient to make the export concerned subject to authorisation . ### if an exporter is aware that dual - use items which he proposes to export , not listed in annex i , are intended , in their entirety or in part , for any of the uses referred to in paragraph 1 , he must notify the competent authority , which will decide whether or not it is expedient to make the export concerned subject to authorisation .


### the authority should perform its activities in the areas of cross - border labour mobility and social security coordination , including free movement of workers , posting of workers and highly mobile services . it should also enhance cooperation between member states in tackling undeclared work . in cases where the authority , in the course of the performance of its activities , becomes aware of suspected irregularities , including in areas of union law beyond its scope , such as violations of working conditions , health and safety rules , or the employment of illegally staying third - country nationals , it should be able to report them and cooperate on these matters with the commission , competent union bodies , and national authorities where appropriate . ### the authority should perform its activities in the areas of cross - border labour mobility and social security coordination , including free movement of workers , posting of workers and highly mobile services . it should also enhance cooperation between member states in tackling undeclared work . in cases where the authority , in the course of the performance of its activities , becomes aware of suspected irregularities , including in areas of union law beyond its scope , such as violations of working conditions , health and safety rules , or the employment of illegally staying third - country nationals , it should be able to report them and cooperate on these matters with the commission and competent national authorities .


### facilitate cross - border enforcement procedures of penalties and fines ; ### coordinate cross - border enforcement procedures of penalties and fines ;


### the members of the stakeholder group shall be nominated by their respective organisations and appointed by the management board . the management board shall also appoint alternate members , in accordance with the same conditions as members , who shall automatically replace any members who are absent or indisposed . to the extent possible , an appropriate gender balance shall be respected , as well as adequate representation of smes . ### the members of the stakeholder group shall be nominated by their respective organisations and appointed by the management board . the management board shall also appoint alternate members , in accordance with the same conditions as members .


### to increase member states ' capacity to tackle irregularities with a cross - border dimension in relation to union law within its scope , the authority should support the national authorities in carrying out concerted and joint inspections , including by facilitating the implementation of the inspections in accordance with article 10 of directive 2014 / 67 / eu . these should take place at the request of member states or upon their agreement to the authority ' s suggestion . the authority should provide strategic , logistical , and technical support to member states participating in the concerted or joint inspections in full respect of confidentiality requirements . inspections should be carried out in agreement with the member states concerned and take place fully within the legal framework of national law of member states concerned , which should follow up on the outcomes of the concerted and joint inspections according to national law . ### to support member states ' initiatives to tackle irregularities with a cross - border dimension in relation to union law within its scope , the authority should support the national authorities in carrying out concerted and joint inspections , including by facilitating the implementation of the inspections in accordance with article 10 of directive 2014 / 67 / eu . these should solely take place at the request of member states or upon their mutual agreement to the authority ' s suggestion . the authority should provide strategic , logistical , and technical support to member states participating in the concerted or joint inspections in full respect of confidentiality and data protection requirements . inspections should be carried out in agreement with the member states concerned and take place fully within the legal framework of national law of member states concerned , which should follow up on the outcomes of the concerted and joint inspections according to national law .


### the management board , acting on a proposal from the commission that takes into account the assessment referred to in paragraph 4 , may extend the term of office of the executive director once , for no more than five years . ### the management board , acting on a proposal from the commission that takes into account the assessment referred to in paragraph 4 , may extend the term of office of the executive director once , for no more than four years .


### to guarantee its full autonomy and independence , the authority should be granted an autonomous budget , with revenue coming from the general budget of the union , any voluntary financial contribution from the member states and any contribution from third countries participating in the work of the authority . in exceptional and duly justified cases it should also be in the position to receive delegation agreements or ad hoc grants , and to charge for publications and any service provided by the authority . ### to guarantee its full autonomy and independence , the authority should be granted an autonomous budget , with revenue coming from the general budget of the union , any voluntary financial contribution from the member states and any contribution from third countries participating in the work of the authority .


### the stakeholder group shall be chaired by the executive director and shall meet at least twice a year on the initiative of the executive director or at the request of the commission . ### the stakeholder group shall be chaired by the executive director and shall meet at least twice a year on the initiative of the executive director , at the request of the commission , or in cases of special urgency at the request of a member state .


### the authority shall regularly report its findings to the commission , as well as directly to the member states concerned , outlining possible measures to address identified weaknesses . ### the authority shall regularly report its findings to the commission and the european parliament , as well as directly to the member states concerned , outlining possible measures to address identified weaknesses .


### the authority should perform its activities in the areas of cross - border labour mobility and social security coordination , including free movement of workers , posting of workers and highly mobile services . it should also enhance cooperation between member states in tackling undeclared work . in cases where the authority , in the course of the performance of its activities , becomes aware of suspected irregularities , including in areas of union law beyond its scope , such as violations of working conditions , health and safety rules , or the employment of illegally staying third - country nationals , it should be able to report them and cooperate on these matters with the commission , competent union bodies , and national authorities where appropriate . ### the authority should solely perform its activities in the areas of cross - border labour mobility and social security coordination , including free movement of workers , posting of workers and highly mobile services . it should also promote good cooperation between member states in tackling undeclared work .


### the executive director shall decide whether it is necessary to locate one or more staff in one or more member states . before deciding to establish a local office , the executive director shall obtain the prior consent of the commission , the management board and the member state concerned . the decision shall specify the scope of the activities to be carried out at the local office in a manner that avoids unnecessary costs and the duplication of administrative functions of the authority . a headquarters agreement with the member state concerned may be required . ### the executive director shall decide whether it is necessary to locate one or more staff in one or more member states , either on a temporary or permanent basis . before deciding to establish a local office , the executive director shall obtain the prior consent of the commission , the management board and the member state concerned . the decision shall specify the scope of the activities to be carried out at the local office in a manner that avoids unnecessary costs and the duplication of administrative functions of the authority . a headquarters agreement with the member state concerned shall be required .


### the management board shall appoint the executive director from a list of candidates proposed by the commission , following an open and transparent selection procedure . ### the management board shall appoint the executive director from a list of candidates proposed by the commission and member states , following an open and transparent selection procedure .


### upon request of one of the member states concerned by a dispute , the authority shall launch a mediation procedure before its mediation board set up for this purpose in accordance with article 17 . the authority may also launch a mediation procedure on its own initiative before the mediation board , including on the basis of a referral from solvit , subject to the agreement of all member states concerned by that dispute . ### upon request of one of the member states concerned by a dispute , the authority shall launch a mediation procedure before its mediation board set up for this purpose in accordance with article 17 .


### the term of office for members and their alternates shall be four years . that term shall be extendable . ### the term of office for members and their alternates shall be four years . that term shall be extendable for a period of two consecutive terms .


### support member states in complying with the obligations on the dissemination of and access to information relating to the free movement of workers as laid down in article 6 of directive 2014 / 54 / eu , and to the posting of workers as laid down in article 5 of directive 2014 / 67 / eu ; ### cooperate closely with the member states and relevant national authorities to ensure compliance with the obligations on the dissemination of and access to information relating to the free movement of workers as laid down in article 6 of directive 2014 / 54 / eu , and to the posting of workers as laid down in article 5 of directive 2014 / 67 / eu ;


### the authority shall assist member states and the commission in matters relating to cross - border labour mobility and the coordination of social security systems within the union . ### the authority shall assist member states and the commission exclusively in matters relating to cross - border labour mobility and the coordination of social security systems within the union .


### the term of office of the executive director shall be five years . by the end of that period , the commission shall undertake an assessment that takes into account an evaluation of the executive director ' s performance and the authority ' s future tasks and challenges . ### the term of office of the executive director shall be four years . by the end of that period , the commission shall undertake an assessment that takes into account an evaluation of the executive director ' s performance and the authority ' s future tasks and challenges .


### the management board shall be composed of one senior representative from each member state and two representatives of the commission , all of whom have voting rights . ### the management board shall be composed of one senior representative from each member state and one representative of the commission , all of whom have voting rights .


### support cooperation between member states in the cross - border enforcement of relevant union law , including facilitating joint inspections ; ### support member states in their efforts to foster better cooperation in the cross - border enforcement of relevant union law , including providing technical and logistical assistance and facilitating joint inspections ;


### the member states and the commission should be represented on a management board , in order to ensure the effective functioning of the authority . the composition of the management board , including the selection of its chair and deputy - chair , should respect the principles of gender balance , experience and qualification . in view of the effective and efficient functioning of the authority , the management board , in particular , should adopt an annual work programme , carry out its functions relating to the authority’s budget , adopt the financial rules applicable to the authority , appoint an executive director , and establish procedures for taking decisions relating to the operational tasks of the authority by the executive director . representatives from countries other than union member states , which are applying the union rules within the scope of the authority , may participate in the meetings of the management board as observers . ### the member states , the european parliament and the commission should be represented on a management board , in order to ensure the effective functioning of the authority . in view of the effective and efficient functioning of the authority , the management board , in particular , should adopt an annual work programme , carry out its functions relating to the authority’s budget , adopt the financial rules applicable to the authority , appoint an executive director , and establish procedures for taking decisions relating to the operational tasks of the authority by the executive director . representatives from countries other than union member states , which are applying the union rules within the scope of the authority , may participate in the meetings of the management board as observers , solely following a unanimous decision by the management board .


### to guarantee its full autonomy and independence , the authority should be granted an autonomous budget , with revenue coming from the general budget of the union , any voluntary financial contribution from the member states and any contribution from third countries participating in the work of the authority . in exceptional and duly justified cases it should also be in the position to receive delegation agreements or ad hoc grants , and to charge for publications and any service provided by the authority . ### to guarantee its full autonomy and independence , the authority should be granted an autonomous budget , with revenue coming from the general budget of the union and any voluntary financial contribution from the member states participating in the work of the authority . in exceptional and duly justified cases it should also be in the position to receive delegation agreements or ad hoc grants , and to charge for publications and any service provided by the authority .


### this regulation introduces a common approach to ensuring that subscribers to online content services in the union , when temporarily present in a member state , can access and use these services . ### this regulation introduces a common approach to ensuring that subscribers to legally acquired online content services in the union , when temporarily present in a member state other than that of their member state of residence can access and use these services whilst respecting all the relevant copyright and related rights of the content accessed and used .


### service providers should ensure that their subscribers are properly informed about the conditions of enjoyment of online content services in member states other than the member state of residence of the subscribers . the regulation enables right holders to require that the service provider make use of effective means in order to verify that the online content service is provided in conformity with this regulation . it is necessary , however , to ensure that the required means are reasonable and do not go beyond what is necessary in order to achieve this purpose . examples of the necessary technical and organisational measures may include sampling of ip address instead of constant monitoring of location , transparent information to the individuals about the methods used for the verification and its purposes , and appropriate security measures . considering that for purposes of the verification what matters is not the location , but rather , in which member state the subscriber is accessing the service , precise location data should not be collected and processed for this purpose . similarly , where authentication of a subscriber is sufficient in order to deliver the service provided , identification of the subscriber should not be required . ### service providers should ensure that their subscribers are properly informed about the conditions of enjoyment of online content services in member states other than the member state of residence of the subscribers . the regulation enables right holders to require that the service provider make use of effective means in order to verify upon subscription that the online content service is provided in conformity with this regulation . it is necessary , however , to ensure that the required means are reasonable and do not go beyond what is necessary in order to achieve this purpose . considering that for purposes of the verification what matters is not the location of usage , but rather , in which member state the subscriber is a resident , precise location data , beyond an original verification of residence , should not be collected and processed for this purpose . similarly , where authentication of a subscriber is sufficient in order to deliver the service provided , identification of the subscriber should not be required .


### the technological development leading to a proliferation of portable devices such as tablets and smartphones increasingly facilitates the use of online content services by providing access to them regardless of the consumers ' location . there is a rapidly growing demand on the part of consumers for access to content and innovative online services not only in their home country but also when they are temporarily present in another member state of the union . ### the technological development leading to a proliferation of portable devices such as tablets and smartphones increasingly facilitates the use of online content services by providing access to them regardless of the consumers ' location . there is a growing demand on the part of consumers for access to content and innovative online services not only in their member state of residence but also when they are temporarily present in another member state of the union .


### ' online content service ' means a service as defined by articles 56 and 57 of the treaty on the functioning of the european union that a service provider is lawfully providing online in the member state of residence on a portable basis and which is an audiovisual media service within the meaning of directive 2010 / 13 / eu or a service the main feature of which is the provision of access to and use of works , other protected subject matter or transmissions of broadcasting organisations , whether in a linear or an on - demand manner , ### ' online content service ' means a service as defined by articles 56 and 57 of the treaty on the functioning of the european union that a service provider is lawfully providing online in the member state of residence on a portable basis and which is an audiovisual media service within the meaning of directive 2010 / 13 / eu or a service the main feature of which is the provision of lawful access to and use of works and other protected subject matter or transmissions of broadcasting organisations , whether in a linear or an on - demand manner .


### consumers increasingly enter into contractual arrangements with service providers for the provision of online content services . however , consumers that are temporarily present in another member state of the union often cannot access and use the online content services that they have acquired the right to use in their home country . ### consumers increasingly enter into contractual arrangements with service providers for the provision of online content services . however , consumers that are temporarily present in another member state of the union often cannot access and use the online content services that they have legally acquired the right to use in their member state of residence .


### therefore , the objective of this regulation is to adapt the legal framework in order to ensure that the licensing of rights no longer presents barriers to cross - border portability of online content services in the union and that the cross - border portability can be ensured . ### therefore , the objective of this regulation is to adapt the legal framework in order to permit cross - border portability of online content services to consumers that have legally acquired content and that are temporarily present in a member state other than that of their member state of residence within the union , whilst maintaining , and in accordance with , the principle of territoriality .


### any contractual provisions including those between holders of copyright and related rights , those holding any other rights relevant for the use of content in online content services and service providers , as well as between service providers and subscribers which are contrary to articles 3 and 4 shall be unenforceable . ### any contractual provisions including those between holders of copyright and related rights , those holding any other rights relevant for the use of and access to content in online content services and service providers , as well as between service providers and subscribers which are contrary to this regulation shall be unenforceable .


### the technological development leading to a proliferation of portable devices such as tablets and smartphones increasingly facilitates the use of online content services by providing access to them regardless of the consumers ' location . there is a rapidly growing demand on the part of consumers for access to content and innovative online services not only in their home country but also when they are temporarily present in another member state of the union . ### the technological development leading to a proliferation of portable devices such as tablets and smartphones increasingly facilitates the use of online content services by providing access to them regardless of the consumers ' location . there is a growing demand on the part of consumers for access to content and innovative online services not only in their home country but also when they are temporarily present in another member state of the union .


### service providers should ensure that their subscribers are properly informed about the conditions of enjoyment of online content services in member states other than the member state of residence of the subscribers . the regulation enables right holders to require that the service provider make use of effective means in order to verify that the online content service is provided in conformity with this regulation . it is necessary , however , to ensure that the required means are reasonable and do not go beyond what is necessary in order to achieve this purpose . examples of the necessary technical and organisational measures may include sampling of ip address instead of constant monitoring of location , transparent information to the individuals about the methods used for the verification and its purposes , and appropriate security measures . considering that for purposes of the verification what matters is not the location , but rather , in which member state the subscriber is accessing the service , precise location data should not be collected and processed for this purpose . similarly , where authentication of a subscriber is sufficient in order to deliver the service provided , identification of the subscriber should not be required . ### service providers should ensure that their subscribers are properly informed about the conditions of enjoyment of online content services in member states other than the member state of residence of the subscribers . the regulation enables right holders to require that the service provider make use of effective means in order to verify that the online content service is provided in conformity with this regulation . it is necessary , however , to ensure that the required means are reasonable and do not go beyond what is necessary in order to achieve this purpose . considering that for purposes of the verification what matters is not the specific location or country , but rather whether the individual accessing the service is in his or her member state of residence or not , precise location data should not be collected and processed for this purpose . the list of verification means , as provided for in this regulation , provides the sufficient and flexible means by which service providers can authenticate and verify subscribers ' access and member state of residence .


### this regulation should , therefore , apply to online content services that a service provider , after having obtained the relevant rights from right holders in a given territory , provides to its subscribers on the basis of a contract , by any means including streaming , downloading or any other technique which allows use of that content . a registration to receive content alerts or a mere acceptance of html cookies should not be regarded as a contract for the provision of online content service for the purposes of this regulation . ### this regulation should , therefore , apply to online content services that a service provider , after having obtained the relevant rights from right holders in a given territory , provides to its subscribers on the basis of a contract , by any means including streaming , downloading or any other technique which allows use of that content . neither the registration to receive content alerts or a mere acceptance of html cookies nor the exchange or transfer of data should be regarded as a contract for the provision of online content service for the purposes of this regulation .


### ' temporarily present ' means a presence of a subscriber in a member state other than the member state of residence ; ### ' temporarily present ' means the transitory presence of a subscriber in a member state other than the member state of residence ;


### this regulation should apply only to online content services which subscribers can effectively access and use in the member state in which they habitually reside without being limited to a specific location , as it is not appropriate to require service providers that do not offer portable services in their home country to do so across borders . ### this regulation should apply only to online content services which subscribers can effectively access and use in the member state of residence in which they habitually reside without being limited to a specific location , as it is not appropriate to require service providers that do not offer portable services within the member state of residence of the subscriber to do so across borders .


### online content services which are provided without payment of money are also included in the scope of this regulation to the extent that providers verify the member state of residence of their subscribers . online content services which are provided without the payment of money and whose providers do not verify the member state of residence of their subscribers should be outside the scope of this regulation as their inclusion would involve a major change to the way these services are delivered and involve disproportionate costs . as concerns verification of the subscriber ' s member state of residence , information such as a payment of a licence fee for other services provided in the member state of residence , the existence of a contract for internet or telephone connection , ip address or other means of authentication , should be relied upon , if they enable the provider to have reasonable indicators as to the member state of residence of its subscribers . ### online content services which are provided without payment of money normally do not verify the member state of residence of their subscribers . the inclusion of such online content services in the scope of this regulation would involve a major change to the way these services are delivered and involve disproportionate costs . on the other hand , the exclusion of these services from the scope of this regulation would mean that these services would not be able to take advantage of the legal mechanism provided for in this regulation and enabling online content providers to offer their services on a portable basis across the union even when they decide to invest in means allowing the verification of their subscribers ' member state of residence to the same degree of certainty as services which are provided against payment of money . this is why providers of online content services which are provided without payment of money should have an option to be included in the scope of this regulation if they so decide and provided that they comply with the requirements on the verification of the member state of residence to the same degree of certainty as content which is provided against payment of money . if providers of online content services which are provided without payment of money wish to exercise that option , they should be obliged to comply with the provisions of this regulation in the same way as providers of online content services which are provided against payment of money .


### in order to ensure that providers of online content services comply with the obligation to provide cross - border portability of their services without acquiring the relevant rights in another member state , it is necessary to stipulate that those service providers which lawfully provide portable online content services in the member state of residence of subscribers are always entitled to provide such services to those subscribers when they are temporarily present in another member state . this should be achieved by establishing that the provision , the access to and the use of such online content service should be deemed to occur in the member state of the subscriber ' s residence . ### in order to ensure that providers of online content services which are provided against payment of money comply with the obligation to provide cross - border portability of their services without acquiring the relevant rights in another member state , it is necessary to stipulate that those service providers which lawfully provide portable online content services in the member state of residence of subscribers are always entitled to provide such services to those subscribers when they are temporarily present in another member state . this should be achieved by establishing that the provision , the access to and the use of such online content service should be deemed to occur in the member state of the subscriber ' s residence . this legal fiction shall not prevent the provider from offering its subscriber , who is temporarily present in another member state , online content that the provider lawfully provides in that member state .


### there are a number of barriers which hinder the provision of these services to consumers temporarily present in another member state . certain online services include content such as music , games or films which are protected by copyright and / or related rights under union law . in particular , the obstacles to cross - border portability of online content services stem from the fact that the rights for the transmission of content protected by copyright and / or related rights such as audiovisual works are often licensed on a territorial basis as well as from the fact that online service providers may choose to serve specific markets only . ### there are a number of barriers which hinder the provision of these services to consumers temporarily present in another member state . certain online services include content such as music , games or films which are protected by copyright and / or related rights under union law . in particular , the obstacles to cross - border portability of online content services stem from the fact that the rights for the transmission of content protected by copyright and / or related rights , such as audiovisual works , are often licensed on a territorial basis or are already sold on an exclusive basis within that territory as well as from the fact that online service providers may choose to serve specific markets only .


### member states may allow declarants to provide the information through other reporting channels , such as port community systems , provided that those channels are voluntary for the declarants . in this case , member states shall ensure that those other channels make available the relevant information to the national single window . ### member states shall allow declarants to provide the information through other reporting channels , such as port community systems , provided that those channels are voluntary for the declarants . in this case , member states shall ensure that those other channels make available the relevant information to the national single window .


### the commission shall amend , by means of implementing acts , the technical specifications , standards and procedures , in order to take into account the availability of new technologies . ### the commission shall amend , by means of implementing acts , the technical specifications , standards and procedures , to ensure that the interfaces are technology neutral and open to future technologies .


### member states may allow declarants to provide the information through other reporting channels , such as port community systems , provided that those channels are voluntary for the declarants . in this case , member states shall ensure that those other channels make available the relevant information to the national single window . ### member states&#160 ; shall allow declarants to provide the information through existing system to system reporting channels , and port community systems , provided that those channels are voluntary for the declarants . in this case , member states shall ensure that those other channels make available the relevant information to the national single window .


### the acquisition of a trade secret without the consent of the trade secret holder shall be considered unlawful whenever carried out intentionally or with gross negligence by : ### the acquisition of a trade secret without the consent of the trade secret holder shall be considered unlawful whenever carried out by :


### to restrict access to hearings , when trade secrets may be disclosed , and their corresponding records or transcript . in exceptional circumstances , and subject to appropriate justification , the competent judicial authorities may restrict the parties’ access to those hearings and order them to be carried out only in the presence of the legal representatives of the parties and authorised experts subject to the confidentiality obligation referred to in paragraph 1 ; ### to restrict access to hearings , when trade secrets or alleged trade secrets may be disclosed , and their corresponding records or transcript , to a limited number of persons , provided that at least one person from each party , its respective lawyer or representative to the proceedings and court officials are given full access to such document ;


### prepare an action plan following - up on the conclusions of the retrospective evaluations and reporting on progress every two years to the commission ### prepare an action plan following - up on the conclusions of the retrospective evaluations and reporting on progress every two years to the commission and the european parliament


### support research and innovation for standardisation in cybersecurity technology ### support research and innovation for standardisation in cybersecurity technology , where appropriate aligning with relevant eu agencies and bodies including enisa ;


### supporting further development of cybersecurity skills , where appropriate together with relevant eu agencies and bodies including enisa . ### supporting further development of cybersecurity skills , where appropriate aligning with relevant eu agencies and bodies including enisa .


### the industrial and scientific advisory board shall consist of no more than 16 members . the members shall be appointed by the governing board from among the representatives of the entities of the cybersecurity competence community . ### the industrial and scientific advisory board shall consist of no more than 16 members . the members shall be appointed by the governing board from among the representatives of the entities of the cybersecurity competence community and other relevant stakeholders .


### both organisations provided added value both to the sum of activities of their national members and to union consumers in a way that national consumer advocacy groups were unable to deliver . national organisations dealing with all kinds of consumers ' issues lack technical expertise in policy areas related to financial services . in addition , no other similar organisations have been identified at union level so far . the evaluation also showed that no other applicant responded to the successive yearly calls for proposal since 2012 , which tends to show that no other organisation is currently able to carry out similar union - wide activities . ### both organisations provided added value to the sum of activities of their national members and to union consumers . national organisations dealing with a wide range of consumers ' issues often lack technical expertise in policy areas related specifically to financial services and the related union policy - making process . in addition , no other similar organisations have been identified at union level so far . although the evaluation showed that no other applicant responded to the successive yearly calls for proposal since 2012 , the programme should be open to other potential beneficiaries after the end of the 2017 - 2020 period if they meet the requirements of the programme .


### in order to benefit from the programme , the beneficiaries shall submit every year before 31 december to the commission a proposal describing the activities referred to in article 1 planned for the following year . ### in order to benefit from the programme , the beneficiaries shall submit every year before 30 november to the commission a description of activities referred to in article 1 planned for the following year aimed to achieve the policy objectives of the programme . those activities shall be described in detail , including their objectives , estimated costs and timeframe , as well as relevant indicators in order to assess them .


### in order to implement the programme , the commission shall adopt annual work programmes . those annual work programmes shall set out the objectives to be pursued , the expected results of the actions performed by the beneficiaries , the method of implementation of those actions and the total amount required to perform those actions . they shall also contain a description of the actions to be financed , an indication of the amount allocated to each action and an indicative implementation timetable . for the action grants , the annual work programmes shall set out priorities and essential award criteria . the maximum rate of co - financing shall be 60% of eligible costs . ### the commission shall implement the programme by means of annual work programmes in accordance with regulation no 966 / 2012 of the european parliament and of the council . the annual work programmes shall set out the objectives pursued , the expected results , the method of implementation and the total amount of the financing plan . they shall also contain a description of the actions to be financed , an indication of the amount allocated to each action and an indicative implementation timetable . for the action grants , the annual work programmes shall include priorities and the essential award criteria and maximum rate of co - financing . the maximum rate of direct co - financing shall be 60% of eligible costs . the maximum rate of cumulative non - direct union funding shall be limited to 70% of the total eligible costs of the beneficiary and the commission shall limit its annual contribution awarded under the programme to comply with that maximum amount .


### activities reinforcing the interactions between the members of the organisations referred to in article 3 and advocacy activities fostering the positions of those members at union level . ### activities reinforcing the interactions between the members of the organisations referred to in article 3 as well as advocacy and policy advice activities , in particular fostering the positions of those members at union level and promoting public interest in financial regulation , provided that activities outside union policy in the field of financial services are not eligible .


### continuing funding of finance watch and better finance for the period 2017 - 2020 along the same lines as for the preparatory action would ensure that the positive impacts of the activities of those organisations assessed so far are maintained . the financial envelope for the implementation of the programme should be based on the average actual costs incurred by each beneficiary between 2012 and 2015 . the co - funding rate should remain unchanged . ### continuing funding of finance watch and better finance for the period 2017 - 2020 along the same lines as for the preparatory action could ensure that the impacts of the activities of those organisations assessed favourably by the commission so far are maintained . the financial envelope for the implementation of the programme should be based on a detailed projected budget with actual cost justifications and cannot be based on an arbitrary average of previous spending .


### since 2007 , the confidence of consumers in particular and of other financial services ' end - users has been shaken by the financial and economic crisis . to restore citizens ' confidence in the soundness of the financial sector , it is therefore important to increase the involvement of consumers and other end - users , as well as of stakeholders representing their interests , in the union decision - making process in the financial sector . ### since 2007 , the confidence of consumers in particular and of other financial services ' end - users , including retail investors and savers , has been shaken by the financial and economic crisis . to restore citizens ' confidence in the soundness and efficiency of the financial sector , it is therefore important to increase the involvement of consumers and other end - users , as well as of stakeholders representing their interests , in the union decision - making process in the financial sector .


### the union contributes to ensuring a high level of consumer protection and to placing consumers at the heart of the single market by supporting and complementing member states ' policies in seeking to ensure that citizens can fully reap the benefits of the internal market and that , in so doing , their legal and economic interests are properly addressed and defended . a well - functioning and trustworthy financial services sector is a key component of the single market . it requires a solid framework for regulation and supervision , which simultaneously ensures financial stability and focuses on supporting a sustainable economy . at the same time , it should provide a high level of protection to consumers and other financial services end - users , including retail investors , savers , insurance holders , pension fund participants , individual shareholders , borrowers or smes . ### the union contributes to ensuring a high level of consumer protection and to placing consumers at the heart of the single market by supporting and complementing member states ' policies in seeking to ensure that citizens can fully reap the benefits of the internal market and that , in so doing , their legal and economic interests are properly addressed and defended . a well - functioning and trustworthy financial services sector is a key component of the single market and its cross - border capability . it requires a solid framework for regulation and supervision , which simultaneously ensures financial stability and focuses on supporting a sustainable economy . at the same time , it should provide a high level of protection to consumers and other financial services end - users , including retail investors , savers , insurance holders , pension fund participants , individual shareholders , borrowers or smes .


### to achieve this objective , the commission initiated at the end of 2011 a pilot project aimed at providing grants to support the development of a financial expertise centre to the benefit of consumers , other end - users and stakeholders representing their interests and to enhance their capacity to participate in union policy making in the field of financial services . the main policy objectives were to ensure that union policy - makers , when initiating new legislation , would be provided with views other than those expressed by the financial sector professionals , that the wider public is better informed about issues at stake in financial regulation and that the participation of consumers , is enhanced in union policy - making in the area of financial services , resulting in well - balanced legislation . ### to achieve this objective , the commission initiated at the end of 2011 a pilot project aimed at providing grants to support the development of a financial expertise centre to the benefit of consumers , other end - users and stakeholders representing their interests and to enhance their capacity to participate in union policy making in the field of financial services and prevent banking abuses . the main policy objectives were to ensure that union policy - makers , when initiating new legislation , would be provided with views other than those expressed by the financial sector professionals , that the wider public is better informed about issues at stake in financial regulation and that the participation of consumers , is enhanced in union policy - making in the area of financial services , resulting in well - balanced legislation .


### to contribute to the information of consumers and other financial services end - users , as well as stakeholders representing their interests , about issues at stake in the regulation of the financial sector . ### to contribute to the information of consumers and other financial services end - users , as well as stakeholders representing their interests , about issues at stake in the regulation of the financial sector and harmful corporate practices for consumers , including those of a cross - border nature ;


### no later than twelve months before the end of the programme , the commission shall submit to the european parliament and the council an evaluation report on the achievement of the programme ' s objectives . that report shall appraise the overall relevance and added value of the programme , the effectiveness and efficiency of its execution and the overall and individual effectiveness of the beneficiaries ' performance in terms of achievements of the objectives set out in article 2 . ### no later than 18 months before the end of the programme , the commission shall submit to the european parliament and the council an evaluation report on the results obtained , on the quantitative and qualitative aspects of implementation of the programme and achievement of the programme ' s objectives . the report shall appraise the overall relevance and added value of the programme , the effectiveness and efficiency of its execution and the overall and individual effectiveness of the beneficiaries ' performance in terms of achievements of the objectives set out in article 2 . the evaluation report shall , in addition , make an assessment with regard to a possible prolongation or renewal of the programme . any prolongation , modification or renewal of the programme after the 2017 - 2020 period shall be subject to an open call procedure in order to select the beneficiaries .


### the evaluation of the pilot project and the subsequent preparatory action carried out in 2015 concluded that the policy objectives have been generally achieved . finance watch and better finance have been working on complementary policy areas and targeted different audiences . together they have covered , through their activities , most of the union financial political agenda since 2012 . ### the evaluation of the pilot project and the subsequent preparatory action carried out in 2015 concluded that the policy objectives have been generally achieved . finance watch and better finance have been working on complementary policy areas and targeted different audiences . together they have covered , through their activities , most of the union financial political agenda since 2012 and , as much as their resources have allowed , made efforts to expand their activity in order to have wide geographical coverage within the union .


### in order to benefit from the programme , these beneficiaries shall remain non - governmental , non - profit - making legal entities , independent of industry , commerce or business . they shall have no other conflicting interests . and represent through their members the interests of union consumers and other end - users in the field of financial services . the commission shall ensure continued compliance with these criteria for the duration of the programme by including them in the annual work programmes referred to in article 7 and by assessing annually whether the beneficiaries meet these criteria before awarding the action grants referred to in article 4 . ### in order to benefit from the programme , the beneficiaries shall be non - governmental , non - profit - making legal entities , independent of industry , commerce or business . they shall have no other conflicting interests . they shall represent through the network of their members the interests of union consumers and other end - users in the field of financial services . in order to cover the interests of relevant consumers and end - users in as many member states as possible , the beneficiaries shall seek to expand their network of active members within the member states and strive to ensure balanced geographical coverage . the commission shall ensure continued compliance with these criteria for the duration of the programme by including them in the annual work programmes referred to in article 7 and by assessing annually whether the beneficiaries meet these criteria before awarding the action grants referred to in article 4 .


### however , despite regular efforts , both organisations did not manage to attract stable and significant funding from other donors , independent from the financial industry , and , therefore , remain heavily dependent on union funding . co - funding from the union is therefore necessary to ensure the resources needed to achieve the desired policy objectives in the coming years , providing financial stability to those organisations who have so far managed to start - up their relevant activities in a short period of time . it is therefore necessary to establish a union programme for the period 2017 - 2020 to support the activities of finance watch and better finance . ### both organisations did not manage to attract stable and significant funding from other donors , independent from the financial industry .


### however , despite regular efforts , both organisations did not manage to attract stable and significant funding from other donors , independent from the financial industry , and , therefore , remain heavily dependent on union funding . co - funding from the union is therefore necessary to ensure the resources needed to achieve the desired policy objectives in the coming years , providing financial stability to those organisations who have so far managed to start - up their relevant activities in a short period of time . it is therefore necessary to establish a union programme for the period 2017 - 2020 to support the activities of finance watch and better finance . ### however , despite regular efforts , both organisations did not manage to attract stable and significant funding from other donors , independent from the financial industry , and , therefore , remain heavily dependent on union funding in order to be financially sustainable . co - funding from the union is therefore necessary to ensure the resources needed to achieve the desired policy objectives in the coming years , providing financial stability to those organisations and their experts and administrative staff who have so far managed to start - up their relevant activities in a short period of time . it is therefore necessary to establish a union programme for the period 2017 - 2020 to support the activities of finance watch and better finance . financial stability is of key importance in preserving expertise , as well as for project planning for both organisations .


### awareness and dissemination activities , including to a wide audience of non - experts ; ### awareness , and dissemination activities , including to a wide audience of end - users in the area of financial services , including banking services , and non - experts ;


### operators of retransmission services offered on satellite , digital terrestrial , closed circuit ip - based , mobile and similar networks , provide services which are equivalent to those provided by operators of cable retransmission services when they retransmit simultaneously , in an unaltered and unabridged manner , for reception by the public , an initial transmission from another member state of television or radio programmes , where this initial transmission is by wire or over the air , including by satellite but excluding online transmissions and intended for reception by the public . they should therefore be within the scope of this regulation and benefit from the mechanism introducing mandatory collective management of rights . retransmission services which are offered on the open internet should be excluded from the scope of this regulation as those services have different characteristics . they are not linked to any particular infrastructure and their ability to ensure a controlled environment is limited when compared for example to cable or closed circuit ip - based networks . ### operators of retransmission services offered on satellite , digital terrestrial , closed circuit ip - based , mobile and similar networks and via an internet access service in accordance with regulation no 2015 / 2120 of the european parliament and of the council1a , provide services that are equivalent to those provided by operators of cable retransmission services when they retransmit simultaneously , in an unaltered and unabridged manner , for reception by the public , an initial transmission from another member state of television or radio programmes , where this initial transmission is by wire or over the air , including by satellite , as well as online transmissions , and intended for reception by the public . they should therefore be within the scope of this regulation and benefit from the mechanism introducing mandatory collective management of rights . retransmission services that are offered on the open internet should only be excluded from the scope of this regulation if they cannot ensure a closed environment when compared for example to cable or closed circuit ip - based networks . _________________ 1a regulation 2015 / 2120 of the european parliament and of the council of 25 november 2015 laying down measures concerning open internet access and amending directive 2002 / 22 / ec on universal service and users’ rights relating to electronic communications networks and services and regulation no 531 / 2012 on roaming on public mobile communications networks within the union , oj l 310 , 26 . 11 . 2015 , p . 1 .


### ' retransmission ' means any simultaneous , unaltered and unabridged retransmission , other than cable retransmission as defined in directive 93 / 83 / eec and other than retransmission provided over an internet access service as defined in regulation 2015 / 2120 of the european parliament and of the council1 , intended for reception by the public of an initial transmission from another member state , by wire or over the air , including that by satellite but excluding online transmission , of television or radio programmes intended for the reception by the public , provided that such retransmission is made by a party other than the broadcasting organisation which made the initial transmission or under whose control and responsibility such transmission was made . __________________ 1 regulation 2015 / 2120 of the european parliament and of the council of 25 november 2015 laying down measures concerning open internet access and amending directive 2002 / 22 / ec on universal service and users’ rights relating to electronic communications networks and services and regulation no 531 / 2012 on roaming on public mobile communications networks within the union , oj l 310 , 26 . 11 . 2015 , p . 1 . ### ' retransmission ' means any unaltered and unabridged retransmission , other than cable retransmission as defined in directive 93 / 83 / eec , in a controlled environment intended for reception by the public of an initial transmission from another member state , by wire or over the air , including that by satellite , of television or radio programmes intended for the reception by the public , provided that such retransmission is made by a party other than the broadcasting organisation which made the initial transmission or under whose control and responsibility such transmission was made .


### since the provision of , the access to or the use of an ancillary online service is deemed to occur solely in the member state in which the broadcasting organisation has its principal establishment , while de facto the ancillary online service can be provided across borders to other member states , it is necessary to ensure that in arriving at the amount of the payment to be made for the rights in question , the parties should take into account all aspects of the ancillary online service such as the features of the service , the audience , including the audience in the member state in which the broadcasting organisation has its principal establishment and in other member states in which the ancillary online service is accessed and used , and the language version . ### since the provision of , the access to or the use of an ancillary online service is deemed to occur solely in the member state in which the broadcasting organisation has its principal establishment , while de facto the ancillary online service can be provided across borders to other member states , it is necessary to ensure that in arriving at the amount of appropriate remuneration to be paid for the rights in question , the parties should take into account all aspects of the ancillary online service such as the features of the service , the actual and potential audience , including the audience in the member state in which the broadcasting organisation has its principal establishment and in other member states in which the ancillary online service is accessed and used , and all available language versions and subtitled versions . furthermore , such remuneration should be reasonable in relation to the economic value of the service provided .


### therefore , cross - border provision of online services ancillary to broadcast and retransmissions of television and radio programmes originating in other member states should be facilitated by adapting the legal framework on the exercise of copyright and related rights relevant for those activities . ### therefore , cross - border provision of online services of broadcasters and retransmissions of television and radio programmes originating in other member states should be facilitated by adapting the legal framework on the exercise of copyright and related rights relevant for those activities .


### since the provision of , the access to or the use of an ancillary online service is deemed to occur solely in the member state in which the broadcasting organisation has its principal establishment , while de facto the ancillary online service can be provided across borders to other member states , it is necessary to ensure that in arriving at the amount of the payment to be made for the rights in question , the parties should take into account all aspects of the ancillary online service such as the features of the service , the audience , including the audience in the member state in which the broadcasting organisation has its principal establishment and in other member states in which the ancillary online service is accessed and used , and the language version . ### since the provision of , the access to or the use of an ancillary online service is deemed to occur solely in the member state in which the broadcasting organisation has its principal establishment , while de facto the ancillary online service can be provided across borders to other member states , it is necessary to ensure that in arriving at the amount of the payment to be made for the rights in question , the parties should use objective criteria and take into account all aspects of the ancillary online service such as the features of the service , the actual audience , including the audience in the member state in which the broadcasting organisation has its principal establishment and in other member states in which the ancillary online service is accessed and used , and the language version .


### through the principle of contractual freedom it will be possible to continue limiting the exploitation of the rights affected by the principle of country of origin laid down in this regulation , especially as far as certain technical means of transmission or certain language versions are concerned , provided that any such limitations of the exploitation of those rights are in compliance with union law . ### it is important to recall that , through the principle of contractual freedom , it will be possible to continue limiting the exploitation of the rights affected by the principle of country of origin laid down in this regulation , as the implementation ofdirective 93 / 83 / eec has proven , especially as far as certain technical means of transmission or certain language versions and the nature and execution of certain contracts are concerned , provided that any such limitations of the exploitation of those rights are in compliance with national and union law .


### where more than one collective management organisation manages rights of that category for the territory of that member state , the right holder shall be free to choose which of those collective management organisations is deemed to be mandated to manage his or her right . if in such a situation the right holder does not choose the collective management organisation , it shall be for the member state for whose territory the operator of the retransmission service seeks to clear rights for a retransmission to indicate which of the collective management organisations is deemed to be mandated to manage the right of that right holder . ### where more than one collective management organisation manages rights of that category for the territory of that member state , the right holder shall be free to choose which of those collective management organisations is deemed to be mandated to manage his or her right .


### a number of barriers hinder the provision of online services which are ancillary to broadcasts and the provision of retransmission services and thereby the free circulation of television and radio programmes within the union . broadcasting organisations transmit daily many hours of news , cultural , political , documentary or entertainment programmes . these programmes incorporate a variety of content such as audiovisual , musical , literary or graphic works , which is protected by copyright and / or related rights under union law . that results in a complex process to clear rights from a multitude of right holders and for different categories of works and other protected subject matter . often the rights need to be cleared in a short time - frame , in particular when preparing programmes such as news or current affairs . in order to make their online services available across borders , broadcasting organisations need to have the required rights to works and other protected subject matter for all the relevant territories which further increases the complexity of the rights ' clearance . ### a number of barriers hinder the provision of online services which are ancillary to broadcasts and the provision of retransmission services and thereby the free circulation of television and radio programmes within the union . broadcasting organisations transmit daily many hours of news , cultural , political , documentary or entertainment programmes . these programmes incorporate a variety of content such as audiovisual , musical , literary or graphic works , which is protected by copyright and / or related rights under union law . that results in a complex process to clear rights from a multitude of right holders and for different categories of works and other protected subject matter . often the rights need to be cleared in a short time - frame , in particular when preparing programmes such as news or current affairs . in order to make their online services available across borders , broadcasting organisations need to have the acquired rights to works and other protect subject matter for all the relevant territories .


### application of the principle of ‘ country of origin’ to ancillary online services ### application of the principle of ‘ country of origin’ to online services


### the acts of communication to the public and of making available occurring when providing an ancillary online service by or under the control and responsibility of a broadcasting organisation as well as the acts of reproduction which are necessary for the provision of , the access to or the use of the ancillary online service shall , for the purposes of exercising copyright and related rights relevant for these acts , be deemed to occur solely in the member state in which the broadcasting organisation has its principal establishment . ### the acts of communication to the public and of making available occurring when providing an online service by or under the control and responsibility of a broadcasting organisation as well as the acts of reproduction which are necessary for the provision of , the access to or the use of the online service shall , for the purposes of exercising copyright and related rights relevant for these acts , be deemed to occur solely in the member state in which the broadcasting organisation has its principal establishment .