### in view of ensuring their maximum impact and to facilitate re - use , the high - value datasets should be made available for re - use with minimal legal restrictions and at no cost . they should also be published via application programming interfaces , whenever the dataset in question contains dynamic data . ### the decision which information is made publicly available remains within the competence of the member states , unless otherwise stipulated in union law . however , once publicly available , in view of ensuring their maximum impact and to facilitate re - use , the high - value datasets should be made available for re - use with minimal legal restrictions and at no cost . they should also be published via application programming interfaces , whenever the dataset in question contains dynamic data .


### the commission should carry out an evaluation of this directive . pursuant to paragraph 22 of the interinstitutional agreement between the european parliament , the council of the european union and the european commission on better law - making of 13 april 201641 , that evaluation should be based on the five criteria of efficiency , effectiveness , relevance , coherence and eu value added and should provide the basis for impact assessments of possible further measures . _________________ 41 oj l123 , 12 . 5 . 2016 , p1 . ### after the time sufficient to reflect the impact of the changes introduced by the directive , the commission should carry out an evaluation of this directive . pursuant to paragraph 22 of the interinstitutional agreement between the european parliament , the council of the european union and the european commission on better law - making of 13 april 201641 , that evaluation should be based on the five criteria of efficiency , effectiveness , relevance , coherence and eu value added and should provide the basis for impact assessments of possible further measures . _________________ 41 oj l123 , 12 . 5 . 2016 , p1 .


### the power to adopt delegated acts referred to in article 13 shall be conferred on the commission for a period of five years from [ date of entry into force of the directive ] . the commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five - year period . the delegation of power shall be tacitly extended for periods of an identical duration , unless the european parliament or the council opposes such extension not later than three months before the end of each period . ### the power to adopt delegated acts referred to in article 5 and article 13 shall be conferred on the commission for a period of two years from [ date of entry into force of the directive ] . the commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the two - year period . the delegation of power shall be tacitly extended for periods of an identical duration , unless the european parliament or the council opposes such extension not later than three months before the end of each period .


### the delegation of power referred to in article 13 may be revoked at any time by the european parliament or by the council . a decision to revoke shall put an end to the delegation of the power specified in that decision . it shall take effect the day following the publication of the decision in the official journal of the european union or at a later date specified therein . it shall not affect the validity of any delegated acts already in force . ### the delegation of power referred to in article 5 and article 13 may be revoked at any time by the european parliament or by the council . a decision to revoke shall put an end to the delegation of the power specified in that decision . it shall take effect the day following the publication of the decision in the official journal of the european union or at a later date specified therein . it shall not affect the validity of any delegated acts already in force .


### a delegated act adopted pursuant to article 13 shall enter into force only if no objection has been expressed either by the european parliament or the council within a period of two months of notification of that act to the european parliament and the council or if , before the expiry of that period , the european parliament and the council have both informed the commission that they will not object . that period shall be extended by two months at the initiative of the european parliament or of the council . ### a delegated acts adopted pursuant to article 5 and article 13 shall enter into force only if no objection has been expressed either by the european parliament or the council within a period of two months of notification of that act to the european parliament and the council or if , before the expiry of that period , the european parliament and the council have both informed the commission that they will not object . that period shall be extended by two months at the initiative of the european parliament or of the council .


### the costs for the development of the interoperability components projected under the current multiannual financial framework are lower than the remaining amount on the budget earmarked for smart borders in regulation no 515 / 2014 of the european parliament and the council57 . accordingly , this regulation , pursuant to article 5 of regulation no 515 / 2014 , should reallocate the amount currently attributed for developing it systems supporting the management of migration flows across the external borders . _________________ 57 regulation no 515 / 2014 of the european parliament and of the council of 16 april 2014 establishing as part of the internal security fund , the instrument for financial support for external borders and visa and repealing decision no 574 / 2007 / ec . ### the costs for the development of the interoperability components projected under the current multiannual financial framework are lower than the remaining amount on the budget earmarked for smart borders in regulation no 515 / 2014 of the european parliament and the council57 . accordingly , this regulation , pursuant to article 5 of regulation no 515 / 2014 , should reallocate the amount currently attributed for developing it systems supporting the management of migration flows across the external borders . in addition , eu - lisa shall use best endeavours to keep costs to a minimum and to identify and implement the most cost - effective technical solutions . _________________ 57 regulation no 515 / 2014 of the european parliament and of the council of 16 april 2014 establishing as part of the internal security fund , the instrument for financial support for external borders and visa and repealing decision no 574 / 2007 / ec .


### a link between data from two or more information systems shall be classified as green where the linked data do not share the same biometric but have similar identity data and the authority responsible for the verification of different identities concluded it refers to two different persons . ### a link between data from two or more information systems shall be classified as green where the linked data do not share : the same biometric data but have the same or similar identity data ; or the same or similar identity data but have indistinguishable biometric data , and the authority responsible for the verification of different identities concluded it refers to two different persons .


### while respecting the provisions of national law on the publication of sensitive information , each member state and europol shall prepare annual reports on the effectiveness of access to data stored in the common identity repository for law enforcement purposes , containing information and statistics on : ### while respecting the provisions of national law on the publication of sensitive information , each member state and europol shall prepare reports every four years on the effectiveness of access to data stored in the common identity repository for law enforcement purposes , containing information and statistics on :


### it is appropriate to authorise a novel food by updating the union list subject to the criteria and the procedures laid down in this regulation . a procedure that is efficient , time - limited and transparent should be put in place . as regards traditional foods from third countries having a history of safe use it is appropriate to provide for a faster and simplified procedure to update the union list if no reasoned safety objections are expressed . as the updating of the union list implies the application of criteria laid down in this regulation , implementing powers should be conferred on the commission in that respect . ### it is appropriate to authorise a novel food by updating the union list subject to the criteria and the procedures laid down in this regulation . a procedure that is efficient , time - limited and transparent should be put in place . as regards traditional foods from third countries having a history of safe use it is appropriate to provide for a faster and simplified procedure to update the union list if no reasoned safety objections are expressed . as the updating of the union list implies the application of criteria laid down in this regulation , implementing powers should be conferred on the commission in that respect . the union list should be easily accessible and fully transparent .


### through a progressive increase of the existing targets on preparing for re - use and recycling of packaging waste , it should be ensured that economically valuable waste materials are progressively and effectively recovered through proper waste management and in line with the waste hierarchy . that way it should be ensured that valuable materials found in waste are returned into the european economy , thus making progress in the implementation of the raw materials initiative15 and the creation of a circular economy . __________________ 15 com 442 . ### through a progressive increase of the existing targets on recycling of packaging waste , it should be ensured that economically valuable waste materials are progressively and effectively recovered through proper waste management and in line with the waste hierarchy . that way it should be ensured that valuable materials found in waste are returned into the european economy , thus making progress in the implementation of the raw materials initiative15 and the creation of a circular economy . __________________ 15 com 442 .


### separate recycling targets should be set for ferrous metals and aluminium in order to achieve significant economic and environmental benefits because more aluminium would be recycled leading to significant energy and carbon dioxide savings . the existing preparing for re - use and recycling target for metal packaging should therefore be split into separate targets for those two types of waste . ### separate recycling targets should be set for ferrous metals and aluminium in order to achieve significant economic and environmental benefits because more metals would be recycled leading to significant energy and carbon dioxide savings . the existing preparing for re - use and recycling target for metal packaging should therefore be split into separate targets for those two types of waste .


### ' 2 . to this end this directive lays down measures aimed , as a first priority , at preventing the production of packaging waste and , as additional fundamental principles , at reusing packaging , at recycling and other forms of recovering packaging waste and , hence , at reducing the final disposal of such waste . ' ### in article 1 , paragraph 2 is replaced by the following : ' 2 . to this end this directive lays down measures aimed , as a first priority , at preventing the production of packaging waste and , as additional fundamental principles , at reusing packaging , at recycling and other forms of recovering packaging waste and , hence , at reducing the final disposal of such waste in order to contribute to the transition towards a circular economy . '


### no later than 31 december 2030 the following minimum targets by weight for preparing for reuse and recycling will be met regarding the following specific materials contained in packaging waste : ### no later than 31 december 2030 the following minimum targets by weight for recycling will be met regarding the following specific materials contained in packaging waste :


### 85% of paper and cardboard . ### 70% of paper and cardboard .


### no later than 31 december 2025 the following minimum targets by weight for preparing for reuse and recycling will be met regarding the following specific materials contained in packaging waste : ### no later than 31 december 2025 the following minimum targets by weight recycling will be met regarding the following specific materials contained in packaging waste :


### 75% of paper and cardboard ; ### 90% of paper and cardboard ;


### 75% of paper and cardboard ; ### 60% of paper and cardboard ;


### 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 .


### for the purposes of calculating whether the targets laid down in article 6 to have been achieved member states may take into account the recycling of metals that takes place in conjunction with incineration in proportion to the share of the packaging waste incinerated provided that the recycled metals meet certain quality requirements . member states shall use the common methodology established in accordance with article 11a of directive 2008 / 98 / ec . ### for the purposes of calculating whether the targets laid down in article 6 to have been achieved member states may take into account the recycling of metals that takes place in conjunction with incineration in proportion to the share of the packaging waste incinerated provided that the recycled materials meet certain quality requirements . member states shall use the common methodology established in accordance with article 11a of directive 2008 / 98 / ec .


### the list of eligible regions and countries and potentially eligible regions and countries should be modified in order to exclude high income countries with high credit rating . in addition , iran is to be added to the list of potentially eligible regions and countries . ### the list of eligible regions and countries and potentially eligible regions and countries should be modified in order to exclude high income countries with high credit rating , except for countries where investments have significant regional ramifications , which contribute to regional , economic and political stability . given that the eib has expressed interest in financing a desalination plant and a natural gas project to serve both israel and jordan , israel should be kept on the list in support of regional stability . in addition , iran is to be considered as an eligible country to be added to the list of potentially eligible regions and countries , once it complies with the public statements of the financial action task force and with the action plans .


### 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 . ' ;


### to ensure that private sector investments have the greatest development impact , the eib shall endeavour to strengthen the local private sector in beneficiary countries through support to local investment as provided for in point of paragraph 1 . eib financing operations supporting the general objectives set out in paragraph 1 shall endeavour to also enhance its support to investment projects run by smes from the union . in order to effectively monitor the use of funds for the benefit of the smes concerned , the eib shall establish and maintain adequate contractual provisions imposing standard reporting obligations on both the financial intermediaries and the beneficiaries ; ### to ensure that private sector investments have the greatest development impact , the eib shall endeavour to strengthen the local private sector in beneficiary countries through support to local investment as provided for in point of paragraph 1 . eib financing operations supporting the general objectives set out in paragraph 1 shall endeavour to also enhance its support to investment projects run by smes from the union . the eib shall allow more risk - taking , flexibility and a development approach as well as enabling accurate impact measurements . in order to effectively monitor the use of funds for the benefit of the smes concerned , the eib shall establish and maintain adequate contractual provisions imposing standard reporting obligations on both the financial intermediaries and the beneficiaries ' ;


### regulation 2018 / xxx of the european parliament and of the council [ new cpr ] 16sets out common rules applicable to various funds including the european regional development fund , the european social fund plus , the cohesion fund , the european maritime and fisheries fund , the asylum and migration fund , the internal security fund and the border management and visa instrument which operate under a common framework . _________________ 16 [ full reference - new cpr ] . ### regulation 2018 / xxx of the european parliament and of the council [ new cpr ] 16 16 sets out common rules applicable to various funds including the european regional development fund , the european social fund plus , the cohesion fund , the european agricultural fund for rural development , the european maritime and fisheries fund , the asylum and migration fund , the internal security fund and the border management and visa instrument which operate under a common framework . _________________ 16 [ full reference - new cpr ] .


### a greener , low - carbon europe by promoting clean and fair energy transition , green and blue investment , the circular economy , climate adaptation and risk prevention and management by : ### a greener , low - carbon europe by promoting and supporting clean and fair energy transition , green and blue investment as well as a reduction in consumption , the circular economy , climate adaptation and risk prevention and management by :


### ensuring equal access to health care through developing infrastructure , including primary care ; ### promoting equal access to health care through developing infrastructure , including primary care and maternity care , particularly in peripheral rural areas ;


### common output and result indicators , as set out in the annex i with regard to the erdf and to the cohesion fund , and , where necessary , programme - specific output and result indicators shall be used in accordance with point of the second subparagraph of article [ 12 ] , point of article [ 17 ] and point of article [ 37 ] of regulation 2018 / xxxx [ new cpr ] . ### common output and result indicators together with their measurements units , &#160 ; as set out and defined in the annex i with regard to the erdf and to the cohesion fund , and , where necessary , programme - specific output and result indicators shall be used in accordance with point of the second subparagraph of article [ 12 ] , point of article [ 17 ] and point of article [ 37 ] of regulation 2018 / xxxx [ new cpr ] .


### global export authorisations shall be subject to the implementation , by the exporter , of an effective internal compliance programme . the exporter shall also report to the competent authority , at least once a year , on the use of this authorisation ; the report shall include at least the following information : ### global export authorisations shall be subject to the implementation , by the exporter , of an effective internal compliance programme . the exporter shall also report to the competent authority , at least once a year , or on request of the competent authority , on the use of this authorisation ; the report shall include at least the following information :


### in deciding whether or not to grant an individual or global export authorisation or to grant an authorisation for brokering services or technical assistance under this regulation , or to prohibit a transit , the competent authorities of the member states shall take into account the following criteria : ### in deciding whether or not to grant an individual or global export authorisation or to grant an authorisation for brokering services or technical assistance under this regulation , or to prohibit a transit , the competent authorities of the member states shall take into account all relevant considerations including :


### union and member states ' international obligations and commitments , in particular the obligations and commitments they have each accepted as members of the relevant international non - proliferation regimes and export control arrangements , or by ratification of relevant international treaties and their obligations under sanctions imposed by 2 a decision or a common position adopted by the council or by a decision of the osce or by a binding resolution of the security council of the united nations ; ### union and member states ' international obligations and commitments , in particular the obligations and commitments they have each accepted as members of the relevant international non - proliferation regimes and export control arrangements , or by ratification of relevant international treaties ;


### respect for human rights in the country of final destination as well as respect by that country of international humanitarian law ; ### their obligations under sanctions imposed by a decision or a common position adopted by the council or by a decision of the osce or by a binding resolution of the security council of the united nations ;


### information regarding the enforcement of controls , including details of exporters deprived of the right to use the national or union general export authorisations 1 , reports of violations , seizures and the application of other penalties ; ### information regarding the enforcement of controls , including reports of violations ;


### data on sensitive end users , actors involved in suspicious procurement activities , and , where available , routes taken . ### data on sensitive end users , actors involved in suspicious procurement activities , and routes taken .


### the chair of the dual - use coordination group shall , whenever it considers it to be necessary , consult exporters , brokers and other relevant stakeholders concerned by this regulation . ### the dual - use coordination group shall , whenever it considers it to be necessary , consult exporters , brokers and other relevant stakeholders concerned by this regulation .


### the dual - use coordination group shall , where appropriate , set up technical expert groups composed of experts from member states to examine specific issues relating to the implementation of controls , including issues relating to the updating of the union control lists in annex i . technical expert groups shall , where appropriate , consult exporters , brokers and other relevant stakeholders concerned by this regulation . ### the dual - use coordination group shall , where appropriate , set up technical expert groups composed of experts from member states to examine specific themes or issues relating to the implementation of controls . technical expert groups shall , where appropriate , consult exporters , brokers , civil society organisations and other relevant stakeholders concerned by this regulation .


### each member state shall take appropriate measures to ensure proper enforcement of all the provisions of this regulation . in particular , it shall lay down the penalties applicable to infringements of the provisions of this regulation or of those adopted for its implementation . those penalties must be effective , proportionate and dissuasive . ### each member state shall take appropriate measures to ensure proper enforcement of all the provisions of this regulation . in particular , it shall lay down the penalties applicable to infringements , circumvention , and the facilitations of infringements of the provisions of this regulation or of those adopted for its implementation . those penalties must be effective , proportionate and dissuasive .


### the dual - use coordination group shall set up an enforcement coordination mechanism with a view to establish direct cooperation and exchange of information between competent authorities and enforcement agencies . ### the dual - use coordination group shall set up a mechanism with a view to establish direct cooperation and exchange of information between competent authorities and enforcement agencies .


### 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 .


### to ensure they can benefit from a fair and effective internal market , the authority should promote opportunities for individuals and employers to be mobile or provide services and recruit anywhere within the union . this includes supporting the cross - border mobility of individuals by facilitating access to cross - border mobility services , such as the cross - border matching of jobs , traineeships and apprenticeships and by promoting mobility schemes such as ' your first eures job ' or ' erasmuspro’ . the authority should also contribute to improving transparency of information , including on rights and obligations stemming from union law , and access to services to individuals and employers , in cooperation with other union information services , such as your europe advice , and taking full advantage and ensuring consistency with the your europe portal , which will form the backbone of the future single digital gateway53 . __________________ 53 regulation [ single digital gateway – com256 ] ### to ensure they can benefit from a fair and effective internal market , the authority should promote opportunities for individuals and employers to be mobile or provide services and recruit anywhere within the union , in particular by ensuring ways of access for people with disabilities . this includes supporting the cross - border mobility of individuals by facilitating access to cross - border mobility services , such as the cross - border matching of jobs , traineeships and apprenticeships , by promoting the use of the europass - framework and also by promoting mobility schemes such as ' your first eures job ' or ' erasmuspro’ . the authority should also contribute to improving transparency of information , including on rights and obligations stemming from union law , and access to services to individuals and employers , in cooperation with other union information services , such as your europe advice , and taking full advantage and ensuring consistency with the your europe portal , which will form the backbone of the future single digital gateway53 . __________________ 53 regulation [ single digital gateway – com256 ]


### 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 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 .


### mediate and facilitate a solution in cases of cross - border disputes between national authorities or labour market disruptions . ### at the request of the member states , mediate between national authorities and help to resolve labour market disruptions .


### the authority shall be a body of the union with legal personality . ### the authority shall be a decentralised body of the union with legal personality .


### to that end , the authority shall , upon request of national authorities , and in order to speed up exchanges between them , in particular : ### to that end , the authority shall , upon request of and in close cooperation with national authorities , and in order to speed up exchanges between them , in particular :


### facilitate the follow - up to requests and information exchanges between national authorities by providing logistical and technical support , including translation and interpretation services , and through exchanges on the status of cases ; ### facilitate the follow - up to requests and information exchanges between national authorities by providing logistical and technical support , including translation and interpretation services , and through formal and informal exchanges on the status of cases ;


### report to the commission on a quarterly basis about unresolved requests between member states , and if considered necessary , refer those to mediation in accordance with article 13 . ### report to the commission , the european parliament and the member states on a quarterly basis about unresolved requests between member states , and if considered necessary , refer those to mediation in accordance with article 13 .


### the authority shall encourage the use of innovative approaches to effective and efficient cross - border cooperation , and explore the potential use of electronic exchange mechanisms between the member states to facilitate the detection of fraud , providing reports to the commission with a view to their further development . ### the authority shall encourage the use of innovative approaches to effective and efficient cross - border cooperation , and explore the potential use of electronic exchange mechanisms between the member states to facilitate the detection of fraud , providing reports to the commission and the member states in question with a view to their further development .


### the authority shall assess risks and carry out analyses regarding cross - border labour flows , such as labour market imbalances , sector - specific threats and recurring problems encountered by individuals and employers in relation to cross - border mobility . for that purpose , the authority shall ensure complementarity with , and draw on the expertise of , other union agencies or services , including in the areas of skills forecasting and health and safety at work . upon a request by the commission , the authority may carry out focused in - depth analyses and studies to investigate specific labour mobility issues . ### the authority shall assess risks and carry out analyses , keeping in mind regional and national specificities , regarding cross - border labour flows , such as labour market imbalances , sector - specific threats and recurring problems encountered by individuals and employers in relation to cross - border mobility . for that purpose , the authority shall ensure complementarity with , and draw on the expertise of , other union agencies or services , including in the areas of skills forecasting and health and safety at work . upon a request by the commission , the authority may carry out focused in - depth analyses and studies to investigate specific labour mobility issues .


### the authority shall organise peer reviews amongst national authorities and services in order to : ### the authority shall organise peer reviews , subject to prior authorisation by the member states in question , amongst national authorities and services in order to :


### improve the knowledge and mutual understanding of different systems and practices , as well as to assess the effectiveness of different policy measures , including prevention and deterrence measures . ### improve the knowledge and mutual understanding of different systems and practices , as well as to assess the effectiveness and implementation methodology of different policy measures , including prevention and deterrence measures .


### the authority shall collect statistical data compiled and provided by member states in the areas of union law within the scope of the authority’s competences . in doing so , the authority shall seek to streamline current data collection activities in those areas . where relevant , article 16 shall apply . the authority shall liaise with the commission and share the results of its data collection activities , where appropriate . ### the authority shall collect statistical data compiled and provided by member states in the areas of union law within the scope of the authority’s competences and in compliance with relevant union law on data protection . in doing so , the authority shall seek to streamline current data collection activities in those areas . where relevant , article 16 shall apply . the authority shall liaise with the commission and share the results of its data collection activities , where appropriate .


### develop common guidelines for use by member states , including guidance for inspections in cases with a cross - border dimension , as well as shared definitions and common concepts , building on relevant work at the union level ; ### develop guidelines for use by member states , including guidance for inspections in cases with a cross - border dimension , as well as shared definitions and common concepts , building on relevant work at the union level ;


### the authority shall report to the commission on a quarterly basis about the outcomes of the mediation cases it handles . ### the authority shall report to the commission , the european parliament and the member states on a quarterly basis about the outcomes of the mediation cases it handles .


### at the request of the national authorities , the authority may facilitate cooperation between relevant stakeholders in order to address labour market disruptions affecting more than one member state , such as large - scale restructuring events or major projects impacting employment in border regions . ### at the request of the national authorities , the authority may facilitate cooperation between relevant stakeholders in order to address labour market disruptions affecting more than one member state and with the prior agreement of the member states affected , such as large - scale restructuring events or major projects impacting employment in border regions .


### the authority may set up working groups or expert panels with representatives from member states and / or from the commission , or external experts following selection procedures , for the fulfilment of its specific tasks or for specific policy areas , including a mediation board in order to fulfil its tasks in accordance with article 13 of this regulation , and a dedicated group for the purpose of handling financial matters related to the application of regulations no 883 / 2004 and no 987 / 2009 , as referred to in article 8 of this regulation . ### the authority may set up working groups or expert panels with representatives from member states and / or from the commission , or external experts following selection procedures , for the fulfilment of its specific tasks or for specific policy areas , including an ad hoc mediation board in order to fulfil its tasks in accordance with article 13 of this regulation , and a dedicated group for the purpose of handling financial matters related to the application of regulations no 883 / 2004 and no 987 / 2009 , as referred to in article 8 of this regulation .


### the member states and the commission shall make efforts to limit the turnover of their representatives on the management board in order to ensure continuity of the board ' s work . all parties shall aim to achieve balanced representation between men and women on the management board . ### the member states and the commission shall make efforts to limit the turnover of their representatives on the management board in order to ensure continuity of the board ' s work .


### each member of the management board shall have an alternate . the alternate shall represent the member in his or her absence . ### each member of the management board shall have an alternate . the alternate shall represent the member in his or her absence . whilst both representatives may exercise their right to attend meetings simultaneously , only one vote per member state is allowed .


### representatives from third countries , which are applying the union law in areas covered by this regulation , may participate in the meetings of the management board as observers . ### representatives from third countries , which are applying the union law in areas covered by this regulation , may participate in the meetings of the management board as observers , subject to prior unanimous authorisation by member states .


### preparing an action plan following up on the conclusions of internal or external audit reports and evaluations , as well as investigations by olaf and reporting on progress twice a year to the commission and regularly to the management board ; ### preparing an action plan following up on the conclusions of internal or external audit reports and evaluations , as well as investigations by olaf and reporting on progress twice a year to the commission and the european parliament and regularly to the management board ;


### the commission shall send the draft estimate to the budgetary authority together with the draft general budget of the union . ### the commission shall send the draft estimate to the budgetary authority together with the draft general budget of the union , clearly indicating the authorities ' budget line . the commission shall also inform the european parliament of the draft estimate .


### the executive director may be removed from office only upon a decision of the management board acting on a proposal from the commission . ### the executive director may be removed from office only upon a decision of the management board .


### to that end , the authority may , subject to prior approval by the commission , establish working arrangements with the authorities of third countries . those arrangements shall not create legal obligations incumbent on the union and its member states . ### to that end , the authority may , subject to prior approval by the commission and the management board , establish working arrangements with the authorities of third countries . those arrangements shall not create legal obligations incumbent on the union and its member states .


### since the internal market comprises an area without internal frontiers relying , inter alia , on the free movement of services and persons , it is necessary to provide that consumers can use online content services which offer access to content such as music , games , films or sporting events not only in their member state of residence but also when they are temporarily present in other member states of the union . therefore , barriers that hamper access and use of such online content services cross border should be eliminated . ### since the internal market comprises an area without internal frontiers relying , inter alia , on the free movement of services and persons , it is necessary to provide that consumers can use online content services which offer access to content such as music , games , films or sporting events not only in their member state of residence but also when they are temporarily present in other member states of the union travelling for leisure or business . therefore , barriers that hamper access and use of legally acquired online content services cross border should be eliminated .


### 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 .


### 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 .


### 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 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 .


### ' 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 .


### 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 .


### it shall apply from [ date : 6 months following the day of its publication ] . ### the legal fiction as outlined in recital 20 shall apply from . . . [ 6 months following the date of publication of this regulation ] with the obligation to offer portability for online content services which are provided against payment of money , and the regulation in its entirety , shall apply from 12 months following the date of its publication .


### it is necessary to provide eurojust with an administrative and management structure that allows it to perform its tasks more effectively and respects the principles applicable to union agencies whilst maintaining eurojust ' s special characteristics and safeguarding its independence in the exercise of its operational functions . to this end , the functions of the national members , the college and the administrative director should be clarified and an executive board established . ### it is necessary to provide eurojust with an administrative and management structure that allows it to perform its tasks more effectively , always in line with the charter of fundamental rights of the eu , and respects the principles applicable to union agencies whilst maintaining eurojust ' s special characteristics and safeguarding its independence in the exercise of its operational functions . to this end , the functions of the national members , the college and the administrative director should be clarified and an executive board established .


### to guarantee the full autonomy and independence of eurojust , it should be granted an autonomous budget , with revenue coming essentially from a contribution from the budget of the union , except as regards the salaries and emoluments of the national members and assisting persons , which are borne by their member state of origin . the union budgetary procedure should be applicable as far as the union contribution and other subsidies chargeable to the general budget of the union are concerned . the auditing of accounts should be undertaken by the court of auditors . ### to guarantee the full autonomy and independence of eurojust , it should be granted an autonomous budget , with revenue coming essentially from a contribution from the budget of the union , except as regards the salaries and emoluments of the national members and assisting persons , which are borne by their member state of origin . the union budgetary procedure should be applicable as far as the union contribution and other subsidies chargeable to the general budget of the union are concerned . the auditing of accounts should be undertaken by the court of auditors and approved by the committee on budgetary control of the european parliament .


### the use or disclosure of a trade secret shall be considered unlawful whenever carried out , without the consent of the trade secret holder , intentionally or with gross negligence , by a person who is found to meet any of the following conditions : ### the use or disclosure of a trade secret shall be considered unlawful whenever carried out without the consent of the trade secret holder by a person who is found to meet any of the following conditions :


### where in the course of the proceedings , the alleged trade secret is found not to fulfil the requirements set in point of article 2 ; ### where in the course of the proceedings , the alleged trade secret is found not to fulfil the requirements set out&#160 ; in point of article 2 ;


### to restrict access to any document containing trade secrets submitted by the parties or third parties , in whole or in part ; ### to restrict access to any document containing trade secrets or alleged trade secrets&#160 ; submitted by the parties or third parties , in whole or in part , to a limited number of persons , provided that at least one person from each party , its respective lawyers or representative to the proceedings and court officials are given full access to such document ;


### in view of their respective expertise in cybersecurity , the joint research centre of the commission as well as the european network and information security agency should play an active part in the cybersecurity competence community and the industrial and scientific advisory board . ### in view of their respective expertise in cybersecurity , the joint research centre of the commission as well as the european network and information security agency should play an active part in the cybersecurity competence community and the industrial and scientific advisory board , in order to ensure synergies .


### having regard to the state - of - the - art cybersecurity industrial and research infrastructures and related services , acquiring , upgrading , operating and making available such infrastructures and related services to a wide range of users across the union from industry including smes , the public sector and the research and scientific community ; ### having regard to the state - of - the - art cybersecurity industrial and research infrastructures and related services , acquiring , upgrading , operating and making available such infrastructures and related services in a fair , open and transparent way to a wide range of users across the union from industry including smes , the public sector and the research and scientific community ;


### bringing together stakeholders , to foster synergies between civil and defence cyber security research and markets ; ### bringing together stakeholders , to foster synergies between civil and defence cyber security research and markets , where appropriate aligning activities with relevant eu agencies and bodies including enisa ;


### the commission may invite observers , including representatives of relevant union bodies , offices and agencies , to take part in the meetings of the governing board as appropriate . ### the governance board may invite observers , including representatives of relevant union bodies , offices and agencies and members of the competence community , to take part in the meetings of the governing board as appropriate to ensure expertise is brought in and to build stronger links with industry and research communities .


### prepare an action plan following - up conclusions of internal or external audit reports , as well as investigations by the european anti - fraud office and reporting on progress twice a year to the commission and regularly to the governing board ; ### prepare an action plan following - up conclusions of internal or external audit reports , as well as investigations by the european anti - fraud office and reporting on progress twice a year to the commission , the european parliament and regularly to the governing board ;


### 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 .


### as a result , the commission awarded between 2012 and 2015 via an open call for proposals operating grants to two non - profit entities , finance watch and better finance . these grants were awarded under a pilot project during two years , 2012 and 2013 , and a preparatory action since 2014 . since a preparatory action can be used up to three years3 , a legislative act is necessary to provide a legal basis for funding such actions as of 2017 . __________________ 3 regulation no 966 / 2012 of the european parliament and of the council of 25 october 2012 on the financial rules applicable to the general budget of the union and repealing council regulation no 1605 / 2002 . ### as a result , the commission awarded between 2012 and 2015 via an open call for proposals operating grants to two non - profit entities , finance watch and better finance , aiming to enhance the involvement of consumers in the field of financial services . these grants were awarded under a pilot project during two years , 2012 and 2013 , and a preparatory action since 2014 . since a preparatory action can be used up to three years3 , a legislative act is necessary to provide a legal basis for funding such actions as of 2017 . __________________ 3 regulation no 966 / 2012 of the european parliament and of the council of 25 october 2012 on the financial rules applicable to the general budget of the union and repealing council regulation no 1605 / 2002 .


### finance watch was set up in 2011 as an international non - profit association under belgian law . its mission is to defend the interests of civil society in the financial sector . thanks to union grants , finance watch in a short period of time managed to set up a qualified team of experts , able to conduct studies , policy analysis and communication activities in the field of financial services . ### finance watch was set up in 2011 as an international non - profit association under belgian law , with union grants . its mission is to defend the interests of civil society in the financial sector . thanks to union grants , finance watch in a short period of time managed to set up a qualified team of experts , able to conduct studies , policy analysis and communication activities in the field of financial services .


### better finance results from successive re - organisations and rebranding of pre - existing european federations of investors and shareholders since 2009 . thanks to union grants , the organisation managed to form a financial centre of expertise , focusing mostly on the interests of consumers , individual investors , individual shareholders , savers and other end - users of financial services , in coherence with its membership base . ### better finance results from successive re - organisations and rebranding of pre - existing european federations of investors and shareholders since 2009 . thanks to union grants , the organisation managed to form a financial centre of expertise , focusing mostly on the interests of consumers , individual investors , individual shareholders , savers and other end - users of financial services , in coherence with its membership base and its resources .


### 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 by the commission of the pilot project and the subsequent preparatory action carried out in 2015 concluded that the policy objectives have been generally achieved .


### 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 . ### the evaluation carried out by the commission concluded that 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 . the commission evaluated national organisations dealing with all kinds of consumers ' issues to be lacking technical expertise in policy areas related to financial services . in addition , no other similar organisations have been identified at union level so far . although the evaluation also showed that no other applicant responded to the successive yearly calls for proposal since 2012 , the programme should be open to other potential beneficiaries if they meet the requirements of the programme .


### 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 .


### 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 .


### 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 .


### 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 would ensure that the positive impacts of the activities of those organisations assessed so far , in the financial sector , 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 .


### the programme shall cover the following activities : ### in order to achieve its objectives , the following activities shall be co - financed by the programme :


### 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 ;


### to further enhance the participation of consumers and other financial services end - users , as well as stakeholders representing their interests , in union policy - making in the area of financial services ; ### to further enhance the participation of consumers - in the union and in the member states - and other financial services end - users , as well as stakeholders representing the interests of consumers and other financial services ' end - users , in union policy - making in the area of financial services ;


### 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 .


### 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 .


### evaluation ### monitoring and evaluation


### 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 .


### a review of the regulation should be undertaken after the regulation has been in force for a period of time , in order to assess , among others , to what extent the cross - border provision of ancillary online services has increased to the benefit of european consumers and hence also to the benefit of improved cultural diversity in the union . ### in line with the principles of better regulation , a review of the regulation should be undertaken after the regulation has been in force for a period of time , in order to assess the impact of the regulation , and primarily , to what extent the cross - border provision of ancillary online services has increased to the benefit of european consumers and hence also to the benefit of improved cultural diversity in the union . this review should be coordinated , where appropriate , with provisions aimed at improving the cross - border accessibility of content on video - on - demand platforms that were included in article 10 of directive 2017 / . . . of the european parliament and of the council1a , in the form of a dispute resolution mechanism . should this mechanism not lead to a significant increase in the cross - border availability of content on video - on - demand platforms , the inclusion of those services in the scope of this regulation should be considered . _________________ 1a proposal for a directive of the european parliament and of the council on copyright in the digital single market , com0593 .


### holders of copyright and related rights other than broadcasting organisations may exercise their rights to grant or refuse the authorisation for a retransmission only through a collective management organisation . ### holders of copyright and related rights other than broadcasting organisations may choose to exercise their rights to grant or refuse the authorisation for a retransmission through either a collective management organisation or by other appropriate means in accordance with freedom of contract .


### 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 , where applicable and without prejudice to alternative arrangements under freedom of contract , which of those collective management organisations is to manage his or her right .


### the development , production and dissemination of european statistics are subject to a separate european statistical programme established by regulation no 99 / 2013 of the european parliament and of the council47 . in order to provide continuity of producing and disseminating european statistics , the new programme should also include activities covered by the european statistical programme by providing a framework for the development , production and dissemination of european statistics . the new programme should establish the financial framework for european statistics to provide high - quality , comparable and reliable statistics on europe in order to underpin the design , implementation , monitoring and evaluation of all union policies . _________________ 47 regulation no 99 / 2013 of the european parliament and of the council of 15 january 2013 on the european statistical programme 2013 - 17 . ### the development , production and dissemination of european statistics are subject to a separate european statistical programme established by regulation no 99 / 2013 of the european parliament and of the council47 . in order to provide continuity of producing and disseminating european statistics , the new programme should also include activities covered by the european statistical programme by providing a framework for the development , production and dissemination of european statistics . the new programme should establish the financial framework for european statistics to provide high - quality , comparable and reliable statistics on europe in order to underpin the design , implementation , monitoring and evaluation of all union policies . preparing statistics should not , however , result in an increase in the administrative burden either for enterprises or for public entities . _________________ 47 regulation no 99 / 2013 of the european parliament and of the council of 15 january 2013 on the european statistical programme 2013–17 .


### the fitness check of union consumer and marketing law carried out by the commission in may 2017 exposed the need to better enforce rules and facilitate redress when consumers have been harmed by breaches to consumer laws . as a result the commission adopted a ' new deal for consumers ' in april 2018 to ensure , inter alia , the equal treatment of consumers across the internal market in relation to dual quality standards , stronger enforcement capacities of member states , enhanced product safety , increased international cooperation and new possibilities for redress notably through representative actions by qualified entities . the programme should aim to support consumer policy with awareness raising and knowledge building , capacity building and exchange of best practices of the consumer organisations and consumer protection authorities , networking and development of market intelligence , strengthening the evidence base on the functioning of the internal market for consumers , it systems and communication tools , inter alia . ### the fitness check of union consumer and marketing law carried out by the commission in may 2017 exposed the need to better enforce rules and facilitate redress when consumers have been harmed by breaches to consumer laws . the commission adopted a ' new deal for consumers ' to ensure , inter alia , the equal treatment of consumers across the internal market in relation to dual quality standards among the member states , stronger enforcement capacities of member states , enhanced product safety , increased international cooperation and new possibilities for redress notably through representative actions by qualified entities . the programme should aim to support consumer policy with awareness raising and knowledge building , capacity building and exchange of best practices of the consumer organisations and consumer protection authorities , networking and development of market intelligence , strengthening the evidence base on the functioning of the internal market for consumers , it systems and communication tools , inter alia .


### producing and communicating high quality statistics on europe in a timely , impartial and cost - efficient manner , through enhanced partnerships within the european statistical system referred to in article 4 of regulation no 223 / 2009 and with all relevant external parties , using multiple data sources , advanced data analytics methods , smart systems and digital technologies . ### producing and communicating high quality statistics on europe in a timely , impartial and cost - efficient manner and without giving rise to an additional administrative burden , through enhanced partnerships within the european statistical system referred to in article 4 of regulation no 223 / 2009 and with all relevant external parties , using multiple data sources , advanced data analytics methods , smart systems and digital technologies .


### according to article 2 of the treaty on european union , ' the union is founded on the values of respect for human dignity , freedom democracy , equality , the rule of law and the respect for human rights , including the rights of the persons belonging to minorities . these values are common to the member states in a society where pluralism , non - discrimination , tolerance , justice , solidarity and equality between women and men prevail ' . article 3 further specifies that the ' union ' s aim is to promote peace , its values and the well - being of its people ' and , among others , ' it shall respect its rich cultural and linguistic diversity , and shall ensure that europe ' s cultural heritage is safeguarded and enhanced ' . these values are further reaffirmed and articulated in the rights , freedoms and principles enshrined in the charter of fundamental rights of the european union . ### according to article 2 of the treaty on european union , ' the union is founded on the values of respect for human dignity , freedom democracy , equality , the rule of law and the respect for human rights , including the rights of the persons belonging to minorities . these values are common to the member states in a society where pluralism , non - discrimination , tolerance , justice , solidarity and equality between women and men prevail ' article 3 specifies that the ' union ' s aim is to promote peace , its values and the well - being of its people ' and , among others , ' it shall respect its rich cultural and linguistic diversity , and shall ensure that europe ' s cultural heritage is safeguarded and enhanced ' .


### pursuant to articles 81 and 82 of the treaty on the functioning of the eu , the union shall support the training of the judiciary and judicial staff as a tool to improve judicial cooperation in civil and criminal matters based on the principle of mutual recognition of judgments and of judicial decisions . training of justice professionals is an important tool to develop a common understanding of how best to uphold the rule of law . it contributes to the building of the european area of justice by creating a common judicial culture among justice professionals of the member states . it is essential to ensure the correct and coherent application of law in the union and mutual trust between justice professionals in cross - border proceedings . the training activities supported by the programme should be based on sound training needs’ assessments , use state of the art training methodology , include cross - border events gathering justice professionals of different member states , comprise active learning and networking elements and be sustainable . ### pursuant to articles 81 and 82 of the treaty on the functioning of the eu , the union shall support the training of the judiciary and judicial staff as a tool to improve judicial cooperation in civil and criminal matters based on the principle of mutual recognition of judgments and of judicial decisions . training of justice professionals is an important tool to develop a common understanding of how best to implement and uphold the rule of law . it contributes to the building of the european area of justice by creating a common judicial culture among justice professionals of the member states . it is essential to ensure the correct and coherent application of law in the union and mutual trust between justice professionals in cross - border proceedings . the training activities supported by the programme should be based on sound training needs’ assessments , use state of the art training methodology , include cross - border events gathering justice professionals of different member states , comprise active learning and networking elements and be sustainable .


### measures under the programme should support enhanced mutual recognition of judicial decisions and judgments and the necessary approximation of legislation that will facilitate cooperation between all the relevant authorities , including financial intelligence units , and the judicial protection of individual rights in civil and commercial matters . the programme should also advance the procedural legislation for cross - border cases and greater convergence in civil law that will help to eliminate obstacles to good and efficient functioning judicial and extra - judicial procedures in benefit of all parties in a civil dispute . finally , in order to support the effective enforcement and practical application of the union law on judicial cooperation in civil matters , the programme should support the functioning of the european judicial network in civil and commercial matters established by council decision 2001 / 470 / ec . ### measures under the programme should support member states in their efforts for improving cooperation and mechanisms for mutual recognition of judicial decisions and judgments and the necessary approximation of legislation , in line with the principles of subsidiarity , that will facilitate cooperation between all the relevant authorities , including financial intelligence units , and the judicial protection of individual rights in civil and commercial matters . the programme should also advance the procedural legislation for cross - border cases and greater convergence in civil law , where appropriate , that will further the good and efficient functioning of judicial and extra - judicial procedures in benefit of all parties involved in a civil dispute . finally , in order to support the effective enforcement and practical application of the union law on judicial cooperation in civil matters , the programme should support the functioning of the european judicial network in civil and commercial matters established by council decision 2001 / 470 / ec .


### actions covered by this regulation should contribute to the creation of a european area of justice , increasing cross - border cooperation and networking and achieving the correct , coherent and consistent application of union law . funding activities should also contribute to a common understanding of the union’s values , the rule of law , to better knowledge of union law and policies , to sharing know - how and best practices in using judicial cooperation instruments by all concerned stakeholders , as well as to a proliferation of interoperable digital solutions underpinning seamless and efficient cross - border cooperation , and should provide a sound analytical basis to support the development , enforcement and proper implementation of union law and policies . union intervention allows for those actions to be pursued consistently across the union and brings economies of scale . moreover , the union is in a better position than member states to address cross - border situations and to provide a european platform for mutual learning . ### actions covered by this regulation should contribute to promoting fair , efficient and cooperative justice , improving cross - border cooperation and networking mechanisms , as well as achieving the correct , coherent and consistent application of union law . funding activities should also contribute to a common understanding of the rule of law , to better knowledge of union law and policies , to sharing know - how and best practices in using judicial cooperation instruments by all concerned stakeholders , as well as to a proliferation of interoperable digital solutions underpinning seamless and efficient cross - border cooperation , and should provide a sound analytical basis to support the development , enforcement and proper implementation of union law and policies . union intervention allows for those actions to be pursued consistently across the union and contribute to economies of scale . additionally , the programme may provide for a forum for mutual learning and the sharing of best practices .


### the recipients of union funding shall acknowledge the origin and ensure the visibility of the union funding by providing coherent , effective and proportionate targeted information to multiple audiences , including the media and the public . ### the recipients of union funding shall acknowledge the origin and ensure the visibility of the union funding through the use earmarking indicators by providing coherent , effective and proportionate targeted information to multiple audiences , including the media and the public .


### proposal for a regulation of the european parliament and of the council on addressing geo - blocking and other forms of discrimination based on customers ' nationality , place of residence or place of establishment within the internal market and amending regulation no 2006 / 2004 and directive 2009 / 22 / ec ### proposal for a regulation of the european parliament and of the council on addressing geo - blocking and other forms of unjustified discrimination based on customers ' nationality , place of residence or place of establishment within the internal market and amending regulation no 2006 / 2004 and directive 2009 / 22 / ec


### for the purposes of ensuring the good functioning of the internal market , the targeted measures set out in this regulation , which provide for a clear , uniform and effective set of rules on a selected number of issues , are therefore required . ### for the purposes of ensuring the good functioning of the internal market , the targeted measures set out in this regulation , which provide for a clear , uniform and effective set of rules on a selected number of issues , are therefore required . these measures should maintain balance between consumer protection for customers and economic and contractual freedom for traders . in this respect , any disproportionate costs or administrative burden or the obligation to deliver to all member states should be imposed on traders . furthermore , the new obligations imposed on member states should not extend beyond what is necessary to implement the new rules .


### this regulation aims at preventing discrimination based on customers ' nationality , place of residence or place of establishment , including geo - blocking , in cross - border commercial transactions between traders and customers relating to the sales of goods and the provision of services within the union . it seeks to address direct as well as indirect discrimination , thus also covering unjustified differences of treatment on the basis of other distinguishing criteria which lead to the same result as the application of criteria directly based on customers ' nationality , place of residence or place of establishment . such other criteria can be applied , in particular , on the basis of information indicating the physical location of customers , such as the ip address used when accessing an online interface , the address submitted for the delivery of goods , the choice language made or the member state where the customer ' s payment instrument has been issued . ### this regulation aims at preventing unjustified discrimination based on customers ' nationality , place of residence or place of establishment , including geo - blocking , in cross - border commercial transactions between traders and customers relating to the sales of goods and the provision of services within the union . it seeks to address direct as well as indirect discrimination , thus also covering unjustified differences of treatment on the basis of other distinguishing criteria which lead to the same result as the application of criteria directly based on customers ' nationality , place of residence or place of establishment . such other criteria can be applied , in particular , on the basis of information indicating the physical location of customers , such as the ip address used when accessing an online interface , the address submitted for the delivery of goods , the choice language made or the member state where the customer ' s payment instrument has been issued .


### this regulation seeks to contribute to the proper functioning of the internal market by preventing discrimination based , directly or indirectly , on the nationality , place of residence or place of establishment of customers . ### this regulation seeks to contribute to the proper functioning of the internal market by preventing discrimination based , directly or indirectly , on the nationality , place of residence or place of establishment of customers , and where such discrimination cannot be directly justified by objective criteria pursuant to article 20 of directive 2006 / 123 / ec .


### each member state shall designate a body or bodies responsible for the enforcement of this regulation . member states shall ensure that adequate and effective means exist with the body or bodies designated in order to enforce compliance with this regulation . ### each member state shall designate an existing body or bodies responsible for the enforcement of this regulation , as well as lay down and implement effective , proportionate and dissuasive rules on the measures applicable for infringements of the provisions of this regulation . member states shall ensure that adequate and effective means exist with the body or bodies designated in order to enforce compliance with this regulation .


### each member state shall confer responsibility for providing practical assistance to consumers to a body or bodies in case of a dispute between a consumer and a trader arising from the application of this regulation . each member state shall designate a body or bodies responsible for that task . ### each member state shall designate an existing body or bodies responsible for providing general advise to consumers in case of a dispute between a consumer and a trader arising from the application of this regulation .


### by [ date : two years after the entry into force of this regulation ] and every five years thereafter , the commission shall report on the evaluation of this regulation to the european parliament , the council and the european economic and social committee . that report shall , where necessary , be accompanied by a proposal for an amendment of this regulation , in light of legal , technical and economic developments . ### by [ date : three years after the entry into force of this regulation ] and every three years thereafter , the commission shall report on the evaluation of this regulation to the european parliament , the council and the european economic and social committee . that report shall , where necessary , be accompanied by a proposal for an amendment of this regulation , in light of legal , technical and economic developments .


### member states may benefit from support in addressing challenges as regards the design and implementation of structural reforms . these challenges may be dependent on various factors , including limited administrative and institutional capacity or inadequate application and implementation of union legislation . ### member states may benefit from technical support in addressing challenges as regards the design and implementation of structural reforms . these challenges may arise from , or have an impact on , cross - border or union - wide challenges and may be dependent on various factors , including limited administrative and institutional capacity or inadequate application and implementation of union legislation .


### member states may benefit from support in addressing challenges as regards the design and implementation of structural reforms . these challenges may be dependent on various factors , including limited administrative and institutional capacity or inadequate application and implementation of union legislation . ### member states have not benefited from support in addressing challenges as regards the design and implementation of structural reforms . on the contrary , these reforms have massively swelled the ranks of the unemployed and helped social inequalities to take hold within the eu , while leaving increasing numbers of citizens destitute by the day .